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

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. S. 1.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st December, 1931, as certified by the Managers of the respective Banks :--

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

22,483,681

8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited......

TOTAL

128,738,801 112,000,000†

3,409,400 1,350,000§

明

154,631,882 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,279,000.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,078,000.

In addition Securities deposited with the Crown Agents valued at £180,000.

8th January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. S. 2.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£180,000

8th January, 1932.

972-981

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 3.-The following names of successful tenderers are notified for general information:-

Government Notification.

Particulars.

Firms.

S. 413 of 30.10.31.

Tender for the supply of coal to the Hong Messrs. Lee Yick.

Kong Government.

S. 414 of 28.10.31.

Tender for the supply of opium pots.

Messrs. Yiu Tseung.

S. 424 of 30.10.31.

Tender for repairs to Grab Dredger No. 2.

Messrs. W. S. Bailey

& Co., Ltd.

S. 436 of 6.11.31.

Tender for making Uniforms for Govern- Messrs. Tung Hing

ment Departments.

S. 437 of 5.11.31.

Tender for repairs to Grab Dredger No. 1.

Co.

Messrs. Hong Kong

and Whampoa Dock Co., Ltd.

S. 442 of 13.11.31.

S. 443 of 13.11.31.

S. 444 of 13.11.31.

S. 445 of 13.11.31.

Tender for the supply of meals to Chinese Messrs. Chan Sum.

prisoners, witnesses and deportees.

Tender for photographing, Police Depart- Messrs. Po Chun.

ment.

Tender for the supply of Brass Dog Licence Messrs.

Badges.

Tender for Kowloon Quarry Lot No. 2.

S. 451 of 14.11.31.

Tender for Kowloon Quarry Lot No. 3.

S. 452 of 19.11.31.

Tender for Kowloon Quarry Lot No. 15.

S. 473 of 1.12.31.

Tender for Latrine at Possession Point.

Hing.

Kwong

Messrs. Shing Lee

Co.

Messrs. Kin Yick

Lung.

Messrs. Tung Fat

Co.

Messrs. Lam Woo

& Co.

W. T. SOUTHorn,

Colonial Secretary.

4th January, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 4.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

med Just bec

Small-pox.

Shanghai.

Do.

8th January, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 5.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

8th January, 1932.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary..

POLICE DEPARTMENT.

　　No. S. 6.-In view of the approaching Chinese New Year, it is hereby notified by His Excellency the Governor that, permission is given for Fireworks to be fired as follows:-

A. Within those portions of the City of Victoria and the Kowloon Peninsula

bounded by the following limits:-

A.--(1.) Queen's Road East from Royal Naval Hospital entrance to Kennedy Road, by Kennedy Road to a line running through Hing Wan Street, down Stone Nullah Lane to Wanchai Road and Tai Wo Street to Gloucester Road, along Gloucester Road to Stewart Road and Burrows Street and by Burrows Street to the Gas Works, Wauchai Road. Wanchai Market and both sides of the streets are included in these limits.

(2.) Kowloon Peninsula.

All the area south of Austin Road.

On Saturday, the 6th February, from 5 p.m. to 6 p.m.; and on Sunday, the 7th Febuary, from 8 a.m. to 9 a.m. and 5 p.m. to 6 On Saturday, the 13th February, from 6 a.m. to 8 a.m.

p.m.

B.-Within those portions of the City of Victoria not comprised in the limits set out in A. (1), and within that part of the Kowloon Peninsula (the portion indicated in A. (2) excepted) which lies within a line and includ- ing Nathan Road from its junction with Austin Road to Prince Edward Road, thence, Prince Edward Road to the railway line, thence, the rail- way line to the tunnel face at Kowloon Tong, thence, to the northern end of Waterloo Road, thence, Waterloo Road to Prince Edward Road, thence, Prince Edward Road to Argyle Street, thence, Argyle Street to Waterloo Road, thence, Waterloo Road to the railway line, thence, the railway line to Chatham Road, thence, due south to the south sea shore, thence, the sea shore or sea wall to the Star Ferry Pier; and Jordan Road, west of the district specified above.

From 4 p.m. on Saturday, the 6th February, till 4 p.m. on Monday, the 8th February, and on Saturday, the 13th February, from 6 a.m. to 9 a.m.

　　Firing of fireworks is to be strictly confined to the times named above, both within and without the prescribed area; and both sides of all streets, or parts of streets named as the boundaries above, are to be considered as within the prescribed area.

　　No burning fireworks or other fire is to be thrown above the head or near any person or inflammable material, and all reasonable precaution must be taken against accident, as every one is liable for damage arising from his carelessness.

　　The firing of fireworks is not to be carried on in the vicinity of places of Christian Worship during Divine Service.

　　Attention is drawn to Government Notification No. 187 of April 1st, 1927. No person shall make, sell, or have in his possession any fireworks which explode by detona- tion, or which contain any explosive ingredient or mixture other than black gunpowder, charcoal, "sulphur, saltpetre, aluminium and potassium perchlorate, or which have in any single container thereof more than 10 grains of any explosive mixture in which potassium perchlorate is an ingredient".

No firework may be discharged within the following area :-

All that area within and bounded by a line along the whole of Ko Shing Street to its western end or junction with Des Voeux Road West, thence along Des Voeux Road West to its junction with Centre Street, thence along Centre Street to its junction with Bonham Road, thence, along and including Bonham Road to a point found by producing the eastern boundary of

نا

Pound Lane, then to and along and including Pound Lane, theuce along and including Hollywood Road to its junction with Queen's Road West thence along Queen's Road West to its junction with Queen's Street, thence along Queen's Street to its junction with Ko Shing Street, the Point of commencement. The course of the said line is such that boundary streets and roads not specifically included in the area lie outside it.

　　　The Police have strict orders to summon or arrest persons firing fireworks in contra- vention of the foregoing restrictions.

The firing of Bombs, "Electric" crackers and "Golden Coin" crackers is strictly prohibited.

8th January, 1932.

E. D. C. WOLFE,

Inspector General of Police.

HARBOUR DEPARTMENT.

　　　No. S. 7.-It is hereby notified that sealed tenders in quintuplicate which should be clearly marked "Tenders for the Conversion of Commercial Moorings ", will be received at the Colonial Secretary's Office until Noon of Friday, the 22nd day of January, 1932.

　　　The work in connection with the conversion of the Commercial Moorings consists of the following:

(1). To construct four (4) 50 ton concrete blocks measuring 11' 0" by 11' 0" by 6′ 9′′ each block having cast in it one 5" diameter eye fitting, each block to be re-inforced with three (3) tons scrap steel sections.

(2). To cast one five (5) ton concrete block on cable chain for each block. (3). To supply one 4" diameter shackle for each block for connecting chain

cable to eye on block.

(4). To supply each 50 ton concrete block with two 4" diameter shackles with

long pins, and forelocks for connecting swivel to block.

(5). To supply each 50 ton concrete block with one 34" diameter buoy shackle. (6). To connect up moorings transport blocks to harbour lay down in an approved position and connect up mooring buoys. Chain cable and swivels to be supplied by the Harbour Department.

(7). To construct four (4) reversible mooring buoys 10' 0" diameter and S′ 0′′ deep fitted with 1,000 lbs. portable cast iron ballast in four slabs. Inside diameter of tube 24 inches.

Inside diameter of tube between castings 19 inches as per specification to be seen at the Assistant Government Marine Surveyor's Office, Yaumati. Buoys to be cement washed inside painted two coats red lead outside, tested to the satisfaction of the Government Marine Surveyor and on comple- tion to be delivered at Taikoo Dockyard.

6th January, 1982.

G. F. HOLE,

Harbour Master, &c.

نا

　　　The Police have strict orders to summon or arrest persons firing fireworks in contra- vention of the foregoing restrictions.

The firing of Bombs, "Electric" crackers and "Golden Coin" crackers is strictly prohibited.

8th January, 1932.

E. D. C. WOLFE,

Inspector General of Police.

HARBOUR DEPARTMENT.

　　　The work in connection with the conversion of the Commercial Moorings consists of the following:

(2). To cast one five (5) ton concrete block on cable chain for each block. (3). To supply one 4" diameter shackle for each block for connecting chain

cable to eye on block.

(4). To supply each 50 ton concrete block with two 4" diameter shackles with

long pins, and forelocks for connecting swivel to block.

(7). To construct four (4) reversible mooring buoys 10' 0" diameter and S′ 0′′ deep fitted with 1,000 lbs. portable cast iron ballast in four slabs. Inside diameter of tube 24 inches.

6th January, 1982.

G. F. HOLE,

Harbour Master, &c.

HARBOUR DEPARTMENT.

　　No. S. 8.-Sealed tenders in quintuplicate, which should be clearly marked "Tenders for the construction of one Reversible Mooring Buoy", will be received at the Colonial Secretary's Office until Noon of Friday, the 22nd day of January, 1932.

Particulars:--

10′ 0′′ diameter and 8' 0" deep to be litted with 1,000 lbs. portable cast iron

ballast in four slabs.

Inside diameter of tube 24 inches.

Inside diameter of tube between castings 19 inches, as per specification to be

seen at the Assistant Government Marine Surveyor's Office, Yaumati. Buoy to be cement washed inside painted two coats red lead outside, tested to the satisfaction of the Government Marine Surveyor and on completion to be delivered at Taikoo Dockyard.

6th January, 1932.

G. F. HOLE,

Harbour Master, etc.

HARBOUR DEPARTMENT.

　　No. S. 9.It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to No. 2 Police Launch will be received at the Colonial Secretary's Office until Noon of Friday, the 22nd day of January, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repairs; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

Harbour Master, &c.

6th January, 1932.

HARBOUR DEPARTMENT.

　　No. S. 10. It is hereby notified that sealed tenders iu quintuplicate, which should be clearly marked "Tenders for repairs to Steam Launch S.D. 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 22nd day of January, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

6th January, 1932.

Harbour Master, &c.

DISTRICT OFFICE, SOUTH.

No. S. 11.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Square feet. price.

Upset Crown

Rent.

Hang Hau Demarcation District No. 225.

Lot No. 739.

Hang Hau.

8th January, 1932.

***

1,504

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN,

District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

さ

　　　No. S. 12.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $600.

}

DISTRICT OFFICE, SOUTH.

No. S. 11.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Square feet. price.

Upset Crown

Rent.

Hang Hau Demarcation District No. 225.

Lot No. 739.

Hang Hau.

8th January, 1932.

***

1,504

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN,

District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

さ

　　　No. S. 12.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $600.

}

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Hang Hau

Demarcation District! No. 225.

Lot No. 740.

Hang Hau.

8th January, 1932.

Contents in

Annual

Upset Crown

Price.

Square feet.

Rent.

544

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 13.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $2,000.

PARTICULARS OF THE LOT.

Contents in Square feet.

Price.

Annual Upset Crown

Rent.

Boundary Measurements.

Registry No.

Locality.

Po Toi Island Lot No. 1157.

Po Toi.

15,000

Subject to readjustment as provided by the Conditions of Sale.

150 17.50

8th January, 1932.

J. S. MACLAREN, District Officer, Southern District.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Hang Hau

Demarcation District! No. 225.

Lot No. 740.

Hang Hau.

8th January, 1932.

Contents in

Annual

Upset Crown

Price.

Square feet.

Rent.

544

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 13.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $2,000.

PARTICULARS OF THE LOT.

Contents in Square feet.

Price.

Annual Upset Crown

Rent.

Boundary Measurements.

Registry No.

Locality.

Po Toi Island Lot No. 1157.

Po Toi.

15,000

Subject to readjustment as provided by the Conditions of Sale.

150 17.50

8th January, 1932.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

　　　　No. S. 14.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931, and Special Conditions 1 (a) and (b).

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents Upset Crown

Annual

Price.

Rent.

Acres.

Po Toi Island

Lots Nos. 100 section A, 101 section A, 102-112, 114-178, 199-288.

289 section A, 292-296, 298 and 299.

8th January, 1932.

Po Toi.

*9-

4.85

529

4.90

Subject to readjustinent as

provided by the Conditions of Sale.

J. S. MACLAREN,

District Officer, Southern District.

GOVERNMENT LABORATORY.

No. S. 15.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 31st December, 1931.

Number of

Description.

samples.

Number found genuine.

Number found adulterated.

Chocolates

Condensed Milk .....

Flour

Milk, (Fresh)

Sugar

Tea

4th January, 1932.

E. R. DOVEY,

Government Analyet.

GOVERNMENT LABORATORY.

No. S. 16.Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the year ended 31st December, 1931 :---

Description.

Bread

Butter

Biscuits

Cheese

Number of samples.

Number found genuine.

Number found

adulterated.

Chocolates

Condensed Milk

Flour

Milk (Fresh)

Sugar

Tea

Tinned Fish

Tinned Mushroom and

Chicken

162

130

4th January, 1932.

E. R. DOVEY,

Government Analyst.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 17.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1931.

Title of Book.

Language in which it is

written.

Name of

Author,

Translator,

Place

Name or

Firm of

Number

Subject.

Editor.

Printing

and

Place of

Publication.

Printer and

Date of

Issue from

Name or

the Press.

Sheets,

Leaves,

Size.

Number

Edition.

Whether

Printed

Price

at which

Firm of

Publisher.

Pages.

Copies of

which the

Edition

consists.

the Book Litho- is sold to graphed. .the Public.

No. 25.-Figures and Quotations

English.

of Local and Other Stocks.

Ellis and

Edgar.

Figures and Quotations of Local and

Other

Stocks.

38,

Rumford

13.10.31.

D'Aguilar

Street.

Printing

Press.

pages.

Demy

8vo.

42nd

160 Printed.

No. 26.-Hongkong and About.

Around

Do.

No. 27.-" Lampadee Dromos.' Greek name for the "Torch Race

No. 28.-Model Sentences

Book I.

Do.

S. H. Peplow Hongkong.

and

M. Barker.

Hongkong.

Ye Olde

Printerie,

Ltd.

19.10.31.

196

pages.

6" × 10" Second

1,000

Do.

Miss B. M.

Pope, B.Sc.

Christian

Work.

Des Vœux

Road.

Loong Shing 20.10.31. Co.

pages.

7" X 10" First.

500

Do.

$1.00

$5.00

Name and Residence of the Proprietor of the Copy- right or any Portion of such Copyright.

Ellis & Edgar. 14.10.31.

S. H. Peplow & M. Barker C/o Gibb,

Livingston & Co., Ltd.

17.10.31.

Distributed H.K. University

to members

of the H.K.

University

Union.

Christian

Association.

26.10.31.

Do.

Hü Kün Chi. The Study of English.

60,

Wellington Street.

Wilson

Printing

Press.

24.10.31.

100

pages.

6" x 1" Second

1,000

Do.

30 cents.

Hü Kün Chi, 31F, Wyndham Street,

Second floor.

28.10.31.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1931,--Continued.

Title of Book.

Language in which it is

written.

Price

Name of

Author,

Translator,

Place

Subject.

Editor.

Printing

and

Place of

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Name or

Firm of

Printer and

Name or

Firm of

Publisher.

Date of

Issue from

the Press.

Number

Sheets,

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Number

Edition.

Pages.

Number

Copies of

which the

Editiou

consists.

Whether

Printed

at which

the Book

Litho- graphed. the Public.

is sold to

No. 29.-Figures and Quotations

English.

of Local and Other Stocks.

Ellis and

Edgar.

Figures and

Quotations

of Local

and Other

Stocks.

38,

D'Aguilar

Street.

Rumford

12.11.31.

Demy

43rd.

160 Printed.

Printing

Press.

pages.

8vo.

No. 30.-Figures and Quotations

of Local and Other Stocks.

160

Do.

1.12.31.

pages.

Do.

$1.00

Name and

Residence of the Proprietor of the Copy-

right or any Portion of such

No. 31.-A Hong Kong Sketch Book.

Do.

A. Sweet. Hong Kong.

China

Building, Queen's Road Central.

Ye Olde

Printerie,

Ltd.

7.12.31.

leaves.

83 × 11 13 "

First.

750

Do.

$2.50

No. 82.-Figures and Quotations of Local and Other Stocks.

Do.

Ellis and

Edgar.

Figures and

Quotations

38,

D'Aguilar

Street.

Rumford 22.12.31. Printing

Press.

54 Demy

160

Do.

pages.

8vo.

of Local and

Other

Stocks.

$1.00

Ellis & Edgar.

13.11.31.

Ellis & Edgar. 3.12.31.

Ye Olde

Printerie,

Ltd.

8.12.31.

Ellis & Edgar. 23.12.31.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1931,-Continued.

Price

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Place

Name or

Firm of

Number

Title of Book.

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Copies of which the

Edition

consists.

Whether

Printed

at which

The Book

Litho-

is sold to

graphed. the Public.

No. 33.- Aux Rives de L'Traonaddy.

French.

Pere A

Darne.

Elhuological Geographical

Description

Nazareth,

Pokfulam.

Nazareth.

November, 200 1931. pages.

Crown

Svo.

First.

1,000

Printed.

and Historical

of some parts į

of Burmah.

$2.50

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Residence of the Proprietor of the Copy- right or any Portion of such Copyright.

The Printing

Office of

Nazareth,

Pokfulam.

31.12.31.

No. 34,-Histoire des Miao.

Do.

Fr. F. M.

Tavina.

As denoted

by title.

Do.

300

pages.

Do.

Not

known.

Do.

35.

mum.

Latin.

Rev. Fr.

Lacroix.

Translation into Chinese

No. 36.-Dictionnaire Ka Nao- Francais et Francais-Ka Nao.

of some parts

of the

Roman

Catholic

Breviary.

Do.

4 parts

together

Demy

8vo.

Do.

1,052

pages.

French and

Kauao.

Pere Joseph

Esquirol.

As by title.

Do.

520

Do.

500

Do.

pages.

$4.00

$10.00

Do.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st December, 1931,-Continued.

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Title of Book.

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written.

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Printer and

Name or

Firm of

Publisher.

Number

Date of

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A. E. WOOD,

p. Secretary for Chinese Affairs

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 19 of 1931.

Re To Po Wan alias To Sik Pan of No. 130, Apliu Street, (1st floor), Shamshuipo in the Dependency of Kowloon and Colony of Hong Kong.

Notices of Public Examination.

NOTICE is of the above-named debtor

OTICE is hereby given that the Public

will be held at the Supreme Court, Victoria,

in the Colony of Hong Kong, on Thursday, the 14th day of January, 1932, at 10 a.m.

No. 21 of 1931

Re Stanley Greenwood, of 14 Essex

Crescent, Kowloon Tong, in the

Dependency of Kowloon and Colony

of Hong Kong.

NOTICE is hereby given that the Public

Examination of the above-named debtor

will be held at the Supreme Court, Victoria, in the the Colony of Hong Kong, on Thursday, 14th day of January, 1932, at 10 a.m.

Dated the 6th day of January, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION

In the Goods of Alice Matilda Hamilton, late of 7, Queen's Parade, Chelten- ham, in the County of Gloucester in the United Kingdom, Widow, de- ceased.

NOTICE is hereby given that the Court has by virtue of the provisions of

Section 58 of Ordinance, No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 5th day of February, 1932.

　　　　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 6th day of January, 1932.

DEACONS,

Solicitors for the Executrixes,

No. 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 338 or 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 390 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ho Cheuk NOTICE is hereby given that The Chuan

Wan of No. 172, Tung Choi Street, Mongkok, in the Dependency of Kowloon and Co'ony of Hong Kong, has, on the 3rd day of October, 1931, applied to the Registrar of Trade Marks for the registration in Hong Kong, of the following Trade Mark :-

濟潘何堂德善

尤散膏丹三蛇胆葯品

始創補腦强身丸各項

標商氏雲倬何

in the name of Shin Tak Tong Ho Pun Chai, who claims to be the proprietor thereof.

The Trade Mark has been used by the ap- plicant in respect of medicines, medicine pills and powder in Class 3 for over 20 years.

A facsimile of such Trade Mark can be seen at the Office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

HO CHEUK WAN, Applicant.

(FILE No. 393 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The On Yan

Company,

of No.

56, Lower Lascar Row, (ground floor, Victoria, in the Colony of Hong Kong, have, on the 19th

day of November, 1931, applied for registra-

tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

標

商蜍

蟾

TRADE MARK

Chiong Firm () of 204, Wing

Lok Street, Hong Kong, have, by an application dated the 14th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

FOUR CANDLE

CHUAN CHIONG

MADE IN CHINA

in the name of the said Chuan Chiong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Articles of Clothing in Class 38.

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants.

St. George's Building,

Hong Kong.

(FILE No. 402 of 193!.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Shiu Wah Knitting Factory of Nos. 351, 353 and 357 Lai-Chi-Kok Road, Kowloon, in the Colony of Hong Kong, Merchants, on the 27th day of November, 1931 applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

港

香

廠緻約華紹!

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

　　　　PURSUA1971, as amended by Section 6 of Ordinance No. 19 of 1913, Wan-Hing Young whose place of residence for the last twelve months has been No. 13, Morrison Hill Road, Victoria in the Colony of Hong Kong, and who served his Articles of Clerkship to the late Mr. Leo Longinotto, deceased, Victoria afore- said, Solicitor, and subsequently to Mr. A. el Arculli, Victoria aforesaid, Solicitor, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examination and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 18th day of December, 1931.

W. H. YOUNG.

in the name of The On Yan Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 2 in respect of Mosquito Destroyer.

Facsimile of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building, Chater Road,

Hong Kong.

册

註

衫線牌桂丹

in the name of The Shiu Wah Knitting Factory who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in class 38 in respect of Singlets.

Facsimile of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the Undersigned.

Dated the 4th day of December, 1931.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

―

In the Matter of the Companies Ordin-

ances, 1911-1930,

and

In the Matter of the Wings Mineral

Refining Company, Limited.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given that at Extra- ordinary General Meetings of the above named Company duly convened and held at 166, Des Vœux Road West, Victoria. Hong Kong, on the 10th day of December, 1931 and the 30th day of December, 1931, the following Resolution was duly passed and confirmed as a Special Resolution, namely:-

"That this Company be wound-up

voluntarily and that Wong Tso Wing of 166, Des Vœux Road West, be appointed Liquidator of the Company for the purposes of such winding-up.'

WONG TSO WING. Managing Director.

Hong Kong, 8th January, 1932,

(FILE No. 360 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Steger and Company of King's Building, Victoria, Hong Kong, have on the 27th day of October, 1931, applied

for registration in Hong Kong, of the accompanying Trade Mark :-

品

་་

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Businesses Ordinance No. 25

of 1923.

NOTICE is hereby given that by an Assign- ment dated the 30th day of December, 1931,

Cheng Chak Man (E) the Manag-

ing Partner of The Shiu Cheung Wo Kee Firm, of No. 151, Wing Lok Street, Victoria, in the Colony of Hong Kong, Grocery Dealer (herein. after called "the Transferor" has transferred the said business of the said Shiu Cheung Wo

Kee Firm () to Ho Sze Tong) of Victoria aforesaid (hereinafter called "the Transferce ").

The Transferee intends to carry on the business at No. 151, Wing Lok Street, Victoria

aforesaid under the same style or firm name

and will not assume the liabilities incurred by in the name of the said Steger and Company, who claim to be the pro-

the Transferor in the said business.

Dated this 7th day of January, 1932.

CHEUNG CHAK MAN,

(鄭澤民)

Transferor,

HO SZE TONG,

(豪時堂)

Transferee.

白告私傢項承

民頂新按月受概璃下啓國人早揭初訂頂檯設者廿無日貨五明與椅立譚年涉與項日國德什威立十特他會交歷輔物儀朝二此理項易二道電公在

prietors thereof.

The above Trade Mark is to be used by the Applicants in respect of Cotton Piece Goods in class 24.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 4th day of December, 1931.

Trade and Shipping

Returns for the Month of November, 1931.

月登安街如月中燈司德 COM

YOMPILED by the Statistical Branch

WILKINSON & GRIST,

Solicitors for the Applicants, Hong Kong.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),

Three months,

(do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

of the Imports and Exports De- *** Upartment, containing full particulars Half year, (do.),

of Imports from and Exports to every 頂頂一聲經與儀號百話將道

country showing the total quantity 人人日明交及公卽七裝該中 and the value for each commodity. 滙威以易華司舊十修字二生儀免之洋有歷全號百

·公後後轉欠壬滙盤之七源司論槪轕到申生舖櫃+ 與等各年源底架號

啓

承情界正承一樓

PRICE $2 per copy :

NORONHA & CO.,

Government Printers,

5, Duddell Street.

For 5 lines and under,. Each additional line,

Chinese, per Character, Repetitions,

$18.00 10.00 6.00

$1.00 for 1st.

$0.20) insertion

5 cents. Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

(FILE No. 426 of 1931)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a

Trade Mak.

NOTICE is hereby given that The Kai

　　　　　　　　　Seung Knitting Factory of No. 197, Ki Lung Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 17th day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

KAI SEUNG

商標

雙

唘

線

品出廠造纖常啟

in the name of The Kai Seung Knitting Factory,

who claim to be the proprietors thereof.

　　　　　　　　The Trade Mark has been used by the Applicants in respect of Articles of Clothing in Class 38 since the 1st day of June, 1930.

Dated the 8th day of January, 1932. A. EL ARCULLI, Solicitor for the Applicants, No. 14, Queen's Road Central,

Hong Kong.

(FILE No. 432 of 1931)

THE TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mitsui Bussan

Kaisha Limited, of Japan a Company registered under the laws of Japan having a branch office at No. 5, Ice House Street, Central, Victoria, in the Colony of Hong Kong, have, on the 23rd day of November, 1931, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark viz:-

MITLITE

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors there-

of.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz :-

Lamps (ordinary) and Electric Lamps

(ordinary) in Class 13.

Dated the 8th day of January, 1932.

HASTINGS, Dennys BOWLEY,

So rs for the Applicants,

No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 436 of 1931.)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Kung Kee Battery Company, of No. 135,

　　　　　　　　　　Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz :--

In the Matter of the Companies Ordin-

ances, 1911,

and

In the Matter of Globe Fook Cheong Electric Supply Company, Limited.

EXTRAORDINARY RESOLUTION.

T an Extraordinary General Meeting of the above-named Company, duly convened, and held at No. 72, Queen's Road Central, Victoria, in the Colon of Hong Kong, at 2.30 o'clock p.m. on the 5th day of December, 1931, the following resolution was duly passed, and at a subsequent Extraordinary General Meeting of the members of the said Company, also duly convened and held at No. 144, Des Vœux Road Central, (1st Floor), Victoria afore- said, at 2.30 o'clock p.m. on the 21st day of December, 1931, the same resolution was duly confirmed as a special resolution, viz :-

That the Company be wound-up voluntarily and that Ip Kam Shing (X) of No. 20, Lee

Yuen Street East, and Yueng King

Um () of No. 126,

Wing Lok Street, both of Victoria, in the Colony of Hong Kong, be and they are hereby appointed Liquida- tors for the purposes of such winding-up."

"That the said Liquidators be paid $200.00 each as remuneration for their services in such winding-up."

Dated the 31st December, 1931.

WONG KOK SHUEN,

Chairman.

(FILE No. 275 or 1931)

TRADE MARKS ORDINANCE, 1809.

Application for Registration of

a Trade- Mark.

OTICE is hereby given that Sharp & Dohme, Incorporated, a corporation organized under the laws of the State of Mary

land, of Philadelphia, Pennsylvania, United States of America, Manufacturers, have, on the 23rd day of June, 1931, applied for the Registration in Hong Kong, in the Register of Trade-Marks of the following Trade-Mark :--

K.K.

KUNG KEE

NO.725

The Flashlight Battery with Staying Power

K.K.

REG.IN CHINA

GUARANTEE

THIS CELL HAS BEEN INSPECTED AND TESTED AND LEAVES OUR FACTORY IN PERFECT CONDITION WE GUARANTEE THAT IT WILL GIVE SERVICEABLE LICHT LONGER THAN ANY OTNER CELL OF SAME DIMENSIONS USED UNDER COMPARABLE CON. DITIONS. SHOULD IT FAIL TO DO THIS. WE WILL EITHEA RE. PLACE IT OR RETURN YOUR MONEY

KUNG KEE

KUNG KEE BATTERY COMPANÝ

FUNG NING ROAD CANTON CHINA

PATENT NUMBERS lüne at Mire) 614:195 1397.3

1602 196

COPYRICHT 1930' BY

BATTERY COMPANY FUNGNING ROAD CANTON CHÍNA

725

MADE IN CHINA

in the name of the Kung Kee Battery Company, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by Applicants forthwith in Class 8 in respect of Batteries.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that the applicants disclaim the right to the ex- clusive use of the letters 'K. K.," the figures 725" and all the written matters except the name of the firm and address.

Dated the 8th day of January, 1932,

LO AND LO,

Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

in the name of Sharp & Dohme, Incorporated who claim to be the proprietors thereof.

The said Trade-Mark has been used by the Applicants since the 2nd day of April, 1930, in respect of the following goods :-

Disinfectants, in Class 2.

Antiseptic lozenges, in Class 3. The Applicants disclaim the right to the exclusive use of the letters "S & D" appearing on the Mark.

Dated the 8th day of January, 1932.

REMFRY & SON,

PATENT AND TRADE-MARK ATTORNEYS, 21, Old Court House Street,

Calcutta.

(FILE No. 400 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 401 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Ferodo

(FILE No. 399 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that am Strand, N Limited, a British Company of, Sovereign NOTICE is hereby given that the Regant

Yick Kee Bonham

Victoria, Hong Kong and of Shanghai in the Republic of China, have, on the 26th day of November, 1931, applied for registration in Hong Kong, of the accompany Trade Mark:-

標商凰鳳

in the name of the said Hua Cheng Yick Kee,

who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Cardboard in Class 39.

　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 11th day of December, 1931.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

(FILE NO. 398 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Sino

　　　　　　German Trading Company of No. 137, Des Voeux Road Central, Victoria, Hong Kong, have, on the 24th day of November, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

Mills, Hayfield Road, Chapel-en-le-Frith, Derbyshire, England, Manufacturers, have, on the 26th day of November, 1931, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

FEROGRIP

in the name of Ferodo Limited, who claim to be the proprietors thereof.

Trade Mark has been used by the Applicants since 3rd September, 1931, in respect of the following goods :-

Stair tread, brake blocks, brake and clutch linings, surfacing materials for brakes and clutches, friction driving surfaces, surfaces for belt and rope gearing drives, driving ropes, driving belts, driving bands, tyres and parts of tyres, washers, carriage body pads, shock absorb- ing pads, interleaving for laminated springs, motor bonnet rests, and engine, machine, pump and hydrau- lic packings, in Class 50.

The Trade Mark is associated with Trade Mark No. 107 of 1927.

Dated the 11th day of December, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

NOTICE

Hong Kong.

Electric Factory(喱近電器廠)

of Bud Kung Lane, Tai Tak Road, Canton in the Province of Kwong Tung in the Republic of China, have, on the 26th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said Regant Electric Factory, who claim to be the proprietors there- of.

The Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric Flashlights.

Facsimile of the above mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 11th day of December, 1931.

(FILE NO. 261 OF 1928)

A. E. HALL & CO., Solicitors for the Applicants, No. 36, Queen's Road Central, Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Royal Baking Powder Company, a cor- poration duly organized and existing under the laws of the State of New Jersey, doing business at 100, East 42nd Street, in the City, County and State of New York, United States of America, have on the 20th day of September, 1928, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

中德樓

BAKING POWDER

POWDER

ROYAL BUONG POWDER CO

NEW YORK, LUAS.A

BAKING

[POWDER

in the name of the said Sino German Trading Company, who claim to be the proprietors thereof.

　　　　The Trade Mark has been used by the Applicants in respect of the following goods

in the following class, viz :-

Pencils in Class 39.

Dated the 11th day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong,

in the name of Royal Baking Powder Company, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Applicants and or its pre- decessors since 1866, in respect of the following goods :-

Baking Powder, in Class 42.

The Applicants disclaim the right to the exclusive use of the repre- sentation of the tin and all the added matter, and that the registration is limited to the colors blue, yellow, maroon and black as shewn on the mark.

Dated the 11th day of December, 1931.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building, Hồng Kong.

(FILE No. 370 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Pak Cho

　　　　　　　　　　　Tong, of No. 66, Bonham Strand East, Victoria, in the Colony of Hong Kong, have, on the 30th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

in the name of The Pak Cho Tong, who claim -;

to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of:

Medicines in Class 3.

　　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 389 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that White Horse

　　　　　　　　　　　Distillers Limited, of 120 St. Vincent Street, Glasgow, Scotland, have by an applica- tion dated the 28th day of August, 1930, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Tarde Mark:

(FILE No. 392 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Chung Nam Flashlight Factory of No. 14B, Shaukiwan Road, Victoria, in the Colony of Hong Kong, have, on the 18th day of Novem- ber, 1931, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely :---

TRADE

MARK

in the name of the said Chung Nam Flashlight Factory, who claim to be the proprietors there-

of.

The Trade Mark is intended to be used by the applicants in class in respect of Electric Flashlights.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 4th day of December, 1931.

A. E. HALL & CO., Solicitors for the Applicants, No. 36, Queen's Road Central,

Hong Kong.

(FILE No. 323 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that The Anglo-

N Indian Drug and Chemical Company of

285 Juma Musjid Market, Bombay, India, Merchants, have, on the 23rd day of July, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks :-

(1)

KAMINIA

(2)

DIL-BAHAR

in the name of The Anglo-Indian Drug and Chemical Company, who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Applicants in respect of:--

Perfumery (including toilet articles, pre- parations for the teeth and hair and perfumed soap) in Class 48 since 1st July, 1908 and 15th January, 1906, respectively.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

DEACONS, Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

LOGANS

SUPERB OLD

Highland Which

in the name of the said White Horse Distillers Limited, who claim to be the proprietors thereof.

The above Mark has been used by the Applicant in respect of Whisky (Class 43) since 11th day of December, 1903.

The Applicants disclaim the right to the exclusive use of the words Superb" and

Logan's" and the figures "1742."

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building,

•

Hong Kong.

(FILE No. 385 or 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Singer Manufacturing Company, of No. 149, Broadway, New York, County and State of New York United States of America, have, on the 23rd day of June, 1931, applied for the re- gistration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

SINGER

in the name of the said Singer Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Sewing machine needles, oil cans, screw drivers, pliers, stillettos, stools, electric switches (ordinary) and switch covers and electric lamp fittings not forming parts of or accessories for motor vehicles and cycles: all being goods of ordinary metal not included in other Classes, in Class 13.

The word

Singer" has been declared to be distinctive by order of His Excellency the Governor under Section 9 (5) of the Trade Marks Ordi- nance, 1909.

Dated the 4th day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 376 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Nagao Goshi Kaisha of 2-11 Shiba Park, Shibaku,

Tokyo, Japan, have on the 2nd day of Novem- ber, 1931, applied for the registration in Hong Kong, of the accompanying Trade Mark :-

WAKAMOTO

(FILE No. 382 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

Star Drug Store of No. 357, Lai-Chi-

OTICE is hereby given that The Meridian

Kok Road, (First Floor), Kowloon in the Colony of Hong Kong, Merchants on the 7th day of November, 1931, applied for the re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:

(FILE No. 377 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Kwong Tin

Kut & Co., of No. 6, Hing Wan Street, Victoria, in the Colony of Hong Kong, have, on the 3rd day of November, 1931, applied for registration, in Hong Kong, of the accom- panying Trade Mark :-

港行药星寶者

實質高康健康

GOD

TRADE

MARK

牌士力

in the name of the said Nagao Goshi Kaisha, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Medicines and drugs, medical accessories and chemicals in Class 3.

The Applicants disclaim the right to the exclusive use of the word "Wakamoto."

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 14th day of November, 1931.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 273 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

́OTICE is hereby given that United King- dom Tobacco Company (1929) Limited, of 132, Commercial Street, London, England, Tobacco Manufacturers, have on the 19th day of June, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark -

Marcovitch

BLACK&WHITE

THE

MERIDIANSTAR BALM

MADE INCHINA

in the name of The Meridian Star Drug Store who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in class 3 in respect of Medicine.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 10th day of November, 1931.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Vœux Road Central,

Hong Kong.

(FILE No. 378 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

"OTICE is hereby given that the Hardimen

Νο

Co., (ñíî)) of No. 3,

Kau U Fong, Victoria, in the Colony of Hong Kong, General merchants have on the 4th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, a facsimile of which is shewn hereunder :-

in the name of the said Kwong Tin Kut & Co. who claim to be the proprietors thereof.

The above Trade Mark is to be used by the Applicants in respect of Medicine in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 14th day of November, 1931.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong

(FILE NO. 381 of 1931) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Shiu Wah Knitting Mill of Nos. 351, 353 and 357 Lai-Chi-Kok Road, Kowloon in the Colony of Hong Kong, Merchants on the 7th day of November, 1931, applied for the re- gistration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

SHIUWAHKNITTINGMILL

港

約華超

84 PICCADILLY

LONDON

DOLLAR

BRAND

in the name of United Kingdom Tobacco Com- pany (1929) Limited who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-

Manufactured Tobacco in Class 45, since

　　　　　　February, 1927. Registration of this Trade Mark shall give no right to the exclusive use of the name "Marcovitch

which is that of a predecessor

in business of the applicants.

　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 13th day of November, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

HARDINEN

CO.

in the name of the said Hardimen Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Shirts, Underwears and Neck ties since September, 1931, in Class 38.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the offices of the undersigned.

Dated the 6th day of November, 1931.

LEO D'ALMADA E CASTRO, Sclicitor for the Applicants, No. 67, Des Vœux Road Central,

Hong Kong.

衫線牌掌手

HON

in the name of The Shiu Wah Knitting Mill who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in class 38 in respect of Singlets.

Facsimiles of the above Trade Mark can be seen, at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 10th day of November, 1931.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

(FILE No. 355 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE No. 353 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that William NOTICE is hereby given that Grigsby-

　　　　　　　　　Meyerink & Company of 12, Pedder Street, Victoria, in the Colony of Hong Kong, have, on the 20th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

　　　　　　in the name of William Meyerink & Company who claim to be the sole proprietors thereof.

　　　　　　　The Trade Mark has been used by the Ap- plicants in respect of :--

Yarns of wol, worsied or hair in Class

33 since the year 1930.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of November, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 350 of 1931)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Hing Ah Company, of No. 5 Hing Loong Street, Victoria, Hongong, have on the 15th day of October, 1931, applied for the registra- tion, in Hong Kong, in the Register of the

Trade Marks, of the following Trade Mark, viz :-

*--

司公亞興

梅話

WA MUI

HING AH CO

MADE IN CHINA

HONG

KONG

Grunow Company of 5801, Dickens

(FILE NO. 346 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Avenue, Chicago, State of Illinois, United NOTICE is hereby given that I. G.

States of America, have on the 15th day of August, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

Majestic

in the name of Grigsby-Grunow Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap-" plicants (or its predecessors in business) in respect of Refrigerating machine, washing machines, vacuum cleaners and electrical household appliances since November, 1929, in Class 6 and in respect of apparatus for transmitting, recording, reproducing amplifying sound or light; radio and television apparatus and supplies; parts and accessories of the foregoing and electrical goods since December, 1931, in Class 8.

A Facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of November, 1931.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 369 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chan Chun

Lan Firm of No. 103, Queen's Road

Central, Hong Kong, Tea and Tobacco Mer- chants, has, by an application dated the 29th

Farbenindustrie Aktiengesellschaft of Grumburg platz, Frankfurt A. W. Germany, Manufacturers, have on the 24th day of August, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Novopan

樂

片

in the name of I. G. Farbenindustrie. Aktien- gesellschaft who claim to be the sole pro- prietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Photographic films sensitized in Class 1. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of November, 1931.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 356 of 1931)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

day of October, 1931, applied for the registra-NOTICE is hereby given that Sam Wo

tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

生

Factory of No. 6. Waterloo Road, Yaumati, Kowloon, Hong Kong, have on the

22nd day of October, 1931, applied for registra-

tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

霧眉月保

三和

in the name of the said Hing Ah Company, who claim to be the proprietors thereof.

　　　　　　　　The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Substances used as food or as ingredients

in food in Class 42.

　　　　　　　The Applicants disclaim the right to the exclusive use of the representation of a Plum

and the Chinese characters), and

this mark is to be associated with Trade Marks Nos. 10, 11 and 12 of 1927.

Dated the 6th day of November, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

品出廠煙紅蘭表 01

in the name of Chan Chun Lan Firm, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Chinese prepared tobacco in class 45.

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 6th day of November, 1931.

CHAN CHUN LAN FIRM, 103, Queen's Road Central, Hong Kong, Applicants.

SAM WO

in the name of Sam Wo Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by Sam Wo Factory in respect of China soy and China sauce in Class 42.

A representation of the Trade Maak is de- posited for inspection in the Office of the Registrar of Trade Marks.

Dated the 6th day of November, 1931.

SAM WO FACTORY, 6, Waterloo Road, Yaumati, Kowloon,

Hong Kong, Applicants.

Draft Bill.

No. S. 18.-The following bill is published for general information --

C.S.O. 2739/21.

[No. 40-18.12.31.-2.]

A BILL

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.

INTITULED

An Ordinance to amend the Police Force Ordinance, 1900.

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.

Objects and Reasons.

1. This Ordinance substitutes a new section for section 32 of the principal Ordinance which made provision for the appointment by the Governor, on the application of any householder, of any member of the force to do special police duty in and upon the premises of the applicant on payment for the same of the whole of the pay and allowances of the member of the force so appointed.

2. Applications for such services are not always made by householders, they are sometimes made by clubs or institutions on occasions where such services are required.

3. The detailing of members of the force for such pur- poses seems rather a matter for the Inspector General of Police than for the Governor.

4. Moreover, the provision as to the payment of the whole of the pay and allowances of a member of the force who might be detailed only for a few hours special duty seems unreasonably restrictive.

December, 1931.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 19.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

15th January, 1932.

Do.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 20.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

15th January, 1932.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301,

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

　　　　No. S. 21.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Garden Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931 and Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

Upset Crown

Square feet.

price.

Rent.

Tsun Wan Demarcation District

No. 453. Lot No. 1137.

I Pe Chun.

13th January, 1932.

.:..

23,500

Subject to

readjustment as provided by the

Conditions of Sale.

€

.60

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 22.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,300.

}

DISTRICT OFFICE, SOUTH.

　　　　No. S. 21.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

Upset Crown

Square feet.

price.

Rent.

Tsun Wan Demarcation District

No. 453. Lot No. 1137.

I Pe Chun.

13th January, 1932.

.:..

23,500

Subject to

readjustment as provided by the

Conditions of Sale.

€

.60

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 22.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,300.

}

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Square feet.

Price.

Upset Crown

Annual

Rent.

Tsun Wan Demarcation District

No. 453

Lot No. 1136.

I Pe Chun.

13th January, 1932.

2,000

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 23.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot (lime kiln), subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931.

The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $200.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Square feet.

Price.

Upset Crown

Rent.

Hang Hau Demarcation District No. 224. Lot No. 261.

Hang Hau.

300

Subject to

readjustment as provided by the Conditions of Sale.

13th January, 1932.

J. S. MACLAREN, District Officer, Southern District.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Square feet.

Price.

Upset Crown

Annual

Rent.

Tsun Wan Demarcation District

No. 453

Lot No. 1136.

I Pe Chun.

13th January, 1932.

2,000

Subject to readjustment as provided by the Conditions of Sale.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

No. S. 23.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of January, 1932.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot (lime kiln), subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931.

The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $200.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Square feet.

Price.

Upset Crown

Rent.

Hang Hau Demarcation District No. 224. Lot No. 261.

Hang Hau.

300

Subject to

readjustment as provided by the Conditions of Sale.

13th January, 1932.

J. S. MACLAREN, District Officer, Southern District.

District Office, South.

No. S. 24.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Tuesday, the 2nd day of February, 1932.

　　　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot (lime kiln), subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931, and to the Special Condition hereunder specified.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Upset

Crown

Price.

Rent.

Ping Chau.

4,440

Ping Chau Demarcation District Lot No. 288 6th Extension.

Subject to readjustment as provided by the Conditions of

Sale.

SPECIAL CONDITION.

　　　　Purchaser shall, within a period of two years from the day of Sale fill in and level the Lot to the satisfaction of the District Officer, South, and construct for the protection of the Lot a sea wall of such design construction and materials as shall be approved by the District Officer, South.

J. S. MACLAREN, District Officer, Southern District.

14th January, 1932.

DISTRICT OFFICE, TAI PO.

No. S. 25.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 3rd day of February, 1932.

　　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Building Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lot No. 1 is further subject to Special Condition No. 2 (a) and (b) in the above Notification and to Special Condition hereunder specified. Lots Nos. 2 and 3 are further subject to Special Condition No. 2 (a).

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $6,250, $250 and $250 respectively.

District Office, South.

No. S. 24.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Tuesday, the 2nd day of February, 1932.

　　　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot (lime kiln), subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931, and to the Special Condition hereunder specified.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,500.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Upset

Crown

Price.

Rent.

Ping Chau.

4,440

Ping Chau Demarcation District Lot No. 288 6th Extension.

Subject to readjustment as provided by the Conditions of

Sale.

SPECIAL CONDITION.

J. S. MACLAREN, District Officer, Southern District.

14th January, 1932.

DISTRICT OFFICE, TAI PO.

No. S. 25.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 3rd day of February, 1932.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $6,250, $250 and $250 respectively.

―

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D.

Lot.

Contents in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

6 1172

Tai Po Old Market.

As per plan deposited in the 10,500 sq. ft. 1050

District Office, North.

25.00

295

Tung Sam Ki.

325

.50

325

.50

SPECIAL CONDITION TO LOT No. 1.

The blue area to be brought up to level to the satisfaction of the District Officer, North.

12th January, 1932.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI Po.

　　No. S. 26.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 4th day of February, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 and 2 as Building Lots and Lots Nos. 3 to 5 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification. No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Lots Nos. 3 to 5 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notifica-

tion.

　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $500 and $250 respectively.

―

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D.

Lot.

Contents in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

6 1172

Tai Po Old Market.

As per plan deposited in the 10,500 sq. ft. 1050

District Office, North.

25.00

295

Tung Sam Ki.

325

.50

325

.50

SPECIAL CONDITION TO LOT No. 1.

The blue area to be brought up to level to the satisfaction of the District Officer, North.

12th January, 1932.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI Po.

　　No. S. 26.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 4th day of February, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 and 2 as Building Lots and Lots Nos. 3 to 5 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification. No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Lots Nos. 3 to 5 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notifica-

tion.

　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $500 and $250 respectively.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Contents

Annual

Upset

Locality.

Crown

Acres, or Price.

Rent.

No. D. D. Lot.

Square feet.

feet.

feet. feet. feet.

1 131

794

Yeung Siu Hang.

As per plan deposited in the District Office, North.

800 sq. ft.

1.00 ·

ลง

123

1511

Wang Chau.

372

*50

103

675

Kau Po.

*02 acre.

•10

→

678

948

*03

•10

*05

· 10

12th January, 1932.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI Po.

No. S. 27. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 3rd day of February, 1932.

The Lots are let for the term of One year from the 1st day of January, 1932, as Agricultural Lots. Lots Nos. 1 and 2 are subject to Special Condition hereunder speci-

fied.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents in Acres.

Price.

Annual Upset Crown

Rent

Registry No.

Locality.

No. D. D.

Lot.

feet. feet. feet. feet.

3749

Liu Pok.

As per plan deposited in the District Office, North.

.70 acre.

Nil.

1.40

1139

4634

Fan Ling.

5:35

10.70

.10

.40

SPECIAL CONDITION TO LOTS Nos. 1 AND 2.

　　　　The Lessee shall construct and maintain a bund on the river side of each Lot to the satisfaction of the District Officer, North.

12th January, 1932.

T. MEGARRY,

District Officer, North.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Contents

Annual

Upset

Locality.

Crown

Acres, or Price.

Rent.

No. D. D. Lot.

Square feet.

feet.

feet. feet. feet.

1 131

794

Yeung Siu Hang.

As per plan deposited in the District Office, North.

800 sq. ft.

1.00 ·

ลง

123

1511

Wang Chau.

372

*50

103

675

Kau Po.

*02 acre.

•10

→

678

948

*03

•10

*05

· 10

12th January, 1932.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, TAI Po.

No. S. 27. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 3rd day of February, 1932.

The Lots are let for the term of One year from the 1st day of January, 1932, as Agricultural Lots. Lots Nos. 1 and 2 are subject to Special Condition hereunder speci-

fied.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents in Acres.

Price.

Annual Upset Crown

Rent

Registry No.

Locality.

No. D. D.

Lot.

feet. feet. feet. feet.

3749

Liu Pok.

As per plan deposited in the District Office, North.

.70 acre.

Nil.

1.40

1139

4634

Fan Ling.

5:35

10.70

.10

.40

SPECIAL CONDITION TO LOTS Nos. 1 AND 2.

　　　　The Lessee shall construct and maintain a bund on the river side of each Lot to the satisfaction of the District Officer, North.

12th January, 1932.

T. MEGARRY,

District Officer, North.

DISTRICT OFFICE, Tai Po.

　　No. S. 28. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.in., on Thursday, the 4th day of February, 1932.

　　The Lots are let for the term of One year from the 1st day of January, 1932, as Agricultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in Acres.

Upset

Annual

Crown

Price.

Rent.

Locality.

No. D. D. Lot.

feet.

feet. fect. feet.

376

Wong Ka Wai.

As per plan deposited in the District Office, North.

.03 acre.

Nil.

.02

}}

.03

.05

8888

.04

.01

.60

.02

.03

888888

.02

.01

12th January, 1932.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

　　No. S. 29.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Re-instatement of Government Retaining Walls-Wall at Jardine's Corner, Peak ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 26th day of January, 1932. This contract comprises the taking down of about 40 lineal feet of retaining wall and rebuilding in cement concrete with rubble facework and all other necessary drainage and contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office. The Government does not bind itself to accept the lowest or any tender.

15th January, 1932.

HAROLD T. CREASY,

Director of Public Works.

No. S. 30.

NOTICE TO MARINERS.

No. 2 of 1932.

Until further notice a hydrographical survey will be carried out within the following area.

Bounded to the North by Lat.

22° 18.1' N.

South by Hong

Kong Coast Line,

East by Long.

114° 10' E.

West by Long.

114° 9' E.

　　　The survey will be conducted in a series of squares whose sides will run N. and S. E. and W.

　　　Corners of squares will be marked by sampans flying red flags. Sampans with red flag will also be stationed at intervals along two of the sides.

Shipping is prohibited from passing between the sampans flying a red flag.

Hong Kong, 15th January, 1932.

G. F. HOLE,

}

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 482.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Teakwood Motor Launch", will be received at the Colonial Secretary's Office until Noon of Monday, the 18th day of January, 1932, for construction of teakwood motor launch fitted with 6-9 H.P. Kelvin Sleeve Valve Engine and marine equipment. The boat shall be built to the following dimensions:-

Length overall... Extreme breadth...

Depth moulded

26 feet.

For form of tender, specification and further particulars apply at this Office or to the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

The work must be carried out to the satisfaction of the Government Marine Sur-

veyor.

11th December, 1931.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Orders and First General Meeting of Creditors.

No. 20 of 1931.

Re Hsu Sun Pak of No. 2, Stafford Road, Kowloon Tong, in the Colony of Hong Kong, and carrying on business as the Wai Lum firm at No. 334, Des Voeux Road West, Victoria, Hong Kong.

Petition dated the 19th day of December, 1931. Receiving Order dated the 14th day of January, 1932.

NOTICE is hereby given that Monday,

the 25th day of January, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at e Official Receiver's Office, Victoria, Hong ong.

KNO Creditor can vote unless he previously

oves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during the office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 14th day of January, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

NOTICE.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 19 of 1931.

Notices of Adjudication and Appointment of Trustee.

ΤΗ

Re To Po Wan alias To Sik Pan of No. 130, Apliu Street, (1st floor), Sham- shuipo in the Dependency of Kow- loon and Colony of Hong Kong.

HE above-named To Po Wan alias To Sik Pan, was adjudicated bankrupt on the 14th day of January, 1932, and the Official Receiver was appointed Trustee of the estate of the bankrupt.

No. 21 of 1931.

Re Stanley Greenwood, of 14 Essex Crescent. Kowloon Tong, in the Dependency of Kowloon and Colony of Hong Kong.

adjudicated bankrupt on the 14th day THE above-named Stanley Greenwood, was

of January, 1932, and the Official Receiver

In the Matter of the Companies Ordin.

ance, 1911.

and

In the Matter of Globe Fook_Cheong Electric Supply Company, Limited.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given in pursuance of Section No. 181 of the Companies Ordinance 1911 that a Meeting of the Creditors of the above-named Company will be held at the Offices of Messrs. Russ & Co., Solicitors for the Liquidator, No. 6, Des Vœux Road Central, January, 1932, at 3.00 o'clock p.m. for the Victoria, Hong Kong, on Friday, the 22nd

purpose in that Section prescribed.

Dated the 13th day of January. 1932.

IP KAM SHING, Liquidator.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

to Section 16 of Ordinance No.

was appointed Trustee of the estate of the PURSUANT, asciended by Section 6 of

bankrupt.

Dated the 15th day of January, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION

In the Goods of Alice Matilda Hamilton, late of 7, Queen's Parade, Chelten- ham, in the County of Gloucester in the United Kingdom, Widow, de- ceased.

PURSUANT TO, Section 16 of Ordinance No. NOTICE is hereby given that the Court

Ordinance No. 19 of 1913, I, the undersigned, HENRIQUE ALBERTO DE BARROS BOTELHO of Victoria, in the Colony of Hong Kong, whose place of service is David House, 1st floor, Des Voeux Road Central, Victoria aforesaid, and who am under Articles of Clerkship to Mr. Leo. D'Almada e Castro of David House, aforesaid, Solicitor, hereby give notice that it is my in- tention at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 15th day of January, 1932.

H. A. DE BARROS BOTELHO.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Carmen Rolker late of Shanghai in the Republic of China, Deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of Probate

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 6th day of January, 1932.

DEACONS,

Solicitors for the Executrixes, No. 1, Des Vœux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of Lim Kee Tey sometime

OTICE

known as Lim Kee Tye or Kee Tye formerly residing at No, 38, Carlton Street Carlton in the State of Vic- toria and trading as Lim You but late of No. 335, Nathan Road, 2nd floor, Kowloon in the Dependency of Kowloon and Colony of Hong Kong, Timber Merchant, Deceased.

Ordinance 1897, made an Order limiting the NTF is hereby given that the Court has

time for creditors and others to send in their claims against the above estate to the 12th day of February, 1932.

　　　　All Creditors and Others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 13th day of January, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executrix,

Prince's Building, Ice House Street,

Hong Kong.

ance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 12th day of February, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 13th day of January, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrators, Prince's Building, Ice House Street, Hong Kong.

Ordinance No. 19 of 1913, Wan-Hing Young whose place of residence for the last twelve months has been No. 13, Morrison Hill Road, Victoria in the Colony of Hong Kong, and who served his Articles of Clerkship to the late Mr. Leo Longinotto, deceased, Victoria afore- said, Solicitor, and subsequently to Mr. A. el Arculli, Victoria aforesaid, Solicitor, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examination and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 18th day of December, 1931.

W. H. YOUNG.

(FILE No. 417 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that The Shiu Wah Knitting Mill, of Nos. 351-355, Lai Chi Kok Road, Kowlcon, in the Colony of Hong Kong, Manufacturers, have, on the 11th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark:

厰織秘

無註

香

衫線牌羊吉

in the name of The Shiu Wah Knitting Mill, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith, in respect of the following goods :-

Singlets, in Class 38. Dated the 18th day of December, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 94 OF 1931)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that Reiss, Massey & Co., Ltd., of No. 7, Queen's Road Central, Victoria, in the Colony of Hong Kong, have, on the 25th day of March, 1931, applied for the registration of the Accompanying Trade Marks :-

(1)

(2)

(3)

(4)

܀܀܀܀

(5)

(6)

(7)

(8)

(9)

( 10 )

(11)

( 12 )

( 13 )

( 14 )

品牌船編號公司

NEISS BROS.L

MANCHESTER.

籽辈和春

REISS MASSEY&COLUP

in the name of Reiss, Massey & Co., Ltd., who claim to be the Proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Yarns,

Wool, Worsted or Hair in Class 33.

Dated the 15th day of January, 1932.

REISS, MASSEY & CO., LTD.

(FILE No. 433 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four

Trade Marks.

OTICE is hereby given that The Hip Wo Drug Company of No. 79, Tai Ping Road, South, Canton, in the Republic of China, have, on the 24th day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :---

(1) (2) (3)

神國丈

仙母夫水丸丸

(4)

in the name of the said Hip Wo Drug Company,

who claim to be the sole proprietors thereof.

Such Trade Marks have not hitherto been

used by the Applicants, but it is their inten-

tion to use the same forthwith in respect of use in Chemical substances prepared for medicine and pharmacy in Class 3.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Chater Road,

Hong Kong.

(FILE NO. 438 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Chan Chun Lan Firm, of No. 103, Queen's Road Central, Hong Kong, Tea and Tobacco Mer- chants, has, by application dated the 29th day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :----

(FILE No. 391 of 1931) TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Marks.

OTICE is hereby given that The Ngai N Sang Knitting Company of No. K... 2402, Nullah Road. of Kowloon, in the Colony of Hong Kong, have, on the 18th day of Novem- ber, 1931, applied for registration of the follow- ing Trade Marks, viz:-

造職生藝港香

標商

鏡里千

造鐵生藝港香

-TH

生生

標牌生雙商

in the name of the said Ngai Sang Knitting Company, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants forthwith in Class 38 in re- spect of singlets.

Facsimiles of such Trade Marks can be seen at the office of the Registrar of Trade Marks.

Dated the 15th day of January, 1932.

THE NGAI SANG KNITTING CO., No. K.I.L. 2402, Nullah Road, Mongkok, Kowloon.

(FILE No. 443 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that The Pakley

Knitting Company of No. 14, Cheung Lok Street, Yaumati, Kowloon, Hong Kong, Knitting Manufacturers, have on the 31st day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

牌角六

TRADE

✡

MARK

司公造纖利及

紙煙捲澂幼國中

今公造繊利店

in the name of Chan Chun Lan Firm, who

claim to be the sole proprietors thereof.

　　　　The Trade Mark has been used by the ap- plicants in respect of Cigarette Paper in Class 39 since May, 1931.

The Trade Mark is registered with limitation of colours shown in the representation on the form of application for registration.

　　　　Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 15th day of January, 1932.

CHAN CHUN LAN FIRM, No. 103, Queen's Road Central, Hong Kong,

A pikcorts.

商

响

螺

K BE

KEE

汽

球

in the name of The Pakley Knitting Company, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by the applicants in respect of Singlets, woollen singlets, underwears and hosiery in Class No. 38.

Dated the 15th day of January, 1932.

THE PAKLEY KNITTING

COMPANY,

No. 14, Cheung Lok Street, Yaumati, Hong Kong, Applicants.

(FILE No. 372 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Nestle and

N Anglo-Swiss Condensed Milk Company

company incorporated according to the laws of Switzerland) of Cham and Vevey, Switzerland and St. George's House, 6 and 8 Eastcheap, London E.C., England, Manufac- tures, have, on the 21st day of September, 1931, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Trade Mark:-

STANDING DOLL BRAND

公

嘜

in the name of Nestle and Anglo-Swiss Con- densed Milk Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The said Trade Mark is to be associated with Trade Marks Nos. 148A and 148в of 1896 and 74 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

DEACONS, Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 373 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The British Leather Cloth Manufacturing Co., Ltd., of 70, Spring Gardeus, Manchester, Lancashire, England, Manufacturers have on the 3rd day of September, 1931, applied for the registration

in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

REXINE

in the name of The British Leather Cloth Manufacturing Co, Ltd., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants since the year 1909 in respect of :-

Leather Cloth in Class 36.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of November, 1931.

DEACONS,

Soticitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 381 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby give that Courtaulds,

Limited of 16, St. Martin's-le-Grand, London, England, Spinners and Manufacturers have on the 6th day of August, 1931, applied

registration in

for

(FILE No. 338 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Oi Shing

(FILE No. 359 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTIC

OTICE is hereby given that David Sas- soon & Co. Ltd. of No. 8A, Des Voeux Road Central, (first floor), Victoria, in the Colony of Hong Kong, have, on 14th day of October, 1931, applied for the registration in

Register of Trade Marks of the following N Knitting Factory of Nos. 195-204, Tung Hong Kong in the Register of Trade Marks, of

Trade Marks :-

VISCACELLE

SERACELLE

in the name of Courtaulds, Limited who claim

to be the sole proprietors thereof.

The Trade Marks have not hitherto been used by the Applicants but it is their intention

to use same forthwith in respect of :-

Transparent paper (except paper hang-

ings) in Class 39 and in respect of Cellulose in sheets included in Class 50.

　　　　　　　　　Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 18th day of November, 1931.

DEACONS,

Solicitors for the Applicants,

1. Des Voeux Road Central, Hong Kong.

(FILE No. 387 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that the Man Hing Knitting Company of Nos. 121-122, Yee Kuk Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong have on the 12th day of November, 1931, applied for

the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz :-

司公造織興民

標商妹

G VISA

in the name of the Man Hing Knitting Com- pany, who claim to be the proprietors thereof The Trade Mark is intended to be used by the applicants in Class 38 in respect of articles of clothing.

Dated the 20th day of November, 1931.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

Choi Street, Mongkok, Kowloon, Hong Kong, have on the 13th day of Novomber, 1931, applied for registration in Hongong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

牌壽雙

.NADE

MARK

(2)

牌頭獅

TRADE

MARK

(3)

MARK

in the name of Oi Shing Knitting Factory, who claim to be the sole proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Singlets and Hosiery in Class 38.

Representations of the Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 17th day of November, 1931.

OI SHING KNITTING FACTORY,

Nos. 198-204, Tung Choi Street, Mongkok, Kowloon,

Hong Kong, Applicants.

the following Trade Marks:-

選

压

麵

粉

(1)

牌仙劍

造案大

(2)

選

庄

靚

麵

粉

牌审飛

沙

洋

行

舊

沙

宣

行

造家大拿加在

in the name of the said David Sassoon & Co. Ltd. who claim to be the sole proprietors thereof.

Such Trade Marks have not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Flour in Class 42.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 20th day of November, 1931.

DAVID SASSOON & CO. LTD.

A. H. COMPTON.

Manager.

No. 8A, Des Voeux Road Central.

Hong Kong.

(FILE No. 352 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Arthur Hum- bert, Francis Humbert Taylor, Charles Dingwall Williams, Charles Francis Morten Humbert and Herbert Henry Winterbottom trading together as Williams & Humbert of 39 Crutched Friars, London, England, have on the 17th day of August, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

DRY SACK

in the name of the said Arthur Humbert, Francis Humbert Taylor, Charles Dingwall Williams, Charles Francis Morten Humbert and Herbert Henry Winterbottom trading together as Williams & Humbert, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Sherry Wine in Class 43.

Dated the 20th day of November, 1931.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 31.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

22nd January, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 32.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements."

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

22nd January, 1932.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301,

W. T. SOUTHorn,

Colonial Secretary.

LICENSING SESSIONS.

MAGISTRACY.

No. S. 33.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Wednesday, the 3rd day of February, 1932, at 3 p.m., at which the following applications will be considered under the Liquors Ordinance of 1931 :-

No.

Names of Applicants..

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant has held a licence to sell liquor in the Colony and, if so, for how long.

Ho Sit Yue.

Yae Miyajima

Lam Kam Wun

David Gabruiler

Raku Akiyoshi

Hotel keeper's Adjunct Licence.

Restaurant keeper's Adjunct Licence.

Hotel keeper's Adjunct Licence.

Prince's Cafe

K. I. L. 1726 Nullah Road, Kowloon..

Fukuzumi Hotel.

4 Ashley Road, ground floor, Kowloon

Suyehiro

45 Haiphong Road, 2nd floor, Kowloon..

Restaurant keeper's Adjunct Licence.

Restaurant keeper's Adjunct Licence,

Hennessy Cafe

39 Hennessy Road, ground floor.

David's Cafeteria

15 Hankow Road, corner of Peking Road, Kowloon

20th January, 1932.

4 years

3 years.

D. M. MACDOUGALL, Secretary to the Licensing Board.

POLICE DEPARTMENT.

TRAFFIC REGULATIONS DURING THE RACES.

　　　　No. S. 34.-It is hereby notified that on the days fixed for the Races at Wong- Nei-Chong, the following Regulations, under Ordinance No. 2 of 1869, will be in

force :-

I.-All Vehicles going to the Races at Wong-Nei-Chong will proceed via Arsenal Street, Hennessy Road, Percival Street, Leighton Hill Road and round the Happy Valley via Wong-Nei-Chong Road to the entrance gates.

　Vehicles will return to town via Morrison Gap Road and Queen's. Road East. These arrangements will be in force between 11 a.m. and 7 p.m. II.-Passengers will alight from and board Tramcars and Buses at:- (1) the

main Public entrance gate and (2) the members entrance gate only. III.-Trucks and persons carrying large burdens will not be permitted West of Percival Street or East of Murray Road between the hours of 10 a.m. and 7 p.m.

IV. - Pedestrians must walk on the footpaths, and not on the Roadway.

V.-Vehicles must proceed at a slow speed in the vicinity of the Race Course. VI.-Vehicles will be parked in the vicinity of the Race Course as directed by the

Police on duty.

VII.-Dogs are not allowed on or near the Race Course. Any dog found straying is liable to be destroyed (Ordinance 1 of 1845, section 16 sub-section 3). NOTE. - There will be one way traffic only in Queen's Road East from the Monument to Arsenal Street from 11 a.m. to 7 p.m. The one way traffic will run from East to West.

Vehicles proceeding up Stubbs Road will proceed via Arsenal Street, Johnstone Road, (Old Praya East), Wanchai Road, Morrison Hill Road and Morrison Gap Road. :

E. D. C. Wolfe, Inspector General of Police.

16th January, 1932.

HARBOUR Department.

　　　　No. S. 35. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to Boiler, etc., of No. 6 Police Launch ", will be received at the Colonial Secretary's Office until Noon of Friday, the 5th day of February, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor,. and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

}

G. F. HOLE,

Harbour Master, &c.

22nd January, 1932.

HARBOUR DEPARTMENT.

No. S. 36. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Repairs to No. 9 Police Launch", will be receiv- ed at the Colonial Secretary's Office until Noon of Friday, the 12th day of February, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30.00 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

21st January, 1932.

Harbour Master, &c.

DISTRICT OFFICE, SOUTH.

No. S. 37. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Tuesday, the 2nd day of February, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Square feet.

Price.

Upset Crown

Rent.

Tsun Wan Demarcation District

No. 451. Lot No. 1206.

Lo Wai.

6,400

Subject to readjustment as

provided by the

Conditions of

Sale.

.20

22nd January, 1932.

J. S. MACLAREN, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

　　　No. S. 38.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Tuesday, the 2nd day of February, 1932.

　　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Let, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,300.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Annual

Upset

Crown

Square feet.

Price.

Rent.

€0-

Tsun Wan Demarcation District

No. 451

Lot No. 1205.

Lo Wai.

22nd January, 1932.

1,600

Subject to readjustment as provided by the

Conditions of Sale.

J. S. MACLAREN,

District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

No. S. 29.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Re-instatement of Government Retaining Walls - Wall at Jardine's Corner, Peak", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 26th day of January, 1932. This contract comprises the taking down. of about 40 lineal feet of retaining wall and rebuilding in cement concrete with rubble facework and all other necessary drainage and contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

15th January, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 23 of 1928.

Notices of Intended Dividend.

Re Hau Pak Yan alais Ah Hau, of the

Dragon Motor Car Company, Limit- ed, Happy valley, in the Colony of Hong Kong, Fitter.

Fourth and final dividend is intended to

A and finale matter of the above-

named debtor adjudicated bankrupt on the 3rd day of January, 1929.

　　　Creditors who have not proved their debts by the 22nd day of Februay, 1932, will be ex- cluded.

No. 16 of 1931,

Re The Lee Sai Navigation Co. of No. 281, Des Vœux Road Central, (3rd floor), Victoria, in the Colony of Hong Kong and Leung Hon Lai the managing partner thereof.

First and final dividend is intended to be dec.ared in the matter of the above- named debtor firm adjudicated bankrupt on the 15th day of December, 1931.

　　　Creditors who have not proved their debts by the 22nd of February, 1932, will be excluded.

Dated the 21st day of January, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION

In the Goods of Theodore John Hubert Schmitz, of "Thorncliffe" Niton, Isle of Wight, England, deceased.

NOTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance, No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 17th day of February, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 19th day of January, 1932.

DEACONS,

Solicitors for the Executors,

No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 427 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Bradford Dyers' Association, Limited, of 39, Well Street, Bradford, Yorkshire, England, an As- sociation of Dyers and Finishers, have on the 6th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"RIGMEL" BRAND

B.D.A.

in the name of The Bradford Dyers' Associa- tion, Limited, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-

Cotton Piece Goods in Class 24.

The said Trade Mark is to be associated with Trade Marks Nos. 226 of 1919 and 6 of 1922.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

(FILE No. 15 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that William N° Street, Victoria, in the Colony of Hong Kong, Meyerink and Company of 12, Pedder

have, on the 12th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

་

(FILE No. 274 or 1931) TRADE MARKS ORDINANCE, 1909.

Appllication for Registraion of a Trade Mark.

NOTICE is hereby given that The Middle-

wich Salt Company, Limited of Sandbach Road, Middlewich, Cheshire, England, Salt Manufacturers, have on the 26th day of June, 1931, applied for the registration in Houg Kong, in the Register of Trade Marks of the following Trade Mark :---

MIDDL

IDDLEWICH

SALT COL

HITCH

WICH ENGLAND

MIDDLEWICH

in the name of The Middlewich Salt Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The Applicants disclaim the right to the exclusive use of the words "Middle Witch' appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 429 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that William & Company, Limited, of Castle Boulevard, Nottingham, Nottinghamshire, Eng- land, Woollen and worsted spinners, have on the 10th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

DAY &

NIGHT

WEAR

NOTICE.

OTICE is hereby given that the goodwill

stock in trade furniture and fixtures of the business of curio dealers carried on under the name of "Nishida" at Nos. 26 & 28, Hennessey Road, Victoria, Hong Kong, was by an Indenture dated the 20th day of January, 1932, assigned to me by Tokio Nishida the proprietor of the said curio store to the under- signed.

　　　　The said Tokio Nishida will be responsible for all debts due from him in respect of the said business prior to the 20th January, 1932.

Hong Kong, 21st January, 1932.

Vendor

TOKIO NISHIDA,

Parchaser

TSUNAHACHI KATAYAMA

in the name of William Meyerink and Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in Class 35 in respect of :-

Woollen and worsted and hair goods not

included in Class 33 and 34.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

WILLIAM HÖLLIN TYCO. LI

in the name of William Hollins & Company, Limited, who claim to be the sole proprietors

thereof.

The Trade Mark has been used by the Ap- plicats in respect of :-

Cloths and stuffs of wool, worsted or hair in Class 34 and in respect of Articles of Clothing in Class 38.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

(FILE No. 9 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that W. F. Young Inc. of 75 Temple Street and 273, State Street, Springfield, County of Hampden, State of Massachusetts, U.S.A., have by an applica-

tion dated the 17th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

阿

平

脚

癬

药

水

in the name of the said W. F. Young Inc., who claim to be the proprietors thereof.

　　　　　　The above Mark is intended to be used by the Applicants in respect of Antiseptic toilet soap in Class 3.

　　　　　　The Applicants disclaim the right to the exclusive use of the Chinese characters

(脚癬藥水)

Dated the 22nd day of January, 1932.

GEO. K. HALL BRUTTON & CO.,' Solicitors and Agents for the Applicants.

(FILE No. 13 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Pro-phy-

lac-tic Brush Company of Florence Station, Northampton, County of Hampshire, State of Massachusetts, U.S.A., have by, an application dated the 13th day of October, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

MASSO

in the name of the said Pro-phy-lac-tic Brush Company, who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of Tooth Brushes in Class 50 since 1928

The above mark is associated with Trade Mark No. 18 of 1929.

Dated the 22nd day of January, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the

Applicants.

(FILE No. 16 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE.

OTICE is hereby given that by an Agree- ment dated the 17th day of January, 1932 and made between Wong Yiu Po

(甫耀黃) and Fung Ming Kwan

NOTICE is hereby given that The Monkeland Victoria, in the Colony of Hong Kong, Mer- OTICE is hereby given that The Monkgland) both of No. 27, Graham Street,

(Registered) Wine Company, Limited, of King's Building, Victoria, in the Colony of chants, of the one part and Ng Hip ( Hong Kong, have on the 7th day of January, Hong Kong, have on the 7th day of January, and Li Tsz (2) both of No. 6, Cadogan 1932, applied for the registration in Hong Kong, of the accompanying Trade Mark :-

MONEZLNO

(REG.TRADE MARK)

in the name of the said Monkgland (Registered) Wine Company, Limited, who claim to be the proprietors thereof,

The above Trade Mark has already been used by the Applicants in respect of Chemical sub- stances prepared for use in medicine and pharmacy in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of January, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

THE HONG KONG LAND INVESTMENT AND AGENCY COMPANY, LIMITED.

OTICE is hereby given that the FORTY- FOURTH RDINARY GENERAL MEETING of SHAREHOLDERS in this Company will be held at the Offices of Messrs. Jardine, Matheson & Co., Ltd. on Tuesday, 16th February, 193', at Noon for the purpose of receiving the Report of the Directors together with the Statement of Accounts for the year ending 31st December, 1931.

The Register of Shares of the Company will be Closed from Thursday, the 28th January to Tuesday, 16th February, both days inclusive, during which period no transfer of shares can be registered.

By Order of the Board of Directors,

L. S. GREENHILL,

Secretary.

Hong Kong, 19th January, 1932.

IN THE SUPREME COURT OF HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

PUR 1871, as amended by Section 6 of

Ordinance No. 19 of 1913. I, the undersigned, HENRIQUE ALBERTO DE BARROS BOTELHO of Victoria, in the Colony of Hong Kong, whose place of service is David House, 1st floor, Des Voeux Road Central, Victoria aforesaid, and who am under Articles of Clerkship to Mr. Leo. D'Almada e Castro of David House, aforesaid,

Solicitor, hereby give notice that it is my in

tention at the expiration of one month from

the date hereof to apply for my examination

and admission as a Solicitor of the Supreme

Court of Hong Kong.

Dated the 15th day of January, 1932.

H. A. DE BARROS BOTELHO.

)

Street, Victoria aforesaid Merchants of the other part the said Wong Yiu Po and Fung Ming Kwan agreed to sell to the said Ng ip and Li Tsz for the consideration therein mentioned all that the goodwill and assets excluding book-debts of the business now carried on by the said Wong Yiu Po and Fung Ming Kwan at the said address No. 27, Graham Street, and known as the Ki Nga Hing Kee Firm

() and that the nature of

the business carried on and to be carried on by the said Ng Hip and Li Tsz is that of a Printer AND NOTICE IS FURTHER GIVEN that the said Ng Hip and Li Tsz intend to carry on the business of the Ki Nga Hling Kee firm at the said address No. 27, Graham Street, Victoria aforesaid AND THAT the debts of the said business of the Ki Nga Hing Kee firm up to and includ- ing the 18th day of February, 1932 are by the said Agreement to be paid by the said Wong Yiu Po and Fung Ming Kwan.

Dated the 18th day of January, 1932.

LI GIE.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

PURSU of 1871, as amended by Section 6 of

Ordinance No 19 of 1913, Wan-Hing Young whose place of residence for the last twelve months has been No. 13, Morrison Hill Road, Victoria in the Colony of Hong Kong, and who served his Articles of Clerkship to the late said, Solicitor, and subsequently to Mr. A. el Mr. Leo Longinotto, deceased, Victoria afore-

Arculli, Victoria aforesaid, Solicitor, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examination and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 18th day of December, 1931.

W. II. YOUNG.

白告股退承

一退等師切一兆公啓九股情樓權九彛記者三人與交利-佔書荷二無承易頂二有局理年涉股清與年股原活元特人楚呂元份日道退承月此無該次月拾門股股,聲涉退農!股瑞牌人人八明日股承八茲慶一號以後人受號因堂百 PA 40K*W 兆次後意有在該圖譚十彞華農論盈華高股別兆六虧洋露份業華號槪轉雲及經及從與轕狀一於譚新

(FILE NO. 410 of 1931, T.M.)

TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Two Trade Marks.

OTICE is hereby given that Ip Tak and Company of No. 6, Queen's Road Central, Victoria, in the Colony of Hong Kong, Importers and Exporters, have, on the 30th day of November, 1931, and the 1st day of December, 1931, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, namely:---

(1)

(2:

(FILE No. 411 OF 1931)

THE TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ling Chee Hong Kong, Merchants, have, on the 4th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

Yeuk Fong of No. 44, Wing Lok Street

行洋德協

協德洋

上等洋紙

牌

牒葉紅

in the name of the said Ip Tak and Company, Importers and Exporters, who claim to be the proprietors thereof.

The above Trade Mark, No. 1, has been used by the Applicants, in respect of Paper in Class 39 since eighteen months ago and Trade Mark, No. 2, since August, 1931.

　　　　　Facsimiles of the above Trade Marks can be seen at the offices of the Register of Trade Marks, and also of the undersigned.

Dated the 24th day of December, 1931.

A. E. HALL AND COMPANY,

Solicitors for the Applicants,

Pedder Building,

Hong Kong.

(FILE No. 326 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Colgate-Palmolive-Peet Company of No. 919 North Michigan Avenue, Chicago, Illinois, United States of America, Manufacturers have on the 24th day of August, 1931, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

爲

in the name of Ling Chee Yeuk Fong, who claim to be the proprietors thereof.

The Trade Mark has been used by the applicants, Ling Chee Yeuk Fong, in respect of Medicinal powder known as Sap Ling Tan in Class Three since the last past nine years.

Representations of the Trade Mark are de-

posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of December, 1931.

LING CHEE YEUK FONG,

Applicants.

(FILE No. 412 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that Min Ngaj Knitting Co., of No. 32, Fook Chuen Street, Taikoktsui, Hong Kong, have, on the 27th day of November, 1931, applied for registra-

tion in Hong Kong, of the "ccompanying Trade Marks, in class 38 in respect of socks, stockings, singlets, shirts and all other knitted articles of clothing:-

(1)

案

¡TRACE MAR

}

(2)

　　in the name of Colgate-Palmolive-Peet Company who claim to be the sole proprietors thereof.

　　　　　The said Trade Mark has been used by the Applicants in respect of Talc Powder in Class 48 since 1919.

Facsimiles of the said Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of December, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

in the name of the said Min Ngai Knitting Co., who claim to be the proprietors thereof.

The above Trade Marks have 1ot hitherto been used by the Applicants but it is their intention to use them forthwith.

The above Trade Mark No. 1 shown above is to be associated with Trade Mark No. 52, of 1925 and Trade Mark No. 2 shown above is to be associated with Trade Mark No. 186 of 1929. Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of December, 1931.

WILKINSON & GRIST, Agents for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE NO. 394 of 1931) HONG KONG TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ho Tit Yin

Druggist Store of No. 223, Queen's Road. Central Victoria, Hong Kong, have on the 19th day of November, 1931, applied for the registra- tion, in Hong Kong of the accompanying Trade Mark:-

房藥大言鐵何

(FILE No. 176 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby that the Wing On Company, Limited of Nos. 207-225, Des Voeux Road Central, Victoria, Hong Kong, have on the 27th day of May, 1931, applied for the registration, in Hong Kong, in the Register of Trade marks, of the following Trade Mark, viz :-

(FILE No. 395 1931) TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark,

OTICE is hereby given that The Wing

Fung Hong of No. 171, Des Vœux Road Central, Hong Kong, have on the 20th day of November, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

RADE MARK

言鐵何

相

徹癩癬膚皮

in the name of the said Ho Tit Yin Druggist Store, who claim to be the proprietors thereof.

　　　　　　　　The above Trade Mark is to be used by the Applicants in respect of :-

　　　　　　　　　　　Medicated articles in Class 3. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of November, 1931.

NOTICE

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

in the name of the said Wing On Company, Limited, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class respectively, viz:

Flour in Class 42.

The Application is limited to Flour only.

Dated the 27th day of November, 1931.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE OF NO. 374 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that British-American Tobacco Company, Limited, of Westminster House, 7, Millbank, London, S. W. England, Tobacco Manufacturers, have, on the 25th day of September, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

in the name of The Wing Fung Hong, who claim to be the proprietors thereof.

Such Trade Mark has not hitherto been used but it is the intention of The Wing Fung Hong so to use it forthwith in respect of Batteries and Flashlight Torches in Class 8.

Facsimiles of such Trade Mark can be seen in the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of November, 1931.

THE WING FUNG HONG, No. 171, Des Voeux Road Central,

Hong Kong.

(FILE No. 396 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

OTICE is hereby given that The Shung

Ngai Knitting Factory of Nos. 90 to 96, Tung Choi Street, Kowloon, Hong Kong, have on the 21st day of November, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

(2)

造

(3)

藝

Embassy

W.D&H.O. Wills.

BRISTOL & LONDON

Trade

Mark

in the name of British-American Tobacco Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :---

Manufactured Tobacco in Class 45 since July, 1909.

A fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of November, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hana Kano

in the name of The Shung Ngai Knitting Factory, who claim to be the proprietors there-

of.

The Trade Marks are intended to be used by The Shung Ngai Knitting Factory forthwith in respect of Articles of Clothing in Class 38.

Representations of the Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Datad the 27th of November, 1931.

THE SHUNG NGAI KNITTING FACTORY, 90-96, Tung Choi Street,

Hong Kong,

Amnioanto

を

(FILE No. 383 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Dragon

Records Corporation of (7th floor), China Building, Hong Kong, have on the 7th day of November, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(FILE No. 413 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Allen Battery Company of No. 53, Queen's Road Central, in the Colony of Hong Kong, have on the 7th day of December 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

DRAGON

片唱

& DRAGONS

TION

PAGODA

NO2

~101

in the name of The Dragon Records Corpora- tion, who claim to be the proprietors thereof.

The above Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Gramo- phones and Gramophone Records in Class 8.

A representation of the above Trade Mark is deposited for inspection in the Office of the Registrar of Trade Marks.

The applicants disclaim the right to the exclusive use of the representation of a Gramo- phone Record.

Dated the 24th day of December, 1931.

THE DRAGON RECORDS CORPORATION,

7th Floor, China Building,

Hong Kong, Applicants.

THE ALLEN BATTERY CO

MADE IN VICTORIA

in the name of the said The Allen Bettery Com- pany, who claim to be the sole proprietors th reof.

The said Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric flashlight cells and batteries.

The Applicants disclaim the right to the exclusive use of the representative of a Battery and " No. 101."

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the Undersigned.

Dated the 24th day of December, 1931.

THE ALLEN BATTERY COMPANY,

No. 53, Queen's Road Central, Hong Kong.

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

the

LEGISLATIVE COUNCIL.

　　　　No. S. 39.-The following Bills were read a first time at a meeting of the Council held on the 28th January, 1932:-

C.S.O. 3154,36.

Short title.

Applica- tion.

Interpreta- tion

57 & 58 Vict.

c. 30, s.

22 (1).

Account.

Affidavit for the Commis- sioner.

Applicable Schedule.

Com- missioner.

Estate.

Estate duty.

Executor.

Incum- brances.

Interest in expectancy.

[No. 14.-22.1.32.-3.j

A BILL

INTITULED

An Ordinance to amend and consolidate the law

relating to Estate Duty

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 Ordinance, 1931.

2. This Ordinance shall apply in the case of every deceased person dying or who shall have died on or after the first day of January, 19:6; 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,

"Account" means an account of the particulars and value of the estate of a deceased person in such form as may be prescribed by the Governor in Council and verified by affidavit.

"Affidavit for the Commissioner" means an affidavit in such form as may be prescribed by the Governor in Council verifying the particulars and value of the estate of a deceased

person.

"Applicable Schedule" in the case of persons dying before the twenty-seventh day of February, 1931, means the Second Schedule to this Ordinance; and in the case of persons dving thereafter it means the First Schedule to this Ordinance.

"Commissioner" means the Treasurer or such other person as the Governor may 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 deemed to pass on the death of any person which is liable to estate duty.

"Estate duty" means estate duty under this Ordinance.

"Executor" means the executor or ad- ministrator of a deceased person and includes, as regards any obligation under this Ordinance, 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. prescribed by the Governor in Council under this Ordinance.

"Property" includes movable and immov- Property. 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 property passing either immediately on the passing death or after any interval, and either certainly on the death. or contingently, and either originally or by way of substitutive limitation, and "on the death" includes "at a period ascertainable culy by reference to the death".

"Settlement" means any non-testamentary Settle- disposition in writing, whether made voluntarily ment. 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,- 57 & 58 Vict A person shall be deemed competent to dispose c. 30, s. of property if he has such an estate or interest 22 (2). 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 n a fiduciary capacity under a disposition not made by himself or as mortgagee.

A disposition taking effect out of the interest of the deceased person shall be deemed 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.

Estate Duty 57 & 58 Vict. c. 30, s. 1.

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 Schedules. Provided that, where the principal value of an estate comprises 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 9 & 10 Geo. in any property has, before the twenty-seventh day 5, c. 32, of February, 1931, been bonâ fide sold or mortgaged s. 29. 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 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).

63 Viet.

c. 7, s. 11; 10 Edw. 7,

c. 8, s. 59.

44 & 45 Vict. c. 19.

70 101:

50% 5% Vict.

7 s 11:

58 Vict.

9/11: 10 Edw 7. c. 8, s. 59.

extent

men (6) property in which the deceased or any other person had an interest ceasing on the death of the deceased, to to which a benefit accrues or ari

by the cesser of such interest, and such property shall be deemed to pass on the death of the deceased notwithstanding 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 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, aud 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 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;

years

(c) property taken as a donatio mortis caust made by the deceased or taken under a disposition made by him, purporting to operate as an immediate gift inter vivos, whether by way of transfer, delivery, dec- laration of trust, or otherwise, which shall not have been bona fide made three before his death, or taken under any gift, whenever made, of which property bond fide possession and enjovment 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 appi? 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 mount of his income or to the circumstances, "c which in the case of any donce 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 44 & 45 Vict.

absolutely entitled, and which he has caused c. 12, to be transferred to or vested in himself s. 38 (2);

and any other person jointly, whether by 52 & 53 Vict. disposition or otherwise (including also any 57 & 58 Vict.

c. 7, s. 11; purchase or investment effected by the c. 30, deceased either by himself alone, or in s. 2 (1). 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 44 & 45 Vict.

settlement made by the deceased by deed c. 12, or any other instrument not taking effect 3. 38 (2); as a will, whereby an interest in such pro- c. 7,

52 & 53 Vict.

ex-

S. 11;

perty or the proceeds of sale thereof, for 57 & 58 Vict. life or any other period determinable by c. 30, reference to death is reserved, either s. 2 (1). 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 57 & 58 Viet,

provided by the deceased either by him- c. 30, self alone or in concert or by arrange- s. 2 (1). 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 25 & 26 Vict,

from persons in the Colony to any deceased c. 22, s. 39. 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 Trust pro- shall not be deemed to include property held by the perty. deceased as trustee for another person, under a dis- 57 & 58 Vict. position not made by the deceased

c. 30, or under a disposition made by the deceased more than three 10 Edw. 7,

S. 2 (3); years before his death where possession and enjoy- c. 8, s. 59. ment of the property was bonâ fide assumed by the 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

Exception to passing of pro- perty on enlarge- ment of interest of settlor.

59 & 60 Vict. c. 28, s. 14.

c. 28, s. 15.

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 for life, and after his death on any other person with

an ultimate reversion of an absolute interest or absolute power of disposition to the settlor, the property shall not be deemed for the purpose of this Ordinance to pass to the settlor on the death of any such other 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.

Reverter of

(4) (a) Where by a disposition of any property an property to interest is conferred on any person other than the disponer.

disponer for the life of such person or determinable on 59 & 60 Vict. 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.

Exceptions for transac- tions for

money con sideration, property situate out- side the Colony, shares on local registers and certain land in the New Terri- tories.

57 & 58 Vict. c. 30, s. 3.

Ordinance No. 58 of 1911, s. 35 (8) (b).

Ordinance

No. 34 of 1910.

(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---

(1) property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes nor in respect of the determination of any annuity for lives where such purchase was made or such annuity granted for full consideration in money or money's worth paid to the vendor or grantor for his own use or benefit. Where any such purchase was made, or annuity granted for partial consideration in money or money's worth paid to the vendor or grantor for his own use or benefit, the value of the consideration shall be allowed as a deduction from the value of the property for the purpose of estate duty;

(2) property situate outside the Colony;

(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 Officer 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 Aggregation paid on any property passing on the death of the of property deceased, all property so passing in respect of which to form one estate duty is payable shall be aggregated so as to purpose of form one estate.

estate for

estate duty. 57 & 58 Viet. c. 30, s. 4.

8.-(1) Estate duty shall be payable as hereinafter Payment of mentioned.

estate duty. 57 & 58 Vict. c. 30, s. 6.

(2) The executor of the deceased shall pay the Mode of estate duty in respect of all property, of which the payment. 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.

values.

(3) Where the executor does not know the amount Provision or value of any property which has passed on the for unknown 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.

(4) Estate duty so far as not paid by the executor Collection shall be paid by stamps affixed to an account setting from others forth the particulars of the property and delivered to than the Commissioner within six months after the death, executor. 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 account.

(5) Every estate shall include all income accrued Estate in- upon the property included therein down to and cludes outstanding at the date of the death of the deceased. accrued

income.

(6) Interest at the rate of four per cent. per Interest annum on the estate duty shall be paid from the date payable on of the death up to the date of the delivery of the estate duty. 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 Date wher an affidavit for the Commissioner or on an account, duty shall shall be due on the delivery thereof or on the expira- become tion of six months from the death, whichever first due. happens.

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 57 & 58 Viet.

expenses. per cent. of the ascertained value of the estate, which- c. 30 s.

7 (1).

Limitation on debts deductible

from value of estate.

10 Edw. 7, c. 8, s. 57.

Value of property.

57 & 58 Vict. c. 30 s.

7 (5). 10 Edw. 7, c. 8, s. 60.

ever is the smaller, and for debts and incumbrances, 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.

(2) Where a debt or incumbrance has been incurred or created in whole or in part for the purpose of or in consideration for the purchase or acquisition or extinction, whether by operation of law or otherwise, of any interest in expectancy in any property passing or deemed to pass on the death of a deceased person, 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 be estimated to be the price which, in the opinion of the Commissioner, such property would fetch if sold in the open market at the time of the death of the deceased.

(b) In estimating such principal value the Com- missioner shall 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- Interest in pectancy, estate duty in respect of that interest shall expectancy. be paid, at the option of the person accountable for 57 & 58 Vict. the estate duty, either with the duty in respect at c. 30 s. 7 (6). the rest of the estate or when the interest falls intɔ 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 sha'l 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 Benefit the cesser of an interest ceasing on the death of the arising from 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.

cesser of an interest.

57 & 58 Vict. c. 30, s.

7 (7).

of estate

(7) The value of any property for the purpose of Ascertain- estate duty shall be ascertained by the Commissioner men of in such manner and by such means as he thinks fit, value and, if he authorises any person to inspect any pro- duty. perty and to report to him the value thereof for the 57 & 58 Vict. purposes of this Ordinance, the person having the c. 30, s. custody or possession of that property shall permit 7 (8). the person so authorised to inspect it at such reason. able times as the Commissioner considers necessary.

(8) When the Commissioner requires a valuation tɔ Com- be made by a person named by him, the reasonable missioner costs of such valuation shall be defrayed by the to pay Commissioner.

costs

of valua- tion by his

pominee.

57 & 58 Vict. c. 30, S.

7 (9).

Ordinance

10. (1) The Commissioner shall have, in respect of Recovery proceedings for the recovery of estate duty and of of estate interest thereon and of any fine, penalty or forfeiture duty, etc. provided by this Ordinance, all the powers that are No. 6 of given to the Treasurer by the Crown Remedies Ordin- 1875, 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.

(2) In any proceedings for the recovery of any such Service. duty, interest, fine, penalty or forfeiture in respect of Exchequer any property passing on the death of any person on or Rules, after the first day of January, 1916, it shall not be 1860, r. 3. necessary to issue concurrent writs, informations or

Fower to appoint

receiver.

57 & 58 Vict. c. 30, s. 8 (13). Ordinance No. 3 of 1901.

other process.

Service of the writ, information or other process shail, where practicable, be personal; but the order of a judge may be obtained, under special circumstances, to dispense with personal 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 jurisdiction to appoint a receiver of the property and the rents and profits thereof and to order a sale of the 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.

Delivery of accounts of

property. 57 & 58 Vict. c. 30, s. 8 (3).

c. 30, s. 8 (4).

(4) Every executor shall, to the best of his know. ledge and belief, specify in appropriate accounts annexed to an affidavit for the Commissioner all the property in respect of which estate duty is payable upon the death of the deceased, and also (unless 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 decease.1 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.

Beneficiaries (5) Where property passes on the death of the and trustees deceased and his executor is not accountable for the accountable estate duty in respect of such property, every person for estate

to whom any property so passes

for any

beneficial duty. 57 & 58 Vict. interest in possession, and also to the extent of the property actually received or disposed of by him, every trustee, guardian, committee or other person 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 shad render a person accountable for duty who acts merely as agent for another person in the management of property.

Powers of inquiry. 57 & 58 Vict. c. 30, s 8 (5).

(6) The Commissioner may summon before him any person accountable for estate duty, and any person whom the Commissioner believes to have taken possession of or administered any part of the estate 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, and 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 .n relation to any such duty. Any such person shall 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 deem necessary without fee or reward. The Commissioner

}

may also require any such person to deliver to him and verny on oath a statement in writing of such particulars.

(7) Nothing in this section shall render a bonâ fide Protection purchaser for valuable consideration without notice of bonâ fide liable to or accountable for estate duty.

purchaser without notice.

57 58 Vict. c. 30, s.

8 (18).

delivered to the

(8) All affidavits and accounts required under Affidavits this section shall be delivered to the Commissioner, and accounts who shall make such inquiry respecting the contents to be of, or the particulars verified by, such affidavit oc accounts and the value of the various properties Commis- included therein as he thinks necessary, and the sioner. 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.

(9) When the Commissioner has ascertained the Final ascer- amount of estate duty payable in respect of any tainment of accounts delivered to him in pursuance of this Ordin- amount of ance he shall notify the accountable person of his

　　　　　　　　　　　　　　　　　　　　　　　estate duty. 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 to the Commissioner.

(10) In every case in which the Commissioner is Repayment satisfied that too much estate duty has been paid of excess the excess shall be repaid by him.

duty.

57 & 58 Vict. c. 30. s.

8 (12).

(11) Where the accountable person discovers that Duty to for any reason too little estate duty has been paid disclose he shall forthwith deliver to the Commissioner " liability further account, verified by oath, and shall at the to further same time pay the difference between the estate duty chargeable according to the true value of the estate and the estate duty already paid.

estate duty.

to further

(12) Where the Commissioner discovers that any Power to property which ought to have been disclosed by require affidavit or account has not been so disclosed he disclosure shall notify the accountable person and call upon hitu of liability to disclose such property and pay the estate duty 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 thereon.

(13) The Commissioner may remit the interest Power to payable on estate duty where the amount cf remit such interest is in his opinion so small as not repay the expense and labour of calculation and

account.

interest on estate duty

Penalties for breach of

(14) Every person who shall have been called upon after the lapse of one year from the death for original account, or at any time for a further account, foregoing under sub-section (12) and every person who withou: 57 & 58 Vict.

provisions. lawful authority or reasonable excuse fails to comply c. 30, s. with any of the provisions of this section shall be liable 8 (6). to pay to the Commissioner, in addition to the estate 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.

Probate not to be issued until estate duty paid.

When value

cannot be ascertained immediately

Deferred payment.

57 & 58 Vict.

30, s. 8 (9).

Increase of estate duty when delay in lodging affidavit.

Duty of

Executor

as to

unregistered shares.

11-(1) No probate or letters of administration shall be issued by the court until the Commissioner shall have certified in writing that the estate duty payable in respect of the estate has been paid or that he has allowed payment thereof to be postponed under sub-sections (2) and (3).

(2) When the affidavit for the Commissioner con- tains the statement and undertaking specified in section 8 (3), the Commissioner may allow payment 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 estate duty leviable in respect of any property cannot without excessive sacrifice be raised at once, he may allow payment to be postponed for such period, to 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 terms as the Commissioner may think fit.

(4) Where the Commissioner allows payment to be postponed under sub-section (2), he may reduce or remit any interest payable.

case

where any

account is

12.--(1) In every delivered after the lapse of twelve months from the death the estate duty shall be charged at three times the rates set out in the applicable Schedule; unless 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 shali be deemed to have been delivered until the duty which reasonably appears to be payable in respect thereof has been paid, unless the Commissioner shail have allowed payment of the estate duty in respect of the said account to be postponed.

13. (1) Every executor, within one. year after obtaining probate or letters of administration to the estate of a deceased person and before selling otherwise disposing of any shares in any company, 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.

(2) Every such company, notwithstanding any- 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 one thousand dollars.

(3) Every executor who without reasonable excuse omits to get any such shares as aforesaid registered

·within the time limit aforesaid shall be liable to pay to the Commissioner in additon to the estate 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.

14.-(1) A rateable part of the estate duty on an Charge of estate, in proportion to the value of any property estate duty which does not pass to the executor as such, shall on property. be a first charge on the property in respect of which 57 & 58 Vict. estate duty is leviable: Provided that the property shall not be so chargeable as against a bona fide purchaser thereof. for valuable consideration without notice.

c. 30, s. 9.

(2) If the rateable part of the estate duty in respect Reimburse- of any property is paid by the executor, it shall where ment of occasion requires be repaid to him by the trustees or executor. owners of the property.

terminable

(3) A person authorised or required to pay the Raising estate duty in respect of any property shall, for the estate duty purpose of paying the estate duty or raising the by sale amount of the estate duty when already paid, have mortgage or power, whether the property is or is not vested in charge. 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 Payment property who pays the estate duty in respect of that by limited property shall be entitled to the like charge as if the owner. 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 Payment of comprised in a settlement or held upon trust to lay duty out of out upon the trusts of a settlement may be expended "capital in paying any estate duty in respect of property com- money". prised in the settlement and held upon the same trusts.

re-

c. 30, s. 14.

15. (1) In the case of property which does not Appropria- pass to the executor as such, an amount equal to the tion of proper rateable part of the estate duty may be

estate duty. covered by the person, who being authorised 57 & 58 Vict. 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 Disputes. 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 Parties duty can be recovered under this section shall be bound by bound by the accounts and valuations as settled accounts between the person entitled to recover the same and the Commissioner.

as settled.

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 ing of estate have been paid to the Commissioner, for the remission duty on

may or refund of which any equitable claim is proved to grounds. his satisfaction.

certain

Appeal to Supreme Court on payment of

or giving security for duty claim-

ed.

57 & 58 Vict. c. 30, s. 10.

No appeal

17.-(1) Any person aggrieved by the decision of the Commissioner with respect to the amount of estate duty payable on an affidavit or account or with respect · to the repayment of any excess duty or to any claim for additional duty by the Commissioner, and whether he is aggrieved on the ground of the value of any property or the rate charged or otherwise, may, on payment of, or giving security for, as hereinafter mentioned, the duty claimed by the Commissioner or 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, from decision direction, determination or decision of the Supreme of Supreme Court under any appeal under this section except with Court

the leave of the Supreme Court or of the Full Court.

without

leave. Costs of appeals. Interest

on excess

repaid.

Payment

of duty

dispensed with.

(3) The costs of the appeal shall be in the discretion of the court, and the court, where it appears to the court just, may order the Commissioner to pay on any excess of duty repaid by him interest at such rate per cent. per annum and for such period as appears to the court just.

(4) Provided that the Supreme Court if satisfied that it would impose hardship to require the appellant before appeal as a condition of the appeal to pay the whole, or as may be

the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then 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 such case the court may order interest at such rate per cent. per annum as appears to the court just to be paid on the unpaid duty so far as it becomes payable under the decision of the court.

Schedule of property to be annexed to probate.

18.-(1) A schedule under the hand of the Com- missioner of all the property passing on the death of a deceased person upon which estate duty has been paid or is payable on the death, and of all the property 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 liable 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.

(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.

for inter- meddling.

19.-(1) Every person who being neither the Penalties executor appointed by the will of the deceased nor (in the case of an intestacy) the person entitled in priority to the administration of the estate of the deceased, 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 administers 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 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.

(3) Every person who being the exccutor 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 deccased, 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.

(4) 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. notwithstanding 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.

(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 payment of the estate duty in respect of the said account to be postponed.

Disclosure

of interest of deceased person in

etc.

Ordinance No. 58 of 1911.

20. (1) Where a deceased person had, at the date of his death, any interest, whether as partner, de- positor, or creditor in any shop, bank or other business shop, bank, undertaking within the Colony, not being a company as defined by the Companies Ordinance, 1911, or a company, association or partnership formed under or in pursuance of some other Ordinance or Act, or of a charter of incorporation, or of letters patent, the per- 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.

Executor's accounts.

Fower to reduce penalty and duty.

Power to

Council to

make rules

(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

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.

21. At any time or times after the expiration of six months from the date of the probate or letters of administration, it shall be lawful for the Com missioner, by notice in writing sent to an executor at his last-known address, to require him to lodge with the Commissioner an account of his administration of the estate of the deceased, and the executor shall, within two months from the date of the service of such notice at such address, lodge the said account with the Commissioner and shall verify the same to his satisfaction within the further period of one month and in default the executor shall upon sum- mary conviction be personally liable to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding six months, unless he can prove to the satisfaction of the magistrate that his default was due to circumstances not under his control.

22. The Commissioner may in his descretion remit or reduce any penalty and he may reduce any duty chargeable under this Ordinance, provided that such duty is not reduced below the rate set out in the applicable Schedule.

23. Subject to the provisions of this Ordinance, the Governor in Governor in Council may make such rules, prescribe such forms and generally do such things as he thinks and prescribe expedient for regulating the practice under this forms, fees Ordinance. The powers conferred by this section and charges. shall include a power to prescribe fees and charges in receipt of affidavits for the Commissioner.

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.

}

25.-(1) If estate duty has already been paid in Relief in respect of any settled property since the date of the the case settlement, upon the death of one of the parties to of certain

settlements. a marriage, no estate duty shall be payable on the 57 & 58 Vict. death of the other party to the marriage unless such c. 30, s. 5 (2). person was at the time of his or her death or had 4 & 5 Geo. 5, been at any time during the continuance of the settle- c. 10, s. 14. ment competent to dispose of such property.

(2) For the purposes of this section, the term settlement means any deed, will, agreement for 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.

where

26. Where the Commissioner is satisfied that estate Relief in duty has become payable on any property consisting respect of of leasehold property or a business (not being a quick business carried on by a company), or any interest succession in leasehold property or such a business, passing upon property the death of any person, and that subsequently within consists of five years estate duty has again become payable on leasehold the same property or any part thereof passing on the property or 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.

　　　　　　　　　　　　purpose of calculating the amount of duty on which the reduction under this section is to be calculated.

a business.

& 5 Geo 5. e. 10. s. 15,

27. The amount of estate duty payable on an estate Reduction at the rate applicable thereto under the scale of rates of full of duty shall, where necessary, be reduced so as not to amount of exceed the highest amount of duty which would be duty where payable at the next lower rate, with the addition of above the

　　　　　　　　　　　　　　　　　　　　　the margin the amount by which the value of the estate exceeds limit of the value on which the highest amount of duty would value is be so payable at the lower rate.

small,

4 & 5 Geo. 5, c. 10, s. 13 (1).

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.

interests

into posses- sion.

57 & 58 Vict.

c. 30, s.

5 (3).

Calculation

(2) For the purposes of this section, the term settle- 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 term settled property means the property comprised in a settlement.

29. The table in the Third Schedule may be used, of reversion where applicable, in the calculation of reversionary ary interests.

interests.

Third

Schedule.

Repeal of Ordinances No. 16 of 1915 and

30. The Estate Duty Ordinance, 1915, and the Estate Duty Amendment Ordinance, 1931, are re- pealed.

No. 6 of

1931.

FIRST SCHEDULE.

[ss. 3, 4, 10, 12,

13, 18, 19 & 22.1

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

100,000

200,000

123456

200,000

400,000

600,000

800,000

1,000,000

2,000,000

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

500 and does not exceed

1,000

10,000

1 2

10,000

100,000

250,000

500,000

5.50

500,000

750,000

750,000 1,000,000

6.50

1,000,000

1,500,000

1,500,000 2,500,000

2,500,000

778

7.50

THIRD SCHEDULE.

Table for use, where applicable, in the calculation of Reversionary interests.

Years of Value. Years of Value. Years of Value.

age.

€

Birth

946

809

426

953

802

410

958

795

395

963

787

380

964

779

366

963

770

352

960

762

338

956

753

325

951

743

311

945

734

298

939

723

284

932 43

713

270

924 44

701

255

916

689

238

908

677

222

900

664

206

891 48

650

190

883 49

635

175

876

621

160

870

606

146

864 52

592 84

131

859

578 85

117

856

565 86

103

853 55

551 87

850

536

847

525

843

512

838

499

833

486

828

471

822

457

816 63

441

Objects and Reasons.

This Bill consolidates the Ordinances relating to Estate Duty, Ordinance No. 16 of 1915 and Ordinance No. 6 of 1931 with slight amendments which are indicated in the Table of Correspondence attached to it.

June, 1931.

C. G. ALABASTER,

Attorney General

TABLE OF CORRESPONDENCE

BETWEEN

THE NEW CONSOLIDATION ESTATE DUTY ORDINANCE

AND ORDINANCE NO. 16 OF 1915.

New

Ordinance

Ordinance No. 16 of

Section

1915

Section.

Short title.

Remarks.

As amended by No. 6 of 1931, s. 2.

As amended by No. 6 of 1931, s. 3. Ordinance No. 6 of 1931, was gazetted and commenced on 27/2/31 see No. 31 of 1911; ss. 5 and 6.

As amended by No. 6 of 1931, s. 16, the priviso to which is made the second proviso to section 4.

As amended by No. 6 of 1931, s. 3 (2)

In the second proviso to sub-section (1) (c) "the date" substituted for "that date", "after the commencement of this Ordinance" deleted in sub-section (4) (a).

As amended by No. 6 of 1931, s. 4. "or by any Ordinance which may amend or be substituted for the same' deleted from sub-section (5) as inconsistent with sub-section (3) and unnecessary because of No. 31 of 1911 S. 14.

As amended by No. 6 of 1931, s. 5

As amended by No. 6 of 1931, s. 6.

As enacted by No. 6 of 1931, s. 7. "of" inserted after "in respect of all pro- perty', in sub-section (4).

As enacted by No. 6 of 1931, s. 8.

ss. (1) replaces ss (1) as enacted by No. 6 of 1931, s. 9 and, instead of requiring the executor to register certain shares in his own name, requires him to register as the deceased's the latter's shares in local companies held under blank trans-

fers.

ss. (2) is new and requires the companies

to effect such registration.

ss. (3) is ss. (2) as enacted by No. 6 of

1931, s. 9.

As amended by No. 6 of 1931, s. 10.

As enacted by No. 6 of 1931, s. 11.

}

Table of Correspondence

BETWEEN

BAN THE NEW CONSOLIDATION ESTATE DUTY ORDINANCE

AND ORDINANCE No. 16 of 1915,-Continued.

New

Ordinance

Ordinance No. 16 of

Section.

1915

Section.

Remarks.

22223

2 2 2

2220

As enacted by No. 6 of 1931, s. 12.

As amended by No. 6 of 1931, s. 13.

sub-sections renumbered consecutively.

As enacted by No. 6 of 1931, s. 14.

The last sentence is new.

As enacted by No. 6 of 1931, s. 15.

Do. 27th day of February 1931 substituted

for commencement of Ordinance.

2 23

First

Schedule

Second Second

Schedule Schedule

See No. 6 of 1931, s. 16 (3).

Repeals No. 16 of 1915 and No. 6 of 1931.

Schedule to No. 6 of 1931.

Third Schedule

As amended by No. 6 of 1931, s. 16 (3).

•

C.S.O. 3690/30.

A BILL

INTITULED

[No. 32-6.1.32.-5.]

An Ordinance to make provision for Proceed-

ings in reference to Juvenile Offenders.

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 Offenders Ordinance, 1932.

the Juvenile Short title.

2. In this Ordinance unless the context otherwise Interpreta- requires-

(a)

tion.

8 Edw. VII, "Child" means a person who is, in the opinion c. 67, s. 131. of the court having cognizance of any case in relation to such person, under the age of fourteen years.

(b) "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.

(18) "Probation Officer 19

means a person appointed

under this Ordinance by the Governor or by the

court to be a probation officer.

3.-(1) A court, other than the Supreme Court acting Juvenile in the exercise of its criminal jurisdiction, when hearing Courts. 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 the 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.

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.

6. It shall be the duty of the Inspector General of Prevention of Police to make arrangements for preventing, so far as association with adults practicable, a child or young person while being detained, from associating with an adult, other than a relative, during charged with an offence.

detention in 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 be 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, e. 67, s. 97.

8.-(a) Where a child or young person is brought Procedure in before 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.

(f). 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.

(4) 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 be readily available as to his general conduct, home

Probation Officers.

7 Edw. VII, c. 17, s. 3.

Probation Orders.

7 Edw. VII, c. 17, s. 2 and s. 3.

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 ou bail or to a place of detention.

The

(i) If the child or young person 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. 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 undesirable persons, or from frequenting undesirable places and generally for securing that the child or young person should lead an honest and well conducted life.

other

15 & 16

(5) The court may by a probation order direct that it Gov. V, shall be a condition of the recognizance to be entered into c. 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.

܂ܐ

(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 named in a probation order may at any time be relieved of his duties, and, in any such case or in case 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. 7 Edw. VII,

(a) To visit or receive reports from the person under

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 persou 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.

(h) The offender, when apprehended, shall, if not brought forth with 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 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.

15 & 16

Geo. V,

(e) Where a person in respect of whom a probation 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

Attendance

at court of parent of child or

young person charged with an offence, etc.

8 Edw. VII, c. 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.

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,

(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 provisions 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 iustead 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 agains' 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 on 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.

* 12.-(1) No child shall be sentenced to i 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 sui ably dealt with in any other way 8 Edw. VIL, whether by probation, fine, corporal punishment, committal c. 67, s. 102. 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.

(4) The conviction of a child or young per-on 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.

children or

18. Sentence of death shall not be pronounced or Abolition reco ded against a child or young person, but in lien of death thereof the court shall sentence the child or young person sentence in to be detained during His Majesty's plea-ure, and, if so case of sentenced, be 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 may direct and whilst so detained shall be deemed to be in legal custody.

young

persons.

8 Edw. VII, c. 67, 8. 103.

14. Notwithstanding anything in this Ordinance to the Detention contrary, wi en a child is convicted on indictment of in case of manslaughter o where a young person is convicted on certain indictment of an attempt to murder or of manslaughter,

　　　　　　　　　　　　　　　　　　　　　　　　　crimes com- or of wounding with intent to do grievous bodily harm,

mitted by 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.

or young persons detained in

(2) A licence may be in such form and may contain accordance such conditions as the Governor may direct.

with direc- tions of the Governor.

(3) A licence may at any time he 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.

Substitution

ment.

16. Where a child or young person is convicted of an offence punishable. in the case of an adult, with imprison of custody me it, 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 ca-e 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.

Children liable to be committed to care of

17.-(1) Any person may bring before a juvenile court any person apparently under the age of sixteen years who-

(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. wi e) or being in any street, premises, or place Kafala yanfor the purpose of so begging or receiving alms;

Ordinances No. 4 of 1897 and No. 3.of. 1916.

't'י

Ordinances No 2 of 1865 and No. 13 of 1929.

801

(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 been 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

the

(1) is found in any circumstances which are, in

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 sati-fied on enquiry of that fact, may order the child or young person to be taken out of the custody, charge, or caie of any person, and to be committed to the care of a relat ve of the child or young person or some other fit person or institution (inclu fing an Industri Lor Reformatory School) named by the court (-uch 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 he plae d 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 frequent is the mother of the chid or young person, and she exercises proper guard "ñ- 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 or er may be maile 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

}

: skall be proved in such manner as the court may

sufficient to bind that person or institution.

think

(3)-(1) 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-

Je! (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 retmning to such person or institution, a child or young person who has so escaped or knowingly assists in s 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 hable 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.

(iii) 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 shall be paid to such person or institution as the court may pame, 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 ord red under this section to contribute to the maintenance of a child or young person, he shail give notice of any change of address to the Inspe for treneral of Police and if he fails to do so without reasonable excuse, he shall be liable u on summary conviction to a fine not exceeding one hundred dollars,

(r) The Governor may at any time in his discretion discharge a child o 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 co dit ons as the Governor approves, and may, if he thinks fit, by Order in Council m‹ke ru es in relation to children or young |ersons 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 7: Ordinance and shall be tiaile upou summary, conviction to a ⠀fine not exceeding one hundred dollars and in default of pay- ⠀ọ ment to imprisonment for any term not exceeding one mouth.

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 bis guilt the court shall take into consideration the manner

children or in which, under the provisions of this or any other Ordinance or law enabling the court to deal with the case, charged with the case should be dealt with, namely, whether-

MONE

(a) by dismissing the charge or m

young persons

offences.

8 Edw. VII,

c. 67, s, 107,

(b) by discharging the offender on his entering into a

recognizance; or

Provision of Places of detention.

8 Edw. VII, c. 67 s. 108.

Provisions as

of children

086

(e) by so discharging the offender and placing him

under the supervision of a probation officer Ör

(d) by_committing the offender to the care of sa

relative or other fit person; or

(e) by sending the offender to an industrial school if such a course shall be author.sed by law; or

(f) by sending the offender to a reformatory school;

(9) by ordering the offender if a boy to be whipped ; or

(h) by ordering the offender to pay a fine, damages,

or costs; or

(i) by ordering the parent or guardian of the offender

to pay a fine, damages, or costs; or

(j) 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 manner in which it could not deal with the case apart from this section.

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 bə 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 in-titution 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 the eof as a place of detention on such terms 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 perso-s, or of persons charged with serious off nces or min r 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.

20.-(1) The order or judgment in pursuance of whịch to the custody a child or young person is committed to custody in a place of détention 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 shail 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.

(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.

21. The expenses incurred by the Inspector General Expenses of of Police in respect of any place of detention provided maintenance

　　　　　　　　　　　　　　　　　　　　　　　　　of child or under this Ordinance, including the expenses of the main- tenance of any child or young person detained therein, person.

young whether detained on apprehension or committed to custody 8 Edw. VII, on remand or committment for trial or in lieu of imprison- c. 67 s. 110. ment or in default of payment of a fine, damages, or costs, shall be defrayed out of the general revenue.

proof of age.

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- quent proof that the age of that person has not been correctly stated to or presumed or declared by the court, c. 67 s. 123. 8 Edw. VII, 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.

Power to clear court whilst a child or young

person is

23. In addition and without prejudice to any powers which a court may possess to hear proceedings in camera, the court may, where a person who in the opinion of the court is a child or young person is called as a witness in any proceedings in relation to an offence against, or any 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 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.

Ordinance No. 6 of 1909.

27. This Ordinance shall come into force on such date Commence- as may be fixed by Proclamation of the Governor.

ment.

Objects and Reasons.

1. This Ordinance represents generally the ill drafted by the Committee appointed to report on measures required for the institution of Juvenile Courts in Hong Kong. The provisions recommended by the Committee, in the matter of associating Justices of the Peace with the Magistrates for the trial of juvenile offenders have been omitted from section 3, as it was felt by the Government after careful enquiries that the time is not ripe for prescribing such association and in particular that the Colony is not yet ready for the appointment of women Justices of the Peace. Section 19 (4) has also been enlarged to make provision for the detention of remanded or convicted persons only in places suited to receive them.

2. The Ordinance is based partly on the relevant provisions of the Probation of Offenders Act, 1907, the Children Act, 1908, the Juvenile Courts (Metropolis) Act, 1920, and the Criminal Justice Act, 1925, and partly on a model Bill which has been recommended by similar Committee in England.

December, 1931.

C.S.O. 2739/21.

C. G. ALABASTER,

Attorney General.

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.

A BILL

INTITULED

[No. 40-18.12.31.-2.]

An Ordinance to amend the Police Force Ordinance, 1900.

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:

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 inanner as other Crown debts in respect of fees and other- wise, under the Crown Remedies Ordinance, 1875.

Objects and Reasons.

2. Applications for such services are not always made by householders, they are sometimes made by clubs or institutions on occasions where such services are required.

3. The detailing of members of the force for such pur- poses seems rather a matter for the Inspector General of Police than for the Governor.

4. Moreover, the provision as to the payment of the whole of the pay and allowances of a member of the force who might be detailed only for a few hours special duty seems unreasonably restrictive.

December, 1931,

C. G. ALABASTER,

Attorney General.

Draft Bill.

No. S. 40.-The following bill is published for general information :-

C.S.O. 8 in 4299/31.

[No. 4:-5.1.32.-1.]

A BILL

INTITULED

An Ordinance to amend the Po Leung Kuk Incorporation

Ordinance, 1893.

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 Short title. Incorporation Amendment Ordinance, 1932.

for Ordinance

2. Sub-section (1) of section 5 of the Po Leung Kuk Substitution Incorporation Ordinance, 1893, is repealed and the following of 1893, sub-section is substituted therefor :-

s. 5 (1).

Direction.

5.-(1) The Board shall consist of such uumber of Permanent 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 ex officio the vice-presidents.

Objects and Reasons.

2. Applications for such services are not always made by householders, they are sometimes made by clubs or institutions on occasions where such services are required.

3. The detailing of members of the force for such pur- poses seems rather a matter for the Inspector General of Police than for the Governor.

4. Moreover, the provision as to the payment of the whole of the pay and allowances of a member of the force who might be detailed only for a few hours special duty seems unreasonably restrictive.

December, 1931,

C. G. ALABASTER,

Attorney General.

Draft Bill.

No. S. 40.-The following bill is published for general information :-

C.S.O. 8 in 4299/31.

[No. 4:-5.1.32.-1.]

A BILL

INTITULED

An Ordinance to amend the Po Leung Kuk Incorporation

Ordinance, 1893.

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 Short title. Incorporation Amendment Ordinance, 1932.

for Ordinance

2. Sub-section (1) of section 5 of the Po Leung Kuk Substitution Incorporation Ordinance, 1893, is repealed and the following of 1893, sub-section is substituted therefor :-

s. 5 (1).

Direction.

Objects and Reasons.

1. Under section 5 (1) of the principal Ordinance the permanent Board of Direction of the Po Leung Kuk was made to consist of not less than five and not more than ten persons, including the Secretary for Chinese Affairs, as ex officio president, and also the members of the Legislative Council representing the Chinese, as ex officio vice-presidents.

2. Until recently the representative of the Chinese on the Executive Council was also a member of the Legislative Council. The primary object of this amending Ordinance is to enable him to retain his ex officio position as a vice-president.

3. As, however, there will now be a president and four vice-presidents it is thought that a maximum of five ordinary members may be insufficient. The amending Ordinance accordingly removes the limit to their number imposed by the principal Ordinance.

January, 1932.

C. G. ALABASTER,

Attorney General,

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT,

No. S. 41. Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Plague.

Sourabaya.

29th January, 1932.

Authority.

Notification

No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 51 of 27th January,.... 1932.

W. T. SOUTHORN,

Colonial Secretary.

Objects and Reasons.

January, 1932.

C. G. ALABASTER,

Attorney General,

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT,

No. S. 41. Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Plague.

Sourabaya.

29th January, 1932.

Authority.

Notification

No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 51 of 27th January,.... 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 42.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th January, 1932.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

HARBOUR DEPARTMENT.

　　No. S. 43.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Repairs to Steam Launch S.D. 2", will be re eived at the Colonial Secretary's Office until Noon of Friday, the 12th day of February, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

Harbour Master, &c.

27th January, 1932.

PUBLIC WORKS DEPARTMENT.

No. S. 44.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Barrack Hut at Bay View Police Station", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 9th day of February, 1932. The work consists of the erection of a barrack hut constructed of wood framing, weatherboarding and tiled roof.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office. The Government does not bind itself to accept the lowest or any tender.

27th January, 1933.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT ́

OF HONG KONG.

In the Matter of the Fstate of Harold Edward Hendy late of No. 145, Wongneichung Road, Victoria in the Colony of Hong Kong, Engineer, deceased.

NOTICE is hereby given that the Court

　　　　　　　　　　　by virtue of Section 58 of The Probates Ordinance 1897 (No. 2 of 1897), made an order limiting the time for send ng in claims to or against the above estate to the 15th day of February, 1932.

Creditors and claimants are hereby required to send their claims to the undersigued by the above date

Dated this 27th day of January, 1932.

E P. H. LANG, Official Administrator.

THE HONG KONG & SHANGHAI

HOTELS, LIMITED.

N°

(INCORPORATED IN HONG KONG)

OTICE is hereby given that the Ordinary Yearly Meeting of Shareholders of The Hong Kong and Shanghai Hotels, Limited, will be held at the Registered Office of the Company, Exchange Building, Des Vœux Road Central, Hong Kong), on Friday, the 18th day of March, 1922, at 11 a.m., for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors for the year ended on the 31st December, 1931, confirming the appointment of a Director and re-electing a Director and the Auditors.

The Transfer Books of the Company will be closed from Wednesday, the 2nd March, 1922, until Friday, the 18th March, 1932, both days inclusive.

By Order of the Board,

F. C. BARRY, Secretary.

Hong Kong, 27th Janrary, 1932.

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP)

No. 1 of 1932.

In the Matter of the Companies Ördi-

nance No 58 of 1911,

and

In the Matter of the Man Ree Iling Co.,

Ltd.

OTICE s hereby given that a petition for

pany was on the 26th day of January, 1932, presented to the said Court by the said Com- pany And that the said Petition is directed 10 be heard before the Court sitting at the Courts of Justice Hong Kong, on the 15th day of February, 1932 and any creditor or contributory of the said Company desirous to suppo:t or oppose the making of an order on the said Petition may appear at the time of hearing by himself or himself or his Counsel for that purpose and a copy of the Petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned Ou payment of the regulated charge for the same.

•

Dated the 26th day of January, 1932.

D'ALMADA & MASON, 33, Queen's Road Central, Solicitors.

　　　　　　NOTE:-Any person who intends to appear on the hearing of the said Petition must serve on or send by post to the above-named, notice in writing of his intention so to do. The notice must state the name and address of the person, or, if a firm, the name and address of the firm, and must be signed by the person of firm, or his or their Solicitors (if any), and must be served, or if posted, must be sent by post in sufficient time to reach the above-named not later than four o'clock in the afternoon of the 14th day of February,

1932.

Νο

IN THE SUPREME COURT OF

HONG KUNG.

PROBATE JURISDICTION.

In the Goods of William Green Skip- worth late of Brookhurst Broad- Bridge Heath Horsham in the Cou ty of Sussex, Retired merchant, de- ceased.

TOTICE is hereby give.. that the Court has by virtue of Section 58 of Probate Ordin- ance 1897, made an Order limiting the time for cred tors and others to send in the`r claims against the above estate to the 20th February, 1932.

All Creditors and others are accord ngly hereby required to send their claims to the undersigned on or before tha: date.

Dated the 21st day of January, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Erecutor, Prince's Building, Ice House Street,

Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION,

In the Goods of Francis Desmond Talbot Coke late of Westerfield Richmond Road Worthing Sussex formerly of Clayesmore School near Winchester Hants and 5, Connaught Place Hyde Park Middlesex a Captain Re- tired) in His Majesty's Army, de- ceased.

NOTICE is hereby given that the Court

has, by virtue of Section 58 of Probate Ordinance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 20th day of February, 1932.

All Creditors and Others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 21st day of January, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Executors,

Prince's Building,

Ice House Street,

Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION

In the Goods of Theodore John Hubert Schmitz, of "Thorncliffe Niton, Isle of Wight, England, deceased.

OTICE is hereby given that the Court

has by virtue of the provisions of Section 58 of Ordinance, No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 17th day of February, 1932. All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 19th day of January, 1932.

DEACONS,

Solicitors for the Executors, No. 1, Des Vœux Road Central, Hong Kong.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Mak Hung Ah of No, 61, Leighton Hill Road, Hong Kong, carrying on business under the style or firm name of The Race Course Motor Car Company,

(跑馬地汽車租賃公司)(here-

inafter called " the Transferor") has transferred

to Mak Ying Cheung() other- wise llop Sing Tong (A) herein-

after called" the Transferee") of No. 70, Lockhart Road, Hong Kong All That the Trans- feror's business of the said Race Course Motor Car Company including the fixtures, furniture and the Motor Cars Licence Nos. 143 and 407

The Transferee intends to carry on the business at No. 61, Leighton Hill Road, Victoria, aforesaid under the same firm name and will not assume any of the liabil ties in- curred in the business by the Transferor prior to the 27th day of January, 1932.

Dated this 28th day of January, 1932.

LO & LO, Solicitors for the parties.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

PURSUANT to Sectionded by Section 6 of

Ordinance No. 19 of 1913, George Stephen Ford whose place of residen e for the last twelve mon.hs has been No. 105, Waterloo Road, Kowl ou Tong, an 1 No, 15, Ho Mun Tin Street. Kowloon in the Colony of Hong Kong, and who served his Articles of Clerkship with Mr. A. E. Hall and subsequently with Mr D. H. Blake, both of Vict ria, in the Cotony of Hong Kong Solicitors, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examina- tion and admission as a Solicitor of the Supremə Court of Hong Kong.

Dated the 26th day of January, 1932.

G. STEPHEN FORD,

No. 2, Queen's Road Central,

Hong Kong.

Trade and Shipping Returns for the Month of

December, 1931.

OMPILED by the Statistical

Cranch of the Imports and Ex-

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5. Duddell Street.

THE HONG KONG AND SHANGHAI HOTELS, LIMITED.

NOTICE OF EXTRAORDINARY GENERAL MEETING.

NOTICE IS HEREBY GIVEN that an Extraordinary General Meeting of the Members of The Hong Kong and

Shanghai Hotels, Limited, wil be held at Exchange Building. Victoria. in the Colony of Hong Kong, on Friday, the 18th day of March, 1932, at 11 30 in the forenoon immediately after the Annual General Meeting of the Company, for the purpose of considering and if thought fit passing the following resolutions as Ordinary Resolutions:

　　　　　　1. That the authorised Capital of the Company (which is now $10,000,000 00 divided into 1,000,000 Shares of $1000 each. of which the whole have been issu d) be increased from $10 000,000 00 consisting as aforesaid to $15,000,000.00 (consisting of 1,500,000 Shares of the nominal value of $10.00 each) by the creation of 500,000 New Shares of the nominal value of $10,00 each.

　　　　　　2. That in the first instance 200,000 of the said New Shares be offered at par (in the proportion of one New Share for every five Old Shares held by them respectively) to the persons who on the 18th day of March, 1932, are registered in the Company's hare Register as the holders of the 1,000,000 Old Shares and so that on acceptance of such offer the full nominal amount due in respect of such 20,000 New Shares shall be payable on the 30th day of June 1932, and that on acceptance of such offer and on payment in manner aforesaid such shares so taken up shall rank as from the 1st day of July, 1932, for dividend and in all other respects pari passu with the shares constituting the Company's present issued Capital, and that any of the said 200,000 New Shares which shall not be taken up by the Company's Shareholders in manner af resaid be disposed of at such time or times in such manner and upon such terms and conditions as the Company's Board of Directors shall think fit.

3. That such offer be made by notice specifying the number of shares to which the Member is entitled and limiting the time within which the offer if not accepted by the Member on behalf of himself or his nominee will be deemed to be declined and that the Directors be at liberty to fix such time and to extend it to such date or dates as they may think fit.

4. That the balance of 300,000 Shares constituting that Company's unissued Capital be issued at such time or times in such manner and for such purposes and upon such terms and conditions in every respect as the Com- pany's Board of Directors may decide.

AND NOTICE IS HEREBY ALSO GIVEN that the before mentioned Extraordinary General Meeting will be continued for the purpose of considering and if thought fit passing the following Resolution as an Extraordinary Resolution:

5. That the Articles of Association of the Company be altered in manner following :

(a) By the insertion immediately after Article No 126 of the existing Articles of Association of the two

following new Articles to be known as Articles 126A and 126в,"

"126A. Each Director who is a registered holder in his own right of not less than 25,000 Shares in the Capital of the Company shall have the power to nominate any person approved for that purpose by a majority of the other Directors of the Company to act as an alternate Director, in his place, during his absence from the Colony of Hong Kong or inability to act through illuess as such Director, and at his discretion to remove such alternate Director, and on any such appointment being made, the alternate Director shall be subject in all respect to the terms and conditions existing with reference to the other Directors of the Company, and any alternate Director while acting in the place of an absent Director, shall exercise and discharge all the duties and functions of the Director he represents, but shall look to such Director solely for his remuneration and shall not be entitled to e aim remuneration from the Company Provided always that it shall be a condition precedent to the exercise of the power of appointment herein contained and the continuance of the appoint- ment hereunder that the Director exercising the same shall be, at the time of making such appoint- ment and shall continue to be so long as the said appointment continues, the registered holder in his own right of not less than 25,000 Shares in the Capital of the Company. Every appointment made in pursuance of this Article shall be in writing under the hand of the Director making the same "12 B. Any instrument appointing an alternate Director in pursuance of Article 126 of these Articles

shall be as nearly as circumstances will admit in the following form or to the effect following:

　　　　　　　　　　　　　　　　　　　　　a Director of The Hong Kong and Shanghai Hotels, Limited, in pursnance of the power in that behalf contained in Article 126A of the Articles of Association of the Company do hereby nominated and appoint

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of alternate Director in my place during my absence from the Colony of Hong Kong or my inability to act as a Director through illness (as the case may be) to exercise and discharge all my duties as a Director of the Company.

day of One thousand nine hundred and thirty

AS WITNESS my hand this

to act as

　　　　　　　AND NOTICE IS HEREBY ALSO GIVEN that a further Extraordinary General Meeting of the Members of the above named Company will be held at Noon at the same place on the 4th day of April, 1932, for the purpose of receiving a report of the proceedings at the proceedings at the last above mentioned meeting and of confirming if thought fit as a Special Resolution the before mentioned resolution numbered 5 herein.

Dated this 27th day of January, 1932.

By Order of the Board,

F. C. BARRY,

Secretary.

(FILE No. 349 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Stanco In- corporated, Wilmington, I elaware, United States of America, Refiners and Marketers of Petroleum Specialty Produc's, have on the 12th, day of October 1931, applied for registration, in Hong Kong, in the Register of 'l rade arks of the following Trade Mark :-

DEENAX

in the name of Stanco Incorporated, who claim io be the proprietors thereof.

　　　　　　　　Trade Mark has been used by the Applicants since 27th. April, 1931, in respect of the follow- ing goods:

"Denaturants to make ethyl alcohol

unsuitable for internal use, in Class 3.

Dated the 29th day of January, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hung Long.

(FILE No. 424 or 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs.

Yuen Cheong Hong, of No. 312, Des Voeux Road West Victoria, Hong Kong, have, on the 18th day of December, 1931, applied for registration in Hong Kong of the accompany ing Trade Mark :--

行昌元

YUEN CHEONG HONG

HONGKONG & CANTON

商燈宮

LANTERN

HONGKONG ADDRESS+

BRAND

NOT

(FILE No. 435 of 1932) HONG KONG TRADE MARKS ORDINANCE, 1905.

Application for Registration of a Trad Mark.

OTICE is hereby given that China Agri- cultural Development Co., Ltd, of No. 8, Des Voeux Road Central, Victoria, in the Coleny of Hong Kong, have, on the 2rd Decem- ber, 1931, applie for registration, in Hong

Koug, of the accompanying Trade Mark :-

田

料

利勝

完美

(FILE NO 17 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that Kelly Brothers Manula turing Factory of No. 26. Ma n Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have, on the 13th day of January, 1932, aplied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

KELLY BROS. MFG. FACTORY

ہے

LIGHTNING BRAND

KELLY

BROS

ATHLET

FACTORY

BRAND

MANUFA

31Z.DES VOEUX ROAD W.

HONG KONG CANTON ADDRESS- 106 SAI TA YEE MALO CANTON LADY CRACKERS 700

MADE IN CHINA

in the name of the said Messrs. Yuen Cheong Hong, who claim to be the proprietors thereof.

The above Trade Mark has not hitherto been used but is intended to be used forthwith by the applicants in respect of bre crackers in Class 20.

The above Mark is to be associated with Trade Mark No. 466 of 1929.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 31st day of Deceinber, 1931.

TRADE

(FIL

WILKINSON & GRIST, Agents for the Applicants, No. 2, Queen's Road Central, Hong Kong.

No. 421 of 1931) ARK ORDI 、ANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Nam Shing

Manufacturers of Nos. 1 to 9, Yu Wa Street, Wanchai, Victoria, in the Colony of Hong Kong, have, on the 16th day of December, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

標商

册註

in the name of the said China Agriculturı

Development Co., Ltd., who claim to be the proprietors thereol.

The above Trade Mark has already been used by the Applicants in respect of ·-

Artificial manure and vermin destroyers

in Cla-s 2

The application is limited to the colour shown on the Mark and to the use of the flag as it is shown thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersignel.

Dated the 29th day of January, 1931.

WILKINSON & GRIST,

Soliestors for the Applicants,

2, Queen's Road Ceutral, Hong song.

(FILE No. 428 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

́OTICE is hereby given that The Sunbeam

Manufacturing Company, of Nos. 10 10 and 103. Kiung Street, Sham-huipo Kowloon, Hong Kong, have, on the 21st day of December, 19:31, applied for registration in Hong Kong, in the Register of Trade Marks, of thefollowing Trade Mark : --

in the name of Kelly B others Manufacturing Factory, who claim to be the proprietors there- of.

The above Marks have not hitherto been used but are in ended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38.

　　　　　　　The Applicants disclaim the right to the exclusive use of the Representation of the Bath-

Athlet' ing Costume, on the figure in the " Mark.

Datad the 29th of January, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Verux Road Central, Hong Kong.

in the name of the said Nam Shing Manufac- turers, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap plicants in respect of the following goods in the following class, viz :

Electric torches and flashlights in Class 8.

Dated the 31st day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

SHELL

in the name of The Sunbeam Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the applicants in respect of Flashlights and Batteries in Class 8.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 31st day of December, 1931.

THE SUNBEAM MANUFACTURING

COMPANY,

Applicants,

Nos. 10, 10 & 16B. Kilung Street,

Kowloon, Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

PURSUAN1971, as amended by Section 6 of URSUANT to Section 16 of Ordinance No. Ordinance No. 19 of 1913, I, the undersigned, HENRIQUE ALBERTO DE BARROS BOTELHO of Victoria, in the Colony of Hong Kong, whose place of service is David House, 1st floor, Des Voeux Road Central, Victoria aforesaid, and who am under Articles of Clerkship to Mr. Leo. D'Almada e Castro of David House, aforesaid, Solicitor, hereby give notice that it is my in- tention at the expiration of one month from the date hereof to apply for my examination and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 15th day of January, 1932.

H. A. DE BARROS BOTELHO.

NEW

VEHICLES & TRAFFIC REGULATIONS

published as Government Notification No. 50 of 1932

IS OBTAINABLE

in Booklet Form

from

NORONHA & CO., 5, Duddell Street.

Price: $1.50

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

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 45.-The following bills are published for general information:-

C.S.O. 1131/18.

A BILL

[No. 5:-13.1.32.-2.]

Short title.

Substitution

No. 7 of

INTITULED

An Ordinance to amend the Chinese Temples Ordinance,

1928.

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 Amendment Ordinance, 1932.

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

7.-(1) Notwithstanding anything contained in the Secretary for Chinese Affairs Incorporation Ordinance, 1928, the revenues, funds, investments and properties of all be under the 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:-

control of the Chinese Temples

-Committee.

(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.

Objects and Reasons.

1. Under section 7 (1) (a) of the principal Ordinance, the Chinese members for the time being of the Legislative Council are ex officio members of the Chinese Temples Committee.

2. The Chinese member of the Executive Council was until recently also a member of the Legislative Council. The main object of the amendment is to enable him to remain ex officio a member of the Committee.

3. In paragraph (b) the words "for such period as he may approve have been substituted for "from time to time."

4. In paragraph (ƒ) as enacted by Ordinance No. 31 of 1930, s. 17, the words "appointed annually by the Governor on the nomination of " have been substituted for "nominated annually by.".

January, 1932.

C. G. ALABASTER,

Attorney General,

C.S.O. 7 in 4299/31.

A BILL

[No. 2-5.1.32.-1.]

INTITULED

An Ordinance to amend the Foreshores and Sea Bed Ordi-

nance, 1901.

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 Short title.. Sea Bed Amendment Ordinance, 1932.

2. Section 3 of the Foreshores and Sea Bed Ordinance, Substitution 1901, is repealed and the following section is substituted for Ordinance therefor :-

No. 15 of 1901, s. 3.

Power to

leases of

3. (1) It shall be lawful for the Governor to grant and to agree to grant such Crown leases for any term not grant Crown exceeding seventy-five years, or for such longer term as the foreshore Secretary of State may authorise, of the foreshore and sea and sea bed. 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 declared by the Governor in Council to be expedient to be granted for the purpose of reclamation, harbour improvement, or building, 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

Substitution

100

property intended to be demised, shall be inserted in every ordinary issue of the Gazette during a period of one month 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 to send in their objections in writing to the Colonial Secretary before the expiration of the said period of one month, and all such objections shall be duly considered by the Governor in Council.

(2) 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.

(3) In any case in which in the opinion of the Governor in Council the over-ruling of an objection would involve special damage to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected there- with, in his user of such lot and loss of value in his holding, the Governor in Council may make an order for compensa- tion to be assessed by the Land Officer or by a District Officer and for the payment out of the general revenue of the Colony to the holder of the lot of compensation as so assessed. Any such assessment shall be subject to review by the Governor in Council whose decision shall be final.

(4) This section shall not be deemed to authorise the grant of any Crown lease which would derogate from or be inconsistent with the rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease, without the consent of such holder.

(5) 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. The proviso to section 5 of the Foreshores and Sea for proviso to Bed Ordinance, 1901, is repealed and the following proviso

is substituted therefor.

Ordinance

No. 15 of

1901, s. 5.

Provided that nothing in this section shall be deemed to derogate from or be inconsistent with the rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease.

Objects and Reasons.

1. Section 2 of this Ordinance substitutes a new section for section 3 of the principal Ordinance. Sub-section (1) of the new section re-enacts the original section as far as the end of the first proviso thereto. Sub-section (5) re-enacts the last paragraph of section 3 of the principal Ordinance.

101

2. Sub-sections (2) and (3) are new and give the Governor in Council power to award compensation in cases of special damage and loss of value concerning which no provision was made in the principal Ordinance.

3. Sub-section (4) recasts the second proviso to section 3 of the principal Ordinance, by substituting the words rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease for the words "special rights of sea access, if any, of any holder of any lot, holding under a Crown lease".

4. Section 3 of this Ordinance similarly recasts the proviso to section 5 of the principal Ordinance which though worded slightly differently to the second proviso to section 3 of the principal Ordinance appears to have been intended to have the same effect.

January, 1932.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 46. Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st January, 1932, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

22,715,925 8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited......

129,694,349 112,000,000†

3,332,990 1,350,000$

: TOTAL

155,743,264 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,288,700.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,078,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

5th February, 1932.

W. T. SOUTHorn,

Colonial Secretary.

101

January, 1932.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

22,715,925 8,300,000*

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited......

129,694,349 112,000,000†

3,332,990 1,350,000$

: TOTAL

155,743,264 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,288,700.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£3,078,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

5th February, 1932.

W. T. SOUTHorn,

Colonial Secretary.

102

COLONIAL SECRETARY'S DEPARTMENT.

•

No. S. 47. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

5th February, 1932.

97-98

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 48.-Statement of Sanitary Measures adopted by Hong Kong.

Restriction in Force.

Disease.

Port or Place.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Plague.

Sourabaya.

Small-pox.

Saigon.

Do.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 51 of 27th January,

1932.

Notification No. 73.of 2nd February, 1932.

5th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

103

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 49. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

5th February, 1932.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301,

W. T. SOUTHorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 50. The following names of successful tenderers are notified for general information :-

Government Notification.

Particulars.

Firms.

S. 445 of 13.11.31.

Tender for Kowloon Quarry Lot No. 2.

Mr. Yee Lee.

S. 462 of 26.11.31.

Tender for cleaning typewriters.

Messrs. Mustard &

Co., Ltd.

S. 474 of 1.12.31.

Tender for New Gaol at Wong Ma Kok, Messrs. Lam Con-

Approach Road (20 feet wide).

struction Co.

S. 483 of 11.12.31.

Tender for New Kowloon Quarry Lot No. 3.

Mr. Chu On.

S. 484 of 11.12.31.

S. 490 of 18.12.31.

Tender for permission to obtain clay from a parcel of Crown Land at Cha Kwo Ling, S.D. III, N. T.

Tender for the supply of Prisoners' Provi- Messrs. Hop Kee.

sions, &c.

Messrs. George McBain & Co., Shanghai.

5th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

104

DISTRICT OFFICE, NORTH.

No. S. 51.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Quarry near So Kun Wat, New Territories", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of February, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1934, of the piece or parcel of ground as shown coloured red on a plan sigued by the District Officer, North and dated 30th January, 1932, and subject to the conditions which can be ascertained at the office of the District Officer, North.

Upset annual fee $50.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

　　　　On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them....

　　　Form of tender and further particulars can be obtained from the office of the District. Officer, North.

The Government does not bind itself to accept the highest or any tender.

T. MEGARRY A

District Officer, North.

5th February, 1932.

新

明

新界大埔理民府微

憲示第五十

號

將發還欲知詳細章程及投票格式可來署詢取所投之票價格低昂任署繳銀五十圓取回收條以爲保証金如投票允准後投得者不遵章理則將保証金充公如一投票者已允准後其餘不入選者之保証金行理該章程可來署詢取每年底價五十圓又凡欲投票者湏先往庫務司工程司署名所繪之圖則内填紅色處指明之投得之人湏遵照章程辦起至一千九百三十四年十二月三十一日止經於本年一月三十日由星期一日正午以前寄至布政司署石塘之批期由通告投票允准之日係票投新界近蘇根窟石塘字樣於一千九百卅二年二月二十二佈告車照得現招人投票開採石塘如欲投票者湏繕票三張其封面號

由政府棄取或總棄不取此佈

千九百三十二年

月

五

日

爲

105

HARBOUR Department.

　No. S. 52. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for supplying and installing new engine in H.D. 9 Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 18th day of February, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

3rd February, 1932.

G. F. HOLE,

Harbour Master, &e.

DISTRICT OFFIce, South.

　No. S. 53.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 12th day of February, 1932.

　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931 and Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

Upset

Crown

Price.

Acres.

Rent.

Hang Hau Demarcation District

No. 224.

Lot No. 262.

Haug Hau.

3.63

Subject to readjustment as

provided by the Conditions of Sale.

396

3.70

5th February, 1932.

J. S. MACLAREN, District Officer, Southern District.

106

DISTRICT OFFICE, TAI PO.

No. S. 54.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 17th day of February, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 7 as Building Lots. Lots Nos. 8 and 9 as Threshing Floor Lots and Lots Nos. 10 to 12 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Lots Nos. 8 and 9 are further subject to Special Condition No. 1 (a). Lots Nos. 10 to 12 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lot No. 10 is further subject to Special Condition here- under specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,250, $750, $750, $500, $500, $500 and $150 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D. Lot.

Boundary Measurements.

Contents in

Annual

Upset

Crown

Acres, or Square feet.

Price.

Rent.

feet.

feet. feet. feet.

297

497

Chik Kang.

As per plan deposited in the District Office, North.

1,800 sq. ft. 18

2.50

22.

923

Wun Iu.

900

1.50

31 165

1516

Tai Tung.

1,216

1.50

167

968

Sai Au.

576

1.00

1173

Pan Chung.

560

2.00

1207

Ting Kok.

480

1.00

1205

100

.50

1203

*03 acre.

.10

2026

Tsz Tong Tsun.

*02

.10

1171

Shek Ku Lung.

*60

.60

2223

Kam Tsin.

*06

.10

221

1689

Sha Kok Mi.

*05

.10

SPECIAL CONDITION TO LOT No. 10.

The Purchaser shall within seven days pay $30 to Government for the pine-trees on the Lot.

1st February, 1932.

T. MEGARRY,

District Officer, North.

107

DISTRICT OFFICE, TAI PO.

No. S. 55.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 10.30 a.m., on Thursday, the 18th day of February, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 8 as Building Lots and Lots Nos. 9 to 15 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 8 are further subject to Special Condition No. 2 (a). Lots Nos. 9 to 15 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notifica- tion.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,500, $750, $500, $250, $250, $250, $250 and 250 res- pectively.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents in

Annual

Acres, or Price. Square feet

Upset Crown

Rent

Locality.

No. D. D. Lot.

feet. feet. feet. feet.

€

129 3382

Sha Kong.

As per plan deposited in the District Office, North.

2,530 sq. ft.

3.00

121

1813

115

1302

Shan Ha.

Tsoi Uk Tsun.

1,148

1.50

525

1.00

122 1576

Sheung Cheung Wai.

324

.50

123

1513

Wong Chau.

416

.50

125

2120

Ha Tsun.

429

.50

2121

315

.50

131

798

San Hui.

248

.50

9 132

1829

Siu Hang.

46 acre.

.50

10 106

1281

Un Kong.

*12

.20

•22

1276

.30

.25

.80

1250

1264

*03

.10

1265

*04

1326

.20

.40

1st February, 1932.

T. MEGARRY,

District Officer, North.

108

DISTRICT OFFICE, TAI Po.

　　　No. S. 56.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of February, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 4 as Building Lots. Lots Nos. 5 and 6 as Threshing Floor Lots and Lots Nos. 7 to 11 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 4 are further subject to Special Condition No. 2 (a). Lots Nos. 5 and 6 are further subject to Special Condition No. 1 (a). Lots Nos. 7 to 11 are further subject to Special Condition No. 1 (a), (b) and (c) in the above- Government Notification.

　　　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $750, $750, $250 and $150 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

No. D. D. Lot.

Acres, or Price. Square feet.

Upset Crown

Rent.

feet. feet. feet. feet.

1 19 2268

She Shan.

As per plan deposited in the District Office, North.

957 sq. ft.

1.50

2025

Tsz Tong Tsun.

1,080

3.00

361

Lau Nai Wan.

336

.50%

1206

Ting Kok.

100

.50

51 4635

Fan Ling.

874

.10

4636

440

.10

1366

Nam She Po.

'07 acre.

.10.

22 922

Wun Iu.

*10

.10 ·

83 2024

Tsung Hom Tong.

2 acres.

218

2.00 ·

215

561

Sai Kung.

04 acre.

.10

262

737

Lau Nai Wan.

*03

.10

1st February, 1932.

T. MEGARRY,

District Officer, North.

109

DISTRICT OFFICE, TAI Po.

　　No. S. 57.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of February, 1932.

　　The Lots are let for the term of One year from the 1st day of January, 1932, as Agricultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres. Price.

Annual

Upset

Crown

Rent.

No. D. D. Lot.

feet.

feet. feet. feet.

4638

Fan Ling.

As per plan deposited in the District Office, North,

'69 acre.

Nil.

1.40

4639

4640

4642

Wo Hop Shek.

3486

Shek Wu Hui.

*50

*11

⚫30

*12

⚫30

*02

*20 ·

1st February, 1932.

T. MEGARRY,

District Officer, North.

District Office, Tai Po.

　　No. S. 58.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of February, 1932.

　　The Lots are let for the term of Five years from the 1st day of July, 1932, as Agricultural Lots subject to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

Contents in

Annual

Upset Crown

Acres.

Price.

Rent.

3621

Chik Mi..

As per plan deposited in the 6:53 acres. Nil.

District Office, North.

13.10

36.22

5.24

10.50

109

DISTRICT OFFICE, TAI Po.

　　No. S. 57.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of February, 1932.

　　The Lots are let for the term of One year from the 1st day of January, 1932, as Agricultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres. Price.

Annual

Upset

Crown

Rent.

No. D. D. Lot.

feet.

feet. feet. feet.

4638

Fan Ling.

As per plan deposited in the District Office, North,

'69 acre.

Nil.

1.40

4639

4640

4642

Wo Hop Shek.

3486

Shek Wu Hui.

*50

*11

⚫30

*12

⚫30

*02

*20 ·

1st February, 1932.

T. MEGARRY,

District Officer, North.

District Office, Tai Po.

　　No. S. 58.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of February, 1932.

　　The Lots are let for the term of Five years from the 1st day of July, 1932, as Agricultural Lots subject to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

Contents in

Annual

Upset Crown

Acres.

Price.

Rent.

3621

Chik Mi..

As per plan deposited in the 6:53 acres. Nil.

District Office, North.

13.10

36.22

5.24

10.50

110

SPECIAL CONDITIONS.

1. The Lessee may not mortgage or sub-let the land.

2. The lease is determinable at any time on six calendar months' notice being given.

　　　　3. If the lease is determined by the notice from the Crown before expiration of the period for which the Lots are leased the Lessee is, if he has made improvements and if it is recommended by the District Officer to be entitled to compensation, such compensa- tion to be not more than twice the value of a crop taken off the land resumed.

4. At the expiration of the term for which the Lots are leased the land with all improvements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the Lessee in respect of such improvements.

1st February, 1932.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 59.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 22nd day of February, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Upset

Rent.

Price.

feet.

feet. feet.

feet.

About

Rural Building

Lot No. 334.

Near Rural Building

As per sale plan.

12,000

138

2,400

Lot No. 332, Repulse Bay Road.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

5th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

110

SPECIAL CONDITIONS.

1. The Lessee may not mortgage or sub-let the land.

2. The lease is determinable at any time on six calendar months' notice being given.

1st February, 1932.

T. MEGARRY,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Upset

Rent.

Price.

feet.

feet. feet.

feet.

About

Rural Building

Lot No. 334.

Near Rural Building

As per sale plan.

12,000

138

2,400

Lot No. 332, Repulse Bay Road.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

5th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

112

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 20 of 1931.

Notice of Public Examination.

Re Hsu Sun Pak of No. 2, Stafford Road,

　Kowloon Tong, and carrying on business as the Wai Lum firm at No. 334, Des Voeux Road West, Victoria, Hong Kong.

NOTICE is hereby given that the Public

Examination of the debtor Hsu Sun Pak will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 13th day of February, 1932, at 10 a.m.

Dated the 4th day of February, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Samuel Bell Smith late of East Lutton near Malton in the County of York England, Retired Master Mariner, deceased.

NOTICE

OTICE is hereby given that the Court has virtue of Section 58 of Ordinance by No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 3rd day of March, 1932.

　　　　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 2nd day of February, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Executor,

Prince's Building, Ice House Street,

Hong Kong.

THE HONG KONG LAND INVESTMENT AND AGENCY COMPANY, LIMITED.

NOTICE is hereby given that an Extra-

ordinary General Meeting of the Mem- bers of the above-named Company will be held at the Office of Messrs. Jardine, Matheson & Co., Limited, Pedder Street, Victoria, in the Colony of Hong Kong, on Tuesday the 16th day of February, 1932, at 12.15 p.m., immediately after the Annual General Meeting of the Com- pany, for the purpose of considering and if thought fit passing the following resolution as an Extraordinary Resolution.

　　　　　　　　That the Articles of Association of the Com- pany be altered in manner following:-

(a) by deleting the figures $10,000.00 in the third line of Article 95 (a) of the Company's Articles of As- sociation and substituting therefor the figures $15,000.00. And Notice is hereby also given that a further Extraordinary General Meeting of the Members of the Company will be held at the same time and place on Wednesday the 2nd day of March, 1932 for the purpose of receiving a report of the proceedings at the above- mentioned meeting and of confirming if thought fit the above-mentioned resolution as a Special Rosolution.

Dated the 28th day of January, 1932.

By Order of the Board,

L. S. GREENHILL, Secretary.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

(FILE NO. 14 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

is hereby given that The Asiatic

PURSUA 1971 as amended by Section 6 of Ordinance No. 138 al 1918, George Stephen NOTION if her giveny, stuth China,

Ford whose place of residence for the last twelve months has been No. 105, Waterloo Road, Kowloon Tong, and No. 15, Ho Mun Tin Street, Kowloon, in the Colony of Hong Kong, and who served his Articles of Clerkship with Mr. A. E. Hall and subsequently with Mr. D. H. Blake, both of Victoria, in the Colony of Hong Kong, Solicitors, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examina- tion and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 26th day of January, 1932.

G. STEPHEN FORD,

No. 2, Queen's Road Central,

Hong Kong.

In the Matter of The Companies Ordi-

nances, 1911,

and

In the Matter of The Hong Kong Development Building and Savings Society Ltd.

(In Liquidation).

NOTICE OF FINAL DIVIDEND OF

$15.00 PER Centum.

NOTICE is hereby given that a Final

Dividend of $15.00 per centum has been declared payable to Creditors in this matter, and that the same may be received at our offices on Tuesday, the 2nd day of February, 1932, or on any subsequent day except Satur- day between the hours of 10 a.m. and Noon.

Hong Kong, 30th January, 1932.

J. HENNSSEY SETH,

S. HAMPDEN ROSS, Liquidators,

PERCY SMITH, SETH & FLEMING, 6, Des Voeux Road Central.

HONG KONG REALTY AND TRUST

CO., LTD.

(INCORPORATED UNDER THE COMPANIES ORDINANOES OF HONG KONG)

NOTICE is hereby given that the Ordinary

Yearly Meeting of Shareholders of Hong Kong Realty and Trust Company, Limited, will be held at the Registered Office of the Company, Exchange Building, (2nd Floor, Des Vœux Road Central, Hong Kong, on Wednes- day, the 2nd March, 1932, at 12 Noon, for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors for the year ended on the 31st December, 1931, and re-electing two Directors and the Auditors.

The Transfer Books of the Company will be closed from Wednesday, the 17th February, 1932, to Wednesday, the 2nd March, 1932, both days inclusive.

By Order of the Board,

F. C. BARRY, Secretary.

Hong Kong, 2nd February, 1932.

Limited, a Company incorporated in England and having its principal place of business at St. Helen's Court, Great St. Helen's, London, have, on the 5th January, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :--

MEXPHALTE

in the name of the said The Asiatic Petroleum Co., (South China) Ltd., who claim to be the proprietors thereof.

This Trade Mark has been used and register- ed in the United Kingdom in the name of the Anglo-Mexican Petroleum Company, Limited, in respect of the same or similar goods as those in respect of which registration is BoW sought.

The Trade Mark is intended to be used by the applicants in Class 4 in respect of raw or partly prepared vegetable, animal and mineral substances used in manufactures not included in other classes, and is associated with Trade Mark No. 385 of 1925.

Dated the 5th day of January, 1932.

FOR THE ASIATIC PETROLEUM

CO., (S. C.) LTD.,

W. H. BELL, Attorney.

(FILE No. 12 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs

Melchers & Co, Importers and Ex- porters, No. 3, Chater Road, Queen's Building, Victoria, in the Colony of Hong Kong, have applied on the 11th day of December, 1931, to the Registrar of Trade Marks for the re- gistration in Hong Kong, of the following Trade Mark :-

GARBOL!

LINEUM

AVENADIUS

in the name of Messrs. Melchers & Co., and on behalf of Messrs. R. Avenarius & Co., of Stuttgart, Germany, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 1 in respect of :-

Wood preservative paint, since 1890. Facsimile of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 5th day of February, 1932.

MELCHERS & CO.,

AGENTS FOR MESSRS. R. AVENARIUS & Co.

Applicants.

}

(FILE No. 414 or 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Yee Tai Long

of No. 9, Queen's Road West, (first floor), N

　　　Victoria, in the Colony of Hong Kong, have, on the 7th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

隆泰怡

自製國產

各種菓子

TRADE

MARK

YEE TAI LONG

PRESERVED ALL

KIND FRUITS

in the name of Yee Tai Long, who claim to be the proprietors thereof.

　　　　　Such Trade Mark has not hitherto been used but it is the intention of the Yee Tai Long to use it forthwith in respect of :-

Preserved fruits in Class 42. Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 5th day of February, 1932.

YEE TAI LONG

No. 9, Queen's Road West,

(First Floor),

Hong Kong, Applicants.

(FILE No. 25 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby giv

Foreign Knitting Company of China Limited of No. 93, Wing Lok Street, Victoria, Hong Kong, have, on the 28th day of January, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :--

限有造鐵

113

(FILE No. 12 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs. Melchers & Co., Importers & Exporters, No. 3, Chater Road, Queen's Building, Victoria, in the Colony of Hong Kong, have applied on the 11th day of December, 1931, to the Re- gistrar of Trade Marks for the registration, in Hong Kong, of the following Trade Mark:-1.

布

商德

記為雀孔 SOLE IMPORTERS

MELCHERS & Co

HONGKONG & CHINA

美

in the name of Messrs. Melchers & Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 50 in respect of Glass Paper and Emery Cloth.

Facsimile of the above Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of January, 1932. -

MELCHERS & CO., Applicants.

(FILE No. 431 OF 1931)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Nam King Factory of No. 290, Sai Wan Ho, in the Colony of Hong Kong, have, on the 22nd day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz:

AMKING

FACTORY

(FILE No. 323 or 1931)

TRADE MARKS. ORDINANCE, 1909. ·

Application for Registration of Trade Marks.

NOTICE is hereby given that The Anglo-

Indian Drug and Chemical Company of 285 Juma Musjid Market, Bombay, India, Merchants, have, on the 23rd day of July, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks:

(1)

KAMINIA

(2)

DIL-BAHAR

in the name of The Anglo-Indian Drug and

Chemical Company, who claim to be the sole

proprietors thereof.

The Trade Marks have been used by the Applicants in respect of:--

Perfumery (including toilet articles, pre- parations for the teeth and hair and perfumed soap) in Class 48 since 1st July, 1908 and 15th January, 1906, respectively.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE NO. 392 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TRADE

MARK

TRADE

MARK

in the name of the said Chinese Foreign Knitting Co., of China Ltd., who claim to be the proprietors thereof.

　　　The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Articles of Clothing in Class 38.

Dated the 5th day of February, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

in the name of the said Nam King Factory, who claim to be the proprietors thereof.

The above Trade Mark is to be used by the Applicants in respect of :-

Electric torch-lights in Class 8. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 5th day of February, 1932.

THE NAM KING FACTORY,

No. 290, Sai Wan Ho,

Hong Kong,

Applicants.

in the name of the said Chung Nam Flashlight Factory, who claim to be the proprietors there-

of.

The Trade Mark is intended to be used by the applicants in class 8 in respect of Electric Flashlights.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 4th day of December, 1981.

A. E. HALL & CO., Solicitors for the Applicants, No. 36, Queen's Road Central,

Hong Kong.

(FILE NO. 1 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Dunlop

Rubber Company, Limited, of Fort Dun- lop, Erdington, Birmingham, England, have, on the 9th day of November, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz :-

DUNLOP

in the name of the said Dunlop Rubber Com- pany, Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods respectively, in the following classes respec- tively, viz :-

Rubber Footwear in Class 38 and Golf

and Tennis Balls in Class 49.

Dated the 5th day of February, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants,

No. 8, Des Vœux Road Central, Hong Kong.

(FILE NC. 393 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The On Yan

(R)

114

(FILE NO. 390 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Chuan Chiong Firm (A) of 204, Wing Lok Street, Hong Kong, have, by an application dated the 14th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

FOUR CANDLE

CHUAN CHIONG

MADE IN CHINA

in the name of the said Chuan Chiong Firm who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in respect of Articles of Clothing in Class 38.

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants.

St. George's Building,

Hong Kong.

(FILE No. 402 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that the Shiu Wah Knitting Factory of Nos. 351, 353 and 357 Lai-Chi-Kok Road, Kowloon, in the day of November, 1931 applied for the registra- Colony of Hong Kong, Merchants, on the 27th day of November, 1931 applied for the registra tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

Company, of No. 56, Lower Lascar Row, ground floor, Victeria, in the Colony of Hong Kong, have, on the 19th day of November, 1931, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

***

蟾

商蜍

TRADE MARK

港

In the Matter of The Companies Ordin-

ances, 1911,

and

In the Matter of The Wings Mineral Re-

fining Company, Limited.

NOTI

(IN VOLUNTARY LIQUIDATION)

OTICE is hereby given pursuant to Section 181 of the Companies Ordinance, 1911, that a Meeting of Creditors of the above- named Company will be held at No. 166, Des Voeux Road West, Victoria, in the Colony of Hong Kong, on Monday the 15th day of February, 1932, at 2 o'clock in the afternoon for the purposes in that Section prescribed.

Dated the 5th day of February, 1932.

WONG TSO WING, Liquidator.

(FILE No. 338 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Ho Cheuk

Wan of No. 172, Tung Choi Street, Mongkok, in the Dependency of Kowloon and Colony of Hong Kong, has, on the 3rd day of October, 1931, applied to the Registrar of

Trade Marks for the registration in Hong Kong, of the following Trade Mark:-

濟潘何堂德善

始創補腦强身丸各項

尤散膏丹三蛇胆葯品標

『標商氏雲倬何

in the name of Shin Tak Tong Ho Pun Chai who claims to be the proprietor thereof.

The Trade Mark has been used by the ap- plicant in respect of medicines medicine pills and powder in Class 3 for over 20 years.

A facsimile of such Trade Mark can be seen at the Office of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

HO CHEUK WAN, Applicant.

}

in the name of The On Yan Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 2 in respect of Mosquito Destroyer.

Facsimile of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building, Chater Road, Hong Kong.

册

註

衫線牌桂丹

in the name of The Shiu Wah Knitting Factory who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in class 38 in respect of Singlets.

Facsimile of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the Undersigned.

Dated the 4th day of December, 1931.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

NEW

VEHICLES & TRAFFIC

REGULATIONS

published as Government Notification No. 50 of 1932

IS OBTAINABLE

in Booklet Form

from

NORONHA & CO.,

5, Duddell Street.

Price: $1.50

(FILE No. 370 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTI

OTICE is hereby given that The Pak Cho Tong, of No. 66, Bonham Strand East, Victoria, in the Colony of Hong Kong, have, on the 30th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

115

(FILE NO. 389 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that White Horse

LOGANS

EXTRA ACC SUPERB QLD

Highland Whisky

in the name of The Pak Cho Tong, who claim

to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of:

Medicines in Class 3.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of December, 1931.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

in the name of the said White Horse Distillers Limited, who claim to be the proprietors thereof.

The above Mark has been used by the Applicant in respect of Whisky (Class 43) since 11th day of December, 1903.

The Applicants disclaim the right to the exclusive use of the words "Superb" and

Logan's" and the figures " 1742.'

Dated the 4th day of December, 1931.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

(FILE NO. 385 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE that, unge and Bute of New York United

TOTICE is hereby given that The Singer Manufacturing Company, of

States of America, have, on the 23rd day of June, 1931, applied for the re- gistration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

SINGER

in the name of the said Singer Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

The word "Singer " has been declared to be distinctive by order of His Excellency the Governor under Section 9 (5) of the Trade Marks Ordi- nance, 1909.

Dated the 4th day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

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

118

LEGISLATIVE COUNCIL.

　　　No. S. 60.-The following Bills were read a first time at a meeting of the Council held on the 11th February, 1932:-

C.S.O. 8 in 4299/31.

A BILL

[No. 4:-4.2.32.-2.]

Short title.

Additions to Ordinance No. 6 of 1893, s. 2.

INTITULED

An Ordinance to amend the Po Leung Kuk Incorporation

Ordinance, 1893.

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.

(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.

119

for

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).

Board of

5. (1) The Board shall consist of such number of Permanent members as the Governor shall direct and shall include the Direction. 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 ex officio the vice-presidents.

Objects and Reasons.

4. The opportunity has been taken to add 5 sub-sections to section 2 of the principal Ordinance giving the Society powers to make and deal with investments similar to the powers given to the Tung Wah Hospital by sections 5 and 6 of Ordinance No. 31 of 1930.

February, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O. 1131/18.

120

[No. 5-13.1.32.-2.]

;

Short title.

Substitution

A BILL

INTITULED

An Ordinance to amend the Chinese Temples Ordinance,

1928.

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 Amendment Ordinance, 1932.

2. Sub-section (1) of section 7 of the Chinese Temples for Ordinance Ordinance, 1928, 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 :-

No. 7 of

Ordinance

No. 31 of

1930.

Revenues,

etc. of all Chinese

Temples to

control of the Chinese Temples

Committee.

(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.

مجھے

121

Objects and Reasons.

1. Under section 7 (1) (a) of the principal Ordinance, the Chinese members for the time being of the Legislative Council are ex officio members of the Chinese Temples Committee.

3. In paragraph (b) the words "for such period as he may approve have been substituted for "from time to time.'

4. In paragraph (ƒ) as enacted by Ordinance No. 31 of 1930, s. 17, the words "appointed annually by the Governor on the nomination of" have been substituted for "nominated annually by."

January, 1932.

C. G. ALABASTER,

Attorney General.

[No. 2-5.1.32.-1.]

C.S.O. 7 in 4299/31.

A BILL

INTITULED

An Ordinance to amend the Foreshores and Sea Bed Ordi-

nance, 1901.

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 Short title. Sea Bed Amendment Ordinance, 1932.

2. Section 3 of the Foreshores and Sea Bed Ordinance, Substitution 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, or for such longer term as the Secretary of State may authorise, 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 declared by the Governor in Council to be expedient to be granted for the purpose of reclamation, harbour improvement, or building, 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

for Ordinance

No. 15 of 1901, s. 3.

Power to grant Crown foreshore

leases of

and sea bed.

Substitution for proviso to Ordinance No. 15 of 1901, s. 5.

122

(2) On such consideration the Governor in Council shall have regard to the objections and also to the publié benefit which would accrue by over-ruling them.

3. The proviso to section 5 of the Foreshores and Sea Bed Ordinance, 1901, is repealed and the following proviso is substituted therefor.

Objects and Reasons.

123

3. Sub-section (4) recasts the second proviso to section 3 of the principal Ordinance, by substituting the words "rights of sea access, if any, specifically granted to the holder of any lot, abutting directly on the sea or on any tidal river or channel connected therewith, by any Crown lease' for the words "special rights of sea access, if any, of any holder of any lot, holding under a Crown lease "

January, 1932.

C. G. ALABASTER,

Attorney General.

124

Draft Bill.

―

No. S. 61.-The following bill is published for general information :-

C.S.O.

[No. 1-13.1.32.-2.]

A BILL

Short title.

Interpreta- tion.

Certification

schools.

INTITULED

An Ordinance to Provide for and Regulate Industrial and

Reformatory Schools.

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.

"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.

"Visitor" means any person appointed by the Governor under this Ordinance to be a visitor of any reformatory or certified Industrial School.

Certified Industrial Schools.

3. The Governor in Council may, upon the application of industrial of the manager of any school or institution in which indus- 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

· 125

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.

4. (1) The manager of a certified industrial school may Manager make all necessary Rules not repugnant to this Ordinance for may make

rules subject the regulation and management of the institution under his to the charge.

approval

of the Governor

(2) No such Rules shall be enforced until they have been in Council. submitted to and approved of by the Governor in Council.

5.-(1) A report of the condition and management of Report on every certified industrial school shall be made to the Governor conditions. 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

relinquish 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.

managers.

7. The manager of a certified industrial school may Privilege & decline to receive any youthful offender proposed to be sent liability of 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.

8. (1) Whenever the certificate is withdrawn from or Effect of relinquished by the manager of a certified industrial school, withdrawal

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.

(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.

certificate.

Regulations

as to re-

mission of

sentences.

Governor

may establish reformatory schools.

Any prison

126

(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 schools for the reformation of youthful offenders.

(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.

Penalty for obstructing

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.

　　　(2) Any manager who at any time refuses admittance to visitors and any such visitor, or to any Judge of the Supreme Court, or others having to any Member of the Executive or Legislative Council, or the right of 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.

127

Youthful Offenders.

schools law-

16. Every reformatory school and every certified indus- Reformatory trial school shall be a lawful place of detention for such and certified youthful offenders as are ordered to be detained therein, and ful places shall be subject to be inspected and reported on as herein of detention. provided.

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;

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.

Religious persuasion

128

18. In selecting the place of detention to which a perder youthful offender is to be sent the court shall have regard, so far as practicable, to the religious persuasion of the youthful offender.

to be considered.

Duties and

powers of manager.

Discharge of offender.

Power to apprentice Offender.

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 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.

Power to apprentice youthful offender.

21. (1) The manager of a reformatory or certified industrial school may, if the youthful offender consents there- 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.

129

(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.

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.

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 managers. offender in consideration of such payments as are agreed on.

24. (1) Any court having power to order a youthful Expenses of offender to be sent to a reformatory or certified industrial offenders. 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.

(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.

Punishment

130

(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.

Penalties for assisting escape.

(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.

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

(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:

131

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.

custody of

29.-(1) The order of detention made by a court in Provisions pursuance of which a youthful offender is sent to a reforma- as to tory or certified industrial school shall be in writing under person the hand of the presiding magistrate and the seal of the detained, 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 or 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.

(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.

Evidence of certification.

Service

of notice.

Order not to be invalidated by subse-

quent proof of age.

Power to

tions.

132

32.-(1) The production of the Gazette containing a 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.

(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.

133

Objects and Reasons.

1. This Ordinance was one of the two drafted by the Committee appointed to report on the measures required for the institution of Juvenile Courts in Hong Kong.

2. As stated in the Committee's Report it contains all the main provisions of the old Reformatory Schools Ordi- nance, No. 11 of 1901, which it repeals, and it provides generally for the institution and regulation of such establish- ments.

3. It is closely modelled on the English law and the Straits Settlements Ordinance No. 47, with only such amendments as the Committee considered necessary to suit local conditions.

January, 1932.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 62.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

12th February, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

133

Objects and Reasons.

1. This Ordinance was one of the two drafted by the Committee appointed to report on the measures required for the institution of Juvenile Courts in Hong Kong.

3. It is closely modelled on the English law and the Straits Settlements Ordinance No. 47, with only such amendments as the Committee considered necessary to suit local conditions.

January, 1932.

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 62.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

12th February, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

134

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 63.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the

　Hawaiian Is- lands.

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301,

12th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT Office, South.

No. S. 64.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 26th day of February, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $15,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Price.

Annual Upset Crown

Rent.

Tsun Wan Demarcation District

No. 390. Lot No. 170. Extension.

Sham Tseng.

...

400

20,000

Subject to readjustment as

provided by the Conditions of

Sale.

134

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 63.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the

　Hawaiian Is- lands.

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301,

12th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT Office, South.

No. S. 64.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 26th day of February, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $15,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Price.

Annual Upset Crown

Rent.

Tsun Wan Demarcation District

No. 390. Lot No. 170. Extension.

Sham Tseng.

...

400

20,000

Subject to readjustment as

provided by the Conditions of

Sale.

135

SPECIAL CONDITIONS.

　　1. The purchaser, his executors, administrators and permitted assigns shall not, except by way of mortgage, sell or otherwise dispose of or assign the lot in question, without the consent of His Excellency the Governor unless and until he has expended upon the erection of buildings on the lot the sum required in clause 9 of the general conditions of sale.

　　2. The design of the exterior elevations and the disposition of any building to be erected on the lot shall be subject to the special approval of the Director of Public Works and in no case may the height of any building erected on the lot exceed 35 feet except with the consent of the Director of Public Works.

　　3. The Purchaser shall construct substantial retaining walls, where necessary to obviate landslips, in the event of his cutting away the hill to level the site. Should a landslip occur as a result of such cutting or levelling, the purchaser will be held responsible for any damage resulting from or brought about by such landslip.

　　4. The drainage of any buildings erected on the lot shall be disposed of as may be required by the Director of Public Works, and the purchaser must make all arrange- ments at his own expense and to the satisfaction of the Director of Public Works for the disposal of foul or contaminated water by the construction of septic tanks or otherwise as that officer may require, and the purchaser shall be solely liable for any damage or nuisance caused thereby.

5. The purchaser shall construct to the satisfaction of the Director of Public Works such drains or channels as that officer may consider necessary to intercept and carry off storm-water flowing on to the lot from the hillside.

　　6. The purchaser of the lot shall make his own arrangements with regard to water supply.

7. A right-of-way from the Kowloon to the Castle Peak Road to the lot on a line to be approved by the Director of Public Works will be given. The purchaser of the lot shall construct a road or path on the piece of ground over and along which such right- of-way shall be given at such time or times and in such manner as the Director of Public Works may direct and shall uphold, maintain and repair such road or path and every- thing forming portion of or appertaining to it to the satisfaction of the Director of Public Works, and the purchaser shall be responsible for the whole as if he were absolute owner thereof. Any alteration of the Government road to which the right-of-way is given absorbing a portion of such piece of ground or affecting the gradient thereof shall not give rise to any claim by the purchaser who shall carry out all consequent alterations to such road or path constructed by him.

8. The purchaser of the lot shall pay the cost of removing any Chinese graves at present on the area, if such removal becomes necessary; the work to be done by the owners, or failing them, by the Tung Wah Hospital authorities.

9. The purchaser of the lot must notify the Superintendent of Botanical and Forestry Department in the event of his requiring the removal of any trees from the lot, which may interfere with building operations. Such trees will be removed by the said Super- intendent.

11th February, 1932.

J. S. MACLAREN, District Officer, Southern District.

! .

136

DISTRICT OFFICE, NORTH.

　　　No. S. 65. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for permission to obtain clay from a parcel of Crown Land at Lung Kwo Tan, in D. D. 138, N. T.", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th February, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1935, of the piece or parcel of ground, containing about one square mile, shown edged red on plan signed by the District Officer, North, and dated 23rd January, 1932, but subject to certain conditions which can be ascertained at the office of the District Officer, North, or the Director of Public Works.

Upset annual fee $1,000.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $200 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if the tenderer refuses to carry out his tender and comply with the conditions, should the tender be accepted.

Form of tender and further particulars can be obtained from the office of the District Officer, North.

The Government does not bind itself to accept the highest or any tender.

T. MEGARRY,

District Officer, North.

12th February, 1932.

s憲示第六十五號

大埔理民府微

來本署詢取所投之票價格低昂任由政府棄取或總棄不取此佈不要或不遵章辦理則將保証金充公如欲知詳細章程及投票格式可百圓取回收條卽將收條與所投之票同寄布政司以爲保証金如投得可來署詢取每年底價一千圓又凡欲投票者須先往庫務司署繳銀二名所繪之圖則内填紅色者指明之投得之人須遵照章程辦理該章程年十二月卅一日止,該地約一英方里經於本年一月廿三號由本府署日正午以前寄至布政司署由通告投票允准之日起至一千九百卅五限約份政府公地採取缸瓦坭字樣於一九二年二月廿九日星期壹府公地之缸瓦坭如欲投票者須繕票三張其封面須標明係投新界界布告事照得現招人投票採取新界界限約份第一百卅八號龍菓灘政

政篇

一千九百卅二年

二月

月

十二日

137

PUBLIC WORKS DEPARTMENT.

　No. S. 66. The following description and terms of the proposed lease of certain Crown Land at Sham Tseng, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in Sq. feet.

Annual Pre-

Rental. mium.

About

Tsun Wan Marine Lot No. 6.

Sham Tseng.

As per sale plan.

105,580 242

1,583.70

　A plan of the lot, signed by the Director of Public Works, can be seen at the Office of the Public Works Department.

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

　1. In consideration of payment of the premium and upon completion of the works agreed on to the satisfaction of the Director of Public Works, it is proposed to grant a Crown Lease of the whole area coloured red on the saïd plan and having a total area of 105,580 square feet for a term of 75 years, commencing from the 1st July, 1898, renew- able for a further term of 24 years less the last 3 days thereof at a re-assessed Crown Rent.

　The amounts of the premium and Crown Rent are subject to re-adjustment when the works agreed on have been completed in accordance with the area actually occupied.

　2. The Crown Lease of the area coloured red on the said plan will be subject to and contain all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Lease of Marine Lots in the Colony of Hong Kong; the Lease will also specify the purpose for which the land is leased (i.e., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators, and assigns, or successors and assigns (as the case may be) failing, at any time during the continuance of the term of the said Lease to use the demised land for the purpose so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor, then it shall be lawful for His Majesty, His Heirs, Successors or Assigns, by the Governor or by any officer authorised by him in writing, to re-enter on the land, foreshores and Sea beds included in and demised by such Lease or any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease will also contain in particular a reservation to the Crown of all mines and minerals under the demised land. The Lease will also contain a proviso that the Lessee is to have the option of renewing the Lease for a further term of 24 years less the last 3 days thereof at a re-assessed Crown Rent to be fixed by the Surveyor of His Majesty the KING.

　3. The Lessee of the lot will also have to pay the sum of $10 for each additional boundary stone required to define the lot, and the prescribed fee for the Crown Lease.

HAROLD T. CREASY,

Director of Public Works.

12th February, 1932.

138

PUBLIC WORKS DEPARTMENT.

　　　　No. S. 67.-Notice is hereby given under section 3 of The Foreshores and Sea Bed Ordinance, 1901, that all persons having any objections to the granting of the lease as above described must send in particulars of their objections in writing to the Colonial Secretary before the expiration of a period of one month from the 12th day of February, 1932, and all such objections will be considered by the Governor in Council.

And notice is also given that if after the expiration of such period of one month the Governor in Council shall declare it to be expedient to grant a lease of the said lot the said proposed sale will be proceeded with, and that the Crown Lease of the lot shall be deemed to demise to the lessee the foreshores or Sea beds included in such lease free and discharged from all rights, privileges, profits-a-prendre, and easements, whether public or private, which may have existed or may be claimed in or over such foreshore and sea bed, so far as is necessary for carrying out the purpose for which the land is leased.

12th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTment.

No. S. 68.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 29th day of February, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Contents in

Annual

Upset

Sale.

Sq. feet.

Rent. Price.

feet.

feet. feet.

feet.

About

Inland Lot No. 3326.

Adjoining Inland Lot

As per sale plan.

870

2,610

No. 2506,

Yuen Yuen Street,

Wong Nei Chung.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

12th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

No. S. 69.

139

NOTICES TO MARINERS.

No. 12 of 1932.

Hong Kong-Lei u mun (Lyemun).

　　Alteration in light :-On 1st April, 1932, the character of the light at Siu Chau Wan on the North side of the pass will be altered to Flashing Green every 5 seconds.

Hong Kong, 5th February, 1932.

No. 13 of 1932.

G. F. HOLE,

Harbour Master, &c.

　　SWATOW. Sugar Loaf and Good Hope Lights will be extinguished from 12th February until further notice.

The port will be closed from 5 p.m. until 7 a.m.

Authority:-Chinese Maritime Customs.

Hong Kong, 11th February, 1932.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, North.

No. S. 51.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Quarry near So Kun Wat, New Territories", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of February, 1932, for the occupation for a period commencing from the date of notification. of acceptance of tender and ending on 31st December, 1934, of the piece or parcel of ground as shown coloured red on a plan signed by the District Officer, North and dated 30th January, 1932, and subject to the conditions which can be ascertained at the office of the District Officer, North.

Upset annual fee $50.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

　　Form of tender and further particulars can be obtained from the office of the District. Officer, North.

The Government does not bind itself to accept the highest or any tender.

T. MEGARRY, District Officer, North.

5th February, 1932.

र

141

HONG KONG AND SHANGHAI BANKING CORPORATION

ONE HUNDRED AND SIXTEENTH

REPORT OF THE BOARD OF DIRECTORS REPORT

TO THE

ORDINARY TEARLY GENERAL MEETING OF

SHAREHOLDERS

TO BE HELD AT THE

OFFICES OF THE HONG KONG AND SHANGHAI BANKING CORPORATION, 1 QUEEN'S ROAD CENTRAL, HONG KONG

on Saturday, the 27th., February, 1932.

A 11.30 A.M.

To the Proprietors of the

GENTLEMEN,

HONG KONG AND SHANGHAI BANKING CORPORATION.

The Directors have now to submit to you a General Statement of the affairs of the Bank, and Balance Sheet for the year ending 31st. December 1931.

　　　　The net profits for the year, together with $3,429,093.38, balance brought forward from last account, after paying all charges, deducting interest paid and due, and making provision for bad and doubtful accounts and contingencies, amount to $19,898,554.63.

The Directors recommend writing off Bank Premises Account the sum of $500,000.

After making this transfer, deducting the Interim Dividend of £3 per share, paid on 10th. August last, viz. :-£480,000 @ 1/01 = $9,216,000, and remuneration to Directors, there remains for appropriation $10,099,772.02, out of which the Directors recommend the payment of a Final Dividend of £3 per Share, viz., £480,000 which, at 1/54, the rate of the day, will absorb $6,678,260.87.

The Balance $3,421,511.15 to be carried to New Profit and Loss Account.

　　　　The Sterling equivalents of the Assets and Liabilities are shown at 1/51, the rate ruling on the last day of the year.

DIRECTORS.

The Hon. Mr. J. J. PATERSON has been elected Chairman for the year 1932, and Mr. T. E. PEARCE has been elected Deputy Chairman.

During the year Mr. B. LANDER LEWIS resigned his seat on leaving the Colony.

Mr. J. P. WARREN, Mr. W. H. BELL and Mr. T. H. R. SHAW retire in rotation, but being eligible for re-election, offer themselves accordingly.

AUDITORS.

　　　　During the year Mr. C. BERNARD BROWN resigned owing to pressure of business. Mr. H. R. Forsyth was appointed in accordance with Article 147, Section 6, of the Bank's Ordinance.

　　　　　The Accounts have been audited by Mr. JOHN FLEMING, C.A. and Mr. H. R. FORSYTH, C.A., who offer themselves for re-election.

HONG KONG, 5th. February, 1932.

C. G. S. MACKIE,

Chairman.

ABSTRACT OF ASSETS AND LIABILITIES, HONG KONG AND SHANGHAI BANKING CORPORATION.

31st. December 1931.

LIABILITIES.

UTHORISED CAPITAL:-

400,000 Shares of $125 each .$ 50,000,000

STERLING EQUIVALENT.

SSUED AND PAID UP CAPITAL:-

160,000 Shares of $125 each

£1,437,500. 0. 0

$20,000,000.00

ESERVE LIABILITY OF PROPRIETORS:-- $125 per Share on 160,000 Shares

issued

$ 20,000,000

DOLLARS.

CASH :-

ASSETS.

(Including $57,500,000 Coin lodged with the Hong Kong Government and $8,700,000 Coin lodged with H.B.M. Consul-General, Shanghai, against authorised and/or excess note circula- tion).

BULLION IN HAND AND IN TRANSIT:- (Including $47,400,000 Bullion lodged with Hong Kong Government against authorised and/or excess note circulation)

STERLING EQUIVALENT.

DOLLARS.

£10,188,903.15. 2

$141,758,661.02

5,221,591. 3. 9

72,648,225.18

TERLING RESERVE

ILVER RESERVE

NOTES IN CIRCULATION :-

6,500,000. 0. 0

718,750. 0. 0

90,434,782.55

10,000,000.00

BRITISH GOVERNMENT, INDIAN, COLONIAL AND OTHER SECURITIES

17,553,860. 9. 0

244,227,623.64

(Authorised and Additional Issue against Securities, Bullion, and Coin amounting to $151,819,589.57 deposited with the Crown Agents for the Colonies, their Trustees, and the Hong Kong Government)

CURRENT ACCOUNTS.

9,288,789. 6.10

129,235,330.00

BILLS DISCOUNTED, LOANS AND CREDITS. BILLS RECEIVABLE AND BALANCE OF REMITTANCES AND DRAFTS IN TRANSIT LIABILITIES OF CONSTITUENTS FOR AC- CEPTANCES PER CONTRA.

31,070,580. 3. 8

432,286,332.97

9,939,862.10. 0

138,293,739.12

78,394.17. 8

40,108,025. 7. 8

558,024,700.98

BANK PREMISES

1,409,488. 9. 6

1,090,711.41

19,610,274.49

TIXED DEPOSITS

BILLS PAYABLE :-

15,485,949.16. 8

215,456,693.32

(Including Call Loans and Short Sight Drawings on London Office and Drafts on Bankers).

ACCEPTANCES ON ACCOUNT OF CONSTI- TUENTS

PROFIT AND LOSS ACCOUNT.

London

1,083,413. 7. 8

15,073,577.55

78,394.17. 8

1,090,711.41

761,858.12. 3

10,599,772.02

Liability on Bills of Exchange re-discounted, £1,864,777:17:8 of which £1,697,468:15:6 have since run off.

£75,462,681. 8. 9

$1,049,915,567.83

STERLING EXCHANGE TAKEN AT 1/51.

£75,462,681. 8. 9 $1,049,915,567.

GENERAL

Dr.

PROFIT AND LOSS ACCOUNT, HONG KONG AND SHANGHAI BANKING CORPORATION.

31st. December 1931.

Cr.

DOLLARS.

By BALANCE OF UNDIVIDED PROFITS, 31st December 1930

$3,429,093.38

9,216,000.00

82,782.61

AMOUNT OF NET PROFITS FOR THE YEAR ENDING 31ST. DECEMBER 1931 after making provision for bad and doubtful debts and con- tingencies, deducting all Expenses and Interest paid and due

16,469,461.25

19,898,554.63

INTERIM DIVIDEND :-

Paid on 10th. August 1931, of £3 per Share on 160,000 Shares = £480,000 @ 1/03

REMUNERATION TO DIRECTORS £5,000.

BALANCE TO BE APPROPRIATED :-

FINAL DIVIDEND :-

Of £3 per Share on 160,000 Shares £480,000 @ 1/51-

TRANSFER TO BANK PREMISES ACCOUNT

· BALANCE forward to next year

$ 6,678,260.87

500,000.00

3,421,511.15

10,599,772.02

19,898,554.63

o Balance.

'o Balance.

V. M. GRAYBURN, Chief Manager.

E. W STAGG, Acting Chief Accountant.

STERLING RESERVE.

STERLING.

£6,500,000: 0: 0

STERLING.

By Balance 31st. December 1930.

.£6,500,000: 0: 0

SILVER RESERVE.

DOLLARS.

10,000,000.00

By Balance 31st. December 1930

C. G. S. MACKIE, J. J. PATERSON, T. E. PEARCE,

Directors.

DOLLARS.

10,000,000.00

We have audited the above Balance Sheet with the Books, Vouchers and Securities at the Head Office and with the certified returns from the Branches and Agencies made up to 31st. December 1931, with the exception of certain distant offices where the year is closed on 31st. October or 30th. November.

We have obtained all the information and explanations we have required. In our opinion such Balance Sheet is full and fair, and properly drawn up so as to exhibit a true and correct view of the Corporation's affairs according to the best of our information and the explanations given to us and as shown by the Books of the Corporation.

•

HONG KONG, 5th. February, 1932.

JOHN FLEMING,

H. R. FORSYTH,

Auditors.

Chartered Accountants,

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY,

No. 23 of 1928.

Notice of Intended Dividend.

Re Yan Kwai trading as Yan Kwai Kee of No. 86, Temple Street South, (1st floor), Yaumati in the Depen-

145

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25

of 1923, Notice is hereby given that Tung On

In The Goods of Charles Evelyn Fergu- Tong(), Lau Hung Yan

son, of Riverside, Saltford, in the

County of Somerset, England, de-

ceased.

), Kwan Tsun (H), Lam Cheung (章林), Li Wing(李

dency of Kowloon and Colony of NOTICE is hereby given that the Court has), Chuen Fook Tong (†),

Hong Kong, Contractor.

first and final dividend is intended to be declared in the matter of the above- named debtor adjudicated bankrupt on the 9th day of November, 1931.

Creditors who have not proved their debts by the 11th day of March, 1932, will be ex- cluded.

Dated the 11th day of February, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 5 of 1931.

Notice of Dividend Declared.

Re The Hop Cheong Navigation Co., of No. 69. Connaught Road West, (2nd floor), Victoria, in the Colony of Hong Kong, Shipping Merchants.

A First and final dividend of $4 per cent

has been declared in the above-matter.

NOTICE is hereby given that the above-

　　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 16th day of February, 1932, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 10 of 1931.

Re The On Cheong Wing Kee firm and Wong Yan, the Managing partner thereof both of No. 8, Li Sing Street, Victoria, in the the Colony of Hong Kong.

First and final dividend of $5.50 per cent has been declared in the above matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at

the Official Receiver's Office, Victoria, afore- said, on the 17th day of February, 1932, be- tween the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 12th day of February, 1932.

E. L. AGASSIZ,

Official Receiver.

THE TRUSTEES OF THE CHURCH OF ENGLAND IN THE DIOCESE OF VICTORIA. HONG KONG.

IN PURSUANCE of Section 4 of the Church of England Trust Ordinance 1930, Ordin- ance No. 2 of 1930, it is hereby notified that the following change has been made in the Constitution of the Trustees of the Church of England, in the Diocese of Victoria, Hong Kong.

Philip Jacks, to be a

Trustee, nice Geoffrey

Samuel Arehbutt.

as represent-

ing St.

John's

Cathedral.

Dated the 12th day of February, 1932.

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an Order limiting the time for creditors and others to send in their claims against the above estate! to 11th of March, 1932.

hereby required to send their claims to the undersigned on or before that date.

Yuen Kee (記源), Hop Kee(記合), Fong Ling Tong(j), Tai Hing Tong (泰興堂), Kin Ding Tong (見

All Creditors and others are accordingly 定堂), Chuen Fun Tong (全芬堂) Kwan Yick Ho), Cheung Kee Ho), Ching Tin Tong 堂天澄 ), Lok Tin Tong(樂天堂) Kar Yuen Tong (堂元家),Wing On Tong(堂安永)and Mau Kee(懋 ), all of Victoria in the Colony of Hong

Dated the 9th day of February, 1932.

DEACONS,

Solicitors for the Executrix,

1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Cecile Maria Tog late

the Colony Hong Kong, deceased.

Kong, trading under the name of style of Sam

Mam Hing Kee Restaurant (ERR 酒家) at No. 230, Queen's Road West,

Victoria aforesaid, are desirous of transferring the business of the said Sam Man Hing Kee

Restaurant (家酒記興民三)to

Ching Tin Tong(), Lok Tin Tong (堂天樂), Kar Yuen Tong (家

of The Peninsula Hotel, Kowloon in 元堂),Wing On Tong (堂安永) and Man Kee(), all of Victoria afore- said on the 29th day of February, 1932.

OTICE is hereby given that the Court

has by virtue of Section 58 of Ordinance No. 2 of 1897, made an order limiting time for creditors and others to send in their claims against the above estate to the 3rd day of March, 1932.

All Creditors and others are accordingly hereby required to send in their claims to the undersigned on or before that date.

The Transferees intend to carry on the said aforesaid and will not assume the liabilities business at No. 230, Queen's Road West, incurred by the Transferors in the said business otherwise than has been agreed upon.

Dated this 28th day of January, 1932.

Date the 12th day of February, 1931.

WILKINSON & GIRST, Solicitors for the Administrator, 2, Queen's Road Central, Hong Kong.

同安堂

見定堂

劉鴻恩

全芬堂

關俊

均益號

林章

祥記號

李榮

澄天堂

IN THE SUPREME COURT OF

HONG KONG,

全福堂

樂天堂

源記

家元堂

合記

永安堂

泰興堂

懋記

方齡堂

PROBATE JURISDICTION.

In the Goods of Walter Ross sometime resided at Forres, Morayshire, Scotland but late of Saigon French- Indo China, deceased.

NOTICE

OTICE is hereby given that the Court has by virtue of Section 58 of Probate Ordinance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 11th day of March, 1932.

All Creditors and others are accordingly

hereby required to send their claims to the undersigned on or before that date.

Dated the 9th day of February, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executor,

Prince's Building,

Ice House Street,

Hong Kong.

Intended Transferors.

澄天堂

樂天堂

家元堂永安記

懋記

Intended Transferees.

(FILE No. 426 of 1931) TRADE MA RKS ORDINANCE 1909.

Application for Registration of a

Trade Mark.

NOTICE is hereby given that The-Kai

Seung Knitting Factory of No. 197, Ki Lung Street, Shamshuipo, Kowloon, in the Colony of Hong Kong, have, on the 17th day of

December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

KAI SEUNG

商

標

唘

線

品出廠造織常啟

in the name of The Kai Seung Knitting Factory,

who claim to be the proprietors thereof.

　　　　　　　The Trade Mark has been used by the Applicants in respect of Articles of Clothing in Class 38 since the 1st day of June, 1930.

Dated the 8th day of January, 1932.

A. EL ARCULLI,

Solicitor for the Applicants,

No. 14, Queen's Road Central,

Hong Kong.

146

(FILE No. 432 of 1931)

THE TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Mitsui Bussan Kaisha Limited, of Japan a Company registered under the laws of Japan having a branch office at No. 5, Ice House Street, Central, Victoria, in the Colony of Hong Kong, have, on the 23rd day of November, 1931, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark viz:-

MITLITE

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors there-

of.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz :-

Lamps (ordinary) and Electric Lamps

(ordinary in Class 13.

}

Dated the 8th day of January, 1932.

HASTINGS, DENNYS BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

(FILE No. 436 of 1931.)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Kung Kee Battery Company, of No. 135, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of December, 1931, applied for the registration in Hong Kong, in the I.egister of Trade Marks, of the following Trade Mark,

viz :-

FILE No. 23 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of a Trade Mar k.

OTICE is hereby given that Leung Fook

NOTICE is

Fook

Street, in the Portuguese Colony of Macao, have, on the 22nd day of January, 1932, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark:-

OM TAI

FO OD

TRADE

MARK

標商

in the name of Leung Fook Tai Firm, who claim to be the proprietors thereof.

The above Mark has been used by the said Firm in respect of Oyster and Shrimp Sauces in Class 42 for the last 25 years.

Dated the 12th day of February, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

(FILE No. 275 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade-Mark.

NOTICE is hereby given that Sharp &

Dohme, Incorporated, a corporation

organized under the laws of the State of Mary- land, of 'hiladelphia, Pennsylvania, United States of America, Manufacturers, have, on the 23rd day of June, 1931, applied for the Registration in Hong Kong, in the Register of Trade-Marks of the following Trade-Mark:-

K.K.

KUNG KEE

NO.725

The Flashlight Battery with Staying Power

K.K.

REG.IN CHINA

GUARANTEE

THIS CELL HAS BEEN INSPECTED AND TESTED AND LEAVES OUR FACTORY IN PERFECT CONDITION WE GUARANTEE THAT IT WILL GIVE SERVICEABLE LIGHT LONGER THAN ANY OTNER CELL OF SAME DIMENSIONS USED UNDER COMPARABLE CON, DITIONS. SHOULD IT FAIL TO DO THIS. WE WILL EITHER RE. PLACE IT OR RETURN YOUR MONEY

KUNG KEE BATTERY COMPANY

FUNG NING ROAD CANTON CHINA

COPYRICHT 1930 BY KUNG KEE BATTERY COMPANY

FUNG NING ROAD CANTON CHINA

PATENT NISMNERS

LATĚ DR More) ..614.195 1397.193

1 002 196

725

MADE IN CHINAS

in the name of the Kung Kee Battery Company, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by Applicants forthwith in Class 8 in respect of Batteries.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned..

　　　　　　　It is hereby stated that the applicants disclaim the right to the ex- clusive use of the letters "K. K.," the figures 725" and all the written matters except the name of the firm and address.

Dated the 8th day of January, 1932,

LOT AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

in the name of Sharp & Dohme, Incorporated who claim to be the proprietors thereof.

The said Trade-Mark has been used by the Applicants since the 2nd day of April, 1930, in respect of the following goods :-

Disinfectants, in Class 2.

Antiseptic lozenges, in Class 3. The Applicants disclaim the right to the exclusive use of the letters "S & D" appearing on the Mark.

Dated the 8th day of January, 1932.

REMFRY & SON,

PATENT AND TRADE-MARK ATTORNEYS, 21, Old Court House Street,

Calcutta.

(FILE No. 400 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Hua Cheng

147

(FILE No. 401 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOT Yick Kee of No. 49, Bonham Strand,

Victoria, Hong Kong and of Shanghai in the Republic of China, have, on the 26th day of November, 1931, applied for registration in Hong Kong, of the accompany Trade Mark:-

標商凰鳳

in the name of the said Hua Cheng Yick Kee, who claim to be the proprietors thereof.

　　　The above Trade Mark has already been used by the Applicants in respect of Cardboard in Class 39.

　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 11th day of December, 1931.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

(FILE No. 398 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Sino German Trading Company of No. 137, Des Voeux Road Central, Victoria, Hong Kong, have, on the 24th day of November, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

中

OTICE is hereby given that Ferodo Limited, a British Company of, Sovereign Mills, Hayfield Road, Chapel-en-le-Frith, Derbyshire, England, Manufacturers, have, on the 26th day of November, 1931, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

FEROGRIP

in the name of Ferodo Limited, who claim to be the proprietors thereof.

Trade Mark has been used by the Applicants since 3rd September, 1931, in respect of the following goods :-

The Trade Mark is associated with Trade Mark No. 107 of 1927.

Dated the 11th day of December, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

NOTICE

(FILE No. 399 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Regant Electric Factory(喱近電器廠)

商標

册

in the name of the said Regant Electrie Factory, who claim to be the proprietors there- of.

The Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric Flashlights.

Facsimile of the above mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 11th day of December, 1931.

(FILE NO. 261 OF 1928)

A. E. HALL & CO., Solicitors for the Applicants, No. 36, Queen's Road Central, Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

[OTICE is hereby given that Royal Baking Powder Company, a cor- poration duly organized and existing under the laws of the State of New Jersey, doing business at 100, East 42nd Street, in the City, County and State of New York, United States of America, have on the 20th day of September, 1928, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

YSKING

BAKING POWDER

徳樓

樓

in the name of the said Sino German Trading Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Pencils in Class 39.

Dated the 11th day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Han V

BAKING

POWDER

ROYAL SAJONG POWDER CO

NEW YORK, AL BLA

in the name of Royal Baking Powder Company, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Applicants and or its pre- decessors since 1866, in respect of the following goods :-

Baking Powder, in Class 42.

Dated the 11th day of December, 1931.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building,

148

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent ransfer of Business Ordinance, No. 25 of 1923. Notice is hereby given that The Hung Chun Firm carrying on business as Chinese

(FILE No. 360 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Soy Factory at Kowloon Tong Lot No. 426, NOTICE is hereby given that Steger and Company of King's Building, Victoria, Hong Kong, have on the 27th day of October, 1931, applied

Kowloon in the Colony of Hong Kong (herein- after called "the Transferors") have by an Agreement in writing dated the 10th February, 1932, agreed to assign the said business to

Wong Chung Lee (4) of the Tai Shing Tong ★) of No. 139, Bel-

cher Street, 2nd floor, Victoria, in the Colony of Hong Kong (hereinafter called "the Trans- ferees") as from the 10th March, 1932.

The Transferee intends to carry on the

business at Kowloon Tong Lot No. 426, afore-

said and will not assume any liabilities incurred

in the business by the Transferors.

Dated the 10th day of February, 1931.

福呂

珍湯

Transferors,

理中黃堂成大

Transferees.

In the Matter of the Companies Ordin-

ance, 1911-1930,

and

In the Matter of The K pany, Limited.

ung Chung Com

Tan Extraordinary General Meeting of the above-named Company duly convened and held at No. 58A, Bonham Strand West, Victoria, in the Colony of Hong Kong, on Tuesday the 22nd day of December, 1931, the following resolution was duly passed and at a subsequent Extraordinary General Meeting of the members of the said Company also duly convened and held at the same place on Thurs- day, the 7th day of January, 1932, the same resolution was duly confirmed as a special re- solution, viz:-

"That the Company be wound

voluntarily and that Chan Yuk

Wing be appointed Liquidator for the purpose of such winding-up."

陳瑞祺

Chairman.

for registration in Hong Kong, of the accompanying Trade Mark :--

晶

in the name of the said Steger and Company, who claim to be the pro- prietors thereof.

The above Trade Mark is to be used by the Applicants in respect of Cotton Piece Goods in class 24.

Facsimiles of the Mark may be seen at the offices of the Registrar of

Trade Marks and of the undersigned.

Dated the 4th day fo December, 1931.

(FILE No. 254 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade-Mark.

NOTICE is hereby given that Godecke &

Co., Chem. Fabrik A.G., of 86 Kaiserin Augusta-Allee, Berlin, Germany, a corporation organized under German law, have, on the 14th day of March, 1931, applied for the Registration in Hong Kong, in the Register of Trade-Marks, of the following Trade-Mark :-

Veganin

in the name of Godecke & Co., Chem. Fabrik A.G., who claim to be the proprietors thereof. The said Trade-Mark has been used by the Applican's since the 11th day of March, 1924, in respect of the following Goods :-

Remedies for man, Class 3.

Dated the 12th day of February, 1932.

REMFRY & SON,

PATENT AND TRADE-MARK ATTORNEYS, 21, Old Court House Street, Calcutta,

IN THE SUPREME COURT OF HONG KONG.

NOTICE.

URSUANT to Section 16 of Ordinance No.

PURS

of 1871 as amended by Section 6 of Ordinance No. 19 of 1913, George Stephen Ford whose place of residence for the last twelve months has been No. 105, Waterloo Road, Kowloon Tong, and No. 15, Ho Mun Tin Street, Kowloon, in the Colony of Hong Kong, and who served his Articles of Clerkship with Mr. A. E. Hall and subsequently with Mr. D. H. Blake, both of Victoria, in the Colony of Hong Kong, Solicitors, HEREBY GIVES NOTICE that it is his intention at the expiration of one month from the date hereof to apply for his examina- tion and admission as a Solicitor of the Supreme Court of Hong Kong.

Dated the 26th day of January, 1932.

G. STEPHEN FORD, No. 2, Queen's Road Central,

Hong Kong.

WILKINSON & GRIST, Solicitors for the Applicants, Hong Kong.

NEW

VEHICLES & TRAFFIC

REGULATIONS

published as Government Notification No. 50 of 1932 IS OBTAINABLE in Booklet Form

from

NORONHA & CO.,

5, Duddell Street.

Price: $1.50

150

LEGISLATIVE COUNCIL.

No. S. 70.-The following bill is published for general information:-

C.S.O. 3154/36.

[No. 14.-15.2.32.-4.]

A BILL

INTITULED

Short title.

Applica tion.

Interpreta-

tion.

57 & 58 Vict.

c. 30, s.

22 (1).

Account.

Affidavit

for the Commis- sioner.

Applicable Schedule.

Com- missioner.

Estate.

Estate duty.

Executor.

An Ordinance to amend and consolidate the law

relating to Estate Duty.

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 Ordinance, 1932.

2. This Ordinance shall apply in the case of every deceased person dying or who shall have died 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,

"Account" means an account of the particulars and value of the estate of a deceased person in such form as may be prescribed by the Governor in Council and verified by affidavit.

"Affidavit for the Commissioner" means an affidavit in such form as may be prescribed by the Governor in Council verifying the particulars and value of the estate of a deceased person.

"Applicable Schedule" in the case of persons dying before the twenty-seventh day of 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

such other person as the Governor may 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 deemed to pass on the death of any person which is liable to estate duty.

"Estate duty" means estate duty under this Ordinance.

"Executor" means the executor or ad. ministrator of a deceased person and includes, as regards any obligation under this Ordinance,

151

any person who takes possession of or inter- meddles with the property of a deceased person or any portion thereof.

"Incumbrances" includes mortgages and Incum- terminable charges.

brances.

"Interest in expectancy" includes an estate Interest in in remainder or reversion and every future expectancy. interest whether vested or contingent, but does

not include a reversion expectant upon the determination of leases.

"Prescribed" unless otherwise stated means Prescribed. prescribed by the Governor in Council under this Ordinance.

"Property" includes movable and immov- Property. able property and the proceeds of sale thereof respectively and any money or investment for the time being representing the proceeds of sale.

death.

"Property passing on the death" includes Property property passing either immediately on the passing death or after any interval, and either certainly on the or contingently, and either originally or by way of substitutive limitation, and "on the death' includes "at a period ascertainable culy by reference to the death".

(2) For the purposes of this Ordinance,- 57 & 58 Vict A person shall be deemed competent to dispose c. 30, s. of property if he has such an estate or interest 22 (2). 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 of 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, Estate Duty save as hereinafter expressly provided, be levied and 57 & 58 Vict. paid upon the principal value, ascertained as herein- c. 30, s. 1. 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: Schedules. 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 9 & 10 Geo. in any property has, before the twenty-seventh day 5, c. 32, of February, 1931, been bonâ fide sold or mortgaged s. 29. 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

152

What pro- perty is

deemed to

pass on death.

57 & 58 Vict.

c. 30, s.

2 (1).

63 Vict.

c. 7, s. 11; 10 Edw. 7,

c. 8, s. 59.

44 & 45 Vict. c. 12,

s. 38 (2);

52 & 53 Vict.

c. 7, s. 11;

57 & 58 Vict. c. 30,

s. 2 (1);

10 Edw. 7. c. 8, s. 59.

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 deceased shall be deemed to include the property following:-

(a) property of which the deceased was at the time of his death competent to dispose;

(b) property in which the deceased or any other person had an interest ceasing on the death of the deceased, to the extent to which a benefit accrues or arises by the 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 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 cr 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

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;

(c) property taken as a donatio mortis causa made by the deceased or taken under a disposition made by him, purporting to operate as an immediate gift inter vivos, whether by way of transfer, delivery, dec- laration of trust, or otherwise, which shall not have been bonâ fide made three years before his death, or taken under any gift, whenever made, of which property bona fide 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

153

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;

44 & 45 Vict.

52 & 53 Vict.

(d) property to which the deceased has been

absolutely entitled, and which he has caused c. 12, to be transferred to or vested in himself s. 38 (2): and any other person jointly, whether by c. 7, s. 11; disposition or otherwise (including also any 57 & 58 Vict. purchase or investment effected by the c. 30, deceased either by himself alone, or in s. 2 (1). 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;

c. 7, s. 11;

settlement made by the deceased by deed c. 12, or any other instrument not taking effect s. 38 (2); as a will, whereby an interest in such pro- 52 & 53 Vict. perty or the proceeds of sale thereof, for 57 & 58 Vict. life or any other period determinable by c. 30. reference to death is reserved, either ex- s. 2 (1). 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;

(any annuity or other interest purchased or 57 & 58 Viet,

provided by the deceased either by him- c. 30, self alone or in concert or by arrange- s. 2 (1), 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 25 & 26 Vict, from persons in the Colony to any deceased c. 22, s. 39. 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.

　　　　　　　　　　　　　　　　　　　　　　　　　c. 30, disposition made by the deceased more than three 10 Edw. 7,

તે s. 2 (3); years before his death where possession and enjoy- c. 8. s. 59. inent of the property was bonâ fide assumed by the

under

Exception to passing

f pro- perty on enlarge ment of interest of settlor.

59 & 60 Vict. c. 28, s. 14.

Reverter of property to disponer.

59 & 60 Vict. c. 28, s. 15.

Exceptions for transac- tions for

money con sideration, property situate out- side the Colony, shares on local registers and certain land in the New Terri- tories.

57 & 58 Vict. c. 30, s. 3.

154

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 the any benefit to him by contract or otherwise, property shall not be deemed to pass on the death 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.

ان

(3) Where property is settled by a person on himself for life, and after his death on any other person with an ultimate reversion of an absolute interest or absolute power of disposition to the settlor, the property shali not be deemed for the purpose of this Ordinance to pass to the settlor on the death of any such other 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.

(4) (a) Where by a disposition of any property au interest is conferred on any person other than the disponer for the life of such person or determinable on 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 I like manner as where the interest is conferred on one person.

6. Estate duty shall not be payable in respect of-

(2) property situate outside the Colony;

155

(3) any share or other interest of a deceased mem- ber of a company registered in a local register under the Companies Ordinance, 1911;

Ordinance No. 58 of

(4) any land situated in the New Territories in 1911, s. 35 respect of which a successor has been registered by (8) (4). the Land Officer under the first clause of section 29 of the New Territories Regulation Ordinance, 1910; Ordinance Provided that this exception shall not apply to

No. 34 of 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.

1910.

estate for

estate duty. 57 & 58 Vict. c. 30, s. 4.

8. (1) Estate duty shall be payable as hereinafter Payment of mentioned.

pay the

(2) The executor of the deceased shall 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 afixed 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.

estate duty. 57 & 58 Vict. c. 30, s. 6. Mode of payment.

(3) Where the executor does not know the amount Provision or value of any property which has passed on the for unknown death, he may state in the affidavit for the Com- values. 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.

cludes

(5) Every estate shall include all income accrued Estate in- upon the property included therein down to and accrued outstanding at the date of the death of the deceased. income.

(6) Interest at the rate of four per cent. per Interest am on the estate duty shall be paid from the date payable on of the death up to the date of the delivery of the

estate duty. 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.

upon

Date when duty shall

(7) The estate duty which is to be collected an affidavit for the Commissioner or on an account, become shall be due on the delivery thereof or on the expira- due. tion of six months from the death, whichever first happens.

Allowance

for debts

and funeral

expenses.

57 & 58 Vict. e. 30 s. 7 (1).

Limitation on debts deductible from value

of estate. 10 Edw. 7, c. 8, s. 57.

Value of property.

57 & 58 Viet

c. 30 s

7 (5). 10 Edw. 7, c. 8, s. 60.

156

9.-(1) In determining the value of an estate for the purpose of estate duty, allowance shall be made for reasonable funeral expenses incurred in the Colony not exceeding one thousand dollars or two and a half per cent, of the ascertained value of the estatė, which- ever is the smaller, and for debts and incumbrances, 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 or 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

and any debt or incumbrance for which an allowance is made shall be deducted from the value of the property liable thereto.

(2) Where a debt or incumbrance has been incurred or created in whole or in part for the purpose of or in consideration for the purchase or acquisition or extinction, whether by operation of law or otherwise, of any interest in expectancy in any property passing or deemed to pass on the death of a deccased person, 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

(8) 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.

157

(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- Interest in pectancy, estate duty in respect of that interest shall expectancy. be paid, at the option of the person accountable for 57 & 58 Vict. the estate duty, either with the duty in respect of c. 30 s. 7 (6). 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.

arising from

(6) The value of the benefit accruing or arising from Benefit the cesser of an interest ceasing on the death of the 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.

cesser of an interest. 57 & 58 Vict c. 30, s. 7 (7).

value

(7) The value of any property for the purpose of Ascertain- estate duty shall be ascertained by the Commissioner men of in such manner and by such means as he thinks fit, of estate and, if he authorises any person to inspect any pro- duty. perty and to report to him the value thereof for the 57 & 58 Vict. purposes of this Ordinance, the person having the c. 30, s. custody or possession of that property shall permit

7 (8). 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 Com be made by a person named by him, the reasonable missioner costs of such valuation shall be defrayed by the to pay Commissioner.

costs

of valua- tion by his nominee.

57 & 58 Vict. c. 30, 8

7 (9).

Ordinance

10. (1) The Commissioner shall have, in respect of Recovery proceedings for the recovery of estate duty and of of estate interest thereon and of any fine, penalty or forfeiture duty, etc. provided by this Ordinance, all the powers that are No. 6 of given to the Treasurer by the Crown Remedies Ordin- 1875. 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.

•

Service.

Exchequer Rules,

1860, r. 3.

Fower to appoint receiver.

57 & 58 Vict.

c. 30, s. 8 (13). Ordinance No. 3 of 1901.

158

(2) In any proceedings for the recovery of any such duty, interest, fine, penalty or forfeiture in respect of any property passing on the death of any person on cr after the first day of January, 1916, it shall not be necessary to issue concurrent writs, informations or 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 personal 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.

Delivery of accounts of property.

57 & 58 Vict. c. 30, s. 8 (3).

Beneficiaries and trustees accountable for estate duty.

c. 30,

s. 8 (4).

(4) Every executor shall, to the best of his know ledge and belief, specify in appropriate accounts. annexed to an affidavit for the Commissioner all the property in respect of which estate duty is payable upon the death of the deceased, and also (unless 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 deceased and his executor is not accountable for the estate duty in respect of such property, every person to whom any property so passes for any beneficial 57 & 58 Vict. interest in possession, and also to the extent of the property actually received or disposed of by him, every trustee, guardian, committee or other person 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.

Powers of inquiry.

57 & 58 Vict. c. 30, s 8 (5).

(6) The Commissioner may summon before him any person accountable for estate duty, and any person whom the Commissioner believes to have taken possession of or administered any part of the estate 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, and 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 in relation to any such duty. Any such person shall

159

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 deem 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 bona fide Protection purchaser for valuable consideration without notice of bonâ fide liable to or accountable for estate duty.

purchaser

without

notice.

57 & 58 Vict. c. 30, s.

8 (18).

delivered

(8) All affidavits and accounts required under Affidavits this section shall be delivered to the Commissioner, and accounts who shall make such inquiry respecting the contents to be of, or the particulars verified by, such affidavit or to the accounts and the value of the various properties Commis- included therein as he thinks necessary, and the sioner. 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.

(10) In every case in which the Commissioner is Repayment satisfied that too much estate duty has been paid, of excess the excess shall be repaid by him.

duty. 57 & 58 Vict. c. 30, s.

8 (12).

to further

(11) Where the accountable person discovers that Duty to for any reason too little estate duty has been paid disclose he shall forthwith deliver to the Commissioner & liability further account, verified by oath, and shall at the estate duty. same time pay the difference between the estate duty chargeable according to the true value of the estate and the estate duty already paid.

to further

(12) Where the Commissioner discovers that any Power to property which ought to have been disclosed by require affidavit or account has not been so disclosed he disclosure shall notify the accountable person and call upon him of liability to disclose such property and pay the estate duty 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 thereon.

(13) The Commissioner may remit the interest Power to payable on estate duty where the

where the amount of remit such interest is in his opinion so small as not to interest on repay the expense and labour of calculation and

　　　　　　　　　　　　　　　　　　　estate duty account.

(14) Every person who shall have been called upon Penalties for after the lapse of one year from the death for an breach of original account, or at any time for a further account, foregoing under sub-section (12) and every person who without 57 & 58 Vict.

　　　　　　　　　　　　　　　　　　　　　　provisions. lawful authority or reasonable excuse fails to comply c. 30, s. with any of the provisions of this section shall be liable 8 (6). to pay to the Commissioner, in addition to the estate

Probate not to be issued until estate duty paid.

When value cannot be ascertained immediately.

Deferred payment. 57 & 58 Vict. c. 30, s. 8 (9).

Increase of estate duty when delay in lodging affidavit.

Duty of Executor as to

shares.

160

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 shall be issued by the court until the Commissioner shall have certified in writing that the estate duty payable in respect of the estate has been paid or that he has allowed payment thereof to be postponed under sub-sections (2) and (3).

(2) When the affidavit for the Commissioner con- tains the statement and undertaking specified in section 8 (3), the Commissioner may allow payment 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.

(4) Where the Commissioner allows payment to be postponed under sub-section (2), he may reduce or remit any interest payable.

any

account is

12.--(1) In every case where delivered after the lapse of twelve months from the death the estate duty shall be charged at three times the rates set out in the applicable Schedule; unless 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 shali 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.

13.-(1) Every executor, within one

year after obtaining probate or letters of administration to the estate of a deceased person and before selling or unregistered otherwise disposing of any shares in any company, 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.

161

(2) Every such company, notwithstanding any 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 excuse 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) t the rate set out in the applicable Schedule.

r. 30, s. 9.

(3) A person authorised or required to pay the estate duty in respect of any property shall, for the Raising

estate duty purpose of paying the estate duty or raising the by sale amount of the estate duty when already paid, have mortgage or power, whether the property is or is not vested in terminable him, to raise the amount of such estate duty and any

charge. 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 by limited

Payment property shall be entitled to the like charge as if the owner. estate duty in respect of that property had been raised by means of a mortgage to him.

money". prised in the settlement and held upon the same

trusts.

15.-(1) In the case of property which does not Appropria- pass to the executor as such, an amount equal to the tion of proper rateable part of the estate duty may be re- estate duty. covered by the person, who being authorised

57 & 58 Vict. required to pay the estate duty in respect of any

c. 30. s. 14. 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.

Remission

and refund-

ing of estate duty on certain grounds.

Appeal to Supreme Court on payment of

or giving security for duty claim- ed.

57 & 58 Vict. c. 30, s. 10.

No appeal

162

16. The Governor in Council may remit the pay- ment of any estate duty or may order a refund of the whole or any portion of any estate duty which may have been paid to the Commissioner, for the remission or refund of which any equitable claim is proved to his satisfaction.

17.-(1) Any person aggrieved by the decision of the Commissioner with respect to the amount of estate duty payable on an affidavit or account or with respect to the repayment of any excess duty or to any claim for additional duty by the Commissioner, and whether he is aggrieved on the ground of the value of any property or the rate charged or otherwise, may, on payment of, or giving security for, as hereinafter mentioned, the duty claimed by the Commissioner or 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, from decision direction, determination or decision of the Supreme of Supreme

Court under any appeal under this section except with the leave of the Supreme Court or of the Full Court.

Court

without

leave.

Costs of appeals. Interest

on excess

repaid.

Payment

of duty before appeal may be dispensed with.

Schedule of property to be annexed to probate.

(3) The costs of the appeal shall be in the discretion of the court, and the court, where it, appears to the court just, may order the Commissioner to pay on any excess of duty repaid by him interest at such rate per cent. per annum and for such period as appears to the court just.

(4) Provided that the Supreme Court if satisfied that it would impose hardship to require the appellant as a condition of the appeal to pay the whole or, as the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then 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 such case the court may order interest at such rate per cent, per annum as appears to the court just to be 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- missioner of all the property passing on the death of a deceased person upon which estate duty has been paid or is payable on the death, and of all the property 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 ny 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 ilable to a penalty of one thousand dollars, or to à 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.

163

alfidavit.

19.(1) Every person who, being neither the Penalties executor appointed by the will of the deceased nor for inter- (in the case of an intestacy) the person entitled in meddling. priority to the administration of the estate of the deceased, 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 administers 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 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.

(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.

Disclosure

of interest

of deceased shop, bank,

person in

etc.

Ordinance

No. 58 of 1911.

Executor's accounts.

Fower to reduce penalty and duty.

Power to

Governor in Council to make rules

164

als

20. (1) Where a deceased person had, at the date of his death, any interest, whether as partner, de- positor, or creditor in any shop, bank or other business undertaking within the Colony, not being a company defined by the Companies Ordinance, 1911, or a company, association or partnership formed under or in pursuance of some other Ordinance or Act, or of a charter of incorporation, or of letters patent, the per- 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.

(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.

21. At any time or times after the date of the probate or letters of administration, it shall be lawful 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 a Statutory Declaration if the Commissioner shall so require) containing the names and addresses of a!! persons who were and are beneficially interested in the estate of the deceased, together with the 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 ma 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 months, unless he can prove to the satisfaction of the magistrate that his default was due to circumstances not under his control.

23. Subject to the provisions of this Ordinance, the Governor in Council may make such rules, prescribe such forms and generally do such things as he thinks and prescribe expedient for regulating the practice under this forms, fees

Ordinance. The powers conferred by this section and charges. shall include a power to prescribe fees and charges in receipt of affidavits for the Commissioner.

165

Presumption

standing in

24.-(1) If the registered owner of any share on a share register which is by law required to be kept as to shares within the Colony dies, such share shall for the pur- the name poses of this Ordinance be deemed to be part of the of the estate of the deceased, unless the legal personal deceased. 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 Appeal. section 17 of this Ordinance, shall lie from any decision of the Commissioner under sub-section (1) of this section.

of certain

25.-(1) If estate duty has already been paid in Relief in respect of any settled property since the date of the the case settlement, upon the death of one of the parties to settlements. a marriage, no estate duty shall be payable on the 57 & 58 Vict. death of the other party to the marriage unless such c. 30, s. 5 (2). person was at the time of his or her death or had 4 & 5 Geo. 5, been at any time during the continuance of the settle- c. 10, s. 14. ment competent to dispose of such property.

(2) For the purposes of this section, the term 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.

where

a business. the first death, the amount of estate duty payable c. 10, s. 15. 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.

Reduction of full

amount of duty where the margin

166

27. The amount of estate duty payable on an estate at the rate applicable thereto under the scale of rates of duty shall, where necessary, be reduced so as not to exceed the highest amount of duty which would be payable at the next lower rate, with the addition of the amount by which the value of the estate exceeds the value on which the highest amount of duty would 4 & 5 Geo. 5, be so payable at the lower rate.

above the limit of value is small.

c. 10, s.

13 (1).

Relief in

the case of

certain interests which do Lot fall

into posses- sion.

57 & 58 Vict. c. 30, s.

5 (3).

Calculation

28.--(1) In the case of settled property, where the interest of any person under the settlement fails or determines by reason of his death before it becomes an interest in possession, and subsequent limitations under the settlement continue to subsist, the property shall not be deemed to pass on his death.

(2) For the purposes of this section, the term settle- 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, of reversion where applicable, in the calculation of reversionary

ary interests.

Third Schedule.

Repeal of Ordinances No. 16 of 1915 and

No. 6 of

interests

30. The Estate Duty Ordinance, 1915, and the Estate Duty Amendment Ordinance, 1931, are re- pealed.

1931.

167

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

5,000 10,000

10,000

25,000

50,000

100,000

IQB4K

100,000

200,000

400,000

600,000

800,000

1,000,000

1,000,000 2,000,000

2,000,000

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

500 and does not exceed

1,000

10,000

100,000

250,000

500,000

5.50

500,000

750,000

1,000,000

6.50

1,000.000

1,500,000

1,500,000 2,500,000

2,500,000

7.50 8

168

THIRD SCHEDULE.

Table for use, where applicable, in the calculation of Reversionary interests.

Years of Value. Years of

Value. Years of

Value.

age.

Birth

946

809

426

953

802

410

958

795

395

963

787

380

964

779

366

963

770

352

960

762

338

956

753

325

951

743

311

945 41

734

298

939 42

723

284

932

713

270

924 44

701

255

916

689

238

908 46

677

222

900

664

206

891

650 80

190

883

635

175

876

621

160

870

606

146

864

592

131

859

578

117

856

565

103

853

551

850

536

847 57

525

843

512 90

838

499

833 60

486

828 61

471 93

822 62

457

816

441

Objects and Reasons.

February, 1932.

C. G. ALABASTER,

Attorney General

169

TABLE OF CORRESPONDENCE

BETWEEN

THE NEW CONSOLIDATION ESTATE DUTY ORDINANCE

AND ORDINANCE NO. 16 OF 1915.

New

Ordinance

Ordinance No. 16 of

Section

1915

Section.

Short title.

Remarks.

As amended by No. 6 of 1931, s. 2.

As amended by No. 6 of 1931, s. 3. Ordinance No. 6 of 1931, was gazetted and commenced on 27/2/81 see No. 31 of 1911, ss. 5 and 6.

As amended by No. 6 of 1981, s. 16, the priviso to which is made the second proviso to section 4.

As amended by No. 6 of 1981, s. 3 (2). In the second proviso to sub-section (1) (c) "the date" substituted for "that date", "after the commencement of this Ordinance" deleted in sub-section (4) (a).

As amended by No. 6 of 1931, s. 4. 'or by any Ordinance which may amend or be substituted for the same" delete:1 from sub-section (5) as inconsistent with sub-section (3) and unnecessary because of No. 31 of 1911 s. 14.

As amended by No. 6 of 1981, s. 5

As amended by No. 6 of 1981, s. 6.

As enacted by No. 6 of 1931, 8. 7. "of" inserted after "in respect of all pro- perty", in sub-section (4).

As enacted by No. 6 of 1931, s. 8.

ss. (2) is new and requires the companies

to effect such registration.

ss. (3) is ss. (2) as enacted by No. 6 of

1931, s. 9.

As amended by No. 6 of 1931, s. 10.

As enacted by No. 6 of 1931, s. 11.

New

170

Table of Correspondence

BETWEEN

THE NEW CONSOLIDATION ESTATE DUTY ORDINANCE

AND ORDINANCE No. 16 of 1915,-Continued.

Ordinance

Ordinance No. 16 of

Section

1915

Section.

Remarks.

As enacted by No. 6 of 1931, s. 12.

223

222

As amended by No. 6 of 1931, s. 13.

sub-sections renumbered consecutively.

Redrafted by Standing Law Committee.

As enacted by No. 6 of 1931, s. 14.

The last sentence is new.

As enacted by No. 6 of 1931, s. 15.

Do. 27th day of February 1931 substituted

for commencement of Ordinance.

First

Schedule

Second Second Schedule Schedule

Third Third Schedule Schedule

See No. 6 of 1931, s. 16 (3).

Repeals No. 16 of 1915 and No. 6 of 1981.

Schedule to No. 6 of 1931.

As amended by No. 6 of 1931, s. 16 (3).

171

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 71.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

19th February, 1932.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 72.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Small-pox.

Saigon.

Do.

Authority.

Notification

No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

19th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

172

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 73.-It is notified for information that the following tender has been accepted:--

G. N. No. S. 357:-Messrs. The Hong Kong and Yaumati Ferry Co., Ltd., for the provision and operation of a new ferry service (including transport of vehicles) between Victoria and Kowloon Peninsula.

19th February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

HARBOUR DEPARTMENT.

　　　No. S. 74.--With reference to Gazette Notification No. S. 52 published in Government Gazette dated 5th February, 1932, the date in line 4 should read 19th day of February, 1932.

Hong Kong, 16th February, 1932.

G. F. HOLE,

Harbour Master, &c.

HARBOUR DEPARTMENT.

No. S. 75.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Repairs to Steam Launch G. P. O. 1", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of March, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

16th February, 1932.

G. F. HOLE,

Harbour Master, &c.

173

PUBLIC WORKS DEPARTMENT.

No.. S. 76.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked " Tender for Kowloon Quarry Lot No. 16", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of March, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1934, of the piece or parcel of ground at Tai Kok Tsui as shown coloured red on a plan signed by the Director of Public Works and dated 15th February, 1932, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $450 per annum.

Each tender must be accompanied by a receipt to the effect that the tenderer has deposited in the Colonial Treasury a sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown in the event of the tenderer, whose tender is accepted, refusing to carry out the terms and conditions of his tender.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

19th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

s憲示第七十六號

工程司相

杷

金行將發還欲知詳細章程及投票格式可來署詢取所投之票價格低章辦理則將保証金充公如一投票者已允准後其餘不入選者之保証署繳銀二百五十圓取回收條以爲保証金如投票允准後投得者不遵章程可來署詢取每年底價四百五十圓又凡欲投票者湏先往庫務司司署名所繪之圖則内紅色處指明之投得之人湏遵照章程辦理該四年十二月卅一日止該石塘坐落大角咀經於本年二月十五日由本前寄至布政司署石塘之批期由通告投票允准之日起至一千九百世明係票投九龍石塘第十六號字樣於本年三月七日星期一日正午以佈告事照得現招人投票開採石塘如欲投票者湏繕票三張其封面號

昂任由政府棄取或總棄不取此佈

一千九百卅二年

月佈

二月

十九日

篇

174

PUBLIC WORKS DEPARTMENT.

　　　No. S. 77.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for the Reconstruction of Aberdeen Lower Dam ", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th March, 1932. The work consists of re-constructing Aberdeen Lower Dam, Extension of overflow and Floodwater arrangements. Also the Construction of a small Catchwater draining the slopes of Bennett's Hill Catchwater.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

18th February, 1932.

HAROLD T. CREASY,

Director of Public Works.

DISTRICT OFFICE, North.

No. S. 51.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Quarry near So Kun Wat, New Territories", will be received at the Colonial Secretary's Office until Noon of Monday, the 22nd day of February, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1931, of the piece or parcel of ground as shown coloured red on a plan sigued by the District Officer, North and dated 30th January, 1932, and subject to the conditions which can be ascertained at the office of the District Officer, North.

Upset annual fee $50.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the District Officer, North.

The Government does not bind itself to accept the highest or any tender.

5th February, 1932.

T. MEGARRY, District Officer, North.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First

General Meeting of Creditors.

No. 2 of 1932.

Re Kong Kwai Ting of No. 10, Wo Fung Street, (Ground flour), Victoria, in the Colony of Hong Kong, carrying on business as building contractor under the style or firm name of Kwong Hing firm.

Petition dated the 26th day of January, 1932. Receiving Order dated the 13th day of February, 1932.

OTICE is hereby given that Thursday,

the 25th day of February, 1932, at 10 30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during the office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 18th day of February, 1922.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In The Goods of Charles Evelyn Fergu son, of Riverside. Saltford, in the County of Somerset, England, de- ceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an Order limiting the time for creditors and others to send in their claims against the above estate to 11th of March, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 9th day of February, 1932.

DEACONS,

Solicitors for the Executrix, 1, Des Voeux Road Central, Hong Kong.

THE HONG KONG, CANTON. & MACAO STEAMBOAT COMPANY, LIMITED.

NOTICE TO SHAREHOLDERS.

THE one hundred and twelfth Ordinary Meeting of Shareholders in the Company will be held at the Office of the Company, 1, Queen's Building, Victoria, Hong Kong, on Tuesday the 15th March, 1932, at 11 ́a.m. for the purpose of receiving a Report of the Directors, together with a Statement of Ac- counts, and electing Directors and Auditors.

　　　　The Transfer Books of the Company will be closed from Tuesday the 1st March, 1932, to Tuesday the 15th March, 1932, both days in- clusive, during which period no Transfer of Shares can be registered.

By Order of the Board of Directors.

G. E. ELLAMS,

Secretary,

Hong Kong, 15th February, 1932.

179

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 20 of 1931.

Notice of Adjudication and Appointment

of Trustee.

Re Hsu Sun Pak of No. 2, Stafford Road, Kowloon Tong, and carrying on business as the Wai Lam firm at No. 334, Des Voeux Road West, Victoria, Hong Kong.

HE above-named Isu Sun Pak trading as

The way than firm, was adjudicated Bank-

rupt on the 13th day of February, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt firm.

Dated the 18th day of February, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KO G.

PROBATE JURISDICTION.

In the Goods of Thomas Carr Ramsey late of Kialat, Swatow, in the Republic of China, Merchant, de- ceused.

OTICE is hereby givea that the Court has by virtue of the p ovisions of Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 12th day of arch, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 12th day of February, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executor, Prince's Building,

Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Mary Fearon late of Southerly Bincleaves Weymouth in the County of Dorset, England, formerly of 9 Royal Crescent Wey- mouth aforesaid, Widow, deceased.

OTICE is hereby given that the Court Section 58 of Ordinance No. 2 of 1897, made has by virtue of the provisions of

an order limiting the time for creditors and others to send in their claims against the above estate to the 12th day of March, 1932.

hereby required to send their claims to the All Creditors and others are accordingly

undersigned on or before that date.

Dated the 12th day of February, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executors,

Prince's Building, Ice House Street,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION,

In the Goods of James Colin Owen, late of The Hong Kong & Whampoa Dock Co, Ltd., Victoria in the Colony of Hong Kong Accountant, deceased.

NOTICE is hereby given that the Court

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 15th day of February, 1932.

DEACONS,

Solicitors for the Administrators, No. 1, Des Vœux Road Central, Hong Kong.

HONG KONG TELEPHONE COMPANY, LIMITED.

NOTICE is hereby given that the Seventh

Ordinary Yearly Meeting of the Hong Kong Telephone Company, Limited, will be held on Wednesday, the 9th day of March, 1932, at the Board Room of the Company, Second Floor, Exchange Building, Hong Kong, at 1100 a.m., for the purpose of receiving a Statement of Accounts and the Report of the Board of Directors, for the Financial Year ended 31st December, 1931. and re-electing Two Directors and the Auditors.

The Transfer Books of the Company will be closed from the 3rd to the 9th March, 1932, both days inclusive.

Dated this 15th day of February, 1932.

By Order of the Board,

W. L. MCKENZIE,

Secretary.

14, Des Voeux Road Central,

Hong Kong.

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of Globe Fook Cheong Electrical Supply Company, Limited

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given that the creditors of the above-named Company which is being wound-up voluntarily are required on or before the 15th day of March, 1932, to send their names and addresses and the particu'ars of their debts or claims and the names and addresses of their solicitors (if any) to the undersigned, the solicitors for Messrs. Ip Kam Shing and Wong Kien Keo Liquidators of the said Company, and if so required by notice in writing from the said Liquidators, by their solicitors or personally to come in and prove the said debts or claims at such time and place as shall be specified in such notice or in default thereof they will be excluded from the henefit of any distribution made before such debts are proved.

Dated the 4th day of February, 1932.

RUSS & CO., Solicitors for the aboved-named Liquidators,

Bank of Canton Building,

No. 6, Des Vœux Road Central.

180

(FILE No. 94 OF 1931)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that Reiss, Massey & Co., Ltd., of No. 7, Queen's Road Central, Victoria, in the Colony of Hong Kong, have, on the 25th day of March, 1931, applied for the registration of the Accompanying Trade Marks:-

(1)

* * * *

(5)

(2)

(3)

( 6 )

(7)

( 8 )

(9)

( 10 )

(11)

( 12 )

( 13 )

FILIN

KNIT

TIN

REISS | ROS. L

MANCHES

( 14 )

【牌船輪業公

****

in the name of Reiss, Massey & Co., Ltd., who claim to be the Proprietors thereof.

　　　　　The Trade Marks are intended to be used forthwith by the applicants in respect of Yarns, Wool, Worsted or Hair in Class 33.

•

Dated the 15th day of January, 1932.

REISS, MASSEY & CO., LTD.

(4)

(FILE No. 417 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Shiu Wah Knitting Mill, of Nos. 351-355, Lai Chi Kok Road, Kowloon, in the Colony of Hong Kong, Manufacturers, have, on the 11th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

港

厰紙紹

冊註

衫線牌羊吉

in the name of The Shiu Wah Knitting Mill

who claim to be the proprietors thereof.

　　　　The Trade Mark is intended to be used by the Applicants forthwith, in respect of the following goods :--

Singlets, in Class 38.

Dated the 18th day of December, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 438 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chan Chun

Lan Firm, of No. 103, Queen's Road

Central, Hong Kong, Tea and Tobacco Mer- chants, has, by application dated the 29th day

181

(FILE No. 391 of 1931) TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Marks.

NOTICE is hereby given that The Ngai Sang Knitting Company of No. K.I.L. 2402, Nullah Road, of Fowloon, in the Colony of Hong Kong, have, on the 18th day of Novem- ber, 1931, applied for registration of the follow- ing Trade Marks, viz:-

|造職生藝港香

標商

鏡里千

造鐵生藝港香

標牌生雙商

in the name of the said Ngai Sang Knitting Company, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants forthwith in Class 38 in re- spect of singlets.

Facsimiles of such Trade Marks can be seen at the office of the Registrar of Trade Marks.

Dated the 15th day of January, 1932.

THE NGAI SANG KNITTING CO., No. K.I.L. 2402, Nullah Road, Mongkok, Kowloon.

(FILE No. 443 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

(FILE NO. 372 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Nestle and

Anglo-Swiss Condensed Milk Company (a company incorporated according to the laws of Switzerland) of Cham and Vevey, Switzerland and St. George's House, 6 and 8 Eastcheap, London E.C., England, Manufac- tures, have, on the 21st day of September, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

STANDING DOLL BRAND

企

公

嘜

in the name of Nestle and Anglo-Swiss Con-

densed Milk Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The said Trade Mark is to be associated with Trade Marks Nos. 148A and 148B of 1896 and 74 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

DEACONS, Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 433 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four

Trade Marks.

OTICE is hereby given that The Hip Wo Drug Company of No. 79, Tai Ping Road, South, Canton, in the Republic of China,

of December, 1931, applied for the registration NOTICE is hereby given that The Pakley have, on the 24th day of December, 1931,

in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark :-

(1)

(2)

牌角

TRADE

✡

MARK

司公造纖利及

百

司公造躇判迈

利百

MA DE 16 17 M AP

in the name of Chan Chun Lan Firm, who

claim to be the sole proprietors thereof.

The Trade Mark has been used by the ap- plicants in respect of Cigarette Paper in Class 39 since May, 1931.

are

The Trade Mark is registered with limitation of colours shown in the representation on the form of application for registration.

Representations of the Trade Mark deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 15th day of January, 1932.

CHAN CHUN LAN FIRM,

No. 103, Queen's Road Central, Hong Kong,

Applicants.

汽球

KEE

响螺

商標

in the name of The Pakley Knitting Company, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by the applicants in respect of Singlets, woollen singlets, underwears and hosiery in Class No. 38.

Dated the 15th day of January, 1932.

THE PAKLEY KNITTING

COMPANY,

No. 14, Cheung Lok Street, Yaumati, Hong Kong,

Applicants

applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

(3)

神國文

仙母夫

水丸丸

(4)

in the name of the said Hip Wo Drug Company, who claim to be the sole proprietors thereof.

Such Trade Marks have not hitherto been used by the Applicants, but it is their inten- tion to use the same forthwith in respect of Chemical substances prepared for use in medicine and pharmacy in Class 3.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

GEO K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Chater Road,

Hann Kama

182

明聲股退

陶

NEW

無我及日興下份街德啓| VEHICLES & TRAFFIC 退涉趙賬後記所今一仰者 REGULATIONS

股特典項廣公佔因+等弟人出儀會安盆之志四前趙趙登又項興承股圖號佔典典報名華記受份別廣有義儀聲趙洋米經至業安本文及文明禮轉店已數願興港名趙名此及轕生交項將記德越佈超等意易與自營禮仰禮德槪盈清廣已店盆及啟仰與虧楚安名股正趙

published as Government Notification No. 50 of 1932 IS OBTAINABLE

in Booklet Form

from

NORONHA & CO.,

5, Duddell Street.

Price: $1.50

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

184

LEGISLATIVE COUNCIL.

　　　No. S. 78.-The following Bill was read a first time at a meeting of the Council held on the 25th February, 1932: --

C.S.O.

[No. 1--13.1.32.-2.]

A BILL

Short title.

Interpreta- tion.

Certification

of industrial schools.

INTITULED

An Ordinance to Provide for and Regulate Industrial and

Reformatory Schools.

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.

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.

"Industrial training" means actual employment in agriculture or horticulture or training in some branch of useful industry.

"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.

"Visitor" means any person appointed by the Governor under this Ordinance to be a visitor of any reformatory or certified Industrial School.

Certified Industrial Schools.

3. The Governor in Council may, upon the application of the manager of any school or institution in which indus- 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

185

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.

rules subject

4.--(1) The manager of a certified industrial school may Manager make all necessary Rules not repugnant to this Ordinance for may make the regulation and management of the institution under his to the charge.

approval of the Governor

(2) No such Rules shall be enforced until they have been in Council. submitted to and approved of by the Governor in Council.

5.-(1) A report of the condition and management of Report on every certified industrial, school shall be made to the Governor conditions. in Council at least once in each year by such person as the Governor appoints.

or adminis-

6. (1) The manager of any certified industrial school Manager or may, upon giving six months", and the executors and his executors administrators of a deceased manager may upon giving one trators may month's, previous notice in writing of his or their intention relinquish 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.

certificate.

managers.

8. (1) Whenever the certificate is withdrawn from or Effect of relinquished by the manager of a certified industrial school, withdrawal

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 certificate. of the school of the notice of withdrawal, or after the date of the notice of relinquishment, as the case may be.

(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 vouthful offender detained in the school is discontinued, whichever first happens.

Regulations

as to re-

mission of

sentences.

Governor

may establish reformatory schools.

Any prison or part

186

(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 schools for the reformation of youthful offenders.

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.

thereof may

reformatory

school.

Governor

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.

Penalty for obstructing

Visitors.

(2) Any manager who at any time refuses admittance to visitors and any such visitor, or to any Judge of the Supreme Court, or others having to any Member of the Executive or Legislative Council, or the right of to any Magistrate, or offers to him any hindrance or obstruction, shall be liable on summary conviction to a fine not exceeding fifty dollars.

inspection.

187

Youthful Offenders.

schools law-

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 line 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;

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.

(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

Religious persuasion

of offender to be

considered.

Duties and

powers of manager.

Discharge of offender.

Power to apprentice Offender.

188

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 offender.

of a

19. (1) It shall be the duty of the manager of 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.

20.---(1) The Governor may at any time discharge a 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.

(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.

Power to apprentice youthful offender.

189

years.

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.

Expenses of youthful offenders.

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.

managers.

Punishment

190

(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.

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.

Penalties for assisting escape.

(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.

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.

28. Any person who-

(a) Knowingly assists or induces, directly or indirect-

lv, a

youthful offender to escape from any reformatory or certified industrial school where- in he is detained; or

(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;

191

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.

custody of

29.-(1) The order of detention made by a court in Provisions pursuance of which a youthful offender is sent to a reforma- as to tory or certified industrial school shall be in writing under person the hand of the presiding magistrate and the seal of the detained. 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.

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.

nance.

Evidence of certification.

Service

of notice.

Order not to be invalidated by subse-

quent proof

of age.

Power to

tions.

192

32.-(1) The production of the Gazette containing a 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.

(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.

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.

193

Objects and Reasons.

1. This Ordinance was one of the two drafted by the Committee appointed to report on the measures required for the institution of Juvenile Courts in Hong Kong.

2. As stated in the Committee's Report it contains all the main provisions of the old Reformatory Schools Ordi- nance, No. 11 of 1901 which it repeals, and it provides generally for the institution and regulation of such establish-

ments.

3. It is closely modelled on the English law and the Straits Settlements Ordinance No. 17, with only such amendments as the Committee considered necessary to suit local conditions.

January, 1932.

C. G. ALABASTER,

NOTICES.

Attorney General.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 79. -Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Sinall-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and or Fumigation at

discretion of the Health Officer.

the

Small-pox

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

25th February, 1932.

Authority.

Notification

No. 798 of 17th December,

1931.

Notificatiou No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Usionial Secretary.

193

Objects and Reasons.

1. This Ordinance was one of the two drafted by the Committee appointed to report on the measures required for the institution of Juvenile Courts in Hong Kong.

ments.

3. It is closely modelled on the English law and the Straits Settlements Ordinance No. 17, with only such amendments as the Committee considered necessary to suit local conditions.

January, 1932.

C. G. ALABASTER,

NOTICES.

Attorney General.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 79. -Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Sinall-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and or Fumigation at

discretion of the Health Officer.

the

Small-pox

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

25th February, 1932.

Authority.

Notification

No. 798 of 17th December,

1931.

Notificatiou No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Usionial Secretary.

194

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 80.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passen 2ers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

26th February, 1932.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, NORTH.

　　　　No. S. 65.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for permission to obtain clay from a parcel of Crown Land at Lang Kwo Tan, in D. D. 13S, N. T.", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th February, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1935, of the piece or parcel of ground, containing about one square mile, shown edged red on plan signed by the District Officer, North, and dated 23rd January, 1932, but subject to certain conditions which can be ascertained at the office of the District Officer, North, or the Director of Public Works.

Upset annual fee $1,000.

Form of tender and further particulars can be obtained from the office of the District Officer, North.

The Government does not bind itself to accept the highest or any tender.

T. MEGARRY, District Officer, North.

12th February, 1932.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiv ng Order and First

General Meeting of Creditors.

No. 3 of 1932.

Re Charles Maria Soares of No. 27, Jordon Road in the Dependency of

199

IN THE SUPREME COURT OF HONG KONG.

COMPANIES WINDING UP.

No. 2 of 1931.

(FILE No. 413 of 1931) TRADE MARAS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

In the Matter of the The Lai Wah Com- NOTICE is hereby given that The Allen

pany, Limited.

(IN LIQUIDATION).

Kowloon in the Colony of Hong Section 188 of the Companies Ordinances OTICE is hereby given in pursuance of

Kong, Accountant.

Petition dated the 20th day of February, 1932. Receiving Order dated the 20th day of February, 1932.

OTICE is hereby given that Thursday, the 3rd day of March, 1932, at 10:30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong song.

　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during the office hours.

　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 25th day of February, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In The Goods of Arthur Innocent, late of Kelowna in the Province of British Columbia, Canada deceased.

NOTICE is hereby given that the Court has

　　　　　　　by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to 19th of March, 1932.

　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 19th day of February, 1932.

DEACONS,

Solicitors for the Administrator,

1, Des Vœux Road Central,

Hong Kong.

1911, that the Final Meeting of Members wil be held at the offices of Messrs. John D. Hutchi- son & Co., King's Building, on Wednesday, the 23rd day of March, 1932, at 3 p.m. for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and property of the com- pany disposed of, and of hearing any explana- tions that may be given by the Liquidators, and also of determing by Extraordinary Re- solution the manner in which the books, accounts, and documents of the Company and of the Liquidators thereof shall be disposed.

Dated the 20th day of February, 1932.

P. MOONEY, CHAN SAU NGOK,

Joint Liquidators.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent ransfer of Business Ordinance, No. 25 of 1923. Notice is hereby given that Fok Wing

Chi Tong(霍榮至堂) alias Fok Chi Kai(霍熾堦) the Tai On Company ƒ‡Ãñ) ) of

one of the partners of

No 42, Wing On Street, Victoria, in the Colony of Hong Kong, Piece Goods Dealer (hereinafter called "the Transferor") has transferred his share and interest in the business of the said

Tai On Company to Leung Ho () of

No. 42, Wing On Street, Victoria, aforesaid Married Woman (hereinafter called "the Transferee") on the 12th day of February, 1932.

The Transferee intends to carry on the said businesss at No. 42, Wing On Street, Victoria, aforesaid under the style or firm name of the Wing On Company (A) and will assume the liabilities incurred by the Transferor in the said business.

Dated the 24th day of February, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Transferor and the Transferte.

Battery Company of No. 53, Queen's Road Central, in the Colony of Hong Kong, have on the 7th day of December. 1931, applied for registration in Hong Kong, in the hegister of Trade Marks, of the following Trade Mark :-

ww---

PAGODA

TRADE

101

THE ALLEN BATTERY

MADE IN VICTORIA

in the name of the said The Allen Bettery Com- pany, who claim to be the sole proprietors thereof.

The said Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric flashlight cells and batteries.

The Applicants disclaim the right to the exclusive use of the representative of a Battery and "No. 101."

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the Undersigned.

Dated the 24th day of December, 1931.

THE ALLEN BATTERY COMPA NY, No. 53, Queen's Road Central, Hong Kong.

(FILE No. 383 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Dragon Records Corporation of (7th floor), China Building, Hong Kong, have on the 7th day of November, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark ;-

DRAGON

片唱

龍飛

HONG KONG TELEPHONE COMPANY, LIMITED.

NOTICE is hereby given that the Seventh

Ordinary Yearly Meeting of the Hong

Kong Telephone Company, Limited, will be held on Wednesday, the 9th day of March, 1932, at the Board Room of the Company, Second Floor, Exchange Building, Hong Kong, at 1100 a.m., for the purpose of receiving a Statement of Accounts and the Report of the

Board of Directors, for the Financial Year ended 31st December, 1931, and re-electing Two Directors and the Auditors.

The Transfer Books of the Company will be

closed from the 3rd to the 9th March, 1932,

both days inclusive,

Dated this 15th day of February, 1932.

By Order of the Board,

AUTYUNY W. L. MCKENZIE,

Secretary.

mob14, Des Voeux Road Central,

no good Hong Kong.

明聲股退

無我及日

DRAGON

CORE

in the name of The Dragon Records Corpora- 下份街德啓

退涉越賬後記所今一仰者股特典項廣公佔因十等人此儀會安盆之志四前 *7¶¶*K5

tion, who claim to be the proprietors thereof.

The above Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Graib-

| phones and Grainophone Records in Class 86

deposited for inspection in the Office of the

A representation of the above Trade Márk is

Registrar of Trade Marks.

The 'applicants disclaim the right to the exclusive use of the representation of a Gramo-

Dated the 24th day of December, 1931. ⠀

典報名華記受份別廣有義儀聲趙洋米經全業安本 phone Record. 及文明禮轉店已數願興港名趙名此及轕生交頂將記德趙佈超等意易與自營禮仰禮德槪盈清廣己店盆及啟仰與虧楚安名股正越

THE DRAGON RECORDS CORPORATION,

7th Floor, China Building, Hong Kong,

Applicants.

110

(FILE No. 21 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

　　　　　　　　　Knitting Factory of No. 27, Tung Choi Street, Mongkok, Kowloon, Knitting Manufac- turers, have on the 25th day of January, 1932, applied for registration in Hong vong, in the Register of Trade Marks, of the following Trade Mark :-

TAI SUN KNITTING FACTORY ̇廠造織新大

商標

蠶

200

(FILE NO. 53 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that Oita Cement

Company, Limited, of No. 1550, Oita Oitashi Oitaken, Japan, have on the 23rd day of January, 1932, applied for the registra tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :----

(FILE NO. 54 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Onoda Cement Company, Limited, of No. 6276, Onodacho Asagun Yamaguchiken, Japan, have on the 23rd day of January, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

RTLAND

REGISTERED

FOR

TRADE MARK

GEMENT.

SILK WORM

BRAND

in the name of Tai Sun Knitting Factory, who

claim to be the proprietors thereof.

　　　　　　　　The Trade Mark is intended to be used forthwith by the applicants in respect of Singlets and hosiery in Class 38.

　　　　　　A presentation of the Trade Mark is deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 24th day of February, 1932.

TAI SUN KNITTING FACTORY,

Nos. 27, Tung Choi Street, Mongkok, Kowloon,

Hong Kong, Applicants.

(FILES No. 422 OF 1931 AND 47 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Chung Shan

　　　　　　　　Knitting Company, Limited, whose re- gistered office is situate at No. 48, Causeway Bay Road, Hong Kong, have, on the 17th day of December, 1931, applied for the registration of Trade Marks Nos. 1 and 2, and on the 4th day of February, 1932, applied for registration of Trade Mark No. 3, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

牌蛇

鐘

PORENT SAKURA

CHERRY BRAND CEMENT

MADE IN JAPAN

OITA CEMENT CO. LTD. JAPAN

in the name of the said Oita Cement Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Portland and other calcareous Cement

in Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 52 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

ONODA

in the name of the said Onoda Cement Co, Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Portland and other calcareous Cement in

Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

(FILE No. 30 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that C. M. Brooke

Sons of Whiteman Street, South

NOTICE is hereby given that Hauff-Leonar Melbourne, in the State of Victoria, Common-

Aktiengesellschaft, of Wandsbek, Germany,

have on the 12th day of February, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

TOT METOL

CHUNG SHAN

wealth of Autralia, have, by an application dated the 1st day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(3)

美杜

Temos

牌山鐘

　　　　　in the name of Chung Shan Knitting Company, Limited, who claim to be the proprietors there- of.

　　　　　　　　The three Trade Marks are intended to be used forthwith by the applicants in respect of Singlets, hosiery and underwears in Class 38. The applicants disclaim the right to the ex- clusive use of the use of words "Chun Shan on Trade Mark No. 2.

Dated the 24th day of February, 1932.

CHUNG SHAN KNITTING CO., LTD.,

No. 48, Causeway Bay Road,

Hong Kong, Applicants.

in the name of Hauff-Leonar Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Chemical substances used in manufac- tures, photography or philosophical research and anti-corrosives in Class 1.

The said Trade Mark is to be associated with Trade Mark No. 67 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of February, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hồng Kong.

in the name of the said C. M. Brooke & Sons who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of:-

Lemon Squash, lemon syrup, lemon jelly, lemon crystal, lemon juice, lemon butter, lemon peel, lemon cheese and e-gences (non alcoholic) in Class 42 since 1927. The Applicants disclaim the right to the exclusive use of the words "Brooke's Lentos and the representation of a bottle.

Dated the 26th day of February, 1932.

ช

GEO. K. HALL BRUTTON & CO., Solicitors and agents for the Applicants, St. George's Building,

Hong Kong.

201

(FILE No. 51 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Lee Shing & Co., of No. 185, Des

Voeux Road Central, Victoria in the Colony of Hong Kong, have on the

12th day of February, 1932, applied for registration in Hong Kong, in the

牌: 板波

The Lee Shing Co.,

Hong Kong

EEE

(FILE NO. 20 of 1932) TRADE MARKS ORDINANCE, 1909.

N°

Application for Registration of a Trade Mark,

OTICE is hereby given that J. Van

Renswoud & Son Limited, of No. 32, Foster Laue, London, E.C., have, on the 13th day of January, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

MANGO

in the name of The Lee Shing & Co., who claim to be the proprietors thereof. The above Trade Mark is intended to be used by the applicants forth- with in Class 38 in respect of :-

Shirts, Neckwear, Hats, Stockings, Singlets, Towels, Handerchiefs,

Pyjamas, Scarfs, and all articles of clothing.

Facsimiles of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also at the undersigned.

It is hereby stated that the applicants disclaim the right to the exclusive use of the letters "E E E" appearing on the Mark.

Dated the 26th day fo February, 1932.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),

Half year,

(do.),

Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,...

Each additional line,

Chinese, per Character,

Repetitions,

$1.001

LEO D'ALMADA E CASTRO, Solicitor for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

$18.00

10.00 6.00

for 1st. $0.20 f insertion

5 cents.

Half price.

Advertisement must reach this office not late than 3 *.. on Thursdays for insertion in Friday's issue.

Trade and Shipping Returns Annual Volume 1931.

COMPnch of the Imports and Ex-

OMPILED by the Statistical

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy :

NORONHA & CO.,

Government Printers,

5, Duddell Street.

in the name of the said J. Van Renswoud & Son Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Vegetable edible products, edible oils and fats and margarine excluding mango, chutney, curry paste, curry powder, pickle preserves and other Indian condiments), in Class 42. Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 16 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Monkgland

(Registered) Wine Company, Limited, of King's Building, Victoria, in the Colony of Hong Kong, have on the 7th day of January, 1932, applied for the registration in Hong Kong, of the accompanying Trade Mark :-

MANGELND

(REG.TRADE MARK)

in the name of the said Monkgland (Registered) Wine Company, Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Chemical sub- stances prepared for use in medicine and pharmacy in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of January, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

(FILE No. 427 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Bradford

Dyers' Association. Limited, of 39, Well Street, Bradford, Yorkshire, England, an As- sociation of Dyers and Finishers, have on the 6th day of November, 1931, applied for the regist ation in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"RIGMEL" BRAND

B.D.A.

　　　　　in the name of The Bradford Dyers' Associa- tion, Limited, who claim to be the sole pro- prietors thereof.

　　　　　　The Trade Mark has been used by the Ap- plicants in respect of :-

Cotton Piece Goods in Class 24.

　　　　　　　　The said Trade Mark is to be associated with Trade Marks Nos. 226 of 1919 and 6 of 1922.

　　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 15 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that William

Meyerink and Company of 12, Pedder Street, Victoria, in the Colony of Hong Kong, have, on the 12th day of January, 1932, applied for the registration in Hong Kong, in the

202

(FILE No. 274 of 1931) TRADE MARKS ORDINANCE, 1909.

Appllication for Registraion of a Trade Mark.

NOTICE is hereby given that The Middle-

wich Salt Company, Limited of Sandbach Read, Middlewich, Cheshire, England, Salt Manufacturers, have on the 26th day of June, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

MIDDL

MIDDLEWICH

SALT GO LTD

WITCH

MIDDLEWICH

ENGLAND

in the name of The Middlewich Salt Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The Applicants disclaim the right to the exclusive use of the words "Middle Witch' appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 429 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Trade Mark :-

in the name of William Meyerink and Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in Class 35 in respect of :-

Woollen and worsted and hair goods not

included in Class 33 and 34,

　　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

OTICE is hereby given that William

Boulevard, Nottingham, Nottinghamshire, Eng- land, Woollen and worsted spinners, have on the 10th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark: -

DAY &

NIGHT

WEAR

WILLIAM. HOLLINE & CO. UMITED:

in the name of William Hollins & Company, Limited, who claim to be the sole proprietors

thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-

Cloths and stuffs of wool, worsted or hair in Class 34 and in respect of Articles of Clothing in Class 38.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hana Kona

(FILE No. 9 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that W. F. Young

Inc. of 75 Temple Street and 273, State Street, Springfield, County of Hampden, State of Massachusetts, U.S.A., have by an applica- tion dated the 17th day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

阿

the

脚

癣

药

水

in the name of the said W. F. Young Inc., who claim to be the proprietors thereof.

The above Mark is intended to be used by the Applicants in respect of Antiseptic toilet soap in Class 3.

The Applicants disclaim the right to the exclusive use of the Chinese characters

(脚癬藥水)

Dated the 22nd day of January, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors and Agents for the Applicants.

(FILE No. 13 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Pro-phy- lac-tic Brush Company of Florence Station, Northampton, County of Hampshire, State of Massachusetts, U.S.A., have by an application dated the 13th day of October, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

MASSO

in the name of the said Pro-phy-lac-tic Brush Company, who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of Tooth Brushes in Class 50 since 1928.

The above mark is associated with Trade Mark No. 18 of 1929.

Dated the 22nd day of January, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the

Applicants.

(FILE No. 349 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Stanco In-

　　　　　　corporated, Wilmington, Delaware, United States of America, Refiners and Marketers of Petroleum Specialty Products, have on the 12th, day of October. 1931, applied for registration, in Hong Kong, in the Register of Trade arks, of the following Trade Mark :-

DEENAX

tn the name of Stanco Incorporated, who claim io be the proprietors thereof.

　　　　Trade Mark has been used by the Applicants since 27th. April, 1931, in respect of the follow- ing goods:

"Denaturants to make ethyl alcohol unsuitable for internal use, in Class 3.

Dated the 29th day of January, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

203

(FILE No. 424 or 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs. Yuen Cheong Hong, of No. 312, Des Vœux Road West Victoria, Hong Kong, have, on the 18th day of December, 1931, applied for registration in Hong Kong of the accompanying Trade Mark :----

行昌元

YUEN CHEONG HONG

HONGKONG & CANTON

LANTERN

WONGKONG ADDRESS+

BRAND

(FILE NO. 435 of 1932) HONG KONG TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that China Agri-

cultural Development Co., Ltd., of No. 8, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, have, on the 23rd Decem ber, 1931, applied for registration, in Hong Kong, of the accompanying Trade Mark :--

(E)

料

利勝

完美

册註

(FILE No. 17 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that Kelly

Brothers Manufacturing Factory of No. 26, Main Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have, on the 13th day of January, 1932, aplied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

KELLY BROS. MFG. FACTORY

LIGHTNING BRAND

KELLY

BROS

ATHLET

FACTORY

BRAND

MANUFAC

32.DES VOEUX ROAD W.

HONG KONG CANFON ADDRESS- 106 SAI FA YEE MALD CANTON LADY CRACKERS 700

MADE IN CHINA

in the name of the said Messrs. Yuen Cheong Hong, who claim to be the proprietors thereof.

The above Trade Mark has not hitherto been used but is intended to be used forthwith by the applicants in respect of fire crackers in Class 20.

The above Mark is to be associated with Trade Mark No. 466 of 1929.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 31st day of December, 1931.

(FIL

WILKINSON & GRIST, Agents for the Applicants, No. 2, Queen's Road Central, Hong Kong.

No. 421 OF 1931)

TRADE MARK ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Nam Shing

Manufacturers, of Nos. 1 to 9, Yiu Wa Street, Wanchai, Victoria, in the Colony of Hong Kong. have, on the 16th day of December, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:--

標商

in the name of the said China Agricultura

Development Co., Ltd., who claim to be the

proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of :-

Artificial manure and vermin destroyers

in Class 2.

The application is limited to the colour shown on the Mark and to the use of the flag as it is shown thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of January, 1931.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central, Hong Long.

(FILE No. 428 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

NOTICE

a Trade Mark.

OTICE is hereby given that The Sunbeam Manufacturing Company, of Nos. 10, 10a and 108, Kilung Street, Shamshuipo, Kowloon, Hong Kong, have, on the 21st day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of thefollowing Trade Mark:--

in the name of Kelly Brothers Manufacturing Factory, who claim to be the proprietors there-

of.

　　　　　The above Marks have not hitherto been used but are intended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38.

The Applicants disclaim the right to the exclusive use of the Representation of the Bath- ing Costume, on the figure in the "Athlet Mark.

Datad the 29th of January, 1932.

C. Y. KWAN, Solicit r for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

in the name of the said Nam Shing Manufac- turers, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:

Electric torches and flashlights in Class 8.

Dated the 31st day of December, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

SHELL

in the name of The Sunbeam Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the applicants in respect of Flashlights and Batteries in Class 8.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 31st day of December, 1931.

THE SUNBEAM MANUFACTURING

COMPANY, Applicants,

Nos. 10, 10A & 10B, Kilung Street, Kowloon, Hong Kong.

204

(FILE No. 410 OF 1931, T.M.)

TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Two Trade Marks.

(1)

( 2

(FILE NO. 411 or 1931)

THE TRADE MARKS. ORDINANCE, 1 909

Application for Registration of a Trade Mork.

OTICE is hereby given that Ling Chee Hong Kong, Merchants, have, on the 4th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Yeuk Fong of No. 44, Wing Lok Street

行洋德協

協德洋行

上等洋紙

牌

牒葉紅

in the name of the said Ip Tak and Company, Importers and Exporters, who claim to be the proprietors thereof.

　　　　　　　　The above Trade Mark, No. 1, has been used by the Applicants, in respect of Paper in Class 39 since eighteen months ago and Trade Mark, No. 2, since August, 1931.

Facsimiles of the above Trade Marks can be seen at the offices of the Register of Trade Marks, and also of the undersigned.

Dated the 24th day of December, 1931.

NOTI

A. E. HALL AND COMPANY,

Solicitors for the Applicants,

Pedder Building, Hong Kong.

(FILE No. 326 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Colgate-Palmolive-Peet Company of No. 919 North Michigan Avenue, Chicago, Illinois, United States of America, Manufacturers have on the 24th day of August, 1931, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of Ling Chee Yeuk Fong, who

claim to be the proprietors thereof.

The Trade Mark has been used by the applicants, Ling Chee Yeuk Fong, in respect of Medicinal powder known as Sap Ling Tan in Class Three since the last past nine years.

Representations of the Trade Mark are de- posite for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of December, 1931.

LING CHEE YEUK FONG,

Applicants.

(FILE No. 412 or 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that Min Ngaj Knitting Co., of No. 32, Fook Chuen Street, Taikoktsui, Hong Kong, have, on the 27th day of November, 1931, applied for registra- tion in Hong Kong, of the "ccompanying Trade Marks, in class 38 in respect of socks, stockings,

singlets, shirts and all other knitted articles of

(1)

隸

衫

笠形媒

TRADE MARK

棉藝鐵造

( 2 )

牌貴富

in the name of Colgate-Palmolive-Peet Company who claim to be the sole proprietors thereof.

The said Trade Mark has been used by the Applicants in respect of Talc Powder in Class 48 since 1919.

Facsimiles of the said Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of December, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

in the name of the said Min Ngai Knitting Co.,

who claim to be the proprietors thereof.

The above Trade Marks have Lot hitherto been used by the Applicants but it is their intention to use them forthwith.

The above Trade Mark No. 1 shown above is, to be associated with Trade Mark No. 52, of 1925 and Trade Mark No. 2 shown above is to be associated with Trade Mark No. 186 of 1929. Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of December, 1931.

WILKINSON & GRIST, Agents for the Applicants, 2, Queen's Road Central,

Hong Kong.

206

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 81.-The following bill is published for general information:-

C.S.O. 4667/31.

[No. 41-3.3.32.-4.]

A BILL

INTITULED

Short title.

Interpreta- tion.

Divan keeper.

Exporta- tion.

Implement.

Importation.

Opium.

Opium divan.

An Ordinance to amend and consolidate the law relating to

opium.

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, 1932.

2. (1) In this Ordinance,

(a) "Divan keeper means the occupier or person having the use temporarily of any opium divan, or any person 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.

(b) "To export" means to carry or otherwise despatch 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, 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 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.

(e) "Opium" includes raw opium, prepared opium, and opium dross, and every substance in which raw opium, prepared opium or opium dross forms an ingredient.

used-

(f) "Opium divan" means any place opened, kept, or

༨

207

(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 Opium dross. sinoking prepared opium.

(h) Any opium, implement, or other thing shall, for the Fossession. 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 Person. of the penalty of imprisonment, includes a body corporate and a firm.

() "Prepared opium" includes every preparation of Prepared opium, and every substance in which opium forms an in- opium. 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---

(i) 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.

Preparing opium.

(1) "Raw opium" means any kind of opium not prepared Raw opium. 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 ship. navigation or for the carriage or storage of goods, and in- cludes all aircraft.

(n) "Superintendent" means the Superintendent of Im- Superin- ports and Exports.

tendent.

(o) "Wharf" includes every place used as a landing Wharf. 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 law, shall be conclusive. Any such certificate shall be admitted in evidence upon production by or on behalf of the Superintendent in any proceeding.

Regulations.

First Schedule.

208.

3.(1) It shall be lawful for the Governor in Council 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 First 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.

Prohibition of, posses-

sion of, and dealing in raw opium.

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.

(b) Full particulars as to the description, weight, con- signors, consignees and destination of the raw opium, and as

209

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.

Form No. 1.

(f) A certificate in Form No. 1 in the First. Schedule or First 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.

(g) 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.

Form No. 1..

(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 First First Schedule or in some form which appears to the Superintendent Schedule 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.

Licence

under s. 4

5. The granting of any licence under section 4 (2), and the revocation of any such licence, shall lie in the absolute (2), and discretion of the Colonial Secretary, who may impose any revocation conditions that he may think fit upon the granting of any discretion- such licence.

of licence,

ary.

Restrictions

of raw

210

6.-(1) No master of any ship shall allow any raw on movement opium to be removed from his ship except on production of, and in accordance with, a removal or export permit issued by the Superintendent.

opium.

Permits.

First Schedule.

Forms Nos. 2 and 3.

Memorandum

exported to

(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 Nos. 2 and 3 respectively in the First 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.

8. The Superintendent shall furnish the master of every ship carrying raw opium for export with a memorandum be furnished containing the particulars set forth in Form No. 4 in the First Schedule, and no ship carrying raw opium shall depart from the Colony without such memorandum.

to master.

First Schedule.

Form No. 4.

Exclusive right of

preparing

and selling

prepared opium.

Sale of prepared opium.

Preparation

of opium and

importation of prepared opium prohibited.

Possession of prepared opium other than that prepared by Government, or dross, prohibited.

Onus.

Sale and possession of prepared opium and dross.

Provision

as to minors.

PART III.

PREPARED OPIUM.

9. The exclusive right of preparing opium and of selling prepared opium in the Colony is vested in the person for the time being lawfully performing the duties of Superintendent.

10. The Superintendent may, in his suitable persons to sell prepared opium, conditions as he may think fit, and may appointment.

discretion, appoint subject to such cancel any such

11. No person except the Superintendent shall prepare opium within the Colony or import any prepared opium or do any act preparatory to or for the purpose of importing any prepared opium.

12.-(1) No person except the Superintendent shall have in his possession any prepared opium other than Government prepared opium, or any opium dross exceeding one tael.

(2) The onus of proof that any prepared opium is Government prepared opium shall rest upon the person alleging the same.

13.-(1) No person except the Superintendent or person appointed by him shall sell or offer or expose for sale 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.

14.- (1) No prepared opium or opium dross shall be sold to, or purchased, smoked or possessed by, any person under twenty-one years of age.

211

(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. Opium

(2) No person shall smoke opium in any opium divan.

divans and smoking therein prohibited.

tions (1) as

16.-(1) Where two or more persons are found smoking Presump- opium in any place, such persons not being residents in to opium the said place, it shall, until the contrary is proved, be divans, (2) 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.

as to smoking opium in an opium divan.

possession

17.-(1) No person shall, without lawful authority or Unlawful excuse, have in his possession, except attached to a recep- of Govern- tacle issued by the Superintendent and containing ment opium Government prepared opium, any label or wrapper of a kind labels and 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.

wrappers.

etc.,

Government

18.-(1) No person shall, without lawful authority or Possession excuse, have in his possession any label, wrapper, or mark, of labels, so resembling any label, wrapper, or mark used by the resembling 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.

(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.

opium labels, and dies, production of

etc., for the

such labels, etc.

Government

19. No person shall mix anything with prepared opium Counter- with the intention of causing it to be believed that such feiting prepared opium is Government prepared opium, or shall opium pre- counterfeit any mark used by the Superintendent to denote ver that the prepared opium contained in any receptacle is marks Government prepared opium, or shall use as genuine any thereon.

such mark.

parations or distinctive

Exportation of prepared opium prohibited.

212

20. No person shall export, or do any act preparatory to or for the purpose of exporting, any prepared opium or opium dross: Provided that this section shall not be con- 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

Ships prohibited

from being used in

smuggling opium.

Opium not on ship's manifest.

Postal provisions.

PART IV.

GENERAL.

Ships.

21.-(1) No person shall, without lawful authority or excuse, use any ship for the importation, landing, removal, carriage, conveyance, storage or exportation of any opium. 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

　　　in a position to take reasonable precautions to prevent such user and neglected to take such precautions.

22.-(1) No person shall bring or have in his possession on board any ship any opium, other than the prepared opium 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.

213

Appointment and duties of revenue and police officers.

tendent and

24. (1) The Governor may appoint an officer to be Superin- called the Superintendent of Imports and Exports and such Assistant number of Assistant Superintendents as he may think fit. Superin-

(2) An Assistant Superintendent shall have all the powers conferred on the Superintendent by or under this Ordinance.

tendents.

Revenue

25.--(1) The Superintendent may appoint such persons ces 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 Folice 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.

officers:

badge.

appoint-.

27. The Superintendent of Imports and Exports, the Confirmation Assistant Superintendent of Imports and Exports, and all of certain revenue officers, who were appointed under any other ments. 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.

officers

28.-(1) It shall be lawful for any European revenue Certain officer or European police officer, or for any other public public officer authorised thereto in writing by the Superintendent, may board 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 seize remove and detain any thing found in any such ship with respect

and remain on ship.

Search of persons

entering Colony

and of their goods and baggage.

Examination of things

other than passengers' accompanied baggage.

Arrest and search on reasonable

suspicion.

214

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 the Colony by land shall-

(a) on demand by any revenue officer or police officer either permit his person and his goods and baggage to be 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;

officer or

(b) on demand by any European revenue 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.

30. Any box or other thing (not being passengers' baggage accompanied by the owner) which is being landed or has been recently landed from any ship, or which is in or upon any ship (not being or having the status of a ship of war), wharf or warehouse, or which is being removed from any 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 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;

215

(b) to search the person and property and effects of any [s. 31 contd.] 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 (f) 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 (f) is liabl to seizure;

(e) to search any place which such public officer 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, 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

Compensa-

tion for unsuccessful search to be paid by Superin- tendent.

Manner of seizure not to be

216

(b) limited, so as to embrace only a portion of those

powers; or

32. If any search made under this Ordinance is unsuc- cessful and there is no reason to suppose that any opium liable to forfeiture under this Ordinance has been thrown away or otherwise disposed of in order to avoid detection, the Superintendent shall make good any damage caused thereby. 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.

33. In any proceedings before a magistrate or on appeal to the Supreme Court relating to the seizure of any opium, inquired into. implements, or other articles, the seizure whereof is authorised 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 information

and protec- tion of informers.

Magistrate may permit accused

persons

to give evidence for prosecution in certain

cases.

Accused

persons thus assisting prosecution

to obtain

indemnity

from prose- cution.

34.--(1) Except as hereinafter mentioned, no informa- tion laid under this Ordinance shall be admitted in evidence in 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.

35.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

(2) Every person so permitted to give evidence, who shall in the opinion of the magistrate make, true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full

217

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.

tions.

36.-(1) Every person who is proved to have had in Presump. 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.

certificate

37.-(1) A certificate in the form of the Superintendent's Superin- Certificate set out in the Schedule, signed by the Superinten- terident's dent, or by an Assistant Superintendent, if it purports to relate Schedule. 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 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 declaration or statement or any document containing the

same; or

such

(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.

Offences.

[s. 38 contd.]

218

(2) 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.

(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) (^), 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 canie to his knowledge shall be conclusive evidence thereof.

(6) For the purposes of sub-section (5), the issue of a ummons 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.

ง

219

(S) Whenever any person to whom any licence or permit (s. 38 contd.) 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 or 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 Penalties. 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 term of imprisonment.

Maximum fine.

i in is

$2,000

$1,000

Six months.

s. 15 (1) s. 15 (2)

$ 500

s. 17

$5,000

One year.

s. 18

$5,000

One year.

s. 19

$5,000

Que year.

s. 25 (4)

$ 250

s. 25 (5)

$ 250

Six months.

s. 20.

$ 250

any regulation

$ 250

Three months.

made

under

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

Forfeiture.

Disposal of fines and

esticated bail.

Repeal of Ordinances No. 30 of 1923. No. 7 of 1924. No. 3 of 1930.

220

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 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;

(1) any unclaimed opium or implements.

41. All fines under this Ordinance, and any bail in respect of any charge under this Ordinance which may be estreated by a magistrate, shall be paid into a special account and may be disposed of as the Governor may direct.

42. The Opium Ordinance, 1923, the Opium Amend- ment Ordinance, 1924. and the Opium Amendment Ordinance, 1930, are repealed.

FIRST SCHEDULE.

FORM NO. 1.

[ s. 4 (2) (f) and (3) ]

(e) Name,

address and business of importer.

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).........

(6) Exact description and amount of opium to be imported

which the

opium is to

be obtained.

of (b)

from (c)

221

[First Schedule

subject to the following conditions (d)

contă.]

(Z) State any

special condi tions to be

and is satisfied that the consignment proposed to be imported is observed. 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

Date

Official Rank

FORM NO. 2.

Superintendent.

[s. 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.!

Conditions.

1. This permit may be used only between

p.m. on

the

Remarks.

a.m. and

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.

[First Schedule

contd.]

222

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 Remarks. ing ship arrival. packages. numbers. opium. of opium.

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 revenue officer or police officer.

રી

Date

NOTE

Superintendent.

-The conditions may be varied or added to by the Superintendent.

FORM No. 4.

EXPORT MEMORANDUM.

Opium Ordinance, 1932.

Memorandum of raw opium for export per S.S.

Permit No.

Marks.

Govt. No

[s. 7.]

No. of Kind Weight. pack-

of | Exporter. Destination. ages opium. opium.

Superintendent.

២

993

FORM No. 5.

SUPERINTENDENTS CERTIFICATE,

[8. 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.

Objects and Reasons.

This Ordinance consolidates and to some extent amends the law relating to Opium. A Table of Correspondence is attached which indicates the source of the various sections and the nature of the amendments.

C. G. ALABASTER,

Attorney General.

November, 1931.

Section

of new Ordinance.

224

TABLE OF CORRESPONDENCE.

Section of Ordinance.

No. 30 of

1923.

Remarks.

s.s. (1) as amended by Ordinance No. 3 of 1930. Inclusion of Aircraft in (m) is new. s.s. (2) date of Convention revised and "place" substituted for "country".

s.s. (1) (b) revised. Persons who sell Government opium receive a fixed salary they are not licensees so references to licensing have been deleted.

As enacted by Ordinances No. 7 of 1924 and No. 3 of 1930, but references to licensing in s.s. (1) deleted as not required. s.s. (3) and (5) omitted as no longer required. Remainder renumbered. Colonial Secretary substituted for Governor as licensing authority. References to firms omitted owing to definition of "person' in section 2.

As enacted by Ordinance No. 7 of 1924. "4 (2)'

substituted for "4 (1)".

As amended by Ordinance No. 7 of 1924.

13 & 14

New

Do.

s.s. (1) varied and s.s. (2) deleted. See note to sec-

tion 3.

Opium dross added as recommended by the Com-

mission.

These sections have been combined. Opiumi dross has been added as so recommended, and reference to passenger holding permit under section 20 added. "Appointed" in place of "licensed."

In accordance with the Bangkok Opium Agreement,

1931.

As enacted by Ordinance No. 3 of 1930. "So issued"

omitted.

Opium dross added also provision as to special permits to passengers to have opium for use on the voyage which is new.

Section 21, amended by Ordinance No. 7 of 1924, has been re-drafted and the quantity of opium giving rise to a presumption of complicity has been raised.

Section

of new Ordinance.

Section of Ordinance.

No. 30 of 1923.

225

Table of Correspondence.

Remarks.

Slight alteration to make it clear that no prepared

opium may be imported.

Revenue Officers appointed under other Ordinances

added.

Subsection (1) is new to correspond with section 65 (1) of Ordinance No. 36 of 1931, s.s. (2) as amended by Ordinance No. 18 of 1929, s. 14. "Any other Ordinance" instead of "the Opium Ordin-

ance, 1914".

Sub-section (2) added to correspond with the sub- section enacted by Ordinance No. 29 of 1929, s. 14.

"Accompanied by any goods or baggage" deleted from s.s. (1), "Should he so request" adde:1. "a European officer' substituted for any European" revenue officer or European police officer or other police officer not below the rank of sergeant in para. (a).

"European officer' substituted for "European revenue officer or European police officer" in s.s. (2).

As enacted by Ordinance No. 3 of 1930.

As enacted by Ordinance No. 3 of 1930 "or by an Assistant Superintendent" added in s.8. (1).

8888888

8888

New

Schedule.

As amended by Ordinance No. 7 of 1924. The provisoes to sub-sections (1) and (3) are new, c.f. Ordinance No. 22 of 1923, s. 11 (2). "Enact- ments' substituted for "sections or sub-sections" as the penalty for breach of regulations is new, e.f. Ordinance No. 31 of 1911, s. 29 (6). Penalty for breach of s.. 14 is new.

Form 5 differs slightly from the form enaoted by

Ordinance No. 3 of 1930, s. 8.

226

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 82.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 29th February, 1932, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

22,768,012 8,300,000*

Hong Kong and Shanghai Banking Corporation .........

133,868,642 112,000,000†

Mercantile Bank of India, Limited...

3,312,262 1,350,000§

TOTAL

159,948,916 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,305,200.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

Ith March, 1952.

W. T. SOUTHORS,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 83. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Is-ue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

4th March, 1982.

993-1004

W. T. SOUTHORN,

Colonial Secretary.

227

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 84. The following names of successful tenderers are notified for general information:-

Government Notification.

Particulars.

Firms.

S. 482 of 11.12.31.

Tender for Teakwood Motor Launch.

S. 503 of 31.12.31.

Tender for Shaukiwan Quarry Lot No. 1.

S. 7 of 6.1.32.

Tender for the Conversion of Commercial

Moorings.

S. 8 of 6.1.32.

S. 9 of 6.1.32.

S. 10 of 6.1.32.

S. 29 of 15.1.32,

S. 35 of 22.1.32.

S. 36 of 21.1.32.

S. 43 of 27.1.32.

S. 52 of 3.2.32.

Tender for the construction of one Reversi-

ble Mooring Buoy.

Tender for repairs to No. 2 Police Launch.

Tender for repairs to Steam Launch S. D. 2

(Boiler renewal, etc.).

Tender for Re-instatement of Government Retaining Walls-Wall at Jardine's Corner, Peak,

Tender for repairs to Boiler, etc., of No. 6

Police Launch.

Tender for repairs to No. 9 Police Launch.

Tender for repairs to Steam Launch S. D. 2

(Hull repairs, etc.).

Tender for supplying and installing new

engine in H. D. 9 Launch.

A King Slipway.

Messrs. Sing Sun

& Co.

Messrs. The Taikoo Dockyard & En- gineering Co. of Hong Kong, Ltd.

Messrs. The South China Motorship Building and Repairing Works, Ltd.

Messrs. W. S. Bailey

& Co., Ltd.

Messrs. W. S. Bailey

& Co., Ltd.

Messrs. Sang Lee

& Co.

Messrs. The Hong

Kong & Wham- poa Dock Co., Ltd.

Messrs. Kwong

Cheung Hing.

Messrs. W. S. Bailey

& Co., Ltd.

Messrs. The South China Motorship Building

Repairing Works, Ltd.

and

3rd March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

228

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 85.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Small-pox.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pos.

Saigon.

4th March, 1932,

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification Nc. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 86.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April.

Steerage passengers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated ¦ by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Reference to

Date.

Government Notification.

16th April,

1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

4th March, 1932,

W. T. SOUTHORN,

Colonial Secretary.

229

PUBLIC WORKS DEPARTMENT.

No. S. 87.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for 1st Section of New 100 Ft. Road between Causeway Bay and Ming Yuen Gardens", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 22nd day of March, 1932. The work comprises the construction of a portion of this 100 ft. road between a point to the South of I.L. 2358 and a point to the eastwards of I.L. 2918.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

4th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORks Department.

　　No. S. 66.-The following description and terms of the proposed lease of certain Crown Land at Sham Tseng, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in

Sq. feet.

Annual Pre- Rental.

mium.

Tsun Wan Marine Lot No. 6.

Sham Tseng.

As per sale plan.

About $

105,580 242

1,583.70

　　A plan of the lot, signed by the Director of Public Works, can be seen at the Office of the Public Works Department.

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

1. In consideration of payment of the premium and upon completion of the works agreed on to the satisfaction of the Director of Public Works, it is proposed to grant a Crown Lease of the whole area coloured red on the said plan and having a total area of 105,580 square feet for a term of 75 years, commencing from the 1st July, 1898, renew- able for a further term of 24 years less the last 3 days thereof at a re-assessed Crown Rent.

　　The amounts of the premium and Crown Rent are subject to re-adjustment when the works agreed on have been completed in accordance with the area actually occupied.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 2 of 1932.

Notice of Public Examination.

Re Kong Kwai Ting of No. 10, Wo Fung Street, (Ground floor), Victoria in the Colony of Hong Kong, carrying on business as building contractor under the style or firm name of Kwong Hing firm.

NOTICE is hereby given that the Public

Examination of the debtor Kong Kwai Ting will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 19th day of March, 1932, at 10 a.m.

No. 3 of 1932.

Re Charles Maria Soares of No. 27, Jordon Road in the Dependency of Kowloon in the Colony of Hong Kong, Accountant.

OTICE is hereby given that the Public Examination of the debtor Charles Maria Soares will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Satur- day, the 19th day of March, 1932, at 10 a.m.

Dated the 3rd day of March, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

233

GEORGE FRASER SON & COMPANY, Limited, (in Voluntary Liquidation),101, Portland Street, Manchester.

The ('onpanies Act, 1929.

HE above-named Company, having disposed

of its business, goodwill, stock and Trade

Marks to a newly-formed Company, created for the purpose of continuing the business, and called George Fraser Son & Company, Limited, of 121, Princess Street, in the city of Man- chester, is being voluntarily wound-up; the Resolution for winding-up having been passed on the 8th August. 1930. Notice is hereby given that the creditors of the said liquidating Company are required, on or before the 31st day of March, 1932, to send in their names and addresses, with particulars of their debts or claims, and the names addresses of their Solicitors (if any), to the undersigned, Frank Brown Juckson, of 13, Kensington Gardens, Hale, Cheshire, the Liquidator of the said Company; and, if so required by notice in writing by the said Liqudator, are, by their Solicitors or personally, to come in and prove their said debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 18th day of January, 1932.

FRANK B. JACKSON, Liquidator.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudu- lent Transfer of Businesses Ordinance

No. 25 of 1923. Notice is hereby given that

Kam Wai Nam (甘蔚南 ) and Tam.

Kwong Cho (覃光初) both of No. 136,

Connaught Road Central, Victoria, in the

In the Goods of Chu Ting Cheung Colony of Hong Kong Boarding House Keepers carrying on the business with others in co- partnership of a Boarding House under the

(朱定昌 Alias Chu Fat Hing (朱發卿) alias Chu

Kwan (朱坤) alias Kent

Chu late of No. 77, Queen's Road Central (First floor), Victoria, Hong Kong Merchant, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of Probate

Ordinance 1897, made an Order limiting the time for creditors and others to send in their

claims against the above estate to the 30th day of March, 1932.

　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 2nd day of March, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator,

Prince's Building:

Ice House Street,

Hong Kong.

明聲股退

style or firm name of The Ko Chow Boarding Honce(高州旅店)of No. 136, 'on-

naught Road Central, Victoria, aforesaid (here- inafter called "The Transferors") are desirous of

transferring the said business of the Ko Chow

Boarding House at No. 136, Connaught Rod Central, Victoria, aforesaid together with its

branches at Kwong Chow Wan in Indo-China in

高州旅店 ),

the name of the said Ko Chow Boarding House

Malay States in the name of Ko Nam Boarding at Perak Federated

House(高南旅店)aud at Kuala Lum-

pur Federated Malay States in the name of Ko

•

Nam Boarding House (高南旅店)

together with the goodwill thereof respectively and also the benefit of the Boarding House licence and the benefit of the existing lease in respect of No. 136, Conuaught Road Central, Victoria, aforesaid and the deposit with the Landlord there-under, the benefits of the deposits with the Hong Kong Electric Company, the Hong Kong Telephone Company and the

Kwong Luen Association(廣聯商會)

and

respectively, furniture, trade-fixtures fittings and signboards and all chattels and effects and all the rights titles and interest of

the Transferors to Kwan Sick Om (關適 trading as Hop Tak Tong (合德盦)

Transferee ") on the 2nd of April, 1932.

aforesaid under the style or firm name of The

In the Matter of The Companies Ordi7-

ance, 1911,

and

In the Matter of The Kwong Hip Lung

Company, Limited.

AT an Extraordinary General Meeting of the

above-named Company, duly convened, and held at No. 41, Connaught Road Central, the following Resolution was duly passed, an Victoria, on the 10th day of February, 1932,

at a subsequent Extraordinary General Meeting of the members of the said Company, also duly convened and held at the same place on the tion was duly confirmed as a Special Resolution 26th day of February, 1932, the same Resolu-

viz:---

"That the Company be wound-up voluntarily", and at such last mentioned meeting Wong Yin Tung and Wong Cheuk Hing both of No. 43, Bonham Strand East, were appointed Liqui dators for the purposes of the winding-up.

Dated the 4th day of March, 1932.

WITNESS

WONG CHEUK HING,

Chairman.

Ĉ'. BULMER JOHNSON,

Solicitor.

Hong Kong.

白告明聲

余天礪德吾堂

啓

聲一歷之一與鏡營啟明經一期九余公業者

開九如三礪司起大大始世有二吾之見陸陸營二按年合全决眼眼業年揭四作盤議鏡鏡後四及月經生增公公槪月轇四營意加司司與四轕日生招新開增新日不為理牌股設加公前清開現多新司與等始訂私願年股無舊情合定貨將今啟涉人請住於物大事特理於營西舖陸擴此安西業歷底眼張

白告承

民此無情到項業堯啟

即國聲涉請各自天者廿明日卽號槪願酒香 -以後與貨品頂將家港年該舊項與

元後號人會

#論生理項交德

無我及日興下份街德啓退涉超賬後記所今一仰者

) of No. 103, Jervois Street, (2nd floor), 股特典項廣公佔因十等弟 ctoria aforesaid (hereinafter called " The 承出十意安揭易堂意人此儀會安盆之志四前趙 Transfereeintends to edmy ot cheritus 受頂九·盈自借清承招

　　　　　　　　　　　　　　e 趙登項興承股圖號佔典 at No. 136, Connaught Road Central, Victoria,人人日虧交等楚受牌街典報名華記受份別廣有儀儀聲趙洋米經全業安本又及又明禮轉店已數願興港名趙名此及轕生交頂將記西德趙佈趙等意易與自營禮仰禮德槪盈清廣店盆及啟仰與虧楚安名股正越

Ko Chow On Kee Boarding House (高州安記旅店) and will not 安記旅店) and will not assume the 同堯 liabilities incurred by the Transferors in the

德酒釀

said business.

Dated this 2nd day of March, 1932.

RUSS & CO.,

Solicitors for the Transferor

and Transferee,

天

堂家

德堂同啓

亦易項准舖茲門與後及堯於底因牌舊概華天元傢各第人與洋酒月私東五無承轇家廿什志十千頂轕有八物圖八特人事欠等別號

(FILE No. 414 or 1931!

TRADE MARKS ORDINANCE. 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Yee Tai Long of No. 9, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, have, on the 7th day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

隆泰怡

TRADE

痱

MARK

234

(FILE No. 12 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark,

商德

(FILE No. 12 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs.

CARBOL

YEE TAI LONG

PRESERVED ALL

KIND

FRUITS

in the name of Yee Tai Lang, who claim to be the proprietors thereof.

　　　　　　　　Such Trade Mark has not hitherto been used but it is the intention of the Yee Tai Long to use it forthwith in respect of :---

Preserved fruits in Class 42. Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks. Hong Kong, and also of the undersigned.

Pated the 5th day of February, 1932.

YEE TAI LONG

No. 9, Queen's Road West."

(First Floor),

Hong Kong, Applicants.

FILE No. 25 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

布

記為雀孔

SOLE IMPORTERS

MEL

CHERS

HONGKONG & CHINA

行

in the name of Messrs. Melchers & Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 50 in respect of Glass Paper and Emery Cloth.

Facsimile of the above Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of January, 1932.

MELCHERS & CO., Applicants.

(FILE No. 431 of 1931)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Nam

King Factory of No. 290, Sai Wan IIo, in the Colony of Hong Kong, have, on the 22nd day of December, 1931, applied for the

NOTICE is hereby given that the Chinese registration in Hong Kong, in the Register of

in the name of the said Chinese Foreign Knitting Co., of China Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Articles of Clothing in Class 38.

Pared the 5th day of February, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

Trade Marks, of the following Trade Mark, viz:--

FAC

NAMKING FOR

in the name of the said Nam King Factory, who claim to be the proprietors thereof.

The above Trade Mark is to be used by the Applicants in respect of :-

Electric torch-lights in Class 8. acsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 5th day of February, 1932.

THE NAM KING FACTORY.

No. 290, Sai Wan Ho,

Hong Kong,

Applicants.

NEUM

AVENARI

in the name of Messrs. Melchers & Co., and on behalf of Messrs. R. Avenarius & Co., of Stuttgart, Germany, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Ap- plicants in Class 1 in respect of :-

Wood preservative paint, since 1890. Facsimile of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 5th day of February, 1932.

MELCHERS & CO.,

AGENTS FOR MESSRS. R. AVENARIUS & Co.

Applicants.

FILE No. 14 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

NOTICE is hereby given that The Asiatic

Petroleum Company, South China) Limited, a Company incorporated in England and having its principal place of business at St. Helen's Court, Great St. Helen's, London, have, on the 5th January, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

MEXPHALTE

in the name of the said The Asiatic Petroleum Co., (South China) Ltd., who claim to be the proprietors thereof.

Dated the 5th day of January, 1932.

FOR THE ASIATIC PETROLEUM CO., (S. C.) LTD.,

W. H. BELL,

Attorney.

235

FILE No. 50 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that Otis Elevator Company, a corporation duly organized and existing under the laws of the State of Maine, doing business at 260 Eleventh Avenue, in the City, County and State of New York, United States of America, have on the 10th day of February, 1932, applied for registration

(FILE No. 19 of 1932: TRADE MARKS ORDINANCE, 1999.

Application for Registration of a Trade Mark.

NOTIC

OTICE is hereby given that Proprietary Agencies, Limited, of No. 179 to 181 Acton Vale, London, W., England, Manufac- turers and Merchants, have on the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

MILK OF MAGNESIA

in Hong Kong, in the Register of Trade Marks. MILK OF

of the following Trade Marks:

(1)

- OTIS

(2)

in the name of Otis Elevator Company, who claim to be the proprietors thereof.

　　　Trade Mark No. 1 has been used by the Ap- plicants since 1st. January, 1890 and Trade Mark No. 2 has been used by the Applicants since 1st. August, 1922, both in respect of the following goods :-

Lifts, elevators, moving stairways, end-

less carriers, inclined railways, blaste-furnace hoists, gravity spiral conveyors and accessories and parts for any of the above goods and nachinary of all kinds and parts of machinary except agricultural and horticultural machines and their parts, in Class 6.

The two Marks are associated with each other.

Dated the 4th day of March, 1932,

JOHNSON, STOKES & MASTER.

licitors for the Applicants, Prince's Building.

Hong Kong.

in the name of Proprietary Agencies, Limited, who claim to be the sole proprietors thereof.

at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of March, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

FILE No. 65 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Mark.

OTICE is hereby given that Hop Wo Loong Firm of No. 172, Portland Street, Kowloon, Hong Kong, Manufactures of Wooden Casks, have on the 19th day of February, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

TRIANGLE

HOP

LOONG

CASK S

in the name of Hop Wo Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Wooden Casks in Class 50.

The applicants disclaim the right to the exclusive use of the words "Hop Wo Loong." Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 4th day of March, 1932.

HOP WO LOONG FIRM, Applicants.

(FILE No. 1 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Dunlop lop, Erdington, Birmingham. England, have. Rubber Company, Limited, of Fort Dun-

on the 9th day of November, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:

DUNLOP

in the name of the said Dunlop Rubber Com- pany, Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods respectively, in the following classes respec- tively, viz:--

Rubber Footwear in Class 38 and Golf

and Tennis Balls in Class 49.

Dated the 5th day of February, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux-Road Central. Hong Kong.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

PRINTED AND PUBLISHED BY NORONHA & CO.. PRINTERS TO THE HONG KONG GOVERNMENT.

No. S. 88.

HONG KONG

TO WIT.

NAME IN FULL.

238

LEGISLATIVE COUNCIL.

HONG KONG.

JURORS LIST FOR 1932.

I. SPECIAL JURORS.

OCCUPATION.

ADDRESS.

　　Alves, José Miguel Archbutt, Geoffrey Samuel Bellamy, Leonard Charles

Fenton.....

Biggar, David MacDonald Blaker, Cedric

Botelho, Antonio Alexandrino

Roseilo

Brayfield, Thomas Henry

Gordon

Brown, Charles Bernard Cassidy, Philip Stanley. Cheng Shou Jen...........

　　Churn, Samuel Macomber. Cock, Edward... Compton, Albert Henry Crapnell, Frederick Harry Courtney, Frank McDougal Danby, James Denison Davies, Edward James Davies, Leonard John Dodwell, Lewis Gordon

Selwyn

　　Drake, Robert Norris Dunbar, Lambert . Franklin, Arthur Cawte Ferguson, Archibald Hill Fleming, John

Goggin, William George Gray, Herbert Castell Greig, Kenneth Edward Hall, Frederick Charles.... Hancock, Herbert Richard

Budd

Hills, Herbert Stuart

Ho Kom-tong.

Ho Leung

Ho Wing

Jessen, Johann Hinrich Johnson, Marcus Theodore Joseph, Joseph Edgar Kan Tong-po

　　Kinlock, David Robertson Lauder, Paul

Lay Kam-fat

Li Tse-fong...

J. M. Alves & Co., Ld.............

1 & 2 Minden Villas.

Union Insurance Society of Canton, Ld.... On premises.

H.K. Tramways, Ld. Manager, Chase Bank Director, Gilman & Co., Ld.

Botelho Bros.

Carmichael & Clarke, Ld.

Chartered Accountant, Linstead & Davis. Merchant, J. D. Hutchison & Co.... Bank of China, Ld.

Union Trading Co., Ld.

H.K. & Whampoa Dock Co., Ld. David Sassoon & Co., Ld.

H.K. & Kowloon W. & G. Co., Ld. National City Bank of New York Butterfield & Swire

Manager, H.K. & Shanghai Bank Gibb, Livingston & Co., Ld.

Dodwell & Co., Ld. Mercantile Bank, Ld. Flour Broker..

Analyst

Chartered Bank

Lowe, Bingham & Matthews Bank Line, Ld............

Union Ince. Socty. of Canton, Ld. Taikoo Dockyard

Jardine, Matheson & Co., Ld..

Stewart Bros.

Exchange Broker....

Banker

Jardine, Matheson & Co., Ld.............

Compradore, H.K. & Shanghai Bank Jebsen & Co.

Mackinnon, Mackenzie & Co. Merchant.

Bank of East Asia, Ld. Chartered Bank

Union Ince. Socty. of Cantou, Ld Bank of Canton, Ld................... Bank of East Asia, Ld. ......

Little, Alexander Colbourne..... Little, Adams & Wood.....

358 The Peak. On premises.

On premises.

35 Granville Road, Kowloon.

Flywheel, Tai Po. 176 The Peak.

299 The Peak.

102 Robinson Road. 53 Conduit Road. On premises. H.K. Club. Peninsula Hotel. 408 The Peak. 363 The Peak. On premises. 364 The Peak.

273 The Peak. Peninsula Hotel. Exchange Buildings.

13 Percival Street.

Charter House, 17 Peak Road. 293 The Peak.

195 The Peak. Union Building. Quarry Bay. 507 The Peak.

286 The Peak. Hong Kong Club, 7 Caine Road. On premises. On premises. 38 Stubb's Road.

On premises. Hong Kong Hotel, On premises.

360 The Peak.

Ou premises.

16 Mosque Street.

On premises.

5 Aighburth Hall, May Road.

NAME IN FULL.

239

OCCUPATION.

ADDRESS.

Mackichan, Alexander

Somerled.

Miskin, Geoffrey

Murphy, Lewis Newton... Ohl, Rene Joseph Francois

Laurnet

Oliver, Roland Edward Heury Pearce, Thomas Ernest..... Plummer, John Archibald.. Priestley, Horace Hugh

Hepworth

Rocha, João Maria da Rodgers, Robert................... Roza, Carlos Augusto da Russell, Donald Oscar Schultz, Henry Louis

Seth, John Hennessey.

Shaw, Thomas Henry Robert. Sheppard, John Oram Shields, Andrew Lusk Silva-Netto, Antonio

Ferreira Batalha...... Soares, Adao Maria Lourdes Stanton, William Tellinghast. Sturt, Herbert Rothsay. Sum Pak-ming Taggart, James Harper... Tester, Percy

Waddington, William Janson Warren, John Percival Wong, Joseph Mow Lam Wood, Gerald George

Leigh & Orange. Gilman & Co., Ld. H.K. & Shanghai Bank.

Messageries Maritimes Co. Caldbeck, Macgregor & Co., Ld. J. D. Hutchison & Co. Bradley & Co., Ld.

Directer, Arnhold & Co., Ld. Merchant

Exchange Broker Roza Bros....

W. R. Loxley & Co.

Asst. General Manager, Standard Oil

Co., of New York Percy Smith, Seth & Fleming Butterfield & Swire

Canadian Pacific S.S., Ld. Shewan, Tomes & Co.....

Silva-Netto & Co... Merchant Dunbar & Co.

China Underwriters, Ld. Bornemann & Co. Hong Kong Hotel.... Tester & Abraham

| P. & O. Banking Corporation, Ld.............

Dodwell & Co., Ld.

A. S. Watson & Co., Ld....................... Leigh & Orange

On premises. 104 The Peak. On premises.

9 Stubb's Road. 457 The Peak. 299 The Peak. 515 The Peak.

5 Macdonnell Road.

3 Robinson Road. 137 The Peak. 5 May Road. On premises.

Altadena, The Peak.

De pdene, Deep Water Bay. On premises.

A Hatton Road, Hong Kong. 16 Peak Road.

298 Boundary Street, Kowloon. Exchange Building.

Jardine's Bungalow.

512 The Peak.

On premises.

9 Stewart Terrace, The Peak. 519 The Peak.

301 The Peak. On premises. On premises.

NAME IN FULL.

240

II. COMMON JURORS.

OCCUPATION.

ADDRESS.

Abbas, Abbib ... Abbas, Abdul Hamid Abbas, Abdul Rahim.. Abbas, Yakub................. Abesser, Peter

Ablong, Alfred Ernest Abraham, Edgar Shooker.... Abraham, Ezra Abraham, Jon Macoyer. Abraham, Reuben Adam, James

Adams, William Balgowan Ainslie, Ernest James Alabaster, James Wilfred Alarakia, Ismail Mohamed Alexander, Tom Graham

Spottiswood

Allan, David Joseph

Allgood, Henry Patrick Alltree, Leonard......... Almeida, Julio Hyndman Alonco, Deus-Dedit Antonio Alves, Alberto

Alves, Alvaro Alvares. Alves, Antonio Luis

Alves, Arthur Alvaro

Alves, Braz

Alves, Darius Caesar Selavisa. Alves, Joao Antonio Sela visa. Alves, Jose Maria Machado Ammann, Erik Ammann, Huge Amery, Samuel Chant Paddon Anderson, Charles Graham

Anderson, George

Anderson, James Albert

Guthrie

Anderson, John Edgar Anderson, John Frazer Anderson, William......

Andreson, Birgir Owrum.

Andrews, Arthur Albert

Andrews, Charles Frederick Angeles, Godofredo Angus, George Ian

Annetts, Amos

Antioquia, Jose Bunag Antonio, Ernesto..... Arber, John ........

Arculli, Omar el...................... Armstrong, William Arnold, George William Arnold, Morris Hadrian Atkius, Albert Edwin Atwell, Richard Erskine Aucott, Ernest Frank

216 Wanchai Road. 10 Yiu Wah Street. On premises.

Clerk, Lowe, Bingham and Matthews...... On Premises. Assistant Secretary, H.K. Club Asst., H.K. & K'loon W. & G. Co., Ld..... Godown Superintendent, Texas Co., Ld.. Accountant, Connell Bros. Co................ Assistant, Asiatic Petroleum Co., Ld. Exchange Broker

Broker, Tester & Abraham ..... Clerk, Blackmore & Blackburn, Ld. Share Broker, Tester & Abraham Shipwright, H.K. & Whampoa Dock Co.,

Ld.

Foreman, Taikoo Dockyard........ Assistant, Lane, Crawford, Ld.

540 Nathan Road, Kowloon. On premises.

99 Waterloo Road, Kowloon. 55 Granville Road, Kowloon. 5 Liberty Avenue, Homuntin. 8 Torres Buildings, Kowloon.

On premises. Quarry Bay.

14 Broadwood Road.

Asst, Union Ince. Soety. of Canton, Ld... On premises. Clerk, Chartered Bank

Asst., Mackinnon & Mackenzie Storekeeper, H.K. & Whampoa Dock Co.,

Ld.

Asst. Wharf Manager, Holt's Wharf Sub-Manager, Repulse Bay Hotel Assistant, Standard Oil Co....... Assistant, Standard Oil Co......

J. M. Alves & Co., Ld.

Share Broker.....

Mercant, A. L. Alves & Co..... Assistant, Union Insurance Society of

Canton, Ld.

Secretary, H.K. Engineering & Con-

struction Co., Ld. Assistant, China Underwriters, Ld.. Hughes & Hough, Ld. Broker ....

Assistant, A. Goeke & Co. Attorney, A. Goeke & Co. Foreman, Taikoo Dockyard............ Manager, Assurance Franco-Asiaticque... Marine Surveyor, Anderson & Ashe

Assistant Engineer Works Manager,

Taikoo Dockyard

Director, Anderson Music Co., Ld... Engineer, Taikoo Sugar Refinery Co., Ld. Managing Director, Anderson Music Co.,

Ld.

Manager, Thoresen & Co., Ld.

Chief Inspector, Peak Tramways, Ld. ... Assistant, Dairy Farm I. & C. S. Co., Ld.. Book-keeper, Thoresen & Co., Ld. Assistant Engineer, China Light &

Power Co. (1918), Ld.

Asst. Eng. Supt., Jardine, Matheson

& Co., Ld.

Asst., H.K. & Whampoa Dock Co., Ld... Clerk, Mercantile Bank

Manager, Advertising and Publicity

Bureau, Ld.

Manager, Arculli & Sons....

China Light & Power Co. (1918), Ld. Advertising Assistant, Vacuum Oil Co. Engineer, H.K. Electric Co., Ld......... Assistant, Asiatic Petroleum Co., Ld... Assistant, Asiatic Petroleum Co., Ld. Shipping Manager, Jardine, Matheson

& Co., Ld.

21 Cochrane Street.

On premises.

Windsor Lodge, Austin Avenue. On premises.

13 Carnarvon Road, Kowloon. 32 Granville Road, Kowloon. On premises.

On premises.

41 Granville Road, Kowloon.

On premises.

145 Waterloo Road, Kowloon Tong. 145 Waterloo Road, Kowloon Tong. On premises. On premises. On premises. Quarry Bay.

23 Kai Tack Bund, Kowloon City.

Knutsford Hotel.

Quarry Bay. Empress Lodge.

2 Taikoo Terrace, Quarry Bay.

Harbour View, Kowloon. Ocksen Cottage Victoria Road. 15 Bowen Road.

2 Arran Street, Kowloon. 578 Nathan Road.

9 Humphrey's Building.

Armend Building. On premises.

30 Granville Road, Kowloon.

6 Middle Avenue, Kowloon.

140A Kennedy Road.

C. L. P. Staff Quarters' Tai Wan. 4 Torres Building, Kowloon. No. 6, Causeway Hill.

On premises.

368 The Peak.

NAME IN FULL.

241

OCCUPATION.

ADDRESS.

A-Continued.

Austin, David

Austin, Frank

Auvache, James Edwin

Babbidge, Henry George Bacci, Emile Bailey, Henry Preston

Bailey, William Charles Baker, Edward Oliver Balman, Cyril Walter Ballantyne, Donald Lindsay... Baptista, Cezar Antonio

Octaviano

Barber, Norman Charles Barclay, Thomas Charles Barker, Paul England Barnes, Francis Henry Barradas, Duarte A

ugusto.. Barradas, Jose

Barradas, Vasco Maria

Barringer, Thomas Cunning-

ham....

Barros, Antão Vasques

Barrow, John Edward

Barry, Frederick Charles Barton, Maurice William Basto, Antonio Hermenegildo. Basto, Bernardino

Basto, Carlos de Azevedo.... Basto, Charles Henry Basto, Luiz Eduardo

Beattie, James William Beaty, George D.

Beaumont, Richard Dudley. Beck, Ernest Jacobsen Beck, Terence Christopher

Thomas

Becker, Anicet

Bell, Michael Robson...

Beltrao, Manuel Roza Benham, Harold Dudley

Benjamin, Charles..... Benjamin, Vivian

Benson, Charles Henry. Benson, Oscar Rowan Bentley, John....... Berg, Sverre Bergaust, Marius

Berruex, Marcel .............. Bertram, John William

Besseling, Albert Jean

......

Bilkvist, Knud Arne Beutzen. Bird, Alfred John Bird, Cecil Bewley Bird, George

Bishop, Sidney Frank

Engineer, Taikoo Sugar Refining Co., Ld. Manager, S. J. David & Co., La............ Supt., British Wireless Marine Service

Diver, Taikoo Dockyard Manager, Semnet Freres

Electric Engineer, General Electric Co.

of China, Ld.

Assistant, Butterfield & Swire Manager, American Milk Products Corpn. Assistant, Lane, Crawford, Ld. Assistant Manager, Chase Bank.

Clerk, H.K. & Shanghai Bank Assistant, Bradley & Co...... Engineer, Taikoo Sugar Refining Co., Ld. Assistant, Gibb, Livingston & Co., Ld.... Chief Clerk, Singer Sewing Machine Co.. Assistant, Asiatic Petroleum Co., Ld............. Broker

On premises. Peak Hotel.

Knutsford Hotel,

Quarry Bay.

Lauriston Hotel, Bowen Road,

Repulse Bay Hotel. On premises.

Harbour View Hotel, Kowloon. Y.M.C.A., Kowloon. Woodbury, Pokfulam.

On premises.

Lauriston Hotel, Bowen Road. On premises.

Ava Mansions, May Road. 31 Granville Road, Kowloon. On premises.

Middle Road, Kowloon.

Clerk, Nederlandsch Indische Handelsbank St. Joseph's Building, Block C.

U. S. Trade Commissioner Bookkeeper, Bradley & Co., Ld.

Assistant Engineer, China Light & Power

Co. (1918), L

Secretary, H.K. & Shanghai Hotels, Ld... Assistant, Dodwell & Co., Ltd. Architect, Raven & Basto Share Broker..

Assistant, G. U. da Roza

Architect, Little, Adams & Wood Chiropractor

Inspector, Star Ferry

Terminal Superintendent, Texas Oil Co... Assistant Acct., Mercantile Bank ...... Sugar Boiler, Taikoo Sugar Refinery...

Assistant Secretary, Green Island Cement

Co., Ld.

Export Manager, Arnhold & Co, Ld Draughtsman, H.K. Whampoa Dock

Co., L.

Clerk, Messageries Maritimes Co. Mercantile Assistant, David Sassoon &

Co., Ld.

Broker Broker

Peninsula Hotel,

2 Caine Road.

C.L.P. Staff Quarters' Tai Wan. Peninsula Hotel.

196 The Peak.

49 Cumberland Road, K'loon Tong. Taipo Road.

21 Granville Road, Kowloon,

On premises.

10 Queen's Road East, 1st floor.

241 Nathan Road, Kowloon.

On premises.

113 The Peak.

11 Gordon Road, Whitefield.

Cement Works, Kowloon. 15 Village Road, Happy Valley.

On premises.

9 Nanking Street.

16 Fung Tai Terrace, Happy Valley. 10 Ice House Street. Exchange Building.

General Manager, American Express Co. 14 Peak Road. Assistant, Carroll Bros.

Asst., Union Ince. Socty. of Canton, Ld... Managing Director, Berg & Co., Ld. Assistant, Thoresen & Co, Ld. Assistant, Ullmann & Co. Assistant Engineer, China Light &

Power Co. (1918), Ld.. Sub-Accountant, Nederlandsche Handels

Maatschappij

Manager, Netherlands Harbour Works Sub-Accountant, Chartered Bank Asst., Union Ince. Socty, of Canton, Ld... Watchman, Taikoo Dockyard Assistant Engineer, Green Island Cement

Co., Ld.....

....

11 Jordan Road, Top fl., Kowloon. On premises.

Bergslien, Stubbs Road. Y.M.C.A., Kowloon, On premises.

C. L. P. Quarters' Tai Wan.

On premises.

On premises. Kingsclere Hotel.

On premises. Quarry Bay.

Cement Works, Kowloon.

242

NAME IN FULL.

OCCUPATION.

ADDRESS.

B-Continued.

Bitzer, Conrad

Black, Alexander Wylie

Black, Charles

Black, Colin Charters

Black, Donald........

Blackburn Leslie, James

　Blackett, William Charlton Blackmore, Ernest Wilfrid Blair, Kenneth George Blair, Leslie

Bollard, John Joseph Cyril

Bond, Charles

...

Bond, Gerald Hollingsworth... Bone, David

Botelho, Alvaro Alberto Botelho, Augusto Caesar

Botelho, Noe Ulysses

Bough, Henry Charles

Bongon, Eloi Edouard

Boulton, Sydney.............. Bourne, Walter Hargreaves Bovill. Elliott Russell Karslake Bower, Albert...... Bowes-Smith, Aubrey Maurice Bowker, Arthur Cecil Irvine Boyd, Leslie Coutts ... Bradbury, Bertram Walter..

Bradbury, Norman. Bradford, Thomas Fisher Braga, Paul...... Brandt, George Louis Brearley, Arthur...

Bree, William George Brennan, Alfred Francis Brewin, Joseph Irvin Mark Britto, Frederico Maria.... Brodie, Douglas Campbell Brook, Joshua Brostedt, Augustus

Brouwer, Jan Reinier

Brown, Arthur R. Brown, Frank Leader.... Brown, George Ernest Brown, John Coghill.....

Brown, John McIntyre Brown, Patrick Brown, Robert Burns Brown, Walter Herbert.. Brown, William Joseph..... Browne, Henry Davenport Bruce, Douglas Gordon.... Brunger, Tjalling Willem

Buchanan, David Buchanan, Robert Buggy, William John Bulloch, James

Buman, Fritz

Bitzer & Co.

Assistant, China Navigation Co., Ld. Mackinnon, Mackenzie & Co...... Steamship Agent, Furness (Far East), Ld. Chartered Acct., Percy Smith, Seth &

Fleming

Engineer, Blackburn & Blackburn, Ld.... Organ Builder

Civil Engineer

Merchant, Blair & Co.

Assistant, Asiatic Petroleum Co., Ld..... Assistant, Imperial Chemical Industries

(China), Ld.

Manager, Gande, Price & Co., Ld. Architect, Dension, Ram & Gibbs Draughtsman, Taikoo Dockyard Assistant, Shewan, Tomes & Co. Secretary, Fumigating and Disinfecting

Bureau, Ld................. Assistant, Standard Oil Co. Assistant, Reuters, Ld.

Agent, Charbonnages du Tonkin. Watchman, Taikoo Dockyard Architect, W. H. Bourne...

15 Felix Villas, Pokfulum. On premises. On premises. On premises.

2 Humphreys Building.

55 The Peak.

St. George's Hotel.

280 Prince Edward Road, Kowloon.

13 Broadwood Road.

On premises.

499 The Peak.

8 Norfolk Road, Kowloon Tong. Huntington, Stubbs Road. Quarry Bay.

6 Austin Avenue, Kowloon,

93 Wong-nei-chong Road. 19 Mosque Street.

10 Peare Avenue, Homuutin. 1 Felix Villas, Pokfulum. Quarry Bay.

4 Burneston House.

Assistant, Asiatic Petroleum Co., Ld................ On premises.

Manager, Palace Hotel... Exchange Broker

Assistant, Dodwell & Co., Ld. Assistant, J. Manners & Co., Lil. Butchery Supt., Dairy Farm I. & C. S.

Co., Ld.

Assistant, Reuters

Wharf Engineer, Holt's Wharf Director, H.K. Used Cars, Ld. Principal, Brandt & Co.

Engineer, H.K. & Shanghai Hotels, Ld... Assistant. Asiatic Petroleum Co., Ld.... Assistant, Texas Co., Ld.............

Moulder, H.K. & Whampoa Dock Co., Ld. Assistant, China Underwriters, Ld.. Assistant, Butterfield & Swire Marine Representative, Vacuum Oil Co... Asiatic Traffic Manager, Canadian

National Railways

Chief Acet., Nederlansche Handel-

Maatschappij ....

Assistant, Davie Boag & Co. Engineer, H.K. Electric Co., Ld. Engineer, Taikoo Sugar Refinery Co., Ld. Boilermaker, H.K. & Whampoa Dock

Co., Lử........

H.K. & Shanghai Bank Sales Manager, Wallace Harper & Co., Ld. Butcher, Dairy Farm I. & C. S. Co. Ld... Assistant, H.K. & Shanghai Hotels, Ld.. Acet., China Light & Power Co., Ld........ Assistant, Asiatic Petroleum Co., Ld Assistant, Asiatic Petroleum Co., Ld.. Assistant, Nederlandsch Indische

Handelsbank

Clerk, American Express Co. Assistant, H.K. Telephone Co., Ld.. Timekeeper, Taikoo Dockyard Supt., Dairy Farm Ice & Cold Storage

Co., Li.

Manager, Deutsche Farben-Handelsge-

sellschaft Waibel & Co....

On premises.

Prince's Building.

167 The Peak, On premises.

249 Prince Edward Road, Kowloon. Derrington Hotel, Bowen Road. Windsor Lodge, Austin Avenue. 12 Knutsford Terrace, Kowloon. 286 Prince Edward Road, Kowloon. Peak Hotel.

On premises.

300 Prince Edward Road, Kowloon. On premises.

29 Jordan Road, Kowloon. On premises.

53 Wong-nei-chong Road.

Repulse Bay Hotel.

11 Tregunter Mansions. On premises.

17 Bowen Road.

Matsubara Hotel, Ice House Street.

On premises. On premises.

27 Kai Tak Road, Kowloon City. 10 Peking Road, 3rd floor, Kowloon. 23 Homuntin Street, Kowloon. CL.P. Staff Quarters.

On premises. On premises

12 Tregunter Mansions, May Road. 8 Carnarvon Building, Kowloon. On premises.

Quarry Bay.

Claymore, Pokfulum.

Rockhill, Sassoon Road.

243

NAME IN FULL.

OCCUPATION.

ADDRESS.

B-Continued.

Bundred, James Watson Bunje, Henry Ferdinand Burch, Francis Richard.... Burling, William John Burrell, Frank.................. Bursley, Allan John

Burton, Arthur Louis Lovelace

Bush, Eldred Drummond Bush, James Daniel

Bush, Lewis W.....

Butcher, James Douglas Butler, Edward

Butler, Reginald Charles Butlin, Strathmore Tatham Butt, Abdula.......... Butterfield, William Arthur Buyer, William Nicoll

Calcar, Leonardus Petrus van.

Calman, Alexander Milne......

Cameron, Peter Weatherdown

　Grant.... Cameron, Ronald Valiance . Campbell, E.

Campbell, Harvey Reed

Campbell, Robert Armour... Campos, Henrique Maria. Canney, Joseph Stanislas Canning, James Robert... Carbonnel, Bertram Carlos, Cesar Villa....

Carnac, Percival Sidney

Rivett

Caro, Valentine. Carpenter, Bruce King Carroll, Anthony Henry Carroll, William Joseph Carvalho, Alfonso Carlos

　Homem de...... Carvalho, Duarte Euterio de... Carvalho, Fernão Henrique de Carvalho, Gustavo Adolpho Carvalho, Marcus Antonio Carver, Joseph Peter.... Castle, Gordon

Castro, Alberto Edward

Henrickson

Castro, Antoine Piu Castro, Egydio Maria

Henrickson..

Castro, Henrique Armando Castro, Hilario

Castro, José Maria D'Almada. Cate, Gerard Louis ten

Bruggen

Cave, Leonard James....

Marine Surveyor, Goddard & Douglas Assistant, Asiatic Petroleum Co., Ld....... H.K. & Shanghai Bank

Cashier, H.K. & Shanghai Hotels, Ld. Butterfield & Swire

Assistant, Asiatic Petroleum Co., Ld. Wharfinger, H.K. & Kowloon W. & G.

Co., Ltd.

Manager, E. D. Bush & Co... Manager, Yue Lee Yuen.. Manager, Millington, Ld.. Engineer, H.K. Electric Co., Ld.... Supt. Engineer, Holt's Wharf.... Engineer, H.K. Electric Co., Ld. Chartered Accountant, Linstead & Davis. Sales Manager, Yue Lee Yuen Assistant, Asiatic Petroleum Co., Ld...... Asst., Union Ince. Soety, of Canton, Ld...

Assistant, Nederlandsch Indische

Handelsbank

Shipbuilder, H.K. & Whampoa Dock

Co., Ld.

Assistant, Carroll Bros.

Assistant, China. Navigation Co.. Ld Assistant Manager, St. Francis Hotel Sub-Acct., National City Bank of New

York

Assistant, Asiatic Petroleum Co., Id.. Clerk, Chartered Bank of I. A. & C. Sugar Boiler, Taikoo Sugar Refinery.. Assistant, S. Moutrie & Co., Ld.. Manager, Dodge & Seymour

Clerk, Far East Oxygen & Acetylene Co.,

Ld.

Electrician, Green Island Cement Co., Ld. Assistant, Asiatic Petroleum Co., Ld................ Assistant, Dollar Steamship Line Principal, Carroll Bros.

Broker, Carroll Bros.

Assistant, G.U. da Roza Assistant, Botelho Bros. Assistant, Andersen, Meyer & Co., Ld. Assistant, Botelho Bros. Assistant, Botelho Bros.

Assistant, Andersen, Meyer & Co., Lil... Assistant Cargo Supt., H.K. & Kowloon

Wharf & Godown Co., Ld......

Asst., Nederlandsch Indische Maatschappy Assistant, Standard Oil Co.....

Assistant, H.K. Rope Manufacturing

Co., Ltd.

Salesman, Sander, Wieler & Co . Foreman, Orient Tobacco Manufactory Assistant, Bank Line, Ld.

Sub-Acct., Nederlandsche Handels

Maatschappij

Assistant, Mustard & Co., Ld.

Peninsula Hotel, On premises. Ou premises.

Empress Lodge, Kowloon, On premises. On premises.

6 Humphrey's Building. 26 Kai Tack Road. 18A Macdonnell Road. Marble Hall.

253 The Peak.

Glenthorne, Kimberley Rd., Kowloon. H.K.E.C. Qtrs, 9 Causeway Hill. 505 The Peak.

13 Morrison Gap Road. On premises. On premises.

Aigburth Hall.

On premises.

14 Bowen Road. On premises. On premises.

9 Tregunter Mansions.

A.P.C. Installation, North Point. 10 Salisbury Avenue, Kowloon. On premises.

17A Cameron Road, Kowloon. On premises.

On premises.

Cement Works, Kowloon. Installation Tai Kok Tsui. 9 Tregunter Mausions. 16 Macdonnell Road. 14 Bowen Road.

2 Dorset Crescent.

35 Granville Road, Kowloon. Kimberley Road, 2nd floor. On premises.

589 Nathan Road. Savarin House, Kowloon.

Claremont Hotel.

3 Mosque Junction. 5 Wing Lok Building,

27 Jordan Road, 2nd floor, K'loon.

143 Waterloo Road.

On premises.

21 Jordan Road, Kowloon.

On premises.

2 Pratt Building.

244

NAME IN FULL.

OCCUPATION.

ADDRESS.

C-Continued.

Chak Tai-kwong

Chalmers, James Calder

Chan Chi-lan

Chau Chiu-ting

Chan Chung-ngok Chan Iu-key Chan Ping Chan Ping-shu Chan Po-sang...

Chan Sik-chan Chan Shiu-hung Chan Shiu-wa.. Chan Shui-tsun Chan Tzse-yuen. Chan Wing-fook

Chan Yat-fung Chan Yin-nam

Chang, Matty Fat Chang Sam-chong Chao Chi-chen Chau Fook-ng...

Chau K. William Chau Man-chi...

Chau Nam-cheong Chau Shau-nam

Chen Kim-chung

Chen Tsai-ming..

Cheng Kwong

Cherrill, Richard Ingolsby Cheung Tat-chin Cheung, Garch

Cheung Hok-chau

Cheung Nam-to

Cheung U-pui... Chia Peng-hong Childe, Edgar Ronald Chin, David George. Chịu Cherk-tung

Choa, J.

Choa Po-yen

Choa Po-min

Chou Sung-waung

Chow Cho-wan

Choy Nai-sing

Choy Sai-piu

Christensen, Engelhardt Chu Po-yan...

Chun Ham, Charles Ruther-

ford

Chun Wing-keu

Chung Chee-ling

Chung Chu-ling

Chung Wai-lam

Church, C. J.

Clark, Douglas Edward..

Assistant, Fuji Paper Co.... Foreman, Taikoo Dockyard............. Manager, Chung Hwa Steel Products

Co., Ld.

Assistant, A. G. Pile Assistant, Gay Kee

Clerk, Dollar S. S. Orient Line Draughtsman, Palmer & Turner Clerk, Sun Life Assurance Co., Ld. Compradore, National Aniline &

Chemical Co., U.S.A.

Asst. Manager, Charles Morton & Co. Clerk, Phoenix Assurance Co., Ld Assistant, Sennet Freres

Assistant, China Underwriters, Ld. Compradore, A. Goeke & Co, Assistant Compradore, Banque Franco-

Chinoise

Clerk, Grose & Co.....

Assistant, China Underwriters, Ld. Clerk, Dollar S.S. Line

2 Perfection Place.

Quarry Bay.

89-91 Hennessy Road, 2nd floor. 33 Stanley Street, 1st floor.

On premises.

7 Mow Lam St., 1st floor, Yaumati. 71 Leighton Hill Road, 1st floor. Gloucester Building.

64 Bonham Road.

257 Queen's Road, East.

8 St. Francis Street, Wauchai. 14 Gresson Street, 1st floor. 2 Fung Wang Terrace. On premises.

On premises.

4 Fly Dragon Terrace, 1st floor. 19 Parkes Street, 2nd floor, K'loon. 202 Cheung Sha Wan, Kowloon.

Acct., The Ault & Wiborg China Co................. 58 Robinson Road, 2nd floor. Manager, China Trading Co. Chief Accountant, National Commercial

and Savings Bank, Ld. Manager, Handicraft Distributing Co...... Assistant, Cheong Wing S. S. Co., Ltd...

Clerk, A. G. Hewlitt & Sons Assistant, H.K. Amusements, Ld. Cashier, Ho Houg Bank, Ld. Accountant, Ho Hong Bauk, Ld..

Assistant, Furness (Far East), Ld....... Assistant, Asiatic Petroleum Co., Ld. Assistant, W. R. Loxley & Co.

Accountant, Dragon Motor Car Co. Assistant, Fung Tang Kee .... Draughtsman, A. G. Hewlitt & Sons.... Assistant, Asiatic Petroleum Co., Ld..... Book-keeper, Reiss, Massey & Co., Ld.... Asst. Secrety., China Underwriters, Ld... Clerk, Java-China-Japan Lijn Clerk, Far East Oxygen & Acetylene

Co., Ld......

Assistant Compradore, Nederlandsche

Indische Handelsbank

Compradore, Nederlandsche Indische

Handelsbank

Broker

Manager, Commercial Press, Ld...

On premises.

67 Peel Street, ist floor. 8 On Hing Terrace.

67 Tak Ku Ling Road, 2nd floor,

Kowloon City.

300 Lockhart Road, 2nd floor. 33 Wellington Street, 1st floor. Chinese, Y.M.C.A.

Seekeen Terrace, 2nd floor, Canse-

way Bay.

On premises. On premises.

162 Hennessey Road.

37 Yiu Wah Street, 1st floor. Pedder Building.

24 d'Aguilar Street, 2nd floor. On premises.

214 Johnston Road. R.B.L. 159 Lower Road. On premises.

On premises.

29 Robinson Road.

21 Seymour Road.

Exchange Building.

73 Seen Keen Terrace, Causeway

Bay.

Compradore, Holland China Trading Co. Chinese, Y.M.C.A.

Secretary, The Sun Co., Ld........... Assistant, China Underwriters, Ld.. Merchant, American Flour Co. Assistant, A. C. Franklin

Office Assistant, Williamson & Co................. Compradore, Douglas Lapraik Co. Agent, Universal Pictures Corporation of

China

Proprietor, Colonial Electric Co.............. Local Manager, American Asiatic

Underwriters

Director, Advertising & Publicity Bureau Merchant, J. D. Humphreys & Son

3 Caine Road.

250 Wanchai Road, 2nd floor.

3 Kimberley Villas, Kowloon. 307 Lockhart Road, 2nd floor.

67 Causeway Bay Road. 18 D'Aguilar Street.

31 Caine Road, 3rd floor. 31 Caine Road.

On premises. The Peak Hotel. On premises.

245

NAME IN FULL.

OCCUPATION.

C-Continued.

ADDRESS.

Clark, Harry Bingham

Clark, John Caer

Clark, Milton Ona

Clark, Ritchard Ferguson

Clark, Walter Charles

Cleland, Dudley Fitzwarrine

Chichester

Clemo, Alfred Bertram

Clemo, Frederick Charles.

Clow, Donald ............. Coates, Alfred Edward Cochrane, David........ Cochrane, Martin Nesbit Coelho, Alvaro José Cole, A. W.

Coleman, Stanley William......

Coleman, Thomas

Collaço, Francisco Cecilio Collis, John Richard ........ Colman, Hugh Frederick

Charles

Comrie, Richard Conrad Connell, Herbert Cook, Stewart Sellars Cooke, John Turnbull Cooper, Dossabhoy Hormasjee

Cooper, Hugh Glen

Cooper, John Sisson St.

George....

Cordeiro, Luiz Gonzaga

Cordeiro, Procopio Antonio

Corlett, Donald Alexander

Cornell, William Arthur Costa, Frederico Guilherme

Meira da

Costa, Lourenço Antonio da Coulson, Ernest William

Coulthart, John Cousins, Ralph Hutchison

Cox, Albert Rowland Cox, Harold

Cox, Ralph Ashley

Craig, Robert Gilchrist

Crawford, John Douglas

Hamilton......

Crichton, William

Croawell, Charles Frederick Crofton, Christopher

Crookdake, Jonathan....

Banker, H.K. & Shanghai Bank...... Architect, Clark & Iu

Attorney, Standard Oil Co....

Engineer, Taikoo Sugar Refinery

On premises.

8 Peak Mansions.

Peninsula Hotel. On premises.

Asst. Manager, H.K. Telephone Co., Ld.. 118 The Peak.

H.K. & Shanghai Bank

Assistant, China Light & Power Co.

(1918), Ld....

Superintendent, China Light & Power

Co. (1918), L.

Inspector, H.K. Tramways, Ld. Clerk, H.K. Tramways, Ld. Assistant, Asiatic Petroleum Co., Ld................ Assistant, Asiatic Petroleum Co., Ld.. Clerk, H.K. Electric Co., Ld.

Kiln Burner, Green Island Cement Co.,

Ld.....

Supt. Elec. Eng., Western Electric Co.

of Asia

Blacksmith, H.K. & Whampoa Dock

Co.. Lư.

Clerk, H K. & Shanghai Bank Shipping Clerk, Bank Line, Ld..

Assistant, Butterfield & Swire Assistant, Standard Oil Co....... Manager, Connell & Co.

Assistant, Davie, Boag & Co. Assistant, Gilman & Co. Arratoon V. Apear & Co., Ld. & Patell

Shipbuilder, H.K. & Whampoa Dock

Co., Ld.

Acting Manager, Imperial Chemical

Industries (China), Ld. Clerk, H.K. & Shanghai Bank. Clerk, Palmer & Turner

Assistant General Agent, States Steam-

ship Co.

Architect, Palmer & Turner

Book-keeper, Jardine Engineering Corpn Assistant, Standard Oil Co...................... Asst., Dairy Farm, I. & C. Storage Co.,

Ld.

Sec., H.K. Rope Manufacturing Co., Ld. Assistant Shipyard Manager, Taikoo

Dockyard

H.K. Electric Co., Ld.

Sub-Accountant, Chartered Bank

Assistant Manager, South British Ince.

Co., Ltd.

Chief Draughtsman, H.K. & Whampoa

Dock Co., Ld.

Assistant, Butterfield & Swire.... Foreman, Taikoo Dockyard. Salesman, J. D. Hutchinson & Co......... Assistant Engineer, China Light & Power

Co. (1918), Ld.

Engineer, H.K. & Whampoa Dock

Co.; L.

Croucher, Ncel Victor Amor... Broker

On premises.

Kau Pui Shek Sub-Station.

C.L.P. Staff Quarters' Tai Wan. 1 Morton Terrace, Causeway Bay. 2 Yue Kwong Terrace. A.P.C. Installation, North Point.. On premises.

1 Lâu Pi Street, Causeway Bay.

Cement Works, Kowloon.

1 Lock Road, Kowloon.

On premises. On premises. 195 The Peak.

On premises. Peak Hotel,

55 Wyndham Street. Ou premises. On premises.

77 Bonham Road, Top floor,

On premises.

Repulse Bay Hotel. Ou premises.

17 Jordan Road, Kowloon,

Peninsula Hotel, Kowloon. Peak Hotel.

1 United Terrace, 1st floor. 3 Kimberley Road.

18B Macdonnell Road. Hong Kong Club.

Quarry Bay.

Causeway Hill Quarters, No. 8. 103 The Peak.

On premises.

On premises. Quarry Bay.

713 Nathan Road.

C. L. P. Staff Quarters' Tai Wan.

On premises.

Hong Kong Club.

246

NAME IN FULL.

OCCUPATION.

ADDRESS.

C-Continued.

Cruz, Alvaro da......... Cruz, F. de la..................

Cruz, Florencio Maria da Cruz, J. M. de la

Cullen, Fred.

Cunha, Bernardino Maria

Cardoso da Cunha, Frederico Mathias. Cunningham, Albert Laing Cunningham, William Curreem, Abdul........................ Currie, Norman McIuroy

Curtis, Walter Shillito

Vaughan

Cutcher, Ernest Stanley

.......

Clerk, Union Waterboat Co., Ld. Sanitary Inspector, United States Public

Health Service

Assistant, H.K. & Shanghai Hotels, Ld.. Clerk, United States Public Health

Service

Store-keeper, H.K. & Whampoa Dock

Co., Ltd.

14 Knutsford Terrace.

2 Victory Avenue, Kowloon. 59 Kowloon Tong.

2 Victory Avenue, Kowloon.

On premises.

Asst., Union Ince. Socty. of Canton, Ld....... On premises. Clerk, Chartered Bank

Clerk, Canadian Pacific S.S.,

Ld..

Foreman, Taikoo Dockyard................ Assistant, Arculli & Sons Managing Director, David Boag & Co.,

Ld.

Electrical Engineer, Duro Pump &

Engineering Co...

Butcher, Dairy Farm, Ice & Cold

Storage Co., Ld......

3 Carnarvon Road, Kowloon.

28 Kai Tack Road.

Quarry Bay.

58 Kennedy Road.

On premises.

8 Dorset Crescent, Kowloon Tong.

21 Fungtai Terrace, Wongneichong.

D'Almeida, Jose Maria Dale, Eric George,. Dalziel, James MacDonald Dand, Arthur Anderson..... Dangerfield, Lewis Andrew ... Danks, Edward

D'Aquino, Eneas Goulartt

D'Aquino, Jose Goulartt Darling, Robert

Davidson, Alexander..

Davidson, Gerald Lloyd Davis, John Pierson Augustine

Davis, Thomas

D'Azevedo, Alexandre

Antonio

D'Azevedo, Victor Felix

Deacon, Stuart Deans, William D.

D'Eca, Alberto Mario Decker, Harvey Leroy Denham, William Douglas

Denison, W. Ellery

Dhunji Moosabhoy.

Dick, James Gold

Dick, John

Dimond, Aubrey Kieran

....

Dinsdale, Herbert Suelson Divett, Geoffrey Edward Dobernecker, Heinz Docherty, Edward,......................

Donnell, John..... Dorsser, Johannes Adrianus

van

Manager, Barnett & Foster. Civil Engineer, Leigh & Orange Store Keeper, H.K. Telephone Co., Ld ... Draughtsman, W. S. Bailey & Co., Ld.... Accountant, P. M. Pinguet & Co. Agent, L. Everett Incorporated Clerk, Netherlandsche Indische Commer-

cial Bank,..

Clerk, C. E. Warren & Co., Ld. Assistant, Williamson & Co. Draughtsman, Taikoo Dockyard Banker, H.K. & Shanghai Bank...

Assistant, Mackintosh's, Ld.

.11 Hart Avenue, Kowloon.

On premises. On premises.

2 Kent Road, Kowloon Tong. 5 Kent Road, Kowloon Tong. Kingsclere Hotel, Kowloon.

3 Salisbury Avenue, Kowloon. 15 Hankow Road, Kowloon. Y.M.C.A., Kowloon.

Quarry Bay.

On premises.

Naval Yard.

Asst. Engineer, H.K. Telephone Co., Ld. On premises.

Assistant, Nederlandsche Handels

Maatschappij

Ou premises.

Clerk, Canadian Pacific Steamship, Ld.... 1 Edward Building, Prince Edward

H.K. Electric Co., Ld..... Farm Supt., Dairy Farm I. & C. S.

Co., Ld.

Authorised Clerk, Moxon & Taylor Assistant, The Texas Co., Ld. Assistant, Imperial Chemical Industries

(China), Ld.

Assistant, Chase Bank.

Manager, Currimbhoy & Co., Ld. Sawmiller, H.K. & Whampoa Dock

Co., Ld.

Assistant, Shewau, Tomes & Co. Manager, Repulse Bay Hotel H.K. &

Shanghai Hotels, Ld.

Assistant, James H. Backhouse, Ld. Assistant, A. S. Watson & Co., Ld. Salesman, Sander, Wieler & Co........... Shipwright, H.K. & Whampoa Dock

Co., Ltd.

Engineer, Jardine, Matheson & Co., Ld...

Sub-Accountant, Netherlandsche Handel

Maatschappij

Road, Kowloon.

On premises.

Lamma View, Pokfulam. 22 Ashley Road,

10B Dragon Terrace.

Peak Hotel.

9 Magazine Gap Road. On premises.

On premises.

27 Humphreys Building, Kowloon.

Repulse Bay Hotel. On premises.

31 Peking Buildings, Kowloon. Lyttleton Road, 5 Basilen.

On premises. Seamen's Institute.

.... On premises.

247

NAME IN FULL.

OCCUPATION.

ADDRESS.

D-Continued.

Drake, William Stanley... Dransfield, Albert

Draper, Thomas John Dreyer, Holger

Drollette, George Washington. Drude, Robert..... Drummond, Neil...

Drummond, Neil....

Merchant, Gordons

Timekeeper, Taikoo Sugar Refinery Assistant, Standard Oil Co....... Impt. Manager, Shewan, Tomes & Co.... Supervisor, Singer Sewing Machine Co... Assistant, Standard Oil Co. Assistant, Davie Boag & Co., Ld. Foreman, Taikoo Sugar Refinery

Duckworth, Ferdinand Farrant H.K. Electric Co., Ld.............

Duclos, Gordon

Dudman, William Forest Duff, Stephen Harold...... Duggan, Edward Wilfred Dulley, Hugh William

MacPherson

Dunbar, John Campion...... Duncan, George .

Duncan, George, Jr. ............. Duncan, Llewellin Arthur

Robert

Duncan, Robert Kirkwood Dunlop, Robert Paterson Dunn, Samuel........

Dunnett, Bertram Leonard

William.

Agent, Singer Sewing Machine Co... Mechanic, Far East Aviation Co., Ld. Sub-Accountant, Chartered Bank Manager, American Express Co.

Assistant, Jardine, Matheson & Co. Ld... Assistant, H.K. Electric Co., Ld... Coppersmith, H.K. & Whampoa Dock

Co., Ld.

Assistant, W. R. Loxley & Co.

Assistant, Asiatic Petroleum Co., Ld. Foreman, Taikoo Dockyard... H.K. Electric Co., Ld. Broker

Knutsford Hotel. On premises. Hong Kong Club.

7 Lyeemoon Building, Kowloon. I.L. 2425, Conduit Road. 92 Nathan Road, Kowloon. On premises.

On premises.

H.E.C. Quarters, No. 2 N.P.

3 Tregunter Mansions.

1 Prince Edward Road, Kowloon. Repulse Bay Hotel.

10 Tregunter Mansions.

8 The Peak. Kingsclere Hotel.

On premises.

1 Highburgh Terrace, K'loon Docks.

On premises. Quarry Bay.

Causeway Hill Quarters, No. 2. 19 Felix Villas, Pokfulam.

Assistant, Jardine, Matheson & Co., Ld... 21 Humphreys Building, Kowloon.

Durrschmidt, Henry Charles... Assistant, Standard Oil Co....

Peninsula Hotel.

Eastman, Alfred Leonard

George

Assistant, H.K. & Kowloon Wharf &

Godown Co., Ld.

Godown Co., Ld

Commercial Bank

Easterbrook, Frederick James. Architect, H.K. & Kowloon Wharf &

Easterbrook, Frederick James. Architect, H.K, & Kowloon Wharf &

Ebrahim, E.

.....

Edgar, Aubrey Jacob Edgar, Joseph Jacob.. Edgar, Sydney

Edie, Archie Walker Hay Edwards, Frank ...

Edwards, Ronald Alfred Eggé, Walter

Ehren, Guenther von Elkins, Charles Henry

Ellams, George Ernest Elliott, Francis Storry Ellis, Arthur Cecil..

Ellis, Felix Maurice

Endert, Carel Johan

Evans, Comvay Evans, James

Everett, Arthur George.... Ewin, Hugh Lionel Frederick

Fantham, Harry Hugh

Farmer, Clarence Leimpter

Godown Co., Ld.

Cashier, Currimbhoy & Co., Ld........ Broker, Ellis & Edgar

Assistant, John Manners & Co., Ld. Broker, Ellis & Edgar

Assistant, Mackinnon, Mackenzie & Co... Engineer, Dodwell & Co..... Assistant, Lane, Crawford, Ld. Manager, Wm. Meyerink & Co. Assistant, Jebsen & Co. Wharfinger, Holt's Wharf

H.K. C. & M. Steamboat Co., Ld. Assistant, Asiatic Petroleum Co., Ld... Insurance Manager, New Zealand

Insurance Co., Ld................ Stockbroker, Ellis & Edgar. Manager, Nederlandsche Indische

Handelsbank

Assistant, Butterfield & Swire Engineer, H.K. Electric Co., Ld........ Engineer, H.K. Electric Co., Ld........ Assistant, Asiatic Petroleum Co., Ld

Wharfinger, H.K. & Kowloon Wharf &

Godown Co., Ld.. Douglas Lapraik & Co.

Y.M.C.A., Kowloon.

Peninsula Hotel.

3 Salisbury Avenue, Kowloon.

On premises. On premises.

Flowerburn, Stubbs Road. Flowerburn, Stubbs Road. 39 Stubb's Road.

On premises.

Y.M.C.A., Kowloon.

796 Wong Nei Chong Road.

22 Humphreys Building, Kowloon. On premises.

1 Ho Tung Mansions, Hankow Road. Hong Kong Club.

North Point Installation.

9 Branksome Towers, May Road. 455 The Peak.

Stubbs Road.

On premises.

73 Seen Keen Terrace, Causeway Bay.

On premises.

Phillip House, Kowloon.

9 King's Park Drive, Kowloon.

248

NAME IN FULL.

OCCUPATION.

ADDRESS.

F-Continued.

Farrell, Albert Edward.. Farrell, Robert Emmet Fawcett, Ronald Alfred. Feimann, Hermann... Feldman, Solomon Felshow, William Charles... Fenton, George Sydney Ferguson, Jobr Ferguson, Malcolm

Ferguson, James Carson

Fergusson, Thomas....

Fernandes, Francisco Ernesto

Carajota

Fernandes, J.

Fernandez, Menino............... Ferreira, Alberto Francisco Fevre, Philip Flagler le................ Field, William Valentine.

Field, Bevan Clarence Figueiredo, Eduardo José de... Figueiredo, Guilherme Alves... Figueiredo, Henrique Alberto

de.........

　Figueiredo. Manuel Augusto... Fincher, Ernest Charles Fincher, Edward Francis Finnie, John

Fisher, James Alfred.. Fischer, Willie Georg Fook Yu-chuen Fonseca, José Maria Foraita, Walter

Forbes, Duncan Douglas Forbes, Donald

Ford, William Falconer,

　Forder, George Fountain, Herbert Johu... Fox, Henry Leslie........... Fox, John Ariel............. Fox, Samuel John Henry Franco, Francisco Maria, Jr. Fraser, Archibald Dick Fraser, Alexander Stewart Fraser, David James .............. French, John Johnston Frost, Richard Yarworth Funck, Ernst Fung Chik-man

Fung In-cheung

Fung Kai-leung

Fung Tsz-nam

Fung Pak-ngok-

Assistant, Butterfield & Swire Engineer, H.K. Telephone Co., Ld. H.K. & Shanghai Bank Merchant, Dodwell & Co., Ld............. Manager, American Milk Products Co. Architect, Little, Adams & Wood Assistant, Butterfield & Swire Foreman, Taikoo Sugar Refinery Electrician, H.K. & Whampoa Dock

Co., Ld.

Clerk, Taikoo Dockyard

Cargo Supt., H.K. & Kowloon Wharf &

Godown Co., Ld.............

Book-keeper, Dollar S.S. Co. Assistant, Jebsen & Co.

Share Broker.......

Clerk, H.K. Electric Co., Ld.............

On premises. On premises. On premises.

Claremont Hotel, Kowloon. 14 Felix Villas, Pokfulam. 27B Nathan Road.

On premises.

On premises. Quarry Bay.

1 King's Park Building.

154 Belcher Street, Kennedy Town. On premises.

Fernandez Bungalow, K'loon Tong. 64 Parke Street, Top floor, K'loon.

General Manager, Texas Co. (China), Ld. On premises. Harbour Representative, Peninsula

Hotel

Assistant, Thos. Cook & Son, Ld. Merchant, Hughes & Hough, Ld. Engineer, Seimens China Co.

Assistant, China Underwriters, Ld. ........... Accountant, Green Island Cement Co., Ld. Assistant, Gilman & Co., Ld...................... Assistant, Gilman & Co., Ld. Assistant Shipyard Manager, Taikoo

Dockyard.......

Clerk, Benjamin & Potts

Merchant, Reuter Brockelmann & Co............... Assistant, Gay Kee

Assistant, Standard Oil Co...........

Assistant, A. Goeke & Co.

Manager, Andersen, Meyer & Co., Ld. Assistant, Bank Line, Ld.

Assistant, H.K. & Whampoa Dock

Co., Ld.

Assistant, Whiteaway, Laidlaw & Co. Piano Tuner, Anderson Music Co., Ld. Assistant, H. Skott & Co.

Clerk, Percy Smith, Seth & Fleming. H.K. & Shanghai Bank

Clerk, Messageries Maritimes Foreman, Taikoo Dockyard... Assistant, Standard Oil Co.....

Peninsula Hotel, Kowloon. Lauriston.

2 York Road, Kowloon. 1 Kimberley Road, Kowloon.

3 Liberty Avenue, Homuntin.

65 Waterloo Road.

6 Torres Building, Kowloon. 6 Torres Building, Kowloon.

Quarry Bay.

29 Elgin Street.

1 Thorpe Manor, May Road.

On premises.

10 Robinson Road.

On premises.

Macdonell Road, 13A. 173 The Peak.

Hong Kong Office.

...

On premises.

General Agent, States Steamship Co...... H.K. & Shanghai Bank

Asst., Asiatic Petroleum Co. (S.C.), Ld. Assistant, Jebsen & Co.

Assistant, Shewan, Tomes & Co........ Sub Accountant, Bank of Canton, Ld.. Clerk, Java-China-Japan Line Compradore, Reiss, Massey & Co., Ld. Clerk, Vacuum Oil Co.....

94A Nathan Road, Kowloon.

4 Leighton Hill Road.

63 Robinson Road.

On premises.

7 Homuntin St., Quarry Bay.

Kowloon.

Laichikok Installation.

6 Thorpe Manor, May Road.

On premises.

403 Hennessy Road.

3 Third Street.

On premises.

234 Wanchai Road.

11 Kwong Ming Street, 1st floor,

Wanchai.

Gaan, Martin Jose, Gahagan, Cyril Edwin Gardner, Johu

Acct., British-American Tobacco Co., Ld. 2 Observatory Villas, Kowloon.

H.K. Electric Co., Ld.................. Foreman, Taikoo Dockyard..

H.K.E.C. Qts. No. 8 Causeway Hill Quarry Bay.

249

NAME IN FULL.

OCCUPATION.

ADDRESS.

G-Continued.

Gardner, John

Gardner, Joseph..... Gardner, Louis

Gardner, William Frederick Garrett, Guy Watkins Garrod, Stanley Hall..

Gascon, Antonio........... Geall, Wiliam James Geare, Iltyd Henry

Gee, Charles Mcqueen Gerloff, K.

Gerrard, George... Gibson, James Smith.. Gibson, Lloyd....

Gilbert, Geoffrey Fitzgerald... Gidley, Sydney

Gittins, Samuel Victor Gittins, William Minto Gladstone, Arnold Francis Glover, Francis Harry

Goldenberg, Charles Archibald Goldenberg, Isaac Levy Goldenberg, William Goldin, Constantin........ Golecki, Anton

Gomes, Augusto Conceicao

Gomes, Francisco Xavier Gomes, José

Gomes, José Hyppolito Gomes, Luiz Braz

Gomes, Maximiano Antonio... Gonella, Ugo

Goncalves, Julio Augusto.. Gooch, William Ponder.. Goodall, Donald MacGregor... Goodman, Reginald James

Goodwin, David Alexander Goodwin, Frank.....

Gordon, Alan Grant Gordon, James Miller Gordon, Vyner Reginald Gosby, Herbert Jacques Gow, David Grimmond

Graça, José Athanasio

Maria de

Grady, John

Grant, James Norton.... Grant, Peter Strachan

Gray, Robert

Gray, Samuel.

Gray, Samuel Alexander

Greaves, Alexander Claude Greenberg, Isaac

Green, Douglas Samuel

Green, Samuel Ebenezer Green, Sydney George Greenwood, Ephraim.......... Greenwood, Stanley

...

Asst., Asiatic Petroleum Co., Ld.

On premises.

Asst., Union Ince. Socty, of Canton, Ld....... On premises. Assistant, Imperial Chemicals Industries

(China), Ld.

Asst., Union Ince. Socty, of Canton, Ld... II.K. & Shanghai Bank

Passenger Agent, Canadian Pacific

S.S. Co.

Service Manager, (Gascon Motor Co.).... Asst. Engineer, H.K. Telephone Co., Ld. General Manager, Vacuum Oil Co.......... Manager, National Aniline & Chemical Co. Assistant, Jebsen & Co. Clerk, Taikoo Dockyard J. S. Gibson

Auditor, Chase Bank Assistant, Arnhold & Co., Ld...... Clerk of Works, Leigh & Orange Salesman, Manufacturers Life Ince. Co... Electrical Engineer, W. Jack & Co., Ld.. Sub-Manager, H.K. & Shanghai Hotels Asst. General Manager, II.K. Tramways,

| Assistant, N. S. Moses & Co., Ld..

Broker

Merchant, N. S Moses & Co., Ld. House Manager, Star Theatre......... Clerk, Jebsen & Co.

11 Glenealy.

On premises.

2 Kwong Wah Road, Ho Mun Tin. On premises. Peninsula Hotel. On premises. On premises. Quarry Bay.

On premises. Peninsula Hotel.

15 Village Road, Happy Valley. 208 Lockhart Road.

23 Ashley Road, Kowloon. 17 Kent Road, Kowloon Tong. Peninsula Hotel.

359 The Peak,

284 Prince Edward Road. 18 Prince Edward Road.

7 Torres Buildings, Kowloon. 32 Wing Lok Building. On premises.

Assistant, Asiatic Petroleum Co., Ld.............. On premises. Clerk, Banque de l'Indo-Chine Assistant, Aruhold & Co., Ld

Asst., II.K. & Whampoa Dock Co., Ld... Accountant, William C. Jack & Co., Ld...] Assistant, Shewan, Tomes & Co....... Architect, Hazeland & Gonella Assistant, Botelho Bros. Sub-Acet.. National City Bank of N.Y Assistant, Lane, Crawford, Ld.............. Storekeeper, H.K. & Whampoa Dock

Co., L.

Director, W. S. Bailey & Co., Ld. Assistant Engineer, H.K. & China

Gas Co., Ld.............

2 Cambay Building, Ground floor. 79 Wong-nei-chong Road. On premises.

7 Knutsford Terrace, Kowloon. 10 Peking Road, 2nd floor, K'loon. 16 Broadwood Road.

558 Nathan Road, Kowloon. Peninsula Hotel.

1 Ava House, May Road.

On premises. Knutsford Hotel.

On premises.

Assistant, Jardine, Matheson & Co., Ld... 8 The Peak. Member, Furness (Far East), Ld.

•

Secretariat Asst., H.K. Tramways, Ld.... Assistant, Asiatic Petroleum Co., Ld. Chief Clerk, H.K. & Whampoa Dock

Co., L.

Assistant, Lammert, Bros.

Asst. Engineer, China Light & Power

Co. (1918), L

Manager, Arts & Crafts, Ld. Assistant, Butterfield & Swire Foreman, Taikoo Dockyard Engineer, H.K. & Whampoa Dock

Co., Ld.

....

Banker, H.K. & Shanghai Bank. Broker

Assistant, American Mill Products Co. Asst., Dunlop Rubber (China) Co., Ld.... Asst., H.K. & Shanghai Hotels, Ld.... Branch Manager, China Electric Co., Ld. Mechanic, H.K. & Shanghai Hotels, Ld... Butcher, Dairy Farm, I. & C. Storage

Co., L.

On premises.

22 Peak Mansions.

North Point Installation.

On premises.

12 Lochiel Terrace, Kowloon.

C.L.P. Staff Quarters', Tai Wan. On premises.

On premises. Quarry Bay.

On premises.

2 Excelsior Terrace.

18 Granville Road, Kowloon. 54в Nathan Road, Kowloon. 546 Nathan Road, Kowloon. Ou premises.

13 Braemar Terrace.

14 Essex Crescent, Kowloon Tong.

NAME IN FULL.

250

OCCUPATION.

ADDRESS.

G-Continued.

Gregory, Cyril

Gregory, Haik Matthews Gregory, Harry Arratoon

Gregory, Stanley Oswald Griffin, William George Griffiths, Wilsou Leyshon...... Grimble, Eric George Norton..] Grimes, Thomas Edward Grose, John Francis Grossart, Armin............. Grossman, Edward....... Grotenhuis, Dick Arnold ten

Grover, Lafayette Chace....... Groves, Walter Montgomerie.

Guston, Henry Thomas......... Guterres, Augusto Arthur dos

Santos.

Guterres, Luiz Eperanca Guterres, Jose Candido

Assistant, Daily Farm Ice & Cold

Storage Co, Ld.................. Merchant, T. M. Gregory & Co..... Assistant, Dairy Farm Ice & Cold

Storage Co., Ld...... Manager, Kelly & Walsh, Ld........... Asst, Engineer, II.K. Telephone Co., Ld. Acting Accountant, National City Bank. Grimble & Co.

Works Dept., Butterfield & Swire Sharebroker

Assistant, Bitzer & Co.... Exchange Broker....

Assistant, Nederlandsch Indische

Handelsbank

Teller, American Express Co., Ld.... Assistant, H.K. & Kowloon Wharf &

Godown Co., Ld.

Manager, W. A. Hannibal & Co......

Clerk, A. A. Lopez Accountant

Assistant, China Provident Loan &

Mortgage Co., Ld. .. ...

Guterres, Joaquim Jeronymo . Representative, Manufacturers' Life

Gutierrez, Luis Augustus Gutierrez, João Baptista Gutierrez, João Jose

Haase, Kurt

Hachiuma, Senzo

Hailey, Guy

Hale, William Eric

Insurance Co.

Asst., Union Ince. Socty, of Cauton, Ld....... ... Clerk, W. A. Hannibal & Co....

Bookkeeper, The Bank Line, Ld.

Merchant, China Import Export & Bank

Co., L.

Clerk, Mitsui Busan Kaisha H.K. Electric Co., Ld.... Assistant, China Underwriters, Ld.

Hall, George Albert Victor ..... Architect, Hall & Hall

Hall, Grey Martell...................

Hall, William

Hallgren, Haimer

Halsey, Alfred Olney, Jr.

.....

Sub-Manager, National City Bank of

New York

Architect, Hall & Hall.. Manager, Swedish Trading Co. Sub-Accountant, National City Bank of

New York

Hammond, Herbert William ... Traffic Supt., II K. Tramways, Ld.

Hampton, Horatio

Hamson, Arthur Bird

Hausen, Wallace John

Harbord, A. H. ........

Harper, Andrew Wallace

Assis aut, Lane, Crawford, Ld. Assistant, Wallace Harper & Co., Ld. Merchant, John Manners & Co., Ld....... Accountant, Lowe, Bingham & Matthews. Managing Director Wallace Harper &

Co., Ltd.

Harriman, Gilbert Archibald.. Broker

Harris, Frederic Thomas

Harris, Richard Vittorie

Harris, Sidney Samuel Harris, William Douglas Harrison, Albert Edward Harrison, Cyril George

Harrop, Joseph

Harteam, Hasim.

Hartig, Gottliev.

...

Hartley, Frederick Matthews.

Wharfinger, H.K. & Kowloon W. & G.

Co., L

Assistant, Mackinnon, Mackenzie & Co.,

Ld.

Chemist, Green Island Cement Co., Ld.... Sub-Acet., National City Bank of N.Y... Engineer, Naval Yard

Assistant, S. Montrie & Co...... Merchant, James H. Blackhouse, Ld................... Clerk, National City Bank of New York. Principal, Kruse & Co. Assistant, Asiatic Petroleum Co., Ld......

3 Humphreys Buildings.

3 Humphreys Buildings, Kowloon.

Claremont Hotel.

13 Macdonnell Road. On premises. Repulse Bay Hotel. 108 The Peak.

On Premises.

55 Conduit Road.

Ellenbud Villas, Sassoon Road. 1 Branksome Towers.

Ava House, 1 May Road. Peninsula Hotel.

62B Nathan Road. Hong Kong Club.

21 Cameron Road, Kowloon. 7 Ashley Road, Kowloon,

22 Granville Road, Kowloon,

9 Ashley Road, Kowloon. Union Building.

3 Carnarvon Villas, Kowloon, 49 Wing Lok Buildings, 2nd floor.

20 Lyeemun Building. On premises.

H.K.E.C. Quarters, 3, North Point. 7/9 Cameron Road.

7 Norfolk Road, Kowloon Tong.

31 The Peak.

91 Robinson Road.

3 Pokfulam, G. L. 2381.

Derrington Hotel.

2 Fung Fai Terrace, Top floor. Y.M.C.A., Kowloon.

4 Leighton Hill Road. On premises. On premises.

28 Prince Edward Road, Kowloon. 10 Ice House Street, 16 Macdonnell

Road.

12c Carnarvon Road, Kowloon.

On premises.

10 Hart Avenue, Kowloon, Repulse Bay Hotel.

St. George's Hotel.

13 Essex Crescent, Kowloon Tong. On premises.

13 Fung Wong Terrace. On premises. On premises.

251

NAME IN FULL.

OCCUPATION.

ADDRESS.

H-Continued.

Hartridge, Sydney Horace Harvey, Arthur Vere... Harvey, David

Haslett, W. B.

Hassan Dallah

Hast, Victor Mayor Hatch, Herbert Hatt, Charles Hausamanu, E.

Hawes, William Robert...... Heard, Augustine John Purcell Hedley, George Pattiuson...... Hedley, William Pattinson Heitmeyer, Horst Hellwig, A..

Hemsworth, Garrett Moore Henderson, George Henderson, Reid...

Hepburn, Robert Kirke.

Herdman, Andrew Elliott Heron, Arthur William

Herridge, Frank Gordon Hersee, Alfred Stanley

Herschend, Borge Hetchel, O......

•

Hewlitt, Arthur George Hickling, Clement Chinery Highet, Ian Hugh Campbell... Hill, David Smith Hill, Fred Arthur

Hillier, Wilfred Samuel.. Hirst, William Walter Hislop, D. K.

Ho Chung-chow.

Ho Ki

Ho Sang-hong

Ho Sze-kam

Ho Shiu-que

Ho Tung-sang, Hoare, John

Hoare, Robert Edward Holbrook, Eric Lawrence Holland, Edward Lester Holmes, Charles Ellwood Hope, Stewart Horridge, George Redvers

Hosie, Edward Lumsden

....

Houghton, Samuel James...... Howard, Henry John Howard, Frank Andrew Howard, Samuel

Howard, William James Howe Albert George Howie, Hames Jerbert

William

Inspector, H.K. Tramways, Ld. Air Pilot, Far East Aviation Co., Ld. Assistant, Dodwell & Co., Ld. Shipyard Manager, Brandt

& Co.,

Shipyard, South China Bldg. & Repairing Works, Ld. Assistant, Harry Wicking & Co Asst., H.K. & Whampoa Dock Co., Ld... Engineer, H.K. Electric Co., Ld. Engineer, H.K. Telephone Co., Ld.. Resident, Manager, Keller, Kern & Co.,

Ld.

Engineer, Far East Aviation Co., Ld. Assistant, Jardine, Matheson & Co., Ld. Assistant, Central Agency, Ld. Assistant, H.K. & W'poa Dock Co., Ld... Merchant, Reuter, Brockelmann & Co. Manager, Advertising & Publicity

Bureau

Agent, Canadian National Railways...... Carpenter, H.K. & W'pon Dock Co., Ld. Acting Wharf Mauager, Holt's Wharf ... Manager, Commercial Union Assurance

Co., Ld.

Assistant, Butterfield & Swire

Craft Supt., II.K. & Kowloon W. & G.

Co., L

Assistant, W. R. Loxley & Co. Assistant Secretary, H.K. & Shanghai

Hotels

Assistant, John Manners & Co., Ld. Merchant, F. Feld & Co.................... Architect

Assistant, Butterfield & Swire H.K. & Shanghai Bank

Engineer, H.K. Electric Co., Ld. Assistant, Duro Motor Co., Ld. Assistant, Lane, Crawford & Co., Ld.. Manager, Steam Laundry Co., Ld. Assistaut, Thomas, Cook & Son.... Clerk, National City Bank of New York. Compradore, Arnhold & Co., Ld. Hos. International Confidential

Service

...

Compradore, Alex. Ross & Co. (China),

Ld.

Assistant, Wallem & Co................. Assistant, Gay Kee

Office Gunner, Mackinnon, Mackenzie

& Co.

...

Assistant, H.K. & W'poa Dock Co., Ld... Accountant, H.K. & Shanghai Hotels Works Supt., H.K. & China Gas Co., Ld. Asst., Dodwell & Co., Ld. Draughtsman, Taikoo Dockyard................ Assistant, Imperial Chemicals Industries

(China), Ld.

Secretary, H.K. & Whampoa Dock

Co., L.

Clerk of Works, Palmer & Turner... Assistant, Standard Oil Co. Cashier, Chase Bank.....

Share Broker......

11 East Point Terrace. 9 Magazine Gap Road. 41 Humphreys Building.

To Kwa Wan.

6 Pickem Street, Kowloon. On premises.

120 Whitfield, Top floor. On premises.

Peninsula Hotel.

5 Prince Edward Rd., K'loon Tong. Jardine's Bungalow, East Point. 2 Waverley Terrace. On premises.

9 Felix Villas, Pokfulum.

3 York Road, Kowloon Tong. Repulse Bay Hotel. On Premises.

Highlands, Austin Avenue, K'loon.

On Premises. On premises.

29 Humphreys Buildings. On premises.

Peninsula Hotel.

On premises.

3 Aigburth Hall, May Road.

37 Humphreys Buildings.

On premises.

H.K.E.C. Quarters, 3 North Point.

I Chatham Road.

la Robinson Road.

262 Prince Edward Road. Overbays, Deepwater Bay. 59 High Street, 3rd floor. 42 Kennedy Road.

31 Wyndham Street, Top floor.

34 Li Po Leung Path, West Point. 224 Wanchai Road. On premises.

On premises. Cosmopolitan Dock. Huntingdon, Hong Kong. On premises. 173 The Peak. Quarry Bay.

137 The Peak.

On premises.

9 Kent Road, Kowloon Tong.

4 Yue Kwong Terrace.

Peninsula Hotel.

16 Macdonnell Road.

Freight Clerk, Canadian Pacific S.S. Co... 3 Tak Shing Street, Kowloon,

Wilkinson, Heywood & Clark

15 Macdonnell Road.

Assistant, Shewan, Tomes & Co.

7 Cameron Road, Kowloon.

252

NAME IN FULL.

OCCUPATION.

ADDRESS.

H-Continued.

Huang, Sydney Hulbert, George Raymond

Hume, Donald William

Humphreys, Alfred David...... Humphreys, George Carlton... Humphreys, John David Hung, A. J. Hung Hing-fat

Hung Ho-chin

Hunt, James Hubert ........... Hunt, John Herbert Hunter, Henry James Hunter, James

Hyde, Charles Frederick

Hyde, James

Hyde Lay, Alexander

Hyde, William

Manager, Hanley & Co.

Radio & Electrical Engineer, Williamson

& Co.

Chief Engineer, Taikoo Sugar Refinery

Ci, L.

Asst., Dodwell & Co., Ld. Assistant, Asiatic Petroleum Co., Ld. Merchant, J. D. Humphreys & Son Manager. St. Francis Hotel..

Assistant Compradore, H.K. & Kowloon

W. & G. Co., Ld.

Compradore, Meyerink & Co.

On premises.

Y.M.C.A., Kowloon.

Woodside, Quarry Bay. Claremont Hotel. On premises

On premises.

88 Robinson Road.

Engineer, Jardine Engineering Corpn. Ld. 3 Saifee Terrace.

Secretary

Marine Engineer, Bradley & Co.

Supt. Fittings Dept., H.K. & China Gas

Co., L.

Banker, H.K. & Shanghai Bank

Clerk of Works, H.K. & Kowloon Wharf

& Godown Co., Ld.

Merchant, Dodwell & Co., Ld Engineer, H.K. Rope Manufacturing

Co, L

Hyndman, Henrique Antonio. Clerk, Mercantile Bank of India

Hyndman, Henry

Clerk, II.K. & Shanghai Banking Corpn.

Y.M.C.A., Kowloon.

On premises.

31 Humphreys Building.

3 Armend Buildings, Kowloon.

31 Humphreys Buildings, Kowloon. 33 Leighton Hill Road. On premises.

Ildefonso, Lucio Rivera

Inch, Arthur

Ingram, Archibald William

Ip Fook Ling

Ip Hang Foug

Ip Hin Fong Leland, Alexander.. Ireland, Hubert Upshon Ismail, Sheik Hassan... Ismail, Sheik Rumjahn. lu Tak-chung....

.....

Clerk. American Express Co.

577 Nathan Road, Kowloon.

Assistant Superintendent, Texas Oil Co. Ou premises.

Secretary

Clerk, Lane, Crawford, Ld...

Agent's Manager, Compagnie Optorg Asst., Compagnie Optorg

Engineer, H.K. Telephone Co., Ld........ Asst., Butterfield & Swire

Clerk, National City Bank of New York. Asst., H.K. & K'loon W. & G. Co., Ld... Civil Engineer, J. Caer Clark...................

Y.M.C.A., Kowloon.

10 On Wo Lane.

417 Hennessy Road, 1st floor. 20 Lan Kwai Fong. On premises. On premises.

410 Hennessy Road. 3 Moreton Terrace. 11 Kennedy Street.

Jack, Lawrence

Jack, Richard Maxwell.. Jackson, Cyril

Jaffer, Miller Haijimahomed... Jaines, Charles Patrick Fitz

Gerald

James, Leslie Keir..... Jeffery, Thomas Vernon Jeffreys, Arthur Charles Jenkins, Alan Frederick Jenner, Frederick James Henry

Jensen, Carl Valdemar

Assistant, Standard Oil Co...... Assistant, Asiatic Petroleum Co., Ld. Asst., Dairy Farm, Ice & Cold Storage

Co., L......

Chief Clerk, Currimbhoy & Co.

Chief Clerk, Dollar S.S. Line................ Sub-Accountant, Chartered Bank Assistant, Dodwell & Co., Ld................. Inspector, H.K. Telephone Co., Ld. Mercantile Assistant, Dodwell Co., Ld.... Boatswain, II.K. & Whampoa Dock

Co., L...

Engineer, Andersen Meyer & Co. Jesus, Arturo Gregorio de .... Typist, American Express Co.

Jex, Starling

Jex, Thomas Carrick......

278 Prince Edward Road. North Point Installation.

Claymore, Pokfulum. On premises.

5 Minden Villas.

103 The Peak.

404 Lockhart Road, 3rd floor. On Premises.

Two Bays, Repulse Bay.

On premises.

SA Boundary Street, Kowloon.

35 Wing Lok Building, Nathan Road,

Kowloon.

7 York Road, Kowloon Tong.

Assistant, Union Trading Co., Ld.......................... Assistant, Asiatic Petroleum Co., Ld......! On premises.

253

NAME IN FULL.

OCCUPATION.

ADDRESS.

J-Continued.

Jiro, Metoki

Johannessen, Reidar

Johnson, Rickard Seymour Johnson, Rolf... Johnson, William Daniel Johnstone, Alan Colville Johnston, George Gordon.. Johnston, William Murray

Jones, Edward

Jones, Henry Stephen Jones, Joel Russell

Jong. Hendrick Bungenberg de Jong, Rohan de Josselin de Joseph, Ellis.... Joseph, Felix Alexander Joseph, Harry Bernard June, James Kim Fook

Kader, Abdoul Rahim Kailey, William Kastmann, Karl Keeley, Bernard James Keith, Allan

Keith, David Luckie

Keller, Harry

Kelly, George..

Director, Ito & Co. Manager, Wallem & Co. Assistant, Butterfield & Swire Principal, R. Johnson & Co. Sub-Accountant, Chartered Bank Engineer, Dodwell & Co., Ld. Assistant, John Manners & Co., Lil. Time-keeper, II.K. & Whampoa Dock

Co., Ld.

Assistant, Butterfield & Swire Assistant, H.K. Electric Co., Lt. Manager, Connell Bros. Co.

Assistant, Holland China Trading Co.... Shipping Clerk, Java-China-Japan Lijn... Assistant, Grosse & Co.

F. A. Joseph.......

Broker, A. P. Greaves..

138 Kennedy Road. 3 Luna Building. On premises.

5 Bowen Road. 103 The Peak. Knutsford Hotel. On premises.

On premises.

Ou premises.

18 Conduit Road.

104 Waterloo Road, Kowloon. 20 Lyeeman Building.

5 Aigburth Hall.

4 Felix Villas.

50 The Peak.

4 Felix Villas

Asst., H.K. & K'loon W. & G. Co., Ld...' 3 & 3A Ashley Road, Kowloon.

Clerk, Chartered Bank.

Assistaut, Standard Oil Co.

Assistant, John Manners & Co., Ld. Assistant, Asiatic Petroleum Co., Ld... Secretary, Green Island Cement Co., Ld. Shipwright, H.K. & Whampoa Dock

Cu., L.

Merchant, Keller, Kern & Co., Ld................ Stenographer, Freight Department,

Canadian Pacific Steamships, Ld.. Kekwick, Harrison Andrew ... Sworn or Official Measurer Kempton, John

Kennedy, Frederick Patrick... Keown, Richard McArthur Kerley, Victor George Kern, Ernest

Kew, Arthur James

Kew, Cecil

Key, Maurice Frederick Khan, Juman

Kilby, Donald Frank...

Kinchin, Alert Victor....

King, Dudley Leonard

King, James Joseph Osborne. King, Marion Bailey Kinghorn, John Richard Kinnaird, John Daniel Kirby, Augustus Montilimon.. Kirkwood, Robert Kitchell, Armin Kitchell, Omar

Knight, John Stephen

Knight, Thomas Leonard Ko Leong-hoe Ko Yau-cheong Komor, George Fernani Kooter, Jacob Blaauw Kotewall, Robert Hormus......

Kovner, George Euthymus

Electrician, H.K. & W'poa Dock Co., Ld. Assistant, Asiatic Petroleum Co., Ld...... Draughtsman, Taikoo Dockyard... Electrical Engineer, H.K. Electric Co., Ld. Merchant, Keller, Kern & Co., Ld. Assistant, Andersen, Meyer & Co., Ld. Assistant, American Express Co. Secretary, Chamber of Commerce

On premises.

Laichikok Installation 7 Queen's Road Central, Taikoktsui.

Cement Works, Kowloon.

Cu premises. Peninsula Hotel.

20 Staunton Street. 13A Macdonnell Road. | On premises. On premises. Quarry Bay.

7, Hankow Road, Kowloon. Roadside, Pokfulam.

1 Cumberland Road. 8 Castle Terrace. Peak Hotel.

Assistant, K. & K. W. & G. Co., Lal..... 1 & 3 Ashley Road, Kowloon, Assistant, Nestle & Anglo-Swiss

Condensed Milk Co.

Stables Manager, H.K. Jockey Club

Stables

Secretary, China Provident Loau &

Ld.

Mortgage Co., Ld. Jeweller, G. Falconer & Co. (H.K.), Secretary, Dragon Motor Car Co., Ld. Assistant, China Navigation Co., Ld. Godown Manager, Davie Boag Co., Ld.... Attorney, Standard Oil Co

Engineer, H.K. Telephone Co., Ld... Stock Broker, O. Kitchell & Co..... Stock Broker, O. Kitchell & Co....... Transhipping Clerk, Dollar S.S. Co. Manager, H.K. Motor Accessory Co..... Managing Director, Ho Hong Bank Stenographer, Reiss, Massey & Co. Komor & Komor

Staff, Wallem & Co......... Principal, R. H. Kotewall & Co.

Engineer, General Electric Co. of China

Ld.

Y.M.C.A., Kowloon,

On premises.

196 The Peak.

On premises.

3 Yue Kwong Terrace, Hong Kong.

On premises.

5 May Road.

On premises.

34 Leighton Hill Road.

8 Sung Yee Street, Kowloon City.

3 Norfolk Road, Kowloon Tong.

5 Moreton Terrace.

25 Shelley Street.

292 Prince Edward Road.

10 Hart Avenue, Kowloon. Hatton House, Kotewall

26 Conduit Road.

59 Nathan Road, Kowloon.

Road,

254

NAME IN FULL.

OCCUPATION.

ADDRESS.

K-Continued.

Kristofersen, Proitz Kroeger, Alfred

　　Krogh-Moe, Josef Kuelps, Fritz Kunihiro, Mitsuji Kutzback Wilhelm Kwan Sit-kwan

Assistant, Thoresen & Co., Ld. Asst. Manager, Deutsche Farben-Han- delsgesellschaft Waibel & Co. Superintendent, Thoresen & Co...... Book-keeper, Jebsen & Co...... Managing Director, Oriental Trading Co. Assistant, Carlowitz & Co.

Clerk, Canadian Pacific Steamships, Ld.

10 Carnarvon Road, Ground floor.

R.B.L. 174 Pokfulum. 18 Peak Mansions. On premises.

2 Village Road.

5 Luna Buildings, Kowloon. 20 Wing Fung Street, Wanchai.

Labrum, George Beresford Labrum, Victor Charles.. Lacon, Bernard John...... Lafleur, Franciscus Hucertus Joseph Alphonsus

Lai Im-tong

Lai Shuk-chuen

　　Laing, John Lam Kwok-tsoi

Lam Kwong-sik Lam Ming-fan Lam Shun-sang Lam Tit-hong Lam Wan-po Lam Yau-tak

Lamb, George Frederick

Lamb, Harry James Lambelet, Adrian Lammert, Alfred Herbert Lammert, Lionel Eugene Landolt, Joseph Savage.. Landsbert, Albert Leslie

Lane, Alfred James Lanepart, Herbert Edward Langley, Charles William........... Langston, Arthur Golden Lapsley, Robert Larssen, Karsten Lau Yuk-wan... Laurel, Francisco Paulo... Lauritsen, Christian

Law, Colin James Drummond. Law, Robert Colville Lawrence, George Alfred...

Lawrie, John Ferguson... Lawso, John Antony Lawson, James Wheeler

Leach, Arthur

Lebert, William Henry Leckie, William Fletcher Lee Chin-fen

Lee Chung-chee.............

Lee Chung-ping..... Lee, F. W.

Lee, George

Lee, John Stirling

Printers Secretary, Ye Olde Printcrie, Ld. Master Printer, Ye Olde Printerie,d.... Manager, Jardine Engineering Corpn. Ld.

...

Manager, Holland China Trading Co. Asst., Union Ince. Socty, of Canton, Ld... Manager, S. C. Lay & Co. Foreman, Taikoo Dockyard

Store Keeper, Taikoo Sugar Refinery

Co., Ld.

Clerk, Mackinnon, Mackenzie & Co. Secretary, Kowloon Motor Bus Co., Ld... Assistant, A. Goeke & Co.

Clerk, Sun Life Assurance of China

5 York Road, Kowloon Tong. Essex Crescent, Kowloon Tong. Mt. Davis, Pokfulam.

88 Nathan Road. Union Building.

375 Hennessy Road, 2nd floor. Quarry Bay.

1 Murray Place, Quarry Bay. On premises.

731 Nathan Road, 1st floor. On premises.

Gloncester Building.

Asst. Compradore, American Express Co. 2 Tak Shing Street. Principal, Fook Tei Co.

Inspector, British Wireless Marine

Service

Manager, Arthur & Co. (Export), Ld..... Assistant Manager, Chase Bank

Assistant, Furness (Far East), Ld...... Auctioneer, Lammert Bros

Assistant, Canadian Pacific S.S., Ld. Electrical Engineer, Reiss, Massey

& Co. Architect

42 Western Street, Ground floor.

Y.M.C.A., Kowloon,

Cecil Hotel.

Lauriston, 1 Bowen Road. On premises.

16 Peak Mansions.

... 581 Nathan Road.

Merchant, Y. T. King & Co. Assistant, Central Agency, Ld. H K. Electric Co., Ld......................... Asst., H.K & Whampoa Dock Co., Ld.... Managing Director

Banker, Hong Nin Savings Bank, Ld.... Assistant, Jardine, Matheson & Co., Ld... Managing Director, Dragon Motor Car

Co., Ld.

H.K. & Shanghai Bank Assistant, Butterfield & Swire Manager, S. W. Factory, A. S. Watson

& Co.

Assistant, Butterfield & Swire Assistant, Reiss Massey & Co., Ld. Asst. Supt. Engineer, Jardine, Matheson

& Co, Lủ.

Sales Manager, Vacuum Oil Co. Manager, Java-China-Japan Lijn

...

Asst., Union Ince. Socty. of Canton, Ld... Asst., H.K. & K'loon W. & G. Co., Ld... Assistant Engineer, Palmer & Turner Compradore Department, Holt's Wharf... Sales Manager, New Zealand Perpetual

Forests, Ld.

Assistant, Asiatic Petroleum Co., Ld. H.K. & Shanghai Bank

1 York Road.

On premises.

11 Nanking Street.

5 Lyeemun Terrace, Kowloon. 287 The Peak. On premises.

7 Peak Mansions.

29 Wongneichong Road. 579 Nathan Road, Kowloon.

18 Macdonnell Road.

On premises.

Aerated Water Factory, North Point. On premises.

193 The Peak.

3 Dorset Crescent, Kowloon Tong. 269 The Peak.

1 Stewart Terrace, The Peak. On premises.

5 & 5a Ashley Road, Kowloon. No. 1 Prince Terrace.

241 Nathan Road, 2nd floor, K'loon.

1 Beautiful Terrace. On premises.

Ou premises.

255

NAME IN FULL.

OCCUPATION.

ADDRESS.

L-Continued.

Lee, Joseph William... Lee, Koon Kang Lee Kwok-cheung Lee Lernm Ping.... Lee, Phillip Sydney Lee, Richard Charles. Lee, Rodney Lee Shiu-kai. Lee Wa-chue

Lee Woon-tsoi

Lee Yook-quan

Legge, Gilbert Barnet Leiper, Gerald Andrew.. Leitao, Eduardo Ignacio Read. Leite, Luis Augusto Pitter Lenox, Ian Donald..... Leong Yue-sang. Leung Po-shan

Levkovich, Basil Ivanovitch... Li Chi-hung

Li Chor-chi

Li Kam-hi

Li Po-chun Li Shu-fong Li Sui-wing

Li Tung Li Yin... Liang Han-chih

Liew Peng-kong Lim Seow-chong

Linennen, Frederick

Litton, John Letablere

Lo In

Lo Kan

Lo Kim-san.....

Lo Kum-ying

Lo Ming-yue Lo Yam-man Lo Yuk-tong Lobel, Frank

Loh Meng-choon

Long, Joseph Cecil Longfield, Stuart

Lopes, Arthur dos Anjos Lopes, Carlos Augusto Lopes, Duarte Ferrer.... Lopes, Secondino Antonio Lorimer, William Gourlay.. Louey Gar-chong Louey Sui-tak

Low, George

Low Hok-kwong

Low, Victor Thomas Lowcock, Henry........ Lowe, H. J. D.

Lowrie, John

Loynes, Walter Cyril.... Lu Chung-ching.......

Clerk, Java-China-Japan Lijn Chief-Accountant, Bank of East Asia Engineer, Gay Kee Assistant, A. J. Lane.

Merchant, China Mercantile Co., Ld.... Civil Engineer, Leigh & Orange... Assistant, Asiatic Petroleum Co., Ld. Manager, R. H. Kotewall & Co... Assistant, Shewan, Tomes & Co. Asst. Cashier, Bank of Canton, Ld.

On premises. On premises.

4 Peking Road, Kowloon. I Sharp Street, East.

11A Cameron Road, Kowloon. On premises.

On premises.

26 Conduit Road.

16 Bowring Street, 1st floor, K'loon. 3 Lau Lee Street.

On premises.

103 The Peak.

6 Devon Road. Kowloon Tong.

| 8 Middle Road, Kowloon.

On premises.

Chinese Agent, Canadian Pacific S.S., Ld. 2 Edward Buildings, Kowloon. G. Legge & Co.................... Sub-Accountant, Chartered Bank Assistant, China Underwriters, Ld. Assistant, Dairy Farm I. & C. S. Co., Ld. Asst., Union Ince. Socty, of Canton, Ld... Engineer, Yue Sang & Co. Clerk, Lane, Crawford, 1.d. Engineer, Texas Co., Ld. Accountant, E. D. Bush & Co. Sub-Accountant, Ho Houg Bank Canadian Government Office

Financier

...

Sub-Accountant, Bank of Canton, Ld. Compradore, Davie, Boag & Co., Ld................. Accountant, Bank of East Asia, Ld. Broker, Kruse & Co.

Representative, Manufacturers' Life

Insurance Co......

Assistant, Dodwell & Co., Ld.. Assistant, Ho Hong Bank, Ld.....

18 Arbuthnot Road.

365 Hennessy Road.

United Terrace, Homuntin.

68 National Bldg., Causeway Bay.

37 Kai Tack Bund.

2nd floor, 132 Yee Kuk Street,

Shamshinpo, Kowloon.

Strathallen, 39 Robinson Road, 2 Tramway Path.

On premises.

497 Nathan Road, Kowloon.

2 Illumination Terrace.

775 Nathan Road.

23 Man Cheong Fong Terrace, Happy

Valley.

Assistant, Dairy Farm, I. & C. S. Co., Ld. 6 Gresson Street.

Assistant, Benjamin & Potts.

Clerk, H.K. Jack & Co

Managing Director, H.K. Amusements Compradore, Bodiker & Co. Clerk, Dollar S.S. Line

Compradore, Reuter Brockelmann & Co.. Assistant, G. U. da Roza

Managing Director, Bakilly & Co., Ld.... Import Manager, Arnhold & Co., Ld................. Assistant Chemist, Taikoo Sugar

Refinery Co., Ltd.

Assistant, Lane, Crawford, Ld. Hong Kong Electric Co., Ld. Broker

Assistant, Bank Line, Ld. Assistant, Standard Oil Co. Accountant

Account., P. & O. Banking Corporation... Manager, Kowloon Motor Bus Co., Ld.... General Manager, Kowloon Motor Bus

Co., Ld.

Assistant, Shewan, Tomes & Co. Cashier, Vacuum Oil Co....

Engineer, Palmer & Turner Secretary, Chinese Estate, Ld. Director Manager, Imperial Chemicals

Industries (China), Ld. ........... Office Gunner, Mackinnon, Mackenzie

& Co.

Mercantile Assistant, Dodwell & Co....... Sub. Manager, National Commercial &

Savings Bank, Ld...................

3 Tak Ching Street, Kowloon.

On premises.

16 Village Road.

56 Queen's Road East.

97 Caine Road.

6 Cumberland Road, Kowloon Tong. 21 Village Road.

19 Kennedy Road.

9 Branksome Towers.

33 Village Road, Top floor. Y.M.C.A., Kowloon.

H.E.C. Quarters, 1 Duddell Street.

7 Rutland Quadrant, K'loon Tong.

4 Soares Avenue, Homuntiu.

16 Knutsford Terrace. 288 Prince Edward Road. Kingsclere, Kowloon. Pioneer Building, Kowloon.

Pioneer Building, Kowloon. 39 Bute Street. Gr. floor, Kowloon. Sam Lok Yuan, Sai Yueng Street,

2nd floor, Kowloon.

14 Boundary Road, Kowloon. 26 Conduit Road.

407 The Peak.

On premises. 328 Lockhart Road.

67 Tunglowan Road, Ground floor,

National Building, H.K.

256

NAME IN FULL.

OCCUPATION.

ADDRESS.

L- Continued.

Lubeseder, Hans

Lueer, Heinrich

　Lubring, Hans Lui Chung-sun Luk Kung-pa. Luk Kung-po Luk, Oiwan....

Lunny, James Francis

Luz, Alvaro Augusto da

　Luz, Archibaldo Maria da...... Luz, F. J. da

Luz, Henrique da

Assistant, China Export and Import and

Bank, Co., Ltd.

Salesman, Deutsche Farben-Handels-

gesellschaft Waibel & Co...... Assistant, Kruse & Co.

Assistant, J. M. Alves & Co., Ld. Clerk, F. Feld & Co. Clerk, G. E. Huygen

Chinese Ince. Manager, New Zealand

Ince. Co., Ld.

Engineer, H.K. Electric Co., Ld. Clerk, H.K. & Shanghai Bank Clerk, Dollar S.S. Line

Meter Superintendent, China Light &

Power Co., Ld.

Assistant, H.K., Canton & Macao

Steamboat Co., Ld.

Luz, José Maria de Lourdes... Assistant, Standard Oil Co......

Lyle, David....

Lyon, David

Foreman, Taikoo Dockyard.....

Assistant, Jardine, Matheson & Co., Ld... Installation Engineer, China Light &

Power Co., Ld.

229 Nathan Road, Kowloon.

R.B.L. 174, Pokfulam. 38/40 Kennedy Road.

43 Caine Road, Ground floor. 197 Hennessy Road, 2nd floor. 197 Hennessy Road, 2nd floor.

14 Arbuthnot Road. Ou premises.

On premises.

2 Peace Avenue, Homuntin.

311 Nathan Road, Top floor, K'loon,

16 Macdonnell Road.

4 Saifee Terrace.

Quarry Bay.

8 The Peak

C.L.P. Staff Quarters, Tai Wan.

Ma Wai-but

Ma Wai-lum

Macadam, David James MacArthur, Andrew MacArthur, Neil....... Macaski, Kenneth Roderick.. Macaulay, Alastair Murray Macdonald, Joseph... Macdonald, J. B.

Chief Cashier National Commercial &

Savings Bank. Ld.............

Secretary, A. B. Moulder & Co., Ld. Assistant, Central Agency, Ld. Clerk, Taikoo Dockyard Foreman, Taikoo Dockyard.......

Asst., II.K & Whampoa Dock Co,, Lil... Assistant, Butterfield & Swire Assistant, Asiatic Petroleum Co., Ld. Chartered Accountant, Lowe, Bingham

& Matthews

Macdonald, Thomas Rose...... Assistant, Jardine, Matheson & Co., Ld... Macdougall, Robert Ernest ... Assistant, Jardine, Matheson & Co., Ld... Macey, Leslie William Robert | Storekeeper, H.K. & Whampoa Dock

Macfarlane, Alexander

Macfarlane, Malcolm.

Macfarlane, William

Co., Ltd.

Engineer, Dairy Farm I. & C. Storage

Co., Lủ.

Assistant, Butterfield & Swire

Engineer, Dairy Farm I. & C. Storage

Co., L.

Machado, Francisco Antonio... Assistant, China Provident Loan &

Mortgage Co., Ld.

MacIndoe, Andrew........ Macintosh, Neil Mackenzie Mackay, Charles

Draughtsman, Taikoo Dockyard.

Assistant, Butterfield & Swire

Mackenzie, Alexander

Mackenzie, Allan

Timekeeper, Taikoo Dockyard Assistant, Standard Oil Co..... Assistant, Dairy Farm Ice & Cold

Storage Co., Ld.........................

Mackenzie, Andrew Neilson... Assistant Engineer, H.K. & Kowloon

Mackenzie, David.........

Mackenzie, John Murdo

Mackenzie, Kenneth Mackintosh, Frederick

Alexander...

MacKnight, John

Maher, Francis William

Wharf & Godown Co., Ld. Engineer, H.K. & Kowloon Wharf &

Godown Co., Ld.................

Asst., Marine Dept., Canadian Pacific

S.S. Co., Ld.

Banker, H.K. & Shanghai Bank...

Manager, Mackintosh's, Ld. Manager, Mustard & Co., Ld................ Shipwright Diver, H.K. & Whampoa

Dock Co., Ld. .

22 Kennedy Road, Hong Kong. 49 Bonham Road. 20 Peak Road. Quarry Bay. Quarry Bay.

Ou premises.

On premises.

North Point Installation.

On premises. Hong Kong Club. 106 The Peak.

On premises.

Ice Works, East Point. On premises.

Claremont Hotel.

24 Granville Road. Quarry Bay. On premises. Quarry Bay.

13 Homuntin Street.

29 Canton Road, Top floor.

32 Humphreys Building, Kowloon.

32 Humphreys Building, Kowloon,

2 United Terrace, Homuntin. On premises.

270 The Peak. Claremont Hotel.

On premises.

257

NAME IN FULÁ

OCCUPATIONA^{

ADDRESS. MAX

M--Continued.

Major, Harry Richard Mak Kam-vuk Malterre, J. H... Mandracchia, Joseph Mann, George Carl

Asst., Union Ins. Socty. of Canton, Ld... On premises.

Clerk, National City Bank of New York 16 Pokfulam, 1st floor. 1 Assistant, St. George's Hotel ...... On premises. Per Pro. Manager, Chase Bank wi...18 Lyeeman Buildings. Assistant Manager, Java, China &al chronol

ted zingJapan. Line...............................yekundi

Maun Kwong-wong ....Secretary, National Commercial &

..... On premises.

　　　　　　　　　　　　　　　　Savings Bank, Led/J.. 55.721, käredaj K.LL, No. 1683, Prince Edward Rd. Manners, John ............vainen Merchant, J. Manners & Co... Ld... On premises. Manning, Ernest....Assistant, I. D., Hutchison & Co. //...... 19 Babington Path: Mansfield, William Robert.... Asst., Union Ince, Sooty. of Cantor, Ld... -On/premises. Manton, Alfred Joseph ... Manuk, Malcolm

and

Marçal, Henrique Oscar.....

Markar, Cassim Gafull. Marques, Francisco Luiz Marques, José Daniel Marques, Luiz Zeferino..

Marriott, Henry .......

Marshall, Daniel....... Marshall, George Vincente

Traffic Inspector, H.K. Tramways, Ld....476 Lockhart Road, 2nd floor. Secretary, Dairy Farm I. & C. Storage

yfzeny Co.,. Lid. .........................diuiduaaldo analisiloval. Peninsula Hotel.

Clerk, Netherlandsche Indischen

ebung at Commercial Bank s......

Tarik

!!............. Marshall, Herbert Marshall 4 Marshall, James Gray Marshall, Walter Leonard...

Martin, Alfred Edgcombe Martin, Alfred John James Martin, Thomas Archdale....... Massey, Brian Phillips -Masson, John Robertson

Matchin, William James:

Mathieson, Neill...

558. Nathan Road, Kowloon.

Clerk, Hölland-China Trading Co.............1.353 Lockhart Road, H.K.¡ Asst... Union Ince. Soety, of Canton, Ld... On/premises. Asst., II.K. & Whampoa Dock Co., Ld.... Clerk, Chartered Bank

Sergt. of Police, H.K. & Whampoa Dock

Co., Lt

Ou premises.

2 Soares Avenue, Homnntin.

doombotol...ikuid..... Ou premises. Assistant, H.K. and China Gas Co., Ld... On premises.

Assistant, S. J.. David & Co. Salesman, H.K. Electric Co., Ld. ¡¡. Chief Manager, J. G. Marshall & Sons... Assistant General Manager, Standard!

Oil Co..........................h.

་་।***

Knutsford Hotel.

13 Bowen Road.

7 Seen Keen Terrace, Causeway Bay.

18 Peak Road.. Od premises.

64A Nathan Road, Kowloon.. .. 7 Branksome Towers!

On premises.. On premises..

Per pro. Mackinnon, Mackenzie & Co... Clerk, Vacuum Oil Co ..........................

Assistant, E. D. Sassoon and Co., Lal. H.K. & Shanghai Bank ...di Management, Butterfield & Swire ....... Engineer, H.K. & Whampoa Dock

a Co., Ld.

Opremises.

Assistant,. Butterfleki & Swire... .............. On premises. Matthews, Charles Buchan ... Draughtsman, Taikoo Sugar Refinery On premises.. Matthews, Williamo!!.................!!Assistant, Asiatic Petroleum Co., LdNorth Point. Maunder, Frank Gorllon |] Chief Accountant, Thomson & Cb....... Hong Kong. Club.

Clerk, American Express. Co. il................ 284 Lockhart Road.

Maurice, Mathew Stephen

!... Asst., H.K, & K'loon WT& G. Co., Ldson 1-3 Ashley. Road, Kowloon.

On premises.

Maxwell, John Jex

May, George Thomas

May, Leon

May, Oscar

Mayhew, John Wesley

Maynard, David Macrum

McAvoy, Dennis George

McCorinack, John

McEachran, Alexander

McEwan, James Dodds.

Assistant, Standard Oil Co..

Assistant, Asiatic Petroleum Co., Ld. Secretary, Credit Foncier d'Extreme-

Orient

102 Waterloo Road. I.

Manager, Bodiker & Co. ul.

L...

Ellenbud Villa, Sassoon Road.

Friston Cottage, May Road. Avh Mansions.

On premises. Zoom! Quarry Bay.

lovdent #214

Assistant, U. S. Trade Commissionter.... Assistant,. Asiatic. Petroleum Co, Lid.

www.Clerk,. Tajkoo, Dockyard boli.addesi. A.....but

young)

Redford dui..bwa.uz/Akristaut,. China Navigation S.SI Co. On premisesulenten vil

Assistant, Butterfield & Swirebo7., Jium Quf premises, timel McFarlane, Johhi viduiz...wi}} Asst., Union Ince..Socty. of Cantoir, Lidus!] On premises.

McFerran, David Email, rundad

McIntosh, James Stuart

McKay, Douglas Desmond McKay, Hugh Stewart- McKechnie, Hugh...... McKellar, Alexander?!...

McKelvie, John...........

Engineer, Dairy, Farm 1. & E. Storagef

Al Co., Ld. ii. 2.2.ibeli. Jouf.Nogun-Feel Works, East Point;

Chief Draughtsman, HK & Whampoart?

bel

Dock. Co., Ld........................................074 On premises. Freight Clerk, Dollar S.S7 Lihe 1., tolmuş 19 Tregunter Mansions Electric Engineer,.H.K. Electric, Cb.j Ld.) H.E.C. Quarters, 9 Causeway Hill. Engineer, Taikoo Sugar Refinery...Ohi premises.. Assistant, Mackinnon; Mackenzie &) Coqdan 17

oziro}A

#Q) Lud.h.1...........abandol.momsumudi, 2.2LIT....Q premises. Boilermaker, H.K. & Whampoa Doeken A

　　　　　　　　　　　　　　　　Coy Edi puikt.. A. Lustently. Of premises... barel McKenzie, William Louis.... Chartered Accountant, H.K..Telephone.

A. On premises....

M woll

EW-T

258

NAME IN FULL.

OCCUPATION.

ADDRESS.

M-Continued.

McLaggau, James Ormiston...

McLean, William

McLeod, George..

McNeillie, David

Draughtsman, H.K. & Whampoa Dock

Co., L

Assistant, Shewan, Tomes & Co. Foreman, Taikoo Dockyard

Foreman, Taikoo Dockyard

McPherson, John Livingston..] Secretary, Chinese Y.M.C.A

McTavish, Hector McEwen ... Met. Chemist, H.K. & Whampoa Dock

Mead, Richard George Usher Meadows, Robert Samuel

Meffan, Henry Alexander Meffan, Norman Dunn Melchers, Carl Gerhard.. Mellis, George

Meunier, Paul.............

Meyer, Joseph George Middleton, Frederick Barnard

Tindal

Miles, William

Milden, Thomas

Millar, Gavin Hamilton Millard, Cyril Edwin.....

Miller, David Charleton Miller, Horace Morgan Miners, Charles R. Minu, Abdul Karim Mitchell, John.

Mitford, Eric

Mody, Felix Hurley

Mohammed, Abdul Gunni.. Mok Ching-um

Mok Kon-sang

Mok Robert

Mok Siu-sek.

Mok Tat-huen

Monaghan, Thomas

Christopher

Montalto de Jesus, Diniz

Alecto.... Montargis, Maurice Jean

Baptiste.....

Monteiro, Francisco Xavier Moore, Brinsley John de Heez. Moore, Edward

Moosa, Sheikh Mustapha Morhans, Johan Maarten

Mornhinweg, Alfred Morris, Joseph Wheeler Morris, Walter James

Morrison, Robert

Morse, Arthur...... Morton, Charles

Morton, Howard Peter Mose, Carlo........ Mow Fung, Edward

Mow Fung, Fred

Co., L.

Outfitter, Wm. Powell, Ld.

Assistant, Dairy Farm Ice & Cold

Storage Co., Ld..................

Engineer, Taikoo Sugar Refinery Foreman, Taikoo Dockyard. Partner, Melchers & Co.

Jeweller, Falconer & Co., Ld.

On premises.

Knutsford Hotel. Quarry Bay. Quarry Bay. On premises.

On premises.

1 Moreton Terrace.

Braemar, Pokfulam, On premises. Quarry Bay. 532 The Peak. On premises.

Asst. Manager, Charbonnages des Tonkin. Peninsula Hotel. Assistant, Mackintosh's, Ld.

Clerk, Far East Oxygen & Acetylene

Co., L

Butcher, Dairy Farm I. & C. Storage

Co., L.

Sub. Manager, H.K. & Shanghai Hotels,

Ld.

Assistant, Pentreath & Co.

Store-keeper, H.K. & Whampoa Dock

Co., Ltd.

Act. Agent, Canadian Pacific S.S. Co. Wharfinger, II.K. & K. W. & G. Co., Ld. Assistant, Inst. Engineer, Texas Oil Co.. Clerk, H.K. Electric Co., Ld.. Chief foreman, Taikoo Sugar Refinery Asst. Engineer, H.K. Tramways, Ld.

Exchange Broker ..

Clerk, H.K. Electric Co., Ld. Assistant Compradore, Holts Wharf Compradore, Butterfield & Swire Clerk, U. S. Trade Commissioner Assistant, Gay Kee

Manager, Chan Yue Teng

6 King's Park Building, Kowloon.

On premises.

228 Wanchai Road.

Hong Kong Hotel. Hong Kong Club.

On premises. Peninsula Hotel.

| On premises. On premises.

8 Lamont's Lane, 2nd floor. On premises.

11 Dragon Terrace, 2nd floor Cause-

way Bay.

Repulse Bay Hotel.

410 Hennessy Road, 2nd floor.

K. I. L. 2298 Sai Yeung Choi Street. 43 Robinson Road.

168 Hennessy Road, 1st fl., Wanchai. On premises.

3 Lee Yuen St. East, 1st & 2nd fls.

Catering Supt., Canadian Pacific S.S., Ld. 456 The Peak.

Clerk, Dollar S S. Line

Exchange Broker

Assistant, Botelho Bros.

Assistant, Asiatic Petroleum Co., Ld. Foreman, Taikoo Dockyard Assistant, J. E. Joseph Accountant, Nederlandsch Indische

Handelsbank

Engineer, Chien Hsin Engineering Co. Passenger Agent, Dollar S.S. Line...... Overseer, H.K. Land Investment &

Agency Co., Ld................... Boilermaker, H.K. & Whampoa Dock

Co., Ld.

H.K. & Shanghai Bank

Manager, Charles Morton & Co....... Asst., H.K. & Whampoa Dock Co., Ld... Assistant, Dodwell & Co., Ld...................... Managing Director, Der A. Wing & Co.,

Ld. Banker & Co.

1 The Albany.

7A Bowen Road.

10 Hart Avenue, Kowloon. On premises.

Quarry Bay.

91 Austin Road, Kowloon.

Sun Rise, Stubbs Road.

16 Chatham Road.

2 Lyeemun Buildings, Kowloon.

24 Conduit Road.

On premises.

257 Queen's Road, East. On premises.

229 Nathan Road, Kowloon,

Castle Peak.

Whiteaway Laidlaw Building.

259

NAME IN FULL.

OCCUPATION,

ADDRESS.

M-Continued.

Muir, David

Muir, Henry Menzies Muller, Hans Herbert Mundy, Hector Herbert... Munro, Donald

Munton, Douglas William.

Munze, Albert Murdoch, Arthur Murphy, Edward Owen.... Murray, Gilbert Ramsey

Murray, Ian Norman

Assistant, Fitting Dept., H.K. & China

Gas Co., Ld.

Assistant, Mackinnon, Mackenzie & Co., Clerk, Seimens China Co. Assistant, Dodwell & Co., Ld. Draughtsman, Taikoo Dockyard.... Executive Engineer, China Light &

Power Co., (1918), Ld.

Master Mariner, Anderson & Ashe.... Acct., Jardine, Matheson & Co., Id. Accountant, H.K. & Shanghai Hotels, Ld. Meter Supt., China Light & Power

Co. (1918), Lư.

Distribution Engineer, China Light &

Power Co. (1918), Ld.

Muskett, William Herbert Basil, Clerk, H.K. Electric & Co., Ld..

Architect, Little, Adams & Wood

On premises. On premises.

7 Duddell Street.

3 Zetland Street.

Quarry Bay.

24 Somerset Road, Kowloon Tong. 113 Caine Road.

192 The Peak. Empress Lodge.

C. L. P. Quarters, Kowloon Tong.

C. L. P. Quarters, Kowloon Tong. Homeville, Wanchai Road. 96 Nathan Road,

Mylo, Arthur

Naef, Walter

Naess, Birger

Nagai, Kanao......

Nagel Dr. Theodore,

Nazarin, Razee

Neale, Frederick Hardy.......... Neave, Cecil

Nelson, Charles Cowley Nemazee, Mohamed Neves, Florindo José... Neves, João Maria.... Ngan Shing-kwan Nicholson, Leslie Frere. Nijhoff, Bonno Harm......

Nisbet, George

Nish, Hugh....

Normington, Fred.

Noronha, Eduardo Antonio Noronha, Guilherme Antonio. Noronha, Jose Eduardo.............. Noronha, José Maria...

Norris, Edgar Charles

Nowers, William Arthur

Arnhold& Co., Ld.

Assistant., Karsten Larssen & Co.,

(H.K), Ld.

Clerk. Toyo Menka Kaisha, Ld......... Traveller, Deutsche Farben-Handels

Gesellschaft (Waibel & Co.)..... Accountant, Harry Wicking & Co.. Wireless Dept., Butterfield & Swire Assist., H.K. & Whampoa Dock Co., Ld. Engine Works Manager, Taikoo Dockyard. Merchant, H. M. H. Nemazee Clerk, Canadian Pacific Steamships, Ld... Clerk, Chartered Bank.....

Managing Partuer, China Motor Bus Co. Engineer, H.K. & China Gas Co., Ld. ... Assistant, Nederlandsche Handels-

Maatschappij

Storekeeper, Taikoo Dockyard Assistant Official Measurer

Engineer, H.K. Electric Co., Ld....... Clerk, Green Island Cement Co., Ld..... Clerk, China Light & Power Co., Ld. Assistant, H.K. Amusements, Ld....... Secretary, Crédit Foncier d'Extrême-

Orient

Electrical Engineer, General Electric

Co. of China, Ld...................... Assistant, Asiatic Petroleum Co., Ld.

17 Lyeemun Buildings, Kowloon,

9 Cameron Road.

36 Kennedy Road.

Mountview, Sassoon Road.

13 Matheson Street.

On premises. On premises. Quarry Bay.

On premises.

5 St. Joseph's Building. 319 Nathan Road. 64 Kennedy Road. On premises.

16 Conduit Road. Quarry Bay.

Kirkmaiden, Prince Edward Road,

Kowloon.

Canseway Hill Quarters, No. 7.

8 Gordon Terrace, Kowloon. 8 Gordon Terrace, Kowloon. 23 Ashley Road, Kowloon.

27 Ashley Road, Kowloon.

Claremont Hotel. On premises.

O'Brien, Michael Odell, Harry

Odland, Sverre

Oei Kang-tjivan.............

Oei Tjong-teong............

Offenberg, Cor

Ogley, Wilfred Clarence

Broker

Broker, Francisco Xavier Anacleto da

Silva

Assistant, Karsten Larssen & Co.

(H.K.), Ld......................

Manager Director, Kian Gwan Co.

India, Ld.............

Manager Director, Kian Gwan Co.

India, Ld....

St. Francis Hotel.

R.B.L., 218 Pokfulam.

10 Hart Avenue.

Sunrise, Stubbs Road.

31B Peking Building, 2nd floor,

Nathan Road.

Shipping Clerk, Java-China-Japan Lijn..... On premises. Assistant, Lane, Crawford, Ld.

15 Hankow Road,

260

NAME IN FULL.

OCCUPATION.

ADDRESS.

●-Continuedt.

O'Hoy, Suey Len Okamoto, Tatsuzo

Olaes, Alberto Ambrosio ... Olesen, Marcus Peter......

Oliveira, Oscar Mirandolino'

dos Santos

Oliver, George Kenneth ..... Omar, Ramsem Mohomed Omar, Usuff Mohomed O'Neill, William............ Orchard, William Edwin Ormiston, James Ortlepp, Friedrich Osborne, Alfred Richard Osborne, Patrick William

Osmund, Alberto José Osmund, Arthur Frederick Osmund, Cesar Henry Osmund, Ernest Edgar Ösmund, Luiz Augusto.......... Oswald, William Robert Overy, Hubert Owen, Edmund Owen, George Henry Ozorio, Eurico Maria. Ozorio, José de Graça "

Compradore, Dollar S.S. Line Partner, Chuwa Yoko

133 Hennessy Road.

1 Knutsford Terrace, Kowloon.

Assistant, Jardine, Matheson & Co., Ld. Granville Road, Kowloon. Accountant, Texas Oil Co.

Clerk, Green Island Cement Co., Ld.. Assistant, Butterfield & Swire Assistant, Ellis & Edgar ........... Clerk, H.K. & Shanghai Hotels, Ld.... Agent, Reuters, Ld..... Electrician, H.K. Electric Co., Ld. Engineer, Reiss, Massey & Co., Lal. Merchant, Bornemann & Co.. Timekeeper, Taikoo Dockyard Attendant, Central Showroom, H.K. &

China Gas Co., Ld.

Assistant, Standard Oil Co., Ld... Assistant, Jardine, Matheson & Co., Ld...' Clerk, Green Island Cement Co., Ld........... Assistant, Jardine, Matheson & Co, Ld... Asst., Union Ince, Socty, of Canton, Ld.....! Draughtsman, Taikoo Dockyard..... Manager, Wm. Powell, Ld.

.. Assistant, Lane, Crawford, Ld.

Office Assistant, Williamson & Co... Clerk, Chartered Bank...........

Banoo Building, 7 Hankow Road,

Kowloon.

14 Ashley Road, Kowloon, On premises.

447 Hennessy Road, Top floor. 3 Fin Lok Lane.

7 Duddell Street.

87 Waterloo Road, Kowloon. 15 Humphreys Building. 180 The Peak. Quarry Bay.

125 Pai Tai Street, 9 Hart Avenue.

| Liberty Avenue, Homuntin. 564 Nathan Road, Kowloon. 1 Liberty Avenue, Homuntin. Union Building. Quarry Bay.

21 Humphreys Buildings, Kowloon. 12 Braemar Terrace. Y.M.C.A., Kowloon. 7 Middle Road.

Asst., H.K. & Whampoa Dock Co., Ld... On premises.

Pak Min-zay

Palmer, Alfred James Palmer, George Thomas Palmer, Henry Thomas.. Panizzi, Joseph Vincent Pang Kok-sui Pang Kwok-fatt. Par Kin-wong.

Parker, Andrew Marshall

Parkinson, James Dawson

Parry, John Edward-

Llewellyn Parsons, Harry McCleery Parsons, Thomas Riddle":

Parton, Francis Leopold Pasco, Boris

Paterson, Thomas Garner Pau Lai-chee .... Pao Lin-li

Paul, Alfred Frank... Payne, George Richard. Payne, Oscar Birkett. Pearson, Alfred Edward..

Pearson, Harold Aubrey

Peers, William Edgar

Pendergast, William John......

Manager, Chinese Trading Co.

7 Stanley Street, 1st floor.

Asst., Union Insce. Socty, of Canton, Ld. On premises. Assistant, Bradley & Co., Ld.. Store-keeper, Taikoo Dock Yard

Asst., Whiteaway, Laidlaw & Co., Ld. ... Ship Broker, George Grimble & Co. Assistant, George Grimble & Co. ̄ ̄.... Assistant Compradore, American

Express Co.

General Agent, Passenger Department,

Canadian Pacific Steamship Co. Assistant Engineer, China Light &

Power Co., La.

Assistant, Asiatic Petroleum Co., L..... Assistant, Reiss Massey & Co., Ld................... Garage Manager, H.K. & Shanghai

Hotels, Ld.

Wharfinger, Taikoo Sugar Refinery Bookseller, Brewer & Co., Ld.........

Consulting Engineer, Anderson & Ashe... Clerk, H.K. Telephone Co, Ld... China Travel Service .... H.K. Electric Co., Ld.

Ticket Clerk, Canadian Pacific-8‚§. 1d. Designer, Arts & Crafts, Ld. Draughtsman, H.K. & Whampoa Dock

Co., Ld.

Manager, Swedish-Chinese Export &

Import Co., Ld..

Electrical Engineer, H.K. Electric.

Co., Ed......

Foreman, Taikoo Dockyard

67 Nathan Road. Quarry Bay.

On premises.

13 Man Chung Fong Terrace. 328 Hennessy Road, Wanchai.

23 Bonham Strand, West.

On premises.

'C.L,P. Staff Quarters, Tai Wan.

O premises.

35 Nathan Road, Kowloon,

Repulse Bay Hotel.

Quarry Bay. On premises. 14 Conduit Road.

On premises.

·5 Fung Wong Terrace.

82 Morrison Hill Road.

19-Fung Tai Terrace, "Happy Valley. On premises.

On premises.

2 Tregunter Mansions.

Derrington, 3 Bowen Road. Quarry Bay.

261

NAME IN FULL.

OCCUPATION.

ADDRESS.

P-Continue 1.

Pentreath, George Artis Peoples, David Percy, Vickers

Pereira, Carlos Eduardo Roza. Pereira, Charles Michael Emil. Pereira, Firmino Maria ................ Pereira, João Patricio Pereira, Thomas Maria Perrin, Norman James Perry, Arthur Henry Allan Perry, Silas Shalome.... Pestonji, Rustom

Peters, William Henry Petherick, Vivian

Pethick, Harry Hathaway.. Petrie, James

Peuster, Paul Oscar

Philip, Jean Pierre

Philippens, Adolphe Philips, Alexander Roy

Henderson

Philipson, Frederick

Pile, Arthur George

Pinguet, Paul Maurice

Pinna, Carlos Luis.................

Manager, Pentreath & Co. Foreman, Taikoo Dockyard Engineer, Reiss Massey & Co., Ld..... Clerk, National City Bank of New York. Book-keeper, David Sassoon & Co., Ld.... Assistant, Jardine, Matheson & Co., Ld... Asst., Shewan, Tomes & Co....................... Clerk, National City Bank of New York Manager, Thos. Cook & Son, Ld. Mechanic, H.K. & Shanghai Hotels, Ld.. Bill & Exchange Broker, S. S. Perry Share Broker, Benjamin & Potts Assistant, Canadian Pacific S.S., Ld................. Wharfinger, H.K. & Kowloon Wharf &

Godown Co., Ld.

Attorney, Standard Oil Co.............. Assistant, Davie Boag & Co., Ld. Assistant, John Manners & Co. ........ Assistant, Messageries Maritimes Cie Assistant, Orient Tobacco Manufactory...

Work Manager, Taikoo Sugar Refinery... Callender Cable Co.

Architect

Merchant

Clerk, Chartered Bank.....

Pinna, Germano Augusto de... Assistant, Nederlandsche Handel

Pinna, Jose Mathias Pinna, Luiz Gonzaga. Pinna, Mario Francisco... Pinna, Sebastião Francisco de Pintos, Cecilio Paulo.... Piovanelli Alfonso G. Pittendrigh, William McKenzie Plummer, George Arthur

Lawrence

Plummer, John Archibald

Hugh

Politi, Menache Elie

Polson, John Callander Pomeroy, Henry William Pomeroy, John Bernard Pooler, John

Poon Kam-kei..

Poon Ping-chung, Henry Popple, Alan

Price, Eliezer Richard Prince, Athole Vere Prophet, David L. Provan, James Doig Pryce, Charles

Pun In-tat

Maatschappij

Clerk, Chartered Bank...

Asst., Asiatic Petroleum Co., Ld. Clerk, Far East Aviation Co., Ld. Assistant, Harry Wicking & Co. Clerk, Holland-China Trading Co...... Manager, H.K. & Shanghai Hotels, Ld.... Merchant, Pittendrigh & Co.

Asst., Union Insurance Society of

Canton, Ld.......

Assistant, Bradley & Co., Ld. Broker, A. H. Potts & Co.

Foreman, Taikoo Dockyard....

Clerk, Perey Smith, Seth & Fleming

Assistant, Jardiue, Matheson & Co., Ld... Assistant, Mustard & Co., Ld. Shroff, Nestle & Anglo Swiss

Condensed Milk Co.

Assistant, H.K. Amusements, Ld. Book-seller, Kelly & Walsh, Ld............. Assistant Secretary, Chamber of Commerce Marine Engineer, Williamson & Co. Chartered Acct., Linstead & Davies Engineer, H.K. & Whampoa Dock Co., Ld. Accountant, Canadian Pacific S.S., Ld... Civil Engineer, Clark & In

Hong Kong Club. Quarry Bay.

30 Cumberland Road, Kowloon Tong. 2 Cambay Building, Kowloon. 5 Nanking Street, Kowloon. 2 Cameron Road, Kowloon. 1 Rednaxella Terrace, Ilong Kong. 5 Saifee Terrace, Top floor. Repulse Bay Hotel. Harbour View. On premises.

8 Humphreys Building, Kowloon. 28 Kai Tack Road, Kowloon.

246 Nathan Road. 18 Peak Road.

On premises. On premises.

5 Tak Shing Street, Kowloou. On premises.

On premises. On premises.

4 Ashley Road, Kowloon. Miramen, Deep Water Bay.

17 Jordan Road, Kowloon.

1 Kimberley Road, Kowloon. 25 Jordan Road. On premises.

21 Jordan Road, Kowloon.

Kimberley Road, Kowloon. 562 Nathan Road, Kowloon. Peninsula Hotel.

On premises.

Union Building.

575 The Peak.

18 Humphreys Building. Quarry Bay.

230 Wanchai Road. 302 Nathan Road.

11 Dragon Terrace, Causeway Bay.

346 Lockhart Road, Wanchai, 1st fl. 10 South View Building, Kowloon. Y.M.C.A., Kowloon,

No. 4 Luna Buildings. 13A Macdonnell Road. Sassoon Villas, Pokfulam. On premises.

2 Basilea, Lyttelton Road. 14 Chima Terrace.

Quan Shu John Quark, Francis William. Quie, Joseph Leslie

Quinlan, Edward

Chief Accountant, Bank of Canton, Ld. Assistant, Asiatic Petroleum Co., Ld...... Secretary, Humphreys Estate & Finance

Co., Ld.

Assistant, Lane, Crawford, Ld.

65 Caine Road, 2nd floor. On premises.

8 Shouson Hill, Deep Water Bay, 24 Fung Tai Terrace.

262

NAME IN FULL.

OCCUPATION,

ADDRESS.

Rahumed, Abdul Kadir Railton, Eric Wilfrid.... Railton, Manning Leonard Railton, Norman Leslie

Howard

Rakusen, Manassah Ralphs, Andrew John

Ramage, Leslie George Edgar. Ramsay, Allen Barrie Ramsay, Peter Walter

Robertson Ramsay, Robert Albert

Ramsay, Thomas

Randall, Benjamin Cutler Jr... Randall, Herbert Wells....... Rapley, Frederick Louis Rasmussen, Voln Agnes

Jens Jorgensen

Ratten, John Richard

Clerk, H.K. Electric Co., Ld. Assistant, Asiatic Petroleum Co., Ld...... Assistant, Jardine, Matheson & Co., Ld.

118 Hollywood Road, 1st floor. On premises. 304 The Peak.

Assistant, Jardine, Matheson & Co., Ld.. 304 The Peak. Sub. Manager, Sennet Freres

Owner British Bicycle Co.

7 Duddell Street.

32 & 34 Joluston Road.

Asst., Union Ince. Socty. of Canton, Ld... On premises. Foreman, Taikoo Dockyard........................

Foreman, Taikoo Dockyard....

Engineer, H.K. & Whampoa Dock Co.,

Ld.

Naval Architect, Williamson Co.... Accountant, Benjamin & Potts Assistant, Lane, Crawford, Ld.

Quarry Bay.

On premises.

Hong Kong Club.

7 Braemar Terrace, 1 Prospect Place.

Asst. Acet., H.K. & China Gas Co., Ld. On premises.

Assistant, Asiatic Petroleum Co., Ld...... On premises. Mercantile Assistant, Dairy Farm

I & C. Storage Co., Ld.

Raven, Arthur Robert Fenton. General Works Manager, H.K.

　　Raven, Oscar Boulthee Raworth, Arthur Basil

Raymond, Edward Maurice Reason, H.

Rees, Horace Peter

Reid, Alan

Reinecke, Albrecht

Reis, José Manuel...

Remedios, Alfredo Frederico

dos

Remedios, Carlos Augusto dos. Remedios, Edmundo Alberto

dos

Remedios, Fernando Eduardo

d'Almada

Remedios, Francisco Xavier

d'Almada...

Remedios, Hermillo

Hermegildo

Remedios, Jorge Maria

Ozorio dos

Remedios, José Julita dos Remedios, José Maria

　　　　Vandenberg.. Remedios, Luiz Eugenio Remedios, Luiz Gonzaga Remedios, Maximiano Antonio dos Revie, John .. Rew, Tommy James Ribeiro, Angelo Cecilio Vieira. Ribeiro, Antao Emmanuel...... Ribeiro, Carlos de Vieira Ribeiro, Fernando Alfredo

Vieira

Ribeiro, Francisco Raul.... Ribeiro, Francisco Xavier

Vieira Ribeiro, Frederico Francisco... Ribeiro, João Chrysostomo

Vieira

47 Granville Road.

Engineering & Construction Co., Ld. 2 North View Bungalow, Shankiwan

Architect, Raven & Basto

Electrical Engineer, General Electric.

Co. of China, Ld. Financier

Burner, Green Island Cement Works. Cutter, Wm. Powell, Ld.... Sub-Acct., Chartered Bank Bornemann & Co......... Clerk, H.K. & Shanghai Bank

Clerk, H.K. & Shanghai Bank Assistant, General Electric Co. of China.

Accountant, Kelly & Walsh, Ld.

Road.

37 Humphreys Buildings.

377 The Peak. Exchange Building. Claremont Hotel. 16 Fung Fai Terrace. 294 The Peak.

On premises.

2 Saifee Terrace.

On premises.

7 Nanking Street, Top fl., Kowloon.

1 The Albany, Hong Kong.

Assistant, Union Trading Co., Ld.......... 6 Peace Avenue, Homuntin.

Acct., General Electric Co. of China...... 11 Queen's Terrace, Top floor,

Homuntin.

Ruttonjee & Co.

On premises.

Chief Clerk, Mercantile Bank of India, Ld. 7 Middle Road, Kowloon. Clerk, H.K. & Shanghai Bank

On premises.

Asst., H.K. & Whampoa Dock Co., Ld... On premises. Clerk, Banque Franco-Chinoise Assistant, Standard Oil Co.

Assistant, D. Sassoon & Co., Ld

......

On premises.

7 Liberty Avenue,

4 Observatory Villas.

160 Johnstone Road.

14 Granville Road.

Asst., H.K. & Whampoa Dock Co., Ld... On premises. Clerk, Mercantile Bank of India Assistant, Texas Co. (China), Ld. Assistant, Standard Oil Co...... Assistant, Standard Oil Co....

20 Granville Road. 5 Carnarvon Villas.

Assistant, Jardine, Matheson & Co., Ld... 12 Salisbury Avenue, Kowloon. Cle k, American Express Co.

Dist. Accountant, Texas Co., Ld. Assistant, Dodwell & Co., Ld..........

Clerk, H.K. & Shanghai Bank

2 St. Joseph's Terrace.

2 Carnarvon Road, Kowloon. 6 Hanoi Road, Kowloon.

On premises.

263

NAME IN FULL.

OCCUPATION.

ADDRESS.

R-Continued.

Ribeiro, José Antonio da

　　Costa Vieira Ribeiro, João Francisco Vieira. Ribeiro, Jorge Alberto Vieira. Ribeiro, Julio Carmo Vieira ... Ribeiro, Luiz Antonio Vieira.

Ribeiro, Luiz Gonzaga Ribeiro, Oscar Francisco, Jr... Ribeiro, Vicente Rogerio Vieira Richmond, John Fletcher Riddell, Thomas William Rigg, William Hyslop Brown. Riggs, Charles Butler Ritchie, Archibald

Robb, David Scott.....

Roberts, Charles Collingwood. Roberts, Frank Durell Roberts, Roberto Maria

Robertson, Cameron de Saille.. Robertson, Leslie Gillett Robertson, John...

Robertson, William

Robertson, William Gordon Robinson, Jack Fraser Robinson, John Lancaster.. Robinson, Karl Henry Robinson, William George .... Rocha, Antonio Maria Barros

da......

Rocha, Claudio Lisola

Rocha, Epiphanio Maria da

Rocha, Ignacio Loyola

Rocha, José Estevão Rocha, Luiz Antonio da Rocha, Ruy Marcos da Rodger, George Sinclair

Rodger, John

Rodgers, Herbert Austin

Rodrigues, Alberto Antonio

Maria

Rodrigues, Antonio Joseph Rodrigues, Carlos Augusto

de Carvalho....

Rohner, George Wilhelm.

...

Assistant, Jebsen & Co. Assistant, Maxim & Co. Manager, Maxim & Co. Merchant, Maxim & Co. Accountant, Nestle & Anglo Swiss

Condensed Milk,

Assistant, G. U. da Roza Assistant, Lane, Crawford, Ld.

On premises.

5 Hart Avenue, Kowloon. 6 Minden Avenue, Kowloon,

1 Observatory Villas, Kowloon.

15 Wing Lok Bldg., 1st fl., K'loon. 7 Gordon Terrace, Kowloou. 6 Knutsford Terrace.

Peninsula Hotel.

On premises.

Asst., Union Ince. Socty. of Canton, Ld... Union Building. Assistant, Standard Oil Co........ H.K. & Shanghai Bank Banker, H.K. & Shanghai Bank. Wharf Manager, Holt's Wharf Chartered Accountant, Lowe, Bingham

& Matthews

Accountant, Lowe, Bingham &

Matthews

Assistant, Butterfield & Swire Assistant, Butterfield & Swire Asst., Jardine Engineering Corporation,

Ld.

Secretary, H.K. Breser & Distillers, Ld.. Banker, H.K. & Shanghai Bank... Assistant, Hong Kong & Kowloon

W. & G. Co., Ld

Accountant, American Express Co., Ld. .

•

On premises.

Highlands, Austin Avenue, K'loon.

On premises.

Un premises.

9 Nanking Street, 3rd floor.

On premises.

Kingsclere Hotel. Kingsclere, Kowloon.

Director, Pure Cane Molasses Co., Ld. 166 The Peak, Assistant, Butterfield & Swire

On premises.

Merchant, Alex. Ross & Co. (China), Ld.] 4 Tregunter Mansions. Manager, Texas Oil Co.

Assistant, Alex. Ross & Co., (China), Ld.

Clerk, Kai Tack Motor Bus. Co., Ld...... Assistant, Jardine, Matheson & Co., Ld... Assistant, China Provident Loan &

Mortgage Co., Ld.

Clerk, British American Tobacco Co.,

Ld.

Peninsula Hotel, 11 Carnarvon Road.

37 Jordan Road, Kowloon. 5в Chancery Lane.

222 Wanchai Road.

5 Gordon Terrace.

Clerk, British-American Tobacco Co., Ld. 2 Granville Road, Kowloon. Book-keeper, G. U. da Roza

Manager, J. M. da Rocha & Co. Workshop Superintendent, H.K.

Tramways, Ld.

Asst., Central Agency, Ld.

Accountant, H.K. Land Investment Co.,

Ld.

Asst., Union Ince. Socty, of Canton, Ld... Assistant, Asiatic Petroleum Co., Ld......

1 Robinson Road.

3 Robinson Road.

1 Russell Street.

49 Granville Road.

The Lookout, Taipo.

Union Building. On premises.

Accountant, Union Trading Co., Ld................. 8 Liberty Avenue, Homuntin.

Assistant, Nederlandsche Handel

Maatschappij

Manager, Banque Franco Chinoise. Engineer, H.K. Electric Co., Ld.

Rosa, Crispiniano Ignacio da. Clerk, Dodwell & Co., Ld.

Rollin, Adolthe

Rome, Louis de

Rosario, Luiz Gonsaga

Ross, Cecil Philip

Ross, Frederick White

Thomson

Ross, John Kennedy Ross, Leslie

Ross, Sydney Hampden....

Rosselet, Charles Simon.... Rouban, Michael John

Claims Clerk, Dollar S. S.

4 Humphreys Buildings.

On premises.

H.E.C. Quarters, IA Causeway Hill.

202 Jordan Road, Kowloon.

101 Austin Road, Kowloon..

Assistant, Mackinnon, Mackenzie & Co... On premises.

Jeweller, Falconer & Co., Ld. Merchant, Alex. Ross & Co. Architect, Little Adams & Wood Chartered Accountant, Perey Smith,

Seth & Fleming Secretary, H.K. Amusements, Ld Bookseller, Kelly & Walsh, Ld.

On premises.

4 Tregunter Mansions, May Road. On premises.

Morningside, Shek O. 4 Dragon Terrace. Y.M.C.A., Kowloon.

264

NAME IN FULL.

OCCUPATION.

ADDRESS.

R- Continued.

Rounds, Kenneth Karl

Roza, Alfred William da Roza, Carlito Vicente Roza, Edmundo Duarte da......

Roza, Gustavo Uriel da......... Roza, Julio Henrique da Rozario, Arthur Cornelius.. Rozario, Daniel Anthero

Sub-Accountant, National City Bank of

New York

Principal, Roza Bros. Clerk, Chartered Bank...... Incorporated Accountant, Lowe,

Bingham & Matthews

Principal

Clerk, Chartered Bank...

Clerk, National City Bank of New York.. Assistant, Botelho Bros.

Rozario, Eduardo Jose Maria do Assistant, Texas Co. (China), Ld.

Rozario, Luiz Alberto

Ruffin, Lewis Holt.....

　　Rull, Marcelino Joseph Rumjahn, Dawood Rumjahn, Sirdar Ahmet Russell, George Henderson. Russell, John Russell, Moses Ruttonjee, Jehangir Hormusjee Ryan, Lionel Ernest Norwood.

Saenger, Willy

Sahmet, Ernest Manuel.

Sakurai, Tetsujir)... Salter, Sidney Charles Sample, Edmund Frederick

Ronald....................

Samy, Arthur Poonoo

Samy, Abdul Rhaman

Mahomet

Samy, Arthur............. Sander, Roland

Sanderson, William

Sandstrom, Earl Russell

Sanger, Richard.... Sauerbeck, Helmut

Saunders, William

Sayce, Kelly Schmidt, Richard

Schrueder, William Adriaan... Schwob, Rudolf Hugo Scott, Harry Hodge. Scott, Leonard Gordon Searle, Edward Valeutine.....

Seath, William Petrie

Seidler, Herbert

Seitz, Clayton L.

　　Selk, Ernest Frederick Sequeira, Augusto Dario Sequeira, Carlos Maria Sequeira, Secundino dos

Santos

Seth, Harold Seu Kon-chi Sewell, George William.

Assistant, Gibb, Livingston & Co., Ld.... Sub-Accountant, National City Bank of

New York

Assistant, Asiatic Petroleum Co., Ld..... Book-keeper, Gande, Price & Co., Ld. ... Asst., Asiatic Petroleum Co., Ld. Tailor, Mackintosh & Co., Ld.... Foreman, Taikoo Dockyard..... Trader

Merchant, H. Ruttonjee & Son Agent, Canadian Pacific S.S., Ld.

Assistant, Keller, Kern & Co., Ld.......................... Clerk, H.K. Engineering & Construction

Co., Ld.

Managing Director, Cherry & Co

Derrington Hotel.

15 Antrim Villas, Chatham Road. 28 Robinson Road.

On premises.

2 Essex Crescent. 138 Caine Road. 29 Ashley Road.

St. Joseph's Building, Block C. 4 Carnarvon Road, Kowloon. 6 Morrison Gap Road.

18 Peak Road.

On premises.

2 Tin Lok Lane, 2nd floor. On premises. Y.M.C.A., Kowloon. Quarry Bay.

St. George's Hotel. 7 Duddell Street. On premises.

Kowloon Tong.

On premises.

6 Hau Fong Lane.

Mercantile Assistant, Dodwell & Co., Ld. 8 Felix Villas.

Architect, Denison Ram & Gibbs Architect

Meter Inspector, China Light & Power

Co., L

Assistant, Shewan, Tomes & Co. Book-keeper, Sander Wieler & Co. Superintendent Engineer, Jardine,

Matheson & Co., Ld....................... Accountant, National City Bank of N.Y. Attorney, Standard Oil Co........ Asst., Oriental Tobacco Manufactory Assistant, Asiatic Petroleum Co., Ld. Book-seller, Sayce & Kelly. Manager, Carlowitz & Co. Assistant, Java, China & Japan Line Branch Manager, Siemens China Co....... Engineer, H.K. Whampoa Dock Co., Ld. Superintendent, Peak Tramway Co., Ld. Electrical Engineer, Jardine Engineering

Corporation, Ld................... Foreman, Taikoo Sugar Refinery Merchant, Alex Ross & Co.

District Manager, American Asiatic

Underwriters

Secretary

Assistant, Standard Oil Co. Assistant, Standard Oil Co.

Assistant, Standard Oil Co..... Merchant, Himly, Ld.

Broker

On premises.

88 Bouham Road.

1 Warren Street.

88 Bonham Road, Hong Kong.

2 Hankow Road.

1 Carnarvon Buildings. 267 The Peak. 458 Peak.

On premises. On premises.

18 Ice House Street,

On premises. On premises. 4 Minden Avenue. On premises. Repulse Bay.

10A Carnarvon Road. On premises. Y.M.C.A., Kowloon,

On premises.

Y.M.C.A., Kowloon.

5 Rutland Quadrant.

1 Soares Avenue.

22 Wing Lok Building, Kowloon..

Ou premises.

10 Ice House Street.

Merchant, Robertson, Wilson & Co., Ld.. On premises.

NAME IN FULL.

265

OCCUPATION.

ADDRESS.

S-Continued.

Shamy, A. P..... Sharpe, Walter Benjamin Shaw, John Archibald Shaw, Joseph Hilton.. Shea, Edward Francis Shea, John Frederick

Sheepshanks, Richard David

William

Sheik, Abdool Hamid Sheridan, Harold Joseph Sherry, John Patrick Shervell, Frederick John Shewan, Ian Winchester Shi Kum-kwai

Shim, R.

Shing Fan-lam

Shum, S. F.

Silkstone, Albert Edmund...... Silva, Ambrosio Cesar da Silva, Antonio Francisco

Paula da

Silva, Armando Maria da Silva, Arnaldo Heitor Silva, Arthur Luis........... Silva, Francisco Britto

Peres da

Silva, Francisco Xavier

Anacleto da Silva, Francisco Xavier

Maria da...

Silva, Frederico Engenio Silva, George Honorio da Silva, John Maria

Silva, José Maria Machado

Nolasco

Silva, Marciano Antonio da... Silva, Pedro Nolasco da Silva, Reginaldo Maria

Gomes da

Silva, Ricardo Crescencio da... Simmonds, Ernest William

Simmons, Benjamin William... Simmons, John Henry

Simmons, William Frederick Simon, Carl

Simoes, Manuel Augusto Simpson, Andrew Macfarlane

Singer, Vinzenz

Skinner, Donald......

Skinner, Leslie Douglas Sleap, Sidney Alfred.... Sloan, James

Smith, Arthur William

Clerk, William Meyerink & Co. Tuner, Auderson Music Co...... Assistant, Standard Oil Co. Asst. China Light & Power Co., Ld. Stenographer, Canadian Pacific S.S., Co. Asst. Manager, Wallace Harper & Co.,

Ld.

Assistant, Gilman & Co. Clerk, Dollar S.S. Line. Assistant, Standard Oil Co. Manager, H.K. Telephone Co., Ld Shipyard Manager, Taikoo Dockyard Assistant, Shewan, Tomes & Co........ Chief Clerk, H.K. & China Gas Co., Ld. Agent, Life Insurance, Asia Insurance Co. Sub. Manager, Bank of China, Ld......... Manager Director, Canadian

Confectionery

Manager, Moutrie & Co., Ld.

550 Nathan Road. Y.M.C.A., Kowloon. 2 Branksome Towers. C.L.P. Staff Quarters, Tai Wan. 27 Kai Tack Road, Kowloon.

On premises.

Peninsula Hotel, Kowloon. 55 Lee Garden Street. Repulse Bay Hotel, On premises. Quarry Bay. Hong Kong Club.

| On premises. On premises.

53 Wong-nei-chong Road, Top floor.

40 Queen's Road Central. 270 Prince Edward Road.

Assistant, Jardine, Matheson & Co., Ld... 5 Nanking Street, Kowloon.

General Electric Co. of China, Ld

Assistant, Jardine, Mathesou & Co., Ld.. Assistant, Linstead & Davis Clerk, Chartered Bank....

Clerk, H.K. & Shanghai Bank

Broker

Assistant, Nederlandsche-Handel

Maatschappij

Clerk, Green Island Cement Co., Ld.. Engineer, Electric Co., Ld..... Clerk, Banque Franco-Chinoise

Broker

Clerk, Jardine, Matheson & Co., Ld.......... Broker

Asst., Jardine, Matheson & Co., Ld. Asst., Asiatic Petroleum Co., Ld. ............. Assistant, Fitting Supt., H.K. & China

Gas Co., Ld.

Engineer, H.K. Telephone Co., Ld......... Resident Supt., Kai Tack Motor Bus. Co.,

(1926) Ld.

Secretary, H.K. Tramways, Ld...... Travelling Salesman, Deutsche Farben

Handelsgesellschaft Waibel & Co. ... Assistant, Standard Oil Co.......................... Shipbuilder, H.K. & Whampoa Dock

Co., Ld.

Managing Engineer, Chien Hsin

Engineering Co., Ld.

Marine Supt., Jardine, Matheson & Co.

Ld.

Asst. Engineer, H.K. Telephone Co., Ld. Asst. Sec., H.K. Jockey Club

Sugar Boiler, Taikoo Sugar Refinery...... Purchasing Manager, H.K. & Shanghai

Hotels, Ld......

Smith, Albert James Victor... District Engineer, China Light & Power

Smith, Eric Grant .

Smith, Featonby Stafford....

Co. (1918), L

Assistant, Dodwell & Co., Ld...

9A Salisbury Avenue, Kowloon Tong. 23 Jordan Road, Kowloon.

3 Duddell Street, 1st floor.

13 Salisbury Avenue, Kowloon.

On premises.

Chung Tin Building.

27 Cameron Road, Kowloon.

3 King's Terrace, Kowloon.

5 Kimberley Road, 2nd floor. On premises.

Exchange Building.

5 Ashley Road, Kowloon. Exchange Building.

9 Liberty Avenue. On premises.

On premises. On premises.

10 Jordon Road, Gr, floor, Kowloon. 15 Peak Mansions.

9 Felix Villas.

4 Saifee Terrace, Kowloon.

On premises.

39 Humphreys Building.

On premises. On premises. 114 The Peak. On premises.

263 Kowloon Tong.

C. L. P. Staff Quarters, Tai Wan. Peninsula Hotel.

Manager, British-American Tobacco Co. 19 Peak Mansions.

266

AME IN FULL.

OCCUPATION.

ADDRESS.

S-Continued.

Smith, Frederick Stanley

Winfield

Smith, James Smith, Octavius Arthur Smith, Raymond Walter

Smith, William Forsythe

Soltan, Bernhard Soares, Charles Maria Soares, Francisco Xavier Soares, Joannes Alves de

Vasconcellos

Soares, Joaquim Rocque Sommerfelt, Allister Sorby, Vincent Dare

Sorrible, Paul Andrew Sousa, Duarte Eleuterio de Sousa, Eduardo Valerio Maria

Botelho de

Sousa, Eduardo Valerio Maria

Ricci de

Assistant, Dodwell & Co...... Shipping Clerk, Bank Line, Ld....... Manager, Whiteaway, Laidlaw & Co., Ld. Engineer, H.K. Electric Co., Ld.

Asst. Engineer, China Light & Power

Co. (1918), L. Assistant, Bodiker & Co..... Clerk, Percy Smith, Seth & Fleming.. Clerk, II.K. & Shanghai Bank

Assistant, C. A. da Roza..... Clerk, Dodwell & Co., Ld.

Chartered Accountant, Linstead & Davis. Electrical Engineer, H.K. Electric Co.,

Ld.

Assistant, W. R. Loxley & Co. Secretary, Union Waterboat Co., Ld.................

Assistant, China Auction Rooms......

Auctioneer, China Auction Rooms..

Sousae, Wilhelmino Iuno Jose. Clerk, H.K. Electric Co., Ld.

Soutar, Francis

Souza, Casimiro Marcelino Souza, Eduardo Paulo

Souza, José Francisco

Souza, Luiz Carlos de Rozario, Souza, Marcus Antonio Rozario

Speirs, Edwin John

Spradbery, Ernest Joseph

James

Stabb, Edgar William

Stabb, George Wilking.

Stalker, Archibald ............

Clerk, Taikoo Doekyard Clerk, Chartered Bank.. Clerk, Netherlandsch Indische

Handelsbank

Assistant, Shewan, Tomes & Co. Clerk, H K. & hanghai Bank Assistant, Union Insurance Society of

Canton, Ld.....

Asst. Acct., H.K. & Kowloon Wharf

& Godown Co., Ld.

Engineer, H.K. Rope Manufacturing

Co., Ld.

Banker, H.K. & Shanghai Bank H.K. & Shanghai Bank Clerk, Taikoo Dockyard

5 Luna Building.

6 Victory Avenue, Homuntin. On premises.

H.E.C. Quarters, No. 4 Causeway

Hill.

C. L. P. Staff Quarters, Tai Wan. On premises.

27 Jordan Road, Kowloon. Ou premises.

2 Liberty Avenue, Kowloon.

21 Ashley Road. 196 The Peak.

530 The Peak. Claremont Hotel.

23 Cumberland Road, Kowloon Tong.

39 Granville Road.

22 Johnston Road, Ground floor. Quarry Bay.

6 Ashley Road, Kowloon.

25 Jordan Road, 3rd floor, K'loon.

34 Ice House Street.

On premises.

Union Building.

Y.M.C.A., Kowloon.

23, Homuntin St., Kowloon. On premises.

On premises. Quarry Bay.

Stainton, Thomas Fletcher ... Foreman, Taikoo Sugar Refinery Co., Ld. | On premises.

Stanesby, Sydney John

Cleave

Stanley, Frank

Stanton, John Reginald Leslie Stark, Charles Crawford

Starling, Robert Archibald

Stehr, H........

Stephen, George..

Stevenson, Allan

Stewart, Allan Brown

Stewart, Ronald Lindsay Stewart, Charles Edward Stewart, Donald................ Stewart, Gilbert Hugh Stewart, William Alfred Stillard, Roger Stock, Robert. Stoker, William Stokkink, Albertinus..

Stone, Albert Edward Stone, Harold Edmund

Stoneham, Herbert Frederick.. Stonell, Harry Walter

Clerk, H.K. Electric Co., Ld................... Insurance Assistant, South British

Insurance Co.

Assistant, China Underwriters, Ld..... Local Manager, Vacuum Oil Co...

Peak Hotel.

9 Branksome Towers.

12 Tregunter Mansions, May Road. 274 The Peak.

109 The Peak.

41 Humphreys Building, Kowloon. Domum, Sassoon Road. 351 The Peak. On premises. Cosmopolitan Dock. 7 Pratt Buildings. Quarry Bay. Ou premises. On premises.

Elect. Engineer, H.K. Electric Co., Ld... 9 Braemar Terrace, Quarry Bay. Manager, Siemssen & Co...... Sub-Acet., P. & O. Bank, Ld... Manager, Dairy Farm, I. & C. S. Co., Ld. Merchant, Jardine, Matheson & Co., Ld... Asst., Union Ince. Society of Canton, Ld. Assistant, H.K. Whampoa Dock Co., La Assistant, Gilman & Co., Foreman, Taikoo Dockyard... Assistant, Davie, Boag & Co., Ld.... Banker, H.K. & Shanghai Bank Merchant, David Sassoon & Co., Lıl........ Assistant, HK. Electric Co., Ld. Acting Manager, Nederlandsche Handel-

Maatschappij

Assistant, Asiatic Petroleum Co., Ld. Engineer & Manager, H.K. & China

Gas Co., Ld.

Clerk, Holts Wharf..

Assistant, Dairy Farm Ice & Cold

Storage Co., L....

On premises.

European Y.M.C.A., Kowloon.

9 Magazine Gap Road.

On premises.

Y.M.C.A., Nathan Rd., Kowloon.

Y.M.C.A., Kowloon.

NAME IN FULL.

267

OCCUPATION.

ADDRESS.

S-Continued.

Strafford, Cecil Stuart, John

Sturgeon, James Bassindale...

Suckling, l'erey Herbert

Sue, Thomas

Manager, China Light & Power Co., Ld. Sub-Manager, Chartered Bank Draughtsman, H.K. & Whampoa Dock

Co., Ld..

General Manager, H.K. & Shanghai

Hotels, Ld.....

Acct., Andersen, Meyer & Co., Ld.

Sueur, Willem Hendrik le..... Cashier, Nederlandsche Handels

Suda, Hajime....

Suffiad, Abdul Gaffoor Sullivan, Arthur Leslie.. Sullivan, Charles Daniel

Des Vœux

Summers, Alexander William. Summers, Charles Heury Sun, George

Sun She-chuen

Sunley, John Maltby.. Sutcliffe, James Harvey Svendsen, Lorenz

Swales, John Russell..

Swan, Thomas Sweeney, James Napier

Sweet, Stephen Athol Szente, Laszlo

Tai Pak-choi

Tai Tung-pui... Tam Hung, Joseph

Tam Pak-shiu........ Tam Yung-ling Tang Chi-man Tang Eng-hooi

Taplin, Robert William. Tarrant, John Arthur Tate, George William

Tavares, Alberto Edu rdo...... Tavares, Alfredo Augusto

Tavares, Arthur Richard Tavares, Augusto Maria Tavares, Carlos Eugenio da

Silva

Tavares, Fernando Jose

Tavares, José Filipe Taylor, Archibald John....

Taylor, Robert

Teale, Henry

Tebbutt, Henry Jemson Terdre, Charles Bentley Tetzel, Charles

Thadain Gunomal Tikamdas... Tham Khai-hong Thomas, William Henry.....

Maatschappij

Manager, Fuji Paper Co., Ld...... Clerk, British-American Tobacco Co., Ld. Assistant, Gibb, Livingston & Co, Ld. ...|

Foreman, Taikoo Sugar Refinery Gale & Co.,

Clerk, Taikoo Dockyard

Secretary, China Entertainment & Land

Investments.

Assistant, Messrs. Sang Kee.

Cashier, Manufacturers' Life Insurance... Banker, H.K. & Shanghai Bank Manager, Deutsche Farben-Handelsge-

sellschaft Waibel & Co..................... Assistant Accountant, Mercantile Bank

of India

Foreman, Taikoo Dockyard... Shipbuilder, H.K. & Whampoa Dock

Co., L..

Ship-builder. W. S. Bailey & Co., Lal. Merchant, Komor & Co.

Clerk, Wm. Meyerink & Co. Architect

Assistant, China Provident Loan &

Mortgage

Compradore, American Express Co. Assistant, East Asiatic Trading Co. Manager, The Lewton Co. Manager, Ho Hong Bank H.K. & Shanghai Bank

Secretary, A. S. Watson & Co., Ld. Asst. Works Manager, Taikoo Sugar

Refinery Co., Ltd.

Clerk, Alex. Ross & Co. (China), Ld.............. Assistant, Nederlandsche Handels

Maatschappy

Clerk, Dodwell & Co., Ld.

Assistant, Bradley & Co., Ld...............

29 Kent Road, Kowloon Tong. Charterhouse, Peak Road.

On premises.

Peak Hotel.

11 Lyndhurst Terrace.

On premises.

Top floor, 1 King's Terrace, Kowloon. 4 Fly Dragon Terrace. 105 The Peak.

On premises. Ou premises. Quarry Bay.

On premises.

4A Des Voeux Road, Central. Empress Lodge. On premises.

16 Macdonnell Road.

Hong Kong Club. Quarry Bay.

On premises.

Y.M.C.A., Kowloon.

292 Prince Edward Road.

38 Lower Lascar Road.

58 Bonham Road.

407 Queen's Road West, Top floor. 22 Caine Road. On premises.

51 Wyndham Street, Ground Floor. 18 Devon Road, Kowloon Tong. On premises

On premises.

Woodside, Quarry Bay.

6 Caine Road.

556 Nathan Road.

3 Minden Avenue.

4 Caine Road.

Clerk, Holland China Trading Co....... 4 Caine Road.

Assistant, H.K. Rope Manufacturing Co.,

Ld.

Accountant, Reiss, Massey & Co. Assistant Engineer, Green Island

Cement Co., Ld......................

Acting Works Manager, Green Island

Cement Co., Ld........... Wharfinger, Holt's Wharf Architect, Palmer & Turner H.K. & Shanghai Bank

Clerk, National City Bank of New York. Manager, Chotirwall & Co........ Salesman, Kian Gwan Co, India, Ld............ Port Captain, Dollar S.S. Co.

12 Robinson Road.

4 Hart Avenue, Kowloon.

Cement Works, Kowloon.

Cement Works, Kowloon, On premises.

White Cottage, Taipo.

Ou premises.

7 Warren Street.

On premises.

15 Whitfield Road, 1st floor. 1 Kimberley Villas.

NAME IN FULL.

268

OCCUPATION,

ADDRESS.

T-Continued.

Thomerson, Godfrey Thompson, Edgar Thompson, George Edward

Foster

Thomson, George Bowman

　　　　Smith Thomson, Julius... Thomson, James Downie

Thwaites, Charles

Tillery, William Campbell Tinson, Arthur Cecil................................

To King-man

　Tobias, Lewis Albert... Toelke, Adolf... Tollan, Duncan

Tolmie, George William

Tong Cheung-ying Tong Shiu-lun

Toug Sok-pni

James

Toppin, J

Tracey, Fred Dillingham Travers, Gilbert.... Triggs, Clifton James Tsang Fook

Tsang Hsih-tsun

Tsui Shiu

Tsung Po-tong

Tsoi Wing-kai

Tully, John

Turner, Michael William Turner, William........

Tyrrell, Robert

Tyson, Frederick, Hunter..:

Assistant, Asiatic Petroleum Co., Ld.............. Elect. Engineer, H.K. Electric Co., Ld...

Acet., II.K. & China Gas Co., Ld.......

Acer., H.K. & Kowloon W. & G. Co. Accountant, Chase Bank Assistant Secretary, Dairy Farm I. & C.

Storage

0., Ld.

Oriental Auditor, Canadian Pacific

S.S. Ld.

Engineer, H.K. & Whampoa Dock Co., Ld. District Engineer, China Light & Power

Co., (1918), L.......

Assistant, Swedish Chinese Export &

Import Co.

Optician, N. Lazarus & Co..... Assistant, A. Gocke & Co. Engineer, H.K. Telephone Co., Ld. Sub. Accountant, Chartered Bank Clerk, Lane Crawford Ld.

. Manager, Wai Cheong Co.

Sales Manager, China Electric Co.. Asst, H.K. Rope Manufacturing Co., Ld. Attorney, Standard Oil Co....... Asst., H. K. & S'hai Bank, Engineer, Peninsula Hotel Principal, Tsang Fook Piano Co. Clerk, Siemens China Co. Clerk, W. K Jack & Co.

2nd Compradore, H.K. & Shanghai Bank. Clerk, Pentreath & Co.

Assistant, Asiatic Petroleum Co., Ld. H.K. & Shanghai Bank

Chief Civil Engineer, Green Island

Cement Co, Ld.....................

Clerk, American Express Co. Attorney, Standard Oil Co.....

On premises.

Causeway Hill Quarters, No. 5.

On premises.

Repulse Bay Hotel. Peninsula Hotel.

245 Prince Edward Road.

3 Thorpe Manor, May Road. On premises.

C. L. P. Staff Quarters, Tai Wan.

11 Fung Shan Terrace.

17 Felix Villas.

On premises.

13 Fifth Street, Sai Wan Ho. 554 Nathan Road, Kowloon.

On premises.

7 Peace Avenue, Homuntin. 300 The Peak.

Peninsula Hotel.

On premises.

3 Lock Road, Kowloon.

On premises. On premises.

51 Queen's Road East, 1st floor. On premises.

On premises.

108 Carnarvon Road, Kowloon. Peninsula Hotel.

18 Peak Road.

U Sze-wing Ulderup, John.... Un Hew-fan

Compradore, Dolwell & Co., Ltd. Per pro, Jebsen & Co........ Secretary, Bank of Canton, Ld.

53 Wongneichong Road, Peninsula Hotel.

20 Somerset Road, Kowloon Tong.

Van Wylick, Gabriel.............

Vas, George Augusto

Veit, W.

Veliki, Basil Sergievitch

Moyseenks

Victor, Joao Thome Videro, Jean

Vieira, Bernardino Senna Voigt, Bruno Heinz

Volkoff, Medas

Architect, Credit Foncier d'Extreme

Orient

9 Peak Mansions.

Assistant, Yokohama Specie Bank, Ld.... 313 Nathan Road, Kowloon, Top

Assistant, F. Feld & Co., Ld.

Struc. Engineer, Leigh & Orange Clerk, H.K. & Shanghai Bank Proprietor, Cafe Pavilion Assistant, Dodwell & Co., Ltd.

Salesman, China Export-Import & Bank

Co., Ld....

Assistant, Standard Oil Co.....

floor.

4 Shouson Hill.

On premises.

96 Nathan Road.

21 Stafford Road, Kowloon Tong.

305 Prince Edward Road.

2 Ashley Road.

導

269

NAME IN FULL.

OCCUPATION.

ADDRESS.

•

Wade, Rowland Henry Dennis. Assistant, Hong Kong & Shanghai Bank,

Wahab, Abdul Majid..

Wai Chi-man

Waid, John....

Wai Man-wei

Walch, Leon David Walker, John Walker, Vernon

Wallace, Robert Cooper...... Waller, Prosper Alexander Waller, Stephen Richard Walsh, Maurice St. John

Warnock, William Oliver Warren, Delbert Fred Warren, Leslie Beal

Waser, Heury-Oṭto

Watson, Hugh Cameron

Watson, James Alexander Watts, John

Way, Harry

....

Kowloon Branch

Clerk, Dollar S.S. Line Clerk, Thomson & Co...... Foreman, Taikoo Sugar Refinery Cashier, H.K. Telephone Co., Ld. Manager, J. Ullmann & Co...... Assistant, Jockey Club Stables Chief Asst. Engineer, H.K. Tramways

Co., Ltd.

Foreman, Taikoo Dockyard............ Clerk, Benjamin & Potts... Assistant, Asiatic Petroleum Co., Ld..............] Merchant, British American Tobacco

Co., Ltd.

Foreman, Taikoo Dockyard...

Commissioner Immigration for Canada

Merchant, Warren & Co., Ll...............

On premises. 304 Praya East. On premises. On premises.

On premises.

4 Broadwood Road.

Quarry Bay.

Diocesan Boys School. On premises.

250 The Peak.

Quarry Bay.

Peninsula Hotel Room 516.

19 Broadwood Road.

Manager, H.K. & Shanghai Hotels, L... Hong Kong Hotel.

Veterinary Surgeon, Dairy Farm

I. & C. Storage Co., Ld. . ...

Clerk, Taikoo Dockyard

Assistant Manager, American Express

Co.

Architect, Hall & Hall...

Way, Herbert Castle Barton..... Assistant, Union Insurance Society of

Way, John Roy

Way, Joseph Pang

Way, William Kenneth..

Webb, Reginald Charles Webster, Arthur.

Wei Wing-chak Weight, William Alfred Weill, Maurice Weir, Walter

Wei Tat

West, Sydney Wheeler, Allan Whipps, Laurence Alfred White, Alexander Robert

James

White, Claude Elesworth

White, Edmund Herbert

Patrick,

White, Ernest Percival

White, George Henry

White, Harold Frank............... White, H. D. White, John Paul

Whiteley, William Henry White, R. J.

Whitham, James Percival. Whitta, Frederic Vivian Whyte, James Jardine Wilkie, Lum

Wilkinson, Arthur Charles Wilkinson, Frederick James

Wilkinson, William Robert Willemse, Josephus Marimus

Petrus

Canton, Ld.

Clerk, H.K. Electric Co., Ld.

Salesman, Manufacturers' Life Ince. Co... Assistant Passenger Agent, Dollar

S.S. Line

Manager, Dunlop Rubber Co..............

Electrical Engineer, H.K. Electric Co.,

Ld.

Mercantile Asst., Shewan Tomes & Co.... Assistant, Thos. Cook & Son, Ld. Share-broker, L. Weill & Co. Clerk, Taikoo Dockyard Assistant, Messrs. Sang Kee Assistant, Harry Wicking & Co. Assistant, Thos. Cook & Sou Assistant, Butterfield & Swire

Assistant, Jardine Matheson & Co., Ld... Sales Manager, H.K. & S'hai Hotels, Ld.

Assistant Accountant, H.K. & Shanghai

Hotels, Ld.

Engineer, Hong Kong & Shanghai

Hotels, Ld.

Draughtsman, H.K. & Whampoa

Dock Co., Ld...

Salesman, Arts & Crafts, Ld. Electrical, Branch, Naval Yard Time Keeper, Hong Kong & Whampoa

Dock Co., Ld.

Assistant, Asiatic Petroleum Co., Ld.. Merchant, S. Howard

Stock-broker, Wright & Co. Director, H. K. Used Cars, Ld. Timekeeper, Taikoo Dockyard

Merchant, Wing On, Ld.

Assistant, Lane, Crawford & Co., Ld.... Assistant, Dairy Farm, Ice & Cold

Storage Co., Ld......

Sassoon Villa, Pokfulam. Quarry Bay.

Peninsula Hotel.

37 Bonham Road,

On premises.

Kingsclere Hotel, Kowloon.

8 Yue Kwong Terrace, 2nd fl., H.K.

35 Bonham Road.

Claremont Hotel.

Causeway Hill Quarters, No. 1.

5 Shelley Street, 2nd floor. Peak Hotel.

R.B.L. 218 Pokfulam.

Quarry Bay.

4A Des Voeux Road, Central. Repulse Bay Hotel.

7 Dunbar Villas, Kowloon. On premises.

Y.M.C.A.,

Kowloon.

3 Prat Building, 2nd floor, Kowloon.

315 Nathan Road.

13 Braemar Terrace, Quarry Bay.

On premises.

St. George's Hotel.

On premises.

St. George's Hotel.

72B Nathan Road.

Philip House, Mody Road, Kowloon. Quarry Bay.

O'Brien Road, Wanchai Section A.,

Inland Lot No. 2781.

1 Robinson Road

1 King's Terrace, Gr. fl., K'loon.

Clerk, H.K Land Investment Co., Ld.... 9 Yu Kwong Terrace.

Assistant, Asiatic Petroleum Co.

On premises.

NAME IN FULL.

270

OCCUPATION.

ADDRESS.

W-Continued.

　　William, Sansby... Williams, Tiffany Bernard Williams, William George

Williamson, Stuart Taylor Wilson, Charles Robert... Wilson, Ernest

Wilson, Gordon Harold. Wilson, Herbert

　　Wilson, Thomas Burlington Winterfeld, Curt von.... Wipperman, Heinz Edward ...

Witchell, George Bernard.... Witkamp, Adrianus Wolf, Ernest

Wolf, George Morton Dudley

David

Wong,

Charles

Wong Chor-leung

Wong, Fred Victor Wong Fuk-shan.............

Wong, Herbert Charles Percy

Wong Hok-yan

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

Wong, James Chang Ling

Wong, James Ning

Wong Kai-cho

Wong Katt-chiu..

Wong King-ko

Wong Kwok-king Wong Lan-wai Wong Oi-kut

Wong,

　　　　　　　Peter Wong, Peter S. Wong Ping-kwan Wong Sik-chung

Wong Tak Kwong..

Wong Tat

　Wong, Thomas Wong Tik-wan Wong, William Wong Woon-pin Wong Yew-mun. Woo Lai-tin

Woo Tack-shiu

Woo Ting-chang Wood, Cyril Frederick

Woodhouse, Cyril John...... Woolley, William John... Worrall, Godfrey Clare Wotherspoon, William Woudenberg, Gerardus Wright, Charles Audie

Wright, Robert Wright, William.. Wuest, Alois

Wuthrich, F. F.

Fitter, Reiss Massey & Co., Ld. Assistant, Standard Oil Co. Travel Representative, American

Express Co.

Principal, Williamson & Co. Engineer, H.K. Electric Co., Ld. Clerk, Taikoo Dockyard Merchant, Robertson Wilson & Co Timekeeper, Taikoo Sugar Refinery General Agent, Dollar S.S. Co. Assistant, Jebsen & Co. Assistant, Carlowitz Co.

Engineer, W. S. Bailey & Co., Ld Accountant, Java-China-Japan Lijn Asst., Keller, Kern & Co., Ld.

Assistant, Asiatic Petroleum Co. Clerk, National City Bank of New York. Clerk, Nationality Bank of New York. Clerk, Thomson & Co...... Printer. A Ying & Co...... Electrician, China Light & Power Co.

(1918), Ld..... Compradore, Loxley & Co. Asst. Engineer, Holts Wharf

Assistant Cashier, Bank of East Asia Compradore, Holland China Trading Co. Manager, Wing On Life Assurance Co.,

Ld.

Broker, Nestle & Anglo-Swiss

Condensed Milk Co.

Clerk, H.K. Land Investment Co. Accountant, Fook Tei Co. Managing Director, A. B. Moulder

& Co., Lư.

Assistant, A. S. Watson & Co., Ld............... Mustard & Co., Ld.

Engineer, Dodwell & Co., Ld........

| Compradore, H.K. & Kowloon Wharf &

Godown Co., Ld.

Manager, Fung Tang Kee

Compradore, Swedish-Chinese Export &

Import Co.

Assistant, W. R. Loxley & Co.

Clerk, H.K. Jack & Co.

Assistant, A. S. Watson & Co., Ld.

Merchant, Great Eastern Hotel

6 Mosque Street. 458 Peak Road.

6 Lincoln Road, Kowloon Tong. 53 The Peak.

H.E.C. Quarters, 11 Causeway Hill. Quarry Bay.

67-69 Des Voeux Road, Central. On premises.

6 Luna Building, Kowloon.

On premises.

2 Longsight Villas, Victoria Road,

Pokfulam.

2 Kent Road, Kowloon Tong, 17 Cameron Road.

2 Hankow Road, Kowloon.

On premises.

13 Fung Wong Terrace. 61 High Street.

29 Ashley Road.

60 Wai Ching Street, Top floor.

514 Nathan Road, 1st floor. 34 Village Road, Happy Valley. 7 Kent Road, Kowloon Tong. On premises.

355 Nathan Road.

K.I.L. 2203 Duke St., K'loon Tong.

28 Davis Street.

382 Hennessy Road, 1st floor. 80 Caine Road.

27 Seymour Road,

38A Bonham Road.

1 Stafford Road, Kowloon.

27 Bonham Road.

31 Granville Road.

Pedder Building.

97 High Street.

39 Kai Yau Road, Kowloon City. On premises.

50 Whitfield, North Point.

361 Des Voeux Road West, 2nd fr.

Clerk, Mackinnon, Mackenzie & Co., Ld. On premises. Manager, Woo Bros.

Assistant Manager, Woo Bros.

Representative, Huntley & Palmer, Ld.......... Electrical Engineer, China Light &

Power Co., Ld.

Assistant, Dodwell & Co., Ld. Clerk, Lowe Bingham & Matthews Assistant, Asiatic Petroleum Co., Ld.. Clerk, Taikoo Dockyard

Assistaut, Holland China Trading Co. Assistant, Imperial Chemical Industries

(China), Ld............. Clerk, Taikoo Dockyard

Shipping Manager, Dodwell & Co., Ld... Salesman, Deutsche Farben-Handels- gesellschaft Waibel & Co. .... Accountant, Nederlandsche Indische

Handelsbauk

90 Kennedy Road.

D‹ dwell & Co., Ld.

C.L.P. Staff Headquarters, Taiwan.

97 Waterloo Road.

On premises.

On premises. Quarry Bay.

Kowloon Hotel, Nathan Road.

12 Braemar Terrace, Quarry Bay. Quarry Bay.

9 Tregunter Mansions.

I Longsight Villa.

Marble Hall.

271

NAME IN FULL.

OCCUPATION.

ADDRESS.

Xavier, Antonio Maria Xavier, Carlos Eugenio

Xavier, Domingos

Xavier, Faustino Antonio..... Xavier, Frederico Antonio Xavier, Hermenegildo Maria. Xavier, Hymocrates Hermypo Xavier, Hypolito Maria.

Favacho

Xavier, Jose

Xavier, José Paulino .......... Xavier, Michael Anthony Xavier, Paulo Maria Xavier, Pedro Nolasco

Xavier, Pedro d'Alcantara

Clerk, P. & O. Banking Corporation Clerk, II.K. & Shanghai Bank, Kowloon

Branch

No. 1 Checker, Dollar S.S. Line. Merchant, Xavier Bros., Ld. Merchant, Xavier Bros., Ld. Clerk, H.K. Tramway Co.. Ld. Assistant, Reiss, Massey & Co.

Clerk, Chartered Bank Merchant, Xavier Bros., Ld. Clerk, Chartered Bank Architect

Clerk, C. E. Warren & Co., Ld.

2 Saifee Terrace, Top floor.

21 Jordan Road, Kowloon, 1st floor.

35 Mosque Junction.

16 Macdonnell Road.

20 Johnston Road, Wanchai. 14 Granville Road.

22 Jordan Road, Kowloon. 16 Macdonnell Road,

6 Cameron Road, Kowloon. 16 Macdonnell Road. 41 Ashley Road.

Asst., H.K. Rope Manufacturing Co., Ld. 1 St. Joseph's Building,

Managing Director, H. K. Printing

Press, Ld.....

Xavier, Reinaldo G. Xavier ... Supt. of Workshop

Robinson Road.

12 Humphreys Avenue, Kowloon. 4 Hanoi Road, Kowloon.

Yamauchi Shigeyoshi Yau Leung

Yau Kam-fe

Yeung Kwong-chui

Yip Kin-son

Yiuchi Kudoh..

Yong James

Young, Allan Cameron

Young, Benjamin Alfred Young, C. P.

Young, David

Young Fuk-lam

Young, Kenneth Philip Young, Robert

Young, Thomas

Yu Chik-yin

Yu Kan-hing

Yung, Morrison Brown...

Yvanovich, Philipe Antonio...

Partner, Chiwa Yoko

Clerk, Banque de Franco Chinoise..... Merchant, James Yau & Co.

Assistant, Swedish Chinese Export &

Import Co.

Manager, Whampoa Sam & Co. Clerk, Ito & Co.

Engineer, China Light & Power Co., Ld. Assistant, Asiatic Petroleum Co., Ld................ Assistant, J. M. Alves & Co., Ld. Chief Manager, C. P. Young & Co. Storekeeper, Taikoo Dockyard Clerk, Java-China-Japan Liju Assistant, J. M. Alves & Co., Ld. Assistant, Asiatic Petroleum Co., Ld. Foreman, Taikoo Dockyard.......

Engineer, China Light & Power Co., Ltd. Secretary, Lepack & Co., Ld. Manager, Lepack & Co., Ld. General Manager, Asia Coal &

Briquetting Co., Ld.

Assistant, J. D. Hutchison & Co.

1! Austin Avenue.

On premises.

2 Lock Road, Kowloon.

3 Kin Sau Lane, 1st floor. On premises.

138 Kennedy Road.

6 Lock Road, 2nd floor, Kowloon. North Point.

30-32 Mongkok Rd. Kowloon, Top fl. 3 Lyndhurst Terrace. Quarry Bay.

On premises

7 Po Hing Fong, Top floor. On premises. Quarry Bay.

C. L. P Staff Quarters, Tai Wan.

On premises.

3A Boshan Road.

Soares Avenue, Kowloon.

Zimmern, Andrew

Zimmern, William Alfred

Assistant, Benjamin & Potts Broker, F. Kew & Co.........

5 Seymour Terrace. 14 Arbuthnot Road.

COUNCIL CHAMBER,

Hong Kong, 2nd March, 1932.

D. W. TRATMAN,

Clerk of Councils.

272

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 89.-It is hereby notified that information has been received from His Brittanic Majesty's Consul-General at Manila, to the effect that from the 2nd March, 1932, inclusive, all passengers and members of crews of vessels entering Philippine ports on vessels from Hong Kong will be required to be vaccinated against small-pox before arrival in the Philippines or to present to the quarantine authorities at the port of entry satisfactory evidence of vaccination within one year.

11th March, 1932.

W. T. SOUTHorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 90.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

All passengers and members of crews of vessels entering Philippine ports on vessels from Hong Kong will be required to be vaccinated against small-pox before arrival in the Philippines or to present to the quarantine authorities at the port of entry satisfactory evidence of vaccination within one year.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

W. T. SOUTHORN,

Colonial Secretary.

11th March, 1932.

COLONIAL SECRETARY'S Department.

No. S. 91.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Small-pox.

Port or Place.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

11th March, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification

No. 73 of 2nd February,

1932.

W. T. SOUTHORN,

Colonial Secretary.

273

DISTRICT OFFICE, South.

　　No. S. 92. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 1st day of April, 1932.

　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot (lime kiln), subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931 and to the special conditions hereunder specified.

　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,000.

PARTICULARS OF THE LOT.

Boundary Measurements

Registry No.

Locality.

Tsing I

Demarcation District No. 441

Lot No. 99.

Tsing I.

Contents in Square feet.

Price.

Upset Crown

Annual

Rent.

11,000

Subject to readjustment as

provided by the

Conditions of

Sale.

110

SPECIAL CONDITIONS.

　　1. The purchaser, his executors, administrators and permitted assigns shall not except by way of mortgage, assign or underlet or part with the possession or otherwise dispose of the lot in question or any part thereof or of his interest therein without the consent of the Governor unless and until he has expended upon the erection of buildings. on the lot the sum required in conditions of sale.

　　2. The whole of the areas coloured red and green on sale plan shall be formed by the purchaser at his own expense to such levels as the Director of Public Works may approve within 12 months from the day of sale, the whole of filling shall be protected by such material as may be required by District Officer, South, and to his satisfaction. The area coloured green shall be handed over to Government free of cost on completion.

3. The purchaser of the lot will not be allowed to utilize the area coloured green for the purpose of storage or for the erection of any temporary buildings without the consent of the District Officer, South, first having been obtained.

11th March 1932.

J. S. MACLAREN, District Officer, Southern District.

274

DISTRICT OFFICE, NORTH.

No. S. 93.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for permission to obtain clay from a parcel of Crown Land near Nam Hang, Taipo", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 29th March, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1935, of the piece or parcel of ground, containing about 3.67 acres shown edged red on plan signed by the District Officer, North, and dated 9th March, 1932, but subject to certain conditions which can be ascertained at the office of the District Officer, North, or the Director of Public Works.

Upset annual fee $250.

Form of tender and further particulars can be obtained from the office of the District Officer, North.

The Government does not bind itself to accept the highest or any tender.

T. MEGARRY,

District Officer, North.

10th March, 1932.

布

s憲示第九十三號

大埔理民府微

三月式可來本署詢取所投之票價格低昂任由政府棄取或總棄不取此佈投得不要或不遵章辦理則將保証金充公如欲知詳細章程及投票格銀二百圓取回收條卽將收條與所投之票同寄布政司以爲保証金如程司署詢取每年底價二百五十圓又凡欲投票者須先往庫務司署繳内塡紅色者指明之投得之人須遵照章程辦理該章程可來本署或工零壹英畝百份之六十七經於本年三月九號由本司署名所繪之圖則通告投票允准之日起至一九卅五年十二月卅一日止該地約三英畝缸瓦坭字樣於本年三月廿九日星期二日正午以前寄至布政司署由投票者須繕票三張其封面須標明係投近大埔南坑之政府公地採取告事照得現招人投票採取近大埔南坑之政府公地之缸瓦坭如欲

一千九百卅二年

日

篇

275

PUBLIC WORKS DEPARTMENT.

No. S. 94.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for Public Bathing Sheds on Crown Land at (A) Kennedy Town and (B) Repulse Bay ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 22nd March, 1932. The tender is to contain the offers for (A) and (B) which the applicant is prepared to make for permission to erect public bathing sheds at either or both of the aforementioned beaches in accordance with the conditions to be seen at the Office of the Public Works Department.

Forms of tender can be obtained upon application to the Public Works Department.

　The Government does not bind itself to accept any tender and reserves the right to accept tenders from different tenderers for either beach.

9th March, 1932.

HAROLD T. CREASY,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

　No. S. 95.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 29th day of March, 1932, at 3 p.m. ̧

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Contents in

Sale.

| Sq. feet.

Annual Rent.

Upset

Price.

feet. feet. feet.

feet.

About

1 Rural Building

Lot No. 336.

Mount Cameron.

As per sale plan.

18,500

212

2,720

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

11th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

278

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 23 of 1928.

Notice of Dividend Declared.

Re Hau Pak Yan alias Ah Hau of the Dragon Motor Car Company, Limit- ed, Happy Valley, in the Colony of Hong Kong Fitter.

Fourth and final dividend of $10.00 per

A cent has been declared in the above-

matter.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of George Washington Sellars late of 105 The Peak in the Colony of Ilong Kong, Accountant, deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 2nd day of April, 1932.

Creditors and others are accordingly hereby required to send their claims to the under-

NOTICE is hereby given that the above signed on or before that date.

mentioned dividend may be received

at the Official Receiver's Office, Victoria, aforesaid on the 14th day of March, 1932, be- tween the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 16 of 1931.

Re The Lee Sai Navigation Co. of No. 284, Des Voeux Road Central, (3rd floor), Victoria, in the Colony of Hong Kong and Leung Hon Lai the Managing partner thereof.

First and final dividend of $10.00 per

A cent has been declared in the above-

matter.

NOT

OTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 14th day of March, 1932, between the hours of 10 a.m. and 4 p m. and on any subsequent day during office hours.

　　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 11th day of March, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In The Goods of Jemima Elizabeth Wootton, late of 59, Wickham Road, Brockley in the County of Kent in the United Kingdom Widow, de- ceased.

NOTICE is hereby given that the Court has

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to 3rd of April, 1932.

　　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 5th day of March, 1932.

DEACONS,

Solicitors for the Executrix, 1, Des Voeux Road Central, Hong Kong.

HONG KONG CLUB.

NOTICE.

THE FO1928 issue -$500. each) of the Hong Kong Club, Payable on Friday the 30th September, 1932, will be held in the Club House, at 11 o'clock, a.m., on Thursday, the 17th March, 1932.

HE Fourth Yearly Drawing of 20 Deben-

Bearers of Debentures are invited to attend the Drawing.

By order,

T. A. ROBERTSON, LIEUT.-COL., Secretary.

Hong Kong, 8th March, 1932.

Dated the 4th day of March, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executrix,

Prince's Building, Ice House Street, Hong Kong.

GEORGE FRASER SON & COMPANY, Limited, (in Voluntary Liquidation), 101, Portland Street, Manchester.

The Companies Act, 1929.

THE above nimes, Coodwill, stock and Trade THE above-named Company, having disposed

Marks to a newly-formed Company, created for the purpose of continuing the business, and called George Fraser Son & Company, Limited, of 121, Princess Street, in the city of Man- chester, is being voluntarily wound-up; the Resolution for winding-up having been passed on the 8th August, 1930. Notice is hereby given that the creditors of the said liquidating Company are required, on or before the 31st day of March, 1932, to send in their names and addresses, with particulars of their debts or claims, and the names and addresses of their Solicitors (if any). to the undersigned, Frank Brown Jackson, of 13, Kensington Gardens, Hale, Cheshire, the Liquidator of the said Company; and, if so required by notice in writing by the said Liquidator, are, by their Solicitors or personally, to come in and prove their said debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 18th day of January, 1932.

FRANK B. JACKSON, Liquidator.

(FILE No. 254 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade-Mark.

NOTICE is hereby given that Godecke &

Co., Chem. Fabrik A.G., of 83 Kaiserin Augusta-Allee, Berlin, Germany, a corporation organized under German law, have, on the 14th day of March, 1931, applied for the Registration in Hong Kong, in the Register of Trade-Marks, of the following Trade-Mark :-

Veganin

Remedies for man, Class 3.

Dated the 12th day of February, 1932.

REMFRY & SON, PATENT AND TRADE-MARK ATTORNEYS, 21, Old Court House Street,

Calcutta.

In the Matter of The Companies Ordin-

ance, 1911,

and

In the Matter of the Kwong Hip Lung

Company, Limited.

(IN VOLUNTARY LIQUIDATION)..

PURSUANT to Section 181 of the Companies SIL, Notice is hereby given

that a Meeting of the Creditors of the above- named Company will be held at No. 41, Con- naught Road Central (1st. floor), Victoria, Hong Kong, at 3 o'clock p.m., on Tuesday, the 29th day of March, 1932.

Notice is also hereby given that the Creditors of the above-named Company are required on or before the 29th day of March, 1932, to send their names and addresses and particulars of their debts or claims and the names and addresses of their Solicitors (if any) to the under- signed Wong Yiu lung and Wong Cheuk Hing at No. 41, Connaught Road Central, (1st. floor), Victoria aforesaid, the Liquidators of the said Company, and, if so required by a Notice in writing from the said Liquidators, are by their Solicitors or personally to come in and prove their said debts and claims at such time and

place as shall be specified in such Notice, or in default thereof they will be excluded from any distribution which may be made before such debts are proved.

Dated the 7th day of March, 1932.

WOO YIU TUNG, WONG CHEUK HING, Liquidators.

(FILE No. 29 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Mark.

OTICE is hereby given that Yu Lan Hing Firm of No. 4, Ko Shing Street, Hong Kong, have, on the 1st day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

餐吉天

門票

記港喜雙

謹

HHF

陛港在行街將澳新

in the name of Yu Lan Hing Firm, who claim to be the proprietors thereof.

Such Trade Mark has been used by Yu Lan Hing Firm in respect of Chinese Joss Sticks in Class 50 since the last 4 years.

Facsimiles of such Trade Mark can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

The applicants disclaim the right to the exclusive

characters of the Chinese

use

(天吉馨)

Dated the 11th day of March, 1932.

YU LAN HING FIRM,

No. 4, Ko Shing Street,

Hong Kong. Applicants.

(FILE No. 426 of 1931) TRADE MARKS ORDINANCE 1909.

Application for Registration of a

Trade Mark.

NOTICE is hereby given that The Kai

KAI SEUNG

商標

雙

唘

279

(FILE No. 432 of 1931)

THE TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

MITLITE

(FILE No. 23 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Leung Fook Tai Firm of No. 83, New Reclamation Street, in the Portuguese Colony of Macao, have, on the 22nd day of January, 1932, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade

Mark:-

TRADE

TAI

MARK

商

品出廠造纖常啟

in the name of The Kai Seung Knitting Factory,

who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Articles of Clothing in Class 38 since the 1st day of June, 1930.

Dated the 8th day of January, 1932.

A. EL ARCULLI,

Solicitor for the Applicants, No. 14, Queen's Road Central,

Hong Kong.

in the name of the said Mitsui Bussan Kaisha Limited, who claim to be the proprietors there- of.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz :-

Lamps (ordinary) and Electric Lamps

(ordinary) in Class 13.

Dated the 8th day of January, 1932.

HASTINGS, DENNYS BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 436 OF 1931.)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Kung Kee Battery Company, of No. 135, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of December, 1931, applied for the registration in Hong Kong, in the kegister of Trade Marks, of the following Trade Mark,

viz :

in the name of Leung Fook Tai Firm, who claim to be the proprietors thereof.

The above Mark has been used by the said Firm in respect of Oyster and Shrimp Sauces in Class 42 for the last 25 years.

Dated the 12th day of February, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

(FILE NO. 275 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade-Mark.

NOTICE is hereby given that Sharp &

Dohme, Incorporated, a corporation organized under the laws of the State of Mary- land, of Philadelphia, Pennsylvania, United States of America, Manufacturers, have, on the 23rd day of June, 1931, applied for the Registration in Hong Kong, in the Register of Trade-Marks of the following Trade-Mark :-

K.K.

KUNG KEE

NO.725

The Flashlight Battery with Staying Power

K.K.

REG.IN CHINA

GUARANTEE

THIS CELL HAS BEEN INSPECTED AND TESTED AND LEAVES OUR FACTORY IN PERFECT CONDITION WE GUARANTEE THAT IT WILL GIVE SERVICEABLE LICHT LONGER THAN ANY OTHER CELL OF SAME DIMENSIONS USED UNDER COMPARABLE CON, DITIONS. SHOULD IT FAIL TO DO THIS WE WILL EITHER RE. FLACE IT OR RETURN YOUR MONEY

KUNG KEE

KUNG KEE BATTERY COMPANY

FUNG NING ROAD CANTON CHINA

BATTERY COMPAR SPALENT NUMBERS TUNG NING ROAD CANTONCHIN

(ONE OF MORE).

31674195

397083

-1.608 1969KV

Cher Patents Pengir

725

in the name of the Kung Kee Battery Company, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by Applicants forthwith in Class 8 in respect of Batteries.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that the applicants disclaim the right to the ex- clusive use of the letters K. K.," the figures "725" and all the written matters except the name of the firm and address.

Dated the 8th day of January, 1932,

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

in the name of Sharp & Dohme, Incorporated who claim to be the proprietors thereof.

The said Trade-Mark has been used by the Applicants since the 2nd day of April, 1930, in respect of the following goods:

Disinfectants, in Class 2.

Antiseptic lozenges, in Class 3. The Applicants disclaim the right to the exclusive use of the letters " S & D" appearing on the Mark.

Dated the 8th day of January, 1932.

REMFRY & SON,

PATENT AND TRADE-MARK ATTORNEYS,

21, Old Court House Street,

Calcutta.

280

(FILE No. 24 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that The Bakilly Company, Limited, whose

registered office is situated at Nos. 153 and 155, Des Voeux Road Central, Hong Kong, have, on the 26th day of January, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

Yuk Ceng

REILAS

YUN

| YEONG SHELING.

FACE SHERM

BEAUTIFIE

AND

SOTTELS

THE SKIN

Yuk

Yoong heung

YL.K

YLONU SHEUNG

FACE CREAM

AN EXCELLENT

BASE FOR

JACE POWDER

THE PAKELLY CO.LD.

THE BALLY'S HAR

DRESSING THAT

DRESSES THE HAIR EETTER

AND KEEPS IT DRESSED LONGER

ANY STYLE

(2)

THE BAKILLY CO.LD

BAKILLY

利家百

MANUFACTURED BY

THE BAK'LLY CO., LTD

HONGKONG & CANTON, CHINA

Hair

Dreving

(3)

HOMES

Homes

PERFUMER

固

(4)

Lotion

BAKILLY

CO, LTD

in the name of The Bakilly Company, Limited, who claim to be the pro- prietors thereof.

The above Trade Marks have been used by the applicants in Class 48- in respect of the following goods :-

Trade Marks No. 1 in respect of Face Cream.

Trade Mark No. 2 in respect of Hair Dressing.

Trade Marks Nos. 3 and 4 in respect of Hair Lotion.

Trade Mark No. 1 is associated with Trade Mark No. 391 of 1931 and Trade Mark No. 2 is associated with Trade Marks Nos. 199, 202 to 205, 207 to 212 of 1929, 194 to 196 of 1930 and 393 of 1931, and Trade Marks Nos. 3 and 4 are associated with Trade Marks Nos. 206 of 1929 and 394 of 1931, re- spectively.

The applicants disclaim the right to the exclusive use of the words "Hair Dressing" on Trade Mark No. 2.

Representations of the above Trade Marks are deposited for inspection. in the Offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 11th day of March, 1932.

THE BAKILLY COMPANY LIMITED, Nos. 153 & 155, Des Voeux Road Central, Hong Kong, Applicants.

282

LEGISLATIVE COUNCIL.

No. S. 96. The following Bill was read a first time at a meeting of the Council held on the 17th March, 1932:-

C.S.O. 4667/31.

[No. 41-3.3.32.-4.]

A BILL

Short title.

Interpreta- tion.

Divan keeper.

'Exporta- tion.

Implement.

Importation.

Opium.

Opium divan.

INTITULED

An Ordinance to amend and consolidate the law relating to

opium.

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, 1932.

2.--(1) In this Ordinance,

(a) "Divan keeper' means the occupier or person having the use temporarily of any opium divan, or any person 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.

(b) To export" means to carry or otherwise despatch 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.

(d) "To import" means to carry or otherwise despatch 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.

(e) "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-

283

(i) for the sale of prepared opium to be smoked in such place; or

(g) "Opium dross" means the residuum produced by Opium dross. sinoking prepared opium.

(h) Any opium, implement, or other thing shall, for the Fossession 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 Person. of the penalty of imprisonment, includes a body corporate and a firm.

"Prepared opium" includes every preparation of Prepared opium, and every substance in which opium forms an in- opium. 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--

(i) 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.

Preparing opium.

(m) "Ship" includes every description of vessel used in ship. navigation or for the carriage or storage of goods, and in- cludes all aircraft.

(n) "Superintendent" means the Superintendent of Im- Superin- ports and Exports.

tendent.

(o) "Wharf" includes every place used as a landing Wharf, place and every warehouse or place adjoining a landing place or used in connexion therewith.

Regulations.

First Schedule.

284

3.-(1) It shall be lawful for the Governor in Council. 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 First 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.

Prohibition of, posses- sion of, and dealing in raw opium.

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.

(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.

(b) Full particulars as to the description, weight, con- signors, consignees and destination of the raw opium, and as

285

to the marks and numbers of the cases in which it is con- tained, shall appear in the manifest of the said ship.

(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.

First

Form No. 1.

(f) A certificate in Form No. 1 in the First Schedule or in some form which appears to the Superintendent to be Schedule 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.

(g) 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.

Form No. 1.

(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 such licence.

Licence

under s. 4 (2), and revocation of licence,

any discretion-

ary.

Restrictions

of raw

286

opium.

Permits.

First Schedule.

Forms Nos. 2 and 3.

Memorandum

exported to

(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 Nos. 2 and 3 respectively in the First Schedule.

8. The Superintendent shall furnish the master of every of raw opium ship carrying raw opium for export with a memorandum he furnished containing the particulars set forth in Form No. 4 in the First Schedule, and no ship carrying raw opium shall depart from the Colony without such memorandum.

to master.

First Schedule.

Form No. 4.

Exclusive right of preparing

and selling

prepared opium.

Sale of prepared opium.

Preparation

of opium and importation of prepared opium prohibited.

PART III.

PREPARED OPIUM.

9. The exclusive right of preparing opium and of selling prepared opium in the Colony is vested in the person for the time being lawfully performing the duties of Superintendent.

10. The Superintendent may, in his discretion, appoint suitable persons to sell prepared opium, subject to such conditions as he may think fit, and may cancel appointment.

any such

11. No person except the Superintendent shall prepare opium within the Colony or import any prepared opium or do any act preparatory to or for the purpose of importing any prepared opium.

12. (1) No person except the Superintendent shall have in his possession any prepared opium other than Government prepared opium, or any opium dross exceeding

Possession of prepared opium other than that prepared by Government, one tael.

or dross, prohibited.

Onus.

Sale and possession of prepared opium and dross.

Provision as to minors.

(2) The onus of proof that any prepared opium is Government prepared opium shall rest upon the person alleging the same.

13. (1) No person except the Superintendent or a person appointed by him shall sell or offer or expose for sale any prepared opium, or any opium dross.

14. (1) No prepared opium or opium dross shall be sold to, or purchased, smoked or possessed by, any person under twenty-one years of age.

287

(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. Opium

(2) No person shall smoke opium in any opium divan.

divans and smoking therein prohibited.

Presump-

tions (1) as

16. (1) Where two or more persons are found smoking opium in any place, such persons not being residents in to opium the said place, it shall, until the contrary is proved, be divans, (2) presumed-

(a) that the said place is an opium divan; and

as to smoking opium in an opium divan.

17.-(1) No person shall, without lawful authority or Unlawful excuse, have in his possession, except attached to a recep- posesvern- tacle issued by the Superintendent and containing ment opium Government prepared opium, any label or wrapper of a kind labels and used by the Superintendent for affixing to receptacles con- taining Government prepared opium, or any portion of any such label or wrapper.

wrappers.

etc.,

Government

18. (1) No person shall, without lawful authority or Possession excuse, have in his possession any label, wrapper, or mark, of labels, so resembling any label, wrapper, or mark used by the resembling 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.

(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.

opium labels, and dies, etc., for the

production of such labels, etc.

Government

19. No person shall mix anything with prepared opium Counter- with the intention of causing it to be believed that such feiting prepared opium is Government prepared opium, or shall opium pre- counterfeit any mark used by the Superintendent to denote parations or that the prepared opium contained in any receptacle is marks Government prepared opium, or shall use as genuine any such mark.

distinctive

thereon,

Exportation of prepared opium prohibited.

288

Ships prohibited

from being used in smuggling opium.

Opium not on ship's manifest.

Postal provisions.

PART IV.

GENERAL.

Ships.

21.-(1) No person shall, without lawful authority or excuse, use any ship for the importation, landing, removal, carriage, conveyance, storage or exportation of any opium 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

　　in a position to take reasonable precautions to prevent such user and neglected to take such precautions.

22. (1) No person shall bring or have in his possession on board any ship any opium, other than the prepared opium specified in the proviso to section 20, unless the same entered on the manifest of the ship.

Post Office.

23. (1) No person shall send any opium by post.

(4) Sub-sections (2) and (3) shall apply to all postal articles, whether posted in the Colony or not.

289

Appointment and duties of revenue and police officers.

24. (1) The Governor may appoint an officer to be Superin- called the Superintendent of Imports and Exports and such tendent and number of Assistant Superintendents as he may think fit. Assistant

(2) An Assistant Superintendent shall have all the powers conferred on the Superintendent by or under this Ordinance.

Superin-

tendents.

25.--(1) The Superintendent may appoint such persons Revenue as he may think fit as revenue officers under this Ordinance, officers. 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.

26.-(1) Every police officer shall have the powers of a Folice revenue officer under this Ordinance.

(2) Every police officer when acting against any person under this Ordinance shall, if not in uniform, on

　　　　　　　　　　　　　　　　　　　　　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.

officers:

badge.

appoint-.

Search, arrest and seizure.

officers

28.-(1) It shall be lawful for any European revenue Certain officer or European police officer, or for any other public public officer authorised thereto in writing by the Superintendent, may board either generally or for a particular occasion, to board any and remain ship (not being or having the status of a ship of war) and on ship. to remain on board so long as such ship remains in the Colony.

Search of

persons

entering Colony

and of their goods and baggage.

Examination of things other than passengers' accompanied baggage.

Arrest and search on reasonable suspicion.

290

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 the Colony by land shall-

(a) on demand by any revenue officer or police officer either permit his person and his goods and baggage to be 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 ollicer or police officer in the presence and under the supervision of a European officer;

(b) on demand by any European revenue officer or 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 shail 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.

31.--(1) It shall be lawful for any public officer authorised by the Superintendent in that behalf-

291

(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;

to seizure;

(e) to search any place which such public officer 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;

(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

Compensa- tion for unsuccessful search to be paid by Superin-

tendent.

Manner of seizure not to be

292

(b) limited, so as to embrace only a portion of those powers; or

Miscellaneous.

Rules as to secrecy of information

and protec- tion of informers.

Magistrate may permit accused

persons to give evidence for prosecution in certain

cases.

Accused

assisting

34. (1) Except as hereinafter mentioned, no informa- tion laid under this Ordinance shall be admitted in evidence in 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.

35.-(1) Whenever two or more persons are charged with any offence against this Ordinance, the magistrate may permit any of them to give evidence for the prosecution.

(2) Every person so permitted to give evidence, who shall persons thus in the opinion of the magistrate make, true and full discovery of all things as to which he is lawfully examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full

prosecution

to obtain indemnity

from prose-

cution.

[s. 38 contd.]

294

(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-

295

(8) Whenever any person to whom any licence or permit [s. 38 contd.] or authority has been issued or granted under this Ordinance

would be liable under the provisions of this Ordinance or 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 or 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.

Enactment.

Maximum fine.

Maximum term of imprisonment.

18 s. 19

$2,000

S. 14

$1,000

s. 15 (1) s. 15 (2) s. 17

$ 500

$5,000 $5,000

Six months.

One year. One year.

$5,000

One year.

s. 25 (4) s. 25 (5)

s. 26

any regulation

ਹਰਿ ਹਰਿ ਚੜਿ ਓ

250

$ 250

Six months.

$ 250 $ 250

Three months.

made

under

this Ordinance

Forfeiture.

Disposal of fines and

estreated bail.

Repeal of Ordinances No. 30 of 1923.

No. 7 of

1924. No. 3 of

1930.

296

40. It shall be lawful for the court or a magistrate to 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.

41. All fines under this Ordinance, and any bail in respect of any charge under this Ordinance which may be estreated by a magistrate, shall be paid into a special account. and may be disposed of as the Governor may direct.

42. The Opium Ordinance, 1923, the Opium Amend- ment Ordinance, 1924, and the Opium Amendment Ordinance, 1930, are repealed.

FIRST SCHEDULE.

FORM NO. 1.

[ s. 4 (2) (f) and (3) ]

(a) Name, address and business of importer.

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)....

(b) Exact description and amount of opium to be imported

which the

opium is to be obtained.

of (b)

from (c)

297

subject to the following conditions (d)

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

[First

Schedule conta.]

(d) State any

special condi- tions to be observed.

Date

Official Rank

FORM NO. 2.

Superintendent.

[s. 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 Remarks. ing ship. arrival. packages. numbers. opium. of opium.

Conditions.

1. This permit may be used only between

p.m. on

the

a.m. and

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.

[First Schedule

contd.]

298

FORM NO. 3.

[s. 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.

Fimport Date of ing ship arrival

Number of Marks & Kind of Weight

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

present.

revenue officer is

4. The permit must be produced whenever demanded by a revenuc officer or police officer.

Date

Superintendent.

NOTE:-The conditious may be varied or added to by the Superintendent.

FORM NO. 4.

EXPORT MEMORANDUM.

Opium Ordinance, 1932.

Memorandum of raw opium for export per S.S.

Permit No.

Marks

Govt. No

No. of Kind Weight

of pack-

of ages opium. opium.

[s. 7.]

Exporter. Destination.

Superintendent.

299

FORM No. 5.

SUPERINTENDENTS CERTIFICATE.

[s. 37.]

Opium Ordinance, 1932.

I, ............ (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.

Objects and Reasons.

November, 1931.

C. G. ALABASTER,

Attorney General.

-----.- . . .

Section

of new Ordinance.

300

TABLE OF CORRESPONDENCE.

Section of Ordinance.

No. 30 of

1923.

ગ

13 & 14

New

Remarks.

s.s. (1) as amended by Ordinance No. 3 of 1930. Inclusion of Aircraft in (m) is new. s.s. (2) date of Convention revised and "place" substituted for "country".

s.s. (1) (b) revised.

Persons who sell Government

opium receive વે fixed salary they are not licensees so references to licensing have been deleted.

As enacted by Ordinance No. 7 of 1924. "4 (2)"

substituted for "4 (1)".

As amended by Ordinance No. 7 of 1924.

Do.

s.s. (1) varied and s.s. (2) deleted. See note to sec-

tion 3.

Opium dross added as recommended by the Com-

mission.

These sections have been combined. Opium dross has been added as so recommended, and reference to passenger holding permit under section 20 added. Appointed" in place of "licensed."

In accordance with the Bangkok Opium Agreement,

1931.

As enacted by Ordinance No. 3 of 1930. "So issued"

omitted.

Opium dross added also provision as to special permits to passengers to have opium for use on the voyage which is new.

Section 21, amended by Ordinance No. 7 of 1924, has been re-drafted and the quantity of opium giving rise to a presumption of complicity has been raised.

↓

}

Section

of new Ordinance.

223

301

Table of Correspondence.

Section of Ordinance.

No. 30 of

1923.

223

Remarks.

Slight alteration to make it clear that no prepared

opium may be imported.

Revenue Officers appointed under other Ordinances

added.

Subsection (1) is new to correspond with section 65 (1) of Ordinance No. 36 of 1931, s.s. (2) as 'amended by Ordinance No. 18 of 1929, s. 14. "Any other Ordinance" instead of "the Opium Ordin-

ance, 1914".

Sub-section (2) added to correspond with the sub- section enacted by Ordinance No. 29 of 1929, s. 14.

"Accompanied by any goods or baggage" deleted from s.s. (1). 'Should he so request" adde·1. "a European officer" substituted for "any European revenue officer or European police officer or other police officer not below the rank of sergeant" in para. (a).

"European officer' substituted for "European revenue officer or European police officer" in s.s. (2).

As enacted by Ordinance No. 3 of 1930.

6 6

As enacted by Ordinance No. 3 of 1930

Assistant Superintendent" added in s.s. (1).

'or by an

8888

New

Schedule.

As amended by Ordinance No. 7 of 1924. The provisoes to sub-sections (1) and (3) are new, c.f. Ordinance No. 22 of 1923, s. 11 (2). "Enact- ments' substituted for "sections or sub-sections' as the penalty for breach of regulations is new, c.f. Ordinance No. 31 of 1911, s. 29 (6). Penalty for breach of s. 14 is new.

Form 5 differs slightly from the form enacted by

Ordinance No. 3 of 1930, s. 8.

302

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 97.-It is hereby notified that information has been received from the Eastern Bureau, League of Nations, Singapore, to the effect that Hong Kong has been declared by the Straits Settlements Government an infected port on account of small-

pox.

18th March, 1932.

W. T. SOUTHorn,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 98.-It is hereby notified that information has been received from the Eastern Bureau, League of Nations, Singapore, to the effect that Hong Kong has been declared by Port Swettenham (F.M.S.) an infected port on account of small-pox.

18th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 99. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

No. S. 97.

small-pox.

1932.

Port Swettenham (F.M.S.)

Do.

8th March, 1932.

No. S. 98.

18th March, 1932.

W. T. SOUTHorn,

Colonial Secretary.

303

COLONIAL SECRETARY'S DEPARTMENT

No. S. 100.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification Nc. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

18th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

IMPORTS AND EXPORTS DEPARTMENT.

　　No. S. 101.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Sun Hats for Chinese Revenue Officers", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 29th day of March, 1932, for the supply of the undermentioned Sun Hats for the Imports and Exports Department, viz.:-

Supply More or Less...90 Sun Hats for Chinese Revenue Officers.

　　No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Government, if such person shall refuse to carry out his tender, should the tender be accepted.

　　For form of tender and further information, apply to the Imports and Exports Office.

The Government does not bind itself to accept the lowest or any tender.

J. D. LLOYD,

Superintendent,

Imports and Exports.

18th March, 1932.

304

DISTRICT OFFICE,

SOUTHERN DISTRICT,

HONG KONG.

No. S. 102. It is hereby notified that the following Sale by Public Auction of the right to quarry stone on Crown Land will be held at the Office of the District Officer, South, Post Office Buildings, Hong Kong, at 11 a.m., on Friday, the 1st day of April, 1932.

The Purchaser will be granted a permit to Quarry Granite for the term of ONE year from the 1st day of April, 1932, subject to the Special Conditions hereunder specified.

PARTICULARS OF THE QUARRY.

Quarry No.

Locality.

Boundary Measurements.

Estimated Area in square feet.

Upset Annual Crown Rent.

No. 8.

Sok Kwi Wan.

50,000

$23

As per plan deposited in the District Office of the Southern District of the New Territories, Hong Kong

SPECIAL CONDITIONS.

　　1. The area to be quarried is shown on a plan deposited in the Office of the District Officer, South, Post Office Buildings, Hong Kong.

　　2. The highest bidder shall immediately after the sale deposit in the Office of the District Officer, South, Hong Kong, a sum equivalent to three months' rent of such Quarry as security for the rent and the fulfilment of these conditions. He shall then be entitled to and shall sign, on demand, a permit from the Crown to quarry granite on the piece of ground comprised in such permit for ONE year from the 1st day of April, 1932, at the rental at which the same was purchased and payable quarterly in advance on the 1st day of each quarter: such permit being in the printed form deposited in the Office of the District Officer, South.

　　3. The Government will if practicable, allow the permittee to erect and maintain such temporary piers or jetties, as may, in the opinion of the District Officer, South, be reasonably necessary for the purpose of shipping stone cut in the said quarry into junks or boats; the sites and dimensions of such temporary piers or jetties shall be subject in all respects to the approval of the District Officer, South, who may at any time direct the removal of any such temporary pier or jetty to any other place, the expense of such removal to be borne by the permittee.

　　4. The permit shall be subject to cancellation at any time on two months' notice being given without compensation but a refund of a proportionate part of the rent will be made.

　　5. The permittee shall fill in any holes in the quarry and construct such drains as may be necessary to carry off any surplus water--the work to be done to the satisfaction of the District Officer, South.

　　6. The permittee will be allowed to erect a shed 20' by 20' for housing workmen and a kitchen 10' by 10'.

7. The quarry shall be left in a tidy condition at the expiration of the permit to the satisfaction of the District Officer, South.

　　8. Should the permittee fail to comply with these conditions the sum deposited by him shall be forfeited to the Government, and he shall be liable to make good any loss or damage which the Government any incur through his failure to comply with such con- ditions.

J. S. MACLAREN,

District Officer, South.

18th March, 1932.

305

PUBLIC WORKS DEPARTMENT.

　No. S. 103. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of April, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Contents

Registry No.

Locality.

Sale.

in sq. feet.

Annual Rental. Price.

Upset

feet. feet. feet.

feet.

About

Kowloon Inland Lot No. 2819.

Waterloo Road.

As per sale plan.

25,350 290

19,013

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

18th March, 1952.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 104. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of April, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in

Annual

Upset

Sq. feet.

Rent. Price.

Kowloon Inland Lot

Waterloo Road.

No. 2820.

feet.

feet. feet. feet.

As per sale plan.

About

66,000 758

49,500

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

18th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

COMPANIES (WINDING-UP.)

No. 5 OF 1925.

In the Matter of the Companies Ordin-

ance, 1911

and

In the Matter of the Kam Wing Bank.

(IN LIQUIDATION).

UPON the application of the Liquidators Liquidators and upon the Official Receiver having no objection and upon reading the two affidavits of John Hennessey Seth, one of the joint liquidators, filled herein on the 14th day of October, 1931 and the 20th day of January, 1932, respectively IT IS ORDERED that John Hennessey Seth and S. Hampden Ross the said joint liquidators are hereby released by virtue of Section 152 of Ordinance No. 58 of 1911 and that the costs of this application be paid out of the assets of the Company.

Dated the 27th day of January, 1932.

ERIC HIMSWORTH, Deputy Registrar.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Charles Angustus Pen- nington late of Heigham Hall Norwich Norfolk formerly of 31 Pembridge Villas Bayswater Mid- dlesex Esquire, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of Probate. Ordinance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 14th. April, 1932.

　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 16th day of March, 1932.

JOHNSON, STOKES & MASTER,

WE,

Solicitors for the Administrator,

Prince's Building, Ice House Street,

Hong Kong.

NOTICE.

E, the undersigned, beg to give notice that by an Indenture of Assignment dated the 14th day of March, 1932, the business of O. Kitchel & Co., heretofore carried on by the undersigned Omar Kitchell at No. 5, Queen's Road Central, as Sharebrokers together with all book debts goodwill and the seat on the Hong Kong Sharebrokers' Association and all other assets of the said business were assigned to the undersigned Armin Kitchell absolutely for the consideration therein mentioned.

The

　　　　said assignment is to take effect as from the 9th day of December last.

All debts contracts engagements and other

obligations of the said firm have been taken

over and will be discharged by the undersigned

Armin Kitchell.

309

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In The Goods of Jemima Elizabeth Wootton, late of 59, Wickham Road, Brockley in the County of Kent in the United Kingdom Widow, de- ceased.

NOTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to 3rd of April, 1932.

All Creditors

hereby required and others are accordingly undersigned on or before that date.

Dated the 5th day of March, 1932.

DEACONS,

Solicitors for the Executrir, 1, Des Voeux Road Central, Hong Kong.

THE HONG KONG IRON MINING COMPANY, LIMITED.

NOTICE

OTICE is hereby given that the Twenty- fifth Ordinary General Meeting of Share- holders will be held at the Offices of Messrs. Jardine, Matheson & Co., Ltd., on Thursday, the 24th March, 1932, at 12.15 p.m. for the purpose of receiving the Report of the Directors together with a Statement of accounts for the year ending 31st December, 1931.

The Register of Shares of the Company will be closed from Monday, 21st March, to Thurs- day, 24th March (both days inclusive), during which period no transfer of shares can be re- gistered.

By Order of the Board of Directors,

L. S. GREENHILL, Secretary,

Hong Kong, 9th March, 1932.

白告股承

中視出股楚內歷用中十啓華為關人自人年黃發八者民廢於黃頂点湓承公號黃國紙股承之發利澤司高儉壬概份澤堂做名糖明生申作及即日承至字公年無來黃後受辛所餅司黃二效往儉高經未占乾及承月先數生明年高生德澤 + TIE +*+I&

3883L24

日明有及两年一司黃中占以未日號二槪中儉門有

(FILE No. 61 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTIO

OTICE is hereby given that The Staner Company, Limited, of (5th floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have, on the 13th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

Hoppe S

ABSOLUTELY

(2)

Cow

BRAND

FINE ST

GUARANTEE

BOOTPOLISH

AND

LEATHER DRESERVATIVE

(3)

La Vall

who claim to be the proprietors thereof.

in the name of The Staner Company, Limited,

HOPPES Trade Mark has been used by the since October, 1931.

applicants in respect of Dentifrice in Class 48

COW Trade Mark is intended to be used forthwith by the applicants in respect of Boot

polish and leather preservative in Class 50.

LAVALL Trade Mark has been used by the

applicants in respect of Hair cream, hair lotion and face cream in Class 48 since September, 1931 and is intended to be used forthwith by powder and toilet soap in Class 48.

the applicants in respect of Face powder, talcum

Representations of the above Trade Marks are deposited for inspection in the Offices of

免繳前生月核發生牌文| the Registrar of Trade Marks and also of the

All connection of the undersigned Omar 人後囘高意初算公志一咸 undersigned.

Kitchell and his power to sign for the firm will* **9&+8¬¤ 論者明盈+清司圖百東

cease as from the date hereof.

Dated this 15th day of March, 1932.

O. KITCHELL,

A. KITCHELL.

發此日中虧日楚之別六街

堂佈後發槪交頂股業+門檢所與易與份願四牌

出發退清股及將號九

Dated the 18th day of March, 1932.

THE STANER COMPANY, LIMITED, Bank of Canton Building,

Hong Kong, Applicants.

(FILE NO. 70 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that Steinway & Sons, of Steinway House, 109-113, West 57th Street, New York, United States of America and Steinway Hall, 1-2 George Street, Conduit Street, London, England, also at 22- 24, Schanzenstrasse, Hamburg and at Berlin, Germany, Pianofortes Manufacturers, have on the 31st day of July, 1932, applied for the re- gistration in Hong Kong in the Register of Trade Marks, of the following Trade Marks:-

STEINWAY & SONS

STEINWAY

in the name of Steinway & Sons, who claim to

be the sole proprietors thereof.

The Trade Marks have been used by the Ap-

plicants in respect of :--l'ianofortes in Class 9. The said Trade Marks are to be associated

one with the other.

　　　　　　　Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

(FILE No. 45 OF 1932)

TRADE MARKS ORDINANCE, 1903.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Messrs.

NOTE

Cheong Hing Company, ( A) of No. 194, Queen's Road Central,

Victoria, in the Colony of Hong Kong, have, on the 4th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :- (1)

唱

(2)

310

(FILE No. 72 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Wan Heung Yuen (辣香園 ) of

No. 67, Sap Pat Po Road, Canton, in the Province of Kwong Tung, in the Republic of China, have on the 26th day of February, 1932, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely :-

>OH

蘿

BOOK IS

圈間蘊

in the name of the said Wan Heung Yuen

() who claim to be the pro-

prietors thereof.

The Trade Mark has been used by the applicants in class 42 in respect of substances used as food and as ingredients in food for the 23 years last past.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of March, 1931.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 10 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Ngai

Kang Knitting Factory of No. 259, Portland Street, Mongkok tsui, in the Depen- dency of Kowloon and Colony of Hong Kong, Merchants, have on the 8th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Tarde Mark:

(FILES Nos. 22 and 66 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that The Min Keung Knitting Co., of Nos. 51 to 57, Prince Edward Road, Mongkok, in the De- pendency of Kowloon and Colony of Hong Kong, have, on the 22nd day of January, 1932, and the 18th day of February, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

(2)

in the name of The Min Keung Knitting Co., who claim to be the proprietors thereof.

The above Trade Marks are intended to be used by the Applicants forthwith in Class 38 in respect of Singlets, Stockings and all articles of clothing.

Facsimiles of the said Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of March, 1932.

LEO D'ALMADA E CASTRO,

Solicitor for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

(FILE No. 443 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks,

OTICE is hereby given that The Pakley Knitting Company of No. 14, Cheung

Lok Street, Yaumati, Kowloon, Hong Kong, Knitting Manufacturers, have on the 31st day of December, 1931, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

司公造議利百

(2)

in the name of Messrs. Cheong Hing Company, who claims to be the proprietor thereof.

　　　　　　The above Trade Marks have been used in respect of:-

Handkerchiefs and Garters, in Class 38. Facsimiles of such Trade Marks can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 18th day of March, 1932.

THE CHEONG HING CO., No. 194, Queen's Road Central, Hong Kong,

Applicants.

in the name of The Ngai Kang Knitting Factory,

who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Articles of clothing in Class 38 since 1919.

The Applicants disclaim the right to the exclusive use of the letters "N. K." and that the registration of this Mark is limited to the colours as shown on the Mark.

Facsimiles of the Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

•

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants, St. George's Building, Hong Kong.

環

响螺

KET S

in the name of The Pakley Knitting Company, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by the applicants in respect of Singlets, woollen singlets, underwears and hosiery in Class No. 38.

Dated the 15th day of January,

1932.

THE PAKLEY KNITTING

COMPANY,

No. 14, Cheung Lok Street, Yaumati, Hong Kong,

Applicants.

311

(FILE No. 94 OF 1931)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTI

(1)

(2)

(3)

學

(5)

(6)

(7)

(8)

(9)

10)

(11)

( 12 )

( 13 )

KNIT

REISS BROS.

(14)

送牌船輪公

in the name of Reiss, Massey & Co., Ltd., who claim to be the Proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Yarns,

Wool, Worsted or Hair in Class 33.

Dated the 15th day of January, 1932.

REISS, MASSEY & CO., LTD.

(4)

(FILE No. 391 of 1931)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Marks.

OTICE is hereby given that The Ngai Sang Knitting Company of No. K.I.L. 2402, Nullah Road. of Kowloon, in the Colony of Hong Kong, have, on the 18th day of Novem- ber, 1931, applied for registration of the follow- ing Trade Marks, viz:-

造嬂生兿港香

312

(FILE No. 372 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Nestle and

NOTIC

STANDING DOLL BRAND

企

標商

鏡里千

造鐵生藝港香

標牌生雙商

in the name of the said Ngai Sang Knitting

Company, who claim to be the proprietors thereof.

　　　　　　　The Trade Marks are intended to be used by the applicants forthwith in Class 38 in re- spect of singlets.

　　　　　　　Facsimiles of such Trade Marks can be seen at the office of the Registrar of Trade Marks.

Dated the 15th day of January, 1932.

THE NGAI SANG KNITTING CO., No. K.I.L. 2402, Nullah Road, Mongkok, Kowloon.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

嘜

in the name of Nestle and Anglo-Swiss Con- densed Milk Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The said Trade Mark is to be associated with Trade Marks Nos. 148A and 148в of 1896 and 74 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

DEACONS,

Solicitors for the Applicants,

No. 1, Des Voeux Road Central,

Hong Kong.

Trade and Shipping

Returns for the month of January, 1932.

COMPILED the Imports and Ex- OMPILED by the Statistical

ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy :

NORONHA & CO.,

Government Printers,

5, Duddell Street.

(FILE No. 433 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four

Trade Marks.

OTICE is hereby given that The Hip Wo

Drug Company of No. 79, Tai Ping Road, South, Canton, in the Republic of China, have, on the 24th day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :--

(1)

(2) (3)

神國丈

仙母夫

水丸丸

(4)

in the name of the said Hip Wo Drug Company, who claim to be the sole proprietors thereof.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January,

1932.

GEO K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Buildiog, Chater Road,

Hong Kong.

(FILE No. 438 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chan Chun Lan Firm, of No. 103, Queen's Road Central, Hong Kong, Tea and Tobacco Mer- chants, has, by application dated the 29th day if December, 1931, applied for the registration on Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

牌角六

TRADE

MARK

幼國中

in the name of Chan Chun Lan Firm, who

claim to be the sole proprietors thereof.

The Trade Mark has been used by the ap- plicants in respect of Cigarette Paper in Class 39 since May, 1931.

The Trade Mark is registered with limitation of colours shown in the representation on the form of application for registration.

are

Representations of the Trade Mark deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 15th day of January, 1932.

CHAN CHUN LAN FIRM, No. 103, Queen's Road Central, Hong Kong, Applicants.

PRINTED ANd Published BY NORONHA & CO.. PRINTERS TO THE Hong Kong GOVERNMENT.

314

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 105.-The following bill is published for general information :-

C.S.O. 3152/26

A BILL

[No. 11-5.3.31.-1.]

Short title.

Amendment

No. 1 of

INTITULED

An Ordinance to amend further the Medical Registration

Ordinance, 1884.

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, 1931.

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.

Objects and Reasons.

Section 2 of this Ordinance adds two sub-sections to section 10 of the principal Ordinance. The new sub-section (4) makes provision for a chairman of the Medical Board and gives him a deliberative and a casting vote on the lines of section 13 (2) of Ordinance No. 1 of 1903. The new sub-section (5) is on the lines of section 14 (1) of the latter Ordinance and enables the Board to make Standing Orders.

C. G. ALABASTER,

March, 1932.

Attorney General.

315

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 106.--Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April.

Steerage passengers must

must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

No. S. 97.

small-pox.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

24th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 107.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Small-pox.

Port or Place.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Authority.

Notification

No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February,

1932.

24th March, 1932.

W. T. SOUTHORN,

Colonial Secretary.

316

DISTRICT OFFICE, Tai Po.

　　　　No. S. 108.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 7th day of April, 1932.

The Lot is let for the term of One year from the 1st day of April, 1932, as a Garden Lot.

PARTICULARS OF THE LOT.

Registry No.

Locality.

No. D. D.

Lot.

Boundary Measurements.

Contents in Acres.

Annual

Upset Crown

Price.

Rent.

124 3924

Chung Uk Tsun.

As per plan deposited in the District Office, North.

5.75 acres.

Nil. 23:00

24th March, 1932.

T. MEGARRY,

District Officer, North

DISTRICT OFFICE, TAI Po.

　　　No. S. 109. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 13th day of April, 1932.

　　　The Lots are let for the term of One year from the 1st day of April, 1932, as Agricultural Lots.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Annual

Contents

Upset Crown

Locality.

Acres.

Price.

Rent.

No. D. D.

Lot.

feet.

feet. feet.

feet.

519

Ting Kok.

As per plan deposited in the District Office, North.

53 acre.

Nil.

1.10

*78

1.60

520

*14

.30

من

522

སྙཙང

925

Wun lu.

•19

.40

*66

1.40

438

3484

Shek Fu Hui.

*04

.10

⚫07

.20

3485

8 156A

Sam Mun Tsai.

*42

.90

24th March, 1932.

T. MEGARRY,

District Officer, North.

317

DISTRICT OFFICE, TAI PO.

　No. S. 110.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 6th day of April, 1932.

　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 8 as Building Lots. Lot No. 9 as a Threshing Floor Lot and Lots Nos. 10 to 14 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 8 are further subject to Special Condition No. 2 (a). Lot No. 9 is further subject to Special Condition No. 1 (a). Lots Nos. 10 to 14 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $750, $750, $500, $500, $500, $500, $250 and $150 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

Contents in Acres, or Square feet.

Annual

Upset Price.

Crown Rent.

feet. feet. feet. feet.

€

187

483

Sheung Kang Hau.

As per plan deposited in the District Office, North.

1250 sq. ft.

1.50

212

295

Tsiu Hang.

1008

1.50

100

1776

Liu Tong Mi.

480

1777

480

ما

1.00

1778

540

1.00

1235

Shan Kai Wat.

476

1.00

1236

315

.50

1209

Ting Kok.

100

.50

1210

480

.10

1208

·09 acre.

.10 ·

1122

Nam Hang

*06

.10.

1529

*04

.10

1530

1.04

113

1.10

83 2027

Tsz Tong Tsun.

•20

.20

24th March, 1932.

T. MEGARRY,

District Officer, North.

318

DISTRICT OFFICE, Tai Po.

　　　No. S. 111.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m. on Wednesday, the 6th day of April, 1932.

　　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Brick storing ground subject to the General Conditions of Sale pub- lished in Government Notification No. 570 of 1924 as amended by Governinent Notifica- tion No. 470 of 1931, and to Special Condition No. 1 (a) and further to Special Condi- tions hereunder specified.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

in Acres.

Upset Crown Price. Rent.

D. D.

Lot.

feet. feet. feet feet.

131

795

Yeung Siu Hang.

As per plan deposited in the District Office, North.

4.90 acres.

1065 24.50

SPECIAL CONDITIONS.

1. The Purchaser shall reclaim and form the whole of the area coloured red on sale plan to such levels as the District Officer, North, may approve, and for the protection of such reclaimed area shall construct between the points A, B and C on sale plan, a bund or wall as may be required by the District Officer, North, and of such design and materials as may be approved by him. The whole of the above works to be completed to the satisfaction of the District Officer, North, within 24 months from the date of sale.

2. The Purchaser shall make his own arrangements with regard to water supply and approaches.

3. The Purchaser, his executors, administrators and permitted assigns shall not except by way of mortgage, assign or underlet or part with the possession or other- wise dispose of the lot in question or any part thereof or of his interest therein without the consent of the Governor unless and until the works referred to in Special Condition (1) have been completed to the satisfaction of the District Officer, North.

24th March, 1932.

T. MEGARRY,

District Officer, North.

319

DISTRICT OFFICE, TAI PO.

　No. S. 112.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 7th day of April, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 7 as Building Lots. Lots Nos. 8 and 9 as Building and Garden Lots, and Lots Nos. 10 to 15 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 7 are further subject to Special Condition No. 2 (a). Lot No. 8 is further subject to Special Condition No. 2 (a) and (b). Lot No. 9 is further subject to Special Condition No. 1 (b) and (c). Lots Nos. 10 to 15 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $2,000, $500, $250, $250, $250, $250, $250 and 4,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Acres, or Square feet.

Upset

Crown

Price.

Rent

No. D. D. Lot.

feet. feet. feet. feet.

131

799

Yeung Siu Hang.

As per plan deposited in the District Office, North.

3440 sq. ft.

4.00

121

1814

Shan Ha Wai.

775

1.00

1815

207

.50

4 106

2124

Un Kong.

330

.50

2125

280

.50

104

4194

Chuk Un.

300

.50

7 125

2122

Lo Uk Tsun.

341

.50

8 376

313

So Kun Wat.

3200

4.00

9 131

800

Yeung Siu Hang.

4250

5.00

10 116

5225

Tai Shu Ha.

28 acre.

.30

4722

*04

.10

12 117

592

Wong Nai Tun.

.30

2014

San Tsun.

*16

.20

14 120

1633

-Un Long.

*08

.30

1646

•17

.60

24th March, 1932.

T. MEGARRY,

District Officer, North.

320

DISTRICT OFFICE, TAI PO.

　　　No. S. 113.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 13th day of April, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 5 as Building Lots, and Lots Nos. 6 to 14 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 5 are further subject to Special Condition No. 2 (a). Lots Nos. 6 to 14 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　　　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $1,750, $750, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Acres, or Price.

Upset Crown

Rent,

No. D. D. Lot.

Square feet.

feet. feet. feet. feet.

€

185

325

Ha Wo Tse.

As per plan deposited in the District Office, North.

3000 sq. ft.

7.00

199

1446

Mau Ping.

930

1.50

165

Kuk Po.

600

1.00

871

Muk Wu.

162

.50

ແລ້

298

2224

Kam Tsin.

396

1.00

4643

Sheung Shui.

·12 acre.

.20

166

Kuk Po.

*03

.10

2885

924

Wun Iu.

*03

.10

2779

Wo Hang.

*02

.10

2780

*02

.10

2781

·03

.10

2782

*02

.10

2783

*03

.10

2784

ΟΙ

ล

.10

24th March, 1932.

T. MEGARRY,

District Officer, North.

321

DISTRICT OFFICE, SOUTH.

No. S. 114.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of April, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Garden Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No 470 of 1931 and Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

Upset

Crown

Price.

Acres.

Rent.

Tsun Wan

Demarcation District

No. 355.

Lot No. 260.

Lot No. 262.

24th March, 1932.

Chai Wan Kok.

2,450

.10.

2,450

.10

Subject to readjustment as

provided by the Conditions of

Sale.

J. S. MACLAREN,

District Officer, Southern District

DISTRICT Office, South.

No. S. 115.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of April, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,400 on each lot.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Tsun Wan Demarcation District

No. 355 Lot No. 259.

Lot No. 261.

Chai Wan Kok.

ன்

Annual

Contents in

Upset Price.

Crown

Rent.

Square feet.

1,200

24th March, 1932.

1,200

Subject to readjustment as provided by the Conditions of

Sale.

J. S. MACLAREN,

District Officer, Southern District.

322

PUBLIC WORKS DEPARTMENT.

No S. 116.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Pier east of Eastern Street", will be received at the Colonial Secretary's Office until Noon of Monday, the Ilth day of April, 1932, for the occupation for a period commencing from the notification of acceptance of tender and ending on 31st December, 1932, of a pier as shown coloured red on a plan signed by the Director of Public Works and dated 16th March, 1932, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset monthly fee $200.

　　　　Each tender must be accompanied by a receipt to the effect that the sum of $250 has been deposited into the Colonial Treasury, which sum shall be forfeited to the Crown in the event of the accepted tenderer refusing to carry out the terms of his tender.

The deposits of the unsuccessful tenderers will be returned to them.

　　　　Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

24th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

工程司杷

S憲示第一百一十六號

細章程及投票格式可來署詢取所投之票價格低昂任由政府棄取或充公如一投票者已允准後其餘不入選者之保証金行將發還欲知詳取回收條以爲保証金如投票允准後投得者不遵章辦理則將保証金取每月底價二百圓又凡欲投票者湏先往庫務司署繳銀二百五十圓圖則内填紅色處指明之投得之人湏遵照章程辦理該章程可來署詢百卅二年十二月卅一日止經於本年三月十六日由本司署名所繪之午以前寄至布政司署碼頭之批期由通告投票允准之日起至一千九明係票投承租東邊街東便碼頭字樣於本年四月十一日星期一日正佈告事照得現招人投票承租碼頭如欲投票者湏繕票三張其封面號

總棄不取此佈

一千九百卅二年

月

二十四日

篇

九正

}

323

PUBLIC WORKS DEPARTMENT.

　No. S. 117. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 11th day of April, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

Registry No.

Locality.

Annual

Sale.

in Sq. feet.

Upset

Rent. Price.

feet.

feet. feet. [feet.

New Kowloon

Prince Edward Road, Kowloon City.

As per sale plan.

About

9,250

106

13,875

Inland Lot

No. 1814.

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

24th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 118.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 11th day of April, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

ลง

Contents in Sq. feet.

Annual

Upset

Rent. Price.

feet. feet. feet.

feet.

New Kowloon Inland Lot No. 1820.

West of New Kowloon

As per sale plan.

About

29,600 340

14,800

Inland Lots

Nos. 830 and 831,

Kowloon Tong.

　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

24th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 2 of 1932.

Notice of Adjudication.

Re Kong Kwai Ting of No. 10. Wo Fung Street, ground floor), Victoria, in the Colony of Hong Kong carrying on business as Building Contractor under the style or firm name of Kwong Hing Firm.

THE above-named Kong Kwai Tine trading as Kwong Hing firm was adjudicated Bankrupt on the 19th day of March, 1932.

Dated the 24th day of March, 1932.

E. L. AGASSIZ,

Official Receiver

327

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Frederick James Hugh Waller late of Lahore Cantonments Punjab in India, a Major in His Majesty's Royal Engineer, Deceased, Intestaste.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 19th day of March, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Administrator,

Prince's Building, Ice House Street, Hong Kong.

(FILE No. 71 of 1932) TRADE MARKS ORDINANCE, 1909.::

Application for Registration of Two Trade Marks,

OTICE is hereby given that the Asahi Match Company, Limited, of Japan, a Company registered under the laws of Japan, have on the 26th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

SAFETY MATCH

REGISTERED TRADE MARK

(2)

BEST SAFETY MATCH

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 3 of 1932.

Notice of Adjudication and Appointment of Trustee.

Re Charles Maria Soares of No. 27, Jordon Road in the Dependency of Kowloon in the Colony of Hong Kong, Accountant.

HE above-named Charles Maria Scares was adjudicated Bankrupt on the 19th day of March, 1932, and the Official Receiver was appointed Trustee of the Estate of the bank- rupt.

Dated the 24th day of March, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 18 of 1931.

Re. The Man Wo Hong and Pun Pik Luen alias Pun Ka Kit and Au Yueng Tik Kam partners thereof.

Exparte. The Po Yuen Bank.

OTICE is hereby given that by an Order of the Court dated the 19th March,

1932:-

(1) The Petitioning Creditors the Po Yuen Bank were permitted to withdraw their Petition.

(2) The Receiving Order made herein dated the 15th December, 1931, was rescinded.

The goods in the hands of the Official Receiver were ordered to be handed back to the Solicitors for the Debtors, and,

(4) The Official Receiver was ordered to keep in his hands the balance of the assets and goods after payment of all costs fees and expenses, for one month from the date hereof and at the ex- piration of such month to hand over such balance and goods to the Solici- tors for the Debtors.

Dated the 23rd day of March, 1932.

LO AND LO, Solicitors for the Petitioning Creditors.

(FILE No. 20 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that J. Van Renswoud & Son Limited, of No. 32, Foster Laue, London, E.C., have, on the 13th day of January, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

MANGO

in the name of the said J. Van Renswoud & Son Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Vegetable edible products, edible oils and fats ant margarine excluding mangu, chutney, curry paste, curry powder, p ckle preserves and other Indian condiments), in Class 42.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

ASAHI MATCH CO.LTD.

as a series of Marks and associated with each other, in the name of the said Asahi Match Company, Limited, who claim to be the pro- prietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of matches in Class 47 since

1931.

Dated the 25th day of March, 1932.

THE TAI TUNG MATCH

COMPANY, LIMITED, Agents for the Applicants, Asiatic Building, Hong Kong.

(FILE No. 16 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that The Monkgland (Registered) Wine Company, Limited. of King's Building, Victoria, in the Colony of Hong Kong, have on the 7th day of January,. 1932, applied for the registration in Hong Kong, of the accompanying Trade Mark :-

MANGELND

(FEGITRADE MARK)

in the name of the said Monkgland (Registered) Wine Company, Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Chemical sub- stances prepared for use in medicine and pharmacy in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of January, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

ד'

2, Queen's Road Central,

Hong Kong.

(FILE NO. 21 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

328

(FILE NO. 53 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Oita Cement

(FILE No. 54 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

FOTICE is hereby given that Tai Sun Company, Limited, of No. 1550, Oita OTICE is hereby given that Onoda Cement

Knitting Factory of No. 27, Tung Choi Street, Mongkok, Kowloon, Knitting Manulac- turers, have on the 25th day of January, 1932, applied for registration in Hongong, in the Register of Trade Marks, of the following Trade Mark :-

TAI SUN KNITTING FACTORY

廠達織新大

Oitashi Oitaken, Japan, have on the 23rd day of January, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :--

PORTLA

CEMENT

Company, Limited, of No. 6276, Onodacho Asagun Yamaguchiken, Japan, have on the 23rd day of January, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

TLAND

REGISTERED

CEMENT.

SILK WORM

BRAND

in the name of Tai Sun Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the applicants in respect of Singlets and hosiery in Clas- 38.

A presentation of the Trade Mark is deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 24th day of February, 1932.

TAI SUN KNITTING FACTORY,

Nos. 27, Tung Choi Street, Mongkok, Kowloon,

Hong Kong, Applicants.

(FILES No. 422 OF 1931 AND 47 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Chung Shan

(1)

牌蛇

( 2 )

TOT

CHUNG SHAN

SAKURA

CHERRY BRAND GEMENT MADEIN JJAPAN

OITA CEMEN

CONTENT

CO. LTD., JAPAN

in the name of the said Oita Cement Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Portland and other calcareous Cement

in Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 52 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hauff-Leonar Aktiengesellschaft, of Wandsbek, Germany, have on the 12th day of February, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

METOL

POR

TRADE MARK

ONODA

in the name of the said Onoda Cement Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Portland and other calcareous Cement in

Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Ilong Kong.

(FILE No. 30 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTIC

́OTICE is hereby given that C. M. Brooke & Sons of Whiteman Street, South Melbourne, in the State of Victoria, Common- wealth of Autralia, have, by an application dated the 1st day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(3)

美杜

LEMOS

牌山鐘

　　　　　in the name of Chung Shan Knitting Company, Limited, who claim to be the proprietors there- of.

Dated the 24th day of February, 1932.

CHUNG SHAN KNITTING CO., LTD.,

No. 48, Causeway Bay Road,

Hong Kong, Applicants.

in the name of Hauff-Leonar Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Chemical substances used in manufac- tures, photography or philosophical research and anti-corrosives in Class

The said Trade Mark is to be associated with Trade Mark No. 67 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of February, 1932.

DEACONS,

Sot citors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of the said C. M. Brooke & Sons who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of :-

Lemon Squash, lemon syrup, lemon jelly, lemon crystal, lemon juice, lemon butter, lemon peel, lemon cheese and e sences (non alcoholic) in Class 42 since 1927.

The Applicants disclaim the right to the exclusive use of the words "Brooke's Lemos and the representation of a bottle.

Dated the 26th day of February, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and agents for the Applicants, St. George's Building,

Hong Kong.

(FILE No. 427 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Bradford

Street, Bradford, Yorkshire, England, an As- sociation of Dyers and Finishers, have on the 6th day of November, 1931, applied for the registation in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"RIGMEL" BRAND

B.D.A.

329

(FILE NO. 274 of 1931) ́ ́ TRADE MARKS ORDINANCE, 1909.

Appllication for Registraion of a Trade Mark.

(FILE No. 9 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that W. F. Young

OTICE is hereby given that The Middle-N NOTIC

MIDDL

WITCH

阿

in the name of The Bradford Dyers' Associa- tion, Limited, who claim to be the sole pro- prietors thereof.

　　　　The Trade Mark has been used by the Ap- plicants in respect of :-

Cotton Piece Goods in Class 24.

　　　　　The said Trade Mark is to be associated with Trade Marks Nos. 226 of 1919 and 6 of 1922.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 15 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that William

Meyerink and Company of 12, Pedder Street, Victoria, in the Colony of Hong Kong, have, on the 12th day of January, 1932, applied for the registration in Hong Kong, in the

MIDDLEWICH

SALT CO LTD

ENGLAND

MIDDLEWICH

in the name of The Middlewich Salt Company, Limited, who claim to be the sole proprie tors thereof.

The Trade Mark has been used by the Ap- plicants in respect of substances used as food or as ingredients in food in Class 42.

The Applicants disclaim the right to the exclusive use of the words "Middle Witch' appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central.

Hong Kong.

(FILE NO. 429 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Mark :-

in the name of William Meyerink and Company, who claim to be the sole proprietors thereof.

　　　　The Trade Mark has been used by the Applicants in Class 35 in respect of :-

Woollen and worsted and hair goods not

included in Class 33 and 34.

　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

Hollins & Company, Limited, of Castle Boulevard. Nottingham, Nottinghamshire, Eng- land, Woollen and worsted spinners, have on the 10th day of October, 1931, applied for the registration in Hong Kong. in the Register of Trade Marks of the following Trade Mark:

DAY &

MOLLINI

NIGHT

WEAR

* GO. UMITEDS

in the name of William Hollins & Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicats in respect of :-

Cloths and stuffs of wool, worsted or hair in Class 34 and in respect of Articles of Clothing in Class 38.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of January, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

平

脚

Fax

in the name of the said W. F. Young Inc., who claim to be the proprietors thereof.

The above Mark is intended to be used by the Applicants in respect of Antiseptic toilet soap in Class 3.

The Applicants disclaim the right to the exclusive

use of the Chinese characters

(脚癬藥水)

Dated the 22nd day of January, 1932.

GEO, K. HALL BRUTTON & CO.,

Solicitors and Agents for the Applicants.

(FILE No. 13 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Pro-phy-

lac-tic Brush Company of Florence Station, Northampton, County of Hampshire, State of Massachusetts, U.S.A., have by an application dated the 13th day of October, 1931, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

MASSO

in the name of the said Pro-phy-lac-tic Brush Company, who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of Tooth Brushes in Class 50 since 1928.

The above mark is associated with Trade Mark No. 18 of 1929.

Dated the 22nd day of January, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the

Amlan

330

(FILE No. 17 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that Kelly

Brothers Manufacturing Factory of No. 26. Main Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have, on the 13th day of January, 1932, aplied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

KELLY BROS.

MFG. FACTORY

(FILE No. 51 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Lee

Shing & Co, of No. 85, Des. Vœux Road Central, Victoria in the Colony of Hong Kong, have on the 12th day of February, 1932, app ied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark:-

LIGHTNING BRAND

KELLY

BROS

ATHLET

FACTORY

BRAND

MANUFA

in the name of Kelly Brothers Manufacturing Factory, who claim to be the proprietors there- of.

The above Marks have not hitherto been used but are intended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38.

The Applicants disclaim the right to the exclusive use of the Representation of the Bath-

"Athlet ing Costume, on the figure in the Mark.

Datad the 29th of January, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

(FILE NO. 349 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Stanco In- corporated, Wilmington, Delaware,

United States of America, Refiners and Marketers of Petroleum Specialty Products, have on the 12th. day of October 1931, applied

for registration, in Hong Kong, in the Register

of Trade marks. of the following Trade Mark :-

DEENAX

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

Trade Mark has been used by the Applicants since 27th. April, 1931, in respect of the follow- ing goods:

"Denaturants to make ethyl alcohol unsuitable for internal use, in Class 3.

Dated the 29th day of January, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

in the name of The Lee Shing & Co., who claim to be the proprietors thereof.

The above Trade Mark is intended to be used by the applicants forthwith in Class 38 in respect of :-

Shirts, Neckwear, Hats, Stockings, Sing- lets, Towels, flanderchiefs, l'yjamas, Scarfs, and all articles of clothing. Facsimile of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also at the under- signed.

It is hereby stated that the applicants dis- claim the right to the exclusive use of the letters EE E" appearing on the Mark.

Dated the 26th day of February, 1932.

LEO D'ALMADA E CASTRO, Solicitor for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

(FILE NO. 435 of 1932) HONG KONG TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that China Agri- cultural Development Co., Ltd., of No. 8, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, have, on the 23rd Decem- ber, 1931, applied for registration, in Hong Kong, of the accompanying Trade Mark :-

料

利勝

標商

完美

册注

in the name of the said China Agricultural

Development Co., Ltd., who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of :-

Artificial manure and vermin destroyers

in Class 2.

The application is limited to the colour shown on the Mark and to the use of the flag as it is shown thereon.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of January, 1931.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

V Boxarnment

{

332

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 119.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Amoy.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Shanghai.

Do.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

1st April, 1932.

Authority.

Notification No. 798 of 17th December,

1931.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification

No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 120.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

and members of crews of vessels All passengers

entering Philippine ports on vessels from Hong Kong will be required to be vaccinated against small-pox before arrival in the Philippines or to present to the quarantine authorities at the port of entry satisfactory evidence of vaccination within one year.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

Port Swettenham

(F.M.S.)

8th March, 1932

No. S. 98.

ד •

7000

W. T. SOUTHORN,

Colonial Secretary.

333

COLONIAL SECRETARY'S DEPARTMENT.

　No. S. 121.-The following names of successful tenderers are notified for general information :-

Government Notification.

Particulars.

Firms.

S. 51 of 5.2.32.

S. 65 of 12.2.32.

S. 75 of 16.2.32.

S. 76 of 19.2.32.

S. 77 of 18.2.32.

Tender for Quarry near So Kun Wat, New

Territories.

Tender for permission to obtain clay from a parcel of Crown Land at Lung Kwo Tan in D.D. 138, N.T.

Tender for repairs to Steam Launch G.P.O.

Tender for Kowloon Quarry Lot No. 16.

Tender for the reconstruction of Aberdeen

Lower Dam.

Mr. Ma Yiu Ting.

Mr. Lam Chi.

Messrs. The South China Motorship Building and Repairing Works, Ltd.

Mr. Tsang Mau Chu.

Messrs. Kin Lee &

Co.

1st April, 1932.

　No. S. 122.-Government Notification No. S. 114 hereby cancelled and the following substituted therefor :-

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

dated 24th March, 1932, is

　It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of April, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Garden Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931 and Special Condition No. 1 (a) and (b).

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Upset

Crown

Square feet.

Price.

Rent.

Tsun Wan

Demarcation District

No. 355.

Lot No. 260.

Lot No. 262.

1st April, 1932.

Chai Wan Kok.

€

2,450

.10

2,450

.10

Subject to

readjustment as

provided by the Conditions of

Sale.

J. S. MACLAREN,

District Officer, Southern District.

334

NOTICE TO MARINERS.

No. S. 123.

No. 25 of 1932.

As from Sunset to-day the colour of the light at Siu Chau Wan on the North side of Lei u mun (Lyemun) pass will be green instead of red.

Hong Kong, 1st April, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 103.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of April, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

No. of

Registry No.

Locality.

Sale.

sq. feet.

Annual Upset Rental.

Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot

Waterloo Road.

As per sale plan.

25,350

290

19,013

No. 2819..

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

18th March, 1932.

HAROLD T. CREASY,

Director of Public Works.

NOT

338

TO ALL TO WHOM IT MAY CONCERN.

OTICE is hereby given that the COUNCIL OF ST. STEPHEN'S COLLEGE, HONG KONG, intend at an early date to apply to the Legislative Council of the Colony of Hong Kong for the enactment of a Bill intituled "An Ordinance to provide for the incorporation of St. Stephen's College".

A Copy of the proposed Bill is printed hereunder.

Dated this 30th day of March, 1932.

TS'O & HODGSON, Solicitors for the

ST. STEPHEN'S COLLEGE, HONG KONG.

A BILL

INTITULED

[No. 8:-11.3.32.-4.]

An Ordinance to provide for the incorporation of St. Stephen's

College.

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 Short title. College Incorporation Ordinance, 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 shall 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.

Appointment of Warden.

Appointment of Members of Council.

Powers of Corporation.

Execution of documents.

Vesting of Property.

339

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.

3.-(1) The Warden shall be appointed and may be 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.

(2) For the purpose of the nomination mentioned in Section 2 (c) and (d), a copy of a Minute of the local 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 which the College was originally founded-namely, of offer- 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, 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

340

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.

to make

7.-(1) The Council may by resolution passed by the Fower majority of the Council from time to time make such regula- regulations. 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.

8. Nothing in this Ordinance shall affect or be deemed Saving of the rights 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- other ance and those claiming by from or under them.

of certain

persons.

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.

341

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.

(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 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.

342

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.

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.

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.

343

Objects and Reasons.

1. This Bill is framed upon the lines which are usual in the case of institutions desiring to be converted into corporate bodies for convenience in dealing with their property and funds.

2. Clause 1 gives the short title.

3. Clause 2, which is founded upon the provisions of the document laid down by the Founders of St. Stephen's College, when it first started, states the constitution of the Council of the College and provides for the filing of the names of Members of Council with the Registrar of Companies, and for the incorporation of the Council of the College under the name of "St. Stephen's College" and includes the usual power to sue and liability to be sued and the right to use a Common Seal.

4. Clause 3 provides for the mode of appointment of the Warden and Members of Council while clauses 4 and 5 set out respectively the powers of the Corporation and the execution of deeds and documents by the Corporation.

5. Clause 6 provides for the vesting in the Corporation of properties already vested in the Council or Trustees and for the taking over by the Corporation of all existing debts and liabilities of the Council or Trustees on the coming into operation of this Ordinance.

Council to make same with the exercise of such schedule of this

6. Clause 7 of the Bill empowers the regulations and provides for the filing of Registrar of Companies. Subject to the powers the regulations contained in the Ordinance shall be in force from the commencement of this Ordinance and shall be deemed to have been made under this Ordinance.

7. Clause 8 is the usual saving clause of the rights of the Crown and of certain other persons.

NOT

TO ALL TO WHOM IT MAY CONCERN.

OTICE is hereby given that the DIRECTORS OF THE CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION OF HONG KONG intends at an early date to apply to the Legislative Council of the Colony of Hong Kong for the enactment 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".

A Copy of the proposed Bill is printed hereunder.

Dated this 30th day of March, 1932.

TS'O & HODGSON,

Solicitors for the

CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION OF HONG KONG.

[No. 7:-17.3.32.-4.]

Directors of

A BILL

INTITULED

An Ordinance to provide for the incorporation of the

the Chinese the Chinese Young Men's

　　　　　　　　Young Men's Christian Association of Hong Kong.

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-

pretation. tution of the Chinese Young Men's Christian Association of 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 (1) Cheuk Yan Ko (A) Cheung Po Shu (E) Kwok Pui Cheung () Lam Tsz Fung (林子豐) Ngan Kwan Yu (顏君裕) Wan Iu Shing (尹耀聲) Wong Kwok Shuen (王國) Wong Mann Kwong (E) Wong Oi Tong (E) Wong Sum Kan (U) Yip Tai Ching () Ngan Shing Kwan () Kaan Tat Choi (M) and Ma Man Fai (馬文輝).

Powers of corporation.

Execution of documents.

Internal

manage- ment.

Saving of the rights of the

Crown and of certain other

persons.

345

(3) Subsequent directors, whether appointed in immediate succession to any of the first directors or not, shall be appointed in accordance with the constitution, and shall for the time being be deemed to be successors in office of the first directors and to be 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.

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."

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.

346

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 e 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.

(b) To adopt a general programme for the Asso- ciation.

(d) To amend, when necessary, the powers and duties of the Board of Directors.

་་

347

(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. 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 obiects and purposes of the Asso- ciation, as set out in Section 2 of this Constitution.

(b) To execute the decisions of the Association.

(d) To adopt measures for the extension of the Asso- ciation.

(e) To adopt a budget and supervise the finances of the Association.

348

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.

(1) To act as Trustees of the Association in the holding of real and other immovable property.

(5) 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.

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.

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.

349

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.

Objects and Reasons!

1. The Chinese Young Men's Christian Association in Hong Kong was formed in 1901 under the management of the Directors of the Association with the object of promoting the formation of Christian character and the cultivation of Christian spirit of service among Chinese young men.

2. As the Association developed the directors obtained from the Government the grant of two several pieces of land respectively registered in the Land Office as Inland Lot No. 1757 and Inland Lot No. 2048 upon which the present Chinese Young Men's Christian Association Building at Bridges Street now stands.

3. These two lots of land are held by the International Committee of Young Men's Christian Associations as Trustees for the Chinese Branch of the Young Men's Christian Asso- ciation of Hong Kong and this committee has signified its desire to hand over these properties to the local Directors when they are incorporated as a corporation.

4. In order to secure perpetual succession it is proposed that the Directors of the Chinese Young Men's Christian Association shall be incorporated as a Corporation sole under the management of the Directors and the Bill now proposed follows in its main lines other incorporating Ordinances which have been passed from time to time.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 15 of 1931.

Notice of Adjudication and Appointment of Trustee.

Re The Tak Heung Firm of No. 94, Queen's Road West, Victoria in the Colony of Hong Kong, Confectionery biscuits dealers.

HE above-named Tak Heung Firm was ad-

December, 1931, and Mr. Chow Lin of No. 286, Queen's Road West was appointed Trustee of the Estate of the Bankrupt.

Dated the 1st day of April, 1932.

E. L. AGASSIZ,

350

(FILE NO. 371 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Standard Laboratories, Inc., of 113 West 18th Street, New York, United States of America, Manufacturers, have on the 27th day of February, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:---

Stace

出な

Official Receiver

Makes

obstinate hair stay-

embed. Prevents briti tleness. Keeps hair soft and lustrous. Bringe hair back to natural stafe after shampooing ideal for pempe dours. Also excellent for women'

h; wtersham3ooing, siding i in curling and waving, and for restering fusier to hair after

- permanent maring, Not Sticky Not Gummy,

(FILE No. 91 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that David Fong Wong (I) of No. 69, Shan-

tung Street, Mongkok in the Dependency of Kowloon in the Colony of Hong Kong, has on the 18th day of March, 1932. applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

in the name of the said David Fong Wong, who

claims to be the sole proprietor thereof.

The above Trade Marks have not hi herto been used but are intended to be used forthwith by the applicants in Class 38 in respect of cotton and artificial silk singlets.

Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO.,

Solicitors for the Applicant,

Pedder Building,

Hong Kong.

HISTE

דדון

ア

STACOMB

ר ח

כטר

STANDARD LABORATORIES, INC. NEW YORK-ST. LOUIS-LOS ANGELES.'-

in the name of Standard Laboratories Inc., who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of:-

Pomades for the hair, Toilet Articles preparatious for the teeth

and hair, perfumery and perfumed soap in Class 48.

A facsimile f such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1931.

(FILE No. 80 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that William R. Warner & Co., Inc., of 113 West 18th Street, City and State of New York, United States of America, have, on the 18th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks o the following Trade Mark :--

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 89 of 1932)

• TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of Frankfurt on Main, Germany, Manufacturers, have on the 16th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

Cal-Bis-Ma Atebrin

in the name of William R. Warner & Co., Inc., who claim to be the sole proprietors thereof

The Trade Mark has been used by the Ap plicants in respect of medicines and pharmaceu- tical preparations in Class 3.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trale Mark- of Hong Kong and of the unders gued.

Dated the 1st day of April, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

in the name of I. G. Farbenindustrie Aktien- resell chaft who claim to be the sole pro- prietors thereof.

The Tra le Wark has not hitherto been used by the Applica ts but it is their intention to use same for hwith in respect of :-

Chemical substances prepared for use in medicine and pharmacy in Class 3. A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks of

Hong Kong and of the undersigned.

Dated the 1st day of April, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 87 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Central Trading Company of No. 6, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 15th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

牌中红

中

ROLLEDOATS

行洋原中

in the name of The Central Trading Company,

who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food. The Applicants disclaim the right to the exclusive use of the words "Rolled oats."

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st of April, 1932.

RUSS & CO., Solicitors for the Applicants, 6, Des Voeux Rood Central, Hong Kong.

(FILE No. 81 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark

OTICE is hereby given that The Victoria Battery Company of No. 187, Wing Lok Street, Victoria, in the Colony of Hong kong, on the 8th day of March, 1932, applied for the registration in Hong Kong in the Registrar of Trade Marks, of the following Trade Mark :-

505

VICTORY

TRADE MARK REGISTERTO UNIT CALL

FOR FLASHLIGHT

MANUFACTURED BY VICTORIA BATTERY CO.

VICTORIA CITY THE SOLE IMPORTER

MAN CHOON SIANG

SIANG Co

BANGKOK BAM.

in the name of the said Victoria Battery Com- pany, who claim to be the proprietors thereof.

　　　　　The Trade Mark is intended to be used by the Applicants in respect of Electric Flash- lights Batteries in Class 8.

The Applicants disclaim the right to the ex-

clusive use of all the words and figures with

the excep ion of "Victory " and the firm's name

and address.

Facsimiles of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

and also at the office of the undersigned.

•

Dated the 1st day of April, 1932.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Vœux Road Central,

Hong Kong.

351

(FILE No. 68 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

John

(FILE No. 50 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

is hereby given that Elevator

OTICE is hereby given that Messrs. Road NOTICE pany, a Corporation duly organized

Central, Mercantile Bank Building, Victoria in the Colony of Hong Kong, have applied on the 27th day of February, 1932, to the Registrar of Trade Marks, for the registration in Hong Kong, of the following Trade Mark :-

DRAGON 42

BRAND

in the name of Messrs. John Manners & Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by applicants forthwith in Class 50 in respect of Cord, cordage, plaits (not of metal).

Facsimile of the above Mark can be seen at the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 1st day of April, 1932.

JOHN MANNERS & CO., LTD., Applicants.

(FILE NO. 85 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Himly Limited of No. 32, Connaught Road Central, Victoria, Hong Kong, Export and Import Merchants, have, on the 12th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

ME CL O

美加露

in the name of The Himly Limited, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by The Himly Limited, but it is their intention so to use it forthwith in respect of Malted Cod Liver Oil in Class 3 and Substances used as food or as ingredients in food in Class 42.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the under- signed.

Dated the 1st day of April, 1932.

THE HIMLY LIMITED, Applicants,

No. 32, Connaught Road Central, Hong Kong.

告廣正更

公司增加新股

茲查大陸眼鏡

更照

余天正常罷方

礪德

辦仍同各

吾堂

理由

特原取未

此人銷得股鏡

and existing under the laws of the State of Maine, doing business at 260 Eleventh Avenue, in the City, County and State of New York, United States of America, have on the 10th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

OTIS

(2)

in the name of Otis Elevator Company, who claim to be the proprietors thereof.

Trade Mark No. 1 has been used by the Ap-

plicants since 1st. January, 1890 and Trade Mark No. 2 has been used by the Applicants since 1st. August, 1922, both in respect of the following goods :

Lifts, elevators, moving stairways, end- less carriers, inclined railways, blaste-furnace hoists, gravity spiral conveyors and accessories and parts for any of the above goods and machinary of all kinds and parts of machinary except agricultural and horticultural machines and their parts, in Class 6.

The two Marks are associated with each other.

Dated the 4th day of March, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

CARBO

LINEUN

(FILE No. 414 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

隆泰怡

352

(FILE No. 12 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs. Melchers & Co., Importers & Exporters, No. 3, Chater Road, Queen's Building, Victoria, in the Colony of Hong Kong, have applied on the 11th day of December, 1931, to the Re- gistrar of Trade Marks for the registration, in Hong Kong, of the following Trade Mark:-

商德

(FILE No. 12 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs.

各種

蝦國產

自製甲

美最

TRADE

MARK

YEE TAI LONG

PRESERVED ALL

KIND FRUITS

in the name of Yee Tai Long, who claim to be the proprietors thereof.

Such Trade Mark has not hitherto been used but it is the intention of the Yee Tai Long to use it forthwith in respect of :-

　　　　　　　　　　Preserved fruits in Class 42. Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 5th day of February, 1932.

YEE TAI LONG

No. 9, Queen's Road West,

(First Floor),

Hong Kong, Applicants.

FILE No. 25 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for liegistration of a Trade Mark.

OTICE is hereby given that the Chinese

NOTIC

Foreign Knitting Company of China

Limited of No. 93, Wing Lok Street, Victoria, Hong Kong, have, ou the 28th day of January, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :---

　　　　in the name of the said Chinese Foreign Knitting Co., of China Ltd., who claim to be the proprietors thereof.

記祸雀孔

SOLE IMPORTERS

CHERS

HONGKONG & CHINA

行

in the name of Messrs. Melchers & Co., who claim to be the proprietors thereof.

　　　　　The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Articles of Clothing in Class 38.

Dated the 5th day of February, 1932.

The Trade Mark has been used by the Ap- plicants in Class 50 in respect of Glass Paper and Emery Cloth.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

Facsimile of the above Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of January, 1932.

MELCHERS & CO., Applicants.

(FILE NO. 431 of 1931)

TRADE MARKS ÖRDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Nam

King Factory of No. 290, Sai Wan Ho, in the Colony of Hong Kong, have, on the 22nd day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz : -

JAMIO NO

TRAD

FAC

TORY

in the name of the said Nam King Factory, who claim to be the proprietors thereof.

The above Trade Mark is to be used by the Applicants in respect of :-

QUENARIUS

in the name of Messrs. Melchers & Co., and on behalf of Messrs. R. Avenarius & Co., of Stuttgart, Germany, who claim to be the pro- prietors thereof.

Electric torch-lights in Class 8. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 5th day of February, 1932.

THE NAM KING FACTORY,

No. 290, Sai Wan Ho, Hong Kong,

Applicants.

The Trade Mark has been used by the Ap- plicants in Class I in respect of :-

Wood preservative paint, since 1890. Facsimile of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigue.

Dated the 5th day of February, 1932.

MELCHERS & CO.,

AGENTS FOR MESSRS. R. AVENARIUS & Co.

Applicants.

(FILE NO. 14 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that The Asiatic Petroleum Company, South China) Limited, a Company incorporated in England and having its principal place of business at St. Helen's Court, Great St. Helen's, London, have, on the 5th January, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

MEXPHALTE

in the name of the said The Asiatic Petroleum Co., South China) Ltd., who claim to be the proprietors thereof,

Dated the 5th day of January, 1932.

FOR THE ASIATIC PETROLEUM CO., (S. C.) LTD.,

W. H. BELL,

Attorney.

353

(FILE No. 1 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Dunlop

DUNLOP

in the name of the said Dunlop Rubber Com- pany, Limited, who claim to be the proprietors

thereof.

The Trade Mark has been used by the Applicants in respect of the following goods respectively, in the following classes respec- tively, viz:-

Rubber Footwear in Class 38 and Golf

and Tennis Balls in Class 49.

Dated the 5th day of February, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 49 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

(FILE NO. 250 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is giveson Road, Victoria,

OTICE is hereby given that Ho Brothers

Hong Kong, have, on the 16th day of July, Kong, in the Register of Trade Marks of the 1931, applied for the registration in Hong following Trade Mark :-

HOVITZE

in the name of the said Ho Brothers, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants for the four years last past in respect of perfumery and toilet articles in class 48.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building,

Hong Kong.

(FILE No. 65 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Hop Wo Loong Firm of No. 172, Portland Street, Kowloon, Hong Kong, Manufactures of Wooden Casks, have on the 19th day of February, 1932,

NOTICE is hereby, given that Proprietary applied for the registration in Hong Kong, in

Agencies. Limited, of No. 179 to 181 Acton Vale, London, W., England, Manufac- turers and Merchants, have on the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

MILK OF MAGNESIA

in the name of Proprietary Agencies, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of a medicinal preparation of magnesia for human use as a stoma hic, and also as a tooth and mouth wash in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned. Dated the 4th day of March, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Vœux Road Central,

Hong Kong.

the Registrar of Trade Marks, of the following Trade Mark :-

HOP

TRIANGLE

W.O

BRAND

LOONG

CASK S

in the name of Hop Wo Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Wooden Casks in Class 50.

The applicants disclaim the right to the exclusive use of the words 66

Hop Wo Loong." Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 4th day of March, 1932.

HOP WO LOONG FIRM, Applicants.

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

356

LEGISLATIVE COUNCIL.

No. S. 124. The following Bill was read a first time at a meeting of the Council held on the 7th April, 1932:-

C.S.O. 3152/26

A BILL

[No. 11-5.3.31.-1.]

Short title.

Amendment

No. 1 of

INTITULED

An Ordinance to amend further the Medical Registration

Ordinance, 1884.

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 Medical Regis- tration Amendment Ordinance, 1932.

1884, s. 10.

Ordinance No. 5 of 1928.

(5) The Board may make Standing Orders for regulating the procedure at, and in connection with, its meetings.

Objects and Reasons.

March, 1932:

C. G. ALABASTER,

Attorney General.

357

Draft Bills.

No. S. 125.-The following bills are published for genera information :-

C.S.O. 1 in 4922/31.

A BILL

[No. 12-1.3.32.-1.]

INTITULED

An Ordinance to amend the Vaccination Ordinance, 1923.

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 Short title. Amendment Ordinance, 1932.

2. The words "Registrar of Births and Deaths" are Amend- substituted for the words "Head of the Sanitary Department" wherever they occur in sections 22, 23 and 24 of Vaccination Ordinance, 1923.

the

ment of No. 12 of

Ordinance

1923, ss. 22, 23 and 24.

Objects and Reasons.

The Head of the Sanitary Department ceased to be Registrar of Births and Deaths under section 3 (2) of the Births and Deaths Registration Ordinance (No. 7 of 1896) when that Ordinance was amended by Ordinance No. 26 of 1931. This Ordinance makes consequential amendments in the Vaccination Ordinance, 1923.

March, 1932.

C. G. ALABASTER,

Attorney General.

358

[No. 15-17.3.32.-1]

C.S.O. 3 in 4299/31.

Short title.

Amend- ment of Ordinance No. 36 of 1931.

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- 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).

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.

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.

C. G. ALABASTER,

Attorney General.

March, 1932.

359

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 126.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st March, 1932, as certified by the Managers of the respective Banks :-

BANKS.

Chartered Bank of India, Australia and China Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

TOTAL

AVERAGE AMOUNT.

SPECIE IN RESERVE.

21,741,067

8,300,000*

130,670,629 | 112,000,000†

3,251,993

1,350,000§

155,663,689 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,443,700.

† In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

8th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 127.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

8th April, 1932.

1001-101

W. T. SOUTHorn,

Colonial Secretary.

360

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 128.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox

Restriction in Force.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

8th April, 1932.

Authority.

Notification No. 5 of

8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 129.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

4 {

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

must

Inspections outside the ports from 1st April.

Steerage passengers

　　　　comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

Port Swettenham

(F.M.S.)

8th March, 1932.

No. S. 98.

8th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 130.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 31st March, 1932.

Title of Book.

Language in which it is

written.

Name of

Author,

Translator,

Place

Subject.

Editor.

Printing

and

Place of

Publication.

Name or

Firm of

Printer and

Number

Name or

Date of

Issue from

the Press.

Sheets,

Leaves,

Size.

Number

Edition.

Firm of

Publisher.

Pages.

Number

Copies of

which the

Edition

consists.

Whether

Printed

Litho- is sold to graphed. the Public.

Price

at which

the Book

Name and

Residence of the Proprietor of the Copy-

right or any Portion of such

Dr. R. A. B.

Ponsonby

Fane.

29.1.32.

No. 1. Kyoto, Its History and Vicissitudes since its Founda- tion in 792 to 1868.

English

Dr. R. A. B. Ponsonby Fane LL.D.

History.

38,

Rumford

24.1.32.

D'Aguilar

Printing

463

pages.

912" ×

Second 750 Printed.

$12.50

Street.

Press.

No. 2.-Figures and Quotations

of Local and Other Stocks.

Do.

Ellis and

Edgar.

Figures and

Quotations of Local and

Do.

1.2.32.

pages.

Deiny

8vo.

Other

Stocks.

160

Do.

$1.00

...

Ellis & Edgar. 1.2.32.

No. 3.- Race Book 1932.

Do.

Hongkong Jockey Club.

List of

Entries.

5, Duddell

Street.

Noronha

& Co.

16.2.32.

530

pages.

Crown

8vo.

First. 1,500

Do.

$4.50

$3.50

Hong Kong

$2.50

Jockey Club. 17.2.32.

No 4.-Figures and Quotations of Local and Other Stocks.

1st April, 1932.

Do.

Ellis and

Edgar.

Figures and Quotations of Local and

38,

D'Aguilar

Street.

Rumford

Frinting

10.3.32.

pages.

Demy

8vo.

130

Do.

Press.

Other

Stocks.

$1.00

Ellis & Edgar. 11.3.32.

R. C. WILKINSON,

p. Secretary for Chinese Affairs.

361

362

GOVERNMENT LABORATORY.

　　　No. S. 131.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 31st March, 1932.

Description.

Butter

Milk (Fresh)

Number of samples.

Number found genuine.

Number found adulterated.

Lard.....

Sugar

Tea

Arrowroot

Bread

1st April, 1932.

E. R. Dovey,

Government Analyet.

PUBLIC WORKS DEPARtment.

　　　No. S. 132. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Public Bathing Shed on Crown Land at Repulse Bay", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of April, 1932. The tender is to contain the offer which the applicant is prepared to make for permission to erect a public bathing shed at the aforementioned beach in accordance with the conditions to be seen at the office of the Public Works Department.

Form of tender can be obtained upon application to the Public Works Department.

The Government does not bind itself to accept any tender.

HAROLD T. CREASY,

Director of Public Works.

8th April, 1932.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 133.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked Tender for Removal and re-erection of the Fire Sub-station, Wanchai", will be received at the Colonial Secretary's Office until Noon of Monday, the 25th day of April, 1932. The work consists of the removal of the existing Fire Station. Building and Drill tower and the re-erection on a site adjacent to the No. 2 Police Station, Wanchai.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th April, 1932.

HAROLD T. CREASY,

Director of Public Works,

363

PUBLIC WORKS DEPARTMENT.

　No. S. 134. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 25th day of April, 1932, at 3 p.m.

· Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

No. of

Annual Upset

Registry No.

Locality.

in Sq. feet.

Rent.

Price.

Sale.

feet.

feet. feet. feet.

About

Kowloon Inland Lot

Between Kowloon Inland Lots

As per sale plan.

912

2,736

No. 2827.

Nos. 2659 and 2631,

Ki Lung Street,

Tai Kok Tsui.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

8th April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No S. 116. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Pier east of Eastern Street", will be received at the Colonial Secretary's Office until Noon of Monday, the 11th day of April, 1932, for the occupation for a period commencing from the notification of acceptance of tender and ending on 31st December, 1932, of a pier as shown coloured red on a plan signed by the Director of Public Works and dated 16th March, 1932, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset monthly fee $200.

The deposits of the unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

TOY VE

24th March, 1932.

MAHAROLD T. CREASY, Oroka

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 12 of 1931.

Notice of Dividend Declared.

Re Yan Kwai trading as Yan Kwai Kee of No. 86, Temple Street South, (1st floor), Yaumati in the Depen- dency of Kowloon and Colony of Hong Kong, Contractor.

first and final dividend of $9.00 per cent

A has been declared in the above-matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid, on the 11th day of April, 1932, be- tween the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 8th day of April, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In The Goods of Ivar Molteberg late of Victoria in the Colony of Hong Kong, Marine Surveyor, deceased.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 6th day of April, 1932.

DEACONS,

Solicitors for the Administratrix, 1, Des Voeux Road Central, Hong Kong.

THE KWONG SHING CHEONG SANDALWOOD ASSOCIATION, LIMITED.

NOTICE is hereby given that an Extra-

　　　　　　　　ordinary General Meeting of the above- named Company will be held at the Company's registered office, Prince's Building, Victoria, in the Colony of Hong Kong on Saturday, the 16th day of April, 1932, at 12 o'clock noon for the purpose of considering, and if thought fit, passing as an Extraordinary Resolution, the resolution following, that is to say :-

"That it has been proved to the satis- faction of this Meeting that the Company cannot by reason of its liabilities continue its business, and that it is advisable to wind-up the same, and accordingly that the Company be wound-up voluntarily and that Mr. John Fleming, C.A., and Mr. Archibald Ritchie, C.A, both of Messrs. Lowe, Bingham & Matthews, of Mercantile Bank Building, Hong Kong, be and they are hereby appointed Liquidators, to act either jointly or severally for the purpose of such winding-up."

Dated the 8th day of April, 1932.

By Order of the Board.

LAU HON,

Asst. General Manager.

378

(FILE NO. 97 of 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

NOTICE is hereby given that Stanco Incor-

porated, of Wilmington, Delaware, United States of America, have on the 31st. day of March, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :---

(1)

Extane

(2)

TRI-RAD

in the name of Stanco Incorporated, who claim to be the Proprietors thereof.

Trade Mark No. 1 has been used by the Ap- plicants since 9th. September, 1931, in respect of the following goods :-

Chemicals, petroleums, abrasive and de- tergent materials, cleaners, and re- movers of spots and stains, in Class 47.

Trade Mark No. 2 has been used by the Ap- plicants since 23rd November, 1931, in respect of the following goods:-

Chemical preparations, anti-corrosives, leak stopping compounds, radiator cleaners, and rust preventives in Class 1.

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 254 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade-Mark.

NOTICE is hereby given that Godecke &

Veganin

in the name of Godecke & Co., Chem. Fabrik A.G., who claim to be the proprietors thereof.

The said Trade-Mark has been used by the Applicants since the 11th day of March, 1924, in respect of the following Goods :-

Remedies for man, Class 3.

Dated the 12th day of February, 1932.

REMFRY & SON,

PATENT AND TRADE-MARK ATTORNEYS,

21, Old Court House Street,

Calcutta.

(FILE No. 92 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Mount Vernon- Woodberry Mills, Incorporated, of Con- tinental Trust Building, Baltimore, Md, U.S.A.,. have on the 21st. day of March, 1932, applied for registration, in Hong Kong, in the Register of Trade marks, of the following Trade Mark :-

WOODBERRY-

U.S.ARMY DUCK

in the name of Mount Vernon-Woodberry Mills,. Incorporated, who claim to be the Proprietors. thereof.

The Trade Mark has been used by the Ap-- plicants since 1862, in respect of the following goods: -

Cotton Duck, in Class 24.

The Trade Mark is associated with Trade- Mark No. 147 of 1924, and the Applicants disclaim the right to the exclusive use of the Words "U. S. Army Duck."

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 95 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Chateau Cheese Company, Limited, a Corpora- tion organised and existing under the laws of the Dominion of Canada, located at Ottawa, Canada, Merchants, have on the 9th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Chateau

in the name of Chateau Cheese Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants, in respect of Cheese, dairy products, confectionery, foods and ingredients of foods in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks - of Hong Kong and of the undersigned.

Dated the 8th day of April, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

}

379

NOTIC

(FILE No. 24 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

TOTICE is hereby given that The Bakilly Company, Limited, whose registered office is situated at Nos. 153 and 155, Des Voeux Road Central, Hong Kong, have, on the 26th day of January, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Marks :-

(1)

(FILE No. 29 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Mark.

NOTICE is hereby given that Yu Lan Hong Kong, have, on the 1st day of February, Hing Firm of No. 4, Ko Shing Street,

1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

馨吉

記麗体喜雙

... B

Yukl

jeong

,helny

THE BAKILLY COLD

FACE CREAM

BEAUTHORS

SOUTENS

THE SEIN

Yeong

Sheung

THE BAKILLY CO..LD.,

YLK

YLONG SHEUNG

FACE CREAM

AN EXCELLENT

BAKE FOR

FACE POWDER

"AFFERME

THE BAKILLY'S HAIR,

DRESSING THAT

DRESSES THE HAIR EETTER

AND KEEPS

IT DRESSED

LONGER

ANY STYLE

牌

BAKILLY

(2)

MANUFACTURED BY

THE BAKILLY CO., LTD

HONG KONG & CANTON, CHINA

Hans

Dreving

(3)

SZONKKEZIE

固

(4)

in the name of Yu Lan Hing Firm, who claim to be the proprietors thereof.

Such Trade Mark has been used by Yu Lan Hing Firm in respect of Chinese Joss Sticks in Class 50 since the last 4 years.

Facsimiles of such Trade Mark can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

The applicants disclaim the right to the exclusive

use of the Chinese characters

(天吉馨)

Dated the 11th day of March, 1932.

YU LAN HING FIRM,

No. 4, Ko Shing Street,

Hong Kong, Applicants.

HOMES

Homes

PERFUMER

Jasel

Lotion

BAKILLY

CO, LTD

in the name of The Bakilly Company, Limited, who claim to be the pro- prietors thereof.

The above Trade Marks have been used by the applicants in Class 48

in respect of the following goods :-

Trade Marks No. 1 in respect of Face Cream. Trade Mark No. 2 in respect of Hair Dressing. Trade Marks Nos. 3 and 4 in respect of Hair Lotion.

re-

　　　　　　The applicants disclaim the right to the exclusive use of the words "Hair Dressing" on Trade Mark No. 2.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 11th day of March, 1932.

THE BAKILLY COMPANY LIMITED, Nos. 153 & 155, Des Voeux Road Central, Hong Kong, Applicants.

(FILE No. 23 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Leung Fook

NOTICE is

Street, in the Portuguese Colony of Macao, have, on the 22nd day of January, 1932, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade

Mark:

FOOR

MARK

TRADE

標商

in the name of Leung Fook Tai Firm, who claim to be the proprietors thereof.

The above Mark has been used by the said Firm in respect of Oyster and Shrimp Sauces in Class 42 for the last 25 years.

Dated the 12th day of February, 1932.

C. Y. KWAN, Solicitor for the Applicants, 44, Des Voeux Road Central,

Hong Kong.

382

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 135.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Small-pox..

Port or Place.

Restriction in Force.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

15th April, 1932.

Authority.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification

No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 136.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Straits Settlements.

Port Swettenham

(F.M.S.)

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

8th March, 1932.

No. S. 98.

15th April, 1932.

W. T. SOUTHorn,

Colonial Secretary.

383

MAGISTRACY.

LICENSING SESSIONS.

No. S. 137.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 22nd day of April, 1932, at 3 p.m., at which the following application will be considered under the Liquors Ordinance, 1911 and 1917:-

No.

Name of Applicant.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant

has held a licence to sell liquor in the Colony and, if so, for how long.

Percy Ingham

Newman.

Publican's Licence

without Bar.

14th April, 1932.

Gloucester Building, the 8th or restaurant floor.

6 years.

D. M. MACDOUGALL,

Secretary to the Licensing Board.

DISTRICT OFFICE, SOUTH

　No. S. 138.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of April, 1932.

　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $700 on Lot No. 92 and $150 on Lot No. 93.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Lantao Plateau

Lot No. 92.

Lot No. 93.

15th April, 1932.

Ti Tong Tsai.

Annual

Contents

ㄠˊ

in Square feet.

Price.

Upset Crown

Rent.

800

1.00

.50

Subject to

readjustinent as

provided by the

Conditions of

Sale.

J. S. MACLAREN,

District Officer, Southern District.

384

HARBOUR DEPARTMENT.

　　　No. S. 139. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to Rescue Tug Kau Sing", will be received at the Colonial Secretary's Office until Noon of Friday, the 29th day of April, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $50 for each and every subsequent day until and including the date of due completion of the work.

15th April, 1932.

G. F. HOLE,

Harbour Master, &c

FUBLIC WORKS DepartmENT.

　　　No. S. 140.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training, Quarry Bay District", will be received at the Colonial Secretary's Office until Noon of Monday, the 2nd day of May, 1932, for the training of nullahs and the execution of subsidiary works in the Quarry Bay District.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

15th April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 132.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Public Bathing Shed on Crown Land at Repulse Bay will be received at the Colonial Secretary's Office until Noon of Tuesday, the 19th day of April, 1932. The tender is to contain the offer which the applicant is prepared to make for permission to erect a public bathing shed at the aforementioned beach in accordance with the conditions to be seen at the office of the Public Works Department.

Form of tender can be obtained upon application to the Public Works Department.

The Government does not bind itself to accept any tender.

•

Sth April, 1932.

HAROLD T. CREASY,

Director of Public Works.

THE TRUSTEES OF THE CHURCH OF ENGLAND IN THE DIOCESE OF

VICTORIA. HONG KONG.

HE Right Reverend

THE

CHARLES RIDLEY

　　　　　　　DUPPUY, D.D., Bishop of Victoria, Hong Kong, who is leaving the Colony for England on the 9th April, 1932, has appointed the Very Reverend ALFRED SWANN, M.A., D.S.C., Dean of St. John's Cathedral, Hong Kong, to act as Commissary, until his resignation as Bishop is effected, and also to act in the case of voidance of the See in accordance with Section 3 (2) of the Church of England Trust Ordinance of 1930.

Dated the 9th day of April, 1932.

FRANCO SINO ANNAMITE CO., LTD.

(IN LIQUIDATION.)

OTICE is hereby given in pursuance of Section 188 of the Companies Ordinances 1911, that the Final Meeting of Members will be held at the offices of Messrs. Percy Smith, Seth & Fleming, No. 6, Des Voeux Road Cen- tral, (4th floor), on Saturday, the 14th day of May, 1932, at 12 o'clock noon for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the property of the company disposed of, and of he ring any explanations that may be given by the Liquidators, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Company and of the Liquida- tors thereof shall be disposed.

Dated the 11th day of April, 1932.

J. HENNESSEY SETH, S. HAMPEN ROSS,

Joint Liquidators.

(FILE No. 321 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

. a Trade Mark.

OTICE is hereby given that James H. Backhouse Limited of 1A Chater Road,

Victoria, in the Colony of Hong Kong, have on

the 17th day of September, 1931, applied for

the registration of the accompanying Trade Mark :-

伶梅

386

FRANCO CHINESE TRADING CO., LTD.

(IN LIQUIDATION )

OTICE is hereby given in pursuance of

Section 188 of the Companies Ordinances

1911, that the Final Meeting of Members

will be held at the offices of Messrs. Percy Smith, Seth & Fleming, No. 6 Des Voeux Road Central, (4th floor), on Saturday, the 14th day of May, 1932, at 12.15 p.m. for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the property of the company disposed of, and of hearing any explanations that may be given by the Liquidators, and also of determining by Extraordinary Resolution the manner in which the books, accounts and docu- ments of the Company and of the Liquidators thereof shall be disposed.

Dated the 11th day of April, 1932..

J. HENNESSEY SETH,

S. HAMPDEN ROSS, Joint Liquidators.

(FILE No. 97 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Chan Chun Lan Firm No. 103, Queen's Road Cen- tral, Hong Kong, Tea and Tobacco Merchants, has, by two applications dated the 31st day of March, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks, viz :-

商標

MЯAM

(1)

(2)

30AЯT

FILE No. 94 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of a Trade Mark.

NOTICE is hereby given that the Poon Sui

Cheong firm

of No. 289,

Queen's Road Central, Victoria in the Colony of Hong Kong, Manufacturers of Tooth Brushes and Toilet Brushes, have, on the 24th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

3DD

牌刀

註

册

in the name of the Poon Sui Cheong firm, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used

by the Applicants, but it is their intention so to use it forthwith, in respect of the following goods:

Tooth Brushes and Toilet Brushes in

Class 50.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of April, 1932.

WOO AND NASH, Solicitors for the Applicants,

4, Queen's Road Central,

Hong Kong.

(FILE No. 376 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

NOTICE is hereby given that Nagao Goshi

Kaisha of 2-11 Shiba l'ark, Shibaku, Tokyo, Japan, have on the 2nd day of Novem- ber, 1931, applied for registration in Hong Kong of the accompanying Trade Mark:-

WAKAMOTO

【行洋聯永

in the name.

of James H Backhouse Limited, who claim to be the proprietors thereof.

The Trade Mark has already been used by the applicants in Class 23 in respect of cotton

yarn.

　　　　　The application is limited to the colour shown on the the Mark.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of April, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

in the name of Chan Chun Lan Firm, who

claim to be the proprietors thereof.

Trade Mark No. (1) has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Cigarette Paper in Class 39.

Trade Mark No. (2) has been used by the applicants in respect of China Tea in Class 42 since 1926.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of April, 1932.

CHAN CHUN LAN FIRM,

No. 103, Queen's Road Central, Hong Kong, Applicants.

in the name of the said Nagao Goshi Kaisha, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Medicines and drugs, medical accessories and Chemicals in Class 3.

Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 16th day of April, 1931.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE NO. 70 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

STEINWAY & SONS

STEINWAY

in the name of Steinway & Sons, who claim to

be the sole proprietors thereof.

The Trade Marks have been used by the Ap-

plicants in respect of :- Pianofortes in Class 9. The said Trade Marks are to be associated

one with the other.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

(FILE No. 45 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Messrs.

NOTICE

Cheong Hing Company, (

　　　　　　　of No. 194, Queen's Road Central, Victoria, in the Colony of Hong Kong, have, on the 4th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

昌

387

(FILE No. 72 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Wan

Heung Yuen (蘊香園)of

200€

慕

圈間蘊

in the name of the said Wan Heung Yuen () who claim to be the pro-

蘊香園

prietors thereof.

The Trade Mark has been used by the applicants in class 42 in respect of substances used as food and as ingredients in food for the 23 years last past.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of March, 1931.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

FILE No. 10 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ngai Kang Knitting Factory of No. 259, Portland Street, Mongkoktsui, in the Depen- dency of Kowloon and Colony of Hong Kong, Merchants, have on the 8th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Tarde Mark :

(FILE No. 61 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that The Staner Company, Limited, of (5th floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have, on the 13th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

Hoppe S

ABSOLUTELY

(2)

COW

BRAND

FINEST

GUARANTEE

BOOTPOLISH

LEATHER

AND

PRESERVATIVE

(3)

La Vall L

(2)

in the name of Messrs. Cheong Hing Company, who claims to be the proprietor thereof.

　　　　The above Trade Marks have been used in respect of:-

Handkerchiefs and Garters, in Class 38. Facsimiles of such Trade Marks can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 18th day of March, 1932.

THE CHEONG HING CO., No. 194, Queen's Road Central, Hong Kong, Applicants.

in the name of The Ngai Kang Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Articles of clothing in Class 38 since 1919.

The Applicants disclaim the right to the exclusive use of the letters "N. K." and that the registration of this Mark is limited to the colours as shown on the Mark.

Facsimiles of the Mars can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

in the name of The Staner Company, Limited, who claim to be the proprietors thereof.

HOPPES Trade Mark has been used by the applicants in.respect of Dentifrice in Class 48 since October, 1931.

COW Trade Mark is intended to be used forthwith by the applicants in respect of Boot polish and leather preservative in Class 50.

LAVALL Trade Mark has been used by the applicants in respect of Hair cream, hair lotion and face cream in Class 48 since September, 1931 and is intended to be used forthwith by the applicants in respect of Face powder, talcum powder and toilet soap in Class 48.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 18th day of March, 1932.

THE STANER COMPANY, LIMITED, Bank of Canton Building,

Hong Kong, Applicants.

388

(FILE No. 83 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lee Chai

Medicine Firm of No. 244, Yat Tak Road, Canton in the Province of Kwong-tung in the Republic of China and temporarily residing at No. 75, Wuhu Street Hunghom, Hong Kong, have on the 11th day of March, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow ing Trade Mark: -

行葯濟利

(FILES NOS. 22 AND 66 OF 1982) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that The Min

Keung Knitting Co., of Nos. 51 to 57, Prince Edward Road, Mongkok, in the De- pendency of Kowloon and Colony of Hong Kong, have, on the 22nd day of January, 1932, and the 18th day of February, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

牌話電

in the name of Lee Chai Medicine Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Patent Medicines in Class 3.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 11th day of April, 1932.

LEE CHAI MEDICINE FIRM, Applicants.

(2)

(FILE NO. 110 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Butterfly Company of No. 139, Bonham Strand East, Hong Kong, have on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BUTTERFLY CO.,

HONG KONG

in the name of The Min Keung Knitting Co., who claim to be the proprietors thereof.

The above Trade Marks are intended to be used by the Applicants forthwith in Class 38 in respect of Singlets, Stockings and all articles of clothing.

Facsimiles of the said Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of March, 1932.

LEO D'ALMADA E CASTRO, Sclicitor for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

TRADE

MARK

利得必

in the name of Butterfly Company, who claim

to be the proprietors thereof.

The Trade Mark is intended to be used forth-

with by the applicants in respect of Felt Hats

in Class 38.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of April, 1932.

BUTTERFLY COMPANY, No. 139, Bonham Strand East,

Hong Kong, Applicants.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

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

390

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 141.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

22nd April, 1932.

Authority.

Notification No. 5 of 8th January,

1932.

Notification Nc. 37 of 22nd January,

1932.

Notification

No. 73 of 2nd February, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 142.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from

1st April.

Steerage passengers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301,

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

No. S. 97.

small-pox.

1932.

Port Swettenham (F.M.S.)

Do.

8th March, 1932.

No. S. 98.

22nd April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

391

DISTRICT OFFICE, TAI Po.

　　No. S. 143.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 11th day of May, 1932.

　　The Lot is let for the term of One year from the 1st day of May, 1932, as an Agricultural Lot.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

in Upset Crown Acres. Price.

Annual

Rent.

No. D. D.

Lot.

439

Ma Wo.

As per plan deposited in the 2:70 acres.

District Office, North.

Nil.

5.40

20th April, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI Po.

No. S. 144.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 12th day of May, 1932.

The Lot is let for the term of One year from the 1st day of May, 1932, as a Threshing Floor Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Locality.

Acres.

Annual in Upset Crown

Price. Rent.

No. D. D.

Lot.

feet. feet. feet feet.

€9-

109

1548

Kam Tin.

As per plan deposited in the District Office, North.

03 acre.

Nil.

.20

20th April, 1932.

E. H. WILLIAMS,

District Officer, North.

392

DISTRICT OFFICE, TAI Po.

No. S. 145.--It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 12th day of May, 1932.

　　　The Lots are let for the term of Five years from the 1st day of July, 1932, as Agricultural Lots subject to the Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres. Price.

Annual

Upset Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

130

1700

Tsing Chun Wai.

As per plan deposited in the District Office, North.

41 acre. Nil,

.90

1710

*09

1712

*07

2517

.20

3:02 acres.

6.10

SPECIAL CONDITIONS.

1. The Lessee may not mortgage or sub-let the land.

2. The lease is determinable at any time on six calendar months' notice being given.

　　　3. If the lease is determined by the notice from the Crown before expiration of the period for which the Lot is leased the Lessee is, if he has made improvements and if it is recommended by the District Officer to be entitled to compensation, such compensa- tion to be not more than twice the value of a crop taken off the land resumed.

　　　4. At the expiration of the term for which the Lot is leased, the land with all improvements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the Lessee in respect of such improvements.

20th April, 1932.

E. H. WILLIAMS,

District Officer, North.

393

DISTRICT OFFICE, TAI PO.

　No. S. 146.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 11th day of May, 1932.

　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 10 as Building Lots. Lot No. 11 as a Threshing Floor Lot and Lots Nos. 12 to 16 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 10 are further subject to Special Condition No. 2 (a). Lot No. 11 is further subject to Special Condition No. 1 (a). Lots Nos. 12 to 16 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Govern- ment Notification.

　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $1,500, $1,750, $250, $250, $250, $250, $250, $250, $500 and $2,500 respectively.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents in

Acres, or Price. Square feet.

Upset Crown

Annual

Rent,

Locality.

No. D. D.

Lot.

feet. feet. feet. feet.

€

ᎪᎯ

1 220

882

Nam Shan.

As per plan deposited in the District Office, North.

2560 sq. ft.

3.00

ลง

218

1830

Tse Ha.

2880

3.50

1829

416

.50

1832

260

.50

1831

Kun Hang.

325

.50

209

841

Ki Ling Ha.

252

.50

842

252

.50

1237

Shan Kai Wat.

416

.50

1211

Ting Kok.

660

1.00

91 3487

Ping Kong.

4200

5.00

3488

2100

.20

2061

11 acre.

.20

2054

⚫03

.10

52 1204

Sheung Shui.

*28

.30

206

15 83 2028

803

Tsz Tong Tsun.

*03

.10

U Kwai Sha.

وو

6'44 acres.

700

6.50

20th April, 1932.

E. H. WILLIAMS,

District Officer, North.

394

DISTRICT OFFICE, TAI Po.

　　　No. S. 147. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 12th day of May, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 9 as Building Lots. Lot No. 10 as a Garden Lot and Lots Nos. 11 to 16 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification. No. 470 of 1931. Lots Nos. 1 to 9 are further subject to Special Condition No. 2 (a). Lots Nos. 10 to 16 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $250, $250, $250, $250, $250, $250, $250, $250 and $1,500 respectively.

PARTICULARS OF THE LOTS.

明

Registry No.

Boundary Measurements.

Locality.

Contents in Acres, or Square feet.

Upset

Annual Crown

Price.

Rent.

No. D. D. Lot.

feet. feet. feet. feet.

明

115

1303

Tsoi Uk Tsun.

As per plan deposited in the District Office, North.

300 ft.

sq.

.50

1304

429

.50

3 125

2123

Ha Tsun.

408

.50

2124

169

、

120

3503

Sham Chung.

310

132

1830

Siu Hang.

200

.50

,50

134

494

Lung Ku Tan.

360

.50

8 129

3383

Mong Tsing.

390

.50

9 131

803

Castle Peak.

2500

3.00

804

18 acre.

9.00

376

314

136

15.50

315

*05

2.50

པ

*02

1.00

*03

1.50

316

*06

3.00

16 121

1816

Fui Sha Wai.

*23

.30

20th April, 1932.

E. H. WILLIAMS,

District Officer, North.

395

SANITARY DEPARTMENT.

No. S. 148.- In accordance with section 168 of the Public Health and Buildings Ordinance,1903, Ordinance No. 1 of 1903, it is hereby notified that the Government proposes to erect a permanent Public Flush Latrine to replace the existing temporary latrine situated on Crown Land adjoining Inland Lot No. 2822, Lockhart Road.

If any owner or occupier in the immediate vicinity of such site objects to such erection, such objection must be sent in writing to the Colonial Secretary so as to reach his office not later than Friday, the 13th day of May, 1932.

22nd April, 1932.

G. R. SAYER,

Ilead of the Sanitary Department.

段第二千八百廿二號相連悉現政府欲在駱克道與地六十八節佈告居民人等知生及建造屋宇則例第一百三年第一條則例卽保衛民佈告事茲按照一千九百零

清淨局總辦佘

憲示第一百四十八號

零為

連地

月十三號禮拜五日以前繕須於一千九百三十二年五或屋客不願該厠所建築者廁所如有附近該處之業主水厠以替該處現有暫用之之皇家地建築一永久公眾

一千九百三十二年

禀遞呈布政使可也

四月廿二日

No. S.

149.-It

hereby

PUBLIC WORKS DEPARTMENT.

　　　　　　　　　　　　　　notified that sealed tenders in triplicate which should be clearly marked "Tender for Public Bathing Shed on Crown Land at Kennedy Town", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of May, 1932. The tender is to contain the offer which the applicant is prepared to make for permission to erect a public bathing shed at the aforementioned beach in accordance with the conditions to be seen at the office of the Public Works Department.

Form of tender can be obtained upon application to the Public Works Department.

The Government does not bind itself to accept any tender.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

396

PUBLIC WORKS DEPARTMENT.

No. S. 150.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for 1st Section of New 100 ft. Road between Causeway Bay and Ming Yuen Gardens" will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of May, 1932. The work comprises the construction of a portion of this 100 ft. road between a point to the South of I.L. 2358 and a point to the eastwards of I.L. 2918.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT

No. S. 151.-It is hereby notified that scaled tenders in triplicate which should be clearly marked "Tender for Postal Kiosk at Kowloon City", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of May, 1932. The work consists of the erection of a Postal Kiosk near Kowloon City Police Station.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 152.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for improving existing main roads for motor traffic, Kowloon ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 10th May, 1932. The laying of a 45 ft. width of reinforced concrete surfacing in (a) Nathan Road, (b) Prince Edward Road and (c) Lai Chi Kok Road.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

397

PUBLIC WORKS DEPARTMENT.

No. S. 153.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 9th day of May, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

Annual

of Sale.

Registry No.

Locality.

in Sq. feet.

Upset

Rent. Price.

feet.

feet. feet.

feet.

明

About

1 Rural Building

Lot No. 337.

Adjoining Rural Building Lots Nos. 247 and 326, Mount Cameron.

As per sale plan.

39,400 452 5,728

The Purchaser of the Lot will also have to pay the sum of $8 for each boundary stone required to define the Lot and the prescribed fee for the Crown Lease.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 154.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 9th day of May, 1922, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Registry No.

Locality.

Contents in

Sale.

Sq. feet.

Annual Rent.

Upset

Price.

feet. feet. feet.

feet.

About

Inland Lot No. 3402

Adjoining Inland Lot

As per sale plan.

2,790

8,370

No. 3101, Shing Ping Street.

　　The Purchaser of the Lot will also have to pay the sum of $8 for each boundary stone required to define the Lot and the prescribed fee for the Crown Lease.

22nd April, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Receiving Order and First General Meeting of Creditors.

No. 5 of 1932.

Re The Pak Sang Tong otherwise known as Pak Sang Tong Cheung Kee firm and Im Siu Wai the Managing partner thereof formerly of No 134, Bonham Strand East and now at No. 201, Wing Lok Street, (1st floor), Victoria in the Colony of Hong Kong, Chinese Medicine Dealers.

　　　　　Petition dated the 15th day of March, 1932. Receiving Order dated the 16th day of April, 1932.

OTICE is hereby given that Thursday, the 28th day of April, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor firm shall be adjudged bankrupt.

No. 7 of 1932.

Re Fung Yuk Wing of No. 24, Queen's Road East, (first floor), Victoria in the Colony of Hong Kong, Clerk.

Petition dated the 12th day of April, 1932. Receiving Order dated 16th day of April, 1932.

400

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 6 of 1932.

Notice of Administration Order and First General Meeting of Creditors.

Be Charlotte Georgina Lilian Matheson late of Huntington Stubbs Road, Victoria in the Colony of Hong Kong, Widow, deceased.

AN Order for Administration in Bank-

ruptcy of the estate of Charlotte Georgina Lilian Matheson late of Huntington, Stubbs Road, Victoria in the Colony of Hong K Tong, Widow, deceased, who died

on the 18th day of December, 1931, at the Matilda Hospital Hong Kong, was made on the 16th day of April, 1932.

OTICE is hereby given that Wednesday. the 27th day of April, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the first general meeting of creditors in the above matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No creditor can vote unless he has proved his debt at least 24 hours before the meeting. Forms of proof can be obtained at the Official Receiver's Office during office hours.

Dated the 21st day of April, 1932.

E. L. AGASSIZ,

Official Receiver

NOTICE OF TRANSFER.

IN 3 of

pursuance of Section 3 of the Fraudulent

OTICE is hereby given that Thursday,

the 28th day of April, 1932, at 11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 21st day of April, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP.)

No. 1 of 1932.

In the Matter of the Companies Ordin-

ance, No. 58 of 1911,

and

In the Matter of the Man Ree Hing

Company, Limited.

WINDING UP Order made the 15th day of April, 1932. Date and place of first

meeting:

Creditors. 4th day of May, 1932, at 10.30 o'clock in the forenoon at the Official Receiver's Office.

Contributories, 4th day of May, 1932, at

1923. Notice is hereby given that by an Assign- ment dated the 18th day of April, 1932, Wong Sin Cho() and Lee Chak Ting() Managing Partners

of the Yee Cheung Cheong Kee Firm of No. 70, Queen's Road West, (Ground and first floors), Victoria in the Colony of Hong Kong, Paper Dealers (hereinafter called "the Transferors") have transferred the said business of Yee

(Cheung Cheong Kee (義祥昌記)

In the Matter of The Companies Ordin-

ances, 1911-1921,

and

In the Matter of The Kwong Shing Cheong Sandalwood Association, Limited.

(IN VOLUNTARY LIQUIDATION).

THE KWONG SHING CHEONG SANDALWOOD ASSOCIATION, LIMITED.

T an Extraordinary General Meeting of the Members of the above-named Company, duly convened, and held at the registered office of the Company, Prince's Building, Victoria, in the Colony of Hong Kong, on the 16th day of April, 1932, the following resolution was duly passed as an Extraordinary Resolution, namely:

----

"That it has been proved to the satisfac- tion of this Meeting that the Com- pany cannot by reason of its liabili- ties continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily and that Mr. John Fleming, C.A., and Mr. Archibald Ritchie, C.A., both of Messrs. Lowe, Bingham & Matthews, of Mercantile Bank Building, Hong Kong, be and they are hereby appointed Liquidators, to act either jointly or severally for the purpose of such winding-up."

LO KUNG MOK,

Chairman.

Hong Kong, 22nd April, 1932.

In the Matter of The Companies Ordin-

ances, 1911-1925,

and

In the Matter of the Kwong Shing Cheong Sandalwood Association, Limited.

(IN LIQUIDATION.

THE Creditors of the above named Company are required on or before the 31st day

of May, 1932, to send in their names and ad- dresses, and the particulars of their debts or claims and the names and addresses of their Solicitors (if any) to the undersigned of Mercantile Bank Building, Queen's Road Cen- tral, Hong Kong the Liquidators of the said

Ho U Kwan (fn) the Managing Company, and, if so required by notice in

Partner of the Chee Shing Tong of No. 70, Queen's Road West, Victoria aforesaid (herein- after called "the Transferee.")

The Transferee intends to carry on

the business at No. 70, Queen's Road West, Victoria aforesaid under the style or firm name

of Yee Cheung Shing Kee (義祥成記)

Paper Dealers and will not assume the liabili- ties incurred by the Transferors in the said business.

Dated the 20th day of April, 1932.

RUSS & CO., Solicitors for the Transferee.

NOTICE.

THE business of the Nam Hing Loong firm (MB) Nos. 97 and 99,

Queen's Road Central, has by mutual consent been dissolved between Ho Shun Hing

11.30 o'clock in the forenoon at the Official) and Lo Tsz Shau ().

Receiver's Office.

Dated the 22nd day of April, 1932.

E. L. AGASSIZ, Official Receiver and Provisional Liquidator.

Such business will be continued by the under- signed at No. 4, Pottinger Street, under the

same name.

Dated the 20th day of April, 1932.

LO TSZ SHAU.

writing from the said Liquidators are, by their Solicitors or personally, to come in and prove their said Debts or Claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 22nd day of April, 1932.

JOHN FLEMING, c.a. A. RITCHIE, C.A.

Liquidators.

THE KWONG SHING CHEONG SANDALWOOD ASSOCIATION LIMITED.

(IN LIQUIDATION).

OTICE is hereby given pursuant to Section 181 of the Companies' Ordin- ances 1911 that a Meeting of Creditors of the above named Company will be held at the Office of the Liquidators, Mercantile Bank Building, Hong Kong on Tuesday the 17th day of May, 1932, at 12 noon for the purposes

provided for in the said section.

Dated the 22nd day of April, 1932.

J. FLEMING, C.a. A. RITCHIE, c.a.

Liquidators.

401

wwwww

Ν NOT

(FILE No. 103 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft, Merchants, of Frankfort on Main, Germany, have on the 6th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

RAPIDAZOL

拉披

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Ah Suie otherwise known as Ah Sive late of Port Elizabeth, Cape Province, South Africa, De- ceased.

OTICE is hereby given that the Court

Ordinance 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 18th. day of May, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 19th day of April, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building,

Ice House Street,

Hong Kong.

素

in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of business Ordinance, No. 25 of

1923.

Notice is hereby given that Li Pak Ming

trading as Wan Kau Lui

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Chemical substances used in manufactures, photography or philoso- Dim () of No. 32, New

phical research and anti-corrosives in Class 1 and Raw or partly prepared vegetable, animal and mineral substances used in manufactures, not included in other Classes, in Class 4. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of April, 1931.

(FILE No. 101 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Eastern

N Book Company of No. 55, Hollywood

　　　Road, (Ground Floor), Victoria in the Colony of Hong Kong, have on the 2nd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 111 OF 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that Welted Manufacturing Company of No. 5, Kau U Fong, Hong Kong, have on the 9th day of April, 1932, applied for registration in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

Market Street, Victoria, in the Colony of Hong Kong, carrying on the business of a Boarding House under the style or firm name of "Wan Kau Lui Dim" of No. 32, New Market Street, Victoria aforesaid (hereinafter called "the transferor") is desirous of transferring the said business of the said Wan Kau Lui Dim

to Lo Lim() and Ng Cheong (both of Victoria aforesaid

(hereinafter called "the Transferees ") on the 15th day of May, 1932. The Transferees intend to carry on the said businesss at No. 32, New Market Street under the style or firm name of

"Wan Kau Lui Dim" (**)

and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 15th day of April, 1932.

LI PAK MING TRADING AS

WAN KAU LUI DIM,

Transferor

LO LIM AND NG CHEONG,

Transferees.

GEERGOLA AÐ LED

TRADE

MARK

in the name of the Eastern Book Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants since the year 1929 in Class 39 in respect of English and Chinese Books of every description.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of April, 1932.

LYSON & HALL, Solicitors for the Applicants, 6, Queen's Road Central,

THREE SHEEP BRAND

in the name of Welted Manufacturing Com- pany, who claim to be the proprietors thereof. The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Linen Handker- chiefs in Class 27.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of April, 1932.

WELTED MANUFACTURING

COMPANY,

No. 5, Kau U Fong, Hong Kong,

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1 00

(FILE NO. 21 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that Tai Sun Street, Mongkok, Kowloon, Knitting Manufac- turers, have on the 25th day of January, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

TAI SUN KNITTING FACTORY MI JE EX

商標

SILK WORM BRAND

　　　　in the name of Tai Sun Knitting Factory, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark is intended to be used forthwith by the applicants in respect of Singlets and hosiery in Class 38.

A presentation of the Trade Mark is deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 24th day of February, 1932.

TAI SUN KNITTING FACTORY,

Nos. 27, Tung Choi Street, Mongkok, Kowloon,

Hong Kong, Applicants.

(FILES No. 422 OF 1931 AND 47 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Chung Shan Knitting Company, Limited, whose re- gistered office is situate at No. 48, Causeway Bay Road, Hong Kong, have, on the 17th day of December, 1931, applied for the registration of Trade Marks Nos. 1 and 2, and on the 4th day of February, 1932, applied for registration of Trade Mark No. 3. in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:

(1)

牌蛇

(3)

(2)

402

(FILE No. 53 or 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Company, Limited, of No. 1850, Dita Oitashi Oitaken, Japan, have on the 23rd day of January, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

OTICE is hereby given that Oita Cement

PORILAND CEMENT

SAKURA

CHERRY BRAND GEMENT

OITA CEMENT CO. LTD., JAPAN.

in the name of the said Oita Cement Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of the following goods in the following class, viz:-

Portland and other calcareous Cement

in Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 52 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Hauff-Leonar Aktiengesellschaft, of Wandsbek, Germany, have on the 12th day of February, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :---

TOT METOL

牌山鐘

CHUNG SHAN

in the name of Chung Shan Knitting Company, Limited, who claim to be the proprietors there- of.

　　　　　　The three Trade Marks are intended to he used forthwith by the applicants in respect of Singlets, hosiery and underwears in Class 38. The applicants disclaim the right to the ex- clusive use of the use of words "Chun Shan on Trade Mark No. 2.

Dated the 24th day of February, 1932.

CHUNG SHAN KNITTING CO., LTD., No. 48, Causeway Bay Road,

Hong Kong,

Amminent

美

杜

in the name of Hauff-Leonar Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Chemical substances used in manufac- tures, photography or philosophical research and anti-corrosives in Class

The said Trade Mark is to be associated with Trade Mark No. 67 of 1926.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 26th day of February, 1932.

DEACONS, Soticitors for the Applicants, 1, Des Voeux Road Central,

(FILE No. 54 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N Company, Limited, of No. 270,0 Cement Asagun Yamaguchiken, Japan, have on the 23rd. day of January, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

OTICE is hereby given that Onoda

TLAND

REGISTERED

TRADE MARK

CEME

ONODA

NT.

in the name of the said Onoda Cement Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Portland and other calcareous Cement in

Class 17.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 30 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTI

OTICE is hereby given that C. M. Brooke & Sons of Whiteman Street, South Melbourne, in the State of Victoria, Common- wealth of Autralia, have, by an application dated the 1st day of December, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

in the name of the said C. M. Brooke & Sons who claim to be the proprietors thereof.

The above Mark has been used by the Ap- plicants in respect of:-

Lemon Squash, lemon syrup, lemon jelly, lemon crystal, lemon juice, lemon butter, lemon peel, lemon cheese and e-sences (non alcoholic) in Class 42 since 1927.

The Applicants disclaim the right to the exclusive use of the words "Brooke's Lemos and the representation of a bottle.

Dated the 26th day of February, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and agents for the Applicants, St. George's Building,

TT T.

(FILE No. 20 of 1932)

TRADE MARKS ORDINANCE, *1909.

Application for Registration of a Trade Mark.

403

OTICE is hereby given that J. Van Renswoud & Son Limited, of No. 32, Foster Lane, London, E.C., have, on the 13th day of January, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

MANGO

(FILE No. 51 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Lee Shing & Co., of No. 185, Des. Vœux Road Central, Victoria in the Colony of Hong Kong, have on the 12th day of February, 1932, applied for the registration in Hong Kong, in the Re- gister of Trade Marks, of the following Trade Mark:-

EEE

in the name of the said J. Van Renswoud & Son Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Vegetable edible products, edible oils and fats and margarine (excluding mango, chutney, curry paste, curry powder, pickle preserves and other Indian condiments), in Class 42.

Dated the 26th day of February, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

in the name of The Lee Shing & Co., who claim to be the proprietors thereof.

The above Trade Mark is intended to be used by the applicants forthwith in Class 38 in respect of :-

Shirts, Neckwear, Hats, Stockings, Sing- lets, Towels, Handerchiefs, Pyjamas, Scarfs, and all articles of clothing. Facsimile of the above Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and also at the under- signed.

It is hereby stated that the applicants dis- claim the right to the exclusive use of the letters E E E" appearing on the Mark.

Dated the 26th day of February, 1932.

LEO D'ALMADA E CASTRO, Solicitor for the Applicants, No..67, Des Voeux Road Central,

Hong Kong.

(FILE No. 71 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that the Asahi

Match Company, Limited, of Japan,

a Company registered under the laws of Japan, have on the 26th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz :-

(1)

SAFETY MATCH

REGISTERED TRADE MARK

The Hong Kong

Government Gazette

Local Subscription.

(2)

BEST SAFETY MATCH

Per annum (payable in advance),.

$18.00

Half year, Three months,

(do.),

10.00 6.00

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.

Each additional line,

· Chinese, per Character,

Repetitions,

$1.00

$0.20

for 1st. insertion

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

ASAHI MATCH CO.LTD.

as a series of Marks and associated with each other, in the name of the said Asahi Match Company, Limited, who claim to be the pro- prietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of matches in Class 47 since 1931.

Dated the 25th day of March, 1932.

THE TAI TUNG MATCH

COMPANY, LIMITED, Agents for the Applicants, Asiatic Building,

Hong Kong.

406

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 155.-The following bills are published for general information:-

C.S.O. 4/4299/32.

A BILL

[No. 19:-5.4.32.-1.]

Short title.

Amendment

of Ordin-

ance No. 7

of 1896, s. 11.

Ordinance No. 26 of 1931

Schedule, Forms Nos. 5, 6.

Amendment of Ordinance No. 7 of 1896. Schedule, Forms 5 & 6.

INTITULED

An Ordinance to amend the law relating to the Registration

of Births and Deaths.

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 Deaths Registration Amendment Ordinance, 1932.

2. Sub-sections (2) and (3) of section 11 of the Births and Deaths Registration Ordinance, 1896, as amended by section 5 of the Births and Deaths Registration Amendment Ordinance, 1931, are repealed and the following sub-sections 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.

(3) For every such entry made within a period of forty- two days from the date of the birth no fee shall be paid. For 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.

3. In Forms Nos. 5 and 6 in the Schedule to the Births and Deaths Registration Ordinance, 1896, as amended by section 10 of the Births and Deaths Amendment Ordinance, 1931, the words "Fee $2.50" are deleted and the words "Fee $2.50 (or $1 if issued within 42 days of the birth of the child)" are substituted therefor in each Form.

407

Objects and Reasons.

1. Under section 9 of the Registration of Births and Deaths Ordinance it is the duty of the father or mother or in the case of death, illness, absence, or inability to attend of the father or mother the occupier of the house in which the child has been born, or any one present at the birth to give the necessary information to the Registrar within 42 days of birth.

2. It has been the custom for midwives to give the necessary information to the Registrar with regard to births where they have been in attendance and this information has been forthwith entered in the register. Sometimes this information is incorrect as to the exact name of the father, the mother or the child. This is an error of fact or substance which can only be corrected at the cost of $2.50.

3. It often happens that when the child is registered on the information of the midwife (generally one or two days after birth) no name has been given to the infant. The infant is thus registered un-named.

4. There are constantly arising cases where within the 42 days of grace allowed by the Ordinance the father attends in person and offers the requisite information only to be told that the child has already been registered on the information given by the midwife. If the midwife's information is incorrect he must produce $2.50 and two certificates to have it corrected and he must produce another $2.50 for inserting the name of the child in the register.

5. In each case the father is penalised for something he is not responsible for and naturally he objects.

6. This amending Ordinance amends section 11 of the principal Ordinance by reducing the certificate fee to one dollar and by abolishing the entry fee where the former is issued or where the latter is made within forty-two days of the birth of the child.

April, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O. 3377/14.

408

No. 26-28.4.32.-1.]

Short title.

Substitution for Ordin- ance No. 1 of 1862,

s. 6.

Penalty for act prohibited by pro- clamation.

A BILL

INTITULED

An Ordinance to amend the Military Stores (Exportation)

Ordinance, 1862.

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 Ördinance, 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.

Objects and Reasons.

1. This Ordinance repeals section 6 of the principal Ordinance, No. 1 of 1862, and re-enacts it with the substitution of the words "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" for the words "under the powers conferred by sub-clause 9 of clause III of the Order of Her late Majesty Queen Victoria in Council of the 26th day of October, 1896, as amended by the Order of His Majesty in Council of the 28th day of August, 1914."

2. Section 14 of the Interpretation Ordinance, No. 31 of 1911, provides that where any Ordinance repeals and re- enacts, with or without modification, any provision of a former Ordinance, references in any other Ordinance to the provisions so repealed, shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted.

3. An Order of His Majesty in Council is not an Ordinance. Moreover, the reference to the Amending Order in Council of 1914, was inserted in Ordinance No. 1 of 1862

409

by Ordinance No. 3 of 1915; but since then an amending Order in Council of 1916 was published in the Hong Kong Government Gazette of the 12th May, 1916. Such Orders in Council are amended from time to time and occasionally replaced by a consolidation Order.

4. The slight amendment effected in section 6 of the principal Ordinance by this amending Ordinance will, by applying the principle of section 14 of the Interpretation Ordinance, save the necessity of re-amending the principal Ordinance every time the Order in Council is amended or consolidated.

April, 1932

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 156.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301,

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham (F.M.S.)

Do.

8th March, 1932.

No. S. 98.

29th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

409

April, 1932

C. G. ALABASTER,

Attorney General.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 156.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301,

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham (F.M.S.)

Do.

8th March, 1932.

No. S. 98.

29th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

410

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 157.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Authority.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

29th April, 1932.

W. T. SOUTHORN,

Colonial Secretary.

DISTRICT OFFICE, SOUTH.

　　　No. S. 158.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 13th day of May, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $700.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Upset Crown

Price.

Square feet.

Rent.

Lantao

Demarcation District

No. 313. Lot No. 717.

Tai 0.

1,350

Subject to readjustinent as provided by the Conditions of

Sale.

29th April, 1932.

J. S. MACLAREN,

District Officer, Southern District.

411

DISTRICT OFFICE,

SOUTHERN DISTRICT,

HONG KONG,

　No. S. 159.-It is hereby notified that the following Sale by Public Auction of the right to quarry stone on Crown Land will be held at the Office of the District Officer, South, Post Office Buildings, Hong Kong, at 11 a.m., on Friday, the 20th day of May, 1932.

　The Purchaser will be granted a permit to Quarry Granite for the term of ONE year from the 1st day of April, 1932, subject to the Special Conditions hereunder specified.

PARTICULARS OF THE QUARRY.

Quarry No.

Locality.

Boundary Measurements.

Estimated Area in square feet.

Upset Annual Crown.

Rent.

No. 9.

Tsing I.

7,500

As per plan deposited in the District Office of the Southern District of the New Territories, Hong Kong

SPECIAL CONDITIONS.

　1. The area to be quarried is shown on a plan deposited in the Office of the District Officer, South, Post Office Buildings, Hong Kong.

　2. The highest bidder shall immediately after the sale deposit in the Office of the District Officer, South, Hong Kong, a sum equivalent to three months' rent of such Quarry as security for the rent and the fulfilment of these conditions He shall then be entitled to and shall sign, on demand, a permit from the Crown to quarry granite on the piece of ground comprised in such permit for ONE year from the 1st day of April, 1932, at the rental at which the same was purchased and payable quarterly in advance on the 1st day of each quarter: such permit being in the printed form deposited in the Office of the District Officer, South.

4. The permit shall be subject to cancellation at any time on two months' notice being given without compensation but a refund of a proportionate part of the rent will be made.

5. The permittee shall fill in any holes in the quarry and construct such drains as may be necessary to carry off any surplus water-the work to be done to the satisfaction of the District Officer, South.

6. The permittee will be allowed to erect a shed 20' by 20' for housing workmen and a kitchen 10' by 10'.

　　7. The quarry shall be left in a tidy condition at the expiration of the permit to the satisfaction of the District Officer, South.

29th April, 1932.

J. S. MACLAREN,

District Officer, South.

fix.

412

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 160. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Protection of Embankment, Mile 63", will be received. at the Colonial Secretary's Office until Noon of Thursday, the 19th day of May, 1932, on behalf of the Kowloon-Canton Railway (British Section).

Drawings may be seen and the Specification and full particulars obtained by appli- cation to the Railway Head Office, Kowloon, on the deposit of a fee of $25 which will be refunded on the submission of a bona fide tender together with the return of the Specification intact.

The Contractor must deliver in with his tender the schedule of quantities and prices, which shall be fully filled up and shall set forth the items of which such estimate is composed, and shall contain his complete estimate.

The successful tenderer will be required to sign a formal contract in the usual form of the Government Contracts and to give security for the sum of $500 in a bond with two sureties conditional for the due and faithful performance of the terms of such

contract.

The Government does not bind itself to accept the lowest or any tender.

29th April, 1932.

R. BAKER,

Manager.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 161.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Transporting and Dumping Rubble at North Point ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 17th day of May, 1932.

For Form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

29th April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 162.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for Asphaltum", will be received at the Colonial Secretary's Office until Noon of Friday, the 20th day of May, 1932, for the supply and delivery of the following Stores required by this Department for period commencing 1st July, 1932 to 31st December, 1932:-

1. Asphaltum Penetrations, 31/40, 100 tons, to Specification. 2. Asphaltum Penetrations, 61/70, 250 tons, to Specification. 3. Asphaltum Penetrations, 81/90, 350 tons, to Specification.

Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of $500 (Dollars five hundred) as a pledge of the bona fides of his tender. In the event of acceptance of part only of the tender the deposit may be reduced by an amount to be determined by the Government; in no case shall any deposit be less than $50 (Dollars fifty). The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Government, the whole or any portion of the tender which shall be accepted. The deposit shall be released on the satisfactory termination of the Contract.

412

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

contract.

The Government does not bind itself to accept the lowest or any tender.

29th April, 1932.

R. BAKER,

Manager.

PUBLIC WORKS DEPARTMENT.

For Form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

29th April, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

1. Asphaltum Penetrations, 31/40, 100 tons, to Specification. 2. Asphaltum Penetrations, 61/70, 250 tons, to Specification. 3. Asphaltum Penetrations, 81/90, 350 tons, to Specification.

413

The deposit shall be returned to any Tenderer whose tender is not accepted.

　For Specifications and Forms of Tender apply at the office of Superintendent Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the Specification.

HAROLD T. CREASY,

29th April, 1932.

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 140.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training, Quarry Bay District ", will be received at the Colonial Secretary's Office until Noon of Monday, the 2nd day of May, 1932, for the training of nullahs and the execution of subsidiary works in the Quarry Bay District.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

15th April, 1932.

HAROLD T. CREASY,

Director of Public Works.

SANITARY DEPARTMENT.

No. S. 148.- In accordance with section 168 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, it is hereby notified that the Government proposes to erect a permanent Public Flush Latrine to replace the existing temporary latrine situated on Crown Land adjoining Inland Lot No. 2822, Lockhart Road.

If any owner or occupier in the immediate vicinity of such site objects to such erection, such objection must be sent in writing to the Colonial Secretary so as to reach

13th day of May, 1932.

{

his office not later than Friday, the

22nd April, 1932.

G. R. SAYER,

Head of the Sanitary Department.

一千九百三十二年禀遞呈布政使可也

月十三號禮拜五日以前繕須於一千九百三十二年五或屋客不願該厠所建築者廁所如有附近該處之業主水厠以替該處現有暫用之之皇家地建築一永久公衆段第二千八百廿二號相連悉現政府欲在駱克道與地六十八節佈告居民人等知生及建造屋宇則例第一百三年第一條則例卽保衛民佈告事茲按照一千九百零清淨局總辦佘

憲示第一百四十八號

四月廿二日

篇

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 7 of 1932.

Notice of Public Examination.

Re Fung Yuk Wing, of No. 24, Queen's Road East, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

NOTICE is hereby given that the Public

　　　　　Examination of the debtor Fung Yuk Wing will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Thurs- day, the 12th day of May, 1932, at 2.30. p.m

Dated the 28th day of April, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In The Goods of Duncan Campbell late of Aino-Mura Nagasaki-Ken in the Empire of Japan School- master, deceased.

NOTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an Order limiting the time for creditors and others to send in their claims against the above estate to 22nd day of May, 1932.

417

(FILE No. 102 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Fung Keong

Rubber Manufactory, of No. 3, Main Street, Shaukiwan, in the Colony of Hong Kong, have, on the 29th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

MARK

999

in the name of Fung Keong Rubber Manu- factory, of No. 3, Main Street, Shaukiwan afore- said, who claim to be the sole proprietors there- of. The said Trade Mark has been used by the applicants in Class 40 in respect of goods manu- factured from India rubber and gutta percha such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the under- signed. The applicants disclaim the right to the exclusive use of the figures "999. "

Dated the 29th day of April, 1932.

D'ALMADA & MASON, Solicitors for the Applicants, No. 33, Queen's Road Central,

Hong Kong.

(FILE No. 19 OF 1929) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

All Creditors and others are accordingly NOTICE is hereby given that Grotjahn and hereby required to send their claims to the undersigned on or before that date.

Dated this 22nd day of April, 1932.

DEACONS,

Solicitors for the Administrator, 1, Des Voeux Road Central,

Hong Kong.

In the Matter of the Companies Ordin-

ance 1911,

and

In the Matter of The China Mercantile

Company, (1927) Limited.

(IN VOLUNTARY LIQUIDATION.)

OTICE is hereby given in pursuance of Section 188 of the Companies Ordinance, 1911, that a General Meeting of the members of the above-named Company will be held at the Registered office of the Com- pany No. 64, Connaught Road Central, Victoria, in the Colony of Hong Kong on Wednesday, the 1st day of June, 1932, at 2.30 p.m.. for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted, and the property of the Company disposed of and of hearing any ex- planations that may be given by the Liquidators and also of determining by Extraordinary Re- solution the manner in which the books, accounts and documents of the Company, and of the Liquidators thereof shall be disposed of.

Dated the 28th day of April, 1932.

PHILLIP S. LEE,

李奕永

Liquidators.

Company, of 67 to 69, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Merchants, have, on the 16th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"ABUS"

in the name of Grotjahn and Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Pad- locks in Class 13.

Dated the 29th day of April, 1932.

GROTJAHN & COMPANY.

(FILE No. 19 of 1929) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that C. C. Wake-

N field & Company, Limited, of London,

England, Manufacturers, of Motor and Lubricat- ing Oils, have, on the 15th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"CASTROL"

in the name of C. C. Wakefield & Company, Limited, who claim to be the proprietors there-

of.

The above Trade Mark is intended to be used by the Applicants forthwith in respect of Motor and Lubricating Oils in Class 47.

Dated the 29th day of April, 1932.

C. C. WAKEFIELD AND

COMPANY, LIMITED.

(FILE No. 115 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Chen Ah

Company, of Nos. 3, 4 and 5, Kwan Yick Street, ground floors), Victoria, in the Colony of Hong Kong, have on the 12th day Hong Kong, in the register of Trade Marks of of April, 1932, applied for the registration in the following Trade Mark, namely: -

in the name of the said Chen Ah Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 2 in respect of Sanitary Disinfecting Fluid.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 121 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the British Manufacturers Export Association (Tex- tiles), Ltd., of No. 320, Kiangse Road, Shang- hai, on the 6th day of April, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

in the name of the said British Manufacturers Export Association (Textiles) Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz :-

Worsted Tissues (piece goods) in Class 34.

Dated the 29th day of April, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

418

(FILE No. 112 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Wellman Company, of No. 98, (Second Floor), Connaught Road West, Hong Kong, have, on the 9th day of April, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

HEAMOGEN(r)

(2)

獅子

in the name of Wellman Company, who claim to be the proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Tonic Medicine in Class 3.

Dated the 29th day of April, 1932.

WELLMAN COMPANY,

No. 98, (2nd floor), Connaught Road West,

Hong Kong, Applicants.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of Joseph Robson Hodgson, late of "Shanghai" Runswick, in the County of York, formerly of Ash Villa, Fairfield, Stockton on Tees, in the County of Durham in the United Kingdom, deceased.

OTICE is hereby given that the Court

N has by virtue of the provisions of

Section 58 of Ordinance, No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 28th day of May, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 29th day of April, 1932.

DEACONS,

Solicitors for the Executor, No. 1, Des Voeux Road Central,

Hong Kong.

In the Matter of the Simplex Plaster

Company, Limited.

AT an Extraordinary General Meeting of

the above-named Company duly convened and held at French Bank Building, Queen's

Road Central, Victoria, in the Colony of Hong Kong, on the 12th day of April, 1932, the following Resolution was duly passed and at a subsequent Extraordinary General Meeting of the Members of the Company also duly convened and held at the same place on the 28th day of April, 1932, the same Resolution was duly con- firmed as a Special Resolution namely:-

"That the Company be Wound Up

Voluntarily.'

And at such last mentioned meeting John Fleming and Archibald Ritchie of the firm of Messrs. Lowe, Bingham and Matthews were jointly and severally appointed Liquidator and Liquidators for the purposes of the Winding-

up.

Dated this 28th day of April, 1932.

D. H. BLAKE,

Chairman.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance), Half year,

Three months,

(do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,..

Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.00 for 1st. $0.20 insertion

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

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

420

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 163. -The following bill is published for general information :-

C.S.O. 3851/30.

A BILL

[No. 22-18.4.32.-1.]

Short title.

Substitu- tion for Ordinance No. 45 of 1902, s. 12.

Questions respecting wages and wrongful determina- tion of contract to be determined by magis- trate.

c.f. Ord. No. 3 of 1890.

Repeal of

ss. 13, 16, 17, 18 and 21 and

part of

s. 25 of

Ordinance No. 45 of 1902.

INTITULED

An Ordinance to amend the Employers and Servants Ordinance,

1902.

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 Servants Amendment Ordinance. 1932.

2. Section 12 of the Employers and Servants Ordinance, 1902, is repealed and the following section is substituted therefor :-

(12) Every question between the parties to any contract of service respecting wages, and every question respecting any alleged wrongful determination of any contract of service, shall be heard and determined by a magistrate in a summary manner in accordance with the law regulating procedure 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.

Objects and Reasons.

The effect of this Ordinance is to delete from the Employers and Servants Ordinance, 1902, those provisions which applied penal sanctions to labour engagements. The relations of employer and employed are left to be governed by the ordinary law of contract but the summary procedure before a magistrate, in respect of wages and breach of contract, provided by the principal Ordinance, is retained in the new and abbreviated section 12.

C. G. ALABASTER,

Attorney General.

April, 1932.

421

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　No. S. 164.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th April, 1932, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

21,888,740 8,300,000*

Hong Kong and Shanghai Banking Corporation... Mercantile Bank of India, Limited...

TOTAL

131,020,416 112,000,000†

3,205,287 1,350,000§

€

156,114,443 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,460,100.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 165.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

6th May, 1932.

1011-102

E. R. HALLIFAX,

Colonial Secretary.

422

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 166.-The following names of successful tenderers are notified for general information:-

Government. Notification.

Particulars.

Firms.

S. 93 of 10.3.32.

Tender for permission to obtain clay from a parcel of Crown Land near Nam Hang, Taipo.

Messrs. Chi Cheong

& Co.

S. 101 of 18.3.32.

Tender for the supply of Sun Hats for

Chinese Revenue Officers.

Messrs. Fook Hing.

S. 132 of 8.4.32.

Tender for Public Bathing Shed on Crown

Land at Repulse Bay.

Mr. Tsoi Sze Kee.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 167.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89..

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

No. S. 97.

small-pox.

1932.

Port Swettenham

(F.M.S.)

Do.

8th March, 1932.

No. S. 98.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

423

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 168.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

Authority.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

DISTRICT OFFICE, TAI PO.

　No. S. 169. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m. on Thursday, the 2nd day of June, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 and 2 as Building Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Governinent Notification No. 470 of 1931, and to Special Condition No. 2 (a) and (b) in the above Government Notification and further to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Square feet. Price.

Upset Crown

Rent.

No. D. D. Lot.

1 120 3504

Un Long.

As per plan deposited in the 14,000 sq. ft.

District Office, North.

560

33.00

3505

Do.

16,100

644

37.00

423

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 168.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Small-pox.

Restriction in Force.

Shanghai.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Pakhoi.

Do.

Small-pox.

Saigon.

Do.

Authority.

Notification No. 5 of 8th January,

1932.

Notification No. 37 of 22nd January,

1932.

Notification No. 73 of 2nd February, 1932.

6th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

DISTRICT OFFICE, TAI PO.

　No. S. 169. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m. on Thursday, the 2nd day of June, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 and 2 as Building Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Governinent Notification No. 470 of 1931, and to Special Condition No. 2 (a) and (b) in the above Government Notification and further to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Square feet. Price.

Upset Crown

Rent.

No. D. D. Lot.

1 120 3504

Un Long.

As per plan deposited in the 14,000 sq. ft.

District Office, North.

560

33.00

3505

Do.

16,100

644

37.00

424

SPECIAL CONDITIONS.

　　　　1. Building covenant on each of the Lots 50 cents per square foot to be fulfilled in 2 years from date of sale, total $7,000 on Lot 3504 and $8,050 on Lot 3505, provided that notwithstanding any default by the Purchaser in complying with this condition as regards the Lots and notwithstanding any acceptance on behalf of the Crown of any Crown Rent or rates or other payment whatever, the District Officer, North, may in his discretion and on such conditions as may be approved by Government, and whether the Purchaser consent or not, fix at any time and from time to time any extended period for the completion of any of the said building in substitution for the said period of 2 years, and thereupon the obligation hereunder of the Purchaser in question to complete the said building shall be taken to refer to such substituted period, and the right of re-entry reserved in these conditions shall arise upon default of completion within such substi- tuted period as if it has been the period originally provided.

　　　　2. The Purchaser shall fill in the areas coloured red and green as shown on the sale plan to levels to be approved by the Director of Public Works, to be completed in 1 year from date of sale.

3. The Purchaser shall make his own arrangements with regard to water supply and approaches.

4. Area occupied by roads and lanes and coloured green on sale plan to be formed by the Purchaser to the satisfaction of the Director of Public Works, and handed over to Government free of cost for maintenance by Government.

5. A development plan to be submitted and approved by the District Officer, North, before any work is begun, and the work to be carried out to his satisfaction.

6. The Purchaser shall not have or be entitled to any right of access to the sea or to any right of access to any water which may be near the Lots or on which the same abuts or to any compensation whatever in the event of any reclamation being made between any part of the Lots and such sea or water and a special proviso to that effect shall be inserted in the Crown Lease of the Lots.

7. The Lots are sold subject to the right of the public at all times to load and unload any kind of vessel on and along the roads and paths bounding the Lots.

8. The Purchaser shall not divert nor fill in any creek, stream or channel within the Lots without the permission of the District Officer.

　　　9. The Purchaser shall make proper provision for the discharge of all surplus water from the Lots in such a manner as to prevent flooding or other damage to adjoining or neighbouring lands.

10. The Purchaser shall construct between the points A and B on plan a side wall of future nullah of such design and materials as may be approved by the Director of Public Works. The whole of the above works shall be completed to the satisfaction of the Director of Public Works.

　　　　11. The Purchaser shall reimburse the owner of the 1st block known as Lot No. 3463 on this reclamation, a of the total cost of the construction of the nullah wall between the points A and B of that block as shown on the sale plan.

4th May, 1932.

E. H. WILLIAMS,

District Officer, North.

425

HARBOUR DEPARTMENT.

No. S. 170.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for Repairs to No. 2 Police Launch ", will be received at the Colonial Secretary's Office until Noon of Friday, the 20th day of May, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office. The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

}

4th May, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

No. S. 171.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Service Reservoir at Taipo Market will be received at the Colonial Secretary's Office until Noon of Tuesday, the 17th day of May, 1932.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office. The Government does not bind itself to accept the lowest or any tender.

6th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 172.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 23rd day of May, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in

Annual

Sq. feet.

Rent.

Upset Price.

feet.

feet. feet.

feet.

€

About

Inland Lot No. 3454.

Tai Hang Road adjoining Inland Lot No. 2452.

As per sale plan.

30,000 550

45,000

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

6th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

No. S. 173.

426

NOTICE TO MARINERS.

No. 29 of 1932.

LIFE SAVING 'APPLIANCES.

LIST OF APPROVED MANUFACTURERS IN HONG KONG.

　　　With reference to Notice to Mariners No. S. 243 published in Government Gazette: No. 31 of 10th July, 1931, the following have been approved as Manufacturers of the

Hong Kong Standard Cork Life Jacket,

Messrs. The Hong Kong & Whampoa Dock Co., Ltd., Hong Kong.

Hong Kong, 29th April, 1932.

G. F. HOLE,

Harbour Master, &c.

SANITARY DEPARTMENT.

No. S. 148.-In accordance with section 168 of the Public Health and Buildings: Ordinance,1903, Ordinance No. 1 of 1903, it is hereby notified that the Government. proposes to erect a permanent Public Flush Latrine to replace the existing temporary İatrine situated on Crown Land adjoining Inland Lot No. 2822, Lockhart Road.

If any owner or occupier in the immediate vicinity of such site objects to such

erection, such objection must be sent in writing to the Colonial Secretary so as to reach

his office not later than Friday, the

13th day of May, 1932.

G. R. SAYER,

Head of the Sanitary Department.

22nd April, 1932.

一千九百三十二年禀遞呈布政使可也四月廿二日

月十三號禮拜五日以前須於一千九百三十二年五或屋客不願該厠所建築者廁所如有附近該處之業主水以替該處現有暫用之

之皇家地建築一永久公衆假第二千八百廿二號相連悉現政府欲在駱克道與地六十八節佈告居民人等知生及建造屋宇則例第一百三年第一條則例卽保衛民佈告事茲按照一千九百零清淨局總辦佘

憲示第一百四十八號

連地

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 6 of 1932.

Notice of Intended Dividend.

Re Charlotte Georgina Lilian Matheson late of Huntington Stubbs Road, Victoria in the Colony of Hong Kong, Widow, deceased.

first and final dividend is intended to

A be declared in this matter.

ex-

Creditors who have not proved their debts by the 7th day of June, 1932, will be cluded.

Dated the 6th day of May, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Joseph Robson Hodgson,

late of "Shanghai" Runswick, in the County of York, formerly of Ash Villa, Fairfield, Stockton on lees, in the County of Durham in the United Kingdom, deceased.

NOTICE is hereby given that the Court

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 29th day of April, 1932.

DEACONS,

Solicitors for the Executor, No. 1, Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

(COMPANIES WINDING-UP)

No. 1 of 1924.

In the Matter of the Companies Ordi-

nances, 1911-25,

and

In the Matter of the Chinese Merchants

Bauk, Limited.

NOTICE OF DIVIDEND.

NOTICE is hereby given that it is intended

to declare a Fourth and Final Dividend

in the above-matter and creditors, who have not already done so, are required on or before the 8th day of June, 1932, to send their names addresses and the particulars of their Debts or Claims and the names and addresses of their Solicitors, if any, to the undersigned, the Liquida- tor in this matter, and are also required by their Solicitors or Personally to come in and prove their Debts or Claims at the office of the Official Receiver, Supreme Court between the hours of 10 a.m. and 4 p.m., or in default thereof they will be excluded from the Benefit of any dis- tribution made before such Debts are proved.

Dated this 4th day of May, 1932.

JOHN FLEMING, c.a.,

C/O LOWE, BINGHAM & MATTHEWS,

7, Queen's Road Central,

Hong Kong.

430

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION.

ACTION No. 86 of 1932.

Between The Ho Hong Bank Ltd., Plaintiff's

and

Charlie Choa

Defendant.

NOTICE is hereby given that a Writ of Foreign Attachment against all the property movable and immovable of the above- named Defendant was issued on the 3rd day of May, 1932, returnable on the 17th day of May, 1932 pursuant to the Provisions of the Hong Kong Code of Civil Procedure.

Dated the 6th day of May, 1932.

WILKINSON & GRIST,

Plaintiff's Solicitors, 2, Queen's Road Central,

Hong Kong.

In the Matter of the Companies Ordin-

ances, 1911-1925,

and

In the Matter of the Simplex Plaster

Company, Limited.

OTICE is hereby given pursuant to Section 181, of the Companies Ordinances 1911 that a Meeting of the Creditors of the above-named Company will be held at the Office of the Liquidators, Mercantile Bank Building, Hong Kong, on Tuesday, 31st day of May, 1932, at 12 noon, for the purposes provided for in the said section.

Dated this 5th day of May, 1932.

J. FLEMING, c.a. A. RITCHIE, C.A.

Liquidators.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of William John Grainger Whiley late of Coronado in the County of San Diego California in the United States of America, de- ceased.

OTICE is hereby given that the Court has

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 19th day of May, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 29th day of April, 1931.

DEACONS,

Solicitors for the Administrator,

1, Des Voeux Road Central, Hong Kong.

In the Matter of the Companies Ordin

ances 1911-1925,

and

In the Matter of Globe Fook Cheung Electrical Supply Company, Limited.

(In Voluntary Liquidation.)

NOTICE OF FIRST DIVIDEND OF $50:00

PER CENTUM.

OTICE is hereby given that a First

Dividend of $50.00 per cent has been declared in this matter and that the same may be received at the Offices of Messrs. Russ & Co., Solicitors, Bank of Canton Building (3rd floor on Wednesday the 1st day of June, 1932, or on any subsequent date between the hours of 10 a.m. and I p.m.

Dated the 5th day of May, 1932.

K. K. WONG,

葉敢成

Liquidators.

In the Matter of the Companies Ordin--

ances, 1911-1925,

and

In the Matter of the Simplex Plaster

Company, Limited.

THE Creditors of the above named Company

are required, on or before the 7th day of June, 1932, to send in their names and addresses, with the particulars of their Debts or Claims and the names and addresses of their Solicitors (if any) to the undersigned of Mercantile Bank Building, Queen's Road Central, Hong Kong, the Liquidators of the said Company and, if so required by notice in writing from the said Liquidators are, by their Solicitors or personally, to come in and prove their said Debts or Claims at such time and place as shall be specified in such notice or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 5th day of May, 1932.

JOHN FLEMING, C.A. A. RITCHIE, C.A.

Liquidators.

(FILE No. 143 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Nrothers Tobacco Company, Limited,

CTICE is given that The Nanyang

of No. 271, Wanchai Road, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

GALLANT

山河

CIGARETTES

RANYANG BROTHERS TOB.CO.U

in the name of The Nanyany Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 6th day of April, 1932.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

431

-d

NOTICE

(FILE No. 104 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

TOTICE is hereby given that Kanegafuchi Boseki Kabushiki Kwaisha, of 1612, Sumida-machi, Minami-Katsushika-gun, Tokyo-fu, Japan, a corporation duly organized and existing under the Law of Japan and carry- ing on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks :--

(1)

人美京

(2)

(FILE No. 104 of 1932) TRADE MARKS ORDINANCE, 909.

Application for Registration of

Four Trade Marks.

NOTICE i kabushiki Kwaisha, of 1612,

OTICE is hereby given that Kanegafuchi Sumida-machi, Minami-Katsushika-gun, Tokyo- existing under the Law of Japan and carrying fu, Japan, a corporation duly organized and on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks :-

(1)

圖龍九

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim.

to be the Proprietors thereof.

The above Trade Marks have been used by the Applicants in respect of Silk Piece Goods of all kinds in Class 30.

　　　　　Representations of the above Trade Marks are deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants,

Prince's Building,

Hong Kong.

訄鐘點

(2)

(FILE No. 104 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

No OTICE is hereby given that Kanegafuchi Boseki Kabushiki Kwaisha, of 1612, Sumida-machi, Minami-Katsushika-gun, Tokyo- | fu, Japan, a corporation duly organized and existing under the Law of Japan and carrying on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

　　　　　The above Trade Mark has been used by the Applicants in respect of Articles of Clothing of all kinds in Class 38.

　　　　A representation of the above Trade Mark is deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 125 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lion & Son Knitting Factory of No. 104, Apliu Street, Shamshuipo, Hong Kong, Knitted Goods Manufacturers, have, on the 15th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark:-

LION & SON

KNITTING CO

DOG TEAR BRAND

牌贑騊

in the name of Lion & Son Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Articles of Clothing in Class 38.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 6th day of May, 1932.

LION & SON KNITTING FACTORY, No. 104, Apliu Street, Shamshuipo, Hong Kong, Applicants.

(3)

MARK OF

THE

REGISTERED

QUALITY

TRADE

(4)

MARK•

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

The above Trade Marks have been used by the Applicants in respect of Cotton Piece Goods of all kinds in Class 24.

Representations of the above Trade Marks are deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1931.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants, Prince's Building, Hong Kong.

432

NOT

(FILE No. 78 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

OTICE is hereby given that British Dyestuffs Corporation, Ltd., of Hexagon House, Brackley, Manchester. England, have, on the 7th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

(FILE No. 49 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Proprietary Agencies, Limited, of No. 179 to 181 Acton Vale, London, W., England, Manufac turers and Merchants, have on the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

MILK OF MAGNESIA

in the name of Proprietary Agencies, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of a medicinal preparation of magnesia for human use as a stomachic, and also as a tooth and mouth wash in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned. Dated the 4th day of March, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 68 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs. John Manners & Co., Ltd., No. 7, Queen's Road Central, Mercantile Bank Building, Victoria in the Colony of Hong Kong, have applied on the 27th day of February, 1932, to the Registrar of Trade Marks, for the registration in Hong Kong, of the following Trade Mark :--

DRAGON **

　　　　in the name of British Dyestuffs Corporation, Ltd., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :- Raw or partly prepared vegetable, animal and mineral substances used

in manufactures, not included in other Classes, in Class 4; Cotton yarn and sewing cotton in Class 23; and Cotton piece goods of all kinds in Class 24.

　　　　　　　　A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of May, 1932.

Trade and Shipping Returns for the month of March, 1932.

OMPILED by the Statistical

COM

　　　　　　Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5, Duddell Street.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

$18.00 10.00 6.00

For 5 lines and under,.. .$1.00 for 1st. Each additional line,

$0.20 insertion Chinese, per Character,

5 cents. Repetitions,

Half price.

Advertisement must reach this office not late

than 3 P.M.

Friday's issue.

on Thursdays for insertion in

BRAND

in the name of Messrs. John Manners & Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by applicants forthwith in Class 50 in respect of Cord, cordage, plaits (not of metal).

Facsimile of the above Mark can be seen at the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 1st day of April, 1932.

JOHN MANNERS & CO., LTD., Applicants.

(FILE NO. 250 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ho Brothers

of No. 121, Robinson Road, Victoria, Hong Kong, have, on the 16th day of July, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

HOVITZER

in the name of the said Ho Brothers, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants for the four years last past in respect of perfumery and toilet articles in class 48.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants,

Pedder Building,

Hong Kong.

(FILE No. 87 OF 1932) 'TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Central Trading Company of No. 6, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 15th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

牌中紅

中

ROLLEDOATS

行洋原中

　　in the name of The Central Trading Company, who claim to be the proprietors thereof.

　　　The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food.

　　　The Applicants disclaim the right to the exclusive use of the words " Rolled oats."

　　　A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st of April, 1932.

RUSS & CO., Solicitors for the Applicants, 6, Des Voeux Rood Central, Hong Kong.

(FILE No. 81 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark

NOTICE is hereby given that The Victoria

Battery Company of No. 187, Wing Lok Street, Victoria, in the Colony of Hong Kong, on the 8th day of March, 1932, applied for the registration in Hong Kong in the Registrar of Trade Marks, of the following Trade Mark :-

505

VICTORY

TRADE MARK REGISTEREO

UNIT CELL

FOR FLASHLIGHT

MANUFACTURED BY VICTORIA BATTERY CO.

VICTORIA CITY

THE SOLE IMPORTER

MAN CHOON SIANG CO.

BANGKOK DIAM.

433

(FILE No. 433 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Four

Trade Marks.

Trade Marks :-

(1) (2) (3)

神國

丈

仙母夫

水丸丸

(4)

in the name of the said Hip Wo Drug Company, who claim to be the sole proprietors thereof.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of January, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Chater Road,

Hong Kong.

(FILE No. 85 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Himly

Limited of No. 32, Connaught Road Central, Victoria, Hong Kong, Export and Import Merchants, have, on the 12th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

ME CLO

美加露

(FILE No. 50 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE

is hereby given that Otis Elevator Company, a corporation duly organized and existing under the laws of the State of Maine, doing business at 260 Eleventh Avenue, in the City, County and State of New York, United States of America, have on the 10th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

OTIS

(2)

in the name of Otis Elevator Company, who claim to be the proprietors thereof.

Trade Mark No. 1 has been used by the Ap- plicants since 1st. January, 1890 and Trade Mark No. 2 has been used by the Applicants since 1st. August, 1922, both in respect of the following goods :-

The two Marks are associated with each other.

Dated the 4th day of March, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 65 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hop Wo

Loong Firm of No. 172, Portland Street, Kowloon, Hong Kong, Manufactures of Wooden Casks, have on the 19th day of February, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark:-

in the name of the said Victoria Battery Com- pany, who claim to be the proprietors thereof.

　　　　The Trade Mark is intended to be used by the Applicants in respect of Electric Flash- lights Batteries in Class 8.

The Applicants disclaim the right to the ex- clusive use of all the words and figures with the excep ion of " Victory" and the firm's name and address.

　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day of April, 1932.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

in the name of The Himly Limited, who claim to be the proprietors thereof.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the under- signed.

Dated the 1st day of April, 1932.

THE HIMLY LIMITED, Applicants,

No. 32, Connaught Road Central, Hong Kong.

BRAN

HOP

TRIANGLE

W.O

LOONG

CASK S

in the name of Hop Wo Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Wooden Casks in Class 50.

The applicants disclaim the right to the exclusive use of the words " Hop Wo Loong." Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong. Dated the 4th day of March, 1932.

HOP WO LOONG FIRM, Applicants.

434

(FILE No. 91 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that David Fong

　　　　　Wong () of No. 69, Shan- tung Street, Mongkok in the Dependency of Kowloon in the Colony of Hong Kong, has on the 18th day of March, 1932, applied for the

　　　　　registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(FILE NO. 371 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Standard Laboratories, Inc., of 113 West 18th Street, New York, United States of America, Manufacturers, have on the 27th day of February, 1931. applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Sta

UTSSPLETAL

COMB

200

P20

TALEYEMAOPSIA

王王

WUENUTION

FS:

601

"Obstinate hair stay- Tombed. Prevents brit- tionese. Keeps hair seft and lustrous. Bringe hair back to natural stars after shampoging Ideal for pompa

Also excellent for women's l after shomposing, alding in curling and waving, and for

| restoring fusier to hair after

-- permanent raving, - -

Not Sticky, Net Gummy

ALLH

-STANDARD LABORATORIES INC

· NEW YORK- ST. LOUIS-LOS ANGELES!

U.S.A.

DATORVALS

שה ק!

in the name of the said David Fong Wong, who claims to be the sole proprietor thereof.

　　　　　　　The above Trade Marks have not hitherto been used but are intended to be used forthwith by the applicants in Class 38 in respect of cotton and artificial silk singlets.

　　　　　　　Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicant, Pedder Building, Hong Kong.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

in the name of Standard Laboratories Inc., who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of :·

Pomades for the hair, Toilet Articles, preparations for the teeth

and hair, perfumery and perfumed soap in Class 48. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1931.

(FILE No. 80 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that William

R. Warner & Co., Inc., of 113 West 18th Street, City and State of New. York, United States of America, have, on the 18th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

Cal-Bis-Ma

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 89 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of Frankfurt on Main, Germany, Manufacturers, have on the 16th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

Atebrin

in the name of I. G. Farbenindustrie Aktien gesellschaft who claim to be the sole pro- prietors thereof.

The Trade Mark has not hitherto been used

the Applicants but it is their intention to use same forthwith in respect of :--

in the name of William R. Warner & Co., Inc., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap-by plicants in respect of medicines and pharmaceu- tical preparations in Class 3.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

Chemical substances prepared for use in medicine and pharmacy in Class 3. A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

PRINTED AND Published by NORONHA & Co.. PRINTERS TO THE HONG Kong GovernMENT.

436

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 174. The following bills are published for general information :-

(C.S.O. 5998/29).

A BILL

[No. 28-5.5.32.-1.]

•

Short title.

New .section 4A to

Ordinance

No. 32 of 1915.

Powers of

the Governor in Council

with regard

to un-

INTITULED

An Ordinance to amend the Importation and Exportation

Ordinance, 1915.

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 Exportation Amendment Ordinance, 1932.

2. The Importation and Exportation Ordinance, 1915 is amended by the addition of the following section after section 4 thereof:

4A.-(1) It shall be lawful for the Governor in Council to exercise all or any of the following powers :-

　　　　(a) to prohibit the importation of unmanifested cargo, manifested or either generally or from any particular country or place;

unauthorised

cargo.

(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.

Objects and Reasons.

1. The powers of prohibition and regulation of importa- tion and exportation contained in sections 3 and 4 of the principal Ordinance appear to be limited to the prohibition and regulation of specific articles.

437

2. It is considered desirable to increase these powers to the extent indicated in the new section 4A.

3. Although the enforcement of the revenue laws of foreign countries is not generally a matter which concerns the authorities and courts of any place (See 17 Halsbury para. 846) the activities of smugglers frequently result in the imposition of fines on innocent shipowners, the detention of their ships and the interference with discipline among their crews, besides giving any port from which they operate a bad name and causing the imposition of unnecessary restrictions on its legitimate trade.

4. Although the new section covers all unmanifested or unauthorised cargo it is aimed rather more at the "pidgin" cargo carried by members of a crew than at the contents of passengers' luggage which can be examined with ease by the proper authorities. A power to exempt from prohibition cargo carried in passengers' luggage is therefore included among the powers conferred by the section.

May, 1932.

C. G. ALABASTER,

Attorney General.

[No. 23-18.4.32.-1.]

C.S.O. s. 5067/27 and 3596/32.

A BILL

INTITULED

An Ordinance to amend the United Kingdom Designs

(Protection) Ordinance, 1928.

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.

Short title.

Amendment

ance No. 18

2. The United Kingdom Designs (Protection) Ordinance, of Ordin 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."

S. 4.

438

Objects and Reasons.

This Ordinance amends section 4 of Ordinance No. 18 of 1928, by the addition of certain words suggested by the Secretary of State in his circular despatch of the 27th February, 1932, addressed to all Colonies and Protectorates where legislation based on the same model obtains. The amendment includes the publication of a design in Hong Kong prior to the date of the registration thereof in the United Kingdom among the grounds upon which the court is empowered, upon the application of any person who alleges that his interests have been prejudicially affected, to declare that exclusive privileges. and rights in a design have not been acquired in this Colony under the provisions of the principal Ordinance.

May, 1932.

C.S.O. 9/1259/21.

C. G. ALABASTER,

Attorney General.

[No. 17-20.4.32.-3.]

Short title.

Restriction on employ- ment on vessels of children under 14.

Registers of members

or crewS

who are under 16.

A BILL

INTITULED

An Ordinance to regulate the employment of Young Persons

and Children at Sea.

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 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.

439

4. For the purposes of this Ordinance the term "vessel" Application. 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 Penalty. Ordinance shall be liable, on summary conviction, to a fine not exceeding two hundred and fifty dollars.

clause.

6. This Ordinance shall not come into operation unless Suspending 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.

Objects and Reasons.

1. On the 9th July, 1920, a general conference of the International Labour Organization of the League of Nations adopted a Convention fixing fourteen years as the minimum age for admission of children to employment at sea, except in school ships and training ships and in vessels upon which only members of the same family are employed, and requiring shipmasters to keep a register of all persons under sixteen years of age.

•

2. Under Article 421 of the Treaty of Versailles it is necessary to apply the Convention to the Colony subject to such modifications as may be necessary to adapt the Convention to local conditions.

3. Section 2 gives effect to Articles 2 and 3 of the Convention, with a proviso relating to native vessels similar to one enected or contemplated in East African Dependencies.

4. Section 3 gives effect to Article 4 of the Convention.

5. Section 4 adopts the definition of "vessel" given in Article 1 of the Convention.

6. Section 5 provides the penalties and section 6 is the suspending clause usual in the case of an Ordinance relating to Merchant Shipping.

May, 1932.

C. G. ALABASTER,

Attorney General.

440

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 175.-It is hereby notified that information has been received from the Eastern Bureau, League of Nations, Singapore, to the effect that Quarantine Restrictions against Hong Kong were declared by the Straits Settlements Government on account of Cerebro-Spinal Meningitis on 28th April, 1932.

13th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT

　　　No. S. 176.-It is hereby notified that information has been received from the Eastern Bureau, League of Nations, Singapore, to the effect that Quarantine Restrictions against Hong Kong were declared by Port Swettenham (Federated Malay States) on account of Cerebro-Spinal Meningitis on 29th April, 1932:

E. R. HALLIFAX,

13th May, 193 ?.

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 177.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Saigon.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

13th May, 1932.

Authority.

Notification No. 73 of 2nd February, 1932.

E. R. HALLIFAX,

Colonial Secretary.

441

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 178.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Philippine Ports.

•

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Port Swettenham

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port Swettenham. (F.M.S.)

Do.

29th April, 1932.

No. S. 176.

13th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

FIRE BRIGADE DEPARTMENT.

No. S. 179.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Repairs to No. 1 Fire Float", will be received at the Colonial Secretary's Office until noon of Friday, the 20th day of May, 1932.

Specifications can be obtained at the Government Marine Surveyor's Office.

Repairs to be executed to the satisfaction of the Government Marine Surveyor. The Government does not bind itself to accept the lowest or any tender.

T. H. KING, Chief Officer, Fire Brigade.

13th May, 1932.

442

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

　　　No. S. 180.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the purchase of Unserviceable Stores, K.C.R.", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of May, 1932.

　　　Each tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out the whole or any portion of his tender which shall be accepted.

Tenders will be accepted for either the whole or any part of the list of articles, full particulars of which may be obtained on application at the Head Offices, Kowloon-Canton Railway at Kowloon.

The Government does not bind itself to accept the highest or any tender.

ROBERT BAKER, Manager & Chief Engineer.

13th May, 1932.

HONG KONG VOLUNTEER DEFENCE CORPS.

No. S 181.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Clothing, H.K.V.D.C.", will be received at the Colonial Secretary's Office until Noon of Monday, the 23rd day of May, 1932 for the supply and delivery of Clothing required by this Unit, up to the 31st May, 1933.

Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of Dollars Fifty ($50) as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderer refuse or fail to carry out the whole or any portion of the tender, which may be accepted. The deposit will be returned to any tenderer whose tender is not accepted.

　　　For form of tender and further particulars apply to the Adjutant, Hong Kong Volunteer Defence Corps, Headquarters, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

13th May, 1932.

W. H. G. GOATER, Captain,

Adjutant, H.K.V.D. Corps.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 182.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training at Stanley", will be received at the Colonial Secretary's Office until Noon of Monday, the 30th day of May, 1932, for training nullahs in the Stanley Peninsula.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

13th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

443

PUBLIC WORKS DEPARTMENT.

SALE OF OLD MATERIAL.

　No. S. 183.-The Public Works Department is prepared to receive Tenders for the purchase of a quantity of old Material comprising:

　Brass, Bronze, Copper, Lead, Cast Iron, Wrought Iron and Steel Scrap; M.S. Bars, W.I. Waterpipes and fittings, Iron Chains, Glass, Cable Wire, V.I.R. Wire, Canvas Hose, Packings, Electrical goods including Desk Fans, Ceiling Fans, Transformers, Lamps, W.T. Valves, Telephones, Insulators, etc., etc.,

Spare Parts for 20 H.P. Ford Truck.

Worthington Water and Steam Pumps.

Sanitary goods, including W.C. Suite (European), W.C. Cisterns, S.W. Sink,

Lavatory Basin, European Baths, Flushing Cisterns etc.,

A quantity of Miscellaneous Stores.

　The material can be seen at the places named in the Specification, and, as each lot must be taken as it lies, intending offerers are requested to inspect same before tender- ing.

　Tender may be for all or any portion of the material specified, but EACH LOT MUST BE OFFERED FOR SEPARATELY.

　Delivery will be made free at the place where the material is lying. All cartage charges to be paid by the purchaser.

Terms of payment:-Net cash before delivery, payable to the Colonial Treasury.

　Each tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of $10 (dollars ten) as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out to the satisfaction of the Government any tender which shall be accepted.

The deposit shall be returned to any tenderer whose tender is not accepted and to the successful tenderers on payment into the Colonial Treasury of the sum tendered and accepted.

The Government does not bind itself to accept the highest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the tender.

Tenders in duplicate (WHICH MUST BE MADE ON OFFICIAL FORM ONLY) under cover marked "TENDER FOR OLD MATERIAL, P.W.D.", to be lodged at the Colonial Secretary's Office, not later than Noon of Wednesday, 25th May, 1932, and must remain open for twenty one days after that date, if required.

For form of tender and further particulars apply at the Office of Superintendent of Accounts and Stores, Public Works Department.

12th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

444

DISTRICT OFFICE, SOUTH.

No. S. 184.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 27th day of May, 1932.

　　　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $900.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Upset

Crown

Price.

Rent.

Ping Chau Island, Lot No. 300.

Ping Chau.

1,100

13th May, 1932.

No. S. 185.

Subject to readjustinent as provided by the Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

NOTICE TO MARINERS.

No. 32 of 1932.

Until further notice a hydrographical survey will be carried out within the follow- ing area:

Bounded to the North by Lat. 22° 18'1' N.

South by Hong Kong Coast Line. East by Long. 114° 91' E.

West by Long. 114° 8' E.

squares whose sides will run N. and S.; Sampans with red flag will be stationed Shipping is warned to give sampans a

The survey will be conducted in a series of E. and W. Sides of squares will be 1,000 feet. at intervals along two of the sides of a square. wide berth and is prohibited from passing between the sampans flying a red flag.

This notice supersedes Notice to Mariners No. S. 30 published in Government Gazette dated 15th January, 1932.

Hong Kong, 9th May, 1932.

G. F. HOLE,

Harbour Master, &c.

IN THE SUPREME COURT

OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 18 of 1932.

In the Matter of the Tungar Press Company, Limited (and Reduced).

and

In the Matter of the Companies Ordinances 1911 to 1915 and any amendments or additions made there-under.

OTICE is hereby given that a Petition presented to the Supreme Court of Hong Kong on Thursday the 28th day of April, 1932, for confirming the reduction of the capital of the above-named Company from $300,000.00 to $82,500.00 is directed to be heard before His Honour Sir Joseph Horsford Kemp, Kt., C.B.E., Chief Justice, on Monday the 6th day of June, 1932.

　　　Any creditor or shareholder of the Company desiring to oppose the making of an Order for the reduction of the capital of the said Com- pany under the above Ordinances should appear at the time of hearing by himself or his Counsel for the purpose.

A copy of the Petition will be furnished to any creditor or shareholder, of the Company, requiring the same, by the undersigned on pay- ment of the regulated charges for the same.

Dated this 13th day of May, 1932.

A. E. HALL AND COMPANY, Solicitors for the above-named Company.

THE TAI TSUNG TUNG COMPANY, LIMITED.

(IN LIQUIDATION).

TOTICE is hereby given pursuant to Section 181 of the Companies' Ordin- ances 1911 that a Meeting of Creditors of the abovenamed Company will be held at the Registered Office of the Company at No. 234, Shanghai Street, Yaumati, Kowloon in the Colony of Hong Kong, on Monday the 6th day of June, 1932, at 2 o'clock p.m., for the purposes provided for in the said section.

Dated the 6th day of May, 1932.

盧漢興

Liquidator.

THE TAI TSUNG TUNG COMPANY, LIMITED.

EXTRAORDINARY RESOLUTION,

Tan Extraordinary General Meeting of A the members of the above-named Com- pany, duly convened and held at its Registered Office of No. 234, Shanghai Street, Yaumati, Kowloon in the Colony of Hong Kong, at 7 o'clock p m., on the 6th day of May, 1932, the following Resolution was passed as an Extra- ordinary Resolution :-

(A) of No. 5, Wing

Kat Street, Victoria in the Colony of Hong Kong, be and he is hereby appointed Liquidator for the pur- poses of such winding-up.

Dated this 6th day of May, 1932.

周頌朋

Chairman.

447

NOTICE.

IN of 3 of the

N pursuance of Section 3 of the Fraudulent

of 1923, Notice is hereby given that P. Partabrai of Victoria in the Colony of Hong Kong, carry- ing on business under the style or firm name of Mahtani Silk Store at No. 37, Queen's Road Central, (ground floor), Victoria, aforesaid, dealer in silk wearing apparel, shawls, etc., (hereinafter called "the transferor") is desirous of transferring the said business of the said Mahtani Silk Store to P. Shewaram (who is the transferee) of No. 43A, Wyndham Street, Victoria, aforesaid, on the 10th day of June,

1932.

The Transferee intends to carry on the said business at No. 37, Queen's Road Central, Victoria, aforesaid, and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 9th day of May, 1932.

P. PARTABRAI,

PROPRIETOR OF MAHTANI SILK STORE,

Transferor,

and

P. SHEWARAM,

Transferee.

THE CHINA FIRE INSURANCE

COMPANY, LIMITED.

OTICE is hereby given that an Extra- ordinary General Meeting of The China Fire Insurance Company, Limited will be held at the Registered Office of the Company, Union Building, Victoria, Hong Kong immediately after the conclusion of the Annual General Meeting, which takes place on Friday the 27th May, 1932, at 11.15 a.m., when the subjoined Resolution will be proposed :-

That it is desirable to capitalise a sum of $1,600,000 being part of the undivided profit of the Company standing to the credit of the Extra Reserve Fund and for that purpose:-

(a) Should the Hong Kong Dollar equivalent of the Extra Reserve Fund on the 13th June, 1932 be not of the value of $1,600,000 then there shall be transferred from the Re-insurance Fund to the Extra Reserve Fund such a sum as will with the amount now standing to the credit of the Extra Reserve Fund make up the sum of $1,600,000. (b) A call of $80 per share is hereby made on the shareholders of the Company appearing on the Register of shareholders on the 27th May, 1932 and such call shall be payable on the 13th June, 1932 to the General Manager at the Registered Office of the Company.

(e) That for the purpose of paying the aforesaid call of $80 per share a special dividend of $80 per share is hereby declared payable on the 13th June, 1932, and that such special dividend be applied behalf of the shareholders by the Directors in satisfaction of the call of $80 per share.

Dated this 11th day of May, 1932.

By Order of the Board,

PAUL LAUDER, General Manager.

IN THE SUPREME COURT OF

HONG KONG,

ORIGINAL JURISDICTION.

ACTION No. 86 of 1932.

Between The Ho Hong Bank Ltd., Plaintiff's

and Charlie Choa Defendant.

NOTICE is hereby given that a Writ of

Foreign Attachment against all the property movable and immovable of the above- named Defendant was issued on the 3rd day of May, 1932, returnable on the 17th day of May, 1932 pursuant to the Provisions of the Hong Kong Code of Civil Procedure.

Dated the 6th day of May, 1932.

WILKINSON & GRIST, Plaintiff's Solicitors, 2, Queen's Road Central, Hong Kong.

(FILE No. 143 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTIC

CTICE is given that The Nanyang Brothers Tobacco Company, Limited, of No. 271, Wanchai Road, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

GALLAN

CIGARETTES

RANYANG BROTHERS TOB.CO.LTD)

in the name of The Nanyang Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 6th day of May, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

(FILE No. 129 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTIC dell of New York, United States

OTICE is hereby given that Daggett &

of America. Manufacturers and Marketers of Cosmetics, have on the 19th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

DAGELLE

448

(FILE No. 141 of 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Wong Pok

Chai of No. 231, (first floor), Queen's Road West, Hong Kong and No. 178, (first floor), Shanghai Street, Yaumati, Kowloon, Hong Kong, has on the 30th day of April, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(FILE No. 135 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that California Fruit Growers Exchange of 607, South Hill Street, Los Angeles, California, U.S.A., have, by an application dated the 3rd day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Exchange

(3)

(4)

(5)

DAGGETT

RAMSDELL

VIVATONE

HA-KOL

in the name of Daggett & Ramsdell, who claim

to be the proprietors thereof.

　　　　　　　Trade Marks Nos. 1, 2 and 3 have been used by the Applicants since 10th. October, 1929, and Trade Mark No. 4 has been used by the Applicants since 16th. November, 1928, all in respect of the following goods :-

Vegetable, animal and mineral substances in their natural state or elaborated, for preparation and manufacture of cosme- tics, toilet creams, cold cream, vanishing cream, cleansing cream, skin tonic, astringent, toilet lotions, toilet powders, toilet perfumes, make-up toiletries, manicure toiletries, hairdressing toile- tries, body toiletries, oral hygiene pre- parations, bath salts, beauty clay, eye wash, headache cologne, powder puffs, absorbent powder puffs, cleansing tissue, shaving cream and soap, in Class 48. Trade Mark No. 5 has been used by the Applicants since 18th. December, 1914, in respect of the following goods :-

Medicated preparations for human use in the treatment of headaches, neuralgia and similar pains resulting from exposure, exhaustion, fatigue, worry, anxiety, insomnia, mental strain,. nervous de- pression, car-sickness and sea-sickness, in Class 3.

　　　　　　The Applicants disclaim the right to the exclusive use of the letters "d and r" appearing on Marks Nos. 2 and 3 otherwise than as appearing on the Marks.

Dated the 13th day of May, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong.

(1)

CARPLINE

寶靈

(2)

CROCODILE BRAND

牌魚鱈

(3)

博黄

FATA

齊

in the name of Wong Pok Chai, who claims to to be the proprietor thereof.

Trade Mark No. 1 has been used by the applicant in respect of Ointment in Class 3 since 1923, and Trade Marks Nos. 2 and 3 are intended to be used forthwith by the applicant in respect of Medicines and Medicated Articles in Class 3.

Dated the 13th day of May, 1932.

WONG POK CHAI,

No. 231, (1st. floor), Queen's Road West,

Hong Kong, Applicant.

in the name of the

said California Fruit Growers Exchange, who claim to be the pro- prietors thereof.

The above Mark has been used by the Ap- plicants in respect of concentrated fruit juices, dried and unconcentrated fruit juice, extracts and flavors used in the manufacture of non-

alcoholic beverages, carbonated and

non-

carbonated beverages, pectin and solutions and preparations containing pectin, citrus oils and citrus acid in Class 42 since June, 1928.

The Applicants disclaim the right to the

exclusive use of the letter "X."

Dated the 13th day of May, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors and Agents for the Applicants.

(FILE No. 138 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

NOTICE is hereby given that Sing Chow

Electric Factory of Watson Road, Cause-

way Bay, Hong Kong, have on the 26th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

星洲厰

光亮電珠

廠

in the name of Sing Chow Electric Factory,

who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Flashlight Bulbs in Class 15.

Representations of the Trade Mark are de posited for inspection in the Office of the Registrar of Trade Marks and also of the under- signed.

The applicants disclaim the right to the exclusive use

characters of the Chinese

(光亮電珠)

Dated the 13th day of May, 1932.

SING CHOW ELECTRIC FACTORY, Watson Road, Causeway Bay,

Hong Kong,

Applicants.

449

(FILE No. 375 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

•

NOTICE is hereby given that Courtaulds, Limited, of 16, St. Martin's-le-Grand, London, England, Spinners and

Manufacturers, have on the 6th day of August, 1931, applied for the registration in Hong Kong, in the

司公限有絲製氏爾托可國英

in the name of Courtaulds, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forth- with in respect of :-

Artificial silk piece goods, threads and yarns in Class 50.

　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

DEACONS, Solicitors for the Applicants. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 114 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that B.M.E.A. (Textiles) Limited of 3 Piccadilly, Bradford, Yorkshire, England on the 3rd day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

Queen Brands

FINE QUALITY

DOUBLE KNITTING YARN

(2)

寶单

(3)

B. M, E. A. ITEXTILES) LTD.

HONGKONG.

(4)

WHITE GOOSE BRAND

FINE QUALITY DOUBLE KNITTING YARN

香港魂惠寶洋行

【香港德惠寶洋行

香港適閲智洋行

英國機戸華公司

英國機戶聯華公司

(5)

嘜子燕雙

標

商

(6)

英國機戸

國英

BME.A (TEXTILES) LTD.. HONGKONG

妙光電等

特色

in the name of the said B.M.E.A. (Textiles) Limited, who claim to be the proprietors thereof.

The following Trade Marks have been used by the Applicants as follows:-

"Queen Brand" in respect of Knitting Yarns of Wool in Class 33.

Crown Brand

2 Crowns Brand" 3 Lions

Cotton Yarns in Class 23.

23. 23.

Cotton Piece Goods in Class 24.

Yarns of Wool Worsted or Hair in Class 33. Woollen and Worsted Piece Goods in Class 34.

The following Trade Marks are intended to be used by the Applicants as follows:-

2 Swallows Brand" in respect of Cotton Yarns in Class 23.

White Goose "

Dated the 13th day of May, 1932,

Knitting Yarns of Wool in Class 33.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

450

(FILE NO. 134 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 130 of 1932)

TRADE MARKS ORDINANCE, 1909.

OTICE is hereby given that The Crystal Chemical Company Inc., of N

　　　　　　　　Willis Avenue and East 134th Street, New York, U.S.A., have by an application dated the 23rd day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

Application for Registration of a Trade Mark.

OTICE is hereby given that Fr. Küttner Germany, Manufacturers, have on the 19th day Aktiengesellschaft of Sehma, Thuringen, of April, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

FR. KÜTTNER AKTIENGESELLSCHAFT

Artificial Silk Spinning Works PIRNA and at SEMMA Germany Küttner's Viscose Art. Silk Yern ,,KASEMA"

DOOR GIRL

KASIEMA

mdenlers 10 16$

in the name of the said Crystal Chemical Company Inc., who claim to be the proprietors thereof.

　　　　　　　　The above Mark has been used by the Applicants in respect of Face powders, rouges, lipstick, vanishing creams, cold creams, face creams, shampoos, skin balms, wave lotions, skin foods, soaps, etc., that is, in general, cosmetics of all types, in Class 48 since 15th January, 1928.

Dated the 13th day of May, 1932.

(FILS No. 133 of 1932)

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the Applicants.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Asiatic Petroleum Company, S. China), Limited, of St. Helens Court, Great St. Helens, London, England, on the 2nd day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

AEROSHELL

(FILE No. 136 OF 1932) TRADE MARKS ORDIŅANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Ming

in the name of Fr. Küttner Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Artificial Silk Yarn in Class 50.

A facsimile of such Trade Mark can be seen. at the offices of the Registrar of Trade Marks. of Hong Kong and of the undersigned.

Dated the 13th day of May,

1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong bong.

(FILE No. 110 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Butterfly Company of No. 139, Bonham Strand East, Hong Kong, have on the 8th day of April, 1932, applied for the registration in Hong

Nah What Works of Nos. 50 to 60, Kong, in the Register of Trade Marks, of the

Percival Street, Victoria in the Colony of Hong Kong, have on the 23rd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz :-

MING

WAH

THE

METAL

TRADE MARK

WORKS

following Trade Mark :-

BUTTERFLY Co.,

HONG KONG

TRADE

MARK

in the name of the said Asiatic Petroleum Co., (S. China) Ltd., who claim to be the proprietors thereof.

　　　　　　　The Trade Mark is intended to be used by the Applicants in respect of the following goods:-

Candles, Common Soap, Detergents,

Illuminating, Heatingor Lubricating Oils, Matches, and Starch, Blue and other preparations for laundry pur- poses in Class 47.

　　　　　　　　This Mark is to be associated with Trade Mark No. 286 of 1929.

Dated the 13th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

SPOT-LIGHT

in the name of The Ming Wah Metal Works, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8 in respect of Flash- lights or electric torches and flashlight batteries.

The applicants disclaim the right to the exclusive use of the word "Spot-Light".

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

利得必

in the name of Butterfly Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Felt Hats in Class 38.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of April, 1932.

BUTTERFLY COMPANY,

No. 139, Bonham Strand East, Hong Kong, Applicants.

(FILE No. 95 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

451

(FILE No. 83 OF 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Lee Chai

行葯濟利

FILE No. 376 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Nagao Goshi Kaisha of 2-11 Shiba Park, Shibaku, Tokyo, Japan, have on the 2nd day of Novem- ber, 1931, applied for registration in Hong Kong of the accompanying Trade Mark:-

WAKAMOTO

Chateau

in the name of Chateau Cheese Comapny, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Cheese, dairy products, confectionery, foods and ingredients of foods in Class 42.

　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 8th day of April, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

(FILE No. 97 of 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

OTICE is hereby given that Stanco Incor- porated, of Wilmington, Delaware,

United States of America, have on the 31st. day

of March, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

Extane

(2)

TRI-RAD

in the name of Stanco Incorporated, who claim

to be the Proprietors thereof.

　　　Trade Mark No. 1 has bee used by the Ap- plicants since 9th. September, 1931, in respect of the following goods :

Chemicals, petroleums, abrasive and de-

tergent materials, cleaners, and re- movers of spots and stains, in Class 47.

Trade Mark No. 2 has been used by the Ap- plicants since 23rd November, 1931, in respect of the following goods :-

Chemical preparations, anti-corrosives, leak stopping compounds, radiator cleaners, and rust preventives in Class 1.

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

牌話電

in the name of Lee Chai Medicine Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Patent Medicines in Class 3.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 11th day of April, 1932.

LEE CHAI MEDICINE FIRM, Applicants.

(FILE No. 94 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of a Trade Mark.

NOTICE is hereby given that the Poon Sui Cheong firm() of No. 289, Queen's Road Central, Victoria in the Colony of Hong Kong, Manufacturers of Tooth Brushes and Toilet Brushes, have, on the 24th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

佛山膰瑞昌

牌刀

in the name of the Poon Sui Cheong firm, who claim to be the proprietors thereof.

by the Applicants, but it is their intention so The Trade Mark has not hitherto been used

to use it forthwith, in respect of the following goods :-

Tooth Brushes and Toilet Brushes in

Class 50.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of April, 1932.

WOO AND NASH, Solicitors for the Applicants, 4, Queen's Road Central,

Hong Kong.

in the name of the said Nagao Goshi Kaisha, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Medicines and drugs, medical accessories and Chemicals in Class 3.

Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 16th day of April, 1931.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE NO. 321 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that James H. Backhouse Limited of 1A Chater Road, Victoria, in the Colony of Hong Kong, have on the 17th day of September, 1931, applied for the registration of the accompanying Trade Mark:-

12 to

行洋勝永

in the name of James H Backhouse Limited, who claim to be the proprietors thereof.

The Trade Mark has already been used by the applicants in Class 23 in respect of cotton yarn.

The application is limited to the colour shown on the the Mark.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of April, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

452

(FILE No. 24 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTI CE is hereby given that The Bakilly Company, Limited, whose

Trade Marks:-

(1)

(FILE NO. 29 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Trade Mark.

Hing Firm of No. 4, Ko Shing Street,

OTICE is hereby given that Yu Lan

Hong Kong, have, on the 1st day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Yeong Sheung

THE BAKILLY COLD,

YUK

YeƆNG SHEUNG

FACE CREAM BEAUTIFIES

AND SUFTENS

THE SHEN

Yutz

Yeong Shoung

THE BAKILLY CO.LD.

TUK

YEONG SHEUNG

FACE CREAM

AN EXCELLENT

BATE FOR

FACE POWDER

THE BAKILLY'S HAIR DRESSING THAT DRESSES THE HAIR EETTER

AND KEEPS

IT DRESSED

LONGER

ANY STYLE

牌

BAKILLY

(2)-

MANUFACTURED BY

THE BAKILLY CO., LTD

HONGKONG & CANTON, CHINA

Dreling

AZWNKKE

મા

刮家

固

吉

天

記粱嘜喜雙

HHTA

PAR ZE IT UT # 2 M* UKSFERMA

in the name of Yu Lan Hing Firm, who claim to be the proprietors thereof.

Such Trade Mark has been used by Yu Lan Hing Firm in respect of Chinese Joss Sticks in Class 50 since the last 4 years.

Facsimiles of such Trade Mark can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

The applicants disclaim the right to the use of the Chinese characters

exclusive

·(天吉馨)

Dated the 11th day of March, 1932.

YU LAN HING FIRM,

No. 4, Ko Shing Street,

Hong Kong, Applicants.

(3)

HOMES

Homes

PERFUMER

(4)

Jasel

Lotion

BAKILLY CO., LTD

　　　　　in the name of The Bakilly Company, Limited, who claim to be the pro- prietors thereof.

The above Trade Marks have been used by the applicants in Class 48 in respect of the following goods:

Trade Marks No. 1 in respect of Face Cream. Trade Mark No. 2 in respect of Hair Dressing.

Trade Marks Nos. 3 and 4 in respect of Hair Lotion.

The applicants disclaim the right to the exclusive use of the words "Hair Dressing" on Trade Mark No. 2.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 11th day of March, 1932.

THE BAKILLY COMPANY LIMITED, Nos. 153 & 155, Des Voeux Road Central, Hong Kong, Applicants.

(FILE No. 92 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Mount Vernon- Woodberry Mills, Incorporated, of Con- tinental Trust Building, Baltimore, Md, U.S.A., have on the 21st. day of March, 1932, applied for registration, in Hong Kong, in the Register of Trade marks, of the following Trade Mark :-

WOODBERRY

U.S.ARMY DUCK

in the name of Mount Vernon-Woodberry Mills, Incorporated, who claim to be the Proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 1862. in respect of the following goods:

Cotton Duck, in Class 24.

The Trade Mark is associated with Trade Mark No. 147 of 1924, and the Applicants disclaim the right to the exclusive use of the Words "U. S. Army Duck."

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

453

(FILE No. 97 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Chan Chun

Lan Firm No. 103, Queen's Road Cen- tral, Hong Kong, Tea and Tobacco Merchants, has, by two applications dated the 31st day of March, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

REGULATIONS OF HONG KONG

1844-1925

商標

(2)

XRAM

ЗОЛЯТ

in the name of Chan Chun Lan Firm, who claim to be the proprietors thereof.

Trade Mark No. (1) has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Cigarette Paper in Class 39.

Trade Mark No. (2) has been used by the applicants in respect of China Tea in Class 42 since 1926.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of April, 1932.

CHAN CHUN LAN FIRM, No. 103, Queen's Road Central, Hong Kong, Applicants.

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

寳

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year, Three months,

(do.), (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

.$1.001 for 1st. .$0.20 ƒ insertion 5 cents. Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

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

456

LEGISLATIVE COUNCIL.

No. S. 186. The following Bills were read a first time at a meeting of the Council held on the 19th May, 1932:-

C.S.O. 1 in 4922/31.

A BILL

[No. 12-1.3.32.-1.]

Short title.

Amend ment of Ordinance

No. 12 of

INTITULED

An Ordinance to amend the Vaccination Ordinance, 1923

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

1923, ss. 22, Vaccination Ordinance, 1923.

23 and 24.

Objects and Reasons.

The Head of the Sanitary Department. ceased to be Registrar of Births and Deaths under section 3 (2) of the Births and Deaths Registration Ordinance (No. 7 of 1896) when that Ordinance was amended by Ordinance No. 26 of 1931. This Ordinance makes consequential amendments in the Vaccination Ordinance, 1923.

-March, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O. 3851/30.

457

[No. 22:-18.4.32.-1.]

A BILL

INTITULED

An Ordinance to amend the Employers and Servants Ordinance,

1902.

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 tion of 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.

determina-

to be determined by magis- trate.

£.f. Ord. No. 3 of 1890.

Repeal of 7, 18 and

ss. 13, 16,

21 and part of

s. 25 of Ordinance No. 45 of 1902.

Objects and Reasons.

C. G. ALABASTER,

Attorney General.

April, 1932.

C.S.O. 3377/14.

458

[No. 26-28.4.32.-1.}

Short title.

Substitution for Ordin- ance No. 1 of 1862,

s. 6.

Penalty for act prohibited by pro- clamation.

A BILL

INTITULED

An Ordinance to amend the Military Stores (Exportation)

Ordinance, 1862.

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 :-

Objects and Reasons.

و,

3. An Order of His Majesty in Council is not an Ordinance. Moreover, the reference to the Amending Order in Council of 1914, was inserted in Ordinance No. 1 of 1862 by Ordinance No. 3 of 1915; but since then an amending Order in Council of 1916 was published in the Hong Kong Government Gazette of the 12th May, 1916. Such Orders in Council are amended from time to time and occasionally replaced by a consolidation Order.

459

―

April, 1932

C. G. ALABASTER,

Attorney General.

C.S.O. 4/4299/32.

[No. 19:-5.4.32.-1.]

A BILL

INTITULED

An Ordinance to amend the law relating to the Registration

of Births and Deaths.

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.

of Ordin-

2. Sub-sections (2) and (3) of section 11 of the Births Amendment and Deaths Registration Ordinance, 1896, as amended by ance No. 7 section 5 of the Births and Deaths Registration Amendment of 1896, Ordinance, 1931, are repealed and the following sub-sections Ordinance

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.

s. 11.

No. 26 of 1931.

Schedule, Forms Nos. 5,

No. 7 of

3. In Forms Nos. 5 and 6 in the Schedule to the Births Amendment and Deaths Registration Ordinance, 1896, as amended by of Ordinance section 10 of the Births and Deaths Amendment Ordinance, 1896. 1931, the words "Fee $2.50" are deleted and the words Schedule, "Fee $2.50 (or $1 if issued within 42 days of the birth of 5 & 6. the child)" are substituted therefor in each Form.

Forms

- 460

Objects and Reasons.

1. Under section 9 of the Registration of Births and. Deaths Ordinance it is the duty of the father or mother or in the case of death, illness, absence, or inability to attend of the father or mother the occupier of the house in which the child has been born, or any one present at the birth to give the necessary information to the Registrar within 42 days of birth.

5. In each case the father is penalised for something he is not responsible for and naturally he objects.

April, 1932

C. G. ALABASTER,

Attorney General.

C.S.O. 9/1259/21.

461

[No. 17 :-- 20.4.32.-3.]

A BILL

INTITULED

An Ordinance to regulate the employment of Young Persons

and Children at Sea.

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 Short title. Young Persons and Children at Sea Ordinance, 1932.

vessels of

ment on

children under 14.

2. Children under fourteen years of age shall not be Restriction employed or work on vessels, other than vessels upon which on employ- 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 nothing in this section shall 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.

of members

or crews

3. The master of every vessel registered or licensed in Registers the Colony shall keep a register, in a form supplied or approved by the Harbour Master, of all persons under the age of sixteen who are years employed by him on board his vessel, or a list of them in the articles of agreement, and the dates of their births.

under 16.

5. Any person who contravenes any provision of this Penalty. 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 Suspending and until the Governor notifies by Proclamation that it is His clause. 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.

Objects and Reasons.

462

2 Under Article 421 of the Treaty of Versailles it is necessary to apply the Convention to the Colony subject to such modifications as may be necessary to adapt the Convention to local conditions.

3. Section 2 gives effect to Articles 2 and 3 of the Convention, with a proviso relating to native vessels similar to one enected or contemplated in East African Dependencies.

4. Section 3 gives effect to Article 4 of the Convention.

5. Section 4 adopts the definition of "vessel" given in Article 1 of the Convention.

6. Section 5 provides the penalties and section 6 is the suspending clause usual in the case of an Ordinance relating to Merchant Shipping.

May, 1932.

C. G. ALABASTER,

Attorney General.

(C.S.O. 5998/29).

[No. 28:--5.5.32.-1.]

Short title.

New section 4A to Ordinance No. 32 of 1915.

Powers of the Governor in Council

with regard

to un-

A BILL

INTITULED

An Ordinance to amend the Importation and Exportation

Ordinance, 1915.

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 Exportation Amendment Ordinance, 1932.

2. The Importation and Exportation Ordinance, 1915 ist amended by the addition of the following section after section. 4 thereof

4A. (1) It shall be lawful for the Governor in Council to exercise all or any of the following powers:--

(a) to prohibit the importation of unmanifested cargo, manifested or either generally or from any particular country or place;

unauthorised

cargo.

(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;

463

(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.

Objects and Reasons.

1. The powers of prohibition and regulation of importa- tion and exportation contained in sections 3 and 4 of the principal Ordinance appear to be limited to the prohibition. and regulation of specific articles.

2. It is considered desirable to increase these powers to: the extent indicated in the new section 4A.

May, 1932.

C. G. ALABASTER,

Attorney General.

C.S O. s. 5067/27 and 3596/32.

464

[No. 23:-18.4.32.-1.]

Short title.

Amendment of Ordin-

ance No. 18 of 1928, s. 4,

A BILL

INTITULED

An Ordinance to amend the United Kingdom Designs

(Protection) Ordinance, 1928.

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."

Objects and Reasons.

This Ordinance amends section 4 of Ordinance No. 18 of 1928, by the addition of certain words suggested by the Secretary of State in his circular despatch of the 27th February, 1932, addressed to all Colonies and Protectorates where legislation based on the same model obtains. The amendment includes the publication of a design in Hong Kong prior to the date of the registration thereof in the United Kingdom among the grounds upon which the court is empowered, upon the application of any person who alleges that his interests have been prejudicially affected, to declare that exclusive privileges and rights in a design have not been acquired in this Colony under the provisions of the principal Ordinance.

May, 1932.

C. G. ALABASTER,

Attorney General.

465

[No. 7:-17.3.32.-4.]

A BILL

INTITULED

An Ordinance to provide for the incorporation of the Directors of the Chinese Young Men's Christian Association of Hong Kong.

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 (坤霖) (#) Cheuk Yan Ko () Cheung Po Shu (張寶樹) Kwok Pui Cheung(郭佩璋) Lam Tsz Fung (林子豐) Ngan Kwan Yu (顏君裕) Wan Hu Shing (尹耀聲) Wong Kwok Shuen (王國) Wong Mann Kwong (Ex) Wong Oi Tong (E) Wong Sum Kan (黃森勤) Yip Tai Ching (葉大楨) Ngan Shing Kwan () Kaan Tai Choi (M) and Ma Man Fai (馬文輝).

4.-(1) The corporation shall have power to acquire, Powers of accept leases of, purchase, take, hold and enjoy any lands, corporation. 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.

466

Execution

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- of documents. 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.

Internal

manage- ment.

Saving of the rights of the

Grown and of certain other

persons.

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

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."

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.

467

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 e 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 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.

(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.

ری

468

(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.

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.

(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.

(j) To enact and promulgate regulations, not contrary to the Constitution, for the management of Branches, Depart- ments, and other Sections of the Association.

469

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.

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.

ARTICLE VII.-BRANCHES.

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.

Objects and Reasons.

470

Short title.

Incorpora- tion.

A BILL

INTITULED

[No. 8-11.3.32.-4.]

An Ordinance to provide for the incorporation of St. Stephen's

College.

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 College Incorporation Ordinance, 1932.

the St. Stephen's

2.-(1) The Council for the time being as hereinafter 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.

471

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.

3.-(1) The Warden shall be appointed and may be Appointment removed by the Church Missionary Society upon the recom- of Warden. 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, Member of the Council.

be a

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.

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.

•

(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.

documents.

5. All deeds and other instruments requiring the Execution of 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 Vesting of

Property. 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

Fower

to make

472

―

thereto belonging or usually held occupied or

　　　　　　　　　　　　　　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.

(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.

Saving of the rights of the

Crown and of certain other

persons.

Any regulations made by the Council shall be filed with the Registrar of Companies.

(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.

8. 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 persons except such as are mentioned in this Ordin- ance and those claiming by from or under them.

งา

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.

473

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.

(e) To appoint a Treasurer, a Secretary and an Auditor

(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.

(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.

6. At every meeting the Patron or in his absence a Member elected by those present shall be chairman of the meeting.

474

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.

FINANCE.

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.

475

Objects and Reasons.

1. This Bill is framed upon the lines which are usual in the case of institutions desiring to be converted into corporate bodies for convenience in dealing with their property and funds.

2. Clause 1 gives the short title.

Council to make same with the exercise of such schedule of this

7. Clause 8 is the usual saving clause of the rights of the Crown and of certain other persons.

476

Draft Bills.

No. S. 187.-The following bills are published for general

information:-

C.S.O. 3596/22.

A BILL

[No. 24-27.4.32.-2.]

Short title.

Substitu- tion for Ordinance No. 13 of

1925, s. 8. Ordinance No. 10 of 1928. Ordinance No. 33 of 1931.

Power to declare exclusive privileges not acquired.

Repeal of Ordinance No. 38 of 1931.

INTITULED

An Ordinance to amend the law relating to the Registration

of United Kingdom Patents.

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 Amendment Ordinance, 1932.

2. The Registration of the United Kingdom Patents Ordinance, 1925, as amended by the Registration of United 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 :-

8. (1) The Supreme Court shall have power, upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of 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 Amendment Ordinance, 1931 is repealed.

Objects and Reasons.

1. In the new section 8 of Ordinance No. 13 of 1925, as amended by Ordinance No. 38 of 1931, enacted by this Ordinance the only changes are the division of the 'section into two sub-sections, the omission of the words "by some person or persons other than the holder of the certificate". and the substitution of the words "prior to the date of the issue of the certificate of registration" for the words "prior to the date of application for registration under section 3".

477

2. These amendments have been suggested by the Secretary of State in his despatch of the 27th February, 1932.

3 The Secretary of State points out that the fundamental principle underlying the grant of a patent is that monopoly rights are granted to the patentee for a term of years in consideration for the disclosure of his invention. If by manufacture, use or sale an invention has already been surrendered, such disclosure is therefore a bar to the acquisition of valid patent rights. The words "by some person or persons other than the holder of the certificate", which were included in the amendment effected by Ordinance No. 38 of 1931, appear to be contrary to this principle as they suggested that any person who desired to exploit an invention disclosed in Hong Kong by the inventor and subsequently patented in the United Kingdom would have no redress against the grant of exclusive privileges in Hong Kong to the United Kingdom patentee, unless such exploitation were commenced before the date of the United Kingdom patent.

April, 1932.

C. G. ALABASTER,

Attorney General.

[No. 10-16.4.32.-3.]

C.S.O. 2 in 4299/32.

A BILL

INTITULED

An Ordinance to amend the law relating to Vagrancy.

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- Short title. ment Ordinance, 1932.

2. Section 2 of the Vagrancy Ordinance, 1897, is Amendment amended as follows:---

of Ordinance No. 9 of

Paragraph (b) is relettered paragraph (c) and the follow- 1897, s. 2. ing paragraph is inserted immediately after paragraph (a):-

(b) "Mendicant" means any person wandering abroad. 5 Geo 4, or placing himself or herself in any public place, street, c. 83. s. 3. 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.

478

Amendment

of Ordinance

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.

3. The Vagrancy Ordinance, 1897, is amended by the insertion of the following section immediately after section 28:-

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.

Objects and Reasons.

1. Section 10 of the Summary Offences Ordinance, 1845, as amended in 1924 and 1931 punishes mendicancy with a fine but does not define mendicancy.

2. Section 2 of this amending Ordinance adopts as a definition a portion of section 3 of the Vagrancy Act, 1824, and places it in the Vagrancy Ordinance, 1897, to which section 3 of this Ordinance transfers the mendicancy provision of the Summary Offences Ordinance and adds an alternative of imprisonment to the penalty. The word "waterway" has been added to the definition taken from the Vagrancy Act.

3. Section 15 of the principal Ordinance provides that the Superintendent of the House of Detention shall use his best endeavours to obtain suitable employment outside the house for vagrants admitted thereto.

4. Section 16 provides for the punishment of any vagrant who refuses or neglects to avail himself of such employment, when obtained.

5. Similar penal sections have been enacted in other Colonies; but it is not considered necessary to retain them. Section 16 is therefore repealed by this amending Ordinance.

April, 1932.

C. G. ALABASTER,

Attorney General....

C.S.O. 3143/30.

479

| No. 24-27.4.31.-7.] [3.5.32.-2.]

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.

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 Interprets- 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 a 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 Govern- 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.

(ii) in respect of other public service, emoluments which count for pension in accordance with the law or regulations in force in such service.

tion.

Regula- tions.

Pensions, etc., to be charged on revenue and assets of

the

Colony.

Pensions, etc. not of right.

Certificate

of conduct.

Withholding or reduction of pension, etc.

Service not Qualifying for pension, etc.

480

Commissioner for Transport in Kenya and Uganda, 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 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.

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 of 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

(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

―

481

―

(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..

Police

7. Except as expressly provided in the Police Force No pen- Ordinance, 1900, as amended by the Police Force Amendment to members 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.

which

8. No pension, gratuity or other allowance shall be Cases in granted under this Ordinance to any officer who has retired pension, from the public service of this Colony, other than a Governor, etc., may 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.

9. Where an officer is removed from his office on the Retirement ground of his inability to discharge efficiently the duties for ineffi- thereof, and a pension, gratuity, or other allowance, cannot ciency.

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.

Compulsory retirement.

Maximum pension from all public

sources,

Pension

etc., not to be assignable.

Pension etc., to

cease on

482

10. 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) 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; or

(d) being a woman who has entered the public service after the commencement of this Ordinance is married.

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

(4) For the purposes of the preceding sub-sections, an 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.

12. No pension, gratuity or other allowance granted under this Ordinance shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in 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 has been granted under this Ordinance is adjudicated a bankruptcy. bankrupt or is declared insolvent by judgment of the Court,

then such pension or allowance shall forthwith cease:

483

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 shali 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.

cease on

employment

15.-(1) If any person to whom a pension or other Pension, allowance has been granted under this Ordinance becomes etc., to either a director of any company the principal part of whose accepting business is in any way directly concerned with this Colony, in certain or an officer or a servant employed in this Colony by any such companies.. 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.

Gratuity to Estate where

officer dies in service of the

Colony.

Gratuity to women officers

retiring on or after marriage.

Pension to widow, etc., of officer

killed,

etc., discharge

of duty.

Application

of Ordin-

ance.

484

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 Counci! 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.

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.

(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.

19. Subject to the provisions of section 7, the provisions of this Ordinance shall apply to all officers in the service of this 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- inencement 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. 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.

ง

485

ance No. 15

20. Where in the Widows' and Orphans' Pension Ordin- Inter- ance, 1908, or in any Ordinance amending or substituted for pretation the same, the pension of any person who is the contributor "pension" himself is referred to, then if such person receives, in respect in Ordin- 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

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 ance No. 11 thereunder" for the words "the provisions of the pension Ordinance minutes issued under or for the purposes of the Pensions No. 18 of Ordinance, 1862".

22. The following enactments are repealed:

(a) The Pensions Ordinance, 1862.

(b) The Pensions Amendment Ordinance, 1928.

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.

of 1900.

1929.

Repeal of Ordinance No. 2 of 1862, and Ordinance No. 2 of

1928.

Objects and Reasons.

1. Hitherto under the Pensions Ordinance, 1862, (Ordin- ance No. 2 of 1862) pensions, retired allowances and gratuities have been granted by order of the Secretary of State or

or in conformity with the provisions contained in minutes of the Government relating thereto.

2. The object of this Ordinance is to substitute therefor provisions contained in a new Ordinance and Regulations based on the recent pension enactments of similar Colonies or States

3. For this purpose the Pensions Enactment, 1928, of the Federated Malay States has been used as the principal model and the sections of this Ordinance follow its provisions fairly closely, except where they are inapplicable or where local circumstances has made it necessary to interpolate provisions from the Pension Minutes, from special instructional despatches of the Secretary of State or from the enactments of other Colonies such as the Uganda Ordinance, No. 5 of 1927.

April, 1932.

C. G. ALABASTER,

Attorney General.

186

Draft Regulations

No. S. 188. - The following regulations are published for general information :-

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.

of 1932,

on the

day of

1932.

Pension Regulations A.

1. These Regulations, which may be cited as Pension Application Regulations A, shall be subject in all respects to the provisions of Pension

Regulations of the Pensions Ordinance, 1932, and shall apply to all officers A. to whom such provisions apply who 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.

2. Subject to these regulations, service qualifying for Period of pension, gratuity or other allowance, as the case may be, shall service

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 t 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.

what rates

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 at 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- granted. 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 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, 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.

487

service.

4. For the purpose of computing the amount of a pension Pensionable 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.

on failure

tion.

5. If an officer fails to pass such examinations as on Deduction his first appointment to the service of this Colony are pre- from service scribed for him, within the time prescribed, the period between to pass the prescribed date for passing such examinations and the examina- 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 Service to or other allowances may be granted must be unbroken, except be unbroken. 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.

to break

(2) Service prior to break of service shall be taken into Service account for pension, gratuity, or other allowance together prior with service subsequent to such break, if the whole of the when taken intervening period has with the previous sanction of the Sec- into account. 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 Acting pensionable office in this Colony, the period of such service 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.

when to

8. Where immediately preceding service in a pension- Non-pension- able office there has been an unbroken period of service in able service non-pensionable office or of service paid for out of an open count. vote, or both, the whole of such period or periods may be taken into account for the purposes of these regulations:

488

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 be other capacity connected with the state of war, may 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-

(a) where an officer has held one office, the pensionable Emoluments emoluments of which are not based on a scale of increments, on which

pensions to 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

489

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.

judges.

12. (1) A judge who prior to his appointment as judge Pension of held no office in the service of this Colony and who has held certain 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.

(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.

enjoying

13. Except in cases where a claim to pension has been Officers acknowledged or sanctioned by the Secretary of State or by private the Governor in Council, no pension shall be granted under practice. 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 Gratuity the Ordinance shall, if he has exercised his option as herein- and reduced after provided, but not otherwise, be paid in lieu of such pension. 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.

490

(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.

(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.

re-employed..

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 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.

491

16.-(1) If an officer holding a pensionable office and Abolition having not less than ten years pensionable service is retired of office. 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

(b) is less than twenty years but is not less than

fifteen years

ten years

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 mentione 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 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 Ordinance.

17.-(1) Where a person employed in the public service Allowance 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).

for injured officers.

492

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.

etc., for

able office.

18.-(1) An officer holding a non-pensionable office who Allowances, retires in circumstances in which he might have been granted service in a pension had he held a pensionable office, may, if he has non-pension- continuously served in this Colony for not less than fifteen 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.

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

}

493

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.

Transfer

19. Where an officer has been transferred from a pensionable office to a non-pensionable office then at the option from pen- of such officer:

(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.

sionable to non-pension- able office.

Gratuity

service

20. Every officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying where for a pension, may be granted on retirement a gratuity not insufficient exceeding five times the annual amount of the pension which for pension. might have been granted if there had been no qualifying period but in calculating such annual amount no climatic addition shall be included.

when

else is

provided.

21. A gratuity or annual allowance may on his retire- Gratuity ment be granted to any officer holding a non-pensionable office nothing 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 regualtion shall be deter- mined by the Governor in Council.

tion.

22. In lieu of the grant of a pension there may, with Commuta- 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 Conditions or other allowance that the Governor in Council may cancel of pension. 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.

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

Interpreta-

tion.

494

"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 ions 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.

for service

26.-(1) Where the other public service of an officer Pension 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- 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

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 which is not regarded as pensionable by the scheduled Gov- ernment concerned shall not be taken into account either in determining the amount of the pension for which he would' have been eligible if his service had been entirely in this Colony or in calculating the aggregate amount of his pension- able 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:

缱

禹

495

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 pen- sionable emoluments which he would have enjoyed, had he been on duty on full pay in his substantive office throughout his period of service.

where other

group

27. Where the other public service of an officer has not Pension included service under any of the scheduled Governments, service not and he has held a pensionable office in this Colony for a period within the 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.

service

28. Where a part only of the other public service of an Pension officer has been under one or more of the scheduled Govern- where other ments, the provisions of regulation 26 shall apply; but in both within calculating the amount of pension regard shall be had only within the to service in the group.

and not

group.

29. Where the other public service of an officer has Pension not been wholly under one or more of the scheduled Govern- where other ments but has been in whole or in part under one or more certain of the following Governments, namely,

service under

Govern- ments.

• Bahamas.

Barbados.

St. Helena.

Seychelles.

Bermuda.

British Guiana.

British Honduras.

Falkland Islands.

Leeward Islands.

Malta.

Southern Rhodesia.

Turks and Caicos Islands. Grenada.

St. Lucia.

St. Vincent.

496

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 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.

30. Where a judge of this Colony has had other public Pension of 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 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.

respect of

31. Where an officer who has been transferred from Additional other public service and whose aggregate service would have pension in rendered him eligible, had it been wholly in this Colony, for abolition 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 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.

officers

32. Where an officer who has been transferred from Additional other public service and whose aggregate service would have pensions to rendered him eligible, had it been wholly in this Colony, for retiring on a pension under these regulations, is compulsorily retired account of

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, 23 or 30, as the case may be.

497

less than

33. Where, by reason of the fact that an officer whose Pension in case falls under regulation 31 or 32 has held a pensionable olition 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 injury after 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 months' 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.

service in

of service

pension.

34.--(1) Where an officer who has been transferred to Gratuities or from the service of this Colony from or to other public where length service retires from the public service in circumstances in does not which he is permitted by the law or regulations of the service qualify for 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 Abolition the public service in circumstances mentioned in regulation of office. 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 Injury. 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 shall not be granted in addition the gratuity for which he is eligible under paragraph (1) of this regulation.

transferred

service and

35. Where an officer who is transferred to other public Officers service is not granted a pension or gratuity in respect of his to other employment in the service in which he is last employed, solely public by reason of the fact that he has not completed twelve months retiring service therein, he shall not, on that account, be disqualified after less from receiving a pension or gratuity from the funds of this Colony, if otherwise eligible therefor.

months' employment in last service.

than twelve

cases to

36. Where a European matron or a European nursing Allowance sister has been employed in other public service as a qualified in certain nursing-sister or matron, which employment was obtained by hospital or through the Overseas Nursing Association, and has held matrons and a pensionable office in this Colony on or at any time after the sisters, with

nursing- 1st day of January, 1926, as a matron or nursing-sister in other service. 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

498

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

of regula- 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.

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.

499

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 Crown Agents for the Colonies.

The Colonial Audit Department (Home Establishment)

The Kenya and Uganda Railways and Harbour Admin istration.

500

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.

of 1932,

on the

day of

1932.

Pension Regulations B.

of Pension

1. These Regulations, which may be cited as Pension Application Regulations B, shall be subject in all respects to the provisions Regulations of the Pensions Ordinance, 1932, and shall apply to all officers B. to whom such provisions apply who enter the service of this Colony after the commencement of the said Ordinance. 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 pension, gratuity or other allowance, as the case may be, shall service

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　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.

(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.

501

servica

(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.

on failure

5. If an officer fails to pass such examinations as on Deduction his first appointment to the service of this Colony are pre- from service scribed for him, within the time prescribed, the period between to pass the prescribed date for passing such examinations and the examination. 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, Service to be or other allowances may be granted must be unbroken, except unbroken. 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.

Service

to break

(2) Service prior to break of service shall be taken into account for pension, gratuity, or other allowance together pior with service subsequent to such break, if the whole of the when taken intervening period has with the previous sanction of the Sec- into account. 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 Acting pensionable office in this Colony, the period of such service 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.

when to

8. Where immediately preceding service in a pension- Non-pension- able office there has been an unbroken period of service in a able service non-pensionable office or of service paid for out of an open count. vote, or both, the whole of such period or periods may be taken into account for the purposes of these regulations :

502

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

(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

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　be computed.. emoluments of which are not based on a scale of increments, 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

503

12.-(1) A judge who prior to his appointment as judge Pension of held no office in the service of this Colony and who has held certain the office of judge for a continuous period of not less than

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　judges. 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.

or a pension computed at the rate prescribed in regulation

subject in either case to the limit prescribed in section 11 of the Ordinance.

(fficers

private

practice..

13. Except in cases where a claim to pension has been acknowledged or sanctioned by the Secretary of State or by enjoying 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.

Gratuity

14.-(1) An officer to whom a pension is granted under the Ordinance shall, if he has exercised his option as herein- and reduced after provided, but not otherwise, be paid in lieu of such pension. 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.

504

(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.

in Council may Governor 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.

(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.

(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.

re-employed.

505

of office.

16.--(1) If an officer holding a pensionable office and Abolition 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

100

(b) is less than twenty years but is not less than

fifteen years

ten years

(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.

17.-(1) Where a person employed in the public service Allowance of this Colony has been permanently injured-

(a) in the actual discharge of his duty; and

(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),

for injured officers.

materially impaired.........

totally destroyed...

506

.one hundred and fifty six-

hundredths (150/600ths),

.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

non-pension-

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 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.

(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

507

19. Where an officer has been transferred from a pensionable office to a non-pensionable office then at the option of such officer :

(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.

Transfer from pen-

sionable to non-pension- able office.

where service

20. Every officer, otherwise qualified for a pension, who Gatuity has not completed the minimum period of service qualifying insufficient for a pension, may be granted on retirement a gratuity not for pension. exceeding five times the annual amount of the pension which might have been granted if there had been no qualifying period.

when nothing

21. A gratuity or annual allowance may on his retire- Gratuity ment be granted to any officer holding a non-pensionable office else is to whom the provisions of regulation 18 do not apply or provided. 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 regualtion shall be deter- mined by the Governor in Council.

22. In lieu of the grant of a pension there may, with Commuta- the approval of the Governor, be granted to an officer of the tion. 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.

Part II.

SPECIAL REGULATIONS FOR OFFICERS WITH OTHER PUBLIC SERVICE.

24. In this Part-

"Scheduled Government" means any Government or Interpreta- service included in the Schedule to these regulations and

tion.

508

"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 Regula. 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.

wholly

group.

26.-(1) Where the other public service of an officer Pension for has been wholly under one or more of the scheduled Govern- service 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 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 which is not regarded as pensionable by the scheduled Gov- ernment concerned shall not be taken into account either in determining the amount of the pension for which he would have been eligible if his service had been entirely in this Colony or in calculating the aggregate amount of his pension- able 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

{

509

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.

service not

27. Where the other public service of an officer has not Pension included service under any of the scheduled Governments, where other and he has held a pensionable office in this Colony for a period within the of at least twelve consecutive months, and his aggregate ser- group. 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 six-hundredth (1/600th) 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.

service

and not

group.

service under

Bahamas.

Barbados.

Bermuda.

St. Helena.

Seychelles.

Govern- ments.

British Guiana.

British Honduras.

Falkland Islands.

Leeward Islands.

Malta.

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

510

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-

either a pension at the rate of two seven-nundred-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.

31. Where an officer who has been transferred from Additional other public service and whose aggregate service would have respect of pension in rendered him eligible, had it been wholly in this Colony, for abolition 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 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.

pensions to

32. Where an officer who has been transferred from Additional other public service and whose aggregate service would have officers rendered him eligible, had it been wholly in this Colony, for retiring on 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

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'

511

pension.

34.-(1) Where an officer who has been transferred to Gratuities or from the service of this Colony from or to other public of service

where length service retires from the public service in circumstances in does not which he is permitted by the law or regulations of the service qualify for 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. 20 or 30, as the case may be.

(2) Where such an officer is compulsorily retired from Abolition the public service in circumstances mentioned in regulation of office. 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, any, which may be granted to him under paragraph (1) of this regulation.

(3) Where such an officer is compulsorily retired from Injury. 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.

to other

35. Where an officer who is transferred to other public Officers service is not granted a pension or gratuity in respect of his transferred employment in the service in which he is last employed, solely public by reason of the fact that he has not completed twelve months service therein, he shall not, on that account, be disqualified after less from receiving a pension or gratuity from the funds of this Colony, if otherwise eligible therefor.

service and

retiring

than twelve

months' employment in last service.

cases to

nursing-

36. Where a European matron or a European nursing- Allowance sister has been employed in other public service as a qualified in certain nursing-sister or matron, which employment was obtained by hospital or through the Overseas Nursing Association, and has held matrons and a pensionable office in this Colony on or at any time after the sisters, with 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.

...

512

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 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.

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.

Gilbert and Ellice Islands Colony.

Gold Coast.

Jamaica.

Kenya.

Mauritius.

Nigeria.

513

Northern Rhodesia.

Nyasaland.

Palestine.

Sierra Leone.

Somaliland.

Straits Settlements.

Swaziland.

Tanganyika Territory.

Trinidad.

Uganda.

Zanzibar.

The Crown Agents for the Colonies.

The Colonial Audit Department (Home Establishment).

The Kenya and Uganda Railways and Harbour Admin- istration.

514

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 189.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Small-pox.

Saigon.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

Small-pox.

Osaka.

20th May, 1932.

Do.

Authority.

Notification No. 73 of 2nd February,

1932.

Notification

No. 300 of 17th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 190.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

All

and members of crews of vessels passengers entering Philippine ports on vessels from Hong Kong will be required to be vaccinated against small-pox before arrival in the Philippines or to present to the quarantine authorities at the port of entry satisfactory evidence of vaccination within one year.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis

28th April,

No. S. 175.

1932.

Port Swettenham.

(F.M.S.)

Do.

29th April, 1932.

No. S. 176.

20th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

515

PUBLIC WORKS DEPARTMENT.

SALE OF OLD MATERIAL.

　No. S. 191.-With reference to Government Notification No. S. 183 dated 12th May, 1932, which appeared in the Hong Kong Government Gazette No. 21 of the 13th May, 1932, the following notification is substituted therefor.

The Public Works Department is prepared to receive Tenders for the purchase of a quantity of old Material comprising:

20 H.P. Ford Truck and Spare Parts.

Worthington Water and Steam Pumps.

Sanitary goods, including W.C. Suite (European), W.C. Cisterns, S.W. Sink,

Lavatory Basin, European Baths, Flushing Cisterns etc.,

A quantity of Miscellaneous Stores.

　The material can be seen at the places named in the Specification, and, as each lot must be taken as it lies, intending offerers are requested to inspect same before tender- ing.

　Tender may be for all or any portion of the material specified, but EACH LOT MUST BE OFFERED FOR SEPARATELY.

　Delivery will be made free at the place where the material is lying. All cartage charges to be paid by the purchaser.

Terms of payment:-Net cash before delivery, payable to the Colonial Treasury.

　The deposit shall be returned to any tenderer whose tender is not accepted and to the successful tenderers on payment into the Colonial Treasury of the sum tendered and accepted.

　The Government does not bind itself to accept the highest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of the tender.

Tenders in triplicate (WHICH MUST BE MADE ON OFFICIAL FORM ONLY) under cover marked "TENDER FOR OLD MATERIAL, P.W.D.", to be lodged at the Colonial Secretary's Office, not later than Noon of Wednesday, 8th June, 1932, and must remain open for twenty one days after that date, if required.

For form of tender and further particulars apply at the Office of Superintendent of Accounts and Stores, Public Works Department.

20th May, 1932.

HAROLD T. CREASY,

Director of Public Works. Directo

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Receiving Order and First General Meeting of Creditors.

No. 8 of 1932.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon in the Colony of Hong Kong, Clerk.

Petition dated the 22nd day of April, 1932. Receiving Order dated the 12th day of May, 1932.

NOTICE is hereby given that Thursday,

the 26th day of May, 1932, at 10.30

o'clock in the forenoon precisely, has been fixed

518

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 5 of 1932.

Notices of Adjudication and Appointmen! of Trustee.

Re The Pak Sang Tong otherwise known as Pak Sang Tong Cheung Kee firm and Im Siu Wai the Managing partner thereof formerly of No. 134, Bonham Strand East and now at No. 201, Wing Lok Street, (1st floor), Victoria in the Colony of Hong Kong, Chinese Medicine Dealers.

for the First General Meeting of Creditors in THE above-named Pak Sang Tong otherwise

the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 11 of 1932.

Re Luiz Gonzaga Morales of No. 1, Kwong Ming Street, (top floor), Wanchai in the Colony of Hong Kong, Clerk,

Petition dated the 11th day of May, 1932. Receiving Order dated 12th day of May, 1932.

OTICE is hereby given that Thursday, the 26th day of May, 1932, at 11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

known as Pak Sang Tong Cheung Kee firm and Im Siu Wai the managing partner thereof were adjudicated Bankrupt on the 12th day of May, 1932, and the Official Receiver was appointed Trustee of the Estates of the bank- rupts.

THE

No. 7 of 1932.

Re Fung Yuk Wing of No. 24, Queen's Road East, (first floor), Victoria in the Colony of Hong Kong, Clerk.

HE above-named Fung Yuk Wing was adjudicated Bankrupt on the 12th day of May, 1932, and the Official Receiver was appointed Trustee of the Estate of the bankrupt.

Dated the 20th day of May, 1932.

No Creditor can vote unless he previously N

proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 20th day of May, 1932.

E. L. AGASSIZ,

Official Receiver.

NOTICE

OTICE is hereby given that by an Indenture dated the 17th May, 1932 and

made between Chan Ng Shi (1)

Administratrix of the estate of Chan Ping Yu

(陳炳如)alias Ping Kee (炳記) alias Mui Hin Lai Tong(梅顯禮堂) deceased of the one part and the undersigned of the other part All Those shares of the estate of the said Chan Ping Yu alias Ping Kee alias Mui Hin Lai Tong deceased of the nominal value of $1,500 in the Kwan Cheong Wing Firm

E. L. AGASSIZ,

Official Receiver

THOS W. SIMMONS & CO., LTD.

(IN LIQUIDATION).

OTICE is hereby given in pursuance of

Section 188 of the Companies Ordin- ances 1911, that the Final Meeting of Members will be held at the offices of Messrs. Percy Smith, Seth & Fleming. No. 6, Des Voeux Road Central, (4th floor) on Saturday, the 2nd day of July, 1932, at 12.15 p.m. for the purpose of having an account laid before them showing the manner in which the winding up has been conducted and the property of the company disposed of, and of hearing any explanations that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed.

Dated the 21st day of May, 1932.

S. HAMPDEN ROSS, Liquidator.

YUEN UN CO., LTD.

(IN LIQUIDATION),

NOTICE is hereby given in pursuance of

Section 188, of the Companies Ordinances 1911, that the Final Meeting of Members will be held at the offices of Messrs. Percy Smith, Seth & Fleming, No. 6, Des Voeux Road Central, (4th floor), on Saturday, the 2nd day of July,

() of No. 19, Connaught 1932, on Saturday, at 12 o'clock noon, for the

Road West Hong Kong Export Merchants were for the consideration therein mentioned assigned to the undersigne! by the said Chan Ng Shi as such Administratrix as aforesaid.

Dated the 20th day of May, 1932.

CHAN YIU LAI,

(陳耀藜)

ALIAS

CHAN SHUNG TAK TONG,

(陳崇德堂)

purpose of having an account laid before them showing the manner in which the winding up has been conducted and the property of the company disposed of, and of hearing any explanations that may be given by the Lipuidator and also of determining by Extra- ordinary Resolution the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed

Dated this 21st day of May, 1932.

S. HAMPDEN ROSS, Liquidator.

(FILE No. 164 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Wong San Yin of No. 778, (Second floor), Nathan Road, Dependency of Kowloon and Colony of Hong Kong, has, by two applications all dated the 11th day of May, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

商標

惠多

(2)

LIGHTHOUSE BRAND

in the name of Wong San Yin, who claims to be the proprietor thereof.

The two Trade Marks have been used by the applicant in respect of Medicinal Oil in Class 3, and the Lighthouse Trade Mark is also intended to be used forthwith by the applicant in respect of Pharmaceutical Preparations in Class 3.

Dated the 20th day of May, 1932.

WONG SAN YIN,

No. 778, 2nd floor, Nathan Road, Kowloon, Hong Kong,

Applicant.

(FILE No. 147 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Leng Hong

Lim who carry on business under the firm name of Lim Tsz Tong at No. 515, Nathan Road, Kowloon, have on the 5th May, 1932 applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

商標

ROSE

BRAND

嘜花瑰玫

糖

in the name of Leng Hong Lim, who carry on business under the firm name of Lim Tsz Tong, who claim to be the proprietors thereof.

Such Trade Mark has not been used by Leng Hong Lim who carry on business under the firm name of Lim Tsz Tong but it is their intention so to use it forthwith in respect of Chemical substances prepared for use in medicine and pharmacy in Class 3.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks.

Dated the 20th day of May, 1932.

LENG HONG LIM CARRY ON BUSINESS

UNDER THE FIRM NAME OF

LIM TSZ TONG,

Applicants.

519

(FILE No. 103 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft,

NOTI

(FILE NO. 148 OF 1932)

TRADE MARKS ORDINANCE, 1909

Merchants, of Frankfort on Main, Germany, have on the 6th day of N

April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

RAPIDAZOL

拉

披

Application for Registration of

a Trade Mark.

OTICE is hereby given that Li Yau

Chuen of No. 98, Caine Road, Victoria in the Colony of Hong Kong, merchant on the 5th day of May, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

"DIGESTELIN"

in the name of the said Li Yau Chuen, who claim to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in respect of proprietary medicines and particularly in respect of

Digestelin "A digestive powder in Class 3. Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May, 1932.

LI YAU CHUEN, No. 98, Caine Road,

Hong Kong, Applicant.

素

in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

(FILES Nos. 22 AND 66 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

Chemical substances used in manufactures, photography or philoso- phical research and anti-corrosives in Class 1 and Raw or partly prepared vegetable, animal and mineral substances used in manufactures, not included in other Classes, in Class 4.N Kong Knitting Co., of Nos. 51 to 57,

　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of April, 1931.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

OTICE is hereby given that The Min

Prince Edward Road, Mongkok, in the De- pendency of Kowloon and Colony of Hong Kong, have, on the 22nd day of January, 1932, and the 18th day of February, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

(FILE No. 101 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Eastern

Book Company of No. 55, Hollywood Road, (Ground Floor), Victoria in the Colony of Hong Kong, have on the 2nd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

(FILE NO. 111 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

(2)

TRADE

MARK

キラ

THREE SHEEP BRAND

in the name of Welted Manufacturing Com- pany, who claim to be the proprietors thereof. The Trade Mark has not hitherto been used

in the name of the Eastern Book Company, by the applicants but it is their intention so to

who claim to be the proprietors thereof.

　　　　The Trade Mark has been used by the ap- plicants since the year 1929 in Class 39 in respect of English and Chinese Books of every description.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of April, 1932.

LYSON & HALL, Solicitors for the Applicants, 6, Queen's Road Central,

Hong Kong.

use it forthwith in respect of Linen Handker- chiefs in Class 27.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of April, 1932.

WELTED MANUFACTURING

COMPANY,

No. 5, Kau U Fong,

Hong Kong, Applicants.

in the name of The Min Keung Knitting Co., who claim to be the proprietors thereof.

The above Trade Marks are intended to be used by the Applicants forthwith in 'lass 38 in respect of Singlets, Stockings and all articles of clothing.

Facsimiles of the said Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, and also of the under- signed.

Dated the 18th day of March, 1932.

LEO D'ALMADA E CASTRO, Solicitor for the Applicants, No. 67, Des Voeux Road Central,

Hong Kong.

(FILE No. 70 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that Steinway &

Sons, of Steinway House, 109-113, West 57th Street, New York, United States of America and Steinway Hall, 1-2 George Street, Conduit Street, London, England, also at 22- 24, Schanzenstrasse, Hamburg and at Berlin, Germany, Pianofortes Manufacturers, have on the 31st day of July, 1932, applied for the re- gistration in Hong Kong in the Register of Trade Marks, of the following Trade Marks :---

STEINWAY & SONS

STEINWAY

in the name of Steinway & Sons, who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of :--Pianofortes in Class 9. The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE No. 45 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

NOTICE

Two Trade Marks.

OTICE is hereby given that Messrs.

Cheong Hing Company, (

(1)

520

(FILE NO. 72 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Wan

Heung Yuen) of

No. 67, Sap Pat Po Road, Canton, in the

Province of Kwong Tung, in the Republic of China, have on the 26th day of February, 1932, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely:--

>OW

in the name of the said Wan Heung Yuen

() who claim to be the pro- (蘊香園

prietors thereof.

The Trade Mark has been used by the applicants in class 42 in respect of substances used as food and as ingredients in food for the 23 years last past.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of March, 1931.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 10 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Ngai

Kang Knitting Factory of No. 259, Portland Street, Mongkoktsui, in the Depen- dency of Kowloon and Colony of Hong Kong, Merchants, have on the 8th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Tarde Mark:

(FILE No. 61 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that The Staner Company, Limited, of (5th floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have, on the 13th day of ebruary, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

HOPPE S

ABSOLUTELY

(2)

COW

BRAND

FINEST

GUARANTEE

BOOTPOLISH

AND

LEATHER PRESERVATIVE

(3)

La Vall L

(2)

VIS

量

in the name of Messrs. Cheong Hing Company, who claims to be the proprietor thereof.

The above Trade Marks have been used in respect of :-

Handkerchiefs and Garters, in Class 38. Facsimiles of such Trade Marks can be seen in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 18th day of March, 1932.

THE CHEONG HING CO., No. 194, Queen's Road Central, Hong Kong, Applicants.

in the name of The Ngai Kang Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Articles of clothing in Class 38 since 1919.

The Applicants disclaim the right to the exclusive use of the letters "N. K." and that the registration of this Mark is limited to the colours as shown on the Mark.

Facsimiles of the Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of March, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

in the name of The Staner Company, Limited, who claim to be the proprietors thereof.

HOPPES Trade Mark has been used by the applicants in respect of Dentifrice in Class 48 since October, 1931.

COW Trade Mark is intended to be used forthwith by the applicants in respect of Boot polish and leather preservative in Class 50.

LAVALL Trade Mark has been used by the applicants in respect of Hair cream, air lotion and face cream in 'lass 48 since September, 1931 and is intended to be used forthwith by the applicants in respect of Face powder, talcum powder and toilet soap in Class 48.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 18th day of March, 1932.

THE STANER COMPANY, LIMITED, Bank of Canton Building,

Hong Kong, Applicants.

ร

321

(FILE No. 131 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Walker &

Homfrays Limited of 102 Eccles New Road Salford in the County of Lancaster in England, have, on the 20th day of April, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :--

(FILE No. 71 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that the Asahi Match Company, Limited, of Japan,

a Company registered under the laws of Japan, have on the 26th day of February, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

SAFETY MATCH

TOWER

BRAND

Lager Beer

BREWED & BOTTLED

THE MOSS SIDE BREWERY,

MANCHESTER ENGLAND.

REGISTERED TRADEMARK

(2)

BEST SAFETY MATCH

in the name of the said Walker & Homfrays Limited, who claim to be the proprietors there- of.

The above Trade Mark has already been used by the Applicants in respect of beer in Class 43.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

NOTICE.

IN pursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance No. 25

of 1923, Notice is hereby given that P. Partabrai

of Victoria in the Colony of Hong Kong, carry-

ing on business under the style or firm name of Mahtani Silk Store at No. 37, Queen's Road

Central, (ground floor), Victoria, aforesaid,

dealer in silk wearing apparel, shawls, etc., (hereinafter called "the transferor ") is desirous

of transferring the said business of the said

Mahtani Silk Store to P. Shewaram (who is the

transferee) of No. 434, Wyndham Street,

Victoria, aforesaid, on the 10th day of June, 1932.

The Transferee intends to carry on the said

business at No. 37, Queen's Road Central,

Victoria, aforesaid, and will not assume the

liabilities incurred by the Transferor in the said business.

Dated the 9th day of May, 1932.

P. PARTABRAI,

PROPRIETOR OF MAHTANI SILK STORE,

Transferor, and

P. SHEWARAM,

Transferee.

ASAHI MATCH Co. LTD.

as a series of Marks and associated with each other, in the name of the said Asahi Match Company, Limited, who claim to be the pro- prietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of matches in Class 47 since 1931.

元

Dated the 25th day of March, 1932.

股

元成發股東代表黃台石謹啓

THE TAI TUNG MATCH

COMPANY, LIMITED,

Agents for the Applicants,

Asiatic Building,

Hong Kong.

白告明聲

為議切街五眾生瑞啓默如元月股意副者 ⭑ 認有宜成廿東不

不凡發

佈到本本號代各黃元

者號行十表債

共二請務生發

權商點各無均行公人辦鐘

辦鐘債所皆正决旂理到權歸逃之依收南人着理

事期東北等茲以蔡作到一行於承致漢

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

524

LEGISLATIVE COUNCIL.

No. S. 192. The following Bills were read a first time at a meeting of the Council held on the 26th May, 1932 :-

C.S.O. 3596/22.

A BILL

[No. 24-27.4.32.-2.]

Short title.

Substitu- tion for Ordinance No. 13 of 1925, s. 8. Ordinance No. 10 of 1928.

Ordinance No. 38 of 1931.

Power to declare exclusive privileges

not acquired.

Repeal of Ordinance No. 38 of 1931.

INTITULED

An Ordinance to amend the law relating to the Registration

of United Kingdom Patents.

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 Amendment Ordinance, 1932.

8.-(1) The Supreme Court shall have power, upon the application of any person who alleges that his interests have been prejudicially affected by the issue of a certificate of 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.

3. The Registration of the United Kingdom Patents Amendment Ordinance, 1931 is repealed.

Objects and Reasons.

1. In the new section 8 of Ordinance No. 13 of 1925, as amended by Ordinance No. 38 of 1931, enacted by this Ordinance the only changes are the division of the section into two sub-sections, the omission of the words "by some person or persons other than the holder of the certificate". and the substitution of the words "prior to the date of the issue of the certificate of registration" for the words "prior to the date of application for registration under section 3".

525

www.m

2. These amendments have been suggested by the Secretary of State in his despatch of the 27th February, 1932.

April, 1932.

C. G. ALABAster,

Attorney General.

[No. 10:-16.4.32.-3.]

C.S.O. 2 in 4299/32.

A BILL

INTITULED

An Ordinance to amend the law relating to Vagrancy.

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- Short title. ment Ordinance, 1932.

2. Section 2 of the Vagrancy Ordinance, 1897, is Amendment amended as follows:--

of Ordinance No. 9 of

Paragraph (b) is relettered paragraph (c) and the follow- 1897, s. 2. ing paragraph is inserted immediately after paragraph (a):-

(b) "Mendicant" means any person wandering abroad, 5 Geo 4, or placing himself or herself in any public place, street, c. 83, s. 3. 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.

Amendment

of Ordinance

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.

526

3. The Vagrancy Ordinance, 1897, is amended by the- insertion of the following section immediately after section 28:-

28A. (1) Mendicancy is forbidden.

(2) Every person who is guilty of mendicancy shall upor summary conviction be liable to a fine not exceeding twenty- five dollars or to imprisonment for a term not exceeding one month.

5. Section 16 of the Vagrancy Ordinance, 1897, is repealed.

Objects and Reasons.

1. Section 10 of the Summary Offences Ordinance, 1845, as amended in 1924 and 1931 punishes mendicancy with a fine but does not define mendicancy.

4. Section 16 provides for the punishment of any vagrant who refuses or neglects to avail himself of such employment, when obtained.

5. Similar penal sections have been enacted in other Colonies; but it is not considered necessary to retain them. Section 16 is therefore repealed by this amending Ordinance...

April, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O. 3143/30.

527

[No. 24-27.4.31.-7.] [3.5.32.-2.]

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.

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-

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 a pensionable office under the law or regulations in force relating to such service.

(ii) in respect of other public service, emoluments which count for pension in accordance with the law or regulations in force in such service.

tion.

528 -

Regula- tions.

Pensions, etc., to be charged on

revenue and

assets of

the

Colony.

Pensions,

etc. not of right.

Certificate

of conduct.

Withholding or reduction of pension, etc.

Service not Qualifying for pension, etc.

(e) "Other public service" means public service not under the Government of this Colony.

(2) Every such regulation shall be laid before the Legislative Council and shall be published in the Gazette.

(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.

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

(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

;

529

(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.,

Ordinance.

Police

which

(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

(f) on abolition of his office; or

(g) upon his removal on the ground of inefficiency as provided in section 9.

9. Where an officer is removed from his office on the Retirement ground of his inability to discharge efficiently the duties for ineffi- thereof, and a pension, gratuity, or other allowance, cannot

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　ciency. 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.

Compulsory retirement.

Maximum pension from all public

sources.

Pension etc., not to be assignable.

Pension etc., to

cease on

530

10. 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) has attained the age of fifty-five years, or

(d) being a woman who has entered the public service after the commencement of this Ordinance is married.

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.

(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.

13. If any officer to whom a pension or other allowance has been granted under this Ordinance is adjudicated a bankruptcy. bankrupt or is declared insolvent by judgment of the Court,

then such pension or allowance shall forthwith cease:

531

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.

cease on

employment or an officer or a servant employed in this Colony by any such companies. 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.

Gratuity to Estate where

officer dies in service of the Colony.

Gratuity to women officers retiring on or after marriage.

Pension to widow, etc., of officer killed,

etc., in discharge of duty.

Application of Ordin-

ance.

532

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.

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.

(4) Any grant made under the provisions of this section shall be in addition to any grant made under the provisons of .section 16.

19. Subject to the provisions of section 7, the provisions of this Ordinance shall apply to all officers in the service of this 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. 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.

533

in Ordin-

20. Where in the Widows' and Orphans' Pension Ordin- Inter-

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　pretation ance, 1908, or in any Ordinance amending or substituted for re 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

22. The following enactments are repealed :-

(a) The Pensions Ordinance, 1862.

(b) The Pensions Amendment Ordinance, 1928.

of 1900.

No. 18 of 1929.

Repeal of Ordinance No. 2 of 1862, and Ordinance No. 2 of

1928.

Objects and Reasons.

1. Hitherto under the Pensions Ordinance, 1862, (Ordin- ance No. 2 of 1862) pensions, retired allowances and gratuities have been granted by order of the Secretary of State or in conformity with the provisions contained in minutes of the Government relating thereto.

2. The object of this Ordinance is to substitute therefor provisions contained in a new Ordinance and Regulations based on the recent pension enactments of similar Colonies or States.

3. For this purpose the Pensions Enactment, 1928, of the Federated Malay States has been used as the principal model and the sections of this Ordinance follow its provisions fairly closely, except where they are inapplicable or where local circumstances has made it necessary to interpolate provisions from the Pension Minutes, from special instructional despatches of the Secretary of State or from the enactment of other Colonies such as the Uganda Ordinance, No. 5 of 1927.

April, 1932.

C. G. ALABASTER,

Attorney General.

534

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 193.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Small-pox.

Osaka.

Quarantine vaccination and/or Fumigation at the

discretion of the Health Officer.

27th May, 1932.

Authority.

Notification No. 300 of 17th May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 194.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis

28th April,

No. S. 175.

1932.

Port Swettenham. (F.M.S.)

Do.

29th April, 1932.

No. S. 176.

27th May, 1952.

E. R. HALLIFAX,

Colonial Secretary.

་

535

HARBOUR DEPARTMENT.

　　No. S. 195.-Tenders are invited for the purchase of one 40 H.P. Glieniffer Engine, ex H.D. 9.

　　The engine will be sold as it lies at The South China Motorship Building & Repair- ing Works Ltd., Yard at To Kwa Wan, Kowloon Bay.

　　Sealed tenders in triplicate which should be marked "Tender for the purchase of one 40 H.P. Glieniffer Engine" will be received at the Colonial Secretary's Office until Noon of Friday, 10th June, 1932.

Further particulars may be obtained from the Harbour Master.

The Government does not bind itself to accept the highest or any tender.

23rd May, 1932.

G. F. HOLE,

Harbour Master, &c.

DISTRICT OFFICE, TAI PO.

　　No. S. 196. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 15th day of June, 1932.

　　The Lots are let for the term of One year from the 1st day of June, 1932. Lot No. 1 is an Agricultural Lot and Lot No. 2 is a Threshing Floor Lot.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D. Lot.

Boundary Measurements.

Contents

in Acres.

Annual

Upset Price.

Crown

Rent.

feet. feet. feet. feet.

€

1368

Kau Lung Hang.

As per plan deposited in the District Office, North.

•13 acre.

Nil.

.30

1425

Sheung Shui.

*03

.20

25th May, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 197.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 15th day of June, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 9 as Building Lots. Lot No. 10 as a Threshing Floor Lot. Lot No. 11 as Fish Pond and Salt Padi Lot, and Lots Nos. 12 to 24 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 9 are further subject to Special Condition No. 2 (a). Lot No. 10 is further subject to Special Condition No. 1 (a). Lots Nos. 11 to 24 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lots Nos. 10, 11 and 12 are further subject to Special Conditions hereunder specified.

　　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $1,250, $750, $500, $250, $250, $250, $250, $250 and $250 respectively.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents

Locality.

Upset

Annual

Acres, or Price.

Crown

No. D. D. Lot.

Square feet.

Rent.

feet. feet. feet. feet.

11 1531

Nam Hang

As per plan deposited in the 2000 sq. ft.

District Office, North.

5.00

ลง

1532

1120

3.00

3 183

454

Tin Liu.

625

2.00

694

Chik Nai Ping.

275

1.00

84 1238

Shan Kai Wat.

429

.50

872

Li Muk Fu.

336

.50

2253

Chau Tau.

372

.50

189

1430

Kang Hau.

319

.50

1431

319

.50

2029

Tsz Tong Tsun.

2000

.20

101

Mai Po.

69.35 acres.

694

69.40

12 218

1833

Tse Ha.

5.91

644

6.00

51 4644

1319

Fan Ling Lau.

Sheung Shui.

25 acre.

.30

*58

.60

1322

117

128

1.20

2170A

Hung Ling.

*63

.70

83 2030

Tsz Tong Tsun.

*05

.10

3750

Liu Pok.

*31

.40

91 2433

Ng Uk Tsun.

•15

.20

2205A

Hung Ling.

*08

.10

2199

.20

2181

*27

.30

185

326

Pai Tau Hang.

*08

.10

327

*19

.20

537

SPECIAL CONDITION TO LOT No. 10.

The Purchaser shall pay $6 for the Lung Ngan trees on the Lot.

SPECIAL CONDITIONS TO LOT No. 11.

　　1. The Purchaser shall within two years from the date of sale construct a bund on the seaward side of the Lot of similar materials and structure to those enclosing the Tai Shang and Lun Tak reclamations and shall maintain the same in good order, conditions and repair to the satisfaction of the District Officer, North, during the whole period for which the Lot is sold.

2. The Purchaser shall within 5 years from the date of sale reclaim and convert the land into agricultural land to the satisfaction of the District Officer, North.

3. The Lot is sold subject to the right of the public at all times to load and unload any kind of vessel on and along the bund referred to in Condition No. 1 and to land, cross, and recross the said bund with any goods or other articles.

　　4. The Purchaser shall not divert nor fill in any creek, stream or channel within the Lot without the permission of the District Officer, North.

5. The Purchaser shall make proper provision for the discharge of all surplus water from the Lot in such a manner as to prevent flooding or other damage to adjoining or neighbouring lands.

SPECIAL CONDITION TO LOT No. 12.

The Lot is sold subject to a right of way in favour of the owners of the areas coloured green as shown on the sale plan.

25th May, 1932.

E. H. WILLIAMS,

District Officer, North.

538

DISTRICT OFFICE, TAI Po.

　　　No. S. 198.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 16th day of June, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 and 2 as Building and Garden Lots. Lots Nos. 3 to 5 as Building Lots, Lot No. 6 as a Threshing Floor Lot, Lot No. 7 as a Garden Lot and Lots Nos. 8 to 26 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 and 2 are further subject to Special Condition No. 2 (a) and (b). Lots Nos. 3 to 5 are further subject to Special Condition No. 2 (a). Lot No. 6. is further subject to Special Condition No. 1 (a). Lots Nos. 7 to 26 are further subject. to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $2,000, $2,000, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

No. D. D. Lot.

Contents in

Annual

Acres, or Price. Square feet.

Upset Crown

Rent

feet. feet. feet. feet.

€

132

1831

Ying Pun

As per plan deposited in 20,000 sq. ft. the District Office, North.

200

23.00

1832

33,700

337

39.00

3 123 1514

Tai Tseng.

775

1,00

4 131

802

Hau Kok.

1,000

1.50

805

Yeung siu Hang.

325

.50

وو

6 114

1668

Sheung Tsun.

750

.10

7 376

319

So Kun Wat.

7,500

18.00

8 107

571

Sha Po.

10 acre.

.10

573

*02

•10

610

.20

577

*05

.10

586

*06

.10

587

*06

.10

588

*08

.10

674

•10

.10

678

*08

.10

688

*02

.10

689

·14

.20

539

PARTICULARS OF THE LOTS,-Continued.

Boundary Measurements.

Registry No.

Locality.

No. D. D. Lot.

feet.

feet. feet feet.

Contents in

Annual

Upset Crown

Acres, or Price. Square feet.

Rent.

€

107

691

Sha Po

As per plan deposited in the District Office, North.

11 acre.

.20

2 2 2 2

692

*05

.10

695

*25

.30

704

*10

.10

1174

•10

.10

228

375

'06

.10

520

.20

522

*03

.10

25th May, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 199.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in

Annual

Upset

Sq. feet.

Rent. Price.

feet.

feet. feet. feet.

New Kowloon

As per sale plan.

About

2,445

3,668

New Kowloon Inland

Inland Lot

No. 1869.

Un Chau Street,

Adjoining

Lot No. 1590,

Cheung Sha Wan

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

27th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

539

PARTICULARS OF THE LOTS,-Continued.

Boundary Measurements.

Registry No.

Locality.

No. D. D. Lot.

feet.

feet. feet feet.

Contents in

Annual

Upset Crown

Acres, or Price. Square feet.

Rent.

€

107

691

Sha Po

As per plan deposited in the District Office, North.

11 acre.

.20

2 2 2 2

692

*05

.10

695

*25

.30

704

*10

.10

1174

•10

.10

228

375

'06

.10

520

.20

522

*03

.10

25th May, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 199.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in

Annual

Upset

Sq. feet.

Rent. Price.

feet.

feet. feet. feet.

New Kowloon

As per sale plan.

About

2,445

3,668

New Kowloon Inland

Inland Lot

No. 1869.

Un Chau Street,

Adjoining

Lot No. 1590,

Cheung Sha Wan

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

27th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

540

PUBLIC WORKS DEPARTMENT.

No. S. 200.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents

Annual

Upset

Sq. feet.

Rent.

Price.

feet. feet. feet.

feet.

About

New Kowloon Inland Lot No. 1870.

Apliu Street, Shamshuipo.

As per sale plan.

6,000

110

15,000

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

27th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 201.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 13th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Contents in

Sale.

Sq. feet.

Annual Rent.

Upset

Price.

feet.

feet. feet.

feet.

€9-

About

Rural Building

Mount Cameron Road,

As per sale plan.

12,000

138

1,940

Lot No. 338.

West of Rural Building Lot No. 326.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

27th May, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 12 of 1932.

William Frederick Gardner of No. 438, Nathan Road, (Second floor), Yaumati, Kowloon.

Petition dated the 23rd day of May, 1932. Receiving Order dated the 23rd day of May, 1932.

OTICE is hereby given that Thursday,

　　　　　　the 2nd day of June, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 27th day of May, 1932.

N°

E. L. AGASSIZ,

Official Receiver.

NOTICE

OTICE is hereby given that by an Indenture of Assignment dated the 5th day of April, 1932 and made between the

undersigned Chan Yee Chung (1) as proprietor of the firm of Chan Chik Hau Tong (陳積厚堂)of the one

　　　　　　　　　　　　　　　　　one part and Kwong Lau Yu firm) by their representatives Wong Che Tat () and Lo Kwan Hau() of the

　　　　other part All That the shares and interest of the said Chan Chik Hau Tong of and in the

Kwong Fung Wo firm(廣豐和)of

No. 7, Bonham Strand West, Victoria, Hong Kong, General Merchants, were for the con- sideration therein mentioned assigned to the said Kwong Lau Yu firm by the undersigned.

Dated the 20th day of May, 1932.

CHAN YEE CHUNG,

(陳彛仲)

PROPRIETOR OF THE CHAN CHIK HAU TONG,

(陳積厚堂)

543

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 14 of 1930.

Notice of Application for Discharge.

Re Leung Hau Man, of No. 27, Pottinger Street, (ground floor), Victoria, in the Colony of Hong Kong, Ac-

countant.

OTICE is hereby given that the above-

named debtor, having applied to the Court, for his Discharge, the Court, has fixed Saturday, the 11th day of June, 1932, at 10 o'clock in the forenoon for hearing the application.

Dated the 27th day of May, 1932.

E. L. AGASSIZ,

Official Receiver.

NOTICE OF TRANSFER.

Purfer of Businesses Ordinance No. 25 of N pursuance of Section 3 of the Fraudulent

1923. Notice is hereby given that Abdul Hamid Rumjahn, Sirdar Ahmet Rumjahn and Abdul Emran Mahomed Rafeek all of No. 38, D'Aguilar Street, Victoria, in the Colony of Hong Kong carrying on business as General Printers, Bookbinders and Stationers in co- partnership under the style or firm name of "Rumford Printing Press at No. 38, D'Auilar Street, Victoria aforesaid (hereinafter called "the Transferors ") are desirous of transferring the said business of Rumford Printing Press General Printers Bookbinders and Stationers fixtures and fittings and signboards and all together with the goodwill furniture trade

chattels and effects of the said premises to Lam

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance, No. 25 of

1923.

Notice is hereby given that the Wo Fat

Tong () of Nos. 94 and 95 Con-

naught Road Central, Victoria Hong Kong, carrying on business under the style or firm name of Sze Hoi Tung Hotel or Boarding House

(P) (hereinafter called

"the Transferors ") have transferred to the Kung

Yick Tong() of 94 and 95 Con-

naught Road Central, Victoria aforesaid (here- inafter called "the Transferees") All That the Transferors' business of the said Sze Hoi Tung Hotel or Boarding House including the good- will, fixtures, furniture and all moneys deposited with various parties including the Kwong Luen Lodging House Guild and the Hong Kong Electric Co., Ltd., and etc.

The Transferees intend to carry on the business at 94 and 95 Connaught Road Central, Victoria aforesaid under the same firm name and will not assume the liabilities incurred in the business of the Transferors prior to the 26th day of May, 1932.

Dated the 27th day of May, 1932.

C. Y. KWAN, Solicitor for the parties.

(FILE No. 172 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Chung Ling() and Wong Ming NOTICE is hereby given that The Hang

(

Tat both of No. 21c, High

Street and Shat Yat Cho) of

No. 195. Hennessy Road, (hereinafter called "the Transferees") on the 28th day of May, 1932. The Transferees intend to carry on the business at No. 38, D'Aguilar Street, Victoria aforesaid, under the style or firm name of Rumford Printing Press and will not assume the liabilities incurred by the Transferors in the said business.

Dated the 25th day of May, 1932.

A. EL ARCULLI, Solicitor for the Transferors and Transfer ees.

Lung Firm of No. 87, Des Vœux Road West, Victoria, in the Colony of Hong Kong, have, on the 20th day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

19 45 26 cina

NOTICE.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25

of 1923, Notice is hereby given that P. Partabrai

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of business Ordinance, No. 25 of

1923.

Notice is hereby given that Fong Thew

() of No. 39, Leighton Hill Road,

of Victoria in the Colony of Hong Kong, carry- | Hong Kong, carrying on business under the

ing on business under the style or firm name of Mahtani Silk Store at No. 37, Queen's Road

Central, (ground floor), Victoria, aforesaid,

dealer in silk wearing apparel, shawls, etc., (hereinafter called "the transferor ") is desirous

style or firm name of Fly Garage (A

) (hereinafter called

　the Transferor") has transferred to Woo Hang

隆

in the name of The Hang Lung Firm, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by

of transferring the said business of the said Ying (H) (hereinafter called "the the applicants in Class 20 in respect of:

Mahtani Silk Store to P. Shewaram (who is the transferee) of No. 43A, Wyndham Street, Victoria, aforesaid, on the 10th day of June, 1932.

　　　　　The Transferee intends to carry on the said business at No. 37, Queen's Road Central, Victoria, aforesaid, and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 9th day of May, 1932.

P. PARTABRAI, PROPRIETOR OF MAHTANI SILK STORE, Transferor,

and

P. SHEWARAM,

Transferee.

Transferee") of No. 13, Leighton Hill Road, Hong Kong, All That the Transferor's business of the said Fly Garage including the goodwill, fixtures, furniture and motor car licences numbers 190, 197, and 26

The Transferee intends to carry

on the businesss at No. 39, Leighton Hill Road, Victoria aforesaid under the same firm name and will not assume the liabilities incurred in the business of the Transferor prior to the 26th day of May, 1932.

Dated the 27th day of May, 1932.

C. Y. KWAN, Solicitor for the parties

Explosive substances such gun- powder, guncotton, dynamite, fog- signals, percussion caps, fireworks, fire-crackers and cartridges.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of May, 1932.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hona V

544

(FILES Nos. 168 AND 167 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft, of Frankfort-on-Main, Germany, Manufacturers, have, on the 14th and 15th days of March, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :- 0

(1)

Coffeminal"

(2)

Agfacolor

克

天

BIL

(FILE No. 98 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Bo Yuen Firm of No. 43, Yen Chow Street, (1st Floor), Shamshuipo in the Co'ony of Hong Kong, on the 30th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

然顔色

　　　in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Chemical Substances prepared for use in medicine and pharmacy

in Class 3.

　　　　　　Trade Mark No. 2 has been used by the Applicants since March, 1932 in respect of --

Photographic plates and photographic films sensitized in Class 1. Trade Mark No. 2 is to be associated with Trade Marks Nos. 382 to 387 and 404 of 1924, and No. 41 of 1930.

　　　　　　　Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

in the name of the said Bo Yuen Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of :-

Bean cakes to be used as fertiliser in

Class 2.

Dated the 27th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 165 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Henry Graye

of 5, Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 14th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

GRAVE BLA

BLOCL

ORDINANCES FOR 1931.

DOUND volumes of Ordinances of

BOUND

　　　　　Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5, Duddell Street.

WET MIX-WET STRIP PROCESS

REGULATIONS OF HONG KONG claims to be the proprietor thereof.

in the name of the said Henry Graye, who

1844-1925

NOTER-UP

(to end of 1931) Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

The Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Concrete Building Blocks in Class 17.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of May, 1932.

HENRY GRAYE,

5, Queen's Road Central, Hong Kong, Applicants.

(FILE No. 102 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Fung Keong

TRADE

MARK

999

545

(FILE No. 115 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Chen Ah

Company, of Nos. 3, 4 and 5, Kwan Yick Street, ground floors), Victoria, in the Colony of Hong Kong, have on the 12th day of April, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely : -

(FILE No. 171 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the American-Far Eastern Match Company, day of May, 1932, applied for the registration Federal Incorporated, U.S.A., have on the 9th

in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

LUCKY BOY

Dated the 29th day of April, 1932.

D'ALMADA & MASON, Solicitors for the Applicants, No. 33, Queen's Road Central,

Hong Kong.

(FILE No. 19 OF 1929)

TRADE MARKS ORDINANCE 1909.

N°

Application for Registration of

a Trade Mark.

OTICE is hereby given that Grotjahn and Company, of 67 to 69, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, Merchants, have, on the 16th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark -

"ABUS"

in the name of Grotjahn and Company, who claim to be the proprietors thereof.

　　　　The said Trade Mark is intended to be used by the Applicants forthwith in respect of Pad- locks in Class 13.

Dated the 29th day of April, 1932.

GROTJAHN & COMPANY.

in the name of the said Chen Ah Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 2 in respect of Sanitary Disinfecting Fluid.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 121 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the British

Manufacturers Export Association (Tex- tiles), Ltd., of No. 320, Kiangse Road, Shang- hai, on the 6th day of April, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

MADE IN CHINA BY THE AMERICAN FAR EASTERN MATCH CO. FEDERAL INC. U.S.A

in the name of the American-Far Eastern Match Company, Federal Inc., U.S.A., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of the goods mentioned forthwith.

Dated the 27th day of May, 1932.

H. A. PEARSON, Agent for the Applicants, Asiatic Building, Hong Kong.

(FILE No. 112 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Wellman

Company, of No. 98, (Second Floor), Connaught Road West, Hong Kong, have, on the 9th day of April, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

HEAMOGEN

(2)

(FILE No. 19 OF 1929)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that C. C. Wake-

　　　　　　field & Company, Limited, of London, England, Manufacturers, of Motor and Lubricat- ing Oils, have, on the 15th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CASTROL"

ni the name of C. C. Wakefield & Company, Limited, who claim to be the proprietors there-

of.

　　　　The above Trade Mark is intended to be used by the Applicants forthwith in respect of Motor and Lubricating Oils in Class 47.

Dated the 29th day of April, 1932.

C. C. WAKEFIELD AND

COMPANY, LIMITED.

in the name of the said British Manufacturers Export Association (Textiles) Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Worsted Tissues (piece goods) in Class 34.

Dated the 29th day of April, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

Stenb

子

in the name of Wellman Company, who claim to be the proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Tonic Medicine in Class 3.

Dated the 29th day of April, 1932.

WELLMAN COMPANY,

No. 98, (2nd floor), Connaught Road West, Hong Kong, Applicants.

(FILE No. 146 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

546

OTICE is hereby given that Chung Kwok Li Cheong Linseed-oil Company (+0%260) of No. 10,

Queen's Road Central, (2nd floor), Victoria in the Colony of Hong Kong, have, on the 3rd day of May, 1932, applied for registration in Hong Kong, of the accompany Trade Mark:-

標商嘜象

(FILE No. 162 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Shing

Tai Chan Hop Kee Firm

R of No. 170, Wing Lok Street West (ground floor), Victoria in the Colony of Hong Kong, have on the 10th day of May, 1932,

applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Tarde Mark:

in the name of the said Chung Kwok Li Cheong

Linseed oil Company, who claim to be the proprietors thereof.

The above Trade Mark bas already been used by the Applicants in respect of oils in Class 4.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

in the name of the Shing Tai Chan Hop Kee Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants for over 4 years in Class 42 in respect of preserved vegetables.

Facsimiles of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

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

548

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 202.-The following bill is published for general information:-

(C.S.O. 10070/1903.)

A BILL

[No. 27--13.5.32.-3.]

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.

INTITULED

An Ordinance for the resumption of the City Hall property.

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.

(2) The provisions of sections 10, 11 and 12 of the Unclaimed Balances Ordinance, 1929, shall apply to any 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.

(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.

549

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 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 and furni-

effects.

5. Nothing in this Ordinance shall be deemed to affect Saving of the rights of His Majesty the King, His Heirs or Successors.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　the rights or the rights of any body politic or corporate or of any other Crown and person except such as are mentioned in this Ordinance and of certain those claiming by, from or under them.

other

persons.

Objects and Reasons.

1. The Buildings known as the City Hall are situate on Marine Lot No. 82.

2. By Indenture of Crown Lease the Lot was granted by Her late Majesty Queen Victoria, subject to the payment of the nominal sum of five dollars and reserved rental of one dollar per annum for the term of 999 years from the 1st March, 1866, to three individuals as lessees-A. Turing, J. Macdonall and Phineas Ryrie.

3. The usual lessee covenants in the Indenture (including a ten thousand dollar building covenant) were preceded by the following words :-

"And in order that the convenants hereinafter contained on the lessees part may attach to and run with the said land and the tenancy thereof and be obligatory on the lessees their Executors Administrators and Assigns so long only as they shall be in actual possession of the premises but not further or otherwise the said lessees do jointly and severally for themselves their heirs executors administrators and assigns

.........covenant promise and agree, etc.

4. The final covenant is varied, however, by the insertion of the following words :-

"And further that the said lessees their executors administrators and assigns or any other person or persons shall not nor will during the continuance of this demise use the said demised premises otherwise than as and for a City Hall."

5. The final clause in the lease is as follows:-

"And whereas the demise hereinbefore contained has been made by Her said Majesty in order that a fit and proper site may be had solely for the purpose of the said City Hall, and although the value of the said site is considerable, the said demise has been made (of Her said Majesty's favour) without pecuniary consideration but upon the condition next

550

hereinafter expressed, that is to say, Provided lastly that the said demised premises shall not nor shall any part thereof be used for any other purpose than for a City Hall and that in case the said demised premises or any part thereof shall thereafter be used for any purpose other than for a City Hall, then in every or any such case the term estate and interest thereby demised in the said premises shall thereupon absolutely cease and determine and it shall and may be lawful for Her said Majesty, Her Heirs Successors and Assigns by the Governor of Hong Kong for the time being or other person duly authorised in that behalf into and upon the said demised premises or any part thereof in the name of the whole to re- enter and the same to have again retain reposess and enjoy as in Her or their first of former estate and as if these presents had not been made and the said lessees their executors administrators and assigns and all other occupiers of the said premises thereout and thence utterly to expel put out and amove, this Indenture or anything contained therein to the contrary notwithstanding."

6. It is believed that of the three lessees the last survivor was Phineas Ryrie, who in Suit No. 93 of 1890 unsuccessfully claimed an injunction against the Government from proceeding with the Praya reclamation opposite Marine Lot 82, and who died on the 21st February, 1892, devising to the trustees of his will, their heirs, executors and assigns, subject to the trusts and equities affecting the same, all estates vested in him as trustee. Letters of Administration with the will and codicils annexed were granted on the 14th April. 1892, to A. W. Walkinshaw, attorney for C. Carey Smith, one of the trustees of the will. The Letters of Administration were not registered against the title in the Land Office and since that date none of the representatives of the lessees seem to have concerned themselves with the property in any way.

7. The buildings appear to have been erected by public subscription, commencing in 1865, each individual, firm or corporation subscribing $100 received a so-called "ordinary share", and 216 of such "shares" of a total nominal value of $21,600 were issued to 61 "shareholders". As the building proceeded it was found that the sum subscribed was insufficient and Sir Robert Jardine, whose firm held fifteen "ordinary shares" appears then to have subscribed $50,000 and to have received 105 so-called "preference shares" of various denominations but totaling $50,000.

S. If these "shareholders' are to be regarded as an association for the purpose of carrying on any business having for its object the acquisition of gain by its individual members it will be illegal under the Companies Ordinances of 1865 and 1911. No interest or return has ever been paid, however, to the holders of any of these shares, the whole income, supplemented by occasional government grants, having been devoted to the upkeep and improvement of the building, with the exception of a small reserve fund which now amounts to about $4,000.

9. The buildings have been managed hitherto by a committee which appears to have been elected by the original subscribers with power to add to its number. None of those originally elected remain, the present members having been co-opted as occasion arose. The senior member in Hong Kong of the firm of Jardine, Matheson & Co. is chairman of the committee.

551

10. The buildings consist of a theatre on the western portion of the lot and of certain halls and rooms on two floors on the eastern portion. Those on the upper floor have been used for balls, receptions and meetings and those on the lower floor for a free library and museum, and latterly also as a Y.M.C.A. Club for the Naval, Military and Air Forces.

11. The buildings are old and the committee are now faced with the problem of having to spend a sum of money far in excess of any that they are in a position to command to modernise them and to put them into a proper state of repair and.of safety against fire or into the state required by law for buildings to which the public have access. They have therefore closed the premises and it becomes necessary for the Government to intervene.

12. In all the circumstances of the case it is considered better for the Government to resume possession of the property by means of an ad hoc Ordinance rather than to proceed under the powers reserved by the Crown Lease.

13. It is not the intention of the Government to re-erect a City Hall on this site, part of which will be sold and part developed to accord with a general scheme of town planning; but as a part of that scheme it is the intention of the Govern- ment to make provision for public amenities of the kind hitherto provided by the Committee of the City Hall.

May, 1932.

C. G. ALABASTER,

Attorney General.

552

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 203. The following names of successful tenderers are notified for general information :-

Government Notification.

Particulars.

Firms.

S. 133 of 8.4.32.

S. 139 of 15.4.32.

Tender for removal and re-erection of the Messrs. Sang Tai &

Fire Sub-Station, Wanchai.

Tender for repairs to Rescue Tug "Kau

Sing".

Co.

Kau

and

S. 140 of 15.4.32.

S. 150 of 22.4.32.

S. 151 of 22.4.32.

Messrs. The Taikoo

Dockyard Engineering Co. of Hong

Kong, Ltd.

Tender for Nullah Training, Quarry Bay Messrs. Kin Lee &

District.

Tender for 1st Section of new 100 ft. Road between Causeway Bay and Ming Yuen Gardens.

Tender for Postal Kiosk at Kowloon City.

Tender for improving existing main roads

for motor traffic, Kowloon.

Co.

Mr. Tang Shiu Kwong.

Messrs. Kin Lee &

Co.

Messrs. Hop Hing &

Son.

Tender for Protection of Embankment, Mile Mr. Ngai Foon.

63, K.C.R.

S. 152 of 22.4.32.

S. 160 of 29.4.32.

S. 161 of 29.4.32.

S. 162 of 29.4.32.

Tender for Asphaltum.

S. 171 of 6.5.32.

Tender for Transporting and Dumping Messrs. Tung Shing

Rubble at North Point.

Firm.

Messrs. The Texas

Company (China), Ltd.

Tender for Service Reservoir at Taipo Messrs. Blackmore

Market.

& Blackburn, Ltd.

31st May, 1932.

E. R. HALLIFAX,

Colonial Secretary.

553

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 204.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st May, 1932, as -certified by the Managers of the respective Banks :-

BANKS.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

TOTAL

AVERAGE AMOUNT.

SPECIE IN RESERVE.

21,501,021 8,300,000*

132,313,985 112,000,000†

3,176,020 1,350,000$

$ 156,991,026 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,463,400.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

2nd June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　No. S. 205.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

2nd June, 1932.

1011-102

E. R. HALLIFAX,

Colonial Secretary.

554'-

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 206.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Reference to

Date.

Government

Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301..

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932

No. S. 98

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong, on account of Cerebro-Spinal Meningitis.

28th April, 1932.

No. S. 175.

Port Swettenham. (F.M.S.)

2nd June, 1932.

Do.

29th April, 1932.

No. S. 176.

E. R. HALLIFAX,

Colonial Secretary......

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Receiving Order and First General Meeting of Creditors.

No. 13 of 1932.

Re Julius Holm, of No. 298, Lockhart Road, (top floor, Victoria in the Colony of Hong Kong, Clerk.

Petition dated the 31st day of May, 1932. Receiving Order dated the 31st day of May, 1932.

NOTICE is of Siune, 1932, at 10.30

OTICE is hereby given that Thursday,

o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously -proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 14 of 1932.

Re Wong Wing Yuet of No. 24, Stanley Street, first floor), Victoria in the Colony of Hong Kong, Clerk.

Petition dated the 31st day of May, 1932. Receiving Order dated 31st day of May, 1932.

NOTICE is hereby given that Thursday.

the 9th day of June, 1932, at 11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 1st day of June, 1932.

E. L. AGASSIZ,

Official Receiver.

558

IN THE SUPREME COURT OF

HONG KONG,

IN BANKRUPTCY.

No. 8 of 1932.

Notices of Public Examination.

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), · Kowloon in the Colony of Hong Kong, Clerk.

TOTICE is hereby given that the Public Examination of the debtor Cecilio Paulo Pintos will be held at Supreme Court. Victoria, in the Colony of Hong Kong, on Saturday, the 11th day of June, 1932, at 10 a.m.

No. 11 of 1932.

Re Luiz Gonzaga Morales of No. 1, Kwong Ming Street, (top floor, Wanchai in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public Examination of the debtor Luiz Gonzaga Morales will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, Saturday, the 11th day of June, 1932, at 10 a.m.

No. 12 of 1932.

Re William Frederick Gardner of No. 438, Nathan Road, (Second floor), Yaumati, Kowloon.

NOTICE is hereby given that the Public

Examination of the debtor William Frederick Gardner will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday the 11th day of June, 1932, at 10 a.m.

Dated the 2nd day of June, 1932.

E. L. AGASSIZ,

Official Receiver.

(FILE No. 171 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the American-Far Eastern Match Company, Federal Incorporated, U.S.A., have on the 9th day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:----

NOTICE OF TRANSFER.

N Pursuance of Section 3 of the Fraudulent Transfer of Businesses Ordinance, No. 25 of 1923.

Notice is hereby given that The Him Tai Lee Kee Pawn Shop carrying on business as Pawn Brokers at No. 206, Shanghai Street, in the Dependency of Kowloon in the Colony of Hong Kong (hereinafter called The Trans- ferors") have by an agreement in writing dated the 28th day of May, 1932, agreed to assign the said business to Lau Keang Yu and Young Kin Sang of No. 19, Jubilee Street 2nd floor Victoria in the Colony of Hong Kong (hereinafter called "the Transfereers") as from the 28th day of May, 1932.

The Transferees intend to carry on the business at No. 206, Shanghai Street, Kowloon aforesaid and will not assume any liabilities incurred in the business by the Transferors.

Dated the 28th day of May, 1932.

RUSS & CO., Solicitors for the Transferors

and Transferees,

THE CHINESE MERCHANTS STOCK EXCHANGE AND PRODUCE MART CO., LTD.

(In Liquidation).

NOTICE OF FINAL MEETING.

NOTICE is hereby given that a General

Meeting of the Company will be held at No. 233, Des Voeux Road Central, (Top floor), on Monday the 25th day of July, 1932, at 4 p.m. for the purpose of laying before it the Liquidator's account of the winding-up and the Official Receiver's report and given any explanation thereof.

Notice is also given that the meeting will be asked to pass an extraordinary resolution directing the manner in which the books and papers of the Company and of the Liquidator may be disposed of.

Dated this 1st day of June, 1932.

CHENG MAN PO,

鄭文波

Liquidator.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of Notice is hereby given that Wong Yim

1923.

Wing() of No. 14, Cross Street,

Victoria, Hong Kong, carrying on the business of pawn-broker at the same address under the style or firm name of Fook Hing Pawnshop (hereinafter called "the Trans- feror") has transferred to Wong Yu Hung

(黃裕鴻) alias Hau On Tong (厚安

　　　　　) of No. 14, Cross Street, aforesaid Merchant (hereinafter called "the Transferee") All That the Transferor's business of the said Fook Hing Pawnshop together with the good- will, stock in trade, chattels, fixtures, furniture and the pawned goods and effects thereof.

　　　　　　The Transferee intends to carry on the said business at No. 14, Cross Street, aforesaid under the same firm name, and will not assume any of the liabilities inccurred in the business by the Transferor prior to the 27th day of May. 1932.

Dated the 3rd day of June, 1932.

Transferor:

WONG YIM WING,

Transferee:

WONG YU HUNG.

LUCKY BOY

MADE IN CHINA BY

THE AMERICAN FAR EASTERN MATCH CO. FEDERAL INC. U.S.A

in the name of the American-Far Eastern Match Company, Federal Inc., U.S A., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of matches in Class 47 forthwith.

Dated the 2nd day of June, 1932.

H. A. PEARSON, Agent for the Applicants, Asiatic Building,

Hong Kong.

NOTICE.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25

of 1923. Notice is hereby given that P. Partabrai of Victoria in the Colony of Hong Kong, carry- ing on business under the style or firm name of Mahtani Silk Store at No. 37, Queen's Road Central, (ground floor), Victoria, aforesaid, dealer in silk wearing apparel, shawls, etc., (hereinafter called "the transferor ") is desirous of transferring the said business of the said Mahtani Silk Store to P. Shewaram (who is the transferee) of No. 43A, Wyndham Street, Victoria, aforesaid, on the 10th day of June, 1932.

The Transferee intends to carry on the said business at No. 37, Queen's Road Central, Victoria, aforesaid, and will not assume the liabilities incurred by the Transferor in the said busines-.

Dated the 9th day of May, 1932,

P. PARTABRAI,

PROPRIETOR OF MAHTANI SILK STORE,

Transferor,

and

P. SHEWARAM,

Transferee.

REGARD

(FILE No. 173 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that Li and Fung

of No. 186, Luk Yee Sam Road, Canton

and of No. 10, Chiu Loong Street, Victoria Hong Kong, on the 20th day of May, 1932, applied for the registration, in Hong Kong, in

the Register of Trade Marks, of the following Trade Marks, viz :--

559

(FILE NO. 371 of 1931.)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Standard Laboratories, Inc., of 113 West 18th

Street, New York, United States of America, Manufacturers, have on the 27th day of February, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(1)

VERY

BEST

廣 FLASHLIGHT 老

廣州希冀耀造

FIRE

CRACKERS

BULLDOG

BRAND

MANUFACTURED BY

TO YIU

CANTON, CHINA.

老虎狗牌電光炮

Staa

Hingay

IZATULK

PERSKLO

HAMASLENESTÁT

LT355PLAIN.

LANGUA

WMOCION

PLANS, SCH

HIN

OMB

BUSYTHON

Makes

291

destinate hair stay tombed. Prevents brīt- Ileness, Keeps her sert and lustrous. Bringe hair back to natural state after shampooing ideal for pomega- deurs. Also excellent for women heir after shampeeing, alding in curling and weing, and for restoring luster te'hair after 14 - permanent maring, v

Net Sticky, Net Gunny,

STANDARD LABORATORIEŠ JH

(NEW YORK-ST. LOUIS-LOS ANGELES "

U.S.A.

HOEALTUKTIGHE

KEISUNGSA PALA TO CAN

MURROMINTAKYARDEN

MADE IN CHINA

(2)

11⁄2"

LENGTE

WARRANTED

HIGHEST QUALITY EXTRA SELECTED FLASHLIGHT FIRE CRACKERS

GIRAFFE

BRAND

中國廣州道耀好

製

SOLE

| PROPRIETORS

LI & FUNG

CANTON

MADE IN CHINA BY

TO YIU

CANTON, CHINA.

REPORTS

靚凈葯快引電光炮

DO NOT

HOLD IN MAND

AFTER LIGHTING

　　in the name of the said Li and Fung who claim to be the sole proprietors thereof.

　　　The Trade Marks have been used by the Ap- plicants in respect of Fire crackers and fire works in Class 20.

　　　The Applicants disclaim the right to the exclusive use of all the words. figures and characters on the Marks except "Giraffe Brand" and "

　　　　　Bulldog Brand" respectively, and the name and address of the firm.

Dated the 2nd day of June, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

in the name of Standard Laboratories Inc., who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of :-

Pomades for the hair, Toilet Articles. preparations for the teeth.

and hair, perfumery and perfumed soap in Class 48.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1931.

(FILE No. 80 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE hereby given that william

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 89 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G.

R. Warner & Co, Inc. of 113 West 18th N Farbenindustrie Aktiengesellschaft of

Street, City and State of New York, United States of America, have, on the 18th day of January, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

Frankfurt on Main, Germany, Manufacturers, have on the 16th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

Cal-Bis-Ma Atebrin

in the name of William R. Warner & Co., Inc., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of medicines and pharmaceu- tical preparations in Class 3.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st day of April, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of I. G. Farbenindustrie Aktien- gesellschaft who claim to be the sole pro- prietors thereof.

The Trade Mark has not hitherto been used by the Applica ts but it is their intention to use same for hwith in respect of :-

Dated the 1st day of April, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

560

(FILE No. 104 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Kanegafuchi Boseki Kabushiki Kwaisha, of

NOTICE

1612, Sumida-machi, Minami-Katsushika-gun, Tokyo-fu, Japan, a

　　　corporation duly organized and existing under the Law of Japan and carry- ing on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks :-

(1)

人美京

(2)

(FILE No. 104 of 1932) TRADE MARKS ORDINANCE, 909.

Application for Registration of

Four Trade Marks.

NOTICE is hereby given that Kanegafuchi

Boseki Kabushiki Kwaisha, of 1612, Sumida-machi, Minami-Katsushika-gun, Tokyo- fu, Japan, a corporation duly organized and existing under the Law of Japan and carrying on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1952, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks:-

(1)

圖龍九

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Proprietors thereof.

　　　　　　The above Trade Marks have been used by the Applicants in respect of Silk Piece Goods of all kinds in Class 30.

Representations of the above Trade Marks are deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants,

Prince's Building,

Hong Kong.

(2)

12 11 16

(3)

(FILE No. 104 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE

OTICE is hereby given that Kanegafuchi Sumida-machi, Minami-Katsushika-gun, Tokyo- fu, Japan, a corporation duly organized and existing under the Law of Japan and carrying on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

The above Trade Mark has been used by the Applicants in respect of Articles of Clothing of all kinds in Class 38.

A representation of the above Trade Mark is deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD.,

The Agents for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 125 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

LION & SON

KNITTING CO.

DOG HEAD BRAND

牌頭狗

in the name of Lion & Son Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applican's in respect of Articles of Clothing in Class 38.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 6th day of May, 1932.

LION & SON KNITTING FACTORY, No. 104, Apliu Street, Shamshuipo, Hong Kong, Applicants.

THE

MARK

REGISTERED

QUALITY

TRADE

(4)

MARK

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

The above Trade Marks have been used by the Applicants in respect of Cotton Piece Goods of all kinds in Class 24

Representations of the above Trade Marks are deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1931.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 8 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Central

Trading Company of No. 6, Des Voeux

　　Road Central, Victoria, in the Colony of Hong Kong, have on the 15th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark viz:-

561

(FILE NO. 143 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is given that The Nanyang

Brothers Tobacco Company, Limited, of No. 271, Wanchai Road, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

(FILE No. 85 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Himly

牌中

ROLLEDOATS

銀行洋原中

GALLANT

山河

ME CLO

美

加露

in the name of The Central Trading Company,

who claim to be the proprietors thereof.

　　　The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food.

The Applicants disclaim the right to the exclusive use of the words " Rolled oats."

　　　A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 1st of April, 1932.

RUSS & CO., Solicitors for the Applicants, 6, Des Vœux Rood Central, Hong Kong.

(FILE No. 81 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

NOTICE'is hereby given that The Victoria Battery Company of No. 187, Wing Lok Street, Victoria, in the Colony of Hong Kong, on the 8th day of March, 1932, applied for the registration in Hong Kong in the Registrar of Trade Marks, of the following Trade Mark :-

505

VICTORY

TRADE MARK_REGISTERED UNIT CELL

FOR FLASHLIGHT

MANUFACTURED BY VICTORIA BATTERY CO.

VICTORIA CITY

THE SOLE IMPORTER

MAN CHOON SIANG CO.

BANGKOK SIAM.

CIGARETTES

ÑANYANG BROTHERS TOB.CO.UD,

in the name of The Nanyang Brothers -Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 6th day of May, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

FILE No. 250 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is Robinson Road, Victoria,

OTICE is hereby given that Ho Brothers

Hong Kong, have, on the 16th day of July, 1931, applied for the registration in Houg Kong, in the Register of Trade Marks of the following Trade Mark :-

in the name of The Himly Limited, who claim

to be the proprietors thereof.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the under- signed.

Dated the 1st day of April, 1932.

THE HIMLY LIMITED, Applicants,

No. 32, Connaught Road Central, Hong Kong.

(FILE No. 68 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

DRAGON R

in the name of the said Victoria Battery Com- pany, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Electric Flash- lights Batteries in Class 8.

　　　The Applicants disclaim the right to the ex- clusive use of all the words and figures with the exception of " Victory " and the firm's name and address.

　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 1st day of April, 1932.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

HOVITZER

in the name of the said Ho Brothers, who claim to be the proprietors thereof.

The said Trade Mark has been used by the applicants for the four years last past in respect of perfumery and toilet articles in class 48.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants,

Pedder Building,

Hong Kong.

BRAND

in the name of Messrs. John Manners & Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by applicants forthwith in Class 50 in respect of Cord, cordage, plaits (not of metal).

Facsimile of the above Mark can be seen at the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 1st day of April, 1932.

JOHN MANNERS & CO., LTD.,

Annlicante

562

(FILE No. 78 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

NOTICE

OTICE is hereby given that British Dyestuffs Corporation, Ltd., of Hexagon House, Brackley, Manchester, England, have, on the 7th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE No. 91 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that David Fong Wong (of No. 69, Shan- tung Street, Mongkok in the Dependency of Kowloon in the Colony of Hong Kong, has on the 18th day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

in the name of British Dyestuffs Corporation, Ltd., who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of :- Raw or partly prepared vegetable, animal and mineral substances used in manufactures, not included in other Classes, in Class 4; Cotton yarn and sewing cotton in Class 23; and Cotton piece goods of all kinds in Class 24.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of May, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of the said David Fong Wong, who claims to be the sole proprietor thereof.

The above Trade Marks have not hitherto been used but are intended to be used forthwith

by the applicants in Class 38 in respect of

cotton and artificial silk singlets.

Facsimiles of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks andof the undersigned.

Dated the 1st day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicant, Pedder Building, Hong Kong.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

ORDINANCES FOR 1931.

OUND volumes of Ordinances of

UND

Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year, Three months, (do.),

(do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

.$1.00 for 1st .$0.20 ƒ insertion.

5 cents. Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

MADAMULA

VANA

564

LEGISLATIVE COUNCIL.

No. S. 207.-The following bill as amended in Committee of the Legislative Council is published for information in accordance with the Standing Orders :--

| No. 24-27.4.31.-7.] [9.6.32.-3.]

C.S.O. 3143/30.

A BILL

Short title.

Interpreta- tion,

INTITULED

An Ordinance to consolidate and amend the law regulating the granting of Pensions. Gratuities and other Allowances in respect of public service.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

ance,

1. This Ordinance may be cited as the Pensions Ordin-

1932.

2. In this Ordinance, unless the context otherwise requires,

(a) "Officer" includes a judge of the Supreme Court. (b) "Pensionable office" means-

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 a pensionable office under the law or regulations in force relating to such service.

565

(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.

(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 Regula- with the sanction of the Secretary of State to make regulations tions. 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.

etc., to be

4. There shall be charged on and paid out of the General Pensions, revenue and assets of the Colony all such sums of money as charged on may from time to time be granted by way of pension, gratuity revenue and or other allowance under this Ordinance.

assets of the

Colony.

of right.

5.-(1) No officer shall have an absolute right to com- Pensions, pensation for past services or to any pension, gratuity or other ett 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 Certificate other allowance without a certificate to the effect that he has of conduct. 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.

or reduction

(3) Where it is established to the satisfaction of the Withholding Governor in Council that an officer has been guilty of of pension, negligence, irregularity or misconduct, the pension, gratuity etc. or other allowance may be reduced or altogether withheld.

6. No pension, gratuity or other allowance shall be Service not granted under this Ordinance to any officer-

Qualifying for pension,

(a) in respect of any service in any of the following etc. 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

No pen- sion, etc., to members of the Police

Force, etc., under this Ordinance.

Cases in which pension,

etc., may bɛ granted.

566

(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.

7. Except as expressly provided in the Police Force Ordinance, 1900, as amended by the Police Force Amendment Ordinances, 1929 and 1930 and by section 21 of this Ordinance, no pension, gratuity or other allowance shall be granted under this Ordinance to any member of the Police Force or member of the civilian staff referred to in the said Ordinance.

8. No pension, gratuity or other allowance shall be granted under this Ordinance to any officer who has retired 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 n 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

(f) on abolition of his office; or

(g) upon his removal on the ground of inefficiency as provided in section 9.

567

9. Where an officer is removed from his office on the Retirement ground of his inability to discharge efficiently the duties for ineffi- thereof, and a pension, gratuity, or other allowance, cannot

10. (1) It shall be lawful for the Governor in Council Compulsory to require any officer other than a judge, whenever appointed, retirement. 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

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.

pension

11. (1) A pension granted to an officer under this Maximum Ordinance shall not exceed two-thirds of the highest pension- from all able emoluments drawn by him at any time in the course of public his service in this Colony.

sources.

Pension etc., not to be assignable.

Pension etc., to

cease on

568

(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.

13. If any officer to whom a pension or other allowance has been granted under this Ordinance is adjudicated a bankruptcy. bankrupt or is declared insolvent by judgment of the Court,

then such pension or allowance shall forthwith cease:

Pension etc., to

cease on

conviction.

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.

14.--(1) If any person to whom a pension or other allowance has been granted under this Ordinance is convicted before any Court of competent jurisdiction whether in the 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 shalli forthwith cease, and thereupon such pension or allowance shall cease accordingly.

(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.

569

cease on

employment

15.-(1) If any person to whom a pension or other Pension, allowance has been granted under this Ordinance becomes etc., to either a director of any company the principal part of whose accepting business is in any way directly concerned with this Colony, in certain or an officer or a servant employed in this Colony by any such companies. 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.

Estate

in service

16. Where an officer holding a pensionable office, who Gratuity to is not serving on probation or agreement, dies while in service where of this Colony, and during the five years preceding his death officer dies has continuously held pensionable office in this Colony or of the offices in other public service which were, when he held them, Colony. 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.

officers

17. Where an officer, being a woman and holding a Gratuity pensionable office in this Colony, has completed not less than to women five years' service in this Colony, and resigns such office on, retiring on or with a view to marriage, or is required to retire from the marriage. 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.

Pension

etc., in

18. (1) It shall be lawful for the Governor in Counci to award to the widow and orphans of an officer who has been to widow, killed in the discharge of his duty, or who dies as a direct result etc., of of injuries received while on duty, or who dies of illness the killed, contraction of which was specifically attributable to the nature discharge of his duties, a pension not exceeding ten-sixtieths of the of duty. deceased officer's emoluments or $100 a year, whichever sum is greater Provided that this maximum may be exceeded in exceptional cases.

Application

of Ordin-

ance.

Inter- pretation of "pension" in Ordin- ance No. 15 of 1908, where the pension of

the con- tributor himself is referred to.

Amend- ment of

Section 17A of Ordin- ance No. 11 of 1900. Ordinance No. 18 of 1929.

Repeal of Ordinance No. 2 of 1862, and Ordinance No. 2 of 1928.

570

(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.

20. Where in the Widows' and Orphans' Pension Ordin- ance, 1908, or in any Ordinance amending or substituted for the same, the pension of any person who is the contributor himself is referred to, then if such person receives, in respect of some period of service for such pension, both a gratuity and a pension the amount of such pension, for the purposes of the said Ordinance, shall be deemed to be four-thirds of its actual amount.

21. Section 17A of the Police Force Ordinance, 1900, as amended by the Police Force Amendment Ordinance, 1929, is amended by the substitution of the words "the provisions of the Pensions Ordinance, 1932, and any regulations made thereunder" for the words "the provisions of the pension minutes issued under or for the purposes of the Pensions Ordinance, 1862".

22. The following enactments are repealed:

(a) The Pensions Ordinance, 1862.

(b) The Pensions Amendment Ordinance, 1928.

571

Objects and Reasons.

2. The object of this Ordinance is to substitute therefor provisions contained in a new Ordinance and Regulations based on the recent pension enactments of similar Colonies or States.

April, 1932.

C. G. ALABASTER,

Attorney General.

572

No. S. 208. The following Bills were read a first time at a meeting of the Council held on the 9th June, 1932:-

(C.S.O. 10070/1903.)

A BILL

[No. 27--13.5.32.-3.]

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 1.929.

INTITULED

An Ordinance for the resumption of the City Hall property.

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 and number eighty-two dated the sixth day of March, 1866, 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 casements of any persons or class of persons, whether Crown leaseholders, shareholders in the City Hall or licensees or otherwise, whether inter se or

other respect in any to the user or possession or occupation of, in, over, or in any way in relation thereto are absolutely extinguished and determined.

573

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 museum 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 furni-

effects.

the rights

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

other

persons.

}

Objects and Reasons.

1. The Buildings known as the City IIall are situate on Marine Lot No. 82.

2. By Indenture, of Crown Lease the Lot was granted by Her late Majesty Queen Victoria, subject to the payment of the nominal sum of five dollars and reserved rental of one dollar per annum for the term of 999 years from the 1st March, 1866, to three individuals as lessees-A. Turing, J. Macdonall and Phineas Ryrie.

3. The usual lessee covenants in the Indenture (including a ten thousand dollar building covenant) were preceded by the following words :--

....covenant promise and agree, etc.

4. The final covenant is varied, however, by the insertion. of the following words -

5. The final clause in the lease is as follows:--

574

hereinafter expressed, that is to say, Provided lastly that the said demised premises shall not nor shall any part thereof be used for any other purpose than for a City Hall and that in case the said demised premises or any part thereof shall thereafter be used for any purpose other than for a City Hall, then in every or any such case the term estate and interest thereby demised in the said premises shall thereupon absolutely cease and determine and it shall and may be lawful for Her said Majesty, Her Heirs Successors and Assigns by the Governor of Hong Kong for the time being or other person duly authorised in that behalf into and upon the said demised premises or any part thereof in the name of the whole to re- enter and the same to have again retain reposess and enjoy as in Her or their first or former estate and as if these presents had not been made and the said lessees their executors administrators and assigns and all other occupiers of the said premises thereout and thence utterly to expel put out and amove, this Indenture or anything contained therein to the contrary notwithstanding."

6. It is believed that of the three lessees the last survivor was Phineas Ryrie, who in Suit No. 93 of 1890 unsuccessfully claimed an injunction against the Government from proceeding with the Praya reclamation opposite Marine Lot $2, and who died on the 21st February, 1892, devising to the trustees of his will, their heirs, executors and assigns, subject to the trusts and equities affecting the same, all estates vested in him as trustee. Letters of Administration with the will and codicils annexed were granted on the 14th April, 1892, to A. W. Walkinshaw, attorney for C. Carey Smith, one of the trustees of the will. The Letters of Administration were not registered against the title in the Land Office and since that date none of the representatives of the lessees seem to have concerned themselves with the property in any way.

7. The buildings appear to have been erected by public subscription, commencing in 1865, each individual, firm or corporation subscribing $100 received a so-called "ordinary share", and 216 of such "shares" of a total nominal value of $21,600 were issued to 61 "shareholders". As the building proceeded it was found that the sum subscribed was insufficient and Sir Robert Jardine, whose firm held fifteen "ordinary shares' appears then to have subscribed $50,000 and to have received 105 so-called "preference shares" of various denominations but totaling $50,000.

8. If these "shareholders' are to be regarded as an association for the purpose of carrying on any business having for its object the acquisition of gain by its individual members it will be illegal under the Companies Ordinances of 1865 and 1911. No interest or return has ever been paid, however, to the holders of any of these shares, the whole income, supplemented by occasional government grants, having been devoted to the upkeep and improvement of the building, with the exception of a small reserve fund which now amounts to about $4,000.

9. The buildings have been managed hitherto by à committee which appears to have been elected by the original subscribers with power to add to its number. None of those originally elected remain, the present members having been co-opted as occasion arose. The senior member in Hong Kong of the firm of Jardine, Matheson & Co. is chairman of the committee.

}

575

11. The buildings are old and the committee are now faced with the problem of having to spend a sum of money far in excess of any that they are in a position to command to modernise them and to put them into a proper state of repair and of safety against fire or into the state required by law for buildings to which the public have access. They have therefore closed the premises and it becomes necessary for the Government to intervene.

May, 1932.

C. G. ALABASTER,

Attorney General.

Short title.

Amend- ment of Ordinance No. 36 of 1931.

C.S.O. 3 in 4299/31.

576

A BILL

INTITULED

[No. 15-28.5.32.-3.]

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- ment Ordinance, 1932.

2. The Liquors Ordinance, 1931, is amended-

(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 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).

Objects and Reasons.

1. The Liquors Ordinance, No. 36 of 1931, like the Ordinances which it replaced, deals with many alcoholic Jiquors 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.

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.

May, 1932.

C. G. ALABASTER,

Attorney General.

577

Draft Bill.

No. S. 209.-The following bill is published for general information:-

(C.S.O. 4456/26).

(C.S.O. 1 in 4300/29).

(C.S.O. 2497/12).

(C.S.O. 2218/21).

A BILL

[No. 29.-19.5.32.-3.]

INTITULED

An Ordinance to amend the Merchant Shipping Ordinance,

1899.

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, "the sum of one dollar" in the tenth line thereof.

s. 3 (8).

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- section for sub-section (10) thereof :-

for Ordin-

ance No. 10 of 1899, s. 10 (10). Issue of

(10) On receipt of such declarations, and if satisfied that 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 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.

578

―

New

sub-section (19A) 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 passengers in excess of complement.

Amendment

of Ordin- ance No. 10 of 1899,

s. 14 (3).

Substitution for Ordin- ance No. 10 of 1899,

s. 17 (5) (a).

New heading

and section 19A to Ordinance

No. 10 of 1899.

Report to Harbour

Master of accident

to ship

57 & 58

Vict. c. 60, s. 425.

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 :-

(23) 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

　　　　　　　　　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.

11. Part V of the Merchant Shipping Ordinance, 1899, is amended by the insertion of the following heading and section after section 19:-

Reports.

19A. When any steamship or motorship has sustained. or caused any accident occasioning loss of life or has received any material damage affecting the seaworthiness or the efficiency thereof, either in the hull or in any part of the

579

machinery, the master shall, within twenty-four hours after the happening of the accident or damage, or as soon there- 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.

12. Section 21 of the Merchant Shipping Ordinance, Amendment 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).

s. 22 (3).

14. Section 22 of the Merchant Shipping Ordinance, New sub- 1899, is also amended by the insertion of the following sub-section section after sub-section (3) :·

(3A) of Ordinance No. 10 of 1899, s. 22.

(3A). The obligations as to proper mooring of a ship to owners the satisfaction of the Harbour Master imposed by sub-section (5) shall fall on the owners, agents and charterers in the case of any ship without a master.

agents and hable where

charterers

ship is without a master.

15. Section 26 (1) (c) of the Merchant Shipping Ordin- amendment ance, 1899, is amended by the insertion of the word "oil" after the word "rubbish," in the first line.

of Urdin- ance No. 10 of 1899,

s. 26 (1) (c).

for Ordin-

16. Section 26 of the Merchant Shipping Ordinance, Substitution. 1899, is also amended by the substitution of the following sub-section for sub-section (2) thereof:-

ance No. 10

of 1899, s. 26 (2).

of wharves

(2) (a).--No vessel shall lie alongside any public wharf Obstruction or public landing place or alongside any part of any praya lying off 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.

(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.

night, etc..

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).

New sub-

· 580

(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.m. and 5 a.m. 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 of 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.

(j) 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) thereof :----

(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.

21. Section 37 of the Merchant Shipping Ordinance, section (2A) 1899, is amended by the insertion of the following sub-section

after sub-section (2) thereof :-

of Ordin-

ance No. 10

of 1899,

s. 37.

Anchorages.

(2A) The Harbour Master shall, with the approval of the Governor, by regulation appoint suitable anchorages in the waters of the Colony to be called anchorages for launches and

motor boats.

581

22. Section 37 of the Merchant Shipping Ordinance, Substitution 1899, is also amended by the substitution of the following sub- of 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 :---

ance No. 10 of 1899, s. 37 (15).

(15) The provisions of this section, other than sub- Exemption, sections (11) and (16), shall not apply to launches or motor boats which are the property of His Majesty or of any foreign

state.

for Ordin- ance No. 10

24. Table I in the Schedule to the Merchant Shipping Substitution Ordinance, 1899, as enacted by section 2 of the Merchant Shipping Amendment Ordinance, 1931, Ordinance No. 5 of of 1899, 1931, is repealed and the following Table is substituted Table I. therefor :----

Schedule,

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 MERCHANTILE 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 shall 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

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

582

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 hour

Suspending clause.

On other days:

From 8 a.m. to 9 a.m., and from

5 p.m. to 6 p.m.

From 6 a.m. to 8 a.m., and from

6 p.m. to 8 p.m. Before 6 a.m. and after 8 p.m.

$5.00 per hour

$10.00 per

hour

.$20.00 per hour

p.m. ....$20.00

On all the above occasions any portion of an hour shall count as one hour.

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.

Objects and Reasons.

1. The object of this Ordinance is to make such amend- ments in the Merchant Shipping Ordinances of the Colony as are considered desirable before the Ordinances are con- solidated.

2. Section 2 substitutes the words "a marine magistrate" for the words "the marine magistrate" in section (2) (ƒ) of the principal Ordinance.

3. Section 3 amends section 3 (8) of the principal Ordin- ance so as to enable the Governor in Council to prescribe the fee for certified copies. A similar amendment in section 44 was enacted by Ordinance No. 11 of 1931.

4. Section 4 adds provisoes to section 5 (3) of the principal Ordinance which are derived from section 38 (e) and (f) of Straits Settlements Ordinance No. 125.

cases the

5. There is reason to believe that in some certificated master, who must be provided under section 4 (2) of the principal Ordinance. in the case of every British ship and every foreign ship holding a passenger certificate under

583

section 10, is carried because the Ordinance requires it, but is either encouraged by the owners. charterers, agents or compradores to leave the control of the ship to uncertificated persons or is liable to dismissal if he interferes with such control. Sections 5 and 6 of this Ordinance therefore amend section 10 of the principal Ordinance by making the issue of passenger certificates discretionary and also by making such certificates revocable in any case where the Governor 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.

6. Section 10 (23) of the principal Ordinance is trans- ferred, as section 19A, to part V of the principal Ordinance: by section 11 of this Ordinance with the substitution of the words "steamship or motor ship" for the words "passenger ship". The position in section 10 of the principal Ordinance of the sub-section so transferred is filled by a new sub-section (23) enacted by section 7 of this Ordinance which requires the owners, agents, charaterers and master to report structural alterations in passenger ships:

7. Section 8 of this Ordinance re-enacts section 10 (25) of the principal Ordinance with the substitution of the words owner, agent, charterer, master or compradore" for the words " 'owner or master".

8. Section 9 of this Ordinance amends section 14 (3) of the principal Ordinance by the substitution of the words "owner, agent, charterer, master or compradore" for the words "owner or master".

9. Section 10 of this Ordinance revises paragraph (a) of section 17 (5) of the principal Ordinance by enabling the Harbour Master, in the first instance, to order the temporary detention of a British ship which he has reason to believe is unsafe.

10. As stated, section 11 of this Ordinance transfers a sub-section from section 10 to Part V of the principal Ordin-

ance.

11. Section 12 amends section 21 of the principal Ordin- ance so as to enable the Harbour Master to give written permission to vessels to anchor outside the normal anchorages.

12. Section 13 amends section 22 (3) of the principal Ordinance by the substitution of the words "properly to the satisfaction of the Harbour Master" for the word "properly" to prevent disputes as to what constitutes proper mooring.

13. Section 14 adds a sub-section to section 22 of the principal Ordinance providing that the obligations as to proper mooring shall fall upon owners, agents and charterers in cases where the ship is without a master.

14. Section 15 adds oil to the list of substances which may not be cast upon the waters.

15. Section 16 substitutes a new sub-section for section 26 (2) of the principal Ordinance. That sub-section dealt with obstruction to wharves and other landing places and with vessels moored or at anchor at night near the shore and permitted mooring at night alongside any private wharf with

584

the consent of the owner thereof. It contained no other provision for the issue of night permits for lying in-shore. It has been the practice, however, to issue such permits and the new sub-section regularises the practice. The new sub- section provides for obstruction by rafts and floating logs as well as by vessels.

16. Section 17 adds the Deputy Harbour Master to the list of officers who may board and inspect vessels under section 30 (1) of the principal Ordinance.

17. Section 18 increases the penalty under section 30 (3) of the principal Orderinance from $200 to $500.

18. Section 19 redrafts section 32 (4) of the principal Ordinance by enabling instead of compelling the Harbour Master to refuse clearance when a receipt for light and other dues, to which fees payable in respect of moorings or buoys have been added, is not produced to him.

19. Section 20 amends section 36 (5) of the principal Ordinance by requiring the written permission of the Harbour Master for the removal, except for the purpose of going to sea, from the Gunpowder Anchorage of vessels with explosives on board.

20. Section 21 adds to section 37 of the principal Ordinance a sub-section similar to section 39 (2) (c) as to the provision of anchorages for small craft.

21. Section 22 redrafts section 37 (7) of the principal Ordinance. Agents and charterers are added. The sub- section is no longer restricted to unseaworthiness by reason of over-loading or similar causes and the penalties are doubled.

22. Section 23 redrafts section 37 (15) of the principal Ordinance so as to bring all launches and motor boats under the collision regulations and so as to enable the Harbour Master to deal with all local certificates of competency issued to masters and engineers of launches and motor boats.

23. Section 24 substitutes retrospectively a revised Table for Table I of the principal Ordinance as enacted by Ordinance No. 5 of 1931. The revision regularises the practice of charging the visit fees in paragraph 2 of the Table as additions to the engagement and discharge fees. This practice, which has obtained since the Table enacted in 1931 came into force on the 31st July, 1931 (Proclamation No. 1 of 1931), is in accordance with Board of Trade Regulations (c.f. Board of Trade List of Fees and Expenses payable in connection with Board of Trade Surveys and other Mercantile Marine Services published by H. M. Stationery Office, 1930, page 28).

24. Section 25 is the suspending clause usual in Ordin- ances relating to Merchant Shipping.

C. G. ALABASTER,

Attorney General.

May, 1932

585

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 210.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

10th June, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S Department.

No. S. 211.- Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew inust comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government

Notification.

16th April,

1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April, 1932.

No. S. 175.

Port

Do.

29th April, 1932.

No. S. 176.

Swettenham.

(F.M.S.)

10th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

586

HARBOUR DEPARTMENT.

　　No. S. 212.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to S/L "S.D. 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 17th day of June, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

Sth June, 1932.

G. F. HOLE,

Harbour Master, &c.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 213. -It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Advertising Space in 2nd and 3rd class coaches, K.C.R.", will be received at the Colonial Secretary's Office until Noon of Thursday, the 30th day of June, 1932.

　　Tenders are required for one, two and three years. The term of notice of termina- tion is 3 months for the one year and six months for the two latter periods, given by one party to the other.

　　Each tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of $250 as a pledge of the bona fides of his tender. The said deposit shall be forfeited to the Crown should the tenderer refuse or fail to carry out his tender should it be accepted.

Full particulars as to the space available together with the necessary conditions to be observed may be obtained on application at the Head Offices, Kowloon-Canton Rail- way, at Kowloon

　　One of each type of coach in which it is intended to permit advertising will be on view on Platform No. 6, Kowloon Station, for a period of one week from June 16th to 23rd.

The Governinent does not bind itself to accept the highest or any tender.

10th June, 1932.

ROBERT BAKER,

Manager & Chief Engineer.

- 587

District Office, South.

　No. S. 214.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 24th day of June, 1932.

　The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $1,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents

Upset Crown

in Square feet.

Price.

Rent.

Lantao Island, Demarcation District

No. 310,

Lot No. 289.

10th June, 1932.

Keung Shan.

900

1.50

Subject to readjustinent as provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

　No. S. 215.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 20th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No

Locality.

Sale.

Contents in Sq. feet.

Annual Upset

Rent.

Price.

feet.

feet. feet.

號

About

Shek O Inland Lot No. 4.

West of Shek (

As per sale plan.

496

Lot No. 1439.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

HAROLD T. CREASY,

Director of Public Works.

10th June, 1932.

588

PUBLIC WORKS DEPARTMENT.

No. S. 216.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of June, 1922, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Contents in

Sale.

Sq. feet.

Annual Upset

Rent.

Price.

feet. feet. feet.

feet.

About

Inland Lot No. 3484

Between Inland Lots Nos. 2533 and 2534,

Min Fat Street, Wong Nei Chung.

As per sale plan.

930

2,800

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 217.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in

Annual Upset

Sq. feet.

Rent.

Price

feet. feet. feet. feet.

About

Rural Building Lot No. 339.

South of Wong Nei Cheong Gap-Deep Water Bay Path.

As per sale plan.

10,000

114

2,000

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

•

No. S. 218.

589

NOTICES TO MARINERS.

No. 44 of 1932.

　It is hereby notified that during the half year ending 31st December, 1932, exami- nations for Certificates of Competency for Masters, Mates and Engineers will be held on the following dates:-

Tuesday, 12th July.

Tuesday, 9th August.

Tuesday, 6th September.

Tuesday, 4th October. Tuesday, 1st November.

Tuesday, 29th November.

Tuesday, 26th July.

Tuesday, 23rd August. Tuesday, 20th September.

Tuesday, 18th October.

Tuesday, 15th November. Tuesday, 13th December.

　Candidates for examination for Certificates of Competency for Masters and Mates should present their papers to the Examiner at the Harbour Office on the morning of the day before the examination. Candidates wishing to sit on Tuesday, 6th September, should present their papers on the morning of that day, the previous day being a General Holiday.

　Candidates for examination for Certificates of Competency for 1st and 2nd class Engineers should present their papers to the Examiner at the Government Marine Surveyor's Office, at least three days before the examination.

area

Hong Kong, 4th June, 1932.

No. 45 of 1932.

G. F. HOLE,

Harbour Master, &c.

Until further notice a hydrographical survey will be carried out within the following

Bounded to the North by Lat. 22° 19' 0'' N.

South by Lat. 22° 18' 1'' N.

East by Kowloon Coast Line. West by Long. 114° 8' 3'' E.

The survey will be conducted in a series of squares whose sides will run N. and S.; E. and W.

Sides of squares will be 1,000 feet.

Sampans with red flags will be stationed at intervals along two of the sides of the

square.

Shipping is warned to give sampans a wide berth and is prohibited from passing between the sampans flying a red flag.

The above supersedes Notice to Mariners No. 32 of 1932 dated 9th May, 1932, pub- lished in the Gazette of the 13th May, 1932, as Government Notification No. S. 185.

G. F. HOLE,

Hong Kong, 10th June, 1932.

Harbour Master, &c.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 12 of 1922.

Notices of Intended Dividend.

592

(FILE No. 183 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Ram, Sing

No. 58, Wing Lok Street, Victoria, Hong Kong, Re George Hughes Keeble, of No. 5, have, on the 28th day of May, 1932, applied

Hau Fung Lane, Hong Kong.

A second dividend is intended to be declared

in this matter.

　　　　　Creditors who have not proved their debts by the 10th day of July, 1932, will be excluded.

No. 9 of 1923.

Re Li Yuk Fong, Linotype-operator of Daily Press Ltd., Victoria in the Colony of Hong Kong.

second and final dividend is intended to

Abe declared in this matter,

　　　　　Creditors who have not proved their debts by the 10th day of July, 1932, will be excluded.

No. 7 of 1929.

Re Li Kim alias Li Kwai alias Li Yau (Yun) Kun alias Li Kim Kwai Tong, Clerk, of No. 24, Cheong Lok Street, (2nd floor), Yaumati in the Dependency of Kowloon, and Colony of Hong Kong.

second and final dividend is intended to

A second alared in this matter.

　　　　　Creditors who have not proved their debts by the 10th day of July, 1932, will be excluded.

No. 5 of 1932.

Re The Pak Sang Tong otherwise known as Pak Sang Tong Cheung Kee firm and Im Sui Wai the managing partner thereof formerly of No. 134, Bonham Strand East and now at No. 201, Wing Lok Street, (1st floor), Victoria in the Colony of Hong Kong, Chinese Medicine Dealers.

first and final dividend is intenlel to

A be declared in this matter.

　　　　　Creditors who have not proved their debts by the 10th day of July, 1932, will be ex- cluded.

Dated the 10th day of June, 1932

E. L. AGASSIZ,

for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

EAGLE

BRAND

標商嘜藕

in the name of Kam Sing Electrical Supply

Company, Limited, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Electrical Bulbs in Class 15.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

KAM SING ELECTRICAL SUPPLY COMPANY, LIMITED., No. 58, Wing Lok Street, Hong Kong, Applicants.

(FILE No. 189 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Brothers Tobacco Company, Limited of [OTICE is hereby given that The Nanyang

No. 271, Wanchai Road, Victoria in the Colony of Hong Kong, Merchants on the 1st. day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

FORT

(FILE No. 176 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Peacock

Perfumery Company of No. 194, (Second Floor), Ki Lung Street, Shamshuipo, Hong Kong, have, on the 25th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

PEACOCK BRAND

司公品裝化雀孔

in the name of The Peacock Perfumery Com- pany, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of White polishing fluid for polishing shoes, boots, hats other canvas materials in Class 50.

are

Representations of the Trade Mark deposited for inspection in the Offices of the Registrar of Trade Marks Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

THE PEACOCK PERFUMERY CO., 2nd fir., 194, Ki Lung Street, Shamshuipo, Kowloon,

Hong Kong, Applicants.

(FILE No. 174 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby ghi thi Dua, p

Rubber Company (China) Limited, a Company duly incorporated and registered under the Companies Ordinances of Hong Kong and whose registered office is at No. 9, Foochow Road, Shanghai, China, and carrying on business at Shanghai aforesaid and also at No. 3, Wyndham Street, Victoria, Hong Kong and elsewhere, have, on the 23rd day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Official Receiver

NOTICE.

of Sections Ordinance No. 25 N pursuance of Section 3 of the Fraudulent

of 1923, Notice is hereby given that P. Partabrai of Victoria in the Colony of Hong Kong, carry- ing on business under the style or firm name of Mahtani Silk Store at No. 37, Queen's Road Central, (ground floor), Victoria, aforesaid, dealer in silk wearing apparel, shawls, etc., (hereinafter called "the transferor") is desirous of transferring the said business of the said Mahtani Silk Store to P. Shewaram (who is the transferee) of No. 43, Wyndham Street, Victoria, aforesaid, on the 10th day of June, 1932.

The Transferee intends to carry on the said business at No. 37, Queen's Road Central, Victoria, aforesaid, and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 9th day of May,

1932.

P. PARTABRAI, PROPRIETOR OF MAHTANI SILK STORE, Transferor, and

P. SHEWARAM, Transferee.

CIGAREITES

牌臺礮

NANYANGBROSTOBCO LTD

in the name of The Nanyang Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 10th day of June, 1932.

LO AND LO,

Solicitors for the Applicants, Alexandra Building, Des Voeux Raod Central,

Hong Kong.

DUNLOP

FORT

ון

in the name of Dunlop Rubber Company (China) Limited, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith, but the word "Fort" has been used by the said Company for the last three years, in respect of following goods:- Tyres made of India-rubber or in which India-rubber predominates, in Class 40.

The Trade Mark is associated with Trade Marks Nos. 163 of 1897, 153 of 1910 and 437 of 1931.

Dated the 10th day of June, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

593

(FILE No. 134 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 130 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that The Crystal Chemical Company Inc., of NOTICE is hereby given that Fr. Küttner NOTICE

Willis Avenue and East 134th Street, New York, U.S.A., have by

an application dated the 23rd day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Germany, Manufacturers, have on the 19th day Aktiengesellschaft of Sehma, Thuringen, of April, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :---

FR. KÜTTNER AKTIENGESELLSCHAFT

Artificial Silk Spinning Works PIRNA and at SEHMA Germany Küttner's Viscose Art. Silk Yarn

,,KASEMA"

COR GIRL

KASIEM!

EL PIRNA

---deniers

10 lbs

in the name of the said Crystal Chemical Company Inc., who claim to be the proprietors thereof.

Dated the 13th day of May, 1932.

(FIL No. 133 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the Applicants.

NOTICE is hereby given that The Asiatic

　　　　　Petroleum Company, (S. China), Limited, of St. Helens Court, Great St. Helens, London, England, on the 2nd day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

AEROSHELL

(FILE No. 136 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Ming

NOTICE

of Nos. 50 to 60,

Percival Street, Victoria in the Colony of Hong Kong, have on the 23rd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

MING

WAH

THE

METAL

TRADE MARK

WORKS

in the name of Fr. Küttner Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of:-

Artificial Silk Yarn in Class 50.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Vœux Road Central,

Hong Kong.

(FILE No. 110 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Butterfly Company of No. 139, Bonham Strand East, Hong Kong, have on the 8th day of April, 1932, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the

following Trade Mark :-

(BUTTERFLY Co.,

HONG KONG

TRADE

MARK

in the name of the said Asiatic Petroleum Co., (S. China) Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of the following goods :-

Candles, Common Soap, Detergents, Illuminating, Heating or Lubricating Oils, Matches, and Starch, Blue and other preparations for laundry pur- poses in Class 47.

This Mark is to be associated with Trade Mark No. 286 of 1929.

Dated the 13th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

SPOT-LIGHT

in the name of The Ming Wah Metal Works, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by lights or electric torches and flashlight batteries. the applicants in Class 8 in respect of Flash-

The applicants disclaim the right to the exclusive use of the word "Spot-Light".

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

利得必

in the name of Butterfly Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Felt Hats in Class 38.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of April, 1932.

BUTTERFLY COMPANY, No. 139, Bonham Strand East, Hong Kong, Applicants.

594

(FILE No. 375 or 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Courtaulds, Limited, of 16, St. Martin's-le-Grand, London, England, Spinners and

　　　　　　　Manufacturers, have on the 6th day of August, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

司公限有絲製氏爾托可國英

in the name of Courtaulds, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forth- with in respect of :-

Artificial silk piece goods, threads and yarns in Class 50.

　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

DEACONS, Solicitors for the Applicants.

1. Des Voeux Road Central, Hong Kong.

(FILE No. 114 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

(1)

Queen Brand

FINE QUALITY

DOUBLE KNITTING YARN

嘜盖寶單

(3)

B. M. E. A. ITEXTILES) LTD.

HONGKONG,

香港观克寶洋元

二仔腺等超

英國機戸聯華公司

(6)

商场

標

香港德惠寶洋行

英國機戸聯華公司

英國機戶聯華公司

(4)

WHITE GOOSE BRAND

(5)

味子燕雙

FINE QUALITY DOUBLE KNITTING YARN

BMEA (TEXTILES) LTD..

HONGKONG.

紗光電等

in the name of the said B.M.E.A. (Textiles) Limited, who claim to be the proprietors thereof. The following Trade Marks have been used by the Applicants as follows:

"Queen Brand" in respect of Knitting Yarns of Wool in Class 33.

Crown Brand "

Cotton Yarns in Class 23.

*FAD*

聯

排國

"2 Crowns Brand" "3 Lions

23.

Cotton Piece Goods in Class 24.

Yarns of Wool Worsted or Hair in Class 33. Woollen and Worsted Piece Goods in Class 34.

The following Trade Marks are intended to be used by the Applicants as follows:--

}}

2 Swallows Brand in respect of Cotton Yarns in Class 23.

White Goose

Dated the 13th day of May, 1932.

Knitting Yarns of Wool in Class 33.

占

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 129 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that Daggett &

Ramsdell of New York, United States of America Manufacturers and Marketers of Cosmetics, have on the 19th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:

(1)

(2)

DAGELLE

595

(FILE NO. 141 of 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

Three Trade Marks.

OTICE is hereby given that Wong Pok

(FILE No. 135 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Exchange

(3)

(4)

(5)

DAGGET!

RAMSDELL

VIVATONE HA-KOL

in the name of Daggett & Ramsdell, who claim

to be the proprietors thereof.

Medicated preparations for human use in the treatment of headaches, neuralgia and similar pains resulting from exposure, exhaustion, fatigue, worry, anxiety, insomnia, mental strain, nervous de- pression, car-sickness and sea-sickness, in Class 3.

　　　　The Applicants disclaim the right to the exclusive use of the letters "d and r" appearing on Marks Nos. 2 and 3 otherwise than as appearing on the Marks.

Dated the 13th day of May, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

(1)

CARPLINE

寶靈

(2)

CROCODILE BRAND

牌魚鱷

(3)

博黄

灣

in the name of Wong Pok Chai, who claims to to be the proprietor thereof.

Dated the 13th day of May, 1932.

WONG POK CHAI,

No. 231, (1st. floor), Queen's Road West,

Hong Kong, Applicant.

in the name of the

said California Fruit Growers Exchange, who claim to be the pro- prietors thereof.

The above Mark has been used by the Ap- plicants in respect of concentrated fruit juices, dried and unconcentrated fruit juice, extracts and flavors used in the manufacture of non-

alcoholic beverages, carbonated and non-

carbonated beverages, pectin and solutions and

preparations containing pectin, citrus oils and citrus acid in Class 42 since June, 1928.

The Applicants disclaim the right to the exclusive use of the letter "X."

Dated the 13th day of May, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the Applicants.

(FILE No. 138 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sing Chow

Electric Factory of Watson Road, Cause-

way Bay, Hong Kong, have on the 26th day of April, 1932, applied for the registration

in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

星洲厰.

光亮電珠

in the name of Sing Chow Electric Factory, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Flashlight Bulbs in Class 15.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the under- signed.

The applicants disclaim the right to the exclusive

use of the Chinese characters

(光亮電珠)

Dated the 13th day of May, 1932.

SING CHOW ELECTRIC FACTORY, Watson Road, Causeway Bay, Hong Kong, Applicants.

(FILE No. 95 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of d Trade Mark.

OTICE is hereby given that Chateau N Cheese Company, Limited, a Corpora-

tion organised and existing under the laws of the Dominion of Canada, located at Ottawa, Canada, Merchants, have on the 9th day of February, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :- ་

Chateau

596

(FILE No. 83 OF 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Lee Chai Medicine Firm of No. 244, Yat Tak Road, Canton in the Province of Kwong-tung in the Republic of China and temporarily residing at No. 75, Wuhu Street Hunghom, Hong Kong, have on the 11th day of March, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark: -

行葯濟利

6000

(FILE No. 321 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that James H. Backhouse Limited of IA Chater Road, Victoria, in the Colony of Hong Kong, have on the 17th day of September, 1931, applied for the registration of the accompanying Trade Mark:-

in the name of Chateau Cheese Comapny, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Cheese, dairy products, confectionery, foods and ingredients of foods in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 8th day of April, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 97 of 1932)

TRADE MARKS ORDINANCE, 1909.

Applications for Registration of Trade Marks.

NOTICE is hereby given that Stanco Incor- porated, of Wilmington, Delaware, United States of America, have on the 31st. day

of March, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

Extane

(2)

TRI-RAD

in the name of Stanco Incorporated, who claim

to be the Proprietors thereof.

Ap-

Trade Mark No. 1 has been used by plicants since 9th. September, 1931, in respect of the following goods :-

Chemicals, petroleums, abrasive and de- tergent materials, cleaners, and re- movers of spots and stains, in Class 47.

Trade Mark No. 2 has been used by the Ap- plicants since 23rd November, 1931, in respect of the following goods:-

Chemical preparations, anti-corrosives, leak stopping compounds, radiator cleaners, and rust preventives in Class 1.

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

牌話電

in the name of Lee Chai Medicine Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Patent Medicines in Class 3.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 11th day of April, 1932.

LEE CHAI MEDICINE FIRM, Applicants.

(FILE No. 94 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Regisiration of

a Trade Mark.

́OTICE is hereby given that the Poon Sui

Cheong firm) of No. 289,

牌刀

註

in the name of the Poon Sui Cheong firm, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants, but it is their intention so to use it forthwith, in respect of the following goods :-

Tooth Brushes and Toilet Brushes in

Class 50.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 15th day of April, 1932.

WOO AND NASH, Solicitors for the Applicants, 4, Queen's Road Central,

Hong Kong.

行洋勝永

in the name of James H Backhouse Limited,

who claim to be the proprietors thereof.

The Trade Mark has already been used by the applicants in Class 23 in respect of cotton

yarn.

The application is limited to the colour shown on the the Mark.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 15th day of April, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 92 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Mount Vernon- Woodberry Mills, Incorporated, of Con- tinental Trust Building, Baltimore, Md., U.S.A., have on the 21st. day of March, 1932, applied for registration, in Hong Kong, in the Register of Trade marks of the following Trade Mark :-

WOODBERRY-

USARMY DUCK

in the name of Mount Vernon-Woodberry Mills, Incorporated, who claim to be the Proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 1862, in respect of the following goods: -

Cotton Duck, in Class 24.

The Trade Mark is associated with Trade Mark No. 147 of 1924, and the Applicants disclaim the right to the exclusive use of the Words "U. S. Army Duck."

Dated the 8th day of April, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

597

(FILE No. 97 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Chan Chun

商

(1)

(2)

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

XЯAM

30ANT

in the name of Chan Chun Lan Firm, who claim to be the proprietors thereof.

Trade Mark No. (1) has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Cigarette Paper in Class 39.

Trade Mark No. (2) has been used by the applicants in respect of China Tea in Class 42 since 1926.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of April, 1932.

CHAN CHUN LAN FIRM, No. 103, Queen's Road Central,

Hong Kong, Applicants.

The Hong Kong

Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

.$1.00 for 1st .$0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

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

$18.00 10.00

6.00

600

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 219.-The following bill is published for general information:--

(C.S.O. 2 in 4307/1910).

A BILL

[No. 31-16.6.32.-1.]

Short title.

Substitution for Ordin-

ance No. 35 of 1912, s. 3 (2).

INTITULED

An Ordinance to amend further the Crown Solicitors Ordin-

ance, 1912.

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 Amendment Ordinance, 1932.

2. Sub-section (2) of section 3 of the Crown Solicitors 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.

Objects and Reasons.

1. This Ordinance amends section 3 (2) of Ordinance No. 35 of 1912, as enacted by Ordinance No. 9 of 1924, by the substitution of the words "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" for the words "shall be entitled to appear on behalf of the Attorney General and prosecute persons at the Criminal Sessions".

2. The amendment will enable the Crown Solicitor and his qualified assistants to appear with, as well as on behalf of, the Attorney General; and it will also enable them to have audience before the Full Court on Criminal appeals and cases reserved.

June, 1932.

C. G. ALABASTER,

Attorney General.

601

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 220.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

17th June, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 221.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port Swettenham. (F.M.S.)

Do.

29th April, 1932.

No. S. 176.

17th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

602

PUBLIC WORKS DEPARTMENT

　　　No. S. 222.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Forming Children's Playground and erecting of Sheds, Cox's Road, Kowloon", will be received at the Colonial Secretary's Office until Noon of Monday, the 27th day of June, 1932.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

17th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 223.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of July, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in

Annual

Upset

Sq. feet.

Rent,

Price.

feet. feet. feet.

feet.

About

New Kowloon

Inland Lot

No. 1889.

Near New Kowloon Inland Lot No. 1813, Un Chau Street, Shamshuipo.

As per sale plan.

2,448

4,896

　　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

17th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

603

PUBLIC WORKS DEPARTMENT.

　　No. S. 224.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Upset

Rent.

Sq. feet.

Price.

No.

Registry No.

Locality.

Sale.

feet. feet. feet.

feet.

About

Garden Lot No. 82.

Adjoining Rural Building Lot No 334, :

Wong Nei Cheong

As per sale plan.

12,000

600

Gap to Repulse Bay

Road.

The Purchaser of the Lot will also have to pay the sum of $48 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

17th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 215.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 20th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Registry No Sale.

Locality.

Contents in

Annual

Upset

Sq. feet.

Rent.

Price.

feet.

feet. feet.

About

hek O Inland Lot No. 4.

West of Shek O

As per sale plan.

496

Lot No. 1439.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

HAROLD T. CREASY,

Director of Public Works.

10th June, 1932.

604

PUBLIC WORKS DEPARTMENT.

　　　No. S. 216.--It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Contents in

Annual Upset

Sale.

Sq. feet.

Rent.

Price.

feet.

feet. feet.

feet.

About

Inland Lot No. 3484

Between Inland Lots Nos. 2533 and 2534,

As per sale plan.

930

2,800

Min Fat Street,

Wong Nei Chung.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 217. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 27th day of June, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in

Sq. feet.

Annual Upset Rent. Price.

feet.

feet. feet. feet.

About

Rural Building

Lot No. 339.

South of Wong Nei Cheong Gap-Deep Water Bay Path.

As per sale plan.

10,000

114

2,000

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 8 of 1932.

Notice of Adjudication and Appointment

of Trustee.

THE

Re Cecilio Paulo Pintos of No. 562, Nathan Road, (top floor), Kowloon in the Colony of Hong Kong, Clerk.

HE above-named Cecilio Paulo Pintos was adjudicated Bankrupt on the 11th day of June, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bank- rupt.

No. 11 of 1932.

Re Luiz Gonzaga Morales of No. 1, Kwong Ming Street, (top floor), Wanchai in the Colony of Hong Kong, Clerk.

HE above-named Luiz Gonzaga Morales

THE as adjudicated Bankrupt on the 11th day of June, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

No. 12 of 1932.

Re William Frederick Gardner of No. 438, Nathan Road, (second floor), Yaumati, Kowloon.

THE was

ΤΗ

above-named William Frederick Gardner was adjudicated Bankrupt on

605

IN THE SUPREME COURT OF HONG KONG.

matter.

IN BANKRUPTCY.

Notice of Dividend Declared.

No. 6 of 1932.

Re Charlotte Georgina Lilian Matheson late of Huntington, Stubbs Road, Victoria. in the Colony of Hong Kong, Widow, deceased.

First and final dividend of $25.50 per cent has been declared in the above

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 20th day of June, 1932, between the hours of 10 a.m. and 4 pm. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 17th day of June, 1932.

E. L. AGASSIZ,

Official Receiver.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Businesses Ordinance No. 25 of 1923.

Notice is hereby given that Lo Chap Shan

the 11th day of June, 1932, and the Official (E) otherwise known as the

　　Receiver was appointed Trustee of the Estate of the Bankrupt.

No. 13 of 1932,

Re Julius Holm, of No. 298, Lockhart Road, (top floor), Victoria in the Colony of Hong Kong, Clerk.

HE above-named Julius Holm

was ad-

June, 1932, and the Official Receiver was

Lo Shing Wo Tong(堂和誠羅 ) the

sole proprietor of the Shun Tai Pawnshop

() carrying on business as Pawn-

broker at No. 149, Hennessey Road, Victoria, in the Colony of Hong Kong, (hereinafter called "the Transferor") has by an agreement in writing dated the 11th day of June, 1932, agreed to assign the said business of the said Shun Tai Pawnshop to Yau Kwai Lap

appointed Trustee of the Estate of the Bank (HE) of No. 57, Queen's Road

rupt.

No. 14 of 1932.

Wong Wing Yuet of No. 24, Stanley Street, (first floor), Victoria in the Colony of Hong Kong, Clerk.

HE above-named Wong Wing Yuet was

　　of June, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bank- rupt.

Dated the 17th day of June, 1932.

E. L. AGASSIZ,

Official Receiver

ORDINANCES FOR 1931.

OUND volumes of Ordinances of

BOUND

　　　　Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price

per volume: $ 5

NORONHA & CO.

5, Duddell Street.

Central; Victoria aforesaid (hereinafter called "the Transferee.")

The Transferee intends to carry

on the business at No. 149, Hennessey Road, Victoria aforesaid and will not assume the liabilities incurred by the Transferor in the said business.

Dated this 14th day of June, 1932.

LO CHAP SHAN OTHERWISE KNOWN AS THE LO SHING WO TONG, Transferor,

YAU KWAI LAP, Transferee.

(FILE No. 315 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Stanco Incor- porated, of Wilmington, Delaware, United States of America, Manufacturers and Marketers of Petroleum Specialty Products, have on the 9th. day of September, 1931, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Koto

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 10th. October, 1921, in respect of the following goods :-

Lubricating oil, in Class 47.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 186 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Rockne

Motors Corporation, a Corporation or- ganized and existing under the laws of the State of Delaware, United States of America, and carrying on business as Manufacturers, with a principal place of business at 635 South Main Street, City of South Bend, County of St. Joseph, State of Indiana, United States of America, have, on the 30th. day of May, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ROCKNE

in the name of Rockne Motors Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th. April, 1932, in respect of the following goods :-

Automotive Vehicles, in Class 22.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 131 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Walker & Homfrays Limited of 102 Eccles New Road Salford in the County of Lancaster in England, have, on the 20th day of April, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :-

TOWER

BRAND

Lager Beer

BREWED & BOTTLED AT

THE MOSS SIDE BREWERY

MANCHESTER

ENGLAND.

in the name of the said Walker & Homfrays Limited, who claim to be the proprietors there- of.

The above Trade Mark has already been used by the Applicants in respect of beer in Class 43. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central,

Hong Kong.

606

(FILE No. 103 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft,

Merchants, of Frankfort on Main, Germany, have on the 6th day of N April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

RAPIDAZOL

(FILE No. 164 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Wong San Yin of No. 778, (Second floor), Nathan

Road, Dependency of Kowloon and Colony of Hong Kong, has, by two applications all dated the 11th day of May, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(1)

(2)

拉披

商標

惠多

素

in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Dåted the 22nd day of April, 1931.

(FILE No. 101 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Eastern

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 111 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

LIGHTHOUSE BRAND

in the name of Wong San Yin, who claims to be the proprietor thereof.

Dated the 20th day of May, 1932.

WONG SAN YIN,

No. 778, 2nd floor, Nathan Road, Kowloon, Hong Kong,

Applicant.

(FILE No. 147 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Leng Hong

Lim who carry on business und firm name of Lim Tsz Tong at No. 515, Road, Kowloon, have on the 5th May, 1932 applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ROSE

BRAND

嘜花瑰玫

TRADE

MARK

商標

註册

in the name of the Eastern Book Company, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark has been used by the ap- plicants since the year 1929 in Class 39 in respect of English and Chinese Books of every description.

　　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the under-igned.

Dated the 22nd day of April, 1932.

LYSON & HALL, Solicitors for the Applicants, 6, Queen's Road Central,

Hong Kong

THREE SHEEP BRAND

in the name of Welted Manufacturing Com- pany, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Linen Handker- chiefs in Class 27.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of April, 1932.

WELTED MANUFACTURING

COMPANY,

No. 5, Kau U Fong, Hong Kong, Applicants.

in the name of Leng Hong Lim, who carry on business under the firm name of Lim Tsz Tong, who claim to be the proprietors thereof.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks.

Dated the 20th day of May, 1932.

LENG HONG LIM CARRY ON BUSINESS

UNDER THE FIRM NAME OF

LIM TSZ TONG,

Applicants.

607

(FILE No. 148 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that Li Yau

DIGESTELIN"

in the name of the said Li Yau Chuen, who claim to be the proprietor thereof.

The Trade Mark is intended to be used by the Applicant in respect of proprietary medicines and particularly in respect of Digestelin "A digestive powder) in Class 3. Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May,

1932.

LI YAU CHUEN,

No. 98, Caine Road,

Hong Kong, Applicant.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

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

610

LEGISLATIVE COUNCIL.

No. S. 225.-The following Bills were read a first time at a meeting of the Council held on the 23rd June, 1932:-

(C.S.O. 4456/26).

(C.S.O. 1 in 4300/29).

(C.S.O. 2497/12).

(C.S.O. 2218/21).

A BILL

[No. 29.-19.5.32.-3.

Short title.

Amendment of Ordin-

ance No. 10 of 1899,

s. 2 (f).

Amendment of Ordin-

ance No. 10

of 1899, s. 3 (8).

Addition to Ordin-

ance No. 10 of 1899, s. 5 (3).

Substitution for Ordin- ance No. 10 of 1899, s. 10 (10).

Issue of certificate.

INTITULED

An Ordinance to amend the Merchant Shipping Ordinance,

1899.

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 Amendment Ordinance, 1932.

2. Section 2 (f) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "a marine magistrate" for the words "the marine magistrate".

3. Section 3 (8) of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "such fee as the Governor in Council shall prescribe" for the words "the sum of one dollar" in the tenth line thereof.

4. Section 5 (3) of the Merchant Shipping Ordinance, 1899, is amended by the addition of the following provisoes 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.

5. Section 10 of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the following sub- section for sub-section (10) thereof :-

(10) On receipt of such declarations, and if satisfied that the provisions of this section have been complied with, the 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 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.

611

6. Section 10 of the Merchant Shipping Ordinance, 1899, New is also amended by the insertion of the following sub-section sub-section after sub-section (19) thereof :---

(19A) of Ordinance No. 10 of 1899, s. 10.

certificate

(19A). The Governor may also revoke and cancel any Governor such certificate in any case in which he has reason to believe may cancel that the certificated master of the ship is not exercising, or where is not permitted to exercise, proper control of the ship.

master is not in control of ship.

7. Section 10 of the Merchant Shipping Ordinance, 1899, Substitution is also amended by the substitution of the following sub- for Ordin- section for sub-section (23) thereof :--

ance No. 10 of 1899,

s. 10 (23).

alteration.

(23) If any structural alteration is made in any passenger Report of ship, the owners, agents, charterers and master, shall, within structural 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, Substitution 1899, is also amended by the substitution of the following sub-section for sub-section (25) thereof :-

for Ordin- ance No. 10 of 1899, s. 10 (25).

passengers

(25) The owner, agent, charterer, master or compradore Penalties of any passenger ship shall not receive or have on board thereof for carrying or on or in any part thereof at any place within the waters in excess of of the Colony any number of passengers which, having regard complement. 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.

of Ordin-

9. Section 14 (3) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "Every ance No. 10 owner, agent, charterer, master or compradore" for the words of 1899. "Every owner or master" in the first line thereof.

s. 14 (3).

10. Section 17 (5) of the Merchant Shipping Ordinance, Substitution 1899, is amended by the substitution of the following paragraph for paragraph (a) thereof :--

ance No. 10 of 1899, s. 17 (5) (a).

New

11. Part V of the Merchant Shipping Ordinance, 1899, heading is amended by the insertion of the following heading and and section section after section 19:-

Reports.

19A to Ordinance No. 10 of 1899.

Harbour

19A. When any steamship or motorship has sustained Report to or caused any accident occasioning loss of life or has received Master of any material damage affecting the seaworthiness or the accident efficiency thereof, either in the hull or in any part of the 57 & 58

to ship

Vict. c. 60,

s. 425.

Amendment

of Ordin-

ance No. 10 of 1899, s. 21.

Amendment of Ordin-

ance No. 10

of 1899,

s. 22 (3).

New sub- section (3A) of Ordinance No. 10 of 1899, s. 22.

Owners

agents and charterers

612

12. Section 21 of the Merchant Shipping Ordinance, 1899, is amended by the addition of the words "without the written permission of the Harbour Master" after the word "Colony" at the end thereof.

13. Section 22 of the Merchant Shipping Ordinance, 1899, is amended by the substitution of the words "properly to the satisfaction of the Harbour Master" for the word "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 liable where (5) shall fall on the owners, agents and charterers in the case

of any ship without a master.

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).

Obstruction of wharves lying off praya at night, etc.

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:

(2) (a).--No vessel shall lie alongside any public wharf or public landing place or alongside any part of any praya wall except when engaged in taking on board or landing passengers or cargo.

(e) 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.

any

(d) No raft or floating logs shall be moored alongside 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.

613

(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.m. and 5 a.m. 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.

(5) 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.

of Ordin-

17. Section 30 (1) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the insertion of the words ",Deputy ance No. 10 Harbour Master" after the words "Harbour Master" in the of 1899, third line thereof.

s. 30 (1).

of Ordin

18. Section 30 (3) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "five ance No. 10 hundred dollars" for the words "two hundred dollars" in of 1899, 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) thereof :-

(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.

s. 30 (3).

Substitution ance No. 10

for Ordin-

of 1899, s. 32 (4).

of Ordin-

20. Section 36 (5) of the Merchant Shipping Ordinance, Amendment 1899, is amended by the substitution of the words "written ance No. 10 permission" for the word "permission" in the fifth line of 1899. thereof.

21. Section 37 of the Merchant Shipping Ordinance, 1899, is amended by the insertion of the following sub-section after sub-section (2) thereof :--

s. 36 (5).

New sub- section (24)

of Ordin- 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.

Substitution

of Ordin

ance No. 10

of 1899, s. 37 (7).

Unsea- worthiness.

Substitution for Ordin- ance No. 10 of 1899, s. 37 (15).

Exemption.

Substitution for Ordin- ance No. 10 of 1899, Schedule, Table I.

614

22. Section 37 of the Merchant Shipping Ordinance, 1899, is also amended by the substitution of the following sub- section for sub-section (7) thereof :-

(7) Every owner, agent, charterer or master of any launch or motor boat, who permits such launch or motor boat 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. 1899, is also amended by the substitution of the following 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.

24. Table I in the Schedule to the Merchant Shipping Ordinance, 1899, as enacted by section 2 of the Merchant Shipping Amendment Ordinance, 1931, Ordinance No. 5 of 1931, is repealed and the following Table is substituted 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 MERCHANTILE 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

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

615

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.

at other times

On Saturdays-

From 8 a.m., to 9 a.m.

From 6 a.m., to 8 a.m. and from

1 p.m. to 8 p.m.

.$20.00 per hour

$10.00 per hour

$ 5.00 per kour

$10.00 per

hour

Before 6 a.m., and after 8 p.m. ...$20.00 per hour

On other days-

From 8 a.m. to 9 a.m., and from

5 p.m. to 6 p.m.

From 6 a.m. to 8 a.m., and from

6 p.m. to 8 p.m.

Before 6 a.m. and after 8 p.m.

$5.00 per hour

$10.00 per hour

...$20.00 per hour

On all the above occasions any portion of an hour shall count as one hour.

25. This Ordinance shall not come into operation unless Suspending and until the Governor notifies by Proclamation that it is His clause. 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.

Objects and Reasons.

1. The object of this Ordinance is to make such amend- ments in the Merchant Shipping Ordinances of the Colony as are considered desirable before the Ordinances are con- solidated.

2. Section 2 substitutes the words "a marine magistrate' for the words "the marine magistrate" in section (2) (f) of the principal Ordinance.

4. Section 4 adds provisoes to section 5 (3) of the principal Ordinance which are derived from section 38 (e) and (f) of Straits Settlements Ordinance No. 125.

5. There is reason to believe that in some cases the certificated master, who must be provided under section 4 (2) of the principal Ordinance, in the case of every British ship and every foreign ship holding a passenger certificate under

616

6. Section 10 (23) of the principal Ordinance is trans- ferred, as section 19A, to part V of the principal Ordinance by section 11 of this Ordinance with the substitution of the words "steamship or motor ship" for the words "passenger ship". The position in section 10 of the principal Ordinance of the sub-section so transferred is filled by a new sub-section (23) enacted by section 7 of this Ordinance which requires the owners, agents, charaterers and master to report structural alterations in passenger ships.

7. Section 8 of this Ordinance re-enacts section 10 (25) of the principal Ordinance with the substitution of the words. "owner, agent, charterer, master or compradore" for the words "owner or master".

8. Section 9 of this Ordinance amends section 14 (3) of the principal Ordinance by the substitution of the words 'owner, agent, charterer, master or compradore" for the words "owner or master".

10. As stated, section 11 of this Ordinance transfers a sub-section from section 10 to Part V of the principal Ordin-

ance.

11. Section 12 amends section 21 of the principal Ordin- ance so as to enable the Harbour Master to give written permission to vessels to anchor outside the normal anchorages.

12. Section 13 amends section 22 (3) of the principal Ordinance by the substitution of the words "properly to the satisfaction of the Harbour Master" for the word "

"properly" to prevent disputes as to what constitutes proper mooring.

14. Section 15 adds oil to the list of substances which may not be cast upon the waters.

617

16 Section 17 adds the Deputy Harbour Master to the list of officers who may board and inspect vessels under section 30 (1) of the principal Ordinance.

17. Section 18 increases the penalty under section 30 (3) of the principal Orderinance from $200 to $500.

20. Section 21 adds to section 37 of the principal Ordinance a sub-section similar to section 39 (2) (c) as to the provision of anchorages for small craft.

24. Section 25 is the suspending clause usual in Ordin- ances relating to Merchant Shipping.

C. G. ALABASTER,

Attorney General.

May, 1932

618

[No. 31-16.6.32.-1.]

(C.S.O. 2 in 4307/1910).

Short title.

Substitution for Ordin-

ance No. 35

of 1912, s. 3 (2).

A BILL

INTITULED

An Ordinance to amend further the Crown Solicitors Ordin-

ance, 1912.

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 Amendment Ordinance, 1932.

2. Sub-section (2) of section 3 of the Crown Solicitors Ordinance, 1912, as enacted by section 3 of Ordinance No. 9 of 1924, is repealed and the following sub-section is substituted--

Objects and Reasons.

June, 1932.

C. G. ALABASTER,

Attorney General.

་

619

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 226.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

24th June, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 227.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924,

30th April,

1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements,

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port Swettenham.

(F.M.S.)

Do.

29th April, 1932.

No. S. 176.

24th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

620

HARBOUR DEPARTMENT.

　　　No. S. 228.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to S/L "P.D. 1", will be received at the Colonial Secretary's Office until Noon of Friday, the 15th day of July, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

22nd June, 1932.

G. F. HOLE,

Harbour Master, &e

PUBLIC WORKS DEPARTMENT.

No. S. 229.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Approach road to New Kowloon Urning Cemetery No. 5", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 5th day of July, 1932, for the construction of an approach road 6 ft. wide to New Kowloon Urning Cemetery No. 5 together with all contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

24th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 230.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training at Sookunpoo", will be received at the Colonial Secretary's Office until Noon of Monday, the 11th day of July, 1932, for the Training of Nullahs in the Sookunpoo District.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

24th June, 1932.

HAROLD T. Creasy,

Director of Public Works.

No. S. 231.

621

NOTICE TO MARINERS.

No. 50 of 1932.

It is hereby notified for information that the following practices at and in the vicinity of Sau Chau Island, and to the southward of Chang Chau Rock, during the week commencing Monday, 27th June, 1932, will be carried out :-

SAU CHAU ISLAND.

Monday, 27th June.

1330 Point blank practice at Sau Chau Island.

1330-3-inch sub-calibre day practice, firing to the south-westward of

Sau Chau Island.

1430-3-inch and 6-inch sub-calibre day practice, (approx.) firing to the

south-westward of Sau Chau Island.

2015-3-inch sub-calibre night practice, firing to the south-westward of

Sau Chau Island.

Tuesday, 28th June.

0930-3-inch sub-calibre day practice firing to the south-westward of

Sau Chau Island.

0930--Practice at Sau Chau Island.

1030-6-inch sub-calibre day practice, firing to the south-westward of

Sau Chau Island.

1430-Practices at Sau Chau Island.

2000-3-inch and 6-pdr. full calibre night practices, firing to the south-

westward of Sau Chau Island.

SOUTH OF CHANG CHAU ROCK.

Wednesday, 29th June.

0945-3-inch and 6-inch full calibre day practices at target in position

1 mile 180° from Chang Chau Rock.

　　Thursday, 30th June, is a spare day for any practices which may have to be can- celled due to unfavourable weather conditions.

　　The practices will be conducted in accordance with West River General Order No. 93.

Authority :-Naval Authorities.

Hong Kong, 21st June, 1932.

G. F. HOLE,

Harbour Master, &c.

་

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 12 of 1932.

Notices of Intended Dividend.

Be William Frederick Gardner

No. 438, Nathan Road, (Second floor), Yaumati, Kowloon.

A first dividend is intended to be declared

in this matter.

Creditors who have not proved their debts by the 24th day of July, 1932, will be excluded.

No. 13 of 1932.

Re Julius Holm of No. 298, Lockhart Road, (top floor), Victoria in the Colony of flong Kong, Clerk.

first dividend is intended to be declared

in this matter.

Creditors who have not proved their debts by the 24th day of July, 1932, will be excluded.

No. 14 of 1932.

Re Wong Wing Yuet of No 24, Stanley Street, (first floor), Victoria in Colony of Hong Kong, Clerk.

first dividend is intended to be declared

A in this matter.

　　　Creditors who have not proved their debts by the 24th day of July, 1932, will be excluded.

Dated the 24th day of June, 1932.

E. L. AGASSIZ,

Official Receiver

N°

625

IN THE SUPREME COURT

OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 26 of 1932.

In the Matter of The Kwong Ku On Mining Company, Limited (and reduced)

and

In the Matter of The Companies Ordin- ance, 1911 to 1925 and any Amend- ments or additions made thereunder.

OTICE is hereby given, that a petition presented to the Supreme Court of Hong Kong on the 9th June, 1932, for confirming a resolution reducing the capital of the above company from $500,000 to $50.000 is directed to be heard before His Honour Sir Joseph Horsford Kemp, Kt., C.B.E., Chief Justice, on the 29th day of June, 1932, at 10 a.m.

Dated this 18th day of June, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Company.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 27 of 1932.

In the Matter of The China Commercial

Ltd., (and reduced)

and

In the Matter of The Companies Ordin- ance 1911-1925 and any Amend- ments or additions made thereunder.

OTICE is hereby given, that a petition presented to the Supreme Court of Hong Kong, on the 9th June, 1932, for confirming a In the Matter of the Luen Yik Trading resolution reducing the capital of the above

Company, Limited.

In the Matter of The Companies Ordin-

ances,

1911-1921, and

(IN VOLUNTARY LIQUIDATION).

URSUANT to Section 181 of the Companies

PURSANTcts 1911, notice is hereby given that a meeting of the creditors of the above named company will be held at the To To Sin Koon Restaurant. No. 39, Des Voeux Road Central, Victoria, Hong Kong, at 3.30 p.m., on Saturday, the 9th day of July, One thousand nine hundred thirty two for the purposes in that Section prescribed.

Dated the 24th day of June, 1932.

何星儔

(HO SING CHAU),

LI TUNG,

Liquidators.

SPECIAL RESOLUTION.

THE LUEN YIK TRADING COMPANY, LIMITED.

PAS

ASSED at an Extraordinary General Meet- ing of the Company at the To To Sin Koon Restaurant No. 39, Des Voeux Road Central, Victoria in the Colony of Hong Kong on the 20th day of May, 1932 and confirmed as a Special Resolution at an Extraordinary General Meeting of the company held at Victoria afore- said on the 6th day of June, 1932.

"That the Company be wound-up volun- tarily and that Messrs. Ho Sing Chau and Li Tung of No. 10, Des Voeux Road Central Victoria, Hong Kong be appointed as Liquidators.'

Dated this 7th June, 1932.

何星儔

(HO SING CHAU),

Chairman of the Meeting.

company from $1,000,000 to $25,000 is directed to be heard before His Honour Sir Joseph Horsford Kemp, Kt., C.B.E., Chief Justice, on the 29th day of June, 1932, at 10 a.m.

Dated the 18th day of June, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Company.

(FILE No. 166 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

NOTI

a Trade Mark.

OTICE is hereby given that Min Ngai Knitting Co., of No. 32, Fook Chuen Street, Taikoktsui, Hong Kong, have on the 14th day of May, 1931, applied for registration in Hong Kong of the accompanying Trade Mark in Class 38 in respect of socks, stockings, singlets, shirts and all other knitted articles of clothing-

牌禄福

品出可業織藝棉

in the name of the said Min Ngai Knitting Co., who claim to be the proprietors thereof.

The above Trade Mark has been used by the applicants in respect of the goods mentioned in their application since February, 1932

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of June, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong,

(FILE No. 170 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Siu Chee

Knitting Company of No. 9, Maple Street, Shamshuipo in the Dependency of Kowloon in the Colony of Hong Kong, Knitting Manufacturers, have on the 18th day of May, 1932, applied for registration in Hong Kong in the Register of Trade Marks of the following Trade Marks:--

風車牌

(1)

VIOLIN

BRAND

牌鈴梵

( 2 )

牌舾帨

(3)

in the name of Siu Chee Knitting Company who claim to be the proprietors thereof.

Trade Mark No. 1 has been used by the applicants in respect of Singlets in Class 38. Trade Marks Nos. 2 and 3 are intended to be used forthwith by the applicants in respect of Singlets and Hosiery in Class 38.

Dated the 24th day of June, 1932.

SIU CHEE KNITTING CO., No. 9, Maple Street, Shamshuipo,

Kowloon, Hong Kong, Applicants.

(FILE No. 191 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Butterfly

Company,

A) of No. 149, Lockhart

Road, (First Floor), Victoria in the Colony of Hong Kong, Merchants on the 2nd day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

TUTTEREY

TRADE

FLY

MARK

626

(FILE No. 187 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Solar Electrical & Manufacturing Company of

(FILE No. 188 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that the Wing Tai

China Buildina, Vltoria, in the Colony of N Hing of No. 32, Wing Lok Street (First N Hong Kong, have on the 30th day of May,

1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Att

註

floor), Victoria in the Colony of Hong Kong, have on the 31st day of May, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks:-

HITOR-CAR

TIG BRAND

粉根好虎猛

QUICK

HITE

in the name of The Butterfly Company, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used forth- with in Class 50 in respect of Hat and shoe white fluid.

It is hereby stated that the applicants dis- claim the right to the exclusive use of the words "Quick White."

　　　　　　　Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of June, 1932.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central,

Hong Kong.

(FILE No. 162 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Shing

NOTH

標

商

in the name of the Solar Electrical & Manu- facturing Company, who claim to be the pro- prietors thereof.

The above Trade Mark has not hitherto been used by the Applicants, but it is their intention so to use it forthwith in respect of the following goods:-

Glass in Class 15 and Metal Goods and

Corkscrews in Class 13.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WOO AND NASH, Solicitors for the Applicants," No. 4, Queen's Road Central, Hong Kong.

(FILE No. 172 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Tai Chan Hop Kee Firm (NOTICE is hereby given that The Hang

Firm(成大棧

of No. 170, Wing Lok Street West,

(ground floor), Victoria in the Colony of Hong Kong, have on the 10th day of May, 1932, applied for the registration in Hong Kong, in

the Register of Trade Marks, of the following Tarde Mark :

棧大成

Lung Firm of No. 87, Des Voeux Road West, Victoria, in the Colony of Hong Kong, have, on the 20th day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

FLOUR MERCHANTS

裴選興泰永

* HOUA MERCHANTS

in the name of the Wing Tai Hing, who claim to be the proprietors thereof.

The Trade Marks has not hitherto been used by my firm but it is our intention to use same forthwith in respect of flour in Class 42.

Facsimiles of the above Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WING TAI HING,

No. 32, Wing Lok Street, First floor,

Hong Kong.

(FILE No. 208 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Wah Loong

of Kowloon Inland Lot No. 1928, Bedford Street, Tai Kok Tsui, Kowloon, Hong Kong, Manufacturers of Preserved Ginger and Sweet- meats, have on the 10th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

OONG GINGER

WAH LOC

CHINESE GATE

REGD.

註册

我不弊

標

in the name of the Shing Tai Chan Hop Kee Firm, who claim to be the proprietors thereof.

　　　　　　The Trade Mark has been used by the Applicants for over 4 years in Class 42 in respect of preserved vegetables.

　　　　　　Facsimiles of the above Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May,

1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

in the name of The Hang Lung Firm, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 20 in respect of :- Explosive substances such

as gun-

powder, guncotton, dynamite, fog- signals, percussion caps, fireworks, fire-crackers and cartridges. Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of May, 1932.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

坊牌

MADE IN HONG

ONG.CHINA

in the name of Wah Loong, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intended so to use it forthwith in respect of Preserved ginger and preserved fruits in Class 42.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of June, 1932.

WAH LOONG,

K.I.L. No. 1928, Bedford Street, Tai Kok Tsui, Kowloon,

Hong Kong, Applicants.

曹

(FILE NO. 102 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

627

(FILE NO. 115 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Fung Keong NOTICE is hereby given that the Chen Ah

TRADE

MARK

999

(FILE No. 112 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Wellman Company, of No. 98, (Second Floor), Connaught Road West, Hong Kong, have, on the 9th day of April, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

HEAMOGEN

Dated the 29th day of April, 1932.

D'ALMADA & MASON, Solicitors for the Applicants, No. 33, Queen's Road Central,

Hong Kong.

(FILE NO. 19 of 1929) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Grotjahn and

"ABUS"

in the name of Grotjahn and Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants forthwith in respect of Pad- locks in Class 13.

Dated the 29th day of April, 1932.

GROTJAHN & COMPANY.

in the name of the said Chen Ah Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 2 in respect of Sanitary Disinfecting Fluid.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of April, 1932.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 121 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the British Manufacturers Export Association (Tex- tiles), Ltd., of No. 320, Kiangse Road, Shang- hai, on the 6th day of April, 1932, applied for the registration, in Hong Kong, in the

(2)

獅

子

血

in the name of Wellman Company, who claim to be the proprietors thereof.

The Trade Marks are intended to be used forthwith by the applicants in respect of Tonic Medicine in Class 3.

Dated the 29th day of April, 1932.

WELLMAN COMPANY,

No. 98, (2nd floor), Connaught Road West, Hong Kong, Applicants.

(FILE NO. 146 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Kwok Li Cheong Linseed-oil Company

Trade Mark, viz :-

(中國灃昌魚油公司)

Queen's Road Central, (2nd floor), Victoria in

the Colony of Hong Kong, have, on the 3rd day

of May, 1932, applied for registration in Hong

Kong, of the accompany Trade Mark:-

標商嘜象

(FILE NO. 19 of 1929)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that C. C. Wake- field & Company, Limited, of London, England, Manufacturers, of Motor and Lubricat- ing Oils, have, on the 15th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

"CASTROL

ni the name of C. C. Wakefield & Company, Limited, who claim to be the proprietors there- of.

The above Trade Mark is intended to be used by the Applicants forthwith in respect of -Motor and Lubricating Oils in Class 47.

Dated the 29th day of April, 1932.

C. C. WAKEFIELD AND COMPANY, LIMITED.

in the name of the said British Manufacturers | Export Association (Textiles) Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of the following goods in the following class, viz:-

Worsted Tissues (piece goods) in Class 34.

Dated the 29th day of April, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

in the name of the said Chung Kwok Li Cheong Linseed oil Company, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of oils in Class 4. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

628

(FILES Nos. 168 AND 167 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trude Marks.

NOTICE

TOTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft, of Frankfort-on-Main, Germany, Manufacturers, have, on the 14th and 15th days of March, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

"Coffeminal"

(2)

Agfacolor

(FILE No. 98 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Bo Yuen

Firm of No. 43, Yen Chow Street, (1st Floor), Shamshuipo in the Colony of Hong Kong, on the 30th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

克

發

天

色

in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

　　　　　　　Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Chemical Substances prepared for use in medicine and pharmacy

in Class 3.

Trade Mark No. 2 has been used by the Applicants since March, 1932 in respect of:-

Photographic plates and photographic films sensitized in Class 1. Trade Mark No. 2 is to be associated with Trade Marks Nos. 382 to 387 and 404 of 1924, and No. 41 of 1930.

　　　　　　　　Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of the said Bo Yuen Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants in respect of :-

Bean cakes to be used as fertiliser in

Class 2.

Dated the 27th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 165 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Henry Graye of 5, Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 14th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

GRAVE BLAG

Trade and Shipping Returns for the month of April, 1932.

(OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5. Duddell Street.

ORDINANCES FOR 1931.

BOUND volumes of Ordinances of

WET MIX-WET STRIP PROCESS

in the name of the said Henry Graye, who claims to be the proprietor thereof.

The Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Concrete Building Blocks in Class 17.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade

Hong Kong, including Pro- clamations, Regulations, and Orders, Marks of Hong Kong and of the undersigned. in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

Dated the 27th day of May, 1932.

HENRY GRAYE,

5, Queen's Road Central, Hong Kong, Applicants.

630

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 232.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Notification No. 362 of Sth June. 1932.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 233.--Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April, 1932.

No. S. 175.

Port

Swettenham.

(F.M.S.)

Do.

29th April, 1932.

No. S. 176.

30th June, 1932.

E. R. HALLIFAX,

Colonial Secretary.

631

DISTRICT OFFICE, SOUTH.

No. S. 234.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 15th day of July, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Contents

Upset

Registry No.

Locality.

Crown

in Square feet.

Price.

Rent.

Mui Wo

Demarcation District

No. 4.

Lot No. 581.

30th June, 1932.

Mui Wo.

-CA

47,57%

119

1.10

Subject to readjustment as provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

No. S. 235.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 18th day of July, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in

Sq. feet.

Annual Upset Rent. Price.

feet.

feet. feet.

feet.

Inland Lot No. 3505.

Junction of Shaukiwan Road and Tin Hau Temple Road,

As per sale plan,

About

7,830 144

39,150

near Causeway Bay.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

30th June, 1932.

HAROLD T. CREASY,

Director of Public Works

632

PUBLIC WORKS DEPARTMENT.

　　　No. S. 236.-The following description and terms of the proposed lease of certain Crown Land at North Point, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in Sq. feet.

Annual Pre- Rental. mium.

About

Inland Lot No. 3504.

East of Inland Lot No. 2918, Shaukiwan Road.

As per sale plan.

42,000 772 21,000

　　　A plan of the lot, signed by the Director of Public Works, can be seen at the Office of the Public Works Department.

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

　　　1. In consideration of payment of the premium and upon completion of the reclama- tion of the above lot to the satisfaction of the Director of Public Works, it is proposed to grant a Crown Lease of the whole area coloured red on the said plan and having a total area of 42,000 square feet for a term of 75 years, commencing from the date of sale, renewable for a further term of 75 years at a re-assessed Crown Rent.

　　　The amounts of the premium and Crown Rent are subject to re-adjustment when the reclamation has been completed in accordance with the area actually occupied.

　　　2. The Crown Lease of the area coloured red on the said plan will be subject to and contain all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Lease of Inland Lots in the Colony of Hong Kong; the Lease will also specify the purpose for which the land is leased (i.e., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators, and assigns, or successors and assigns (as the case may be) failing, at any time during the continuance of the term of the said Lease to use the demised land for the purpose so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor, then it shall be lawful for His Majesty. His Heirs, Successors or Assigns, by the Governor or by any officer authorised by him in writing, to re-enter on the land, foreshores and Sea beds included in and demised by such Lease or any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease will also contain in particular a reservation to the Crown of all mines and minerals under the demised land. The Lease will also contain. a proviso that the Lessee is to have the option of renewing the Lease for a further term of 75 years at a re-assessed Crown Rent to be fixed by the Surveyor of His Majesty the KING.

3. The Lessee of the lot will also have to pay the sum of $32 for boundary stones required to define the lot, and the prescribed fee for the Crown Lease.

HAROLD T. CREASY,

Director of Public Works.

30th June, 1932.

{

633

PUBLIC WORKS DEPARTMENT.

No. S. 237.-Notice is hereby given under section 3 of The Foreshores and Sea Bed Ordinance, 1901, that all persons having any objections to the granting of the lease as above described must send in particulars of their objections in writing to the Colonial Secretary before the expiration of a period of one month from the 30th day of June, 1932, and all such objections will be considered by the Governor in Council.

And notice is also given that if after the expiration of such period of one month the Governor in Council shall declare it to be expedient to grant a lease of the said lot, the said proposed sale will be proceeded with, and that the Crown Lease of the lot shall be deemed to demise to the lessee the foreshores or Sea beds included in such lease free and discharged from all rights, privileges, profits-a-prendre, and easements, whether public or private, which may have existed or may be claimed in or over such foreshore and sea bed, so far as is necessary for carrying out the purpose for which the land is leased.

30th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

.PUBLIC WORKS DEPARTMENT.

　No. S. 223.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 4th day of July, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

of Registry No. Sale.

Locality.

Contents in

Sq. feet.

Annual Upset Rent. Price.

feet.

feet. feet.

feet.

About

New Kowloon

Inland Lot

No. 1889.

Near New Kowloon Inland Lot No. 1813, Un Chau Street, Shamshuipo.

As per sale plan.

2,448

4,896

　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

17th June, 1932.

HAROLD T. CREASY,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 8 of 1930.

Notices of Application for Discharge.

Re Yung Fook Chiu alias Yung Kon Tong alias Yung Fuk of No. 359, Reclamation Street, Mongkok, in the

635

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Henry Birkett late of 142 St. James Court Buckingham Gate London in the United Kingdom

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

The Goods of David McKay Whamond, late of Hankow in the Republic of China, deceased.

formerly of Victoria in the Colony NOTICE is hereby given that the Court has

of Hong Kong Broker, deceased.

Dependency of Kowloon and Colony NOTICE is hereby given that the Court has

of Hong Kong, Lannch Owner.

OTICE is hereby given that the above- named debtor, having applied to the Court, for his Discharge, the Court, has fixed Saturday, the 16th day of July, 1932, at 10 o'clock in the forenoon for hearing the application.

No. 13 of 1930.

Re Kwong Shing Cheong firm of No. 8, Wing Wo Street and No. 4, French Street, both in Victoria, Hong Kong.

OTICE is hereby given that Tong Cheuk Seng, Managing partner of the above- named debtor firm, having applied to the Court, for his Discharge, the Court, has fixed Saturday, the 16th day of July, 1932, at 10 o'clock in the forenoon for hearing the application.

No. 16 of 1930.

Re Tometaro Nishida trading as Nishida Yoka of Nos. 26 and 28, Hennessy Road, (Ground floor), Victoria, in the Colony of Hong Kong. OTICE is hereby given that the above- named debtor, having applied to the Court, for his Discharge, the Court, has fixed Saturday, the 16th day of July, 1932, at 10 o'clock in the forenoon for hearing the application.

Dated the 30th day of June, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 13 of 1932.

Notices of Public Examination.

Re Julius Holm of No. 298, Lockhart Road, (top floor), Victoria in the Colony of Hong Kong, Clerk.

N OTICE is hereby given that the Public

Examination of the debtor Julius Holm will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 16th day of July, 1932, at 10 a.m.

No. 14 of 1932.

Re Wong Wing Yuet, of No. 24, Stanley Street, (first floor), Victoria in the Colony of Hong Kong, Clerk.

N OTICE is hereby given that the Public Examination of the debtor Wong Wing

Yuet will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Satur- day, the 16th day of July, 1932, at 10 a.m.

Dated the 30th day of June, 1932.

E. L. AGASSIZ,

Official Receiver.

by virtue of Section 58 of the Probate Ordinance 1897 made an Order limiting time for creditors and others to send in their claims against the above estate to the 19th day of July, 1932.

All creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 30th day of June, 1931.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Administrator, No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 212 or 1922)

TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

Wheep & Sons, Ltd., of No. 5, Queen's OTICE is hereby given that Edward

Road, (2nd floor), Banque de l'Indo Chine Building, Victoria, in the Colony of Hong Kong, have on the 20th June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of one Trade Mark :-

in the name of said Edward Wheen & Sons, Ltd., who claim to be the proprietors thereof.

The Trade Mark is to be used by the ap-

plicants in respect of Cotton piece goods of

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an Order limiting the time for creditors and others to send in their claims against the above estate to 28th day of July, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 30th day of June, 1932.

DEACONS,

Solicitors for the Executor, 1, Des Vœux Road Central, Hong Kong.

(FILE No. 222 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Callender's Cable & Construction Co., Ltd., of Hamilton House, Victoria Embankment, Lon- don. E.C. 4, on the 21st day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

KALEECO

in the name of the said Callender's Cable & Construction Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Electric cables in Class 8 and Wire insulated or sheathed with india- rubber and used for electrical purposes in Class 40.

Dated the 30th day of June, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants,

No. 8, Des Voeux Road Central, Hong Kong.

白告股退

退壬此洋大月股因公啓股申佈陸十份志司者人年轕公二退圖承日發藹五五等司日與別辦前記記月情之交股業利弟概生易內願合與意清人將娛· 退盈楚承名樂組股虧日受下場織人與後經所生新無及該已占意大涉華新本之今陸

all kinds in Class No. 24, and in Class No. 34 裕義大 in respect of Cloths and Stuffs of Wool,

Worsted and Hair.

記記記

逸澄世記記記

EDWARD WHEEN & SONS, LTD.,

Dated the 30th day of June, 1932.

R. W. LEE-JONES,

Manager.

636

(FILE No. 221 or 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of

Trade Marks.

OTICE is hereby given that Sammy

Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have on the 23rd day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

N°

(FILE No. 180 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that Establissements Rigaud, societe anonyme organised under the laws of France of 8, rue Vivienne, Paris, France, have on the 12th day of April, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :-

CIRCLE & SQUARE

<牌矩規

敬造織美 |

(2)

厰造織美ミ

台炮三

(3)

厰造織美ミ

TRADE MARK

鑽

鎖牌

in the name of the said Establissements Rigaud, who claim to be the pro- prietors thereof.

The above Trade Mark has already been used by the Applicants in

respect of Pharmaceutical preparation for human use in Class 3.

Facsimiles of the mark may be seen at the offices of the Registrar of

Trade Marks and of the undersigned.

Dated this 30th day of June, 1931.

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central,

Hong Kong.

(4)

廠造織美三

嘜筒三

(5)

厰造織美

上線衫

100

至尊牌

in the name of Sammy Knitting Factory, who

claim to be the proprietors thereof.

　　　　　　　　The above Marks have not hitherto been used but are intended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38. Mark No. 2 will exclude boots and shoes.

Dated the 30th day of June, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

(FILE No. 184 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

Νο

OTICE is hereby given that Standard Oil Company of New Jersey, of Wilmington,

Delaware, United States of America, Manufac- turers and Marketers of petroleum products, have on the 28th. day of May, 1932, applied for registration, in Hong Kong, in the Register of Trade marks, of the following Trade Mark :-

ESSOLUBE

in the name of Standard Oil Company of New Jersey, who claim to be the proprietors thereof. The Trade Mark has been used by the Ap- plicants since 9th. March, 1931, in respect of the following goods :

Refined. semi-refined, and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illuminating, burning, power, motor fuel, and lubricating pur- poses, and greases, in Class 47. The Trade Mark is associated with Trade Mark No. 160 of 1928.

Dated the 30th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE No. 439 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chung Wo Knitting Company of Nos. 12, 14 and 16, Fook Chuen Street, Taikoktsui, Kowloon, Hong Kong, have on the 30th day of December, 1931, applied for the registration in Hong Kong, the Register of Trade Marks, of the following Trade Mark :-

牌鏡寳

in the name of Chung Wo Knitting Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Singlets and Hosiery in Class 38.

Dated the 30th day of June, 1932.

CHUNG WO KNITTING COMPANY, Nos. 12, 14, & 16, Fook Chuen Street, Taikoktsui, Kowloon,

Hong Kong, Applicants.

637

(FILE No. 194 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

(FILE No. 220 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Narbenindustrie Aktiengesellschaft of

OTICE hereby given that I. G.

NOTICE is hereby given that Wah Cheong Gruneburgplatz, Frankfurt a. M. Germany,

Shing Firm of No. 6, Kwong Yuen Street East, Hong Kong, Merchants, have on the 9th day of June, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

Manufacturers, have on the 22nd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

Isochrom

商標

(1)

天至富

財

迅速分色片

TRADE FLARK

(2)

in the name of I. G. Farbenindustrie Aktien-

gesellschaft, who claim to be the sole pro-

prietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-

Photographic films and plates sensitized

in Class-1.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of June, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of Wah Cheong Shing Firm, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by the applicants (Trade Mark No. 1) in respect of Singlets and hosiery in Class 38 and (Trade Mark No. 2) in respect of Cotton handkerchiefs in Class 25.

Dated the 30th day of June, 1932.

WAH CHEONG SHING FIRM, No. 6, Kwong Yuen Street East,

Hong Kong, Applicants.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office Price: $1.00

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

640

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 238.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th June, 1932, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation... Mercantile Bank of India, Limited...

21,111,724 8,300,000*

135,820,518 112,000,000+

3,152,656 1,350,000§

TOTAL

160,084,898 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,328,400.

↑ In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

8th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

Nọ. S. 239.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911) :-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

8th July, 1932.

102-1021/

E. R. HALLIFAX,

Colonial Secretary.

}

642

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 242.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

8th July, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July,

1932.

Notification No. 448 of 7th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 243. The following names of successful tenderers are notified for general information:-

Government Notification.

S. 170 of 4.5.32.

Particulars.

Tender for repairs to No. 2 Police Launch.

S. 179 of 13.5.32.

Tender for repairs to No. 1 Fire Float.

S. 181 of 13.5.32.

Tender for clothing, H.K.V.D.C.

S. 182 of 13.5.32.

Tender for nullah training at Stanley.

S. 195 of 23.5.32.

Tender for purchase of one 40 H.P. Glieniffer

Engine.

S. 212 of 8.6.32.

Tender for repairs to Steam Launch S.D. 2.

Firms.

Messrs. Hong Kong China Dock Co., Ltd.

Messrs. The Hong

Kong & Wham- poa Dock Co., Ltd.

Messrs. Mohamed

Din Brothers.

Messrs. Hop Hing &

Son.

Messrs. The South China Motorship

Building

Repairing

Works, Ltd.

and

Messrs. The South

China Motorship

Building

Repairing Works, Ltd.

E. R. HALLIFAX,

Colonial Secretary.

and

8th July, 1932.

}

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 244.--Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th June, 1932.

Place

Title of Book.

Language in which it is

Name of

Author,

Translator,

Subject.

written.

Editor.

Printing

and

Place of

Publication.

Name or

Firm of

Printer and

Number

Name or

Date of

Issue from

the Press.

Sheets,

Leaves,

Size.

Number

Edition.

Firm of

Publisher.

Pages.

Number

Copies of

which the

Edition

consists.

Whether

Printed

Price

at which

the Book

Litho- graphed. the Public.

is sold to

Name and

Residence of the Proprietor of the Copy-

right or any

Portion of such Copyright.

No. 5.--Figures and Quotations

English.

of Local and Other Stocks.

Ellis and

Edgar.

Figures and

Quotations of Local and

Other

Stocks.

38,

Rumford

20.4.32.

D'Aguilar Street.

Printing

pages.

Demy

8vo.

130

Printed. $1.00

Ellis & Edgar.

20.1.32.

Press.

No. 6.-- Figures and Quotations

of Local and Other Stocks.

No. 7.-Figures and Quotations of Local and Other Stocks.

4th July, 1932.

Ellis and

E 'gar.

Figures and

Quotations of Local and

Do.

14.5.32.

55 Demy

pages.

130

Do.

8vo.

Other

Stocks.

Do.

Ellis and

Edgar.

Figures and

Quotations

13.6.32.

pages.

Demy

8vo.

135

Do.

of Local and

Other

Stocks.

$1.00

Ellis & Edgar. 17.5.32.

Ellis & Edgar. 13.6.32.

R. C. WILKINSON, p. Secretary for Chinese Affairs

643

644

DISTRICT OFFICE, TAI PO.

　　　No. S. 245.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 20th day of July, 1932.

　　　The Lots are let for the term of One year from the 1st day of July, 1932, as Agricultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres.

Price.

Annual Upset Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

€A

$35

4645

Wo Hop Shek.

As per plan deposited in the District Office, North.

*01 acre.

Nil.

.10

2923

4646

896

Lo Wu

182

558A

Kak Tin.

559A

*07

.30

*25

1.00

⚫30

.60

1.70

⚫30

.60

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

　　　No. S. 246.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 20th day of July, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 8 as Building Lots. Lots Nos. 9 and 10 as Threshing Floor Lots, and Lots Nos. 11 to 19 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Govern- ment Notification No. 470 of 1931. Lots Nos. 1 to 8 are further subject to Special Con- dition No. 2 (a). Lots Nos. 9 and 10 are further subject to Special Condition No. 1 (a). Lots Nos. 11 to 19 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

644

DISTRICT OFFICE, TAI PO.

　　　No. S. 245.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 20th day of July, 1932.

　　　The Lots are let for the term of One year from the 1st day of July, 1932, as Agricultural Lots.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres.

Price.

Annual Upset Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

€A

$35

4645

Wo Hop Shek.

As per plan deposited in the District Office, North.

*01 acre.

Nil.

.10

2923

4646

896

Lo Wu

182

558A

Kak Tin.

559A

*07

.30

*25

1.00

⚫30

.60

1.70

⚫30

.60

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

　　　No. S. 246.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 20th day of July, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 8 as Building Lots. Lots Nos. 9 and 10 as Threshing Floor Lots, and Lots Nos. 11 to 19 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Govern- ment Notification No. 470 of 1931. Lots Nos. 1 to 8 are further subject to Special Con- dition No. 2 (a). Lots Nos. 9 and 10 are further subject to Special Condition No. 1 (a). Lots Nos. 11 to 19 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

645

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,000, $2,500, $1,250, $500, $500, $250, $250 and $150 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Acres, or Square feet.

Upset

Crown

Price.

Rent

No. D. D. Lot.

feet.

feet. feet. feet.

183

455

Tung Lo Wan,

As per plan deposited in the District Office, North.

1,650 sq. ft.

4.00

456

4,000

10,00

254

Hei Tsz Wan.

1,786

2.50

4 179

652

San Tin Tsun

870

2.00

ད!

151

587

Wang Ling Tau.

495

1:00

990

Loi Tung

396

.50

1825

Tsung Un Ha.

250

.50

257

582

Wong Nai Chau.

252

.50

1426

Sheung Shui.

500

•10

2031

Tsz Tong Tsun.

1,120

.10

1174

Shek Ku Lung.

14 acre.

.20

1175

.30

1826

Tai Hang.

•16

.20

14 9

1156A

Tai Wo.

.20

多多

16 93

283

926

Wun Iu.

*04

.10

1457

Liu Pok.

'64

210

200

1424

*41

134

1.30

181

Pak Tin.

*37

.40

221

1691

Sha Kok Mi.

*08

.10

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

646

DISTRICT OFFICE, TAI PO.

　　　No. S. 247.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m. on Wednesday, the 20th day of July, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Building and Garden Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Govern:nent Notification No. 470 of 1931, and to Special Condition No. 2 (a) and (b) in the above Government Notification and further to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $4,000, $5,000, $6,000, $5,000, $5,000, $7,000 and $5,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Upset

Square feet. Price.

Crown

Rent.

No. D. D. Lot.

€

376

318

So Kun Wat.

As per plan deposited in the 20,000 sq. ft.

District Office, North.

200

46.00

321

322

51,950

21,875

520

120.00

219

51.00

323

27,000

270

62.00

324

40,000

400

92.00

325

Wong Ka Wai.

50,000

500

115.00

326

So Kun Wat.

15,000

150

35.00

SPECIAL CONDITIONS.

1. The drainage shall be of the septic tank type which together with the point of discharge shall be to the approval of the Honourable Director of Public Works.

2. The purchaser will have to make his own arrangements as regards water supply.

8th July, 1932.

E. H. WILLIAMS,

District Officer, North

647

DISTRICT OFFICE, TAI PO.

No. S. 248. -It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 21st day of July, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lot No. 1 as a Kerosine Godown Lot, Lots Nos. 2 to 6 as Building Lots, and Lots Nos. 7 to 10 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lot No. 1 is further subject to Special Condition No. 2 (a) and (b). Lots Nos. 2 to 6 are further subject to Special Condition No. 2 (a). Lots Nos. 7 to 10 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lot No. 9 is further subject to Special Condition hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $750, $750, $500, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Upset

Locality.

Crown

No. D. D. Lot.

Acres, or Square feet.

Price.

Rent.

feet. feet. feet. feet.

376

317

Wong Ka Wai.

As per plan deposited in the District Office, North.

900 sq. ft.

3.00

131

807

San Hui.

1,290

1.50

ون

115

1305

Shan Pui.

816

1.00

123

1516

Wang Chau.

780

1.00

1515

384

131

806

Yeung Siu Hang

390

.50

114 1669

Lui Kung Tin

12 acre.

1-1

.20

1670

•09

.10

1671

*44

.50

130

2518

Nai Wai.

*46

.50

SPECIAL CONDITION TO LOT No. 9.

No trees to be removed from the lot.

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

648

DISTRICT OFFICE, TAI Po.

　　　No. S. 249.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 27th day of July, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 11 as Building Lots, Lot No. 12 as Garden and Orchard Lot and Lots Nos. 13 to 22 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 11 are further subject to Special Condition. No. 2 (a). Lots Nos. 12 to 22 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lot No. 12 is further subject to Special Conditions hereunder specified.

The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $1,500, $1,500, $750, $250, $250, $250, $250, $150, $250, $150 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D. Lot.

Boundary Measurements.

Contents

Annual

in Acres, or Price. Square feet.

Upset

Crown

Rent.

feet. feet. feet. feet.

54 2317

Kuk Po.

As per plan deposited in the 2,280 sq. ft.

District Office, North.

3.00

1824

Tsung Un Ha.

2,380

3.00

2269

She Shan.

891

150

་་

83 2032

Ma Wat Wai.

364

.50

1239

Shan Kai Wat.

216

.50

257

581

Wong Nai Chau.

330

.50

249

737

Kai Ham.

300

من

.50

738

154

.50

739

330

.50

267

670

Tam Wat.

240

.50

674

Wong Ti hek.

400

.50

675

87 acre.

.90

1756

Tai Mong Tse.

*04

.10

1757

*02

.10

3333

1212

Ting Kok.

*30

.30

1104

Nam Chung.

*03

.10

1273

•10

.10

18 167

194A

Cheung Muk Tau.

1.15 acres.

126

1.20

212

296

Chiu Lung Tsun.

22 acre.

.30

297

.20

215

562

Sai Kung.

*06

.10

221

1690

•12

.20

649

SPECIAL CONDITIONS TO LOT No. 12.

1. The purchaser shall within twelve months from the date of sale plant 50% of the area with fruit trees such trees not to be more than ten feet apart.

2. The purchaser shall thereafter maintain such trees on the lot to the satisfaction of the District Officer, North.

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, SOUTH.

　　No. S. 250.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at II a.m., on Friday, the 22nd day of July, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Price.

Annual Upset Crown

| Square feet.

Rent.

Chai Wan Kok.

9.100

.30

Tsun Wan Demarcation District

No. 355 Lot No. 264.

Subject to readjustment as

provided by the

Conditions of

Sale.

7th July, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

649

SPECIAL CONDITIONS TO LOT No. 12.

1. The purchaser shall within twelve months from the date of sale plant 50% of the area with fruit trees such trees not to be more than ten feet apart.

2. The purchaser shall thereafter maintain such trees on the lot to the satisfaction of the District Officer, North.

8th July, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, SOUTH.

　　No. S. 250.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at II a.m., on Friday, the 22nd day of July, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Price.

Annual Upset Crown

| Square feet.

Rent.

Chai Wan Kok.

9.100

.30

Tsun Wan Demarcation District

No. 355 Lot No. 264.

Subject to readjustment as

provided by the

Conditions of

Sale.

7th July, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

650

―

DISTRICT OFFICE, SOUTH.

No. S. 251.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 22nd day of July, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Annual

Contents in

Upset Crown

Square feet.

Price.

Rent.

·CA

Tsun Wan Demarcation District

No. 355. Lot No. 263.

Chai Wan Kok.

900

Subject to readjustment as provided by the Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

7th July, 1932.

DISTRICT OFFICE,

SOUTHERN DISTRICT,

Hong KoNG.

No. S. 252. It is hereby notified that the following Sale by Public Auction of the right to quarry stone on Crown Land will be held at the Office of the District Officer, South, Post Office Buildings, Hong Kong, at 11 a.m., on Friday, the 29th day of July, 1932.

The Purchaser will be granted a permit to Quarry Granite for the term of ONE year from the 1st day of July, 1932, subject to the Special Conditions hereunder specified.

PARTICULARS OF THE QUARRY.

Quarry No.

Locality.

Boundary Measurements.

Estimated Area Upset Annual Crown

in acres.

Rent.

No. 10.

Lamma.

As per plan deposited in the District Office of the Southern District of the New Territories, Hong Kong

2.23

$44.60

650

―

DISTRICT OFFICE, SOUTH.

No. S. 251.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 22nd day of July, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Annual

Contents in

Upset Crown

Square feet.

Price.

Rent.

·CA

Tsun Wan Demarcation District

No. 355. Lot No. 263.

Chai Wan Kok.

900

Subject to readjustment as provided by the Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

7th July, 1932.

DISTRICT OFFICE,

SOUTHERN DISTRICT,

Hong KoNG.

The Purchaser will be granted a permit to Quarry Granite for the term of ONE year from the 1st day of July, 1932, subject to the Special Conditions hereunder specified.

PARTICULARS OF THE QUARRY.

Quarry No.

Locality.

Boundary Measurements.

Estimated Area Upset Annual Crown

in acres.

Rent.

No. 10.

Lamma.

As per plan deposited in the District Office of the Southern District of the New Territories, Hong Kong

2.23

$44.60

651

SPECIAL CONDITIONS.

　　1. The area to be quarried is shown on a plan deposited in the Office of the District Officer, South, Post Office Buildings, Hong Kong.

　　2. The highest bidder shall immediately after the sale deposit in the Office of the District Officer, South, Hong Kong, a sum equivalent to three months' rent of such Quarry as security for the rent and the fulfilment of these conditions. He shall then be entitled to and shall sign, on demand, a permit from the Crown to quarry granite on the piece of ground comprised in such permit for ONE year from the 1st day of July, 1932, at the rental at which the same was purchased and payable quarterly in advance on the 1st day of each quarter: such permit being in the printed form deposited in the Office of the District Officer, South.

3. The Government will if practicable, allow the permittee to erect and maintain such temporary piers or jetties, as may, in the opinion of the District Officer, South, be reasonably necessary for the purpose of shipping stone cut in the said quarry into junks. or boats; the sites and dimensions of such temporary piers or jetties shall be subject in all respects to the approval of the District Officer, South, who may at any time direct the removal of any such temporary pier or jetty to any other place, the expense of such removal to be borne by the permittee.

　　4. The permit shall be subject to cancellation at any time on two months' notice being given without compensation but a refund of a proportionate part of the rent will be made.

6. The permittee will be allowed to erect a shed 20′ by 20′ for housing workmen and a kitchen 10' by 10'.

7. The quarry shall be left in a tidy condition at the expiration of the permit to the satisfaction of the District Officer, South.

8. Should the permittee fail to comply with these conditions the sum deposited by him shall be forfeited to the Government, and he shall be liable to make good any loss or damage which the Government may incur through his failure to comply with such con- ditions.

8th July, 1932.

B. C. K. HAWKINS,

District Officer, South...

652

PUBLIC WORKS DEPARTMENT.

　　　No. S. 253.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 25th day of July, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents

Annual

in Sq. feet.

Upset

Rent. Price.

feet.

feet. feet.

feet.

About

Inland Lot No. 3489.

Adjoining Inland Lot No. 2849,

As per sale plan.

1,320

3,960

Min Fat Street,

W Wong Nei Chung.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

8th July, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 254.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 25th day of July, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents in Sq. feet.

Annual Rent.

Upset

Price.

No.

Registry No.

Locality.

Sale.

feet. feet. feet.

feet.

About

Garden Lot No. 83.

Adjoining Shaukiwani

As per sale plan.

22,560 52

1.128

Inland Lot No. 495. on the S.W. side of the

Shaukiwan-Tvtam Tuk Road.

The Purchaser of the Lot will also have to pay the sum of $40 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

8th July, 1932.

R. M. HENDERSON,

Director of Public Works.

653

PUBLIC WORKS DEPARTMENT.

No. S. 255.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 25th day of July, 1922, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Contents

Registry No.

Locality.

Annual

Upset

Sale.

Sq. feet.

Rent. Price.

feet. feet. feet.

feet.

Inland Lot No. 3507.

Shaukiwan Road, near Quarry Bay.

As per sale plan.

About

20,000 368

20,000

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

8th July, 1932.

R. M. HENDERSON,

Director of Public Works.

GOVERNMENT LABORATORY.

　　No. S. 256.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 30th June, 1932.

Milk...........

Bread

Honey

Description.

7th July, 1932.

Number of samples.

Number found genuine.

Number found

adulterated.

A. JACKSON,

Assistant Government Analyst.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 15 of 1932.

Re Tommy James Rew of No. 53, Johnston Road, Victoria, in the Colony of Hong Kong, Clerk.

Petition dated the 29th day of June, 1932. Receiving Order dated the 30th day of June, 1932.

NOTICE is hereby given that Thursday,

the 14th day of July, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting..

　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors

657

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY,

No. 15 of 1932.

Notice of Public Examination.

Re Tommy James Rew of No. 53, Johnston Road, Victoria, in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public Examination of the debtor Tommy James Rew will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 16th day of July, 1932, at 10 a.m.

Dated the 8th day of July, 1932.

E. L. AGASSIZ,

Official Receiver.

In the Matter of the Companies Ordi-

nances No. 58 of 1911,

and

In the Matter of Maison Marnac Ltd.

will be asked to consider whether the debtor AT an extraordinary general meeting of the

shall be adjudged bankrupt.

Dated the 8th day of July, 1932.

E. L. AGASSIZ,

NOTICE.

Official Receiver.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Ng 'I Hon

(伍于瀚) Ng Tsz Yee(伍滋義)

and Lui Chi Yuen (T) all of

Victoria in the Colony of Hon Kong, carry- ing on business under the style or firm name of The Yuen Lung Shing Firm

源隆盛號) at No. 235, Wing Lok

　　　Street, Victoria aforesaid Commission Agents, are desirous of transferring the said business of the said Yuen Lung Shing Firm to Ng

Chung Kwai (1) Li Kam Tong (李甘棠) and Ng Yuen Yuen(伍源

of the Shun Kee Co., (AF)

(who are the transferees) of No. 46, Bonham Strand East, Victoria aforesaid on the 8th day of August, 1932.

The Transferees intend to carry on the said business at No. 235, Wing Lok Street, Victoria aforesaid and will take over the assets and assume the liabilities incurred by the Trans- ferors in the said business prior to the execu- tion of the sale, as are now inserted and described in the account books of the said firm.

Dated the 8th day of July, 1932.

雷志遠

伍滋義

伍于瀚

PROPRIETORS OF THR

YUEN LUNG SHING FIRM,

Transferors

and

伍源遠

李甘棠

伍叢桂

順記公司

Transferees.

members of the above-named Company, duly convened and held at Gloucester Building, Victoria, in the Colony of Hong Kong, on the 30th day of June, 1932, the following extra- ordinary resolution was duly passed.

"That it has been proved to the satisfac- tion of the meeting that the Com- pany cannot by reason of its liabili- ties continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily. And that Mr. S. H. Ross of Messrs. Percy Smith, Seth & Fleming, be appointed Liquidator for the purpose of such winding up,"

Dated this 30th day of June, 1932.

J. M. D'ALMADA REMEDIOS, Chairman,

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 26 of 1932.

In the Matter of The Kwong Ku On Mining Company, Limited and

reduced

and

In the Matter of The Companies Ordin-

ance, 1911.

OTICE is hereby given that the Order of the Supreme Court of Hong Kong dated the 29th day of June, 1932, confirming the reduction of the capital of the above named Company from $500,000:00 to $100.000:00 and the minute approved by the Court showing with respect to the capital of the Company as altered the several particulars required by the above Ordinance, was registered by the Registrar of Companies on the 30th day of June, 1932.

The said minute is in the words and figures following:-

The capital of the Kwong Ku On Mining Company Limited and Reduced henceforth is $100,000 00 divided into 100,000 shares of $100 each instead of the orginal capital of $500,000:00 divided into 50,000 shares of $10.00 each at the time of the registration of this minute the sum of $1.00 has been and is to be deemed paid up on each of the 50,000 which have been issued.

Dated this 4th day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Company.

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS.

No. 27 of 1932.

In the Matter of The China Commercial

Co., Ltd., and reduced

and

In the Matter of The Companies Ordin-

ance 1911.

OTICE is hereby given that the Order

of the Supreme Court of Hong Kong, dated the 29th day of June, 1932, confirming the reduction of the capital of the above-named Company from $1,000,000:00 to $25,000:00, and the minute approved by the Court showing with respect to the capital of the Company as altered the several particulars required by the above Ordinance

was registered by the Registrar of Companies on the 30th day of June, 1932.

The said minute is in the words and figures following:

The capital of the China Commerical Com- pany Limited and Reduced henceforth is $25,000:00 divided into 50,000 shares of 50 cents each instead of the original capital of $1,000,000:00 divided into 100,000 shares of $10.00 each. At the time of the registration of this minute the sum of 50 cents has been and is deemed paid upon each of 40,039 shares which have been sued.

Dated the 4th day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Company.

NOTICE.

N pursuance of Section 3 of the Fraudulent ransfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Lam

Chun Wai () and Chiu Kin Kui (both of Victoria in the Colony

of Hong Kong carrying on business under the style or firm name of The Wo Shing Tseung

Firm) otherwise Wo Shing Tseung Fook Kee Firm(和盛祥福

at No. 7, Morrison Street, Victoria, aforesaid, dealers in preserved fruits, are desirous of transferring the said busines of the said Wo Shing Tsung Firm otherwise Wo Shing Tseung Fook Kee Firm to Chiu Chi Yew (趙志堯) and Chiu Pui Cheong (趙

) (who are the transferees) both of

No. 306, Des Voeux Road Central, Victoria aforesaid on the 8th day of August, 1932.

The Transferees intend to carry

on the said business at No. 7, Morrison Street, Victoria aforesaid and will take over the assets and assume the liabilities incurred by the Transferors in the said business prior to the execution of the sale, as are now inserted and described in the account books of the said firm.

Dated the 8th day of July, 1932.

趙建渠

林春偉

PROPRIETORS OF THE

WO SHING TSEUNG FIRM

OTHERWISE WO SHING TSEUNG

FOOK KEE FIRM

Transferors,

and

趙培昌

趙志堯

Transferees.

NOTICE OF TRANSFER.

IN of 30rdinance No. 25

N pursuance of Section 3 of the Fraudulent

of 1923.

Notice is hereby given that by an Assignment dated the 5th day of July, 1932, Lam Yat

658

(FILE No. 226 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Tung

Yuen Loong Firm

(林日)alias Lam Siu Chuen (林少泉) trading as the Hang Cheong firm (Province of Kwong Tung, China but its branch

(恒昌號)

Commission Agents at No. 12, Wing Wo Street, Victoria in the Colony of Hong Kong and at No. 55, Padean Street Sourabaya in the Dutch East Indies (hereinafter called "the Transferor") has transferred the said business of the Hang Cheong Firm to Chiu Man () the

Managing Partner of the Sang Kee Tong of No. 12, Wing Wo Street, Victoria aforesaid (hereinafter called "the Transferee ").

The Transferee intends to carry on the business at No. 12, Wing Wo Street, Victoria, aforesaid and at No. 55, Padean Street Sourabaya aforesaid under the style cf firm name of Hang Cheong Firm and will not assume the liabilities incurred by the Trans- feror in the said businesses.

Dated the 8th day of July, 1932.

RUSS & CO.,

Solicitors for the Transferor and Transferee.

of No. 28, Lung Hing Street, Fatshan, in the

office is situate at No. 124, Bonham Strand East, (ground floor, Victoria, in the Colony of Hong Kong, Merchants on the 27th day of June, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark, viz :-

究必效冐棵商册註能源東用改毕壶拾

龍

ооо

源

東

五鳳好

東

(FILE No. 190 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Dollar Road, in the Colony of Hong Kong, have on Battery Company of No. 284, Lockhart

the 1st day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

LAR UNIT CELL

ין

NO. 550 UNIT CELL

HONG

ATTERY

TRADE

KONS

MARK

FLASHLIGHT

BATTERY

THE DOLLAR BATTERY CO.

MADE IN HONG KONG CHINA

NOTICE.

NOTICE is hereby given that the Power of

Attorney given by the undersigned to

Lo Kwun Hou() dated the 24th

day of May, 1929, has been revoked.

Dated the 6th day of July, 1932.

陳彛仲

(CHAN YEE CHUNG)

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

in the name of The Tung Yuen Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 20 in respect of Fireworks.

Facsimiles of the above Trade Mark can be

seen at the offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 8th day of July, 1932.

LO AND LO., Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE No. 227 of 1932) TRADE MARKS ORDINANCE, 1909.

Νο

Application for Registration of

a Trade Mark.

OTICE is hereby given that Yun Chim Kee Firm of No. 65, Caine Road, Hong Kong, have by an application dated the 27th day of June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

記沾甄港首

YAN CHIM KEE

in the name of the said The Dollar Battery Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric flashlight Cells and Batteries.

The Applicants disclaim the right to the exclusive use of the representative of a battery and No. 550" and of the words and figures on the mark with the execption of the word "Dollar

and the firm's name and address.

Facsimile of Such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the Undersigned.

Dated the 8th day of July, 1932.

THE DOLLAR BATTERY COMPANY, No. 284, Lockhart Road, Hong Kong.

(FILE No. 229 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Mark.

OTICE is hereby given that Lam Hung Kwong of No. 7, ground floor), Rutter Street, Tai Ping Shan, Hong Kong, has on the 28th day of June, 1932, applied for the re- Trade Marks, of the following Trade Mark, gistration in Hong Kong, in the Register of

viz :-

莞東

光鴻林

揉商船註冊雲樹椰

ORDINANCES FOR 1931.

BOUND

D volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5. Duddell Street.

in the name of Yun Chim Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Yun Chim Kee Firm since the last ten years in respect of Confectionery in Class 42.

A facsimile of such Trade Mark can be seen in the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 8th day of July, 1932.

YUN CHIM KEE FIRM, No. 65, Caine Road, Hong Kong,

Anulicants

in the name of Lam Hung Kwong, who claims to be the sole proprietor thereof.

The Trade Mark is intended to be used forthwith by the applicant in respect of Medicines for man in Class No. 3.

The applicant disclaims the right to the exclusive use of the Chinese characters (林光)

Dated the 8th day of July, 1932.

LAM HUNG KWONG, No. 7, Rutter Street, ground floor,.

Tai Ping Shan,

Hong Kong,

Applicant

659

(FILE No. 193 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

is Cobacco TOTICE is hereby given that British Cigarette Co., Ltd., whose registered Soochow Road, Shanghai, Tobacco Manufacturers,

have on the 5th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BELLE CHINA

(FILE No. 171 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Federal Incorporated, USA, have on the 9th

American-Far Eastern

U.S.A., ou

day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

LUCKY BOY

50 CIGARETTES

牌芳華

BELLE

فرسون

CHINA CIGARETTES

BRITISH CIGARETTE CO., LTD

CIGARETTES,

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45.

　　　　Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 8th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road, Central,

Attorney.

(FILE No. 217 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Lai Yue Hang () of On Lok

Village, Fanling in the New Territories of the Colony of Hong Kong, carrying on business as Tea Merchant under the style of Kong Sing () at Lima, Peru, Hong Kong and elsewhere has on the 21st day of June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

压茶

盛廣

KWONG SING

TEA MERCHANT

EXPORT

BEST QUALITY

MADE IN CHINA BY

THE AMERICAN FAR EASTERN MATCH CO. FEDERAL INC. U.S.A

in the name of the American-Far Eastern Match Company, Federal Inc., U.S.A., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of matches in Class 47 forthwith.

Dated the 2nd day of June, 1932.

H. A. PEARSON,

Agent for the Applicants, Asiatic Building,

Hong Kong.

(FILE No. 143 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Brothers Tobacco Company, Limited,

NCTICE is given that The Nanyang of No. 271, Wanchai Road, Victoria, in the Colony of Hong Kong, Merchants, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

GALLANT

山河

本兟選庄

K.S.

压

in the name of Lai Yue Hang of On Lok Village, Fanling aforesaid trading as Kong Sing, who claim to be the sole proprietor thereof.

CIGARETTES

NANYANG BROTHERS TOB.CO.LTD.

in the name of The Nanyang Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by

of cigarettes.

The said Trade Mark has been used by the applicant in class 42 in respect of Tea. Such Trade Mark can be seen at the Offices of the Registrar the Applicants forthwith in Class 45 in respect Trade Marks and of the undersigned. The Applicant disclaims the right to the exclusive use of the letters "K.S." and the representation of a diamond which is common to the trade.

Dated the 8th day of July, 1932.

D'ALMADA AND MASON, Solicitors for the Applicant, No, 33, Queen's Road Central,

Hong Kong.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 6th day of May, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hana Kano

660

NOTIC

(FILE No. 104 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

(FILE No. 104 of 1932) TRADE MARKS ORDINANCE, 909.

Application for Registration of

Four Trade Marks.

NOTICE

OTICE is hereby given that Kanegafuchi Boseki Kabushiki Kwaisha, of 1612, Sumida-machi, Minami-Katsushika-gun, Tokyo- fu, Japan, a corporation duly organized and

OTICE is hereby given that Kanegafuchi Boseki Kabushiki Kwaisha, of 1612, Sumida-machi, Minami-Katsushika-gun, Tokyo-fu, Japan, a corporation duly organized and existing under the Law of Japan and carry-existing under the Law of Japan and carrying

ing on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks-

(1)

人美京

(2)

on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Marks :-

(1)

圖龍九

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim

to be the Proprietors thereof.

The above Trade Marks have been used by the Applicants in respect of Silk Piece Goods of all kinds in Class 30.

Representations of the above Trade Marks are deposited for inspection.

in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants,

Prince's Building,

Hong Kong.

鳩鐘點

(2)

(3)

(FILE No. 104 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is Kwaisha, of 1612, OTICE is hereby given that Kanegafuchi Sumida-machi, Minami-Katsushika-gun, Tokyo- fu, Japan, a corporation duly organized and existing under the Law of Japan and carrying on business as spinning, weaving and knitting industry, have, on the 8th day of April, 1932, applied for registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark :-

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

(FILE No. 125 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

The above Trade Mark has been used by the Applicants in respect of Articles of Clothing of all kinds in Class 38.

A representation of the above Trade Mark is deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1932.

TOYO MENKA KAISHA, LTD.,

The Agents for the Applicants, Prince's Building,

Hong Kong.

LION & SON

KNITTING CO.

DOG HEAD BRAND

牌頭」

in the name of Lion & Son Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Articles of Clothing in Class 38.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 6th day of May, 1932.

LION & SON KNITTING FACTORY, No. 104, Apliu Street, Shamshuipo, Hong Kong, Applicants.

MARK OF

THE

QUALITY

MARK

REGISTERED TRADE

(4)

KANEBO

in the name of the said Kanegafuchi Boseki Kabushiki Kwaisha, who claim to be the Pro- prietors thereof.

The above Trade Marks have been used by the Applicants in respect of Cotton Piece Goods of all kinds in Class 24.

Representations of the above Trade Marks are deposited for inspection in the Office of the Registrar.

Dated the 6th day of May, 1931.

TOYO MENKA KAISHA, LTD., The Agents for the Applicants,

Prince's Building, Hong Kong.

(FILE NO. 183 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Kam Sing NOTEOectrical Supply Company, Limited of

No. 58, Wing Lok Street, Victoria, Hong Kong, have, on the 28th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

EAGLE

BRAND

661

(FILE No. 176 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Perfumery Company of No. 194, (Second Floor), Ki Lung Street, Shamshuipo, Hong Kong, have, on the 25th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

́OTICE is hereby given that The Peacock

PEACOCK BRAND

(FILE NO. 211 OF 1932\

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chu Kwong Lan Firm of No. 104, Wing Lok Street, Victoria in the Colony of Hong Kong, have on the 18th day of June, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

標商嘜鷀

in the name of Kam Sing Electrical Supply

　Company, Limited, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Electrical Bulbs in Class 15.

　　Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

KAM SING ELECTRICAL SUPPLY COMPANY, LIMITED., No. 58, Wing Lok Street,

Hong Kong, Applicants.

(FILE No. 189 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Nanyang

Brothers Tobacco Company, Limited of

No. 271, Wanchai Road, Victoria in the Colony

司谷品装代雀きし

in the name of The Peacock Perfumery Com-

pany, who claim to be the proprietors thereof.

in the name of Chu Kwong Lan Firm, who

The Trade Mark is intended to be used forth-claim to be the proprietors thereof.

with by the applicants in respect of White polishing fluid for polishing shoes, boots, hats other canvas materials in Class 50.

Representations of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

THE PEACOCK PERFUMERY CO., 2nd flr., 194, Ki Lung Street, Shamshuipo, Kowloon,

Hong Kong, Applicants.

(FILE No. 174 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

of Hong Kong, Merchants on the 1st. day of NOTICE is hereby given that Dunlop

June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

FORT

Rubber Company (China) Limited, a Company duly incorporated and registered under the Companies Ordinances of Hong Kong and whose registered office is at No. 9, Foochow Road, Shanghai, China, and carrying business at Shanghai aforesaid and also at No. 3, Wyndham Street, Victoria, Hong Kong and elsewhere, have, on the 23rd day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

The Trade Mark is intended to be used forth- with by the applicants in respect of Chinese prepared tobacco in Class 45.

Representatious of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 8th day of July, 1932.

CHU KWONG LAN FIRM, No. 101, Wing Lok Street,

Hong Kong, Applicants.

(FILE No. 130 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Fr. Küttner Aktiengesellschaft of Schma, Thuringen, Germany, Manufacturers, have on the 19th day of April, 1982, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

FR. KÜTTNER AKTIENGESELLSCHAFT

Artificial Silk Spinning Works PIRNA and at SEHMA Germany Küttner's Viscose Art. Silk Yarn ,,KASEMA"

CIGAREITES

牌臺礅

NANYANGBROS TOB CO LTD

in the name of The Nanyang Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

　　Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 10th day of June, 1932.

LO AND LO,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Raod Central,

Hong Kong.

DUNLOP

FORT ----

in the name of Dunlop Rubber Company (China) Limited, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith, but the word "Fort" has been used by the said Company for the last three years, in respect of following goods: -

Tyres made of India-rubber or in which India-rubber predominates, in Class 40.

The Trade Mark is associated with Trade Marks Nos. 163 of 1897, 153 of 1910 and 437 of 1931.

Dated the 10th day of June, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

KASIEMA

---deniers

10 165

in the name of Fr. Küttner Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :-

Artificial Silk Yarn in Class 50.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

662

(FILE No. 375 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Courtaulds, Limited, of 16, St. Martin's-le-Grand, London, England, Spinners and

　　　　　　　　Manufacturers, have on the 6th day of August, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

司公限有絲製氏爾托可國英

in the name of Courtaulds, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forth- with in respect of :-

Artificial silk piece goods, threads and yarns in Class 50.

　　　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

DEACONS, Solicitors for the Applicants.

1, Des Voeux Road Central, Hong Kong.

(FILE No. 114 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

(1)

Queen Brand

FINE QUALITY

DOUBLE KNITTING YARN

(2)

盖寶單

(3)

B. M. E, A, ITEXTILES) LTD.

HONGKONG,

(4)

WHITE GOOSE BRAND

FINE QUALITY DOUBLE KNITTING YARN

OPPRETT

香港德惠寶洋行

(5)

子燕雙

國機戸聯華公司

英國機戶聯華公司

標

(6)

商獅

三

機國

*RAOL

孔華聯色

BMEA (TEXTILES) LTD.. HONGKONG.

紗光電寺上

in the name of the said B.M.E.A. (Textiles) Limited, who claim to be the proprietors thereof.

The following Trade Marks have been used by the Applicants as follows:-

Queen Brand" in respect of Knitting Yarns of Wool in Class 33. "Crown Brand "

Cotton Yarns in Class 23.

2 Crowns Brand"

'3 Lions

23.

Cotton Piece Goods in Class 24.

Yarns of Wool Worsted or Hair in Class 33. Woollen and Worsted Piece Goods in Class 34.

The following Trade Marks are intended to be used by the Applicants as follows:-

2 Swallows Brand" in respect of Cotton Yarns in Class 23.

White Goose

Dated the 13th day of May, 1932.

Knitting Yarns of Wool in Class 33.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

(FILE No. 129 of 1932)

TRADE MARKS ORDINANCE, 1909.

N°

Application for Registration of

Trade Marks,

OTICE is hereby given that Daggett & Ramsdell of New York, United States of America Manufacturers and Marketers of Cosmetics, have on the 19th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

DAGELLE

663

(FILE NO. 141 of 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Wong Pok

(FILE No. 135 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

Exchange

(3)

(4)

(5)

DAGGETT

RAMSDELL

VIVATONE

HA-KOL

in the name of Daggett & Ramsdell, who claim

to be the proprietors thereof.

Vegetable, animal and mineral substances in their natural state or elaborated, for preparation and manufacture of cosme- tics, toilet creams, cold cream, vanishing cream, cleansing cream, skin tonic, astringent, toilet lotions, toilet powders, toilet perfumes, make-up toiletries, manicure toiletries, hairdressing toile- tries, body toiletries, oral hygiene pre- parations, bath salts, beau'y clay, eye wash, headache cologne, powder puffs, absorbent powder puffs, cleansing tissue, shaving cream and soap, in Class 48. Trade Mark No. 5 has been used by the Applicants since 18th. December, 1914, in respect of the following goods :-

Medicated preparations for human use in the treatment of headaches, neuralgia and similar pains resulting from exposure, exhaustion, fatigue, worry, anxiety, insomnia, mental strain, nervous de- pression, car-sickness and sea-sickness, in Class 3.

The Applicants disclaim the right to the exclusive use of the letters "d and r" appearing on Marks Nos. 2 and 3 otherwise than as appearing on the Marks.

Dated the 13th day of May, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(1)

CARPLINE

寶靈

靈

(2)

CROCODILE

BRAND

牌魚鱺

(3)

博黄

灣

in the name of Wong Pok Chai, who claims to to be the proprietor thereof.

Dated the 13th day of May, 1932.

WONG POK CHAI,

No. 231, (1st. floor), Queen's Road West,

Hong Kong, Applicant.

in the name of the said California Fruit Growers Exchange, who claim to be the pro- prietors thereof.

The above Mark has been used by the Ap- plicants in respect of concentrated fruit juices, dried and unconcentrated fruit juice, extracts and flavors used in the manufacture of non- alcoholic beverages, carbonated and non-

carbonated beverages, pectin and solutions and

preparations containing pectin, citrus oils and citrus acid in Class 42 since June, 1928.

The Applicants disclaim the right to the

exclusive use the letter "X."

Dated the 13th day of May, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the Applicants.

(FILE No. 138 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Sing Chow

way Bay, Hong Kong, have on the 26th day

of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

星洲厰

光亮電珠

廠

品牌

in the name of Sing Chow Electric Factory,

who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Flashlight Bulbs in Class 15.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and also of the under- signed.

The applicants disclaim the right to the exclusive

use of the Chinese characters

(光亮電珠)

Dated the 13th day of May, 1932.

SING CHOW ELECTRIC FACTORY, Watson Road, Causeway Bay,

Hong Kong, Applicants.

664

Add

(FILE NO. 134 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Crystal Chemical Company Inc., of Willis Avenue and East 134th Street, New York, U.S.A., have by an application dated the 23rd day of October, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the followingTrade Mark :-

(FILE No. 173 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that Li and Fung

of No. 186, Luk Yee Sam Road, Canton

and of No. 10, Chiu Loong Street, Victoria Hong Kong, on the 20th day of May, 1932,

applied for the registration, in Hong Kong, in

the Register of Trade Marks, of the following Trade Marks, viz :-

TDOOR GIRL

( 1 )

VERY BEST

廣 FLASHLIGHT老

CEEERD

FIRE CRACKERS

BULLDOG

BRAND

MANUFACTURED BY

TO YIU

CANTON, CHINA.

老狗牌電光炮

in the name of the said Crystal Chemical Company Inc., who claim to be the proprietors thereof.

Dated the 13th day of May, 1932.

GEO. K. HALL BRUTTON & CO., Solicitors and Agents for the Applicants.

MADE IN CHINA

(FIL No. 133 of 1932)

W. TRADE MARKS. ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Asiatic Petroleum Company, S. China), Limited, of St. Helens Court, Great St. Helens, London, England, on the 2nd day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

AEROSHELL

(FILE No. 136 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Ming

Metal Works of Nos. 50 to 60, Percival Street, Victoria in the Colony of Hong Kong, have on the 23rd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

WAH

THE MING

METAL

TRADE MARK

WORKS

11⁄2"

LENGTE

(2)

WARRANTED

HIGHEST QUALITY

EXTRA SELECTED FLASHLIGHT

FIRE CRACKERS

GIRAFFE

BRAND

REPORTS

頂靚凈葯快引電光炮

中國廣州道耀厰特製

SOLE

PROPRIETORS

LI & FUNG

CAKTON

MADE IN CHINA BY

TO YIU

CANTON, CHINA.

DO NOT

HOLD IN HAND

AFTER [LIGHTING)

in, the name of the said Asiatic Petroleum Co., (S. China) Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of the following goods

Candles, Common Soap, Detergents, Illuminating, Heating or Lubricating Oils, Matches, and Starch, Blue and other preparations for laundry pur- und on pd poses: in: Class 47. This Mark is to be associated with Trade Mark No. 286 of 1929.

Dated the 13th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

SPOT-LIGHT

in the name of The Ming Wah Metal Works, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8 in respect of Flash- lights or electric torches and flashlight batteries.

The applicants disclaim the right to the exclusive use of the word "Spot-Light".

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 13th day of May, 1932.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central,

Hong Kong.

in the name of the said Li and Fung who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of Fire crackers and fire works in Class 20.

The Applicants disclaim the right to the exclusive use of all the words, figures and characters on the Marks except "Giraffe Brand" and Bulldog Brand respectively, and the name and address of the firm.

Dated the 2nd day of June, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

NOTIC

665

(FILE No. 78 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

TOTICE is hereby given that British Dyestuffs Corporation, Ltd., of Hexagon House, Brackley, Manchester. England, have, on the 7th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of British Dyestuffs Corporation, Ltd., who claim to be the sole proprietors thereof.

A Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 6th day of May, 1932.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),

Half year, Three months,

(do.), (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,..

Each additional line,

Chinese, per Character,

Repetitions,

$18.00

DEACONS,

Solicitors for the Applicants, 1. Des Voeux Road Central,

Hong Kong.

Trade and Shipping Returns for the month of April, 1932.

COMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full 10.00 particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

6.00

$1.001 for 1st $0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not late

than 3 P.M. on Thursdays for insertion ir Friday's issue.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5. Duddell Street.

668

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 257.-The following bills are published for general

information:

C.S.O. 7 in 4299/31.

A BILL

[No. 2:- 14.6.32.-7.]

Short title.

Substitution

INTITULED

An Ordinance to amend the Foreshores and Sea Bed Ordi-

nance, 1901.

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, for Ordinance 1901, is repealed and the following section is substituted

No. 15 of

1901, s. 3.

Power to

leases of foreshore

and sea bed, and to award

in certain

cases.

therefor

3.--(1) It shall be lawful for the Governor to grant grant Crown 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.

669

(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

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 a judge; and the Governor shall 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.

of Ordinance

No. 15 of

Objects and Reasons.

1. The title of the principal Ordinance (No. 15 of 1901) is "An Ordinance to validate Crown leases of foreshore and sub-merged lands for reclamation,

making of such leases".

and to facilitate the

1901, s. 5.

670

2. The Ordinance however contained, in sections 3 and 5, provisoes requiring the consent of lot holders which tended to frustrate that object; especially as the Ordinance contained no provision for compensation.

3. There are many Ordinances, of which the Crown I ands Resumption Ordinance, 1900, and the Harbour of Refuge Ordinance, 1909, are examples, where, subject to provisions relating to the payment of compensation in proper cases, the interests of private lot holders are extinguished or subordinated to the interests of the public.

4. This amending Ordinance therefore repeals the provisoes referred to above and makes provision for com- pensation to persons injuriously affected.

5. Section 2 of this Ordinance substitutes a new section for section 3 of the principal Ordinance. Sub-section (1) of the new section re-enacts the original section as far as the first proviso thereto, except that the words "(renewable on the usual terms) have been added as it is usual for Crown Leases for 75 years to be renewable.

　　　　　　be renewable. Sub-section (8) re-enacts the last paragraph of section 3 of the principal Ordinance.

6. The proviso to sub-section (1) and sub-sections (2), (3), (4), (5) and (6) of the new section 3 are new and give the Governor in Council power to award compensation on the lines of sections 12 and 13 of the Harbour of Refuge Ordinance, No. 39 of 1909.

7. Section 3 of this Ordinance repeals the latter part of section 5 of the principal Ordinance.

June, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O.

671

[No. 20-28.6.32.-8.]

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.

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 Short title. 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.

(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.

Definitions.

10 & 11 Geo. 5. c. 65, Schedule.

Inspectors and their

powers.

1 Edw. 7, c. 22, s. 119.

672

(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 and Assistant Inspectors of Labour, Factories and Workshops.

(2) The Protector and every Inspector shall have the 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 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 Ordinance into

effect.

(3) No person shall obstruct or delay the Protector or any Inspector in the exercise of any of the above powers.

(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

673

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 Regula- to make regulations in respect of industrial undertakings for tions. 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) 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 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 have been made under this Ordinance, and shall be in force

Registra tion.

Penalty and liability for

contraven- tion.

Frocedure.

Presump-

tions.

674

until rescinded or amended by regulations made under this Ordinance.

5.--(1) Every premises or place opened or used as a factory or workshop shall be registered annually at the office 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

6. No place or premises shall be opened or used as a factory or workshop until it has been registered under this Ordinance.

7.-(1) Upon proof before a magistrate of any con- travention of, or attempt to contravene, or failure to comply with, any of the provisions of this Ordinance or of any 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.

(2) 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- 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.

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

675 -

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 Consent. commenced without the consent of the Protector.

11. Ordinances No. 22 of 1922, No. 3 of 1927 and Repeals. No. 24 of 1929 together with all regulations made under those Ordinances are repealed

12. This Ordinance shall come into operation upon such Commence- date as may be fixed by Proclamation of the Governor.

ment.

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.

(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;

() 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.

Applica- tion.

Power to exempt.

Notification

of accidents.

Driving belts.

Machines adjacent

to passage ways.

Dangerous parts of machinery and mill- gearing.

Exposed wheels, etc.

676

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 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 resuits 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.

4.-(1) All driving belts passing through floors shall be securely 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.

(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, druin 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.

677

8. All shafting which runs at a height of less than 6 feet from Shafting. 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 Meaning securely fenced to the satisfaction of the Protector.

of securely

fenced.

10. All fencing must be constantly maintained in an efficient Main- state while the parts required to be fenced are in motion or use, tenance of

connexion with repair, or are necessarily exposed for the purpose of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of fencing. cleaning or lubricating or for altering the gearing or arrangements of the parts of the machine.

except where they are under repair or under examination in efficiency

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

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

factory

workshop

continue

on the premises known as

occupation of

Street and request

that the said premises may be duly registered for such purpose.

Name of the Firm under which

the business is to be carried on.

678

Name of Manager.

Nature of the work to be done.

Nature of moving power (steam, clectricity, 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.

Objects and Reasons.

This Ordinance consolidates and amends the Industrial Employment of Women, Young Persons and Children Ordinances of 1922 and 1929 and the Factory (Accidents) Ordinance, 1927, in the manner indicated in the Table of Correspondence.

June, 1932.

C. G. ALABASTER,

Attorney General.

事

Section

of new Ordinance.

679

TABLE OF CORRESPONDENCE.

Section

of No. 22

of 1922 as amended

by No. 24 of 1929.

Section of No. 3 of 1927.

Remarks.

Combined.

ප

Age of "child" 16 instead of 15. New definition of "Workshop" as distinct from factory. Definition

of "factory" "Industrial under- taking" and "Inspector" made more comprehensive.

definitions unaltered.

Combined-Penal

clause

Other

s.s. 3 omitted to enter by day" omitted-power of entry etc. extended to all industrial undertakings.

Combined. Yew power given to prescribe forms (g), and means of securing hygiene ().

A new provision requiring annual registration of factories and workshops.

Prohibiting opening or use of

unregistered factory or work- shop.

Combined. Liability

pro-

prietor of factory or workshop or industrial undertaking extended to offences in con- nection with the employment of women, young persons and children.

1 1 1

Repeals.

Commencement.

680

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 258. It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Federated Malay States an infected port on account of Cholera as from 1st July, 1932.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 259. It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Straits Settlements an infected port on account of Cholera as from 1st July, 1932.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 260.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by French Indo-China an infected port on account of Cholera as from 2nd July, 1932.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 261.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Philippine Islands an infected port on account of Cholera as from 7th July, 1932.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. S. 262.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Shanghai an infected port on account of Cholera as from 14th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

15th July, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 263.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Japan an infected port on account of Cholera as from 15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

15th July, 1932.

681

COLONIAL SECRETARY'S Department.

No. S. 264.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Philippine Ports.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Notification.

16th April,

1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

11th March, 1932.

No. S. 89.

Straits Settlements.

Port Swettenham

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port

Do.

Swettenham.

29th April, 1932.

No. S. 176.

(F.M.S.)

Netherland Indies.

Hong Kong declared an infected port.

Federated

2nd July, 1932.

No. S. 240.

Malay States.

Straits Settlements.

Hong Kong declared an infected port of account of

cholera.

1st July, 1932.

No. S. 258.

Do.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

Island.

7th July, 1932.

No. S. 261.

14th July,

No. S. 262.

Shanghai.

Do.

1932.

Japan.

Do.

15th July, 1932.

No. S. 263.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

682

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 265.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion.

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July,

1932.

Notification No. 448 of 7th July, 1932.

15th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

PRISON DEPARTMENT.

}

No. S. 266.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of photographic stores to Prison Department will be received at the Colonial Secretary's Office until Noon of Friday, the 29th July, 1932, for the supply of Photographic Stores to the Prison Department for one year from 1st August, 1932 to 31st July, 1933.

Samples of stores may be seen, further information and forms of tender obtained on application at the Prison Department Office, Victoria Gaol.

　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $25 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted.

No tender will be received unless sent in the form required.

The Government does not bind itself to accept the lowest or any tender.

The successful tenderer will be required to sign an agreement and to give security

to the satisfaction of the Government in the sum of $100.

15th July, 1932.

J. W. FRANKS,

Superintendent.

683

DISTRICT OFFICE, SOUTH.

No. S. 267.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 29th day of July, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Contents

Registry No.

Locality.

Upset Crown

Price.

Rent.

acres.

Tsun Wan

Demarcation District

No. 453

Lot No. 1140.

I Pe Chun.

15th July, 1932.

$$3

(about)

2.81

306

2.90

Subject to

readjustment as

provided by the

Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

No. S. 268.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 2nd day of August, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent.. Price.

feet.

feet. feet.

feet.

About

New Kowloon

Between

As per sale plan.

2,286

5,715

Inland Lot No. 1900.

New Kowloon Inland Lots Nos. 1542 and 1742, Fuk Wing Street,

Shamshuipo.

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

15th July, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 12 of 1922.

Notices of Dividend Declared.

Re George Hughes Keeble, of No. 5,

Hau Fung Lane, Hong Kong.

third dividend of $10.00 per cent has A been declared in the above mater

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 18th day of July, 1932, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 9 of 1923.

Re Li Yuk Fong, Linotype-operator of Daily Press Limited, Victoria, in the Colony of Hong Kong.

second and final dividend of $30.00 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at

the Official Receiver's Office, Victoria, aforesaid on the 19th day of July, 1932, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

　　　　queditory applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 7 of 1929.

Re Li Kim alias Li Kwai alias Li Yau (Yun) Kun alias Li Kim Kwai Tong, Clerk, of No. 24, Cheong Lok Street, (2nd floor), Yaumati, in the Depen- dency of Kowloon, and Colony of Hong Kong.

second and final dividend of $13.00 per cent has been declared in the above-

matter.

NOTICE

TOTICE is hereby given that the above

mentioned dividend may be received at. the Official Receiver's Office, Victoria, afore- said, on the 20th day of July, 1932, between the hours of 10 a.m. and 4 p.m. and on any sebsequent day during office hours.

　　　　　　Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the pre- scribed form.

Dated the 15th day of July, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Alfred Douglas Watton late of The Hong Kong and Shang- hai Banking Corporation, Malacca, Straits Settlements, Bank Official, Deceased.

OTICE is hereby given that the Court

has by virtue of the provisions of

Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above

estate to the 8th day of August, 1932.

All creditors and others are accordingly

688

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25 of 1923. Notice is hereby given that Ng Kwai

(E) of No. 6, Cochrane Street, Victoria, in the Colony of Hong Kong, formerly

carrying on business of provision and wine merchant under the style or firm name of Chan

Yuen Lun Kee (振源聯記)

No. 6, Cochrane Street, Victoria aforesaid (hereinafter called "the Transferor") has transferred the said business of the said Chan Yuen Lun Kee together with the goodwill

thereof to Tai Wo Tong () care of

W. Manson and Company, No. 4, Queen's Road Central, (5th floor), Victoria aforesaid (herein-

after call "the Transferee" on the 13th July,

1932.

NOTICE.

pursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Lam

Chun Wai (1) and Chiu Kin Kui () both of Victoria in the Colony

of Hong Kong carrying on business under the style or firm name of The Wo Shing Tseung Firm) otherwise Wo Shing Tseung Fook Kee Firm (

(4) on the 13th July,) and Chiu Pui Cheong

The Transferee intends to carry

on the said business at No. 6, Cochrane Street, Victoria aforesaid under the style or firm name of Chan Yuen Tai Kee() and will

assume all the liabilities incurred in the said business by the Transferor.

Dated the 15th day of July, 1932.

WILKINSON & GRIST, Solicitors for the Transferor

and Transferee.

NOTICE.

pransfer of Business Ordinance No. 25 of N of Section 3 of the Fraudulent

1923. Notice is hereby given that Ng 'I Hon

(伍于瀚) Ng Tsz Yee (伍滋義) and Lui Chi Yuen (1) all of

Victoria in the Colony of Hon: Kong, carry- ing on business under the style or firm name of The Yuen Lung Shing Firm (源隆盛號) at No. 235, Wing Lok

Street, Victoria aforesaid Commission Agents, are desirous of transferring the said business of the said Yuen Lung Shing Firm to Ng

Chung Kwai Li Kam Tong

(李甘棠) and Ng Yuen Yuen (伍源 (2) of the Shun Kee Co., (

(who are the transferees) of No. 46, Bonham

Strand East, Victoria aforesaid on the 8th day

of August, 1932.

The Transferees intend to carry on the said

培昌: (who are the transferees) both of

No. 306, Des Voeux Road Central, Victoria aforesaid on the 8th day of August, 1932. The Transferees intend to carry

Dated the 8th day of July, 1932.

趙建渠

林春偉

PROPRIETORS OF THE

WO SHING TSEUNG FIRM

OTHERWISE WO SHING TSEUNG FOOK KEE FIRM

Transferors,

and

趙培昌

趙志堯

Transferees.

白告項承

効數章權再前人一東啟

卄恐雖四理新舊記頂生中

business at No. 235, Wing Lok Street, Victoria - ·各盖方改承人繼與意環依

aforesaid and will take over the assets and

assume the liabilities incurred by the Transe

ferors in the said business prior to the execu- tion of the sale, as are now inserted and

described in the account books of the said firm.

Dated the Sth day of July, 1932.

雷志遠

伍滋義

伍于瀚

PROPRIETORS OF THR

YUEN LUNG SHING FIRM,

Transferors

and

hereby required to send their claims to the

undersigned on or before that date.

伍源遠李甘棠伍叢桂順記公司

Transferees.

Dated the 15th day of July, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Administrator, Prince's Building,

Ice House Street,

Hong Kong.

年界有形頂理新不德香七未比照進人安營人前輔港月及利常行比一業和决道一十週和營車利經日記議中九一知記業宜和交前承願二二號特新今並記易如受百三登圖後股之有準舖七年報章各日東後按於中十第聲並號起會則揭本生一二明司新改議與數月意號十以理注用公新日十舖比五比免人意比舉人轉入底利條利後陳凡利陳比轕號裝同則和論東與和東利未記記此璧比記璧和易家西第眾簽利並為記請清私餐三股字和改司無於楚貨室段東方記換理涉未任物現事

為交新人交由全各有易圖全易新盤股

(FILE No. 240 OF 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of a Trade Mark.

OTICE is hereby given that Farleigh

Nettheim and Company of No. 80, Clarence Street, Sydney, Australia, have on the 13th day of July, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

- 689

(FILE No. 235 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Sino

German Dispensary of No. 8, Wing Lok Street East. Victoria, in the Colony of Hong Kong, have by an application dated the 7th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

"Young Men's Friend."

(FILE NO. 233 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that the Lee Chong

Loong Firm of No. 62, Connaught Road Central (2nd Floor), Victoria, in the Colony of Hong Kong, on the 4th day of July, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

WORCESTERSHIRE SAUCE TRADE MARK

F.N. & Co.

SOLE LEATHER

(青年萇友)

FOR ROAST MEAT STEAKS CUTLETS CHOPS

FISH CURRIES GRAVIES & GAME Possessing a pecuniar piquancy & from the supe, tony of its taste is more deletally sold than any other sadn

sta hable At all stores Jorers and Warehous

　　in the name of Farleigh Nettheim and Com- pany, who claims to be the sole proprietors

thereof.

　　　　The Horse Trade Mark has not hitherto been used by the applicants, Farleigh Nettheim and Company, but it is their intention so to use it forthwith in respect of Sole leather and leather goods in Class 37.

The applicants disclaim the right to the exclusive use of the words "F. N. & Co."

　　　Representations of the Horse Trade Mark⠀⠀ are deposited for inspection in the Office of the ! Registrar of Trade Marks.

Dated the 15th day of July, 1932.

HIMLY LIMITED,

No. 32, Connaught Road Central, Hong Kong,

Agents for the Applicant.

(FILE No. 207 of 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Chan Oi Chee trading as Tran Duonghy Duong of No. 515, Nathan Road, Kowloon, Hong Kong, has on the 10th day of June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

DUONGHY

TRAN DI

DƯƠNG

商鴨寶冊註堂頤養陳

in the name of Chan Oi Chee trading as Tran Duonghy Duong, who claims to be the pro- prietor thereof.

The Trade Mark is intended to be used forth- with by the applicant in respect of Patent Medicines in Class 3.

　　　　The applicant disclaims the right to the exclusive use of the words "Tran Duonghy Duong.

Representations of the above Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of July, 1932.

CHAN OI CHEE TRADING AS TRAN DUONGHY DUONG,

No. 515, Nathan Road,

Hong Kong, Applicants.

in the name of The Sino German Dispensary, who claim to be the proprietors thereof.

Such Trade Mark has been used by the applicants in respect of Medicines in Class 3 since May, 1932.

A representation of such Trade Mark can be seen in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of July, 1932.

THE SINO GERMAN DISPENSARY, No. 8A, Wing Lok Street East, Hồng hồng Applicants.

(FILE No. 131 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TOWER

BRAND

Lager Beer

BREWED & BOTTLED AT

THE MOSS SIDE BREWERY

MANCHESTER

ENGLAND.

in the name of the said Walker & Homfrays Limited, who claim to be the proprietors there- of.

The above Trade Mark has already been used by the Applicants in respect of beer in Class 43. Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

INDIAN CONDIMENTS

TRADE MARK

GUARANT EED SUPERIOR QUALITY

in the name of the said Lee Chong Loong Firm, who claim to be the proprietors thereof. The Trade Marks are intended to be used by the Applicants in respect of Sauces in Class 42 and Condiments in Class 42 respectively.

Dated the 15th day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 315 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Stanco Incor-

porated, of Wilmington, Delaware, United States of America, Manufacturers and Marketers of Petroleum Specialty Products, have on the 9th. day of September, 1931, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Koto

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 10th. October, 1921, in respect of the following goods :-

Lubricating oil, in Class 47.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

(FILE NO. 148 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Li Yau Chuen of No. 98, Caine Road, Victoria in the Colony of Hong Kong, merchant on the 5th day of May, 1932. applied for the registra- tion in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz :-

690

(FILE No. 164 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

(1)

(2)

DIGESTELIN"

in the name of the said Li Yau Chuen, who

claim to be the proprietor thereof.

The Trade Mark is intended to be used

by the Applicant in respect of proprietary

medicines and particularly in respect of Digestelin "A digestive powder) in Class 3.

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 20th day of May, 1932.

LI YAU CHUEN, No. 98, Caine Road,

Hong Kong, Applicant.

(FILE No. 147 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Leng Hong

who carry on business under the

firm name of Lim Tsz Tong at No. 515, Nathan Road, Kowloon, have on the 5th May, 1932 applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

商標

ROSE

BRAND

味花瑰玫

健审

册

商標

惠多

塔

LIGHTHOUSE BRAND

in the name of Wong San Yin, who claims to be the proprietor thereof.

Dated the 20th day of May, 1932.

WONG SAN YIN,

No. 778, 2nd floor, Nathan Road, Kowloon, Hong Kong.

Applicant.

(FILE No. 186 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Rockne Motors Corporation, a Corporation or- ganized and existing under the laws of the State of Delaware, United States of America, and carrying on business as Manufacturers, with a principal place of business at 635 South Main Street, City of South Bend, County of St. Joseph, State of Indiana, United States of America, have, on the 30th. day of May, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of Leng Hong Lim, who carry on business under the firm name of Lim Tsz Tong, who claim to be the proprietors thereof.

A representation of the Trade Mark is de- posited for inspection in the Office of the Registrar of Trade Marks.

Dated the 20th day of May, 1932.

LENG HONG LIM CARRY ON BUSINESS

UNDER THE FIRM NAME OF

LIM TSZ TONG,

Applicants.

ROCKNE

in the name of Rockne Motors Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th. April, 1932, in respect of the following goods :--

Automotive Vehicles, in Class 22.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building,

Hong Kong.

692

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 269.-It is hereby notified that information has been received from the Chief Quarantine Officer for the Philippine Islands that the restrictions gazetted in Notification No. S. 89 have been removed.

22nd July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No S. 270.-It is hereby notified that information has been received from the United States Public Health Surgeon in Hong Kong to the effect that Hong Kong has been declared by the United States Public Health Service an infected port on account of Cholera.

22nd July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 271.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

22nd July, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July, 1932.

Notification No. 448 of 7th July,

1932.

Notification No. 475 of 18th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

693

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 272.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Date.

16th April, 1924.

30th April,

1926.

Reference to Government Notification.

Bangkok.

Vessels detained at river mouth and passengers and

29th October,

No. S. 301,

crew vaccinated unless they can produce evidence of successful recent vaccination.

1926.

Straits Settlements.

Port Swettenham

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April, 1932.

No. S. 175.

Port

Do.

Swettenham.

(F.M.S.)

Netherland Indies.

29th April, 1932.

No. S. 176.

Hong Kong declared an infected port of account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits Settlements.

Do.

1st July,

1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No. S. 260.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

Shanghai.

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the United States of America, including the Hawaiian Is- lands.

Do.

18th July, 1932.

No. S. 270.

22nd July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

694

PUBLIC WORKS DEPARTMENT.

　　　No. S. 273.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 8th day of August, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents

Annual Upset

Sq. feet.

Rent. Price.

feet. feet. feet.

feet.

About

Inland Lot No. 3509.

Adjoining Inland Lot No. 3159, Yik Yam Street,

As per sale plan.

2.200

12,100

Wong Nei Chong.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

22nd July, 1932.

R. M. HENDErson,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

　　　No. S. 274.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 8th day of August, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in Sq. feet.

Annual Rent.

Upset

Price.

feet.

feet. feet.

feet.

About

New Kowloon

Inland Lot

No. 1664.

Junction of Tai Po Road and Pei Ho Street, Shamshuipo.

As per sale plan.

18,400 338 36,800

　　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

22nd July, 1932.

R. M. HENDErson,

Director of Public Works.

695

PUBLIC WORKS DEPARTMENT.

No. S. 275.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 8th day of August, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

Annual

Registry No.

Locality.

Sale.

in Sq. feet.

Upset

Rent. Price.

feet.

feet. feet. feet.

About

Inland Lot No. 3510.

Adjoining Inland

As per sale plan.

2,380

7,140

Lot No. 2509, Yuen Yuen Street, Wong Nei Chung.

　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

22nd July, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　No. S. 236. The following description and terms of the proposed lease of certain Crown Land at North Point, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in Sq. feet.

Annual Pre-

Rental. mium.

Inland Lot No. 3504.

East of Inland Lot No. 2918, Shaukiwan Road.

As per sale plan.

About

42,000 772

21,000

A plan of the lot, signed by the Director of Public Works, can be seen at the Office of the Public Works Department.

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

matter.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 5 of 1932.

Notices of Dividend Declared.

Re The Pak Sang Tong otherwise known as Pak Sang Tong Cheung Kee firm and Im Siu Wai, the managing partner thereof formerly of No. 134, Bonham Strand East and now at No. 201, Wing Lok Street, (first floor, Victoria, in the Colony of

699

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Receiving Order and First General Meeting of Creditors.

No. 17 of 1932.

Re Carlos Victor Castro, of No. 14, Carloline Road, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

Petition dated the 5th day of July, 1932. Receiving Order dated the 16th day of July, 1932.

Hong Kong, Chinese Medicine NOTICE is hereby given that Thursday,

dealers.

first and final dividend of $10.00 per cent has been declared in the above-

NOTICE is hereby given that the above-

　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 27th day of July, 1932, between the hours of 10 a.m. and 4 pm. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 12 of 1932.

Re William Frederick Gardner, of No. 438, Nathan Road, (second floor), Yaumati. Kowloon.

first dividend of $15.00 per cent has been

A arvu in the above-porter.

NOTICE is hereby given that the above-

　　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 28th day of July, 1932, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 22nd day of July, 1932.

E. L. AGASSIZ,

Official Receiver

the 28th day of July, 193, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 15 of 1932.

Notice of Adjudication and Appointment of Trustee.

Re Tommy James Rew of No. 53, Johnston Road, Victoria. in the Colony of Hong Kong, Clerk.

HE above-named Tommy James Rew was adjudicated Bankrupt on the 16th day of July, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bank- rupt.

Dated the 22nd day of July, 1932.

E. L. AGASSIZ,

Official Receiver,

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfers of Businesses Ordinance, No. 25

of 1923.

Notice is hereby given that Wong Yam Fan

At the First General Meeting, the Creditors() of No. 30. Woosung Street,

will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 16 of 1932.

Yaumati in the Dependency of Kowloon, in the Colony of Hong Kong, carrying on business under the style or firm name of The Tai Ming Sing European Restaurant Sing Kee

Re The Sai Shing Cheong Kee of) (hereinafter

No. 148, Des Voeux Road West, (ground floor), Victoria, in the Colony of Hong Kong, Salt fish Dealers.

Petition dated the 30th day of June, 1932. Receiving Order dated 16th day of July, 1932.

NOTICE is hereby given that Thursday.

28th day of July, 1932, at 11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor firm shall be adjudged bankrupt.

Dated the 22nd day of July, 1932.

E. L. AGASSIZ,

Official Receiver

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given, that Yeung

Tat Yan (A) the Managing

Partner of the Wan Nam Lau Hung Kee Restaurant

of No. 4,

Cochrane Street, Victoria, in the Colony of

REGULATIONS OF HONG KONG Hong Kong (hereinafter called "the Transferor")

1844-1925

NOTER-UP

(to end of 1931)

Copies may

be obtained at

the Colonial Secretary's Office

Price: $1.00

is desirous of transferring the said business of the said Wan Nam Lau Hung Kee Restaurant to the Hop Chung Tong (A) of No. 128. Apliu Street, Shamshuipo, Kowloon in the Colony of Hong Kong (hereinafter called the Transferee ") on the 23rd day of August, 1932. The Transferee will not assume the liabilities in incurred by the Transferor in the said business.

Dated this 22nd day of July, 1932.

(YEUNG TAT YAN)

楊達人

Transferor

(HOP CHÚNG TONG)

合眾堂

Transferee.

called the Transferor) has agreed to transfer

to Wong Sing Yee Tong (黃義堂)

acting by its representative Wong Ying (H) of No. 51, Bonham Strand East, Victoria in the Colony of Hong Kong (herein- after called the Transferee), All That the Transferor's business of the said Tai Ming Sing European Restaurant Sing Kee together with the goodwill thereof.

On completion of the above transfer on the 22nd day of August, 1932, the Transferee in- tends to carry on the business at No. 30, Woo- sung Street, Yaumati aforesaid under the same firm name, and will not assume the liabilities incurred in the business by the Transferor prior to the 22nd day of August, 1932. Dated the 22nd day of July, 1932.

C. Y. KWAN, Solicitor for the parties.

In the Matter of The Companies Ordi-

nance 1911-1921,

and

In the Matter of Maison Marnac Limited.

PURSUA

In Liquidation.

URSUANT to Section 181 of the Campanies Ordinance 1911, notice is hereby given that a meeting of creditors of the abovenamed Company will be held at the offices of Messrs. Percy Smith, Seth & Fleming, 6 Des Vœux Road Central. Hong Kong, at 12 noon on Tuesday, 2nd August, 1932.

At this meeting the Creditors will be asked to determine whether an application shall be made to the Court or the appointment of any person as Liquidator in the place of or jointly with myself the Liquidator appointed by the Company, or for the appointment of a Com- mittee of inspection.

Notice is also hereby given that the Creditors of the aboven med Company are required,.on or before the 31st August, 1932, to send in their names and addresses and particulars of their debts or claims, and the names and addresses of their Solicitors if any) to Sydney Hampden Ross of Messrs. Percy Smith, Seth & Fleming, the Liquidator of the Company; and, if so required by notice in writing from the Liquidator, are by their Solicitors or personally, to come in and prove their debts or claims, at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 22nd day of July, 1932.

S. HAMPDEN ROSS, Liquidator.

700

(FILE No. 228 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE in die Province of Kwon, Tung, in the Republic TOTICE is hereby given that the Chung Wah Factory of No. 38, Mai Fau of China, also carrying on business at No. 84, Ko Shing Street, Victoria, in the Colony of Hong Kong, have on the 2nd. day of June, 1932, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely:-

(FILE NO. 241 OF 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that A. C.

Wilson and Company of China Build- ing, (6th. floor), Victoria, in the Colony of Hong Kong, have on the 11th. and 12th. days of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Tade Mark, viz:-

TRADE

MARK

淓製室中

牙茶上

CHUNGWAH FACTORY

TOOTH PICKS

TRADE

MARK

in the name of the said Chung Wah Factory, who claim to be the proprietors thereof

　　　　　　　The Trade Mark is intended to be used by the applicants in Class 50 in respect of Tooth Picks.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of July, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong.

(FILE NO. 239 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that the Colgate-Palmolive-Peet Company, a corporation organized under the laws of the State of Delaware, having its principal office at 919 North Michigan Avenue, Chicago, Illinois, have on the 9th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of th said A. C. Wilson and Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in classes 39 and 49 in respect of paper and stationery (excluding cigarette paper) and games of all kinds and sporting articles not included in other classes res- pectively.

The applicants disclaim the right to the exclusive use of the letter "W" in the said Mark.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark and of the undersigned.

Dated the 22nd day of July, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong,

(FILE No. 259 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Cathay

Match Company, Limited, of 1, Kiukiang

Road, Shanghai, have, on the 9th. day of May, 1932, applied for the registration, in Hong Kong,

in the Register of Trade Marks, of the following Trade Mark, viz :-

造製國美

MADE IN THE U.S.A.

COLGATE -

PALMOLIVE

PALMOLIVE -PEET CO.

CHICAGO. U.S.A.

FINE

TOILET SOAP

皂香欖粽

MADE IN THE U.S.A.

造製國美

in the name of Colgate-Palmolive-Peet Company, who claim to be the pro-

prietors thereof.

　　　　　　　　The above Trade Mark has already been used by the Applicants since 1923, in respect of Toilet Soap in Class 48.

The above Mark is associated with Trade Marks Nos. 97 to 100 of 1930. The application is limited to the colours shown on the specimen of the mark attached to the application.

　　　　　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks ond of the undersigned.

Dated the 22nd day of July, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

民光公司

牌完全安

頂上必紫

THE CATHAY MATCH COMPANY

in the name of the Cathay Match Co., Ltd.,

who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of Matches in Class 47 forthwith. The Trade Mark is associated with Trade Marks Nos. 226 of 1924, 44 of 1926 and 57 of 1929.

Dated the 22nd day of July, 1932.

H. A. PEARSON, Agent for the Applicants,

Asiatic Building,

Hong Kong.

701

(FILE No. 123 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Autorist S. A. Autorist Limited, a company organised under the laws of Switzerland, of 39 Perolles, Fribourg, Switzerland, have on the 13th day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

AUTORIST

(FILE No. 237 of 1932) TRADE MARKS ORDINANCE, 1909.

N°

Application for Registration of

Four Trade Marks.

OTICE is hereby given that Kwong Wing

Shing of No. 193, (First Floor), Des Voeux Road West, Hong Kong, Firecracker Merchants, have on the 9th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade

Marks:-

(1)

乳聲榮廣隆

KWONG WING SHING

廣榮聲

(2)

in the name of Autorist S. A. Autorist Limited, who claim to be the sole proprietors thereof.

　　　　　The Trade Mark has been used by the Applicants in respect of self- winding wristlet watches in Class 10.

　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of July, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

埌坎赤湾廣

(3)

LONG WI

FOIL VŠA ŠOLA

EMAILAN

LUSHAY C ONG ROLLMETA

LA RABAT

SOLD

PELAMONGAN

Jer sh

BATAVIA

KSTJE

(4)

#*#*

DRAMAS OF JAVA

Lg at al

MAP LIGN PROBOLINGG ENCHE CHE P MADIOS M

SONG THE LONGAN DE UN

NOTICE.

IN pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Ng 'I Hon

(伍于瀚) Ng Tsz Yee (伍滋義) and Lui Chi Yuen (A) all of

Victoria in the Colony of Hong Kong, carry- ing on business under the style or firm name of The Yuen Lung Shing Firm

() at No. 235, Wing Lok (源隆盛號) Street, Victoria aforesaid Commission Agents,

are desirous of transferring the said business

NOTICE.

pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Lam

VREKOJARA

in the name of Kwong Wing Shing, who claim to be the proprietors thereof.

Trade Marks Nos. (1), (2) and (3) have been used by the applicants in respect of Firecrakers in Class 20. Trade Mark No. (4) is intended to be used forthwith by the applicants in

Chun Wai (林春偉) and Chiu Kin Kni (#4) both of Victoria in the Colony respect of Firecrackers in Class 20.

of Hong Kong carrying on business under the style or firm name of The Wo Shing Tseung

Firm(和盛祥號) otherwise Wo Shing

Tseung Fook Kee Firm (AE

of the said Yuen Lung Shing Firm to Ng at No. 7, Morris m Street, Victoria,

Chung Kwai (1) Li Kam Tong

aforesaid, dealers in preserved fruits, are

desirous of transferring the said busines of the

() and Ng Yuen Yuen (said Wo Shing Tsung Firm otherwise Wo

Shing Tseung Fook Kee Firm to Chiu Chi Yew

遠) of the Shun Kee Co., (順記公司)(趙志堯) and Chin Pui Cheong (趙

(who are the transferees) of No. 46, Bonham

Strand East, Victoria aforesaid on the 8th day) (who are the transferees) both of of August, 1932.

Dated the 8th day of July, 1932.

雷志遠

伍滋義

伍于瀚

PROPRIETORS OF THE

YUEN LUNG SHING FIRM,

Transferors

and

伍源遠

李甘棠

伍叢桂

順記公司

Transferees.

No. 306, Des Voeux Road Central, Victoria aforesaid on the 8th day of August, 1932.

The Transferees intend to carry

Dated the 8th day of July, 1932.

趙建渠

林春偉

PROPRIETORS OF THE

WO SHING TSEUNG FIRM

OTHERWISE WO SHING TSEUNG

FOOK KEE FIRM

Transferors,

and

趙培昌

趙志堯

Transferees.

Dated the 22nd day of July, 1932.

KWONG WING SHING, No. 193, First Floor, Des Voeux Road West,

Hong Kong, Applicants.

(FIL No. 236 of 1932)

TRADE MARK ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Dunlop Rubber Company, Limited, of Fort Dunlop, Erdington, Birmingham, England, on the 27th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

MAXPLY

in the name of the said Dunlop Rubber Company, Limited, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Rackets for Tennis and Badminton in Class 49.

Dated the 22nd day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 191 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Butterfly Company, ( 畢打廠又名 HEAD) of No. 149, Lockhart

BUTT

702

(FILE NO. 188 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

NOTICE is hereby given that the Wing l'ai Hing of No. 32, Wing Lok Street (First floor), Victoria in the Colony of Hong Kong,

have on the 31st day of May, 1932, applied for the_registration in Hong Kong in the Register of Trade Marks, of the following Trade

Marks-

MOTOR-CAR

TIGER BRAND

SRAND

̇鹎根好虎猛

(FILE No. 187 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Solar Electrical & Manufacturing Company of China Building, Victoria, in the Colony of Hong Kong, have on the 30th day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

册

---

註

TRADE

(MARK)

QUICK

WHITE

*****

　　　　　in the name of The Butterfly Company, who claim to be the Proprietors thereof.

　　　　　　　　The Trade Mark is intended to be used forth- with in Class 50 in respect of Hat and shoe white fluid.

　　　　　　It is hereby stated tha the applicants dis- claim the right to the exclusive use of the words "Quick White."

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of June, 1932.

LO AND LO,

Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central, Hong Kong,

(FILE NO. 162 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Shing

Tai Chan Hop Kee Firm (Ji★†

of No. 170, Wing Lok Street West, (ground floor), Victoria in the Colony of Hong Kong, have on the 10th day of May. 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Tarde Mark :

棧大成

惧諸府向起

君註中

光册

由

FLOUR MERCHANTS

裝選興泰永

ENG YATNING

FLOUR MERCHANTS.

in the name of the Wing Tai Hing, who claim to be the proprietors thereof.

The Trade Marks has not hitherto been used by my firm but it is our intention to use same forthwith in respect of flour in Class 42.

Facsimiles of the above Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WING TAI HING, No. 32, Wing Lok Street, First floor, Hong Kong.

(FILE No. 208 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Wah Loong of Kowloon Inland Lot No. 1928, Bedford Street, Tai Kok Tsui, Kowloon, Hong Kong, Manufacturers of Preserved Ginger and Sweet- meats, have on the 10th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

*EE KUN

WAH LOONS SINGER

CHINESE GATE

REGD.

註册

標

商

in the name of the Solar Electrical & Manu- facturing Company, who claim to be the pro- prietors thereof.

The above Trade Mark has not hitherto been used by the Applicants, but it is their intention so to use it forthwith in respect of the following goods:-

Glass in Class 15 and Metal Goods and

Corkscrews in Class 13.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WOO AND NASH, Solicitors for the Applicants, No. 4, Queen's Road Central, Hong Kong.

(FILE No. 146 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

1 OTICE is hereby given that Chung Kwok Li Cheong Linseed-oil Company

中國灃昌魚油公司) of No. 10,

Queen's Road Central, (2nd floor), Victoria in the Colony of Hong Kong, have, on the 3rd day of May, 1932, applied for registration in Hong Kong, of the accompany Trade Mark:-

標商嘜象

香天明

港津福

鶴明橘磔商標彦

魔不

【刺近

　　　　　　in the name of the Shing Tai Chan Hop Kee Firm, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark has been used by the Applicants for over 4 years in Class 42 in respect of preserved vegetables.

　　　　　　　Facsimiles of the above Marx can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

坊牌

SINHONG KONG CHINA

MADE IN HONG

in the name of Wah Loong, who claim to be the proprietors th reof.

The Trade Mark has not hitherto been used by the applicants but it is their intended so to use it forthwith in respect of Preserved ginger and preserved fruits in Class 42.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of June, 1932.

WAH LOONG,

K.I L. No. 1928, Bedford Street,

Tai Kok Tsui, Kowloon, Hong Kong, Applicants.

in the name of the said Chung Kwok Li Cheong Linseed oil Company, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of oils in Class 4.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

703

(FILE No. 170 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that Sin Chee

(FILE No. 166 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a. Trade Mark.

TOTICE is hereby given that Min Ngai Street, Taikoktsui, Hong Kong, have on the Kuitting Co., of No. 32, Fook Chuen 14th day of May, 1931, applied for registration in Hong Kong of the accompanying Trade Mark in Class 38 in respect of socks, stockings, singlets, shirts and all other knitted articles of clothing: -

(1)

VIOLIN

BRAND

牌鈴梵

(2)

牌禄福

品出

業纖藝棉

in the name of the said Min Ngai Knitting Co.,

who claim to be the proprietors thereof.

The above Trade Mark has been used by the

applicants in respect of the goods mentioned

in their application since February, 1932.

Facsimiles of the Mark may be seen at the

offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of June, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong.

風車牌

牌船帆

(3)

in the name of Si Chee Knitting Company who claim to be the proprietors thereof.

Trade Mark No. 1 has been used by the Trade Marks Nos. 2 and 3 are intended to be

applicants in respect of Singlets in Class 38.1

used forthwith by the applicants in respect of Singlets and Hosiery in Class 38.

Dated the 24th day of June, 1932.

SIC CHEE KNITTING CO.,

No. 9, Maple Street, Shamshuipo,

Kowloon, Hong Kong, Applicants.

白告項承

民効數章權再前人一東啓國誠目為辦者與和切因者什恐雖四理新舊記頂生中違一各盖方改承人繼與意環依年界有形組頂理續新不德香七未比照進人安營人前輔港月及利常行比一業和决道- 十週和營車利經日記議中九一知記業宜和交前承願二二號特新今並記易如受百三登圖後股之有準舖七年報章各東後按於中十第聲並號起會則揭本生一二明司新改議與數月號十以理注用公新]十舖比五比人意比舉人轇入底利條利後陳凡利陳比轕號裝同則和論東與和東利未記例記此璧比記璧和易家西第眾簽利並為記請清私餐三股字和改司無於楚貨室段東方記換理涉未任物現事公交新人交由全各啓有易圖全易新盤股

Printed and Published by NORONHA & Co.. Printars to the Hong Kane N

706

LEGISLATIVE COUNCIL.

Draft Bill.

No. S 276.-The following bill is published for general information :-

C.S.O. 7 in 1259/21.

A BILL

[No. 32:-28.7.32.-3.]

Short title.

Fixing minimum wages in certain

cases.

Ordinance No. 13 of 1886.

Penalty for payment of less than minimum wage

Rules for

Min mum Wage Board.

INTITULED

An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.

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- ment 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.

Objects and Reasons.

Legislation on the lines of this Ordinance has been suggested by the Secretary of State, in his circular despatch of the 30th March, 1932, in order to carry out the obligations. arising from Article 421 of the Treaty of Versailles in respect of the International Labour Convention concerning the creation of minimum wage fixing machinery.

C. G. ALABASTER,

;

July, 1932.

Attorney General.

拿

707

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 277.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Date.

16th April,

1924.

30th April,

1926.

Reference to Government Notification.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

No. S. 301.

1926.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March, 1932.

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals. from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port

Do.

Swettenham.

29th April,

No. S. 176.

1932.

(F.M.S.)

Netherland Indies.

Federated

Hong Kong declared an infected port of account of

cholera.

2nd July, 1932.

No. S. 240.

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits Settlements.

Do.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

Islands.

7th July, 1932.

No. S. 261.

Shanghai.

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the Hawaiian Is-

lands.

29th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

708

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 278.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

29th July, 1932.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July,

1932.

Notification

No. 447 of 6th July, 1932.

Notification No. 448 of 7th July, 1932.

Notification:

No. 475 of 18th July, 1932.

E. R. HALLIFAX,

Colonial Secretary.

66.

PUBLIC WORKS DEPARTMENT.

　　　　No. S. 279.-It is hereby notified that sealed tenders in triplicate which should be clearly marked Tenders for the Construction of an Access Road, Shing Mun Valley", will be received at the Colonial Secretary's Office until Noon of Monday, the 15th day of August, 1932. The work consists of the construction of an Access Road approximate one mile in length between Pineapple Pass and the proposed Gorge Dam. The road forms an extension of the existing Access Road between Tsun Wan and Pine- apple Pass.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

29th July, 1932.

R. M. HENDErson,

Director of Public Works

709

PUBLIC WORKS DEPARTMENT.

　No. S. 280.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for. Extension to Kowloon Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 15th day of August, 1932. The work consists of site preparation and the erection of an additional Ward Block, a Block of Nurses Quarters, and a House for a Medical Officer.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

29th July, 1932.

R. M. HENDERSON,

Director of Public Works.

DISTRICT OFFice, South.

　No. S. 281.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 12th day of August, 1932.

　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset

Crown

Price.

Rent

Lantao Island Demarcation District

No. 302.

Lot No. 331.

Tai O.

750

Subject to

readjustment as

provided by the Conditions of Sale.

29th July, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

710

PUBLIC WORKS DEPARTMENT.

No. S. 282.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 15th day of August, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No. of

Boundary Measurements.

Registry No.

Locality.

Contents Annual Upset

Sale.

sq. feet.

Rental. Price.

feet.

feet. feet.

feet.

About

Kowloon Inland Lot

Adjoining

As per sale plan.

4,845

12,113

Kowloon Inland Lot

No. 2979.

No. 2561, Mong Kok.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

29th July, 1932.

R. M HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in

Annual Pre-

Sq. feet.

Rental. mium.

About

Inland Lot No. 3504.

East of Inland Lot No. 2918, Shaukiwan Road.

As per sale plan.

42,000

772

21,000

A plan of the lot, signed by the Director of Public Works, can be seen at the Office

of the Public Works Department.

714

ཟ -

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 13 of 1932.

Notices of Dividend Declared.

Re Julius Holm, of No. 298, Lockhart Road, top floor), Victoria, in the Colony of Hong Kong, Clerk.

first dividend of $14.00 per cent has been

A of

per ce

NOTICE is hereby given that the above-

　　　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 3rd day of August, 1932, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 14 of 1932.

Re Wong Wing Yuet, of No. 24, Stanley Street, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

first dividend of $29.00 per cent has been

A declared in the above-matter.

NOTICE is hereby given that the above-

　　　　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 4th day of August, 1932, between the hours of 10 a.m. and 4 p.m. and on any sub- sequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 29th day of July,

1932.

E. L. AGASSIZ,

Official Receiver

THE HONGKONG LAND INVEST- MENT AND AGENCY CO., LTD.

N Interim Dividend of Two Dollars per

AN Divic six months ending 30th June, 1932, will be payable on Friday, 12th August, on which date Dividend Warrants

may be obtained on application at the Com- pany's Offices, 3 Chater Road.

Notice is hereby given that the Register of Shares of the Company will be closed from Tuesday the 2nd August to Thursday the 11th August (both days inclusive), during which period no transfer of shares can be registered.

By Order of the Board of Directors.

L. S. GREENHILL, Secretary.

Hong Kong, 29th July, 1932.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of John Wedge Williams

late of No. 14, Morrison Gap Road,

Victoria, Colony of Hong Kong, Marine Engineer, deceased.

OTICE is hereby given that the Court has by virtue of the Provisions of Section

58 of Ordinance No. 2 of 1897, made an Order

limiting the time for creditors and others to

send in their claims against the above estate to

22nd day of August, 1932.

All Creditors and others are accordingly

hereby required to send their claims to the undersigned on or before that date.

Date the 29th day of July,

1932.

WILKINSON & GIRST,

Solicitors for the Administrator.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

House,

In the Goods of Edmund Hornby

Grimani late of White Auckland Road West in the City of Portsmouth in the County of Hants formerly of Beulah Spa Hotel Beulah Hill Upper Norwood in the County of Surrey, Gentle- man, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of Probate Ordinance No. 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to the 24th day of August, 1932.

NOTICE.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Lam

Chun Wai (✯✯) and Chiu Kin Kui () both of Victoria in the Colony

of Hong Kong carrying on business under the style or firm name of The Wo Shing Tseung Firm

otherwise Wo Shing

Tseung Fook Kee Firm(和盛祥福

(趙志堯) and Chiu Pui Cheong (趙

All creditors and others are accordingly) hereby required to send their claims to the) (who are the transferees) both of

undersigned on or before that date.

Dated the 29th day of July, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building,

Ice House Street,

Hong Kong.

NOTICE.

IN pursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given that Ng 'I Hon

(伍于瀚) Ng Tsz Yee (伍滋義) and Lui Chi Yuen (T) all of

Victoria in the Colony of Hong Kong, carry- ing on business under the style or firm name of The Yuen Lung Shing Firm ) at No. 235, Wing Lok

Street, Victoria aforesaid Commission Agents, are desirous of transferring the said business of the said Yuen Lung Shing Firm to Ng

Chung Kwai (

Li Kam Tong

() and Ng Yuen Yuen (11 (李甘棠)

of the Shun Kee Co., (RA)

(who are the transferees) of No. 46, Bonham

Strand East, Victoria aforesaid on the 8th day of August, 1932.

The Transferees intend to carry on the said business at No. 235, Wing Lok Street, Victoria

aforesaid and will take over the assets and

assume the liabilities incurred by the Trans- ferors in the said business prior to the execu-

tion of the sale, as are now inserted and

described in the account books of the said firm.

Dated the 8th day of July, 1932.

雷志遠

伍滋義

伍于瀚

PROPRIETORS OF THE

YUEN LUNG SHING FIRM,

Transferors

and

伍源遠李甘棠伍叢桂順記公司

Transferees.

No. 306, Des Voeux Road Central, Victoria aforesaid on the 8th day of August, 1932.

The Transferees intend to carry

Dated the 8th day of July, 1932.

趙建渠

林春偉

PROPRIETORS OF THE

WO SHING TSEUNG FIRM

OTHERWISE WO SHING TSEUNG FOOK KEE FIRM

Transferors,

and

趙培昌趙志堯

Transferees.

白告項承

*-** IS***

什恐雖四理新舊記頂生中

·各盖方改承人繼與意環依年界有形頂理續新不德香七未比照進人安營人前輔港月及利常行比一業和决道一十週和營事利經日記議中九一知記業宜和交前承願二號特新今並記易如受百三登圖後股之有準舖七年報章各日東後按於中十第聲並號起會則揭本生一二明司新改議與數月意號十以理注用公新目十舖比五比免人意比舉人轇入底利條利後陳凡利陳比轕號裝同則和論東與和東利未記記此璧比記璧和安易傢西第眾簽利並記請清私三股字和改司無於楚貨室段東方記換理涉未任物事公為交新人交由全各有易圖全易新盤股

715

(FILE No. 258 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 257 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Vit-Alexin

(China) Ltd., of Union Building, Victoria,

NOTICE is hereby given that British Cigarette Co., Ltd., whose registered in the Colony of Hong Kong, have on the

　　　　office is situated at 6, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 16th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

10 CIGARETTES

AI CHING

Cigarettes

10 CIGARETTES

牌卿愛

CIGARETTES

BRITISH CIGARETTE CA L

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45.

The above Trade Mark is associated with Trade Mark No. 160, of 1897.

20th day of July, 1932, applied for registration in Hong Kong of the accompanying Trade Mark:-

'VIT-ALEXIN"

in the name of the said Vit-Alexin (China) Ltd., who claim to be the proprietors thereof.

The above Trade Mark has already been used

by the Applicants in respect of Patent Medicine in Class 3.

Facsimiles of the Mark may be seen at the

offices of the Registrar of Trade Marks and of the undersigned.

Dated the 27th day of July, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

(FILE No. 194 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

Representations of the Trade Mark are deposited for inspection in the NOTIOg Firm of No. 6, Kwong Yuen

office of the Registrar of Trade Marks.

Dated the 29th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road Central,

Attorney.

is hereby given that Wah Shing

Street East, Hong Kong, Merchants, have on the 9th day of June, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(FILE No. 232 of 1932, TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

TOTICE is hereby given that Sui Hing Knitting Factory of No. 152, Fook Wing

Street, Shamshuipo, Kowloon, Hong Kong,

(FILE No. 222 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Knitting Manufacturers, have on the 4th day of NOTICE is hereby given that Callender's

July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

AIR SHIP

Cable & Construction Co., Ltd., of Hamilton House, Victoria Embankment, Lon- don, E.C. 4, on the 21st day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

TRADE

MARK

KALEECO

商

標

***

財

TRADE FARK

( 2 )

牌陛高

in the name of Sui Hing Knitting Factory, who claim to be the proprietors thereof.

Such Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 29th day of July, 1932.

SUI HING KNITTING FACTORY, No. 152, Fook Wing Street,

Shamshuipo,

Hong Kong, Applicants.

in the name of the said Callender's Cable & Construction Co, Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Electric cables in Class 8 and Wire insulated or sheathed with india- rubber and used for electrical purposes in Class 40.

Dated the 30th day of June, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

in the name of Wah Cheong Shing Firm, who claim to be the proprietors thereof.

Dated the 30th day of June, 1932.

WAH CHEONG SHING FIRM, No. 6, Kwong Yuen Street East,

Hong Kong, Applicants.

(File No. 262 of 1932) TRADE MARKS ORDINANCE, 1909 Application for Registration of a Trade Mark.

NOTICE is hereby given that Tai Tak

Company of (2nd floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

716

(FILE NO. 263 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Thomas.

Dispensary of No. 121, Third Floor), Hennessy Road, Wanchai, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE No. 260 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Sam Wo Hing and Company, Limited of No. 21, Queen Street, Victoria, in the Colony of Hong Kong, have on the 20th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(2)

(1)

天來吧

綠十字

巴士蓮

　　　　　　in the name of Tai Tak Company, who claim to be the proprieters thereof.

　　　　　　　　　The above Trade Mark is intended to be used forthwith by Tai Tak Company in respect of Chemical substances prepared for use in medicine and pharmacy in class 3.

Representations of the above Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

ΤΑΙ ΤΑΚ COMPANY,

2nd floor, Bank of Canton Building, 6, Des Vœux Road Central,

Hong Kong, Applicants.

(FILE NO. 223 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Fu Kwong Kee Firm of No. 159, Des Voeux Road Central (Ground floor), Victoria, in the Colony of Hong Kong, have on the 23rd day of June, 1932. applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the Fu Kwong Kee Firm, who claim to be the proprietors thereof.

　　　　　　The Trade Mark has been used by the ap- plicants since the year 1931, in class 3 in respect of Medicine (Anti Opium Mixture)

　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of July, 1932.

THE FU KWONG KEE FIRM,

159, Des Voeux Road Central,

(Ground Floor), Hong Kong, Applicants.

in the name of The Thomas Dispensary, who

claim to be the proprietors thereof.

The above Trade Mark has been used by The Thomas Dispensasy in respect of Medicine in Class 3 since the last seven years.

Representations of the above Trade Mark are deposited for inspection in the Offices of of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

THE THOMAS DISPENSARY, No 121, Third Floor, Hennessy Road, Hong Kong, Applicants.

(FILE No. 212 of 1922)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Edward

Wheen & Sons, Ltd., of No. 5, Queen's Road, (2nd floor), Banque de l'Indo Chine Building, Victoria, in the Colony of Hong Kong, have on the 20th June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of one Trade Mark :-

481+

In Book Bras

in the name of Sam Wo Hing & Company, Limited, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food.

Facsimile of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th of July, 1932.

RÚSS & CO., Solicitors for the Applicants. 6, Des Voeux Rood Central, Hong Kong.

(FILE No. 250 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a. Trade Mark.

NOTICE is hereby given that the Kiu

Foo Chemical Manufacturing Company, Limited of No. 14, Burkill Road, Shanghai. in the Republic of China, have on the 9th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of

the following Trade Mark namely:--

多力補

BLANDOL

in the name of the said Kiu. Foo Chemical Manufacturing Company, Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in class 3 in respect of Chemical substances prepared for use in medicine and surgery and particularly in respect of a cod liver oil compound.

The applicants disclaim the right to the exclusive use of the Chinese characters

in the name of said Edward Wheen & Sons, Ltd., who claim to be the proprietors thereof.

The Trade Mark is to be used by the ap-), in the said mark. plicants in respect of Cotton piece goods of all kinds in Class No. 24, and in Class No. 34 in respect of Cloths and stuffs of Wool, Worsted and Hair.

Dated the 30th day of June, 1932.

EDWARD WHEEN & SONS, LTD., R. W. LEE-JONES,

Manager.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of July, 1932.

A. E. HALL & COMPANY, Solicitors for the Applicants, Pedder Building, Hong Kong.

717

(FILE No. 221 OF 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Registration of

Trade Marks.

NOTICE is hereby given 125,

Knitting Factory of No. 129, Kweilin

(1)

(FILE No. 180 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NTCganised under the laws of France of 8, rue Vivienne, Paris, France, NOTICE

OTICE hereby given that Establissements Rigaud, societe anonyme

have on the 12th day of April, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :-

CIRCLE &

SQUARE

ייזיז

<牌矩規

敬造織美|

(2)

敬造織美ミ

台炮三

(3)

厰造織美ミ

in the name of the said Establissements Rigaud, who claim to be the pro- prietors thereof.

The above Trade Mark has already been used by the Applicants in

respect of Pharmaceutical preparation for human use in Class 3.

Facsimiles of the mark may be seen at the offices of the Registrar of

Trade Marks and of the undersigned.

Dated this 30th day of June, 1931.

TRADE MAR

孖鎖牌

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

(4)

廠造織美三

嘜筒三

(5)

廠造織美

上線

100 衫

100

至尊牌

in the name of Sammy Knitting Factory, who claim to be the proprietors thereof.

The above Marks have not hitherto been used but are intended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38. Mark No. 2 will exclude boots and shoes.

Dated the 30th day of June, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

(FILE No. 184 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Standard Oil

Company of New Jersey, of Wilmington,

Delaware, United States of America, Manufac- turers and Marketers of petroleum products, have on the 28th. day of May, 1932, applied

for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ESSOLUBE

Refined, semi-refined, and unrefined oils made from petroleum, both with and without admixture of animal, vegetable, or mineral substances, for illuminating, burning, power, motor fuel, and lubricating pur- poses, and greases, in Class 47. The Trade Mark is associated with Trade Mark No. 160 of 1928.

Dated the 30th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building, Hong Kong

(FILE No. 439 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chung Wo Knitting Company of Nos. 12, 14 and 16, Fook Chuen Street, Taikoktsui, Kowloon, Hong Kong, have on the 30th day of December, 1931, applied for the registration in Hong Kong, the Register of Trade Marks, of the following Trade Mark :-

牌鏡

in the name of Chung Wo Knitting Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Singlets and Hosiery in Class 38.

Dated the 30th day of June, 1932.

CHUNG WO KNITTING COMPANY, Nos. 12, 14, & 16, Fook Chuen Street, Taikoktsui, Kowloon,

Hong Kong,

Amuliaanta

718

(FILES Nos. 168 AND 167 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE

[OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft, of Frankfort-on-Main, Germany, Manufacturers, have, on the 14th and 15th days of March, 1932, respectively, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

(1)

"Coffeminal"

(2)

Agfacolor

矮

(FILE No. 98 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Bo Yuen Firm of No. 43, Yen Chow Street, (1st Floor), Shamshuipo in the Colony of Hong Kong, on the 30th day of March, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

天

然顔色

in the name of I. G. Farbenindustrie Aktiengesellschaft, who claim to be the sole proprietors thereof.

Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of :·

Chemical Substances prepared for use in medicine and pharmacy

in Class 3.

Trade Mark No. 2 has been used by the Applicants since March, 1932 in respect of :-

Photographic plates and photographic films sensitized in Class 1. Trade Mark No. 2 is to be associated with Trade Marks Nos. 382 to 387 and 404 of 1924, and No. 41 of 1930.

in the name of the said Bo Yuen Firm, who

claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants in respect of :-

Bean cakes to be used as fertiliser in

Class 2.

Dated the 27th day of May, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 165 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

is hereby given that Henry Graye

Facsimiles of such Trade Marks can be seen at the offices of the. NOTICE, ben's Road Central, Victoria, in

Registrar of Trade Marks and of the undersigned.

Dated the 27th day of May, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central, Hong Kong.

the Colony of Hong Kong, has on the 14th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

GRAYE BLOG?

明聲股退

申登槪範十坤頂已因模啓年報與鑄七二與名志範者 BREARTH

ORDINANCES FOR 1931.

OUND volumes of Ordinances of B

Hong Kong, including Pro- clamations, Regulations, and Orders, A in Conncil, Statutes, Commissions etc., for the year 1931, are now ready. 人廿此無生易受人佔業廠江李三佈涉意日准黃之願股前 Price per volume: $ 5

工日特盈後七成股份佔

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　NORONHA & CO. 啓此虧模月黃份自今有

5, Duddell Street.

WET MIX-WET STRIP PROCESS

in the name of the said Henry Graye, who claims to be the proprietor thereof.

The Trade Mark has not hitherto been used by the applicant but it is his intention so to use it forthwith in respect of Concrete Building Blocks in Class 17.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of May, 1932.

HENRY GRAYE,

5, Queen's Road Central, Hong Kong, Applicants.

(FILE No. 172 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Hang

* 1996 11: PAPROTS

719

(FILE No. 220 of 1932)

TRADE MARKS ORDINANCE, 1909.

No1

Application for Registration of

a Trade Mark.

OTICE is hereby given that I. G. Farbenindustrie Aktiengesellschaft of Gruneburgplatz, Frankfurt a. M. Germany, Manufacturers, have on the 22nd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

Isochrom

迅速分色片

in the name of The Hang Lung Firm, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 20 in respect of:

Explosive substances such

as gun-

powder, guncotton, dynamite, fog- signals, percussion caps, fireworks, fire-crackers and cartridges.

Facsimile of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 27th day of May, 1932.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Voeux Road Central,

Hong Kong.

in the name of 1. G. Farbenindustrie Aktien- gesellschaft, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Ap- plicats in respect of :-

Photographic films and plates sensitized

in Class 1.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of June, 1932.;

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

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

722

LEGISLATIVE COUNCIL.

No. S. 283.-The following Bills were read a first time at a meeting of the Council held on the 4th August, 1932:-

A BILL

[No. 30:-29.6 32.-2.]

INTITULED

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.

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

14,715.97

Cadet Service

69,857.97

Senior Clerical and Accounting Staff

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

Public Works Recurrent

Miscellaneous Services

Charitable Services

Pensions

64,750.73

Public Works Department

267.750.48

45,776.75

720,170.69

32,290.90 313,441.41

TOTAL

$1,818,307.78

723

[No. 2: 14.6.32.-7.]

C.S.O. 7 in 4299/31.

A BILL

INTITULED ·

An Ordinance to amend the Foreshores and Sea Bed Ordi-

nance, 1901.

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 Short title. Sea Bed Amendment Ordinance, 1932.

2. Section 3 of the Foreshores and Sea Bed Ordinance, Substitution 1901, is repealed and the following section is substituted for Ordinance therefor :-

No. 15 of 1901, s. 3.

Power to grant Crown foreshore

leases of

and to award

cases.

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, and sea bed, of the foreshore and sea bed within the limits of the waters of compensation the Colony, and of Crown land covered with water in any tidal in certain 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.

724

Amendment of Ordinance No. 15 of 1901, s. 5.

(4) If the Governor makes no acceptable offer of settlement or compromise within

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 a judge; and the Governor shall 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.

3. In section 5 of the Foreshores and Sea Bed Ordinance, 1901, all words after the word "water." are repealed.

Objects and Reasons.

1. The title of the principal Ordinance (No. 15 of 1901) is "An Ordinance to validate Crown leases of foreshore and sub-merged lands for reclamation, and to facilitate the making of such leases".

725

4. This amending Ordinance therefore repeals the provisoes referred to above and makes provision for com- pensation to persons injuriously affected.

5. Section 2 of this Ordinance substitutes a new section for section 3 of the principal Ordinance. Sub-section (1) of the new section re-enacts the original section as far as the first proviso thereto, except that the words "(renewable on the usual terms)" have been added as it is usual for Crown Leases for 75 years to be renewable. Sub-section (8) re-enacts the last paragraph of section 3 of the principal Ordinance.

7. Section 3 of this Ordinance repeals the latter part of section 5 of the principal Ordinance.

June, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O.

726

[No. 20:-28.6.32.-8.]

Short title.

Definitions.

10 & 11 Geo. 5, c. 65, Schedule.

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 industries.

certain

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.

(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;

(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;

but does not include any agricultural operation.

(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.

727

(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.

(9) "Young person" means any person of or over the age of 16 years and under the age of 18 years.

and their

3.-(1) It shall be lawful for the Governor to appoint Inspectors Inspectors and Assistant Inspectors of Labour, Factories and powers. Workshops.

(2) The Protector and every Inspector shall have the 1 Edw. 7, following powers :-

(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;

(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 Ordinance 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.

Regula- tions.

728

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.

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;

(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;

(a) 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;

requiring notifications to be made in relation to accidents occuring in factories and workshops;

(k) 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 mended 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 have been made under this Ordinance, and shall be in force

729

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.

6. No place or premises shall be opened or used as a factory or workshop until it has been registered under this Ordinance.

contraven-

7.-(1) Upon proof before a magistrate of any Con- Penalty and travention of, or attempt to contravene, or failure to comply liability for 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.

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.

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

Presump tions.

Consent.

Repeals.

Commence- nient.

730

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;

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.

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.

Woman

3. No person shall employ any female young person or 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.

(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,

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.

}

731

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.

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.

B.Factory and Workshop Regulations.

1. Subject to any exemption granted by the Protector of Labour these regulations shall apply to all factories and workshops.

Applica tion.

2. It shall be lawful for the Protector to exempt any factory or power to workshop or any class of factory or workshop from all or any of these exempt. regulations, and to withdraw any such exemption.

3.-(1) Every accident in a factory or workshop which results in Notification loss of life or which disables any person employed in the factory so of accidents. 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.

4.--(1) All driving belts passing through floors shall be securely Driving 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.

(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.

belts.

5. All moving parts of any machines which are adjacent to any Machines passage way shall be securely fenced.

adjacent to passage ways.

6.-(1) All dangerous parts of all machinery, and every part of the mill-gearing, must either be securely fenced, or

be in such parts of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Dangerous position or of such construction as to be equally safe to every person machinery employed or working in the factory as it would be if it were securely and mill-

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.

gearing.

Exposed

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 wheels, or countersunk.

etc.

Shafting.

Meaning of securely fenced.

Main-

tenance of efficiency of fencing.

732

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.

18. 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.

Factorics 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

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

factory

continue

on the premises known as

occupation of

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.

733

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.

Objects and Reasons.

June, 1932.

C. G. ALABASTER,

Attorney Generat...

Section of new Ordinance.

734

TABLE OF CORRESPONDENCE.

Section of No. 22 of 1922 as amended by No. 24 of 1929.

Section of No. 3 of 1927.

Remarks.

Combined.

Age of "child" 16

instead of 15. New definition of "Workshop" as

distinct

from factory. Definition "factory" "Industrial under- taking" and "Inspector" made more comprehensive. Other definitions unaltered.

Combined-Penal clause in s.s. 3 omitted-"to enter by day" omitted-power of entry etc. extended to all industrial undertakings.

Combined. New power given to prescribe forms (g), and means of securing hygiene (h).

A new provision requiring annual registration of factories and workshops.

Prohibiting opening or use of unregistered factory or work- shop.

Combined. Liability of

of pro- prietor of factory or workshop or industrial undertaking extended to offences in con- nection with the employment of women, young persons and children.

Repeals.

Commencement.

735

[No. 32:-28.7.32.-3.]

C.S.O. 7 in 1259/21.

A BILL

INTITULED

An Ordinance to make provision for fixing minimum wages in occupations where the wages paid are unreasonably low.

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 Short title. Ordinance, 1932.

minimum

2.- (1) The Governor in Council may, at any time he Fixing thinks fit, fix a minimum wage for any occupation in which he is satisfied that the wages paid are unreasonably low.

wages in certain

cases.

No. 13 of

(3) The provisions of sections 3 to 10, inclusive, of the Ordinance Commissioners Powers Ordinance, 1886, shall apply to any 1886. Board so appointed.

of less than

3. Any minimum wage so fixed shall be published by Penalty Government Notification in the Gazette and thereafter, until for payment the said minimum wage is revoked by a subsequent Govern- minimum ment Notification similarly published, the payment of a iess wage. 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.

Minimum

4. The Governor in Council may make regulations Rules for governing the procedure to be adopted by any Board appointed we Wage under section 2 and generally for the purposes of carrying Board. into effect the provisions of this Ordinance.

Objects and Reasons.

Legislation on the lines of this Ordinance has been suggested by the Secretary of State, in his circular despatch of the 30th March, 1932, in order to carry out the obligations arising from Article 421 of the Treaty of Versailles in respect of the International Labour Convention concerning the creation of minimum wage fixing machinery.

C. G. ALABASTER,

Attorney General.

July, 1932.

736

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

•

No. S. 284.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st July, 1932, as certified by the Managers of the respective Banks:-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation..

Mercantile Bank of India, Limited...

20,581,836

8,300,000*

135,533,082 112,000,000†

3,107,769 1,350,000§

TOTAL

$3 159,222,687 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,325,100.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

5th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 285.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

5% Treasury Bonds payable

@ 100 in 1933/1935

£190,000

5th August, 1932.

102-1021/

E. R. HALLIFAX,

Colonial Secretary.

737

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 286.-The following names of successful tenderers are notified for general information :-

Government Notification.

S. 222 of 17.6.32.

Particulars.

Firms.

Tender for forming Children's Playground and erecting of sheds, Cox's Road, Kow- loon.

Messrs. Sang Lee

& Co.

S. 228 of 22.6.32.

Tender for repairs to S/L "P.D. 1".

Messrs. Kwong

Cheung Hing.

S. 229 of 24.6.32.

Tender for Approach Road to New Kowloon Mr. Man Gang.

Urning Cemetery No. 5.

S. 230 of 24.6.32.

Tender for nullah training at Sookunpoo.

Messrs. Lai To

Construction Co

E. R. HALLIFAX,

Colonial Secretary.

5th August, 1932.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 287.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Cholera.

Newchwang.

Do.

Cholera.

Wuchow.

Do.

5th August, 1932.

Notification No. 362 of 8th June. 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July, 1932.

Notification No. 448 of 7th July,

1932

Notification No. 475 of 18th July, 1932,

Notification No. 510 of 2nd August 1932.

E. R. HALLIFAX,

Colonial Secretary.

738

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 288.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April,

1926.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

No. S. 301.

1926.

Straits Settlements.

Port Swettenham

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Do.

8th March, 1932

No. S. 98.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Do.

29th April,

No. S. 176.

1932.

Port Swettenham.

(F.M.S.)

Netherland Indies.

Hong Kong declared an infected port of account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

1st July,

1932.

No. S. 258.

Straits

Do.

1st July, 1932.

No. S. 259.

Settlements.

French

Do.

2nd July,

1932.

No S. 260.

Indo-China.

Philippine

Do.

7th July,

1932.

No. S. 261.

Islands.

Shanghai,

Japan.

Do.

14th July, 1932.

No. S. 262.

Do.

15th July, 1932.

No. S. 263.

Do.

18th July, 1932.

No. S. 270.

All ports in the United States

　of America, including the Hawaiian Is- lands.

5th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 1 of 1926.

Notices of Intended Dividend.

Re Liu Man Po, of No. 20, Nam King

Street, (first floor), Yaumati.

third dividend is intended to be declared

Ain this matter.

　　　　　Creditors who have not proved their debts by the 5th day of September, 1932, will be excluded.

No. 7 of 1927.

Re The Wing Sang Bank, of No. 167, Queen's Road Central, Victoria, in the Colony of Hong Kong,

second and final dividend is intended to

Acneclared in this matter.

　　　　　Creditors who have not proved their debts by the 5th day of September, 1932, will be excluded.

No. 13 of 1924

Re Chan Shiu Tsun, of 63 Des Vœux Road Central, Victoria, in the Colony of Hong Kong, Clerk.

third dividend is intended to be declared

in this matter.

　　　　　Creditors who have not proved their debts by the 5th day of September, 1932, will be excluded.

Dated the 5th day of August, 1932.

E. L. AGASSIZ,

Official Receiver

In the Matter of the Companies' Ordin-

ances, 1911-1931,

and

In the Matter of the Yau Shun Knitting

Company, Limited.

PURSUA

URSUANT to Section 181 of the Companies' Ordinance 1911, notice is hereby given that a meeting of creditors of the above-named Company will be held at the office of Mr. A. el Arculli, Solicitor, No. 14, Queen's Road Central, (2nd floor), Victoria, Hong Kong, on Thursday, the 18th day of August, 1932, at 3.00 o'clock in the afternoon,

At this meeting the Creditors will be asked to determine whether an application shall be made to the Court for the appointment of any person as Liquidator in the place of or jointly with ourselves the Liquidators appointed by the Company, or for the appointment of a Committee of Inspection.

Notice is also hereby given that the Creditors of the above-named Company are required on or before the 13th day of August, 1932, to send in their names and addresses and particulars of their debts or claims, and the names and addresses of their Solicitors, if any, to Mr. A. el Arculli, Solicitor for the Liquidators of the Company; and if so required by notice in writing from the Liquidators, are, by their Solicitors or personally, to come in and prove their debts or claims at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 5th day of August, 1932.

SHUM TUNG YEUK, LO WING IU, Liquidators.

742

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of John Wedge Williams late of No. 14, Morrison Gap Road, Victoria, Colony of Hong Kong, Marine Engineer, deceased.

NOTICE is hereby given that the Court

has by virtue of the Provisions of Section 58 of Ordinance No. 2 of 1897, made an Order limiting the time for creditors and others to send in their claims against the above estate to 22nd day of August, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Date the 29th day of July, 1932.

WILKINSON & GIRST,

Solicitors for the Administrator.

BROWNS LIMITED.

EXTRAORDINARY RESOLUTION,

Tan Extraordinary General Meeting of the members of the above-named Com- pany, duly convened and held at the Alexandra Building, 2nd floor, Des Voeux Road Central. Victoria in the Colony of Hong Kong, at 5 p.m. on the 29th day of July, 1932, the following Resolution was passed as an Extraordinary Resolution:-

"That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business and that it is advisable to wind-up voluntarily and that Donald Black of No. 6, Des Voeux Road Central, Victoria in the Colony of Hong Kong, be and he is hereby appointed Liquidator for the purposes of such Winding-up."

Dated this 5th day of August, 1932.

C. CHAMPKIN,

Chairman,

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of the Yau Shun Kuitting

Company, Limited.

NOTICE is hereby given that at an Extra-

ordinary General Meeting of the above- named Company, duly convened and held at No. 106, Yu Chau Street, Shushuipo, Kow- loon, Hong Kong, the Company's Registered Office, on the 18th day of July, 1932, the following Extraordinary Resolution was duly passed :

"That it has been proved to the satisfac- tion of this meeting that the Com- reason of its pany cannot by liabilities continue its business and that it is advisable to wind-up the same, and accordingly that the Company be wound-up voluntarily and that Messrs. Shum Tung Yeuk of No. 106, Yu Chau Street afore- said, Managing Director of the said Company, and Lo Wing Iu of No. 5, Queen's Road Central, Victoria in the said Colony of Hong Kong, Clerk, be and they are hereby appointed Liquidators for the pur- poses of the winding-up.

Dated this 5th day of August, 1932.

HO KWONG,

Chairman.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance No. 25 of

1923.

Notice is hereby given that Mr. Wong Kam Tong

Tong (trading as Kwok Man Hing Shing Kee Knitting Factory (

) of Nos. 184 and 186 Nan Chang

Street, Shamshuipo in the Colony of Hong Kong, carrying on business of a Knitting Factory under the style or firm name of "Kwok Man Hing Shing Kee Knitting Factory" of Nos. 184 and 186 Nan Chang Street, Shamshui- po aforesaid (hereinafter called "the Trans- feror") is desirous of transferring the said business of the said Kwok Man Hing Shing Kee Knitting Factory together with the good- will trade machinery plants brands marks furniture fixtures fittings signboards mortars meters and all chattels and effects of the said premises to Messrs. Wong Ting Wai

(黃廷威) and Wong Tek Fong (黃

both of No. 62, Des Voeux Road West, Victoria in the Colony of Hong Kong Proprietors of The Lung Hing Tong (

(hereinafter called "the Trans-

ferees") on the 5th day of September, 1932. The Transferees intend to carry on the said business at Nos 184 and 186 Nan Chang Street, Kowloon aforesaid under the style or firm name of "Kwok Man Iling Lung Kee

Knitting Factory()

and will not assume the liabilities incurred by the Transferor in the said business.

Dated the 5th day of August, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the part es.

In the Matter of The Companies Ordi-

nance 1911-1921,

and

In the Matter of Browns Limited.

In Liquidation.

URSUANT to Section 181 of the Companies

PURSUANT TO 1911, notice is hereby given

that a meeting of creditors of the abovenamed Company will be held at the offices of Messrs. Percy Smith, Seth & Fleming, 6 Des Voeux Road Central, Hong Kong, at 12 noon on Monday, 29th August, 1932.

At this meeting the Creditors will be asked to determine whether an application shall be made to the Court 10r the appointment of any person as Liquidator in the place of or jointly with myself the Liquidator appointed by the Company, or for the appointment of a Com- mittee of inspection.

Notice is also hereby given that the Creditors of the aboven med Company are required, on or before the 30th September, 1932, to send in their names and addresses and particulars of their debts or claims, and the names and addresses of their Solicitors (if any) to Donald Black of Messrs. Percy Smith, Seth & Fleming, the Liquidator of the Company; and, if so required by notice in writing from the Liquida- tor, are by their Solicitors or personally, to come in and prove their debts or claims, at such time and place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated this 5th day of August, 1932.

DONALD BLACK,

Liquidator.

(FILE NO. 256 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that British-

　　　　American Tobacco Company, Limited of Westminster House, 7 Millbank, London, England have on the 11th day of June, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks :-

743

(FILE No. 169 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that Luen Fung

(FILE NO. 173 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

and Co., (E) carrying of No. 186, Luk Yee Sam Road, Canton

on business at 13, Sun Hing Street, Canton, in the Republic of China and elsewhere, have on the 18th. day of May, 1932, applied for re- gistration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

OTICE is hereby given that Li and Fung and of No. 10, Chiu Loong Street, Victoria Hong Kong, on the 20th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

OGDENS

ST JULIEN

EXQUISITE COOL & FRAGRANT.

+1 1 15 **** PARROTS

R QUALITY

VERY BEST

廣 FLASHLIGHT 老

廣州市鴦耀廠造

FIRE

CRACKERS

BULLDOG

BRAND

MANUFACTURED BY

TO YIU

CANTON, CHINA.

狗牌電光炮

"Capstan

de Luxe

W.D.&HOWills. Bristol & London.

̇造製廠豐職市州腹國中 MANUFACTURED, BY LUEN FURG COPY

MACE IN

CHINA

in the name of Luen Fung and Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since January, 1931, in respect of the following goods :-

Firecrackers and fireworks, in Class 20. The Applicants disclaim the right to the exclusive use of the figures" 40/36."

Dated the 5th day of August, 1932.

MADE IN CHINA

(2)

BULWARK

W.D&H.OWILLS.

BRISTOL & LONDON

in the name of British-American Tobacco Com- pany, Limited, who claim to be the sole pro- prietors thereof.

The Trade Marks have been used by the Ap2

plicants in respect of :-Manufactured Tobacco

in Class 45.

JOHNSON, STOKES & MASTER,

11⁄2"

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

LENGTE

白告股拆

·號伍達將七雷伍達向啓千營勳伍由月家嵩伍由者九業尙時伍#炎學時伍望棉百仍及權時九等伍權時角强三用麥伍號合于伍琨太織十棉榮學伍拆股贊學伍子業二强衞銘時股營黃銘時道公年織收伍本所業傳伍本門司

中國廣州道耀厰特製

WARRANTED

HIGHEST QUALITY

EXTRA SELECTED FLASHLIGHT

FIRE CRACKERS

GIRAFFE

BRAND

REPORTS

頂靚凈葯快引電光炮

SOLE

PROPRIETORS

MADE IN CHINA BY

DO NOT

HOLD IN HAND

LI FUNC CANTON

TO YIU

AFTER

LIGHTING

CANTON, CHINA.

業支尙伍欠今彥尙伍牌啓 to be the sole proprietors thereof.

in the name of the said Li and Fung who claim

The St. Julien " Trade Mark is to be 公並斌時該經伍斌時事

associated with Trade Mark No. 115 of 1901

and the 'Capstan Trade Mark with No. 110TL

of 1909.

A facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

名續于伍及-拭干伍十字在銘時該千伍銘時一日此太伍健號九勳伍健號佈子振伍所百尙振伍棉道光時欠三麥光時强五伍沾之十榮伍沾織十時伍賬二衞時伍造一遜時項及遜時廠

The Trade Marks have been used by the Ap-

plicants in respect of Fire crackers and fire works in Class 20.

The Applicants disclaim the right to the

exclusive use of all the words, figures and

characters on the Marks except "Giraffe Brand" and " Bulldog Brand

respectively, and the name and address of the firm.

Dated the 2nd day of June, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

744

(FILE No. 209 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Yuen Hing Dyeing Factory of No. 26, Main Street, Kowloon City, Kowloon in the Colony of Hong Kong,

Manufacturers, have on 14th of June, 1932, applied for registration, in Hong Kong, in the Fegister of Trade Marks, of the following Mark :--

假提

冒防

「標商球雙

in the name of the Yuen Hing Dyeing Factory, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants for the past ten years, in respect of the following goods :-

Cotton piece goods in Class 24.

Dated the 5th day of August, 1932.

THE YUEN HING DYEING FACTORY,

No. 26, Main Street, Kowloon City.

(FILE No. 244 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Nand Company of St. George's Building,

OTICE is hereby given that Shewan Tomes

Victoria, in the Colony of Hong Kong, have on the 14th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark: -

EAGLE & BEAR

***

認

BRAND

(FILE No. 171 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that the American-Far Eastern Match Company, Federal Incorporated, C.S.A., have on the 9th day of May, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

LUCKY BOY

英

一雄牌商

旗

金山上等麵粉

~ MILLED EXCLUSIVELY FOR

SHEWAN TOMES & CO.

HANG KING

NOSKE BROS PTY LTD

MELBOURNE

BEST AUSTRALIAN PATENT ROLLER FLOUR

49 LBS CROSS WHEN PACKED

in the name of Shewan Tomes and Company who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-Flour in Class 42.

A facsimile of such Trade Mark can b seen at the offices of the Registrar of Trad Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS,

Solicitors for the Applicants,

No. 1, Des Voeux Road Central,

Hong Kong.

MADE IN CHINA BY

THE AMERICAN FAR EASTERN MATCH CO.

FEDERAL INC. U. S. A

in the name of the American-Far Eastern Match Company, Federal Inc., U.S.A., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of matches in Class 47 forthwith.

Dated the 2nd day of June, 1932.

H. A. PEARSON, Agent for the Applicants, Asiatic Building, Hong Kong.

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

746

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 289.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that Hong Kong has been declared by Formosa an infected port on account of Cholera as from 29th July, 1932.

12th August, 1932.

E. R. HALLIFAX.

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 290.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion.

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

Cholera.

Wuchow.

Do.

12th August, 1932.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July, 1932.

Notification No. 448 of 7th July, 1932.

Notification No. 475 of 18th July, 1932.

Notification No. 510 of 2nd August 1932.

E. R. HALLIFAX,

Colonial Secretary.

747

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 291.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April,

1924.

30th April, 1926.

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301.

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March,

No. S. 98.

1932

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals

from Hong Kong on account of Cerebro-Spinal ! Meningitis.

28th April,

No. S. 175.

1932.

Port Swettenham. (F.M.S.)

Netherland Indies.

Do.

29th April, 1932.

No. S. 176.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

Straits Settlements.

1st July, 1932.

No. S. 258.

Do.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

Islands.

7th July, 1932.

No. S. 261.

Shanghai,

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

12th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

748

POLICE DEPARTMENT.

No. S. 292.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Rations for Indian Police", will be received at the Colonial Secretary's Office until Noon of Friday, the 26th day of August, 1932, for the supply of Rations for the Indian Police Force for twelve months com- mencing 1st January, 1933.

The conditions are as follows:-

1. The Contractors shall supply such numbers of rations at such time and place as may be ordered in writing by the Inspector General of Police or by any officer authorised in writing by the Inspector General of Police to sign indents for rations. No rations supplied without a duly signed indent will be paid for. Indents will be sent one day previous to the

issue.

2. A ration will be composed of the following articles :-

Atta

Dhall

Ghee

Masala... Salt

1 lb. 8 oz.

$150 $150

3. All provisions shall be issued by the Contractors from their stores.

4. All provisions shall be issued thrice a month on dates as agreed.

5. All provisions will be delivered by the Contractors free of charge for carriage

and in good condition at such stations as may be required.

6. All articles shall be of the best quality of their several kinds. The supplies shall be subject on delivery to the inspection and approval of the Inspector General of Police or officer acting for him and if any article shall be found not of the quality contracted for, it shall be rejected, and the Inspector General of Police or such officer as aforesaid may either require the Contractors to replace the articles rejected by supplies of unobjection- able character or he shall be at liberty to purchase supplies in lieu of those rejected and to deduct the cost of such purchase from any monies payable to the Contractors.

7. In case the Contractors fail to deliver the supplies demanded as and when directed, the Inspector General of Police shall be at liberty to purchase the necessary supplies and deduct the expenses which may be incurred on account thereof from any monies payable to the Contractors.

S. The weights and measures shall be in all cases standard weights and

measures as required by the Weights and Measures Ordinance, 1885.

9. The Contract shall not be sub-let or assigned wholly or partially without the written consent of the Inspector General of Police having been first obtained.

10. The Inspector General of Police and the Contractors may determine this Contract at any time upon giving three months previous notice in writing or the Inspector General of Police may determine it forthwith in the event of repeated failure to supply by the Contractors.

11. The Contractors shall deliver their accounts monthly and such accounts shall be paid by the Inspector General of Police within seven days after they have been verified.

12. The Contractors shall not on any account advance any money to any member of the Police, nor receive any supplies from any members of the Police- in exchange for money.

749

13. Should the Contractors commit any breach of the agreement the Inspector General of Police shall be at liberty to cancel the same forthwith and the Contractors shall thereupon forfeit to the Inspector General of Police the sum of $500 as and for liquidated damage and such sum shall be applied by the Inspector General of Police to such object connected with the Police Force as His Excellency the Governor may direct.

14. Empty packages, bags, tins, etc., will be returned to the Contractors three

days before the next issue.

　　No tender will be received, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person fails or refuses to carry out his tender, should the tender be accepted.

Form of tender may be obtained at the Colonial Secretary's Office.

For further particulars apply at the Office of the Inspector General of Police.

No tender will be received unless written on the required Form.

The Government does not bind itself to accept the lowest or any tender.

12th August, 1932.

T. H. KING,

Inspector General of Police.

PRISON DEPARTMENT.

No. S. 293.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the purchase of Waste Paper ", will be received at the Colonial Secretary's Office until Noon of Friday, the 26th day of August, 1932, for the purchase of Waste Paper from the Prison Department for one year from 1st October,

1932.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited with the Colonial Treasurer the sum of $25 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted. Deposits will be returned when the name of the successful tenderer is published.

Waste Paper consists of white paper cuttings and coloured paper cuttings, averaging monthly about 4,000 lbs. and 2,000 lbs. respectively.

Samples of waste paper may be seen and forms of tender obtained at the Prison Department Office, Victoria Gaol.

No tender will be considered unless submitted in triplicate on the forms provided.

The Government does not bind itself to accept the highest or any tender.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $300.

12th August, 1932.

J. W. FRANKS,

Superintendent,

749

14. Empty packages, bags, tins, etc., will be returned to the Contractors three

days before the next issue.

Form of tender may be obtained at the Colonial Secretary's Office.

For further particulars apply at the Office of the Inspector General of Police.

No tender will be received unless written on the required Form.

The Government does not bind itself to accept the lowest or any tender.

12th August, 1932.

T. H. KING,

Inspector General of Police.

PRISON DEPARTMENT.

1932.

Waste Paper consists of white paper cuttings and coloured paper cuttings, averaging monthly about 4,000 lbs. and 2,000 lbs. respectively.

Samples of waste paper may be seen and forms of tender obtained at the Prison Department Office, Victoria Gaol.

No tender will be considered unless submitted in triplicate on the forms provided.

The Government does not bind itself to accept the highest or any tender.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $300.

12th August, 1932.

J. W. FRANKS,

Superintendent,

750

PRISON DEPARTMENT.

No. S. 294.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Winter Clothing for Prison Staff", will be received at the Colonial Secretary's Office until Noon of Friday, the 26th day of August, 1932, for the making up and supply of Winter Clothing for the Prison Staff.

Samples of uniform may be seen, further information and forms of tender obtained at the Prison Department Office, Victoria Gaol.

　　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person shall refuse to carry out his tender, in the event of his tender being accepted.

No tender will be received unless sent in the form required.

The Government does not bind itself to accept the lowest or any tender.

12th August, 1932.

J. W. FRANKS,

Superintendent.

HARBOUR DEPARTMENT.

No. S. 295. It is hereby notified that sealed teuders in quintuplicate, which should be clearly marked "Tenders for repairs to No.. 14 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 26th day of August, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

9th August, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 296. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Improving and strengthening main Roads, New Terri- tories, and road conditioning at Sha Tan Kok", will be received at the Colonial Secre- tary's Office until Noon of Tuesday, the 23rd day of August, 1932.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

8th August, 1932.

R. M. HENDERSON,

Director of Public Works.

751

DISTRICT OFFICE, TAI PO.

No. S. 297.--It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of August, 1932.

The Lot is let for the term of One year from the 1st day of July, 1932, as a Fish Drying Floor Lot subject to the General Conditions of lease.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

No. D. D.

Lot.

Contents

Annual

in Upset Crown Acres.

Price. Rent.

feet.

feet. feet feet.

1 156A 9

Sam Mun Tsai

As per plan deposited in the District Office, North.

11 acre.

Nil.

.30

9th August, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

　　No. S. 298.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 25th day of August, 1932.

　　The Lot is let for the term of One year from the 1st day of July, 1932, as an Agricultural Lot subject to the General Conditions of lease.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres. Price.

Upset

Annual Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

€0.

114

1672

Ling Wan Tsz.

As per plan deposited in the District Office, North.

2:44 acres.

Nil. 4.90

9th August, 1932.

E. H. WILLIAMS,

District Officer, North.

752

DISTRICT OFFICE, TAI Po.

　　No. S. 299.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 25th day of August, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 4 as Building Lots and Lots Nos. 5 to 15 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 4 are further subject to Special Condition No. 2 (a). Lots Nos. 5 and 15 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　　The amounts to be speut on each building lot in rateable improvements under the General Condition No. 5 are $500, $500, $250 and $250 respectively.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

No. D. D. Lot.

Contents in

Annual

Acres, or Square feet.

Upset

Crown

Price.

Rent

feet. feet. feet. feet.

811

San Tin.

As per plan deposited in the District Office, North.

600 sq. ft.

1.00

104

4195

Ngau Tam Mi.

851

1.00

115

1306

Shan Pui.

330

.50

1307

297

.50

5 104

2022

Fuk Hing Li.

06 acre.

.20

2024

*05

.10

-1

1982

*04

.10

со

1983

*03

.10

2011

*06

•10

2068

*07

.10

2069

.10

2040

*09

.10

4196

*08

ос

.10

112

694

Liu Fa Ti.

*45

148

1.40

1784

1.55

168

1.60

9th August, 1932.

E. H. WILLIAMS,

District Officer, North.

753

DISTRICT OFFICE, TAI PO.

No. S. 300.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 24th day of August, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 10 as Building Lots. Lots Nos. 11 to 15 as Threshing Floor Lots and Lots Nos. 16 to 29 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Govern- ment Notification No. 470 of 1931. Lot No. 1 is further subject to Special Condition No. 2 (a) and (b). Lots Nos. 2 to 10 are further subject to Special Condition No. 2 (a). Lots Nos. 11 to 15 are further subject to Special Condition No. 1 (a). Lots Nos. 16 to 29 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $250, $1,500, $1,000, $1,250, $1,000, $750, $750, $500, $500 and $250 respectively.

Registry No.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Contents

Annual

in Acres, or Square feet.

Upset Crown

Price.

Rent.

Locality.

No. D. D.

Lot.

feet. feet. feet. feet.

2225

Ku Tung

As per plan deposited in the District Office, North.

425 sq. ft.

1.00

1427

Sheung Shui

2,368

6.00

งา

1826

Tsung Un Ha

1,700

2.00

1827

1,750

2.50

927

Wun Iu

1,320

2.00

19 2272

Chung Uk Tsun

1,258

1.50

146

S11

Sam Ah

1,000

1.50

547 A

Wan Tau Kok

600

2.00

167

969

Sai Au

700

1.00

1425

Wo Hang

435

.50

2271

San Tsun

1,200

.10

1213

Ting Kok

900

.10

2034

Tsz Tong Tsun

1,134

.10

1428

Sheung Shui

1,435

.20

1429

546

.10

1533

Nam Hang

·30 acre.

.30

2270

San Tsun

*18

.20

4649

Fan Ling

*44

.50

302

Kuk Po

*02

.10

754

PARTICULARS OF THE LOTS,-Continued.

Boundary Measurements.

Registry No.

Contents in

Annual

Upset

Locality.

Crown

Acres, or Price.

No.

D. D. Lot.

Square feet.

Rent.

feet. feet. feet. feet.

92 1232

Kam Tsin

As per plan deposited in the District Office, North.

17 acre.

.20

1233

•29

.30

2226

*30

.30

2037

Tsz Tong Tsun

*24

.30

2038

*09

25 156A

Sam Mun Tsai

102

.10

.20

213

261

Ngan Liu

*18

.20

262

·11

.20

་་

298

171

Sha Tin

.40

29 362

334

Pak Ah

*46

.50

9th August, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 279.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tenders for the Construction of an Access Road, Shing Mun Valley", will be received at the Colonial Secretary's Office until Noon of Monday, the 15th day of August, 1932. The work consists of the construction of an Access Road approximate one mile in length between Pineapple Pass and the proposed Gorge Dam. The road forms an extension of the existing Access Road between Tsun Wan and Pine- apple Pass.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

29th July, 1932.

R. M. HENDERSON,

Director of Public Works.

756

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 19 of 1931.

Notice of Intended Dividend.

Be To Po Wan alias To Sik Pan of No. 130, Apliu Street, (1st floor), Shamshiupo, in the Dependency of Kowloon and Colony of Hong Kong.

first and final dividend is intended to be

declared in this matter.

Creditors who have not proved their debts by the 12th day of September, 1932, will be excluded.

Dated the 12th day of August, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of William leury D'Erlan Dronet Wentworth of 21 Minami

Yamate, Nagasaki in the Empire of Japan, Accountant, deceased.

OTICE is hereby given that the Court

NOWhas by virtue of Section 5S of Probate

Ordinance No. 1897, made an order limiting

their claims against the above estate to the

HONG KONG & SHANGHAI

CORPORATION.

BANKING

OTICE is hereby given that the Certi- ficate No 6 NS 502 dated Hong Kong, 14th April, 1932, for Five shares of this Bank numbered 130792/130796_inclusive registered in the name of Richard Toovey has been Lost, Stolen or destoryed by Fire, and should this certificate not be produced to the Bank before 10th September, 1932, a new certificate for the shares will be issued, and the afores id Certificate No. 6/NS 502 will be thereafter treated by this Corporation as Null and Void.

By order of the Court of Directors,

V. M. GRAYBURN,

西歷一千九百卅二年八

Chief Manager.

Hong Kong, 12th August, 1932.

白告項承

退招後借尙記盤冰啓股牌概等益承生室者人加與項利受意日香無多承及冰準招三港千合頂華室於牌新特記人洋本舖塡此繼無轉三年底地聲續涉轕。八傢茲莊明營訂車2月私因士入承出以業明情廿什各敦

the time for creditors and others to send in 月頂頂免日任請有四物股道

·人人後後從卽欠號按東門

AVANT 益論該承與到下櫃志房

7th day of September, 1932.

All creditors and others are accordingly

hereby required to send their claims to the

undersigned on or before that date.

Dated the 9th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Executor,

Prince's Building,

Tee House Street.

Hong Kong.

NOTICE

OTICE is hereby given that by an

日利利號頂舊各午等圖第冰冰生人人號三項別五室室意用理貨時一業十合盈囘項概自九記

虧原自會易頂願號同亦日交項清與將盒啓與之易揭楚合全利

IN THE SUPREME COURT OF HONG KONG.

In the Matter of the Estate of Adderley Fitzalan Howard late of the Colonial Audit Department, Victoria in the Colony of Hong Kong, Civil Ser- vant, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58 of The Probates Ordinance 1897 (No. 2 of 1897), made an order limiting the time for sending in claims or against the above estate to the 31st day of August, 1932.

Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 12th day of August, 1932.

E. P. H LANG,

Registrar, Supreme Court.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Businesses Ordinance, No. 25

of 1923.

Notice is hereby given that by an Assign- ment dated the 8th day of August, 1932,

Herbert Connell of China Building Victoria in called " the Transferor ") has transferred the Building Victoria aforesaid under the styles or firms names of H. Connell and Company and and Company Limited of China Building Transferees")

the Colony of Hong Kong Merchant (hereinafter

said business of Imports and Exports at China

the (Chinese Produce Shippers to H. Connell

Victoria aforesaid (hereinafter called "the

business al Chim Building Victoria aforesaid wder the style or firm ane of H. Connell and liabilities incurred by the Transferor in the

The Transferees intend to carry on the

Company, Limited, and wili not assume the

said business.

Dated the 12th day of August, 1932.

RUSS & CO,

Solicitors for the Transferor and the Transferees.

ORDINANCES FOR 1931.

白告股拆 BOUND volumes of Ordinances, of

Agreement dated the 10th day of -號伍達將七雷伍達向啟

August, 1932, Chung Hi Nga (鍾希雅)千營勳伍由月家嵩伍由者

otherwise known as Chung Fook ling Tong

(鍾福興堂);Kwan Sin Nam(關九業尙時伍艹炎學時伍望棉兆南) alias Kwan Sui Cho(關瑞初) 百仍及權時九等伍權時鱼强 and Pang Cho Hang (彭楚珩 ) other-

　　　　　　　　　　　　　　　　三用麥伍號合于伍現太織 wise known as Pang Kat Tour(彭吉十棉榮學伍拆股贊學伍子業堂) have agreed to sell to Pang Yat (彭-强衞銘時股營黃銘時道公逸) otherwise known as Pang Yat On Tong 年織收伍本所業傳伍本門司

Tong (彭逸安堂 ) All Those their 業支尙伍欠今彥尙伍牌啟

Hong Kong, including Pro- clamations, Regulations, and Orders,

in Council, Statutes, Commissions ete., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5, Duddell Street.

shares and interest of and in The Loi On 公並斌時該經伍斌時事 REGULATIONS OF HONG KONG

Pawnshop (來安押) hitherto carried月司繼伍藉號於于伍藉

on by the parties hereto in co-partnership at

No. 47, Staunton Street, Victoria Hong Kong,

and that completion of the said purchase will

take place at the expiration of one (1) month

from the date of the publication hereof.

Dated this 12th day of August, 1932.

LO AND LO,

Solicitors for the said,

CHUNG HINGA, KWAN SIU NAM

AND PANG CHO HANG.

名續于伍及一拭干伍十字在銘時該千伍銘時一日此太伍健號九勳伍健號佈子振伍所百尙振伍棉道光時欠三麥光時强五伍沾之十榮伍沾織十時伍賬二衞時伍造一遜時項及遜時廠

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office-

Price: $1.00

(FILE No. 261 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Leong

Wing Shing Firm of No. 152, Queen's Road West, Victoria, in the Colony of Hong

Kong, on the 21st day of July, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :--

盛永梁

in the name of the said Leong Wing Shing

Firm, who claim to be the proprietors thereof. The Trade Mark has been used by Applicants in respect of:- Chinese joss sticks in Class 50.

Dated the 12th day of August, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

((FILE No. 234 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Electric

N Service Corporation, Federal Inc., in

　　　　the United States of America, whose branch office is situated at Gloucester Building, Victoria in the Colony of Hong Kong, have, on the 6th day of July, 1932, applied for registration in Hong Kong, of the accompany Trade Mark:-

ELECTRIC

SERVICE

757

(FILE No. 266 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Tai Shing Street, Shamshuipo, Kowloon, Hong Kong, have Knitting Factory of No. 59, Yee uk

on the 26th day of July, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely:-

廠道織成大

標

(FILE No. 226 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trude Mark.

OTICE is hereby given that The Tung

Yuen Loong Firm (東源龍號)

of No. 28, Lung Hing Street, Fatshan, in the Province of Kwong Tung, China but its branch office is situate at No. 124, Bonham Strand East, (ground floor, Victoria, in the Colony of Hong Fong, Merchants on the 27th day of June, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark, viz :-

究必效算標册註能源水用改年壶拾式國民

0001

(東)

東

五鳳紅

農夫

TAI SING KNITTING FACTORY

Factory, who claim to be the proprietors thereof. in the name of the said Tai Shing Knitting The Trade Mark is intended to be used by the applicants in Class 38 in respect of articles of clothing.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of August, 1932.

A. E. HALL & CO., Solicitors for the Applicants, Pedder Building, Hong Kong.

(FILE No. 211 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chu Kwong

оо

8000000000

in the Lame of The Tung Yuen Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 20 in respect of Fireworks.

Facsimiles of the above Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 8th day of July, 1932.

TICE is more 8101, Wing Lok Street, N

Victoria in the Colony of Hong Kong, have on the 18th day of June, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

LO AND LO., Solicitors for the Applicants, Alexandra Building, Des Vœux Road Central, Hong Kong.

(FILE No. 227 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

記沾頸港首

司公勒惠

FEDERAL INC. U.8,A. SHANGHAI

CORPORATION*

in the name of the said Electric Service Cor- poration who claim to be the proprietors there- of.

　　　　　The above Trade Mark has already been used by the Applicants in respect of Radio tubes valves, radio receivers, electric phonographs, musical instruments, theatre sound equipment, phonograph records and radio transmitters in Class 8.

　　　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of August, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

in the name of Chu Kwong Lan Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- prepared tobacco in Class 45. with by the applicants in respect of Chinese

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 8th day of July, 1932.

CHU KWONG LAN FIRM, No. 104, Wing Lok Street, Hong Kong, Applicants.

YANCHIM KEE

最佳補雪树丼

in the name of Yun Chim Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Yun Chim Kee Firm since the last ten years in respect of Confectionery in Class 42.

A facsimile of such Trade Mark can be seen in the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 8th day of July, 1932.

YUN CHIM KEE FIRM,

No. 65, Caine Road,

Hong Kong, Applicants

758

(FILE No. 193 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE

OTICE is hereby given that British Cigarette Co., Ltd., whose registered office is situated at 6 Soochow Road, Shanghai, Tobacco Manufacturers, have on the 5th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

BELLE CHINA

(FILE No. 229 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Mark.

NOTICE is hereby given that Lam Hung Street, Tai Ping Shan, Hong Kong, has on the 28th day of June, 1932, applied for the re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:

(50 CIGARETTES

50 CIGARETTES

牌芳華

BELLE

رسون

CHINA

CIGARETTES

BRITISH CIGARETTE CO., LTD

東

光鴻林

CIGARETTES

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45,

Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 8th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road, Central,

Attorney.

(FILE No. 217 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Lai Yue Hang () of On Lok

茶盛廣

KWONG SING

TEA MERCHANT

EXPORT

BEST QUALITY

K.S.

in the name of Lam IIung Kwong, who claims to be the sole proprietor thereof.

The Trade Mark is intended to be used forthwith by the applicant in respect of Medicines for man in Class No. 3.

The applicant disclaims the right to the exclusive use of the Chinese characters

(林鴻光)

Dated the 8th day of July, 1932.

LAM HUNG KWONG,

No. 7, Rutter Street, ground floor, Tai Ping Shan,

Hong Kong, Applicant.

(FILE No. 190 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Dollar Battery Company of No. 284, Lockhart

Road, in the Colony of Hong Kong, have on

the 1st day of June, 1932, applied for the

registration in Hong Kong, in the Register of

Trade Marks, of the following Trade Mark

DOLLAR UNIT CELL

-~-

本號選庄

貨真價實

in the name of Lai Yue Hang of On Lok Village, Fanling aforesaid trading as Kong Sing, who claim to be the sole proprietor thereof.

The said Trade Mark has been used by the applicant in class 42 in respect of Tea. Such Trade Mark can be seen at the Offices of the Registrar Trade Marks and of the undersigned. The Applicant disclaims the right to the exclusive use of the letters "K.S." and the representation of a diamond which is common to the trade.

Dated the 8th day of July, 1932.

D'ALMADA AND MASON, Solicitors for the Applicant, No, 33, Queen's Road Central, Hong Kong.

NO. 550 UNIT CELL

TRADE

HONG KONG

MARK

FLASHLIGHT

BATTERY

THE DOLLAR BATTERY CO MADE IN HONG KONG CHINA

in the name of the said The Dollar Battery Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric flashlight Cells and Batteries.

The Applicants disclaim the right to the exclusive use of the representative of a battery and "No. 550" and of the words and figures

on the mark with the execption of the word "Dollar $ and the firm's name and address.

Facsimile of Such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the Undersigned.

Dated the 8th day of July, 1932.

THE DOLLAR BATTERY COMPANY, No. 284, Lockhart Road, Hong Kong.

759

(FILE No. 174 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Dunlop

(FILE No. 189 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Nanyang Brothers Tobacco Company, Limited of No. 271, Wanchai Road, Victoria in the Colony of Hong Kong, Merchants on the 1st. day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

Fort

DUNLOP FORT

ון

in the name of Dunlop Rubber Company (China) Limited, who claim to be the pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith, but the word "Fort" has been used by the said 'ompany for the last three years, in respect of following goods:-

Tyres made of India-rubber or in which India-rubber predominates, in Class 40.

The Trade Mark is associated with Trade Marks Nos. 163 of 1897, 153 of 1910 and 437 of 1931.

Dated the 10th day of June, 1931.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 176 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Peacock

Floor), Ki Lung Street, Shamshuipo, Hong

CIGAREITES

牌臺磯

NANYANG BROSTOB CO LTD

in the name of The Nanyang Brothers Tobacco Company, Limited, who claim to be the Pro- prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45 in respect of cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 10th day of June, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Raod Central, Hong Kong.

(FILE No. 183 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

given that Kam Sing

For,' have, on the 25th day of May, 1932, N Electrical Supply Company, Limited of

applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

PEACOCK BRAND

No. 58, Wing Lok Street, Victoria, Hong Kong, have, on the 28th day of May, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

EAGLE

BRAND

司合品裝化谨孔

in the name of The Peacock Perfumery Com-

pany, who claim to be the proprietors thereof.

褾商嘜藕

in the name of Kam Sing Electrical Supply Company, Limited, who claim to be the pro-

The Trade Mark is intended to be used forth-prietors thereof.

with by the applicants in respect of White polishing fluid for polishing shoes, boots, hats other canvas materials in Class 50.

Representations of the Trade Mark deposited for inspection in the Offices of the Registrar of Trade Marks Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

THE PEACOCK PERFUMERY CO., 2nd flr., 194, Ki Lung Street, Shamshuipo, Kowloon,

Hong Kong, Applicants.

are

The Trade Mark is intended to be used forth- with by the applicants in respect of Electrical Bulbs in Class 15.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 10th day of June, 1932.

KAM SING ELECTRICAL SUPPLY COMPANY, LIMITED., No. 58, Wing Lok Street, Hong Kong, Applicants.

762

LEGISLATIVE COUNCIL,

Draft Bill.

No. S. 301.-The following bill is published for general information :---

[No. 22-22.7.32.-5.]

C.S.O. 4305/30

.S.O. 3396/30.

A BILL

Short title.

Works authorised.

INTITULED

An Ordinance to authorise and validate the construction and maintenance of piers, recla- mations and other public works in connec- tion with the foreshore and sea bed or Crown land covered with water.

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 Foreshore and Sea Bed Works Ordinance, 1932.

2.-(1) It shall be lawful for the Governor to construct and maintain from the general revenue (whether directly, or indirectly, and whether from the proceeds of any loan or from surplus balances or otherwise) any piers, reclama- tious and other public works over, in, upon or connected with any part of the foreshore and sea bed of the Colony, or any Crown land covered with water in any tidal river or channel connected with the waters of the Colony which may be or which may have been approved by the Legisla- tive Council or the Finance Committee thereof.

(2) In particular it shall be lawful for the Governor to construct and maintain from the general revenue the follow- ing works :-

(a) Works for the improvement or tending to the improvement of the harbours and ports of the Colony.

(b) Works facilitating the navigation and safety of

vessels using the waters of the Colony.

berthing, loading and discharge of vessels.

(d) Works providing means or facilities for the storage and examination and clearance of cargo, for customs purposes or for any control of impor- tation and exportation authorized by law. (e) Breakwaters and works to provide shelter from

storms for vessels in the waters of the Colony. (f) Works facilitating communication by water. (g) Works providing places of landing and embarka-

tion of passengers.

(h) Works facilitating the movement of the water-

borne trade of the Colony.

(i) Any pipe line for the conveyance of water across

the harbour.

(j) All accessory works which may be necessary or desirable for or ou account of the construction of the said works and the adaptation of the adjoin- ing areas.

(3) Such accessory works shall include the follow- ing:-

(a) Closing, or diverting, narrowing, widening, rais- ing, lowering or otherwise altering, permanently or temporarily, drains, sewers and public tho- roughfares.

763

(b) Diverting, raising, lowering or otherwise altering permanently or temporarily, tram lines, water nains, gas mains and overhead and underground or submarine electric lines and cables.

(c) Obtaining materials such as stone, sand and filling material for the works, and conveying such material to the works in any manner what-

ever.

(d) Constructing, maintaining and running tempo- rary constructional tramways, whether aerial or on the ground level, or on staging or otherwise, and constructing, maintaining and running such tramways over, under or across the lines of the Hong Kong Tramway Company Limited or of any other Company authorized to lay tram lines (e) Erecting temporary buildings and piers, and set- ting up and running mechanical contrivances of all kinds for the purpose of constructing the said works.

(A) The constructing of temporary and permanent roadways including kerbing, channelling and surfacing.

(g) Removing and permanently or temporarily alter-

ing piers and landing places.

(h) Any other works whatsoever which the Governor in his discretion may consider to be, or to have been, necessary or desirable for the purpose of affecting the general intention of this Ordinance.

(4) Notification of the approval of any such works by the Legislative Council or the Finance Committee shall be published in the Gazette. This sub-section shall not apply to any works the construction and maintenance of which are validated by section 4.

2. In connection with any such works it shall be lawful Ancillary for the Governor to remove, destroy, divert, stop up, raise, powers. lower, inclose, or otherwise alter such streets, drains, sewers, vacant ground, wharves, piers, landing places, rails and other things as may, in the discretion of the Governor, be necessary or desirable for the purpose of effecting the works authorized by this Ordinance.

4. So far as any such works have heretofore been Past works constructed and maintained such construction and main- legalised. tenance are hereby va idated.

works.

Vict. c. 27,

s. 74.

5. (1) The owner of every vessel or float of timber Liability for shall be answerable to the Government for any damage damage to done by such vessel or float of timber, or by any person employed about the same, to the harbour, or to any works 10 & 11 authorised or validated by this Ordinance or connected therewith, and the master or person having the charge of such vessel or float of timber through whose wilful act or negligence any such damage is done shall also be liable to make good the same; and the Government may detain any such vessel or float of timber until sufficient security has been given for the amount of damage done by the

same.

(2) Any claim or other proceedings by the Government under this section may be brought in the name of the Attorney General.

(3) Nothing in this section shall be deemed to authorise the arrest of, or proceedings against, any vessel which is the property of His Majesty or of any foreign State.

6. All public and private rights of navigation or fish- Determina- ing, and all public and private rights of access, user, tion of public possession or occupation, and all other public or private and private

rights. rights (if any) in, upon and over such portions of the foreshore, sea bed and land as are or shall be occupied by such works, are hereby extinguished and shall be deemed

Property

occupied by public works

vested in Crown.

Provision for claims.

Powers of judge in claims of

764

to have ceased to exist prior to the commencement of the said works provided that in the case of temporary works all such public and private rights shall be deemed to be in abeyance only for so long as such works remain in existence.

7. The foreshore, sea bed and land occupied by such works is hereby declared to be absolutely the property of the Crown, free from any restriction whatever.

8.-(1) Any person intending to make any claim in respect of the extinguishment or alleged extinguishment, under this Ordinance, of any private right, or in respect of any injurious affection of any property by reason of any authorised works, shall deliver to the Director of Public Works within three months from the publication in the Gazette of the notification of approval but not thereafter, a written claim stating the nature and particulars of the alleged private right and the amount which he seeks to recover.

(2) The Governor may, if he thinks fit, enter into an agreement with any claimant for the compromise or settlement of any claim.

(3) If the Governor makes no acceptable offer of settle- ment or compromise within two mouths of such delivery of the written claim the claimant may within three months of such delivery notify the Director of Public Works that he desires a reference to a judge; and the Governor shall thereupon refer the claim with the particulars thereof to such one of the judges as the judges may mutually

arrange.

(4)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, 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 taxed by the Registrar of the Supreme Court.

(5) No appeal shall lie from any award or decision of a judge under this section.

9. For the purposes of the bearing of any claim for compensation, such judge shall have powers similar to those vested in the Supreme Court on the occasion of any compensation. action in respect of the following matters:

Public and

not recog- nised.

(a) enforcing the attendance of witnesses and exami-

ning them upon oath, or otherwise;

(b) compelling the production of documents ; (c) punishing persons guilty of contempt;

(d) ordering inspection of any premises; and

(e) entering upon and viewing of any premises.

10. No claim shall be made in respect of any public other rights right, and, except as in this Ordinance provided, no claim shall be made, nor shall any compensation be paid, or compromise, or settlement made in respect of the extin- guishment of any private right or alleged private right under the provisions of section 6 of this Ordinance, or in respect of any injurious affection of any property by reason of the authorised works.

No nelarge- ment of compensation rights.

11. Nothing in this Ordinance shall be deemed to recognise or create any right or claim, or any greater right or claim to compensation than but for this Ordinance would exist and be recognised and enforceable by action in the Court.

765

12. Nothing in this Ordinance shall be deemed to Foreshore recognise any foreshore rights whatever against the rights not Crown, or be in derogation of any of the powers or rights recognised.

Saving of of the Crown.

rights of the Crown.

No. 8 of 1906.

13. Nothing in this Ordinance shall be deemed to Saving of authorise the construction of any works within or inter- Admiralty fering with the Admiralty works authorised by the Naval rights. and Military Works Ordinance, 1906, without the previous consent of His Majesty's Lords Commissioners of the Admiralty.

Objects and Reasons.

1. Some of the extensive reclamations and Govern- ment pier constructions carried out in the past have been undertaken under statutory authority such as the Praya Reclamation Ordinance, 1889, the Piers Ordinance, 1899, the Foreshores and Sea Bed Ordinance, 1901, the Harbour or Refuge Ordinance, 1909, and the Praya East Reclama- tion Ordinance, 1921. The decision to construct piers in connection with the proposed establishment of a Ferry Service for vehicles as well as passengers, which has been recently authorised by resolution in the Legislative Council, renders it desirable to make statutory provision for such work as well as for other public works affecting the foreshore and sea bed. Section 2 (1) of this Ordi- nance is derived from section 3 of Ordinance No. 15 of 1901 and sections 2 and 6 of Ordinance No. 39 of 1909. Sec- tion 2 (2) gives particulars of the general nature of the works contemplated. Section 2 (3) is derived from section. 2 of Ordinance No. 17 of 1921. Section 2 (4) provides for notification in the Gazette, except for works, such as the harbour pipe line validated by section 4.

2. Section 5 (1) of this Ordinance, which is based on section 74 of the Harbours, Docks and Piers Clauses Act, 1847, (10 & 11 Vict. 27), is designed for the protection of such works, and is considered especially necessary for the protection of the Harbour pipe line specified in section 2 (2) (i). The proviso to section 74 of the Act of 1847 is omitted as pilotage is not compulsory in the Colony (c.f. Ordinance No. 11 of 1930, ss. 11 and 28). Section 5 (2) provides for claims and other proceedings by the Govern- ment under this section being brought in the name of the Attorney General. (c.f. Ordinance No. 10 of 1899, ș. 17 (7), and Section 5 (3) makes it clear that proceedings in rem cannot be taken against a British or foreign man of war (V. 1 Halsbury paragraphs 121, 122).

3. Sections 3, 4, 6, 7, 9, 10 and 12 of this Ordinance are based on sections 5, 7, 8, 10, 13, 11 and 9 respect- ively of Ordinance No. 39 of 1909, with this important distinction that section 8 (which is derived from section 12 of Ordinance No. 39 of 1909 and from section 3 of Ordinance No. 15 of 1901 as amended in 1932) and section 1 of this Ordinance, unlike section 12 of the 1909 Ordinance make it clear that claimants must prove their rights to compensation independently of this Ordinance before it can be awarded under this Ordinance.

4. Section 13 saves the rights of the Admiralty in respect of the Naval Yard area (v. Dispatch No. 130 from the Secretary of State, dated 7.5.32).

July, 1932.

C. G. ALABASTER,

Attorney General.

766

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. S. 302.-It is hereby notified that information has been received from H.B.M. Consul-General at Bangkok to the effect that Hong Kong has been declared by the Siamese Authorities an infected port on account of Cholera as from 20th August, 1932.

17th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 303.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

Cholera.

Wuchow.

Do.

Cholera.

Dairen.

Do.

19th August, 1932.

Notification No. 362 of 8th June. 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July,

1932.

Notification

No. 448 of 7th July,.

1932.

Notification

No. 475 of 18th July, 1932.

Notification No. 510 of 2nd August

1932.

Notification No. 533 of 18th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

767

COLONIAL SECRETARY'S Department.

No. S. 304.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April,

1924.

30th April, 1926.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October,

1926.

No. S. 301,

Straits Settlements.

Hong Kong declared an infected port on account of 26th February,

small-pox.

No. S. 97.

1932.

Port Swettenham

Do.

8th March,

No. S. 98.

1932.

(F.M.S.)

Straits Settlements.

Quarantine Restrictions imposed against arrivals from Hong Kong on account of Cerebro-Spinal Meningitis.

28th April,

No. S. 175.

1932.

Port

Do.

29th April,

No. S. 176.

Swettenham.

(F.M.S.)

Netherland Indies.

1932.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

Straits Settlements.

1st July,

1932.

No. S. 258.

Do.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

Shanghai.

Do.

14th July,

1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270,

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

Bangkok.

19th August, 1932.

29th July, 1932.

No. S. 289.

Do.

20th August, 1932.

No. S. 302.

E. R. HALLIFAX,

Colonial Secretary.

768

PUBLIC WORKS DEPARTMENT

　　　No. S. 305.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Clinic, Tsim Sha Tsui", will be received at the Colonial Secretary's Office until Noon of Monday, the 29th day of August, 1932. The work consists of site preparation and the erection of a Clinic.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

13th August, 1932.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 306.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 6th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in

Annual

Upset

sq. feet.

Rental. Price.

feet. feet. feet.

feet.

$$$$

About

Kowloon Inland Lot No. 2985.

Ha Heung Road, To Kwa Wan.

As per sale plan.

3,162

2,372

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

19th August, 1932.

R. M HENDERSON,

Director of Public Works.

769

PUBLIC WORKS DEPARTMENT.

　　No. S. 307.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 6th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in

Sq. feet.

Annual Upset

Rent.

Price.

feet.

feet. feet.

feet.

About

New Kowloon Inland Lot

Junction of Cheung Sha Wan Road

As per sale plan.

5,640 104

22,560

No. 1922.

and Maple Street, Shamshuipo.

　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

19th August, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 308.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 6th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in

Sq. feet.

Annual Upset Rent. Price.

feet. feet. feet.

feet.

About

New Kowloon

Inland Lot No. 1923.

Junction of Cheung Sha Wan Road

As per sale plan.

16,610 306 66,440

and Poplar Street, Shamshuipo.

　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

19th August, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors,

No. 18 of 1932.

Re Wat Chin Yu of No. 288, Queen's Road West, Victoria, in the Colony of Hong Kong, Employee.

Petition dated the 21st day of June, 1932. Receiving Order dated 12th day of August, 1932.

OTICE is hereby given that Thursday. the 25th day of August, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 19th day of August, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of John Finlay McPhun late of Cecilia Bank, Garelochhead in the County of Dumbarton Scot- land, Clerk in Holy Orders M.B., C.M., deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of the Probate Ordinance No. 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the

10th day of September, 1932.

All creditors and others are accordingly

hereby required to send their claims to the

undersigned on or before that date.

Dated the 19th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Erecutrix,

Prince's Building,

Ice House Street, Hong Kong.

HONG KONG & SHANGHAI BANKING CORPORATION.

NOTICE is hereby given that the Certi-

771

HONG KONG TELEPHONE

COMPANY, LIMITED.

OTICE is hereby given that on the 14th of June, 1932, the Directors of this Company passed a resolution making the Final Call of $2.50 per share upon the members holding shares upon which only $7.50 per share has been paid, and that such Call will be payable to the Bankers of the Company, The Hong Kong & Shanghai Banking Corporation, at their lead Office, No. 1, Queen's Road Central, Victoria, Hong Kong, on the 30th day of September, 1932.

The Transfer Books of the Company will be Closed from the 9th September to the 15th September, 1932, both day's inclusive.

By Order of the Board,

W. L. McKENZIE, Secretary.

Hong Kong, 19th August, 1931.

GREEM ISLAND CEMENT COMPANY, LIMITED.

OTICE is hereby given that at a Meeting of the Board of Directors of Green Island Cement Company, Limited, held at Exchange

EXTRAORDINARY RESOLUTION.

PASS

THE Too FarT COMPANY, LIMITED.

ASSED as an Extraordinary Resolution at an Extraordinary General Meeting of the Company held at the Company's Office, Prince's Building (Second Floor), Victoria, in the Colony of Hong Kong on the 11th August, 1932 :--

"That the company cannot by reason of

its liabilities continue its business: that it is advisable to wind up the same and that Mr. Li Tung of the No. 10, Des Voeux Road Central, Victoria, Hong Kong be appointed as Liquidator."

Dated this 12th day August, 1932.

C. H. CHEN, Chairman of the Meeting.

In the Matter of The Companies Ordi-

nances 1911-1921,

and

In the Matter of the Tung Fat Company,

Limited.

(IN VOLUNTARY LIQUIDATION).

URSUANT to Section 181 of the Companies

Building, Victoria, in the Colony of Hong PPANT to 1911, notice is hereby given

Kong, on Wednesday, the 17th day of August, 1932, a call of 52.75 per share was made upon all the members holding shares, whose names appear in the Companys' register of share- holders on the 17th day of August, 1932, upon which only $1.00 per share has been paid, and it was determined that such Call should be paid on the 31st day of December, 1932; to the Company's Bankers, The Hong Kong & Shang- hai Banking Corporation at their Head Office, Queen's Road Central, Victoria, aforesaid.

Upon presentation at the office of the Com- pany of Bankers' receipt for the payment of such Call, together with the Certificate of Shares, a note of the payment will be endorsed on the Certificate.

Dated this 17th day of August, 1932.

By Order of the Board, ALLAN KEITH, Secretary.

白告股拆

-號伍達將七雷伍達向啟千營勳伍由月家嵩伍由行九業尙時伍,炎學時伍望棉百仍及權時九等伍權時角强三用麥伍號合于伍琨太織十棉榮學伍拆股贊學伍子業二强衞銘時股營黃銘時道公年織收伍本所業傳伍本門司業支尙伍欠今彥尙伍牌啓公並斌時該經伍斌第事

in the name of Richard Toovey has been Lost,月司繼伍藉號於于伍藉五

ficate No. 6/NS 502 dated Hong Kong,

14th April, 1932, for Five shares of this Bank

numbered 130792/130796 inclusive registered

Stolen or destoryed by Fire, and should this

certificate not he produced to the Bank before

10th September, 1932, a new certificate for

the shares will be issued, and the aforesaid

treated by this Corporation as Null and Void.

名續于伍及拭干伍十字在銘時該千伍銘時一

Certificate No. 6/NS 502 will be thereafter 日此太伍健號九勳伍健號

By order of the Court of Directors,

V. M. GRAYBURN,

Chief Manager.

Hong Kong, 12th August, 1932.

佈子振伍所百尙振伍棉道光時欠三麥光時強五伍沾之十榮伍沾織十時伍賬二衞時伍造一時項及遜時廠

Dovenamed

that a meeting of creditors of the company will be held at the South China Restaurant, China Building, Victoria, Hong Kong at 4 p.m. on Tuesday, the 13th day of September, 1932, for the purposes in that Section prescribed.

Dated this 19th day of August, 1932.

LI TUNG, Liquidator.

白告項承

亦章請上和尙楚銀外啓要給移環隆有以全埠著陳玉永生華前盤各德承錫便步樂意洋所買賬輔頂年前西※欠受項道廣親小蒙街虧萬各經及西和筆號各門亦未號於貨門隆簽自牌與清附英物牌告字後寶二舊祈揭歷舖四白方買號百人向及一底十為入光一無舊來千傢一有各顧上涉人往九私號效貨尙三現理貨百招廣合俱欠號本項三牌和 #找舖堂與等拾等隆廣聲現貨位仍新已二一生和明銀賬照用東由年槪藥隆此並新常囘翕債入歸店新佈無照營廣和團月新全東揭址業和堂按十東盤翕借交隆無數一翕生和等到貴招涉分號和意堂事小客牌以派交堂謹如號光遷後清易備出啓有盖往廣訖清價內

(FILE No. 269 or 1932) TRADE MARKS ORDINANCE, 1909.

Νο1

Application for Registration of

Four Trade Marks.

OTICE is hereby given that Batten and Company of China Building (Third Floor), Queen's Road entral, Victoria, Hong Kong, Import and Export Merchant, have on the 29th day of July, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

RABBIT BRAND

772

www.cam.com

(FILE No. 242 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTAR is hereby given sy Road, Wanchai, have on the 13th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

OTICE is hereby given that Societe Algama

(FILE No. 265 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Stratton & South Wales, Australia, Flour Millers, have Sons, Limited, of Cootamundra, New

on the 30th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CIMENT

PORTLAND

STRATTON

PATENT★

SONS LTP ROLLER

(2)

RABBIT BRAND

(3)

(4)

SCISSORS

HOR

TRADE

MARK

BRAND

"11

　　　　　in the name of Batten and Company, who claim to be the proprietors thereof.

　　　　　　Trade Mark No. (1) has been used by the applicants in respect of Common soap in Class 47 and is intended to be used forthwith by the applicants in respect of Perfumed soap in Class 48.

Trade Mark No. (2) has been used by the ap- plicants in respect of Canned Milk in Class 42. Trade Mark No. (3) is intended to be used forthwith by the applicants in respect of Chemical substances used in manufactures, photography or philosophical research and anti-corrosives in Class 1, and of Raw or partly prepared, vegetable, animal and mineral sub- stances used in manufactures not included in other classes in Class 4, and of Bleaching powder in Class 47.

Trade Mark No. (4) has been used by the applicants in respect of Glass bulbs in Class 15. Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 19th day of August, 1932.

BATTEN AND COMPANY,

Applicants.

ર

MONG

MARK

ERLUSTES

in the name of Societe Algama, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Portland Cement in Class 17.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 12th day of August, 1932.

SOCIETE ALGAMA,

No. 47, Hennessy Road, Wanchai, ·

Hong Kong, Applicants.

(FILE NO. 267 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Shewan Tomes & Company, of St. George's Building, Victoria in the Colony of Hong Kong, have on the 27th day of July, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

FIGHTING

COCK

BRAND

in the name of Shewan Tomes & Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to same forthwith in respect of Flour in Class 42.

use

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

CONQUEROR

COUTAMUNDRA

AUSTRALIA.

in the name of Stratton & Sons, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1893, in respect of Flour in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS,

Solicitors for the Applicants,

No. 1, Des Vœux Road Central, Hong Kong.

(FILE No. 270 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chiu Yin

Knitting Factory of No. 34, Nullah Road, Mongkok, in the Colony of Hong Kong, have, on the 3rd day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Mark of the following Trade Mark,

viz :-

廠造織然超 ̇

商標

CHIU YIN FACTORY

in the name of Chiu Yin Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 38 in respect of Articles of Clothing.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 19th day of August, 1932.

RUSS & CO., Solicitors for the Applicants,

No. 6, Des Vœux Road Central,

Hong Kong.

(FILE No. 240 of 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of a Trade Mark,

OTICE is hereby given that Farleigh

773

(FILE No. 235 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Sino

German Dispensary of No. 8A, Wing Lok Street East. Victoria, in the Colony of Hong Kong, have by an application dated the 7th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

"Young Men's Friend."

(FILE No. 315 OF 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Stanco Incor-

Koto

F.N. & Co.

SOLE LEATHER

in the name of Farleigh Nettheim and Com- pany, who claims to be the sole proprietors thereof.

The applicants disclaim the right to the exclusive use of the words "F. N. & Co."

Representations of the Horse Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 15th day of July, 1932.

HIMLY LIMITED,

No. 32, Connaught Road Central, Hong Kong,

Agents for the Applicant.

(FILE No. 207 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chan Oi Chee

　　　　trading as Tran Duonghy Duong of No. 515, Nathan Road, Kowloon, Hong Kong, has on the 10th day of June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRANSSENCHY

DƯƠNG

(青年萇友)

in the name of The Sino German Dispensary, who claim to be the proprietors thereof.

Such Trade Mark has been used by the applicants in respect of Medicines in Class 3 since May, 1932.

A representation of such Trade Mark can be seen in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of July, 1932.

THE SINO GERMAN DISPENSARY, No. 8A, Wing Lok Street East, Hong Kong Applicants.

(FILE NO. 186 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Rockne Motors Corporation, a Corporation or- ganized and existing under the laws of the State of Delaware, United States of America, and carrying on business as Manufacturers, with a principal place of business at 635 South Main Street, City of South Bend, County of St. Joseph, State of Indiana, United States of America, have, on the 30th. day of May, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of Stanco Incorporated, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 10th. October, 1921, in respect of the following goods :

Lubricating oil, in Class 47.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

FILE No. 233 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

NOTICE is hereby given that the Lee Chong

WORCESTERSHIRE SAUCE TRADE MARK

FOR ROAST MEAT STEAKS CUTLETS CHOPS

FISH CURRIES GRAYIES & GAME

| Possessing a peculiar piguancy & framn the superiority

its taste is more generally useful than any other sake!

obtainable At all stores Grocers and Warehouses

標

商鴨

註

堂頤養

陳

in the name of Chan Oi Chee trading as Tran

Duonghy Duong, who claims to be the pro-

prietor thereof.

　　　The Trade Mark is intended to be used forth- with by the applicant in respect of Patent Medicines in Class 3.

The applicant disclaims the right to the exclusive use of the words "Tran Duonghy Duong."

Representations of the above Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of July, 1932.

CHAN OI CHEE TRADING AS TRAN DUONGHY DUONG,

No. 515, Nathan Road, Hong Kong, Applicants.

ROCKNE

in the name of Rockne Motors Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 15th. April, 1932, in respect of the following goods :-

Automotive Vehicles, in Class 22.

Dated the 17th day of June, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building, Hong Kong.

INDIAN CONDIMENTS

TRADE MARK.

GUARANT EED SUPERIOR QUALITY

in the name of the said Lee Chong Loong Firm, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the Applicants in respect of Sauces in Class 42 and Condiments in Class 42 respectively.

Dated the 15th day of July, 1932.

HASTINGS, DENNYS & BOWLEY Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong,

بیدل تھی

774

(FILE No. 268 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOT

OTICE is hereby given that The Good- year Tire & Rubber Company, a cor- poration organized under the laws of the State of Ohio, in the United States of America, locat- ed and doing business at No. 1144, East Market Street, Akron, in the County of Summit, State of Ohio, U.S.A., Manufacturers, have on the 28th day of July, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

TU-TONE

in the name of The Goodyear Tire & Rubber Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 25th. March, 1931, in respect of the following goods :-

Goods manufactured from india-rubber and gutta-percha not included in other classes, in Class 40.

Dated the 19th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

REGULATIONS OF HONG KONG

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770

LEGISLATIVE COUNCIL.

Draft Bills.

No. S 309.-The following bills are published for general information :-

C.S.O. 1/5658/31.

A BILL

[No. 35-8.7.32.-1.]

Short title.

Substitution

for ss. 37

and 38 of Ordinance No. 7 of 1875.

Application

of Ordin-

ance.

Marriages under this Ordinance

are

INTITULED

An Ordinance to amend the Marriage Ordinance, 1875.

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. Section 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 region 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. Every marriage under this Ordinance shall be a Christian marriage or the civil equivalent of a Christian marriage.

Christian or equivalent thereto.

Objects and Reasons.

1. Section 37 of the principal Ordinance permitted Chinese persons who had already contracted a customary marriage to contract a registered marriage under the Ordinance.

2. Section 38, whilst containing saving as to section 37, provided that the Ordinance should apply to all marriages where neither of the parties has living an undivorced husband or wife except marriages between persons neither of whom professes the Christian religion duly celebrated according to the personal law and religion of the parties.

3. This Ordinance repeals both sections and substitutes new sections which whilst not requiring the general registration of customary marriages yet permits the parties to such marriages to contract a marriage under the Ordinance without prejudice to the previous customary marriage and which de- clare that every marriage under the principal Ordinance shall be a Christian marriage or the equivalent of a Christian marriage.

July, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O. / in 5658/31.

777

[No. 18-18.8.32.-7.]

A BILL

INTITULED

An Ordinance to confer on the Supreme Court Jurisdiction in

Divorce and Matrimonial causes.

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.

tation.

2. In this Ordinance, unless there is something repugnant Interpre- in the subject or context,

"The court" means the Supreme Court or a Judge

thereof;

"Minor children" means unmarried children who in the opinion of the court have not attained the age of twenty-one years;

"Desertion" implies an abandonment against the wish of

the person charging it.

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.

(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.

power to grant relief.

Grounds

for divorce.

Contents of petition.

Adulterer

to be

made a co- respondent.

Scope of

inquiry by the court.

Absence of collusion or

778

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 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 condonation. conniving at the adultery, or has condoned the same, and shall also inquire into any countercharge which is made against the petitioner.

Dismissal of petition.

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.

779

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.

10. No adultery shall be deemed to have been condoned Condonation

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of adultery. 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 court praying that his or her marriage may be declared null and void.

Petition for nullity of marriage.

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.

nullity.

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.

Children

of annulled marriage.

When

decree misi to be made absolute.

Grounds for judicial separation.

- 780

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 of 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 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

781

―

the application should not be granted, may decree judiciai 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.

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

wife after 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 absence of

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 reversal of such decree on the ground that it was obtained in his or her absence and that there was reasonable excuse 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.

wife has

20.--(1) When either the husband or the without reasonable excuse withdrawn from the society of the other, either wife or husband may apply hy 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.

husband or reversed. wife may be

Petition for restitution

of conjugal rights.

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.

Settlement of wife's property.

Power to vary

Non-

orders.

compliance

with decree

desertion.

782

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 other 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.-(1) 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

(2) When any husband who has been guilty of desertion. by failure on his part to comply with a decree for restitution of conjugal rights has also been guilty of adultery, the wife may forthwith present a petition for dissolution of her marriage, and the court may pronounce a decree nisi for the dissolution of the marriage on the grounds of adultery coupled with desertion.

(3) Such decree nisi shall not be made absolute until after the expiration of such time, not less than three calendar months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.

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

783

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 Proviso. 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

(b) if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married

woman.

Alimony.

28.-(1) In any suit under this Ordinance, whether it Alimony is instituted by a husband or a wife, the wife may present a pendente 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.

lite.

29.--(1) On any decree absolute for dissolution of Permanent marriage or for nullity of marriage, or on any decree of alimony. 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.

(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 monthly or 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).

(3) If the husband afterwards from any cause becomes unable to make such payments, the court may discharge or or alteration

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Discharge modify the order or temporarily suspend the same 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

of order for alimony.

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 that the means of the husband have increased, the court alimony.

Court

may direct

payment of alimony to wife or to

her trustee.

784

may, if it thinks fit, increase the amount payable under the order.

30. In all cases in which the court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved of by the court, and may impose any terms or 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.

Inquiry into existence of ante-nuptial or post- nuptial

settlements.

Fowers

of the

court as to settlements.

Custody of children,

(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 cour! 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.

32.-(1) 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

785

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.

Procedure.

35. Subject to the provisions herein, all proceedings Procedure. 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.

Appeals.

orders.

42. (1) All decrees and orders made by the court in Enforce- proceedings under this Ordinance shall be enforced, and may ment of be appealed from, as if they were decrees or orders made by the court in the exercise of its original civil jurisdiction. Appeals.

Appeal to King in Council.

786

(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 intervention on terms.

Suits for criminal conversation abolished.

Power to make rules.

Pules to be laid before Legislative Council.

Bringing rules into operation.

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 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.

46. No person competent to present a petition under sections 4 and 5 shall maintain a suit for criminal conversa- tion with his wife.

47.--(1) The Chief Justice may make rules to fix and regulate the fees and costs payable upon all proceedings in 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 this Ordinance, certified under the hand of the Chief Justice, shall be transmitted by him to the Governor, to be laid before the Legislative Council.

(4) No rule under this Ordinance shall come into opera- tion until it has been approved by resolution of the Legislative 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.

(

787

48. This Ordinance shall not come into operation unless Suspend- and until the Governor notifies by Proclamation that it is His ing clause. 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.

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.

•

Between C. B.,

and

A. B.

Petitioner.

Respondent.

This

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).

(General Heading).

The Petition of A. B. (state description of the

husband and the place of residence).

SHEWETH:

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 bë described with exactness).

3. That the said marriage was a Christian marriage (or the civil equivalent of a Christian marriage).

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).

788

children,

survive; that is to say (give names

5. That on the

between that day and

committed adultery with X. Y.

day of

(Or)

and on other days

the said C. B. at

That during the

day of

may be) X. Y. frequently visited

period at

with the said X. Y.

years immediately preceding the (or as the case

the said C. B. at

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 Fetitioner 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

1, 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.

No. 3.

(Signed) A. B.

PETITION BY A WIFE FOR DISSOLUTION OF HER MARRIAGE, CONTAINING EXAMPLES OF VARIOUS CHARGES ON WHICH SUCH A PETITION MAY

BE GROUNDED.

SHEWETH:

(General Heading).

The Petition of C. B. (siate place of residence).

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).

lawfully

3. That the said marriage was a Christian marriage (or the civil

equivalent of a Christian marriage).

789

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 of whom

ages).

children.

survive; that is to say (give names and

5. That on or about the.

day of

Charge of

the said adultery.

A. B. committed adultery with Y. Z. (or with a female whose name is at present unknown to your Petitioner).

(Or)

That from about the month of

month of

the said A. B. at

to about the

lived and cohabited and habitually committed adultery with a woman. named Y. Z.

That on the

the person of

(Or)

day of

Charge of

the said A. B. committed rape on rape, etc. (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 decree 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. 2.1

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

790

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.

'To

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).

No. 7.

PRÆCIPE FOR CITATION.

(General Heading).

Citation for

to appear in a suit for

(Signed)

by reason of (state reason)

Petitioner or his

Solicitors

Address

Address of parties to be cited.

791

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.) at

, 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. B. (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.

792

Wherefore the respondent prays that this Honour- able Court will reject the prayer of the said petition.

(Signed) C. B.

Condona- tion.

Connivance.

Collusion

Unreason- able delay.

Neglect or misconduct

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 in the said petition.

3. That the petitioner has connived at the acts of adultery (if any) alleged in the said petition.

4. That the said petition is collusive, and was presented (or prose- cuted) by agreement between the petitioner, the respondent and the co-respondent.

5. That the petitioner has been guilty, of unreasonable delay in presenting (or prosecuting) his said petition, for whereas the said supposed acts of adultery are alleged to have taken place on

petitioner did not file his

petition until

yet the

6. That the petitioner has been guilty of such neglect (or mis- ronduct) as has conduced to the said alleged adultery (if any) inasmuch 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

Denial

Condona.

tion.

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, (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 in the said petition.

793

4. That the petitioner has connived at the adultery (if any) alleged Connivance. 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.

Denial of knowledge

that respon- dent was a married

Wherefore the said X. Y. prays that this Honour- woman. 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

Whereas C. B.,

(Signed) C. B.

No. 16.

CITATION BY RESPONDENT.

(General Heading.)

, claiming to have been lawfully

married to A. B., of

has filed her petition against him in the Registry of Our said Court,

(

794

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 hereof 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:

1. That on the

day of

in 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 of

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

8 That on the said

when the said ceremony of marriage took place between your petitioner and the said A. B., the said A. B. was and for me 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

day 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., the wife of the said A. B., was still living.

11. That there is no collusion or connivance between her and the said A. B. with respect to the subject of this suit.

譬

795

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

•

has filed his

day of

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 grounds 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 solicitor), 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 denies 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.

796

No. 20.

PETITION BY WIFE FOR JUDICAL SEPARATION ON THE GROUND OF

HUSBAND'S ADULTERY.

(General Heading.)

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 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

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:--

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 CH) as in the fifth paragraph of the petition alleged.

5. That the petitioner condoned the said adultery with R. S., it any (or as the case may be).

Wherefore the respondent prays that this Honour- able Court will reject the prayer of the said petition

(Affidavit as in Form No. 12).

(Signed) A. B.

797

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 day of

until the from her said husband as hereinafter more particularly mentioned, when your petitioner separated 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 month 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 prevented from so doing only by the interference of F. D., your petitioner's brother.

was

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 violet 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 servere 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 cohabitation with him.

never returned to his house or to

798

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 decree 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

day of

lawfully married to

The said marriage was a Christian marriage (or the civil equivalent

of a Christian marriage).

799

2. That on the

Court at the petition of

day of

this Honourable 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.]

(Signed)

A. B.

No. 27.

PETITION FOR RESTITUTION OF CONJUgal Rights.

(General Heading.)

The petition of C. B. of

SHEWETH:

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. 2.1

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.

800

(Or)

That by reason of the circumstances hereinafter set forth, the 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, and 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).

A. B. of

Whereas C. B. of

claiming to have been lawfully

(a) The petitioner

should state her husband's income as accurately as possible.

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.

PETITION 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 other 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, subject to the life interest 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 hsusband 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.

[Affidavit as in From No. 2.]

(Signed) C. B.

I, A. B. of

801

No. 31.

ANSWER TO PETITION FOR ALIMONY.

(General Heading.)

ร

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 $

　　　　　　　　　　belonged 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 herein before 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 shali 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.

No. 32

(Signed)

A. B.

PETITION FOR VARIATION OF SETTLEMENTS.

(General Heading.)

The Petition of C. B., the lawful wife of A. B.

SHEV

WETH:

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.

802

(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 there set out particulars of the settled property) upon trust, 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 one-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.

I, L. M. of

(General Heading.)

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 and that no leave has been obtained by the Attorney General, or by

day of 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 or

803

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.

(Signed)

L. M.

Sworn at

this

day of

Before me,

Commissioner to administer oths.

Objects and Reasons.

This Ordinance is based on the precedent of Ordinance No. 123 of the Straits Settlements, the variations from which are indicated in the Table of Correspondence.

August, 1952.

C. G. ALABASTER,

Attorney General.

804

TABLE OF CORRESPONDENCE.

Straits

Settle-

New

ments

Hong Kong

Ordinance

No. 123

Section.

ลง

4 (1)

4 (2)

Remarks.

4 (1)

4 (2)

4 (8)

Short title.

"for the time being" added after "Eng-

land".

paragraph (4) substituted for the paragraph of the S.S. Ordinance which required that the petitioner should profess the Christian religion.

redrafted. Necessity for local celebration in nullity cases retained but paragraph requiring petitioner's profession of Christian religion omitted.

redrafted. Also "were" substituted for

"reside" in penultimate line.

"A" substituted for "any" in sub-sections (1) and (2) owing to provisions of section 4 (1). Paragraphs (a) and (b) (ii), (iii), (v) and (vi) in S.S. Ordinance omitted. "incestuous" deleted.

4 (3)

∞ ∞

173

བ。

In sections 7, 8 and 9 "going through the said form of marriage or the" deleted.

"not" transposed in paragraph (a).

"A" substituted for "Any" owing to pro-

visions of section 4 (2).

"Colony" substituted for "place in which

it was celebrated", see section 4 (2)

"A" substituted for "Any" owing to pro-

visions of section 4 (8).

Straits

805

Table of Correspondence,--Continued.

Settle-

ments

Ordinance

No. 123

Section.

New Hong Kong Ordinance

Section.

225

Remarks.

"Counsel' substituted for "Advocate"

Reference to 1912 omitted.

2296

375

"said" deleted in sub-section (3).

"counsel' substituted for "advocate'.

"Code of Civil Procedure for the time being in force" substituted for "Civil Procedure Code".

38 (1)

"or between the petitioner and the oo- respondent, if any" added in sub-section (2). See section 8 (d).

"Code of Civil Procedure for the time being in force' substituted for "Civil Procedure Code".

"or allow service by notice published in

the Gazette added.

38 (2)

"Full Court" substituted for "Court of

Appeal" twice.

Sections 45 and 46 of the S.S. Ordinance which provided that Church of England clergy should not be liable to penalty or censure for refusing to solemnize certain marriages and for the celebration of such marriages by other persons have been

806

Table of Correspondence,-Continued.

Straits

Settle-

ments

Ordinance

No. 123

New Hong Kong Ordinance

Section.

Sectiou

Schedule.

Remarks.

omitted from the Hong Kong Ordinance as the Church of England has not been established in the Colony.

Schedule.

"Chief Justice" substituted for "Judges of the Supreme Court or any of them of whom the Chief Justice shall be one". Paragraph (6) added.

Suspending clause required by Article 26

(1) of the Royal Instructions.

The forms in the Schedule have been alter- ed to conform with the differences between the Hong Kong Ordinance and the Straits Settlements model.

807

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　No. S. 310.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore to the effect that the Restrictions gazetted as Nos. S. 97 and S. 175 have been removed.

26th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 311.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore to the effect that the Restrictions gazetted in notifications Nos. S. 98 and S. 176 have been removed.

26th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 312.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

Netherland Indies.

Federated

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

Settlements.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July, 1932.

No. S. 260.

Philippine

Do.

Islands.

7th July, 1932.

No. S. 261.

Shanghai.

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

All ports in the

Do.

United States

15th July, 1932.

18th July, 1932.

No. S. 263.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

Bangkok.

Do.

29th July, 1932.

20th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

No. S. 289.

No. S. 302.

26th August, 1952.

808

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 313.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Cholera.

Dairen.

Do.

26th August, 1932.

Authority.

Notification No. 362 of 8th June. 1932.

Notification No. 446 of 5th July, 1932.

Notification No. 447 of 6th July,

1932.

Notification No. 448 of 7th July, 1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August, 1932.

E. R. HALLIFAX,

Colonial Secretary.

BOTANICAL AND FORESTRY DEPARTMENT.

　　　No. S. 314.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for making, clearing and repairing Forestry Paths and Fire Barriers, 1932", will be received at the Colonial Secretary's Office until Noon of Monday, the 12th September, 1932, for making, clearing and repairing forestry paths and fire barriers for the Botanical and Forestry Department.

For forms of tender, specifications and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

26th August, 1932.

H. GREEN,

Superintendent.

809

HARBOUR DEPARTMENT.

No. S. 315.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to No. 4 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 9th day of September, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

26th August, 1932.

Harbour Master, &c.

HARBOUR DEPARTMENT.

　　No. S. 316.-Tenders are invited for the supply of one double skinned teakwood shallow draft launch to be built in accordance with a plan and specification which may be obtained at the Office of the Government Marine Surveyor, 5th Floor, P. & O. Building.

　　A deposit of $50 will be required to be deposited with the Honourable Colonial Treasurer and a receipt obtained from each applicant for the plan and specification; the deposit to be released only upon the receipt of a bona fide tender.

　　Successful tenderer will be required to supply purchaser with duplicate copies of all plans.

　　The hull, machinery and equipment to be of first class material and workmanship to the entire satisfaction of the Government Marine Surveyor.

Tenders to state the earliest day of delivery and failing completion within such time, deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $50 for each and every subsequent day until and including the date of due completion of the work.

Tenders in quintuplicate will be received at the office of the Colonial Secretary up to Noon, the 16th September, 1932.

The Government does not bind itself to accept the lowest or any tender.

23rd August, 1932.

G. F. HOLE,

Harbour Master, &c.

810

PUBLIC WORKs DepartmENT.

No. S. 317.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday,. the 12th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

New Kowloon

Inland Lot

No. 1927.

Adjoining

New Kowloon

Inland Lot No. 1457,

Un Chau Street, Shamshuipo.

Contents

in Sq. feet.

Annual Upset Rent. Price.

feet.

feet. feet.

feet.

€9-

About

As per sale plan.

1,440

3,600

　　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

26th August, 1932.

R. M. HENDERSON,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

　　　No. S. 318.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 12th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual

Upset

Rent.

Price.

feet.

feet. feet.

feet.

About

Shaukiwan

Inland Lot No. 554.

Adjoining Shaukiwan Inland Lot No. 495,

As per sale plan.

11,360 208 5,680

'on the S.W. side of the

Shaukiwan-Tytam

Tuk Road.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

26th August, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 16 of 1932.

Notices of Public Examination.

Re The Sai Shing Cheong Kee of No. 146, Des Voeux Road West, (ground floor), Victoria in the Colony of Hong Kong, Salt fish Dealers.

OTICE is hereby given that the Public Examination of the debtor Chu Yat Lau, sole owner of the above named debtor firm will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 3rd day of September, 1932, at 10 a.m.

No 17 of 1932.

Re Carlos Victor Castro, of No. 14, Caroline Road, (first floor), Victoria in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public Examination of the debtor Carlos Victor Castro will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 3rd day of September, 1932, at 10 a.m.

No. 18 of 1932.

Re Wat Chin Yu of No.288, Queen's Road West, Victoria, in the Colony of Hong Kong, Employee.

NOTIC

OTICE is hereby given that the Public Examination of the debtor Wat Chin Yu will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 3rd day of September, 1932, at 10 a.m.

Dated the 26th day of August, 1932.

E. L. AGASSIZ,

Official Receiver.

N PURSUANCE of Section 4 of the Church of England Trust Ordinance 1930, Ordin-

　　　ance No. 2 of 1930, it is hereby notified that the following change has been made in the Constitution of the Trustees of the Church of

England, in the Diocese of Victoria, Hong Kong.

JOHN HERBERT HUNT, to be a l

Trustee, vice REGINALD

DOWSETT THOMAS.

「as represent-

ing St.

Andrew's

Church,

Kowloon.

Dated the 23rd day of August, 1932.

THE CHINA LAND & INVESTMENT

CO., LTD.

(IN LIQUIDATION).

NOTICE is hereby given in pursuance of 1911, that the Final Meeting of Members wiIII

Section 188 of the Companies Ordinances

be held at the offices of Messrs. Percy Smith, Seth & Fleming, No. 6, Des Voeux Road Central,

(4th floor), on Saturday, the 1st day of October,

1932, at 12 o'clock noon, for the purpose of

813

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Charles Walter Richards late of " Littlebere," Arundel Road, Chean, in the County of Surrey, England, Gentleman, deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of the Probate Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 17th day of September, 1932.

All creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 26th day of August, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Erecutors, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Charles Mackintosh LL.D. late of 16 Old Broad Street, in the City of London and 4 Whitehall Court in the County of London formerly of 2 Egerton Place Chelsea in the said County Solicitor, De- ceased.

NOTICE is hereby given that the Court has

by virtue of the provisions of Section 58 of the Probate Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 17th day of September, 1932.

All creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 26th day of August, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executors, Prince's Building,

Ice House Street,

Hong Kong.

白告股拆

IN THE SUPREME COURT OF HONG KONG.

COMPANIES (WINDING-UP.)

No. 3 of 1931.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of The Hong Kong Excavation Pile Driving and Con- struction Company, Limited.

NOTICE OF INTENDED DIvidend.

OTICE is hereby given that it is intend- ed to declare a First Dividend in the above matter, and creditors, Who Have Not Already Done So, are required on or before the 30th day of October, 1932, to send their names and addresses, and particulars of their debts or claims and the names and addresses of their Solicitors, if any, to the Undersigned, the Liquidator of the said Company, and are also required by their Solicitors or personally to come in and prove their said debts or claims at the Office of the Official Receiver, Supreme Court, on any Week Day (except Saturday), between the hours of 10 A.M. and 4 P.M., or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 26th day of August, 1932.

E. L. AGASSIZ, Official Receiver and Liquidator.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Foo Khee How other- wise known as Foo Yong Wah, late of No. 8 Lorong 33 Geyland Road, Singapore, Trader, deceased.

OTICE is hereby given that the Court has by virtue of Section 58 of Probate Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 18th day of September, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 26th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Administrator, Prince's Building,

Ice House Street, Hong Kong.

白告意生項承

一與字弟港等東四五按九承號公軒擬美十條照三頂營司鯉於酒三第一二人業承詩一廠號三九

一號伍達將七雷伍達向啟千營勳伍由月家嵩伍由者九業尙時伍什學時伍望棉百仍及權時九等伍權時角强三用麥伍號合于伍琨太織十棉榮學伍拆股贊學伍子業 RAZ 二强衞銘時股營黃銘時道公年織收伍本所業傳伍本門司承出年無受道九生崔節業支尙伍欠今彥尙伍牌啓頂八涉出交一三意東布公並斌時該經伍斌第事人預月此項易百二全美告年

崔廿布人後九年盤總事

五日承十九傢行頂號前項號月私及生有人三廿什新者意任仍樓七物界香則何用崔號舖柴港例崔德頂底灣閣第東安與招角麟二概美兄香牌崔街十

having an account laid before them showing 月司繼伍藉號於于伍藉五

the manner in which the winding up has been

conducted and the property of the company

disposed of, and of hearing any explanations

that may be given by the Liquidator, and also

the manner in which the books, accounts and

名續于伍及-拭干伍十字在銘時該千伍銘時一

of determining by Extraordinary Resolution 日此太伍健號九勳伍健號

documents of the Company and of the Liquidator

thereof shall be disposed.

Dated this 20th day of August,1932.

S. HAMPDEN ROSS, Liquidator.

佈子振伍所百尙振伍棉道光時欠三麥光時强五伍沾之十榮伍沾織十時伍賬二衛時伍造一時項及遜時廠

崔德安兄弟公

同東

(FILE No. 294 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The

China Paint Manufacturing Company,

814

(FILE No. 299 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Limited, of No. 33. Castle Peak Road, Cheung NOT

shawan in the Dependency of Kowloon in the Colony of Hong Kong, have on the 15th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of of the following Trade Mark :-

in the name of The China Paint Manufacturing

　　　　　Company, Limited, who claim to be the pro- prietors thereof.

The above Mark has not hitherto been used but is intended to be used forthwith by the applicants in respect of Paints, Varnishes, Enamels and Mineral Dyes in Class 1.

Dated the 26th day of August, 1932.

C. Y. KWAN,

Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

(FILE No. 295 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that China Fire-

　　　　　　　works Manufacturing Company of No. 80, (First Floor), Queen's Road West, Hong Kong, and No. 155, Kung Yat Road West, Canton, have on the 16th day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark-

DO NOT HOLD IN HAND AFTER LIGHTING

"RED INJUN BRAND

[OTICE is hereby given that the Sam Young Silk Mill of No. 17, Jervois Street, Victoria, in the Colony of Hong Kong, on the 17th August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

商部

in the name of the said Sam Young Silk Mill, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Silk piece goods in Class 31.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY,*

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 271 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NCTICE is hereby given that The Tse Wo

Cheong Firm of No. 50, Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 3rd day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz :-

(FILE No. 289 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Fritz Schulz

N Jun. Aktiengesellschaft of Harden-

bergstrasse 11, Leipzig, Germany on the 29th day of March, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade- Marks, of the following Trade Mark, viz :-

GEOL

in the name of the said Fritz Schulz Jun. Aktiengesellschaft, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Cleaning and Polishing

preparations and materials in Class 50.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 418 of 1931)

TRADE MARKS ORDINANCE, 1909.

NOT

Application for Registration of a Trade Mark.

OTICE is hereby given that Max Factor & Co., Inc., of Delaware of 1666 North Highland Avenue, Los Angeles, State of California, United States of America, have, by an application dated the 11th day of Sepetem- ber, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Max Factor's

10011

KIMI

「行粉薯昌和謝

中外府注册如有假賞定即官光治仰 | 持用未昌商核以杜經在中共政「無之徒假冒本將名希射利今

产東洲际海州百徐美女兗附和号正4

马青秘ㄢㄐ望技能石妃中外所有 |ˋ身地淨並無雜質而且乾爽雪白大

本案就自行工製造正地道著称發行

廣州市香港澳門

【中華炮竹公司造

FLASHLIGHT FIRECRACKERS EXTRAFINE QUALITY, MADE IN CHINA

KWONG KEE CHEONG PROPRIETORS OF CHINA FIREWORKS MFG. CO. MACAO

in the name of China Fireworks Manufacturing Company, who claim to be the proprietors thereof.

　　　　　　Such Trade Mark has been used by China Fireworks Manufacturing Company in respect of Fire Crackers in Class 20 since July, 1932.

Representations of the above Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 26th day of August, 1932.

CHINA FIREWORKS MANUFACTURING COMPANY,

Applicants.

in the name of the said Tse Wo Cheong Firm,

who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of eatables in Class 42.

A facsimile of the above Trade Mark can be seen at the office of the Registrar of Trade Marks Hong Kong and the undersigned.

Dated the 26th day of August, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

in the name of the said Max Factor & Co., Inc., who claim to be the proprietors thereof.

The Applicants intend to use the said Trade Mark forthwith in respect of theatrical make- ups-viz, grease paints in tubes. lining colours, liquid body make-up, face powders, cold creams, lip sticks, eyelash colouring, liquid make-up remover, nose putty, black tooth enamel, eyebrow pencils, moist rouge, dry rouge, cosmetic whitener; minstrel make-up consisting of burnt-cork preparation, clown white, brilliantine liquid and paste, coloring for hair, eyebrows and eyelashes, in Class 48. The applicants disclaim the right to the exclusive use of the word "Factor."

Facsimiles of the Trade Mark can be seen at the office of the Registrar of Trade Marks and. at the office of the undersigned.

Dated the 26th day of August, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building,

Chater Road,

Hong Kong.

815

(FILE No. 274 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Li Yau Chuen of No. 98, Caine Road, Victoria in the Colony of Hong Kong, Merchant on the 4th. day of August, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:---

TOCOTONE

生育寶

in the name of the said Li Yau Chuen, who

claim to be the proprietor thereof.

The Trade Mark is intended to be used by

白告項承

亦章請上和倫楚銀外啓要給移環隆有以全埠: 陳收玉永生華前盤各德承錫便步樂意洋所買賬輔頂年前西盈轉欠受項道廣親小蒙街虧轕各經及西和筆號各門亦未號於貨門隆簽自牌與清附英物牌告字後寶二舊祈揭歷舖四白方買號百人向及一底十為入光一無舊來千傢一有各顧十涉人往九私號效貨尙三現理貨百招廣合俱欠號本項三牌和 #找舖堂與等拾等隆廣聲現貨位仍新已二一生

Applicant in respect of proprietary medicines 和明銀賬照用東由年槪藥

and particularly in respect of "Tocotone Class 3.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932.

LI YAU CHUEN,

No. 98, Caine Road, Hong Kong,

Applicant.

隆此並祈常囘翕債入歸店新佈無照營廣和團月新全東揭址業和堂按十東盤翕借交隆無數一翕生和等到貴招涉分號和意事小客牌以派交堂賒謹如號光遷後清易備出啓有盖顧往廣訖清價內

(FILE No. 292 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE No. 257 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Vit-Alexin

Laboratories Limited of No. 27,

Walbrook, London and Vit-Alexin (China) Limited of Union Building, Victoria, in the Colony of Hong Kong, have on the 20th day of July, 1932, applied for joint registration in

Hong Kong of the accompanying Trade Mark:- "VIT-ALEXIN "

in the names of the said Vit-Alexin Laboratories | claim to be the proprietors thereof.

Limited and Vit-Alexin (China) Limited, who

Class 3.

The above Trade Mark has already been used by the Applicants in respect of Patent Medicine

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

白告意生頂承

千九百卅二年八月十四號

責賬號人一月股啓則違千此担營仍概六東者例照

布保業在頂號司香第

及偷上與將港三千會出列香該人西章九項頂西港同李湖之百等人湖西昌德街布二及因街湖合及十告有同十街記林七華昌七十生新號洋合號七意擬地記號招於下出承轕生同協牌一白

N OTICE is hereby given that Socony-Vacuum Corporation (formerly 頂頂等意昌德舖千鐵

named Standard Oil Company of New York), a Corporation organized

under the laws of the State of New York in the United States of America, 人人情有招堂底九釬同協承欠牌承賬百商受人加受項三同人家多將貨十昌

and having their principal place of business at 26 Broadway, in the City,

　County and State of New York, have on the 11th of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:---

協德

螳仝啓

阿昌

合記

一千九百二十三年第二十五段防範僞頂生意

堂槪揭鴻來物二合頂

不借和承傢年記

負貨字受私九號

SOCONY-VACUUM

in the name of Socony-Vacuum Corporation (formerly named Standard Oil Company of New York), who claim to be the proprietors thereof.

ORDINANCES FOR 1931.

The Trade Mark has not hitherto been used by the applicants but it is BOUND volumes of Ordinances of

their intention so to use it in respect of :-

Petroleum and Products of Petroleum with or without admixture

of other materials in Class 47.

Dated teh 26th day of August, 1932.

SOCONY-VACUUM CORPORATION

H. L.SCHULTZ, GENERAL MANAGER.

Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5, Duddell Street.

816

(FILE No. 228 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Chung Wah Factory of No. 38, Mai Fau

　　　　　　　　Main Street, Canton, in the Province of Kwong Tung, in the Republic of China, also carrying on business at No 84, Ko Shing Street, Victoria, in the Colony of Hong Kong, have on the 2nd. day of June, 1932, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely :--

(FILE NO. 241 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that A. C.

Wilson and Company of China Build- ing, (6th. floor), Victoria, in the Colony of Hong Kong, have on the 11th. and 12th, days Hong Kong, in the Register of Trade Marks of of July, 1932, applied for the registration in

the following Trade Mark, viz :-

TRADE

MARK

→厰造製美中

商祥

簽牙茶上

CHUNGWAH FACTORY

TOOTH PICKS

TRADE

MARK

in the name of the said Chung Wah Factory, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark is intended to be used by the applicants in Class 50 in respect of Tooth Picks.

　　　　　　　　　Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of July, 1932.

NOTIC

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong.

(FILE NO 239 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Colgate-Palmolive-Peet Company, a corporation organized under the laws of the State of Delaware, having its principal office at 919 North Michigan Avenue, Chicago, Illinois, have on the 9th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the said A. C. Wilson and Company, who claim to be the proprietors thereof.

The applicants disclaim the right to the exclusive use of the letter "W" in the said Mark.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark and of the undersigned,

Dated the 22nd day of July, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong,

(FILE NO. 259 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Cathay Match Company, Limited, of 1, Kiukiang Road, Shanghai, have, on the 9th. day of May, 1932, applied for the registration, in Hong Kong, the Register of Trade Marks, of the following Trade Mark, viz :-

造製國美

MADE IN THE U.S.A.

COLGATE -

PALMOLIVE

PALMOLIVE-PEET CO.

CHICAGO, U.S.A.

FINE

TOILET SOAP

皂香欖粽

MADE IN THE U.S.A.

造製國美

in the name of Colgate-Palmolive-Peet Company, who claim to be the pro-

prietors thereof.

The above Trade Mark has already been used by the Applicants since 1923, in respect of Toilet Soap in Class 48.

The above Mark is associated with Trade Marks Nos. 97 to 100 of 1930. The application is limited to the colours shown on the specimen of the mark attached to the application.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks ond of the undersigned.

Dated the 22nd day of July, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central,

Hong Kong.

民光公司

牌完全安

THE CATHAY MATCH COMPANY

in the name of the Cathay Match Co., Ltd., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark in respect of Matches in (lass 47 forthwith. The Trade Mark is associated with Trade Marks Nos. 226 of 1924, 44 of 1926 and 57 of 1929.

Dated the 22nd day of July, 1932.

H. A. PEARSON, Agent for the Applicants,

Asiatic Building, Hong Kong.

→

817

(FILE No. 123 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

AUTORIST

in the name of Autorist S. A. Autorist Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of self- winding wristlet watches in Class 10.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of July, 1932.

(FILE No. 166 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Min Ngai Knitting Co., of No. 32, Fook Chuen Street, Taikokusui, Hong Kong, have on the 14th day of May, 1931, applied for registration in Hong Kong of the accompanying Trade Mark in Class 38 in respect of socks, stockings, singlets, shirts and all other knitted articles of clothing:-

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 220 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Narbenindustrie Aktiengesellschaft of Gruneburgplatz, Frankfurt a. M. Germany, Manufacturers, have on the 22nd day of April, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:

OTICE hereby given that I. G.

Isochrom

(FILS No. 236 of 1932)

TRADE MARK ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Dunlop

Rubber Company, Limited, of Fort

Dunlop. Erdington, Birmingham, England, on the 27th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

MAXPLY

in the name of the said Dunlop Rubber Company, Limited, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Rackets for Tennis and Badminton in Class 49.

Dated the 22nd day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE NO. 237 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Four Trade Marks.

NOTICE OF 10, 193, (First Floor), Des

OTICE is hereby given that Kwong Wing

Vœux Road West, Hong Kong, Firecracker Merchants, bave on the 9th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

麗聲榮廣

KWONG WING SHING

绝坎赤湾州廣

廣榮聲

GEMBANG

RUOKAARTA

FIL W SOLD LJON. PING

(2)

PFAALONGA

JET SENG

BATATA

KIN WING FI

NGEMBAT

OLENNEF

MAP LIENS

FROBOLINGGO

INING CHA

206

LONG

FOLLOW EVID

CATOETKSIJOK

牌禄福

品出司公業織藝棉

迅速分色片

(3)

KING IT.

LOGINĄ MO FAZ

G Cm

LONG HA

(4)

標苘册註

CRAMAS OF JAVA

in the name of the said Min Ngai Knitting Co.,

who claim to be the proprietors thereof.

The above Trade Mark has been used by the applicants in respect of the goods mentioned in their application since February, 1932.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 24th day of June, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hồng Kong.

in the name of I. G. Farbenindustrie Aktien- gesellschaft, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-

Photographic films and plates sensitized

in Class 1.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of June, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of Kwong Wing Shing, who claim to be the proprietors thereof.

used by the applicants in respect of Firecrakers Trade Marks Nos. (1), (2) and (3) have been

in Class 20. Trade Mark No. (4) is intended to be used forthwith by the applicants in respect of Firecrackers in Class 20.

Dated the 22nd day of July, 1932.

KWONG WING SHING, No. 193, First Floor, Des Voeux Road West,

Hong Kong, Applicants.

(FILE No. 262 of 1932) TRADE MARKS ORDINANCE, 1909

Νο

Application for Registration of a Trade Mark.

【OTICE is hereby given that Tai Tak Company of (2nd floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

818

(FILE No. 263 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Thomas Dispensary of No. 121, (Third Floor), Hennessy Road, Wanchai, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE No. 260 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Sam Wo

Hing and Company, Limited of No. 21, Queen Street, Victoria, in the Colony of Hong Kong, have on the 20th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz:-

(2)

(1)

in the name of Tai Tak Company, who claim to be the proprieters thereof.

　　　　　　　　　　The above Trade Mark is intended to be used forthwith by Tai Tak Company in respect of Chemical substances prepared for use in medicine and pharmacy in class 3.

Representations of the above Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

TAI TAK COMPANY,

2nd floor, Bank of Canton Building, 6, Des Voeux Road Central,

Hong Kong, Applicants.

(FILE No. 223 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Fu Kwong Kee Firm of No. 159, Des Vœux Road Central (Ground floor), Victoria, in the Colony of Hong Kong, have on the 23rd day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the Fu Kwong Kee Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants since the year 1931, in class 3 in respect of Medicine (Anti Opium Mixture).

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of July, 1932.

THE FU KWONG KEE FIRM, 159, Des Voeux Road Central,

(Ground Floor), Hong Kong, Applicants.

大來牌

綠十字

巴士滿

蓮

in the name of The Thomas Dispensary, who

claim to be the proprietors thereof.

The above Trade Mark has been used by The Thomas Dispensasy in respect of Medicine in Class 3 since the last seven years.

Representations of the above Trade Mark are deposited for inspection in the Offices of

of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

THE THOMAS DISPENSARY, No. 121, Third Floor, Hennessy Road,

Hong Kong. Applicants.

(FILE No. 212 of 1922)

TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

NOTION is hereby, LE, of No. 5, Quer's

OTICE is hereby given that Edward

ร

TRX+

in the name of said Edward Wheen & Sons, Ltd., who claim to be the proprietors thereof.

in the name of Sam Wo Hing & Company Limited, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food.

Facsimile of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th of July, 1932.

RUSS & CO., Solicitors for the Applicants, 6, Des Vœux Rood Central, Hong Kong.

(FILE NO. 250 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Kiu

力補

BLANDOL

in the name of the said Kiu Foo Chemical Manufacturing Company, Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in class 3 in respect of Chemical substances prepared for use in medicine and surgery and particularly in respect of a cod liver oil compound.

The applicants disclaim the right to the exclusive

of the Chinese characters

use

The Trade Mark is to be used by the ap-), in the said mark.

plicants in respect of Cotton piece goods of all kinds in Class No. 24, and in Class No. 34 in respect of Cloths and stuffs of Wool, Worsted and Hair,

Dated the 30th day of June, 1932.

EDWARD WHEEN & SONS, LTD., R. W. LEE-JONES, Manager.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of July, 1932.

A. E. HALL & COMPANY Solicitors for the Applicants, Pedder Building,

Hong Kong.

819

(FILE No. 258 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that British Cigarette Co., Ltd., whose registered office is situated at 6, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 16th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

(FILE No. 194 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Wah Cheong Shing Firm of No. 6, Kwong Yuen

Street East, Hong Kong, Merchants, have on

the 9th day of June, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

10 CIGARETTES

AI CHING

10 CIGARETTES

牌卿愛

財

商標

Cigarettes

CIGARETTES

| BRITISH CIGARETTE CO LT

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45.

The above Trade Mark is associated with Trade Mark No. 160, of 1897. Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 29th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road Central,

(FILE No. 232 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

NOTICE is hereby given that Sui Hing

Knitting Factory of No. 152, Fook Wing Street, Shamshuipo, Kowloon, Hong Kong, Knitting Manufacturers, have on the 4th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

AIR SHIP

Attorney.

(FILE No. 222 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTION is hereby gruction Co., Ltd., of

OTICE is hereby given that Callender's

Hamilton House, Victoria Embankment, Lon- don. E.C. 4, on the 21st day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

TRADE MARK

(2)

in the name of Wah Cheong Shing Firm, who claim to be the proprietors thereof.

Dated the 30th day of June, 1932.

WAH CHEONG SHING FIRM,

No. 6, Kwong Yuen Street East,

Hong Kong, Applicants.

TRADE

MARK

牌陛高

in the name of Sui Hing Knitting Factory, who claim to be the proprietors thereof.

　　　Such Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 29th day of July, 1932.

SUI HING KNITTING FACTORY, No. 152, Fook Wing Street,

Shamshuipo,

Hong Kong, Applicants.

KALEECO

in the name of the said Callender's Cable & Construction Co, Ltd., who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Electric cables in Class 8 and Wire insulated or sheathed' with india- rubber and used for electrical purposes in Class 40.

Dated the 30th day of June, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central, Hong Kong.

The Hong Kong

Government Gazette

Local Subscription. Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising,

For 5 lines and under,. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00 6.00

$1.00 for lat .$0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

820

(FILE No. 221 or 1932)

TRADE MARKS ORDINANCE, 1909.

Applications for Registration of

Trade Marks.

OTICE is hereby given that Sammy

　　　　　　　　　Knitting Factory of No. 129, Kweilin Street, Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have on the 23rd day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(FILE No. 180 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Establissements Rigaud, societe anonyme have on the 12th day of April, 1932, applied for registration in Hong Kong organised under the laws of France of 8, rue Vivienne, Paris, France,

of the accompanying Trade Mark:-

CIRCLE & SQUARE

<牌矩規入

廠造織美|

(2)

厰造織美

台炮三

(3)

政造織美ミ

in the name of the said Establissements Rigaud, who claim to be the pro- prietors thereof.

The above Trade Mark has already been used by the Applicants in

respect of Pharmaceutical preparation for human use in Class 3.

Facsimiles of the mark may be seen at the offices of the Registrar of

Trade Marks and of the undersigned.

Dated this 30th day of June, 1931.

TRADE MARK

鑽

「孖鎖牌

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central,

Hong Kong.

(4)

廠造織美三

嘜筒三

(5)

廠道織美:

100

至尊牌

上線衫

in the name of Sammy Knitting Factory, who

claim to be the proprietors thereof.

　　　　　　　　The above Marks have not hitherto been used but are intended to be used forthwith by the applicants in respect of Articles of Clothing in Class 38. Mark No. 2 will exclude boots and shoes.

Dated the 30th day of June, 1932.

　C. Y. KWAN, Solicitor for the Applicants, 44, Des Voeux Road Central,

Hong Kong.

(FILE No. 184 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTI

́OTICE is hereby given that Standard Oil Company of New Jersey, of Wilmington,

Delaware, United States of America, Manufac turers and Marketers of petroleum products, have on the 28th. day of May, 1932, applied for registration, in Hong Kong, in the Register of Trade marks. of the following Trade Mark :----

ESSOLUBE

in the name of Standard Oil Company of New Jersey, who claim to be the proprietors thereof. The Trade Mark has been used by the Ap- plicants since 9th. March, 1931, in respect of the following goods:

Dated the 30th day of June, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 439 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

牌鏡寶

in the name of Chung Wo Knitting Company, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Singlets and Hosiery in Class 38.

Dated the 30th day of June, 1932.

CHUNG WO KNITTING COMPANY, Nos. 12, 14, & 16, Fook Chuen Street, Taikoktsui, Kowloon,

Hong Kong, Applicants.

}

(FILE No. 191 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Butterfly

N°

821

(FILE No. 188 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

Wing Tai

(FILE NO. 170 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Three Trade Marks.

Company, J W X Z N Hing of No. 32, Wing Lok Street (First NOTICE is hereby given that Siu Chee

A) of No. 149, Lockhart

BUT

floor), Victoria in the Colony of Hong Kong,

have on the 31st day of May, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks:-

FOR-CAR

車汽

TIGER BRAND

軨根好虎猛

Street, Shamshuipo in the Dependency of

Kowloon in the Colony of Hong Kong, Knitting Manufacturers, have on the 18th day of May, 1932, applied for registration in Hong Kong in the Register of Trade Marks of the following Trade Marks :-

TRADE

QUICK

WHIT

(MARK)

餐選路家永

裝選興森永

FLOUR MERCHANTS

* FLOUR MERCHANTS.

(1)

VIOLIN BRAND

in the name of The Butterfly Company, who claim to be the Proprietors thereof.

　　　　　The Trade Mark is intended to be used forth- with in Class 50 in respect of Hat and shoe white fluid.

It is hereby stated that the applicants dis- claim the right to the exclusive use of the words "Quick White."

　　　　Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Ma and also of the undersigned.

Dated the 24th day of June, 1932.

LO AND LO,

Solicitors for the Applicants,

Alexandra Building,

Des Voeux Road Central,

Hong Kong.

(FILE No. 208 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

is hereby given that Wah Loong

in the name of the Wing Tai Hing, who claim to be the proprietors thereof.

The Trade Marks has not hitherto been used by my firm but it is our intention to use same forthwith in respect of flour in Class 42.

Facsimiles of the above Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WING TAI HING,

No. 32, Wing Lok Street, First floor, Hong Kong.

(FILE NO. 187 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Solar

NOTICE isch Inland Lot No. 1928, Bedford N Electrical & Manufacturing Company of

Street, Tai Kok Tsui, Kowloon, Hong Kong, Manufacturers of Preserved Ginger and Sweet- meats, have on the 10th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:--

WAH LOONG

GINGER

CHINESE GATE

REGD.

China Building, Victoria, in the Colony of Hong Kong, have on the 30th day of May, 1932, applied for the registration in Hong

Kong, in the Register of Trade Marks, of the following Trade Mark:

册

註

牌鈴梵

( 2 )

牌船帆

(3)

*E HOUS

標

註册

風車牌

坊牌

MADE IN HONG

ONE. CHINA.

in the name of Wah Loong, who claim to be the proprietors thereof.

　　　　　The Trade Mark has not hitherto been used by the applicants but it is their intended so to use it forthwith in respect of Preserved ginger and preserved fruits in Class 42.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 24th day of June, 1932.

WAH LOONG,

K.I.L. No. 1928, Bedford Street, Tai Kok Tsui, Kowloon,

Hong Kong, Applicants.

標

商

in the name of the Solar Electrical & Manu- facturing Company, who claim to be the pro- prietors thereof.

The above Trade Mark has not hitherto been used by the Applicants, but it is their intention so to use it forthwith in respect of the following goods:-

•

Glass in Class 15 and Metal Goods and

Corkscrews in Class 13.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 24th day of June, 1932.

WOO AND NASH, Solicitors for the Applicants, No. 4, Queen's Road Central, Hong Kong.

in the name of Siu Chee Knitting Company, who claim to be the proprietors thereof.

Dated the 24th day of June, 1932.

SIU CHEE KNITTING CO., No. 9, Maple Street, Shamshuipo,

Kowloon, Hong Kong, Applicants.

No. S. 319.

824

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Road Passenger Transport" are hereby called for.

Time for tendering and subject matter.

　　　　1. The tenders will be received at the Colonial Secretary's Office until Noon on Wednesday, the 30th day of November, 1932, and will be for a licence or licences for the exclusive maintenance of a service or services for the mechanical transport of persons by road wherefor payment is made for the seat occupied.

2. A tender may extend to the maintenance of a service for the whole of the Colony, including the New Territories, or may be inmited to the maintenance of a service for the whole of the Island of Hong Kong, or for the whole of the Kowloon Peninsula, in- cluding the New Territories.

　　　　3. The continued operation of the tramway services of the Hong Kong Tramway Company Limited and the Peak Tramway Company Limited and any lawful extensions. thereof and the maintenance, under licence or otherwise, of any service of motor buses for the transport of persons to, from and between the Hong Kong Hotel and the Repulse Bay Hotel (but not between any two intervening points on the route between them) shall not be an infringement of the rights under any licence for exclusive main- tenance referred to in paragraph 1 of this notice and shall not give rise to any claim in respect of such service.

4. The licence or licences will be for a period or term of Fifteen years commencing on the 11th day of June, 1933; Provided that, at the request of the licensee, the Governor in Council may, for such reasons as he shall consider sufficient, at any time during the existence of the licence or licences extend such licence or licences or either of them for a period not exceeding twelve months at any one time: Provided also that such extensions shall not in any case exceed in the whole a period of three years for any one licence.

Service or services to be provided.

　　　　5. The service or services to which any tender relates must be provided and com- menced on the 11th day of June, 1933, and must be maintained thereafter during the subsistence of the term of the licence, including any and every extension thereof in the event of renewal.

6.-(1) The service or services shall be conducted only by means of vehicles of British manufacture.

(2) Nothing in the foregoing provision shall be deemed to prevent the use while serviceable of any vehicle of non-British manufacture which is owned by the successful tenderer and was in use by him in the Colony immediately before the 11th June, 1933, or was acquired by him under the provisions of paragraph 21 of this Notification,

7.-(1) The service or services shall comprise :-

(a) as to a licence for the maintenance of a service for the whole Colony, the routes

set out in Schedules A, C and E to this notice,

(b) as to a licence for the maintenance of a service for the whole of the Island

of Hong Kong, the routes set out in Schedule A to this notice,

(c) as to a licence for the maintenance of a service for the whole of the Kowloon Peninsula, including the New Territories, the routes set out in Schedule C and E to this notice.

825

　(2) In respect of each of the routes set forth in the said Schedules to this notice a service shall be maintained by vehicles running at intervals of not more than the number of minutes specified in the third column of the relevant Schedule during the hours specified in the third column of such schedule and having a seating capacity of the number of passengers stated in the fourth column of the said Schedule.

　8. Notwithstanding anything contained in the preceding paragraph the Governor in Council may at any time during the subsistence of the term of any licence or any exten- sion thereof require the licensee to increase, extend, curtail or otherwise vary any of the routes set out in Schedules A, C and E to this notice or any route instituted as required hereunder or to reduce the intervals between the running of vehicles on any such route or to provide on any such route vehicles of increased passenger capacity, or to institute and maintain such additional or substituted services on such routes as the Governor in Council may consider necessary.

　9. The service or services to which a tender relates shall be an efficient and adequate service of motor vehicles of such number, dimensions, capacity, weight, speed, power, design, make, manufacture, origin, construction and otherwise in all respects as may be approved by the Governor in Council and as shall be necessary for the provision of the ser- vice or services specified in the relevant Schedule or Schedules to this notice: Provided that the service or services shall not commence until the licensee shall have obtained a certificate from the Inspector General of Police to the effect that in his opinion the motor vehicles and organization for the service or services are sufficient and ready to allow of such commencement.

　The constructional requirements for Public Service Vehicles (Motor Omnibuses) are laid down in Government Notification No. 328 of May 30th, 1930, and such requirements or any requirements for the time being substituted therefor must be complied with.

As at present advised the Governor in Council will not approve of the use of Double Decked vehicles on roads on the Island of Hong Kong. Approval of the use of such vehicles on any road in Kowloon would be subject to the advice of the Director of Public Works as to the suitability of such road.

10. No vehicle of the licensee shall be used in or for any service until it has been approved by the Inspector General of Police and every vehicle used in or for any service shall at all times be equipped, fitted and maintained to his satisfaction and all buildings, works, materials and things used in connexion with any service shall be maintained in an efficient state of repair to the like satisfaction. For the purpose of enabling the Inspector General of Police to ensure that the provisions of this paragraph are properly carried out the licensee shall at all reasonable times allow the Inspector General of Police and any officer authorised in writing by him to inspect all vehicles, buildings, works, materials and things used in connection with the service.

11. Notwithstanding anything herein contained, if in the opinion of the Governor in Council the licensee in respect of any service shall have failed or shall be likely to fail to make provision for the motor vehicles and/or organization requisite for conducting effec- tively the service to which his licence relates so that such service may commence on the day whereon the same is due to commence, then and in such case the Governor in Coun- cil, without prejudice to any other right or remedy, may make such arrangements with any other person or persons as may in his opinion be desirable for the commencement and maintenance of an efficient service on all or any of the routes in the area affected by the licence either in substitution for or in conjunction with the licensee and for such period as the Governor in Council may think fit, and in such event no compensation shall be claimed by or payable to the licensee in respect thereof. For the purpose of enabling the Governor in Council to ascertain what provision has been made or is contemplated by a licensee every licensee shall on request by the Colonial Secretary forthwith furnish to the Colonial Secretary full information as to vehicles obtained or ordered and all other matters relevant to the organization of the licensee.

Fares.

　　12. (1) As a guide to tenderers, and subject to consideration of tenders, the lists of fares considered reasonable as maximum fares are specified in Schedules B and D to this notice.

826

(2) Every tenderer must submit with his tender an itemised list of maximum fares contemplated by his tender.

Alternative lists and alternative royalties may be submitted, but at least one list must, in point of routes and sections, be in conformity with the said Schedules B and/or D.

(3) The said lists of maximum fares shall be deemed to relate to the fares to be de- manded and taken during the first three years of the said period of Fifteen years.

On the expiration of the said three years and at any time and from time to time. thereafter the fares to be demanded and taken shall be the current fares prescribed 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.

(4) Where the licensed service comprises any route or section not specified in Schedule B or Schedule D, or where any route or section shall be varied, extended or added, then the maximum fare which may be demanded and taken shall be prescribed by the Governor in Council, regard being had to the maximum fares for similar routes or sections.

　(5) A licensee shall not demand or take from passengers any fare exceeding the fares stated in his licence or so prescribed as aforesaid.

(6) Nothing in this paragraph contained shall be deemed to limit the right of a licensee to issue season tickets or punch tickets covering a number of journeys.

Consideration for Licence.

13.-(1) No tender shall offer any promise or consideration for the licence other than a royalty by way of percentage on the gross receipts of the service to which the tender relates.

(2) The royalty shall be paid to the Colonial Treasurer on the seventh day of each month in respect of the preceding month, and in respect of each individual month shall be ascertained and determined by reference only to the gross receipts for the month in question.

(3) If the tender shall offer a royalty by way of percentage upon the gross annual receipts varying with the amount of such gross annual receipts then

(a) the foregoing sub-paragraph (2) shall apply, and

(b) the royalty payable in respect of each individual month shall be calculated on the assumption that the gross receipts for that month represent the average gross monthly receipts throughout the then current year of the term of the licence, but

(c) within fourteen days after the expiration of each year of the term of the licence an account shall be taken of all gross receipts during the year and of the royalty payable for the year as ascertained and determined by reference to the appropriate percentage for the gross receipts for the year as shown by such account and there shall forthwith be paid by the licensee to the Colonial Treasurer or refunded by the Colonial Treasurer to the licensee such sum as shall be shown to be due upon such account after giving credit for all monthly sums paid by way of royalty during the period covered by the account, and

(d) in the event of the determination of the licence otherwise than at the end of a complete year of its term a like account shall be taken and like adjustment made for the period since the end of the preceding year, and for the purpose of such an account the appropriate royalty shall be determined by assuming that the gross receipts for the period covered by the account would have been: maintained at the same level throughout the complete year.

•

827

　　(4) No alteration or change of the fares to be demanded or taken by the licensee shall affect the percentage of the gross receipts or give rise to any claim by the licensee.

　　(5) The percentage to be paid on the gross receipts shall not be varied or affected by any variation in the rates of Customs duties or the imposition of any new duties upon petrol or other light oil or spirit or any other thing used as fuel or any oil used in connec- tion with the service affected by any licence or by any requirement for increase, extension, curtailment, alteration or variation of the routes. sections or stopping places of the service affected by any licence unless the Governor in Council in his discretion shall see fit to allow a reduction.

　　14. The licensee shall keep the following records in respect of every service, namely:-

(1) number of motor vehicles running:

(2) number of daily journeys and mileage run by each vehicle;

(3) number of passengers carried by each vehicle for each journey; and

(4) details of receipts in respect of each section and route;

and shall permit the Governor or any person authorised by him to inspect all such records and also all accounts kept by the licensee in connexion with every service and all stocks of tickets, and the licensee shali afford all such facilities for such inspection as may from time to time be required.

　　The licensee shall, from time to time and as and when the same may be required, de- liver to the Colonial Treasurer accounts and balance sheets, audited and certified by a char- tered accountant or accountants approved by the Governor in Council showing the takings of the licensee.

　　15. The acceptance by the Colonial Treasurer of any payment tendered by the licensee shall in no way debar or preclude any claim to a further sum or to any adjustment appear- ing to be due or necessary or required upon the examination or final acceptance of the licensee's accounts or any of them by the Colonial Treasurer.

Deposit by Tenderers.

　　16.-(1) Every tenderer must deposit with the Colonial Treasurer the sum of $1,000 and the deposit receipt must be attached to the tender when this is forwarded to the Colonial Secretary.

　　(2) The deposit made by an unsuccessful tenderer will be returned after notice of non-acceptance shall have been posted to him.

　　(3) In the case of a successful tender, the deposit will not be returned until the tender- er shall have made with the Colonial Treasurer such deposit as security for the compliance by the licensee with his obligations as hereinafter mentioned.

Security.

　　17.-(1) The deposit as security for compliance by the licensee with his obligations shall be made with the Colonial Treasurer by the successful tenderer within fourteen days after the service on the successful tenderer of a notice of acceptance of his tender.

(2) The amount of the deposit shall be

(a) In the case of a successful tender for a service for the whole of the Colony,

$50,000

(b) In the case of a successful tender for a service for the whole of the Island of

Hong Kong, $20,000

Peninsula, including the New Territories, $30,000.

828

(3) The deposit shall be made in such manner and shall be of such nature as the Colonial Treasurer shall direct and approve.

(4) If the successful tenderer shall fail to make the deposit required by this paragraph within the prescribed period or such extended period as the Colonial Treasurer may in writing allow then the deposit made under the preceding paragraph shall be forfeited to the Government and the successful tenderer shall have no claim to the issue of any licence.

(5) The licensee shall enter into an agreement in such form as the Colonial Treasurer may require charging the sum deposited by way of security with the payment to the Gov- ernment of all losses damages costs charges claims demands and expenses which may from time to time be incurred by the Government through the failure of the licensee duly and satisfactorily to comply with the obligations imposed by his licence and providing for de- ductions to be made on the certificate of the Colonial Secretary as to the amount to be de- ducted and for delivery up of the deposit receipt for cancellation or alteration of the

amount.

(6) In the event of any deduction being made from the deposited sum and the licence not being thereon determined the licensee shall within fourteen days after such deduction make up the deposited sum to the full original amount thereof.

The Vehicles and Traffic Regulation Ordinance and Regulations.

　　　19. It shall be a condition of every licence that the licensee shall observe and comply with the Vehicles and Traffic Regulation Ordinance, 1912, and every Ordinance amending the same or substituted therefor, and also with all regulations in force for the time being, thereunder.

•

General provisions as to tenders.

20.-(1) The Governor in Council shall not be bound to accept the highest or any

tender.

　　　(2) Every tenderer shall state in his tender an address in the Colony to which com- munications and notices to him may be sent.

(3) Forms of tender may be obtained on application at the Colonial Secretary's Office:

(4) The tender must include a statement as to the fitness and capability of the tenderer to establish and maintain the service.

(5) No tender will be accepted unless the tenderer represents, if an individual, that he is a British subject and, if a firm or company, that the majority of the partners or directorate are British subjects, and in any case that the management and the administrative staff or an effective majority thereof, to the satisfaction of the Governor in Council, are or will be British subjects; that the control will be within the Colony and essentially British; that at all times and in all circumstances (including any and every emergency) the Govern- ment may be assured that the service will be duly and loyally maintained; and that the situation as above will continue and be observed with the utmost good faith during the subsistence of the licence and any and every extension thereof if granted to the tenderer. Such representations (including the undertakings contained therein) shall be the basis of any licence that may be granted, and if it shall at any time appear to the Governor in Council that any such representation has failed and no longer supports the licence then and in such case the Governor in Council may cancel such licence, and thereupon all the powers and privileges of the licensee thereunder shall cease and determine and the service shall be deemed to have been discontinued by the licensee.

830

the Inspector General of Police to serve on the licensee a notice specifying the nature and extent of such failure and requiring the licensee to reply and show cause in writ- ing, within fourteen days from the date of the service of such notice, why his licence should not be cancelled forthwith. If the licensee fails, within fourteen days after the service of such notice, to reply and show cause why his licence should not be cancelled, or if the Governor in Council, after considering the licensee's reply, is of the opinion that the licensee has not shown cause why his licence should not be cancelled, the Governor in Council may issue an order cancelling the licence in question, and every such order shall be posted to the licensee at his last known address and published in the Gazette. All the rights and obligations of any licensee whose licence has been can- celled as hereinbefore provided shall cease and determine absolutely as from the date of the order of cancellation (save in so far as may affect the liability of the licensee to pay royalty up to the date of such order), and the security required from and furnish- ed by such licensee shall become forfeited to the Colonial Government as from the same date Provided that the Governor in Council may in his discretion allow any such mitiga- tion or reduction as he may deem fit in the matter of the forfeiture of any security.

27. Any notice or communication to the licensee from the Governor in Council or the Government or any Government Department shall, if posted to the licensee at his last known address, 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.

Attention called to particular Regulations.

28. The attention of tenderers is called to Regulations Nos. 20 to 22, 28 to 41 and 47 and 48 of the Regulations as to Public Motor Vehicle Services made by the Governor in Council on the 16th October, 1925, and appearing in the Regulations of Hong Kong, 1844 to 1925, at pages 658 to 665. These may be seen at the Colonial Secretary's Office.

Emergency Provision.

　　　29. In the event at any time of any special emergency, the Governor in Council being the sole judge of the occasion and duration of such emergency, the Governor in Council may direct that the Hong Kong Government shall take over the service to which any licence relates, and continue the same, with or without modification, or suspend the same, as the Governor in Council shall see fit until the emergency no longer exists.

　　　The amount (if any) due to the licensee consequent upon any such direction as afore- said shall be determined by a board of arbitrators constituted in the manner provided in Regulation 43 of the Regulations as to Public Motor Vehicle Services made by the Governor in Council on the 16th October, 1925.

831

SCHEDULE A.

ISLAND OF HONG KONG.

Seating Capacity.

Route No.

Details of Route.

Hours of Service.

Minimum. Maximum.

Blake Pier & Happy Valley.

Via Connaught Road, Central, Murray Road, Queen's Road East, Johnston Road, Wanchai Road & Wong Nei Chung Road.

From 6 a..

To 11.30 p.m. Every 10 minutes.

Maximum 28 seater is recommended. Absolute maximum to be 30 seater.

Blake Pier & Taikoo.

Via Connaught Road, Central, Murray Road, Queen's Road East & Lockhart Road.

From 8 a.m. To 10 p.m.

Every 4 hour

See Route 1 regarding maximum capacity.

Blake Pier & University.

3A.

Via Pedder Street, Des Voeux Road Central, Garden Road, Caine Road & Bonham Road.

Blake Pier & Felix Villas.

Via Route 3, Pokfulam Road & Mt. Davis Road.

Blake Pier & University.

Via Pedder Street, Queen's Road Central & West and Pokfulam Road.

Kennedy Town & Tai Hang.

Via Belcher Street, Queen's Road West, Central & East, Morrison Gap Road. Morrison Hill Road, Leighton

| Hill Road and Caroline Road.

From 7.30 a.m.

To 12 midnight.

Every 10 minutes.

From 7.30 a.m.

To 12 midnight.

Every hour.

From 7.30 a m. To 12 midnight. Every 10 minutes

From 6.30 a.m. To 12 midnight. Every 5 minutes.

See Route 1 regarding maximum capacity.

Hong Kong & Repulse Bay.

From 7.30 a.m.

7A.

Via Queen's Road Central & East and Stubbs Road.

Hong Kong & Aberdeen.

From junction of Connaught Road West & Eastern Street.

Via Eastern Street & Pokfulam Road.

Aberdeen & Stanley.

Via Island Road.

From 7 a.m.

To 7 p.m.

To 12 midnight.

Every hour.

From 5.30 a.m.

To 10 p.m.

Every 20 minutes.

Every hour

832

SCHEDULE B.

LIST OF MAXIMUM FARES. ISLAND OF HONG KONG.

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

وو

Blake Pier & Happy Valley

Taikoo Dockyard

99 99

Causeway Bay

Hong Kong University

Felix Villas

Kennedy Town & Tai Hang

Hong Kong & Repulse Bay

Junction of Eastern Street and Connaught Road West & Aberdeen.

Junction of Eastern Street and Connaught Road West & Stanley

Aberdeen & Little Hong Kong Village

Shouson Hill Road

Deep Water Bay

وو

Repulse Bay

Stanley

Little Hong Kong Village & Stanley

Shouson Hill Road & Stanley

Deep Water Bay & Stanley

Repulse Bay Hotel & Stanley

　　　Children below the age of four years to be carried free if accompanied by an adult. British service men (in uniform) and children below the age of twelve years to be carried 1st class at 2nd class rates (if any), but full fare may be charged when travelling 2nd class or in a single class vehicle.

Police Officers and Postmen, on duty, shall be carried free of charge.

833

SCHEDULE C.

KOWLOON & NEW TERRITORIES.

Seating Capacity.

Route No.

Details of Route.

Hours of Service.

Minimum

Maximum.

10.

•

Star Ferry & Shum Shui Po, via Salisbury Road, Nathan Road & Lai Chi Kok Road.

Star Ferry & Lai Chi Kok, via Salisbury Road, Nathan Road & Castle Peak Road.

Star Ferry & Kowloon City, via Salisbury Road, Chatham Road, Wuhu Street, Taku Street, Ma Tau Wei Road, Tam Kung Road, Prince Edward Road & Sai Kung Road.

Yaumati Ferry (Jordan Road) & Kowloon City via Jordan Road, Gascoigne Road, Chatham Road, Wuhu Street, Taku Street, Ma Tau Wei Road, Tam Kung Road, Prince Edward Road & Sai Kung Road.

Star Ferry & Austin Road, via Salisbury Road, Nathan Road, Carnarvon Road, Kimberley Road & Austin Avenue,

Star Ferry & Kowloon City, via Salisbury Road. Nathan Road, Prince Edward Road & Sai Kung Road.

Star Ferry & Kowloon Tong, via Salisbury Road, Nathan Road. Argyle Street, Peace Avenue & Waterloo Road.

Yaumati Ferry (Jordan Road) & Kowloon Tong, via Jordan Road, Nathan Road, Prince Edward Road & Waterloo Road.

Mong Kok Ferry & Un Long Market, via Nathan Road & Castle Peak Road.

Star Ferry & Ngau Shi Wan via Canton Road to Yaumati Ferry (Jordan Road), Jordan

Road.

Shanghai Street. Prince Edward Road & Sai Kung Road.

From 5.45 a.m.

To 1.15 a.m.

Every 10 minutes.

From 5.45 a m. To 12.30 a.m

Every 10 minutes.

From 5.45 a.m. To 1.15 a.m. Every 10 minutes.

From 5.30 a.m. To 1.15 a.m. Every 10 minutes.

From 7:30 a.m. To 9.30 p.m. Every 10 minutes.

From 5.45 a.m. To 1.15 a.m

Every 10 minutes.

From 6.00 a.m. To 1.15 a.m.

Every 10 minutes

From 6.00 a.m. To 1.15 a.m.

Every 10 minutes. )

From 5 30 a.m. To 7.30 p.m. Every

hour.

From 5.45 a.m.

To 12 midnight.

Every 10 minutes.

834

SCHEDULE C, Continued.

KOWLOON AND NEW TERRITORIES.

Seating Capacity.

Route No.

Details of Route.

Hours of Service.

Minimum.

Maximum.

11.

12.

13. (New)

14.

(New)

15.

Sham Shui Po & To Kwa Wan via Lai Chi Kok Road, Shanghai Street, Yaumati Ferry (Jordan Road), Gascoigne Road, Chatham Road, Wuhu Street, Taku Street & Ma Tau Wei Road.

Star Ferry & Sham Shui Po via Salisbury Road, Canton Road, Public Square Street, Reclamation Street, Shanghai Street & Lai Chi Kok Road.

Yaumati Ferry (Jordan Road) & Kowloon City via Jordan Road, Nathan Road, Prince Edward Road & Sai Kung Road.

Yaumati Ferry (Jordan Road) & Sham Shui Po, via Canton Road, Public Square Street, Reclamation Street, Shanghai Street & Lai Chi Kok Road.

Kam Tin & Un Long Market.

From 6.00 a.m. To 1.00 a.m. Every 10 minutes.

From 6.15 a m. To 12 midnight. Every 10 minutes.

From 6.00 am. To 12 midnight. : Every 10 minutes.

From 6.00 a.m. To 1.00 a.m Every 10 minutes.

From 9.00 a.m.

To 5.00 p.m.

(Non Market days)

From 7.00 a.m.

To 5.00 p.m.

(Market days)

Every hour.

16. (New)

Fan Ling & Tai Po.

From 6.00 am.

To 6.00 p.m. Every

hour

17.

Un Long Market & Sheung Shui.

From 6.30 a.m.

To 5.30 p.m.

Every hour.

18.

Fan Ling & Sha Tau Kok.

From 7.15 a.m.

To 6.30 p.m

201

Every hour.

835

SCHEDULE D.

LIST OF MAXIMUM FARES, KOWLOON AND NEW TERRITORIES.

Between the undermentioned places, in either direction.

First Class.

Second

Class.

Cents.

99.

Star Ferry and Austin Road

Kowloon Dock Gate

Ma Tau Kok Road ...

Kowloon City (via Chatham Road)

Austin Road and Kowloon Dock Gate

Ma Tau Kok Road

Kowloon City

Kowloon Dock Gate and Kowloon City

Ma Tau Kok Road and Kowloon City

Yaumati Ferry and U.S.R.C.

...

Kowloon Dock Gate

Ma Tau Kok Road ...

Kowloon City (via Chatham Road)

U.S.R.C. and Kowloon Dock Gate

Ma Tau Kok Road ...

Kowloon City

Kowloon Dock Gate and Ma Tau Kok Road

Star Ferry and Austin Road, No. 5 Route (1st class only)

Pakhoi Street

Argyle Street

Sham

Sham Shui Po

Waterloo Road and Prince Edward Road

Kowloon Tong

Kowloon City (via Nathan Road)

...

Ngau Shi Wan

Yen Chow Street

836

Schedule D,-Continued.

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

Star Ferry and Wong Uk Village

Lai Chi Kok

Pak Hoi Street and Arygle Street...

Sham Shui Po

و وا ا

Waterloo Road and Prince Edward Road

Kowloon Tong

Kowloon City

、,

Ngau Shi Wan

Yen Chow Street

و.

Wong Uk Village

Lai Chi Kok

Argyle Street and Sham Shui Po

وو

Waterloo Road and Prince Edward Road

9.9

Kowloon Tong

فية

وو

Kowloon City

وو

Ngau Shi Wan

...

Yen Chow Street

Wong Uk Village

Lai Chi Kok

Waterloo Road and Prince Edward Road and Kowloon Tong

919

Kowloon City

وو

Ngau Shi Wan

Kowloon City and Ngau Shi Wan

Yen Chow Street and Wong Uk Village

Wong Uk Village and Lai Chi Kok

To Kwa Wan and U.S.R.C.

Lai Chi Kok ...

837

Schedule D,--Continued.

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

To Kwa Wan and Yaumati Ferry

Argyle Street

Sham Shui Po

U.S.R.C. and Yaumati Ferry

Argyle Street

Sham Shui Po

Yaumati Ferry and Argyle Street ...

Sham Shui Po...

Waterloo Road and Prince Edward Road

Yaumati Ferry and Kowloon Tong

Kowloon City (via Nathan Road)

Argyle Street and Waterloo Road and Prince Edward Road

Kowloon City

Mong Kok Ferry and Lai Chi Kok ...

Tsun Wan

Ting Kau

Tsing Lung Tau

Tại Lam Chung

Castle Peak

وو

Ping Shan

Un Long

Lai Chi Kok and Tsun Wan

Ting Kau

Tsing Lung Tau

་པ

Tại Lam Chung

Castle Peak

وو

Ping Shan

838

Schedule D,-Continued.

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

Lai Chi Kok and Un Long.......

Tsun Wan and Ting Kau

Ising Lung Tau

Tai Lam Chung

Castle Peak

وو

Ping Shan

شه

Un Long

Ting Kau and Tsing Lung Tau...

Tai Lam Chung

Castle Peak

Ping Shan

Un Long

...

Tsing Lung Tau and Tai Lam Chung

݂ܕ

Castle Peak

Fing Shan

Un Long

Tai Lam Chung and Castle Peak

Ping Shan

Un Long

...

Castle Peak and Ping Shan

Un Long

Ping Shan and Un Long

Sheung Shui and Chung Pak Long ...

Kam Tin or Siu Yuen ...

Chow Tau

Lok Ma Chau or Sun Tin

Mai Po ...

839

Schedule D, Continued

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

Sheung Shui and Chuk Yuen, Sun Wai or Fung Kat

Au Tau

> }

Un Long

Chung Pak Long and Kam Tin or Siu Yuen

Chow Tau

Lok Ma Chow or Sun Tin

Mai Po

Chuk Yuen, Sun Wai or Fung Kat

Au Tau

وو

Un Long

Kam Tin, Siu Yuen and Chow Tau....

Lok Ma Chow or Sun Tin...

رو

ور

Mai Po

Chuk Yuen, Sun Wai or Fung Kat...

Au Tau

Un Long

Chow Tau and Lok Ma Chow or Sun Tin...

Mai Po

Chow Tau and Chuk Yuen, Sun Wai or Fung Kat ...

Au Tau

Un Long

Lok Ma Chow or Sun Tin and Mai Po

99 9}

وو

Chuk Yuen, Sun Wai or Fung Kat.

Au Tau

Un Long

Mai Po and Chuk Yuen, Sun Wai or Fung Kat...

Au Tau

840

Schedule D,-Continued.

First

Second

Between the undermentioned places, in either direction.

Class.

Cents.

Mai Po and Un Long

Chuk Yuen, Sun Wai or Fung Kat and Au Tau

وو

Un Long

Au Tau and Un Long

Fan Ling and On Lok or Lung Kut Tau ...

Kwanti

Hung Ling, Ma Mei IIa or Lai Tung

})

Wo Hang or Ma Chuk Ling

Seh Chung Au

وو

دو

Sun Chun or Sha Tau Kok......

On Lok or Lung Kut Tau and Kwanti

وو

እ ን

ور

Hung Ling, Ma Mei Ha or Lai Tung.

})

ود

Wo Hang or Ma Chuk Ling

وو

Sek Chung Au

Sun Chun or Sha Tau Kok

وو

Kwanti and Hung Ling, Ma Mei Ha or Lai Tung

Wo Hang or Ma Chuk Ling ...

Seh Chung Au

Sun Chun or Sha Tau Kok ...

وو

Hung Ling, Ma Mei Ha or Lai Tung & Wo Hang or Ma Chuk Ling.

}}

Seh Chung Au ...

Sun Chun or Sha Tau Kok.

دو

وو

Wo Hang or Ma Chuk Ling and Sek Chung Au

Sun Chun or Sha Tau Kok ...

})

Sek Chung Au and Sun Chun or Sha Tau Kok

Fan Ling and Kow Lung Hang

دو

Wai Tau

841

Schedule D,-Continued.

Between the undermentioned places, in either direction.

Fan Ling and Tai Po Market

Kow Lung Hang and Wai Tau.......

وو

Tai Po Market

First

Second

Class.

Cents.

Wai Tau and Tai Po Market

Kam Tin and Un Long

תש

Children below the age of four years to be carried free if accompanied by an adult. British service men (in uniform) and children below the age of twelve years to be carried 1st Class at 2nd Class rates, but full fare may be charged when travelling 2nd Class or in a single class vehicle.

Police Officers and postinen, on duty, shall be carried free of charge.

SCHEDULE E.

NEW MOTOR OMNIBUS ROUTES, KOWLOON AND NEW TERRITORIES.

Seating Capacity.

Route No.

Details of Route.

Hours of Service.

Minimum. Maximum.

13.

14.

16.

Yaumati Ferry (Jordan Road) and Kowloon City, via Jordan Road, Nathan Road. Prince Edward Road & Sai Kung Road.

Yaumati Ferry (Jordan Road) and Shum Shui Po, via Canton Road, Public Square Street, Reclamation Street, Shanghai Street & Lai Chi Kok Road,

From 6 a.m. To 12 midnight. Every 10 minutes.

From 6 a.m. To 1.00 a.m. Every 10 minutes.

Fanling and Tai Po.

From 6 a.m.

To 6 p.m. Every half hour.

NOTE--The existing Route No. 8 from Star Ferry has been diverted to Yaumati Ferry Jordan Road) Existing Route No. 4 has been diverted from present Yaumati Ferry Public Square Street) to Yaumati Ferry (Jordan Road).

2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

842

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 320.-The following names of successful tenderers are notified for general information:-

Government Notification.

Particulars.

Firms.

S. 279 of 29.7.32.

Tender for the construction of an Access

Road, Shing Mun Valley.

Messrs. Sang Tai

& Co.

S. 293 of 12.8.32.

S. 296 of 8.8.32.

Tender for purchase of Waste Paper, Prison

Department.

Tender for improving and strengthening main roads, New Territories, and road conditioning at Sha Tau Kok.

Messrs. Chan Ching

Kee.

Messrs. Sang Lee

& Co.

1st September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 321.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

Cholera.

Dairen.

2nd September, 1932.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification

No. 447 of 6th July, 1932.

Notification No. 448 of 7th July, 1932.

Notification

No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

E. R. HALLIFAX,

Colonial Secretary.

843

COLONIAL SECRETARY'S Department.

No. S. 322.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

Netherland Indies.

Federated

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

1st July,

No. S. 259.

Settlements.

1932

French

Do.

2nd July,

No S. 260.

Indo-China.

1932.

Philippine

Do.

Islands.

7th July, 1932.

No. S. 261.

Shanghai

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

844

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 323.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st August, 1932, as certified by the Managers of the respective Banks :-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation......

Mercantile Bank of India, Limited.......

19,876,362

$ 8,300,000*

130,764,305 112,000,000†

2,998,554 1,350,000§

TOTAL

$ 153,639,221 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,325,100.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 324.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

41% Conversion Loan 1940/1944.

2nd September, 1932.

Amount.

Nominal Value.

Price when deposited.

Lates market price.

E. R. HALLIFAX,

Colonial Secretary.

845

THE MAGISTRACY.

　　No. S. 325.-Notice is hereby given that a meeting of the Licensing Board will be held in the Council Chamber on Friday, the 4th day of November, 1932, at 2.30 p.m., for the purpose of considering applications for Publicans' Licences, Hotel Keepers' Adjunct Licences and Restaurant Keepers' Adjunct Licences for the year 1932-1933 under the Liquors Ordinance, 1931.

Forms of application may be obtained at the Magistracy.

　　All applications must be forwarded in duplicate to the Magistracy on or before Friday, the 16th day of September, 1932, and must be accompanied by a deposit of Five Dollars.

Applicants for transfer or new licences, and persons objecting to such applications, must appear in person.

30th August, 1932.

G. S. KENNEDY-SKIPTON,

Secretary to the Licensing Board.

PUBLIC WORKS DEPARTMENT

No. S. 326.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Nullah Training at Lyeemun ", will be received at the Colonial Secretary's Office until Noon of Monday, the 19th day of September, 1932, for training nullahs in the Lyeemun district in connexion with the campaign against mosquitoes.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

1st September, 1932.

R. M. HENDERSON,

Director of Public Works.

846

NOTICE TO MARINERS.

No. S. 327.

Until further notice a hydrographical survey will be carried out within the following

area :-

Bounded on the North by Lat. 22° 20' 0" N..

South by Lat. 22° 18' 0" N.

East by Long. 114° 9′ 0′′ E.

West by Long. 114° 7'′ 0′′ E.

　　　The survey will be conducted in a series of squares whose sides will run N. and S.; E. and W.

Sides of squares will be 1,000 feet.

Sampans with red flags will be stationed at intervals along two of the sides of the

square.

　　　Shipping is warned to give sampans a wide berth and is prohibited from passing between the sampans flying a red flag.

Government Gazette Notice to Mariners No. 45 of 1932 dated 10th June, 1932, is

cancelled.

Hong Kong, 2nd September, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Registry No.

Locality.

Sale.

Contents in sq. feet.

Annual

Upset

Rental. Price.

feet.

feet. feet.

feet.

About

Kowloon Inland Lot

Ha Heung Road,

As per sale plan.

3,162

2,372

To Kwa Wan.

No. 2985.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

19th August, 1932.

R. M HENDErson,

Director of Public Works.

(FILE NO. 288 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

ICE is hereby given that S. C. Lay & Company of Alexandra Building, Victoria in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for registration in Hong Kong of the accompany- ing Trade Marks:-

(1)

料油國英

嘜蘆

(2)

料油國英

849

(FILE No. 308 of 1932)

TRADE MARKS ORDINANCE. 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Dairy Farm Ice and Cold Storage Company, Limited of Victoria, in the Colony of Hong Kong, have on the 26th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

(FILE No. 287 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that David Sas-

soon & Co., Ltd., of No. 12, Des Voeux Road Central, (second floor), Victoria, in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

---..

AUSTRALIAN

BEST ROLLER FLOUR

KANGAROO

GOURD BRAND 理代總行洋全吉港香

SOLE AGENTS: -

S. C. LAY & CO.

HONG KONG

BANUFACTURED IN ENGLAND.

嘜猪

PIG BRAND

理代總行洋全書港香

SOLE AGENTS:-

S. C. LAY & CO. HONG: hot.

MANUFACTURED IN ENGLAND.

(3)

(4)

料油國英

WHEEL BRAND 理代總行洋全吉港香

SOLE AGENTS: -

S. C. LAY & CO.

HONG HONG

MANUFACTURED IN ENGLAND

CRAB

BRAND 理代總行洋金吉港香

SOLE AGENTS; ---

S. C. LAY & CO. HONG KONG.

MANUFACTURED IN ENGLAND.

in the name of the said S. C. Lay & Company, who claim to be the proprietors thereof.

The above Trade Marks have not hitherto been used by the Applicants but it is their intention to use the same forthwith in Class 1 in respect of paints.

Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 2nd day of September, 1932.

WILKINSON & GRIST, Solicitors for the Applicants. 2, Queen's Road Central, Hong Kong.

(FILE No. 301 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N OTICE is hereby given that Tam Yau

Kee Firm of No. 152, Queen's Road Central, Hong Kong and No. 27, Kwoo Tung Chik Street, Fat-shan, Province of Kwong Tung in the Republic of China, have on the 20th day of August, 1932, applied for the registraton in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-~

商

註

tif

in the name of Tam Yau Kee Firm, who claim

to be the proprietors thereof.

　　　The Trade Mark has been used by the applicants in respect of Tooth Brushes in Class 50 since 1928.

Dared the 2nd day of September, 1932.

TAM YAU KEE FIRM,

Applicants.

in the name of The Dairy Farm Ice and Cold Storoge Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Margarine in Class 42.

The Applicants have undertaken not to use the Trade Mark in red on a white ground, or in white on a red ground.

The said Trade Mark is to be associated with Trade Mark No. 47 of 1927.

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central, Hong Kong.

FILE No. 276 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Many and Company of Hing Loong Nam Loo, Canton in the Republic of China, have on the 17th day of August, 1932, applied for the re- gistration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

South China Hides

Many & Company Canton

in the name of Many and Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Hides in Class 37.

The Applicants disclaim the right to the exclusive use of the words "South China Hides" appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road, Central, Hong Kong.

BRAND

DAVID SASSOON & CO.LTD.

HONGKONGH

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Flour in Class 42.

Facsimile of the Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DAVID SASSOON & CO., LTD., No. 12, Des Voeux Road Central,

Hong Kong.

(FILE No. 302 of 1932)

TRADE MARKS ORDINANCE, 1999.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chu Kwong Lan Firm of No. 104, Wing Lok Street, Victoria in the Colony of Hong Kong, Mer- chants, have on the 19th day of August, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

標商角三

TRIANGLE

in the name of Chu Kwong Lan Firm, who claim to be the proprietors thereof.

The Trade Mark is intented to be used forthwith by the applicants in respect of Ground Nut Oil in Class 42.

A representation of the Trade Mark is de- posited for inspection in the Office of Registrar of Trade Marks, Hong Kong.

Dated the 2nd day of September, 1932.

CHU KWONG LAN FIRM. Applicants.

(FILE No. 209 of 1932)

850-

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Yuen Hing Dyeing Factory of No. 26, Main Street, Kowloon City, Kowloon in the Colony of Hong Kong,

Manufacturers, have on 14th of June, 1932, applied for registration, in N Hong Kong, in the Register of Trade Marks, of the following Mark :-

假提

冒防

(FILE NO. 256 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that British- American Tobacco Company, Limited of Westminster House, 7 Millbank, London, England have on the 11th day of June, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks:

「標商球克雙

in the name of the Yuen Hing Dyeing Factory, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark has been used by the Applicants for the past ten years, in respect of the following goods :-

Cotton piece goods in Class 24.

Dated the 5th day of August, 1932.

THE YUEN HING DYEING FACTORY,

No. 26. Main Street, Kowloon City.

FILE No. 244 or 1932: TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Shewan Tomes

(FILE No. 169 of 1932; TRADE MARKS ORDINANCE, 1909.

and Company of St. George's Building. N

Victoria, in the Colony of Hong Kong, have on the 14th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

EAGLE & BEAR

請

BRAND

Application for Registration of

a Trade Mark.

OTICE is hereby given that Luen Fung

and Co., (E) carrying

电光牌雞鴨經商補註

OGDEY'S

ST JULIEN

EXQUISITE COOL & FRAGRANT.

"Capstan

de Luxe

WD&HOWills.

Bristol &-London.

認英雄牌商

金山上麵

BULWARK

WD & HOWILLS

BRISTOL & LONDON

行洪昌旗

Muleo Excu:SIVELY FOR

#SHEWAN TOMES: P

NOSKE

SKE BEGS PTY LTD

BEST AUSTRALIAN PATENT ROLLER FLOUR

49 LES GROSS WHEN PACKED

料

in the name of Shewan Tomes and Company, who claim to be the sole proprietors thereof.

　　　　　　　The Trade Mark has been used by the Ap- plicants in respect of :--Flour in Class 42.

A facsimile of such Trade Mark

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　can be seen at the oflices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS,

Solleitors for the Applicants, No. 1. Des Voeux Road Central,

Hong Kong.

游製廠豐聯州廣國中

UFACTURED, BY LUEN FUNG CANIDIY

MADE IN CHINA

in the name of Luen Fung and Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since January, 1931, in respect of the following goods :-

Firecrackers and fireworks, in Class 20. The Applicants disclaim the right to the exclusive use of the figures 10/36,"

Dated the 5th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

in the name of British-American Tobacco Com-

pany, Limited, who claim to be the sole pro- prietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of :--Manufactured Tobacco in Class 45.

The St. Julien Trade Mark is to be associated with Trade Mark No. 115 of 1901 and the Capstan Trade Mark with No. 110 of 1909.

A facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

851

In the Matter of The Companies Ordi-

nance,

1911,

and

In the Matter of The Man Wo Co., Ltd.

(In Liquidation).

URSUANT to Section 188 of the Com-

PUR

ORDINANCES FOR 1931.

OUND volumes

panies Ordinances 1911, notice is hereby B Hong Hons of Ordinances of

given that the Final Meeting of Members will be held at the offices of Messrs. Percy Smith, Seth and Fleming, No. 6 Des Voeux Road Central, (4th floor), on Saturday, the Sth day of October, 1932, at 12 o'clock noon for the purpose of receiving an account showing the manner in which the winding up has been conducted and the property of the Company disposed of, and also of hearing any explana- tions that may be given by the Liquidator, and also of determining by Extraordinary Resolu- tion the manner in which the books, accounts and documents of the Company and of the i Liquidator thereof shall be disposed.

Dated this 2nd day of September, 1932.

Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

DONALD BLACK,

Liquidator.

FILE NO. 129 or 1931

TRADE MARKS ORDINANCE, 1900.

1Application for Registration of c

Trade Mark.

NOTICE is hereby given that The Mitsubishi

Shoji Kaisha, Limited of Japan and of No. 14, Pedder Street. Victoria, Hong Kong, have, by an application dated the 16th day of April, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

BEST ROLLER

FLOUR

蝠雙

菱

in the name of the said Mitsubishi Shoji Kaisha, Limited, who claim to be the sole proprietors | thereof.

The said Trade Mark has been used by the applicants in respect of wheat flour in Class 12. The said Trade Mark is associated with Trade Marks Nos. 201 of 1924 and 133 of 1925.

Dated the 2nd day of September, 1932.

GEO K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Chater Road,

Hong Kong.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

to end of 1931)

Copies may be obtained at

the Colomal Secretary's Office

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

854

COLONIAL SECRETARY'S Department.

No. S. 328.-Statement of Sanitary Measures adopted against Hong Kong.

Reference to

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

16th April,

1924.

30th April,

1926.

Government

Notification.

29th October,

1926.

No. S. 301.

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

1st July,

No. S. 259.

Settlements.

1932.

French

Do.

2nd July,

No S. 260.

Indo-China.

1932.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

Shanghai.

Do.

11th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

9th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

{

፡፡

855

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 329.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place,

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

Do.

Cholera.

Kiungchow (Hoihow).

Do.

9th September, 1932.

Authority.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification

No. 447 of 6th July,

1932.

Notification No. 448 of 7th July, 1932.

Notification

No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification

No. 570 of 2nd September,

1932.

Notification No. 571 of 3rd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

856

SANITARY DEPARTMENT.

No. S. 330.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, City of Victoria", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the removal of excretal matters from the City of Victoria, the Hill District, Wong Nei Chung, Tai Hang, Tung Lo Wan, Whitfield, and Shaukiwan Road from the City boundary to the Joint Cable Houses, and the management of free public latrines, trough closets and urinals in the aforementioned places for a period of 5 years, commencing from the 1st February, 1933.

Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $500 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the same have been accepted.

The successful tenderer will be required to sign a formal contract containing conditions to be prescribed by the Board and to give security by depositing the sum of $10,000 in the Colonial Treasury; failing compliance with these requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

　　　Particulars and conditions of contract may be obtained at the Office of the Secretary to the Sanitary Board.

The Government does not bind itself to accept the highest or any tender.

G. K. SAYER, Head of the Sanitary Department.

9th September, 1932.

SANITARY DEPARTMENT.

No. S. 331.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, Kowloon", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the removal of excretal matters from the Districts of Tsim Sha Tsui, Hunghom, Yaumati, Taikoktsui, Fuk Tsun Heung, Matauwai, Matauchung, Mataukok. To Kwa Wan, Shek Shan, Shan Shan, Hok Un, Mongkoktsui, Mongkok, and the new Reclama- tions of Sham Shui Po and Kowloon City, and any extension of those Reclamations, and the management of free public latrines, trough closets and urinals in the aforementioned places for a period of 5 years, commencing from 1st February, 1933.

Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $250 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the same have been accepted.

The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and to give security by depositing the sum of $6,000 in the Colonial Treasury; failing compliance with these requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

Particulars and conditions of contract may be obtained at the Office of the Secretary to the Sanitary Board.

The Government does not bind itself to accept the highest or any tender.

G. R. SAYER,

9th September, 1932.

Head of the Sanitary Department.

کو

•

857

SANITARY DEPARTMENT.

No. S. 332.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, Shaukiwan, etc.", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the removal of animal manure and nightsoil from the villages of Shaukiwan, etc., in accordance with the conditions of contract, copy of which may be obtained at the Office of the Secretary to the Sanitary Board.

The contract will be for a period of three years from the 1st January, 1933.

No tender will be considered unless the person tendering produces a deposit receipt from the Treasury (as a pledge of the bona fides of his tender) for a sum equal to 10 per cent. of the value of the security to be furnished by the contractor as stated below.

The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and also to give security to the satisfaction of His Excellency the Governor in the sum $300 and by also depositing the sum of $500 in the Treasury. Failing compliance with the latter requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

G. R. SAYER, Head of the Sanitary Department.

9th September, 1932.

SANITARY DEPARTMENT.

No. S. 333.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Blood and Hair Contract, Kennedy Town ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th September, 1932, for the daily collection and removal of blood and hair from the Slaughter House situated at Kennedy Town in the City of Victoria, for the period of one year from the 1st January next.

　　The contractor shall at all times keep the Slaughter House in a thorough state of cleanliness, for which service he shall maintain as many coolies as may, in the opinion of the Sanitary Board, be necessary, but the number shall in no case be less than eleven, one of whom shall be employed as a fireman. The contractor shall also provide the necessary brooms and baskets.

For full particulars apply at this Office.

　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $250 as a pledge of the bona fides of his offer.

　　The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $2,000 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

9th September, 1932.

G. R. SAYER,

Head of the Sanitary Department.

858

SANITARY Department.

　　　No. S. 334.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Blood and Hair Contract, Ma Tau Kok ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th September, 1932, for the daily collection and removal of blood and hair from the Slaughter House situated at Ma Tau Kok in the Kowloon Peninsula, for the period of one year from the 1st January next.

　　　The contractor shall at all times keep the Slaughter House in a thorough state of cleanliness, for which service he shall maintain as many coolies as may, in the opinion of the Sanitary Board, be necessary, but the number shall in no case be less than three, one of whom shall be employed as a fireman. The contractor shall also provide the necessary brooms and baskets.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $50 as a pledge of the bona fides of his offer.

　　　The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $500 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

G. R. SAYER,

Head of the Sanitary Department.

9th September, 1932.

SANITARY DEPARTMENT.

　　　No. S. 335.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Slaughter House Contract, Sai Wan Ho", will be re- ceived at the Colonial Secretary's Office until Noon of Tuesday, the 27th September, 1932, for the privilege of slaughtering animals for the food of man in the Government Slaugh- ter House at Sai Wan Ho, for the period of one year from the 1st January next.

For full particulars apply at this Office.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $75 as a pledge of the bona fides of his offer.

　　　The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $550 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

G. R. SAYER, Head of the Sanitary Department.

9th September, 1932.

859

SANITARY DEPARTMENT.

　　No. S. 336.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Slaughter House Contract, Aberdeen ", will be received. at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the privilege of slaughtering animals for the food of man in the Government Slaugh- ter House at Aberdeen, for the period of one year from the 1st January next.

For full particulars apply at this Office.

　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Treasury the sum of $75 as a pledge of the bona fides of his offer.

　　The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $200 in the Treasury: failing compliance with these requirements the sum deposited by the tenderer will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

The Government does not bind itself to accept the highest or any tender.

G. R. SAYER,

Head of the Sanitary Department

9th September, 1932.

SANITARY Department.

No. S. 337.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of labour for the burial of infectious corpses", will he received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the supply of labour for the burial of infectious corpses, for the period of one year from the 1st January next.

Tenderers must produce a receipt that they have deposited in the Treasury the sum of $50 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, tenderer fails or refuses to carry out his tender, should the tender be accepted.

any

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

The successful tenderer will be required to sign a formal contract containing conditions to be prescribed by the Board and also to give security by depositing a sum of $100 in the Treasury failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

G. R. SAYER,

9th September, 1932.

Head of the Sanitary Department.

860

SANITARY DEPARTMENT.

　　　No. S. 338.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for re-numbering old Head Stones", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for re-numbering old Head Stones in the Government Cemeteries, for the period of one year from the 1st January next.

　　　Tenderers must produce a receipt that they have deposited in the Treasury the sum of $10 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

　　　The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and also to give security by depositing a sum of $50 in the Treasury: failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

G. R. SAYER, Head of the Sanitary Department.

9th September, 1932.

SANITARY DEPARTMENT.

　　　No. S. 339.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Head Stones ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932, for the supply of Head Stones for use in the Government Cemeteries, for the period of one year from the 1st January next.

Tenderers must produce a receipt that they have deposited in the Treasury the sum of $50 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should the tender be accepted.

For full particulars apply at the Office of the Secretary to the Sanitary Board.

For form of tender apply at the Colonial Secretary's Office.

　　　The successful tenderer will be required to sign a formal contract containing conditions. to be prescribed by the Board and also to give security by depositing a sum of $200 in the Treasury failing compliance with these requirements the sum deposited with the tender will be forfeited.

The Government does not bind itself to accept the lowest or any tender.

G. R. SAYER,

Head of the Sanitary Department.

9th September, 1932.

861

DISTRICT OFFICE, TAI PO.

No. S. 340.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 21st day of September, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Item Nos. 1 to 9 as Building Lots, and Item No. 10 as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Item Nos. 1 to 3 are further subject to Special Conditions No. 2 (a) and (b) and Special Conditions here- under specified. Item Nos. 4 to 9 are further subject to Special Condition No. 2 (a), and Item No. 10 is further subject to Special Conditions No. 1 (a), (b) and (c).

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $2,750, $2,750, $7,500, $750, $750, $500, $500, $150 and $750 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Acres, or Price.

Upset Crown

Rent.

Square feet.

Locality.

No. D. D. Lot.

feet.

feet. feet. feet.

1176

Tai Po Market.

As per plan deposited in the District Office, North.

1,500 sq. ft. 450

8.00

1177

1,260

378

6.00

1178

3,000

900

14.00

145 2191

2093

Lai Chi Wo.

Tong To.

1,302

1.50

| 1,225

1.50

31 1328

Sha Lo Tung.

540

1.00

78 1828

Tsung Un Ha.

76 2422

Hok Tau.

510

168

1.00

.50

206 805

U Kwai Sha.

1,200

1.50

804

·08 acre.

.10

SPECIAL CONDITIONS TO ITEM Nos. 1 to 3.

　1. The purchaser shall form the whole of the areas coloured red and blue on sale plan to such levels as the Director of Public Works may approve within twelve months from the date of sale.

The area coloured blue shall be handed over to Government free of cost on completion.

　2. The purchaser of the lot will not be allowed to utilize the area coloured blue for the purpose of storage or for the erection of any temporary building without the consent of the District Officer, North, first having been obtained.

　3. The purchaser shall construct substantial retaining walls, where necessary, to obviate landslips in the event of his cutting away the hills to level the site, should a landslip occur as a result of such cutting or levelling, the purchaser will be held respon- sible for any damage resulting from or brought about by such landslips.

862

4. The purchaser shall construct to the satisfaction of the Director of Public Works such drains or channels as that Officer may consider necessary to intercept and carry off storm-water flowing on the lot from the hillside, and the purchaser shall be solely liable for any damage or nuisance caused thereby.

5. The drainage of any buildings erected on the lot shall be disposed of as may be required by the Director of Public Works, and the purchaser must make all arrange- ments at his own expenses and to the satisfaction of the Director of Public Works for the disposal of foul or contaminated water.

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 341.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 22nd day of September, 1932.

The Lots are let for the term of Five years from the 1st day of July, 1932. Item Nos. 1 and 2 are Garden Lots and Item No. 3 is Agricultural and Orchard Lot. Item No. 3 is subject to Special Conditions hereunder specified.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

in Acres.

Upset Crown Price. Rent.

No. D. D. Lot.

feet. feet. feet feet.

131

808

Castle Peak.

As per plan deposited in the District Office, North.

'08 acre.

Nil.

.40

811

127

340

Fui Sha Wai.

•11

.50

多多

5.82

12.00

SPECIAL CONDITIONS TO ITEM No. 3.

1. The lessee shall within Twelve months for the date of lease plant 50 % of the area with fruit trees such trees not to be more than ten feet apart.

2. Remainder of the area shall be similarly planted with fruit trees within 24 months from the date of lease to the entire satisfaction of the District Office, North.

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

862

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 341.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 22nd day of September, 1932.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

in Acres.

Upset Crown Price. Rent.

No. D. D. Lot.

feet. feet. feet feet.

131

808

Castle Peak.

As per plan deposited in the District Office, North.

'08 acre.

Nil.

.40

811

127

340

Fui Sha Wai.

•11

.50

多多

5.82

12.00

SPECIAL CONDITIONS TO ITEM No. 3.

1. The lessee shall within Twelve months for the date of lease plant 50 % of the area with fruit trees such trees not to be more than ten feet apart.

2. Remainder of the area shall be similarly planted with fruit trees within 24 months from the date of lease to the entire satisfaction of the District Office, North.

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

863

DISTRICT OFFICE, TAI PO.

　　No. S. 342.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po at 11.30 a.m., on Wednesday, the 5th day of October, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Item No. 1 as a Building and Garden Lot, Item No. 2 as a Building Lot, Item Nos. 3 to 8 as Agricultural Lots, and Item Nos. 9 and 10 as Orchard Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Item No. 1 is further subject to Special Condition No. 2 (a) and Special Condition hereunder specified. Item No. 2 is further subject to Special Condition No. 2 (a). Item Nos. 3 to 8 are further subject to Special Conditions No. 1 (a) (b) and (c). Item Nos. 9 and 10 are further subject to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $4,250 and $13,000 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality,

Acres, or Square feet.

Upset

Price.

Crown Rent

No. D. D. Lot.

feet.

feet. feet. feet.

1179

Tai Po Market.

As per plan deposited in the District Office, North.

7,000 sq. ft.

140

17.00

185

328

Sheung Wo Tse.

22,500

225

52.00

1369

Nam She Po.

25 acre.

.30

1769

Tsz Tong Tsun.

'01

.10

1770

*01

.10

2039

.20

215

564

Sai Kung.

•25

.30

1180

Shak Kee Lung.

*96

105

1.00

185

329

Sheung Wo Tse.

12.92

704

13:00

83 2033

Tsung Hom Tong.

1:50

164

1.50

SPECIAL CONDITION TO ITEM No. 1.

　　1. The purchaser shall within one year from the date of purchase erect a retaining wall as shown coloured blue on tracing to the satisfaction of the Hon. Director of Public Works.

SPECIAL CONDITIONS TO ITEM No. 9.

1. The purchaser shall within 12 months from the date of sale plant 50% of the area with fruit trees such trees not to be more than ten feet apart.

864

2. Remainder of the areas shall be similarly planted with fruit trees within 24 months from the date of sale to the entire satisfaction of the District Officer, North.

3. The purchaser shall within 7 days from the date of sale pay a compensation of $20 to the Forestry Licensee No. 331 for the pine-trees growing on the Lot.

SPECIAL CONDITIONS TO ITEM No. 10.

1. The purchaser shall within 12 months from the date of sale plant 50% of the area with fruit trees such trees not to be more than ten feet apart.

　　　2. Remainder of the area shall be similarly planted with fruit trees within 24 months from the date of sale to the satisfaction of the District Officer, North.

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 343.-It is hereby notified that, the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11 a.m. on Thursday, the 22nd day of September, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Item No. 1 as a Building and Garden Lot, Item No. 2 as a Building Lot, Item Nos. 3 and 4 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Item Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Item Nos. 3 and 4 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,500 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D. Lot.

in Acres, or Price. Square feet.

Annual Upset Crown.

Rent.

131

810

Castle Peak.

As per plan deposited in the 10,000 sq. ft. 100

District Office, North.

11.50

2 115 1308

Shan Pui.

3 116 5226

Sheung Kong Tau.

4 129

3384

Sha Kong.

396

.50

.11 acre.

.20

.21

.30

7th September, 1932.

E. H. WILLIAMS,

District Officer, North

864

2. Remainder of the areas shall be similarly planted with fruit trees within 24 months from the date of sale to the entire satisfaction of the District Officer, North.

3. The purchaser shall within 7 days from the date of sale pay a compensation of $20 to the Forestry Licensee No. 331 for the pine-trees growing on the Lot.

SPECIAL CONDITIONS TO ITEM No. 10.

1. The purchaser shall within 12 months from the date of sale plant 50% of the area with fruit trees such trees not to be more than ten feet apart.

　　　2. Remainder of the area shall be similarly planted with fruit trees within 24 months from the date of sale to the satisfaction of the District Officer, North.

7th September, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 343.-It is hereby notified that, the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan at 11 a.m. on Thursday, the 22nd day of September, 1932.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Item No. 1 as a Building and Garden Lot, Item No. 2 as a Building Lot, Item Nos. 3 and 4 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Item Nos. 1 and 2 are further subject to Special Condition No. 2 (a). Item Nos. 3 and 4 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,500 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D. Lot.

in Acres, or Price. Square feet.

Annual Upset Crown.

Rent.

131

810

Castle Peak.

As per plan deposited in the 10,000 sq. ft. 100

District Office, North.

11.50

2 115 1308

Shan Pui.

3 116 5226

Sheung Kong Tau.

4 129

3384

Sha Kong.

396

.50

.11 acre.

.20

.21

.30

7th September, 1932.

E. H. WILLIAMS,

District Officer, North

865

PUBLIC WORKS DEPARTMENT.

　　No. S. 344.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 12th day of September, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Upset

Rent. Price.

feet.

feet. feet.

feet.

About

Garden Lot

No. 84.

Adjoining Rural Building Lot No. 337, Mount Cameron,

As per sale plan.

8,400

420

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

9th September, 1932.

R. M. HENDERSON,

Director of Public Works

PUBLIC WORKS DEPARTMENT.

No. S. 345.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Path from Tytam to Boa Vista ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 27th day of September, 1932. The work comprises the construction of a path 6' wide, surfaced with decomposed granite, running from Tytam Reservoir to Boa Vista, together with any other contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDErson,

Director of Public Works.

7th September, 1932.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Receiving Order and First General Meeting of Creditors.

No. 19 of 1932.

Re Peter Leong Hing Kee alias Leong Kam Hung of No. 22, Ice House Street, Victoria, in the Colony of Hong Kong Merchant, formerly carrying on business in Co-partner- ship with Augustin Leong Hing Kee alias Leong Kam Luen as "A. & P. Leong Hing Kee & Co."

Petition dated the 12th day of August, 1932. Receiving Order dated the 3rd day of September, 1932.

886

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 21 of 1932.

Re Gregorio Maria Xavier, of No. 334, Hennessy Road, (top floor), Victoria in the Colony of Hong Kong, Clerk.

Petition dated the 29th day of August, 1932. Receiving Order dated the 3rd day of September, 1932.

OTICE is hereby given that Thursday, NOTICE is hereby given that Wednesday,

　　　　　　　　　the 15th day of September, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong,

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 20 of 1932.

Re Augustin Leong Hing Kee alias Leong Kam Luen, of No. 59, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Mer- chant, formerly carrying on business in Co-partnership with Peter Leong Hing Kee alias Leong Kam Hung as A. & P. Leong Hing Kee & Co.

Petition dated the 12th day of August, 1932. Receiving Order dated 3rd day of September, 1932.

OTICE is hereby given that Thursday,

　　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 24 of 1932.

Re Robert George Witchell, of Airlie

Hotel, Kowloon, Clerk.

Petition dated the 6th day of September, 1932. Receiving Order dated 6th day September, 1932.

N the 15th day of September, 1932, at NOTICE is hereby given that Thursday;

　　　　　　11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 7th day of September, 1932.

E. L. AGASSIZ,

Official Receiver.

the 14th day of September, 1932, at 10 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 22 of 1932.

Re Leung Shiu Tak, of No. 13, Hill Road, (Second floor), Victoria in the Colony of Hong Kong, Clerk.

Petition dated the 29th day of August, 1932. Receiving Order dated the 3rd day of September, 1932.

OTICE is hereby given that Wednesday,

the 14th day of September, 1932, at 11 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 18 of 1932.

Notice of Adjudication and Appointment

of Trustee.

THE

Re Wat Chin Yu of No. 288, Queen's Road West, Victoria, in the Colony of Hong Kong, employee.

HE above-named Wat Chin Yu, was ad- judicated Bankrupt on the 3rd day of September, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

Dated the 7th day of September, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 18 of 1932.

Notice of Intended Dividend.

Be Wat Chin Yu, of No. 288, Queen's Road West, Victoria, in the Colony of Hong Kong, employee.

first and final dividend is intended to be

A declared in this matter.

Creditors who have not proved their debts by the 7th day of October, 1932, will be excluded.

Dated the 7th day of September, 1932.

E. L. AGASSIZ,

Official Receiver

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent

IN Transfer of Business Ordinance, No. 25

of 1923. Notice is hereby given that Chu Nam

(朱南) Yue Shing (余成) Leung Ming Chak) Yiu Kwai Sang

in the Colony of Hong Kong, Clerk. (E) Ng Koo () and

Chan Kam Chuen) all of No. 136, Temple Street, Yaumati, Kowloon, in the Colony of Hong Kong, with others carrying on the business of a Restaurant under the style or firm name of The Yee Fong Chan Restaurant

Petition dated the 29th day of August. 1932, Receiving Order dated 3rd day of September, 1932.

N The 14th day of ether, 1992, NOTICE is hereby given that Wednesday,

September, at 12 o'clock in the noon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 9th day of September, 1932.

E. L. AGASSIZ,

Official Receiver

() of No. 136, Temple (倚芳棧酒樓)

Street, Yaumati, aforesaid (hereinafter called "the Transferors") are desirous of transferring the said business of the said Yee Fong Chan

Restaurant to Lo Koon Chow ()

of No. 136, Temple Street, Yaumati aforesaid (hereinafter called "the Transferee") on the 7th day of October, 1932.

The Transferee intends to carry

on the business at No. 136, Temple Street, Yaumati aforesaid under the same style or firm name and will not assume the liabilities incurred by the Transferors in the said business.

Dated the 9th day of September, 1932.

RUSS & CO, Solicitors for the parties.

(FILE No. 310 of 1932) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Sun Tack Loong Company, Limited, whose registered office is situate at Victoria, in the Colony of Hong Kong and carrying on business at No, 307, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Manufacturers of Canned Goods, have, by an applicantion dated the 27th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MAYJAN

味

津

in the name of The Sun Tack Loong Company, Limited, who claim to be the proprietors thereof.

　　　The Trade Mark has not hitherto been used by the applicant company in respect of Season- ing Flavour in Class 42 but it is their intention

so to use it forthwith.

887

Pics N". 35 5 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Fuk Wah 61, Kweilin Street, Shamshuipo, Kowloon, Electric Flashlight Factory of Nos. 55 to

Hong Kong, Manufacturers, have on the 23rd day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

DIER

(1)

ΒΟΥ

(2)

EPHANT

BRAND

in the name of Fuk Wal Electric Flashlight Factory, who claim to be the proprietors

thereof.

The two Trade Marks are intended to be used forthwith by Fuk Wah Electric Flash-

　　Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and of the under-light Factory in respect of Electric Flashlights signed.

Dated the 9th day of September, 1932.

THE SUN TACK LOONG

CO., LTD.,

No. 307, Des Voeux Road Central,

Hong Kong, Applicants.

ORDINANCES FOR 1931.

OUND volumes of Ordinances of Hong Kong, including Pro-

BOUND

　clamations, Regulations, and Orders. in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5, Duddell Street.

and Flashlight Batteries and Cells in Class 8.

Representations of the two Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 9th day of September, 1932.

FUK WAH ELECTRIC FLASHLIGHT FACTORY, Nos. 55-61, Kweilin Street, Shamshuipo, Hong Kong,

Applicants.

(FILE No. 300 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Nam Shing

Manufacturers of No. 1 to 11 (odd Nos.) Yiu Wa Street, Wanchai in the Colony of applied for the registration, in Hong Kong, Hong Kong, on the 19th day of August, 1932,

in the Register of Trade Marks, of the following Trade Mark, viz:-

HONG KONG TELEPHONE

COMPANY, LIMITED.

OTICE is hereby given that on the 14th of June, 1932, the Directors of this Call of $2.50 per share upon the members Company passed a resolution making the Final

holding shares upon which only $7.50 per share has been paid, and that such Call will be payable to the Bankers of the Company, The Hong Kong & Shanghai Banking Corporation, at their Head Office, No. 1, Queen's Road Central, Victoria, Hong Kong, on the 30th day of September, 1932.

The Transfer Books of the Company will be Closed from the 9th September to the 15th

September, 1932, both days inclusive.

By Order of the Board,

W. L. McKENZIE,

Secretary.

Hong Kong, 19th August, 1931.

In the Matter of the Companies Ordin-

ance 1911,

and

In the Matter of the Sing Ping Enter-

tainment Ltd.

IN LIQUIDATION.

OTICE is hereby given that at an Ex- traordinary General Meeting of the above named Company duly convened and held at No. 6, Des Voeux Roai Central, in the Colony of Hong Kong, on the 29th day of August, 1932, the following resolution was passed as an Extraordinary Resolution :-

"That it has been proved to the satisfac- tion of the Company that the Com- pany cannot by reason of its liabilities continue its business, and that it is advisable to wind up the same, and accordingly that the Company be wound up voluntarily and that Mr. Pun Cho Kau of No. 6, Des Voeux Road Central be and he is hereby appointed Liquidator for the purpose of winding up."

Dated the 9th day of September, 1932.

CHOY WAI HUNG,

Chairman.

白告股退

民明作完將交利啟國

賓全各所記者廿免黎退數占金本後作出核該山港

年論舟日算號庄德

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),.

Half year, Three months,

(do.), (do.),

...

. $18.00 10.00

6.00

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,..

Each additional line,

Chinese, per Character,

Repetitions,

$1.00 for 1st

$0.20 ƒ insertion.

5 cents. Half price.

　　　Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

in the name of the said Nam Shing Manufac-

turers, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by

the Applicants in respect of Electric Torches and Flashlights in Class 8.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

黎作舟謹啓

西夏歷九八月月六初日八

黎後清之原輔作該楚股道

號自份黎西

交舟賓

無生願今作九涉意將因賓十特盈該志黎五此虧號圖作號鄭概之別舟廣重與股業黎昌聲黎份經作恒

Dated the 9th day of September, 1932.

No. 8, Des Vœux Road Central, Hong Kong.

(FILE No. 261 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Leong Wing Shing Firm of No. 152, Queen's Road West, Victoria, in the Colony of Hong Kong, on the 21st day of July, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

盛永梁

888

(FILE No. 266 of 1932)

TRADE MARKS ORDINANCE, 1999.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Tai Shing

N Knitting Frecto gyven that

Street, Shamshuipo, Kowloon, Hong Kong, have on the 26th day of July, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely:-

廠造織成大

(FILE NO. 226 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark

OTICE is hereby given that The Tung

Yuen Loong Firm (東源龍號)

of No. 28, Lung Iling Street, Fatshan, in the Province of Kwong Tung, China but its branch office is situate a No. 124, Bonham Strand East, (ground floor, Victoria, in the Colony of Hongong, Merchants on the 27th day of June, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark, viz:--

究必效霸商册註能源東用改臺拾式國民

00000

ооо

源

東

商

標

五

in the name of the said Leong Wing Shing Firm, who claim to be the proprietors thereof. The Trade Mark has been used by Applicants in respect of Chinese joss sticks in Class 50.

Dated the 12th day of August, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

((FILE No. 234 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N OTICE is hereby given that Electric

Service Corporation, Federal Inc., in

ELECTRIC

SERVICE

TAI SING KNITTING FACTORY

in the name of the said Tai Shing Knitting Factory, who claim to be the proprietors thereof. The Trade Mark is intended to be used by the applicants in Class 38 in respect of articles of clothing.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks. and of the undersigned.

Dated the 12th day of August, 1932.

A. E. HALL & CO., Solicitors for the Applicants,

Pedder Building,

Hong Kong.

(FILE No. 211 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

300006

80000 00000

in the name of The Tung Yuen Loong Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 20 in respect of Fireworks.

Facsimiles of the above Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the undersigned.

Dated the 8th day of July, 1932.

LO AND LO.,

Solicitors for the Applicants, Alexandra Building,

Des Voeux Road Central, Hong Kong.

(FILE NO. 227 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Yun Chim Kee Firm of No. 65, Caine Road, Hong Kong, have by an application dated the 27th day of June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

記沾頸港香

YANCHIM KEE

司公勒蕙

FEDERAL INC. U.S.A.

SHANGHAI

CORPORATION

in the name of the said Electric Service Cor- poration who claim to be the proprietors there- of.

The above Trade Mark has already been used by the Applicants in respect of Radio tubes valves, radio receivers, electric phonographs, 'musical instruments, theatre sound equipment, phonograph records and radio transmitters in Class 8.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of August, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central,

Hong Kong.

in the name of Chu Kwong Lan Firm, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Chinese prepared tobacco in Class 45.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 8th day of July, 1932.

CHU KWONG LAN FIRM,

No. 104, Wing Lok Street, Hong Kong, Applicants.

搖商註褟賞樹梛

in the name of Yun Chim Kee Firm, who claim to be the sole proprietors thereof.

The Trade Mark has been used by Yun Chim Kee Firm since the last ten years in respect of Confectionery in Class 42.

A facsimile of such Trade Mark can be seen in the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the Sth day of July, 1932.

YUN CHIM KEE FIRM,

No. 65, Caine Road,

Hong Kong, Applicants.

889

(FILE No. 193 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that British Cigarette Co., Ltd., whose registered office is situated at 6 Soochow Road, Shanghai, Tobacco Manufacturers, have on the 5th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :---

BELLE CHINA

(FILE NO. 229 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Mark.

NOTICE is hereby given that Lam Hung Kwong of No. 7, ground floor), Rutter Street, Tai Ping Shan, Hong Kong, has on the 28th day of June, 1932, applied for the re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

50 CIGARETTES

CIGARETTES

50 CIGARETTES

牌芳華

BELLE

ترسون

CHINA CIGARETTES

BRITISH CIGARETTE CO., LTD.

莞東

光鴻林

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

　　　　　The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45.

Representations of the Trade Mark are deposited for inspection in the

office of the Registrar of Trade Marks.

N°

Dated the 8th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road, Central,

Attorney.

(FILE No. 217 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Lai Yue Hang () of On Lok Village, Fanling in the New Territories of the Colony of Hong Kong, carrying on business as Tea Merchant under the style of Kong Sing () at Lima, Peru, Hong Kong and elsewhere has on the 21st day of

　　June, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

压茶盛廣

KWONG SING

TEA MERCHANT

EXPORT

BEST QUALITY

K.S.

in the name of Lam Hung Kwong, who claims to be the sole proprietor thereof.

The Trade Mark is intended to be used Medicines for man in Class No. 3. forthwith by the applicant in respect of

The applicant disclaims the right to the exclusive use of the Chinese characters (林光)

Dated the 8th day of July, 1932.

LAM HUNG KWONG,

No. 7, Rutter Street, ground floor, Tai Ping Shan,

Hong Kong, Applicant.

(FILE No. 190 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Dollar Battery Company of No. 284, Lockhart Road, in the Colony of Hong Kong, have on the 1st day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

DOLLAR

NO. 550 UNIT CELL

in the name of Lai

本號選庄

貸真價實

　　　　　　　　　　Yue Hang of On Lok Village, Fanling aforesaid trading as Kong Sing, who claim to be the sole proprietor thereof.

Dated the 8th day of July, 1932.

D'ALMADA AND MASON, Solicitors for the Applicant, No, 33, Queen's Road Central, Hong Kong.

TRADE

MARK

FLASHLIGHT

BATTERY

THE DOLLAR BATTERY CO.

PACE IN HONG KONG CHINA

in the name of the said The Dollar Battery Company, who claim to be the proprietors thereof.

The said Trade Mark is intended to be used by the Applicants in Class 8 in respect of Electric flashlight Cells and Batteries.

The Applicants disclaim the right to the exclusive use of the representative of a battery and "No. 550" and of the words and figures on the mark with the execption of the word "Dollar ",

$", and the firm's name and address.

Facsimile of Such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also of the Undersigned.

Dated the 8th day of July, 1932.

THE DOLLAR BATTERY COMPANY, No. 284, Lockhart Road, Hong Kong.

890

(FILE NO. 311 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Mar's,

TOTICE is hereby given that Wai Shin ak alias Vi-Khai of No. 182, Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 27th day of August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

丹佛:

丹佛

FAT TABL

in the name of Wai Shiu Pak alias Vi-Khai, who claim to be the Proprie tor thereof.

The Trade Marks are intended to be used by the Applicant in Class 3 in respect of Chemical substances prepared for use in medicine and pharmacy. The Trade Marks are associated with each other and with Trade Marks Nos. 147 of 1928, 250 of 1930, and 214 to 219 of 1931.

Facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of September, 1932.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

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

її

892

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 346.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

.Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

16th April,

1924.

30th April,

1926.

Notification.

29th October,

1926.

No. S. 301.

Netherland Indies.

Federated

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

1st July,

No. S. 259.

1932.

Settlements.

French

Do.

2nd July,

1932.

No. S. 260.

Indo-China.

Philippine

Do.

7th July,

1932.

No. S. 261.

Islands.

Shanghai.

Do.

14th July, 1932.

No. S. 262.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

18th July, 1932.

No. S. 270.

United States

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

16th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

893

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 347.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion.

of the Health Officer.

Cholera.

Swatow.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Authority.

Do.

Notification No. 362 of 8th June, 1932.

Notification No. 446 of 5th July, 1932.

Notification

No. 447 of 6th July,

1932.

Notification

No. 448 of 7th July, 1932.

Notification

No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification No. 570 of 2nd September,

1932.

Notification No. 571 of 3rd September,

1932.

Cholera.

Newchwang.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

Cholera.

Kiungchow (Hoihow).

Do.

16th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

HARBOUR Department.

　　No. S. 348.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Structural Alterations to motor launch R. D. 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 30th day of September, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office. The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

14th September, 1932.

G. F. HOLE,

Harbour Master, &c.

894

HARBOUR DEPARTMENT.

　　No. S 349.-Tenders are invited for the purchase of the following unserviceable Government stores:-

1 Fairway Buoy approximate weight 5 tons.

100 Four Gallon Lubricating Oil tins.

1 ton scrap iron (approximate).

1 Steam Boiler with mountings, firebars, approximate weight 11 tons.

1 Steam Boiler with mountings, firebars, approximate weight 8 tons.

　　Sealed tenders in triplicate which should be marked "Tender for the purchase of Unserviceable Government Stores" will be received at the Colonial Secretary's Office until Noon of Friday, 30th September, 1932.

　　The stores may be seen on application to the Assistant Government Marine Surveyor at Yaumati Slipway.

The Government does not bind itself to accept the highest or any tender.

16th September, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

　　No. S. 350.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for Lady Ho Tung Welfare Centre, Fanling", will be received at the Colonial Secretary's Office until Noon of Monday, the 3rd day of October, 1932. The work consists of the erection of a Clinic and quarters for Staff.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

14th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 351.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 3rd day of October, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Registry No. Sale.

Locality.

Contents Annual Upset

Sq. feet.

Rent. Price.

feet.

feet. feet.

feet.

About

As per sale plan.

5,000

12,500

New Kowloon Inland Lot

No. 1941.

Between

New Kowloon

Inland Lots Nos. 1887

and 1805 Apliu Street,

Shamshuipo.

　　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

16th September, 1932.

R. M. HENDErson,

Director of Public Works.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 7 of 1927.

Notice of Dividend Declared.

Re The Wing Sang Bank, of No. 167, Queen's Road Central, Victoria, in the Colony of Hong Kong.

third and final dividend of $1.40 per cent

has been declared in the above-matter.

NOTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 19th day of September, 1932, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 15th day of September, 1932.

E. L. AGASSIZ,

Official Receiver

In the Matter of the Sing Ping Enter-

tainment Limited.

IN LIQUIDATION.

OTICE is hereby given that the Creditors of the above named Company, which is being wound up volutarily, are required on or before the 6th day of October, 1932, to send in their names and addresses and the particulars of their debts or claims and the names and addresses of their solicitors (if any) to, the undersigned, and if required in writing from the said Liquidator, are by their Solicitors or personally to come in and prove the said debts or claims at such time and place as shall be specified in such notice or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 16th day of September, 1932.

PUN CHO KAU,

Liquidator.

919

In the Matter of The Sing Ping Enter.

tainment Company, Limited.

IN LIQUIDATION.

OTICE is hereby given that pursuant to

(FILE No. 335 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Section 181 of the Companies Ordi- NOTICE is hereby given that the Mitsubishi Shoji Kaisha Limited of Japan and of No. 14, Pedder Street, Victoria, Hong Kong, have, by an application dated the 8th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

nances 1911, a meeting of the Creditors of the above named Company will be held at 6, Des | Vœux Road Central, (Fourth Floor), Victoria, in the Colony of Hong Kong on Wednesday the 28th day of September, 1932, at 12 o'clock noon for the purpose provided for in the said : Section.

Dated the 16th day of September, 1932,

PUN CHO KAU,

Liquidator.

(FILE No. 340 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that 2 in 1-Shinola- Bixby Corporation, a corporation organised and existing under the laws of New Jersey, United State of America, located at 88 Lexington Avenue, City of New York, United States of America, have on the 7th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

SHINOLA

(2)

BULBUL

BRAND

in the name of the said Mitsubishi Shoji Kaisha Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Wheat Flour in Class 42.

Dated the 16th day of September, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building,

Hong Kong.

(FILE No. 298 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Yick Wah

Hong of No. 23, (First floor), Wing Wo Street, Hong Kong, has by an application dated the 16th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ΡΙΧ

白告股匙 SHINOLA FIX

黎

交舟賓

黎作舟謹啓

** VRF

in the name of 2 in 1-Shinola-Bixby Corporation,

who claim to be the sole proprietors thereof.

The Trade Mark have been used by the Ap-

plicats in respect of Cleaning, polishing and

# *✨#renovating preparations adapted for use on

後作出核該山

footwear of leather, rubber on fabric; leather goods; harness;

goods; harness; clothing; floors; woodwork;

furniture linoleum; automobiles, and the

4like; cleaners for white footwear and fabrics

西夏黎後清之原輔

歷 1 九八交號自份黎西月月無生願今作九六初

** 涉意將因賓十日八特:該志黎五此虧號圖作號鄭概之別舟廣重與股業黎昌聲黎份經作恒

polishes of all kinds in Class 50.

The Applicants disclaim the right to the exclusive use of the representation of a Tin appearing in the Trade Mark No. 1.

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of

Hong Kong and of the undersigned.

Dated the 16th day of September, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

;

吃梘華益

in the name of Yick Wah Hong, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants in respect of Soap Flake in Class No. 47 since February, 1932.

Facsimiles of the Trade Mark are deposited

for inspection in the Offices of the Registrar of Trade Marks Hong Kong and also of the undersigned. The applicants disclaim the right to the exclusive use of the Chinese characters

(益華視片)

Dated the 16th day of September, 1932.

YICK WAH HONG,

No. 23, 1st flr., Wing Wo Street,

Hong Kong, Applicants.

(FILE No. 297 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Au Yeung

NMC Lung of No. 158, Hollywood Road,

Hong Kong, has by application dated the 16th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

920

(FILE No. 240 of 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of a Trade, Mark,

(FILE No. 233 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Trade Marks.

OTICE is hereby given that Farleigh NOTIO

OTICE is hereby given that the Lee Chong Loong Firm of No. 62, Connaught Road Central (2nd Floor), Victoria, in the Colony of Hong Kong, on the 4th day of July, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

牌喜

WORCESTERSHIRE SAUCE

TRADE MARK

油髮生隆戊陽歐

in the name of Au Young Mow Lung, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hair Oil in Class 48.

　　　　　Facsimiles of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 16th day of September, 1932.

AU YEUNG MOW LUNG,

No. 158, Hollywood Road,

Hong Kong, Applicants.

(FILE No. 309 of 1932)

TRADE MARKS ORDINANCE, 1909.

Kun

Application for Registration of

a Trade Mark.

OTICE is hereby given that Lo Luk Kan

(HR) trading as "Tso Pi (R) of No. 143, Queen's

Road Central, (1st Floor), Victoria, in the Colony Hong Kong, has on the 25th. day of August, 1932, applied for registration in Hong

Kong, in the register of Trade Marks, of the following Trade Mark, namely:-

相根筆左

in the name of the said Lo Luk Kan trading as "Tso Pi Kun," who claims to be the sole pro- prietor thereof.

　　　　　　The Trade Mark is intended to be used by the Applicant in Class 3 in respect of Chemci il Substances prepared for use in Medicine and Pharmacy.

The Applicant disclaims the right to the

exclusive use of the Chinese characters

左筆根"

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Trade Marks

and of the undersigned.

Dated the 16th day of September, 1932.

A. E. HALL & CO.,

Solicitors for the Applicant,

Pedder Building,

Hong Kong.

F.N. & Co.

SOLE LEATHER

in the name of Farleigh Nettheim and Com- pany, who claims to be the sole proprietors thereof.

The applicants disclaim the right to the exclusive use of the words "F. N. & Co."

Representations of the Horse Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks.

Dated the 15th day of July, 1932.

HIMLY LIMITED,

No. 32, Connaught Road Central, Hong Kong,

Agents for the Applicant.

(FILE No. 207 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TRANDU

ONGHY

商鴨寶冊註

DUONG

頤養陳

in the name of Chan Oi Chee trading as Tran Duonghy Duong, who claims to be the pro- prietor thereof.

The Trade Mark is intended to be used forth- with by the applicant in respect of Patent Medicines in Class 3.

The applicant disclaims the right to the exclusive use of the words "Tran Duonghy Duong."

Representations of the above Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 15th day of July, 1932.

CHAN OI CHEE TRADING AS TRAN DUONGHY DUONG,

No. 515, Nathan Road,

Hong Kong, Applicants.

FOR ROAST MEAT STEAKS CUTLETS CHOPS

FISH CURRIES GRAYIES & GAME Possessing a peculier piquancy a from the superiority f its taste is more generally useful than any other sauce

btainable At all stores Grocers and Warehouses

INDIAN CONDIMENTS

TRADE MARK

GUARANT EED SUPERIOR QUALITY

Dated the 15th day of July, 1932.

HASTINGS, DENNYS & BOWLEY

Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 268 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Good-

year Tire & Rubber Company, a cor-

poration organized under the laws of the State of Ohio, in the United States of America, locat- ed and doing business at No. 1144, East Market Street, Akron, in the County of Summit, State of Ohio, U.S.A., Manufacturers, have on the 28th. day of July, 1932, applied for re- gistration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

TU-TONE

in the name of The Goodyear Tire & Rubber Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 25th. March, 1931, in respect of the following goods :-

Goods manufactured from india-rubber and gutta-percha not included in other classes, in Class 40.

Dated the 19th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 269 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Four Trade Marks.

NOTICE is hereby given that Batten and Company of China Building (Third

Floor), Queen's Road Central, Victoria, Hong Kong, Import and Export Merchant, have on the 29th day of July, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

RABBIT BRAND

(2)

RABBIT BRAND

(3)

(4)

SCISSORS

牌

TRADE

MARK

BRAND

"11

in the name of Batten and Company, who claim

to be the proprietors thereof.

　　　Trade Mark No. (1) has been used by the applicants in respect of Common soap in Class 47 and is intended to be used forthwith by the applicants in respect of Perfumed soap in Class 48.

　　　Trade Mark No. (2) has been used by the ap- plicants in respect of Canned Milk in Class 42.

Trade Mark No. (3) is intended to be used forthwith by the applicants in respect of Chemical substances used in manufactures, photography or philosophical research and anti-corrosives in Class 1, and of Raw or partly prepared, vegetable, animal and mineral sub- stances used in manufactures not included in other classes in Class 4, and of Bleaching powder in Class 47.

Dated the 19th day of August, 1932.

BATTEN AND COMPANY,

Applicants.

921

(FILE N o. 242 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

is hereby given that Societe Algama

(FILE No. 265 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE. 17, Hennessy Road, Wanchai, have on the 13th day of July, 1932, applied for Noor, Limited, of Cootamundra, New

the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

CIMENT

HAUR

PORTLAND

FLORENT

MONG

ROMO

in the name of Societe Algama, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Portland Cement in Class 17.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

The applicants disclaim the right to the exclusive use of the words "St Florent."

Dated the 12th day of August, 1932.

SOCIETE ALGAMA,

No. 47, Hennessy Road, Wanchai,

Hong Kong, Applicants.

(FILE NO. 267 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

FIGHTING

COCK

BRAND

in the name of Showan Tomes & Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to same forthwith in respect of Flour in Class 42:

use

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

OTICE is hereby given that Stratton &

South Wales, Australia, Flour Millers, have on the 30th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

STRATTON &

PATENT

SONS LTP ROLLER

CONQUEROR

COOTAMUNDRA

AUSTRALIA.

---

in the name of Stratton & Sons, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1893, in respect of Flour in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 270 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Chiu Yin Knitting Factory of No. 34, Nullah Road, Mongkok, in the Colony of Hong Kong, have, on the 3rd day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Mark of the following Trade Mark, viz-

廠造織然超

嘜

CHIU YIN FACTORY

in the name of Chiu Yin Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 38 in respect of Articles of Clothing.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 19th day of August, 1932.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

922

(FILE No. 235 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Sino

"Young Men's Friend."

ORDINANCES FOR 1931.

BOUND

OUND volumes of Ordinances of D Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions. etc., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5, Duddell Street.

(青年長友

in the name of The Sino German Dispensary' who claim to be the proprietors thereof.

Such Trade Mark has been used by the applicants in respect of Medicines in Class 3 since May, 1932.

A representation of such Trade Mark can be seen in the Office of the Registrar of Trade Marks, Hong Kong.

Dated the 15th day of July, 1932.

THE SINO GERMAN DISPENSARY,

No. 8A, Wing Lok Street East,

Hong hồng

Applicants.

The Hong Kong Government Gazette

Local Subscription.

Per aunum (payable in advance),..... Half year, Three months,

(do.), (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character,

Repetitions,

$18.00

10.00

6.00

$1.00 for 1st $0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion ir Friday's issue

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

924

LEGISLATIVE COUNCIL.

No. S. 352.-The following Bill is read a first time at a meeting of the Council held on the 22nd September, 1932:--

Short title.

Appropria. tion.

[No. 41-10.9.32.-2.] 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.

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 Ordinance for 1933.

2. A sum not exceeding Twenty-seven million five hundred and eighty-five thousand one hundred and 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

Fire Brigade

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

82,613

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

1,477,306

Charitable Services

182,510

Pensions

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

TOTAL.........$

27,585,142

925

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 353.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore to the effect that the restrictions gazetted as No. S. 262 have been removed.

23rd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 354.--Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301,

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

1st July,

No. S. 258.

Malay States.

1932.

Straits

Do.

1st July,

No. S. 259.

1932.

Settlements.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

7th July,

1932.

No. S. 261.

Islands.

Japan.

Do.

15th July,

1932.

No. S. 263.

All ports in the

Do.

18th July, 1932.

No. S. 270.

United States

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

23rd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

926

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 355.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Authority.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swatow.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

Do.

Cholera.

Kiungchow (Hoihow).

Do.

Notification

No. 362 of 8th June, 1932.

Notification No. 446 of 5th July,

1932.

Notification No. 447 of 6th July,

1932.

Notification

No. 448 of 7th July, 1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification No. 570 of 2nd September,.

1932.

Notification No. 571 of 3rd September, 1932.

23rd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

HARBOUR DEPARTMENT.

　　No. S. 356.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to No. 5 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 30th day of September, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

21st September 1932.

G. F. HOLE,

Harbour Master, &c.

927

POLICE DEPARTMENT.

　　No. S. 357.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Motor Vehicle Plates", will be received at the Colonial Secretary's Office until Noon of Friday, the 7th day of October, 1932.

More or less 1,000 sets Motor Vehicle Plates.

Form of tender may be obtained at the Colonial Secretary's Office.

For further particulars apply at the Office of the Inspector General of Police.

The Government does not bind itself to accept the lowest or any tender.

22nd September, 1932.

T. H. KING, Inspector General of Police.

PUBLIC WORKS DEPARTMENT

No. S. 358. It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Reconstruction of Main Outfall Nullah, Aberdeen Valley Scheme will be received at the Colonial Secretary's Office until Noon of Tuesday, the 11th day of October, 1932. The work consists of the reconstruction of the Main Outfall Nullah of the Aberdeen Valley Scheme, the reconstruction of the Main Road Bridge over the Nullah and Contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

23rd September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 359.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Tuesday, the 11th day of October, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Registry No.

Locality.

Sale.

Boundary Measurements.

Contents in

Annual

Upset

sq. feet.

Rental.

Price.

feet.

feet. feet.

feet.

About

Kowloon Inland Lot

No. 3000.

Junction of Kowloon City Road and Lok Shan Road,

As per sale plan.

4,900

To Kwa Wan.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

23rd September, 1932.

R. M HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 21 of 1931.

Notice of Intended Dividend.

Re Stanley Greenwood of 14 Essex Crescent, Kowloon Tong, in the Dependency of Kowloon and Colony of Hong Kong.

first dividend is intended to be declared

A first dividend is

Creditors who have not proved their debts by the 23rd day of October, 1932, will be excluded.

Dated the 23rd day of September, 1932.

E. L. AGASSIZ,

Official Receiver

In the Matter of the Companies Ordin-

ance 1911-1930,

and

In the Matter of the Tung Yick Steam-

ship Company, Limited.

IN LIQUIDATION.

OTICE is hereby given in pursuance to

　　　　　　Section 188 of the Companies Ordi- nances 1911, that a General Meeting of the Members of the abovenamed Company will be held at No. 43, Queen's Road Central, Victoria, Hong Kong, on Tuesday, the 25th October, 1932, at 3 o'clock p.m. for the purpose of having an account laid before them showing the manner in which the winding up has been conducted and the property of the Company disposed of, and also of hearing any explana- tions that may be given by the Liquidator, and also of determining by Extra Ordinary Resolu- tion the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed of.

Dated the 22nd day of September, 1932.

龍瑞初

Liquidator.

In the Matter of The Companies Ordin-

ance 1911-1930,

and

In the Matter of the Tung Wo Steam-

ship Company, Limited.

IN LIQUIDATION.

OTICE is hereby given in pursuance of Section 188 of the Companies Ordin- ance 1911 that a General Meeting of the Members of the abovenamed Company will be held at No. 43, Queen's Road Central, Victoria, Hong Kong, on Tuesday, the 25th October, 1932, at 4 o'clock p.m. for the purpose of having an account laid before them showing the manner in which the winding up has been conducted and the property of the Company disposed of, and also of hearing any explana- tions that may be given by the Liquidator, and also of determining by Extra Ordinary Resolu- tion the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed of.

Dated the 22nd day of September, 1932.

龍瑞初

935

PARTICULARS AND CONDITIONS OF SALE

VALUABLE LEASEHOLD PROPERTY

KNOWN AS

INLAND LOT No. 2063

TO BE SOLD

PUBLIC AUCTION

Tuesday, the 11th day of October, 1932 at

3 o'clock p.m.

MR. E. V. M. R. DE SOUSA Auctioneer

AT THE CHINA AUCTION ROOMS No. 14, QUEEN'S ROAD CENTRAL

The property consists of:-

LL that piece or parcel of ground situate

A at Pokfulum Road, Victoria, in the

Colony of Hong Kong and registered in the Land Offiee as Inland Lot No. 2063 together with the rights easements and appurtenances thereto belonging,

The above mentioned property contains an area of 30,962 square feet or thereabouts and is held for the residue of the term or 75 years commencing from the 19th day of April, 1918 with a right of renewal for one further term of 75 years created therein by a Crown Lease dated the 31st day of October, 1918 and made between His Majesty King George V of the one part and Li Po Lung of the other part Subject to the payment of the annual rent of $178.00 and performance of the convenants in the said Lease reserved and contained.

For further particulars please apply to:-

MESSRS. HASTINGS, DENNYS & BOWLEY, Solicitors, etc.,

8, Des Voeux Road Central,

or to

MR. E. V. M. R. DE SOUSA, Auctioneer.

Hong Kong, 23rd September, 1932.

PARTICULARS AND CONDITIONS OF SALE

A VALUABLE LEASEHOLD PROPERTY

KNOWN AS

D. D. 91 Lots H. 149B AND H. 150B,

TO BE SOLD BY

ORDER OF THE COURT

PUBLIC AUCTION

Tuesday the 4th. day of October, 1932 at 3 p.m.

LAMMERT BROTHERS

Auctioneers

AT THEIR AUCTION ROOM, DUDDell Street, HONG Kova.

The property consists of:-

LL that piece or parcel of ground situate at Shek Wui Hui in the New Territories in the Dependency of Kowloon and in the Colony of Hong Kong and registered in the Tai Po District Office as D.D. 91, Lot H. 149B and H. 150в together with all messuages or tenements erections and buildings thereon and the rights easements and appurtenances there- to belonging. D.D. 91, H. 149B, D.D. 91, H. 150в, Area

.01. A rea

011. Crown Rent:-- $1.50. Crown Rent:-$1.50. The above mentioned property is held for the residue of the term of 75 years with a renewal for a further term of 24 years com- mencing from the 1st day of July, 1998 created therein by a Crown Lease dated the 24th day of January, 1905 and made between His Majesty the King Edward VII of the one part and Liu Lin Sz of the other part.

For full and further particulars please apply

to :--

MESSRS. RUSS & CO.,

Solicitors,

Bank of Canton Building,'

or to

MESSRS. LAMMert Brothers, THE AUCTIONEERS.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 11 of 1931.

Notice of Intended Dividend.

Re Tai Yuen Shing, of 80 Connaught Road West, Victoria. in the Colony of Hong Kong, Timber Merchants.

first and final dividend is intended to be

declared in this matter.

Creditors who have not proved their debts by the 23rd day of October, 1932, will be excluded.

Dated the 23rd day of September, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Jung Ling late of the City of Chatham in the County of Kent, in the Province of Ontario in the Dominion of Canada, Restaurant Proprietor, Deceased.

NOTICE is hereby given that the Court

has by virtue of Section 58 of Probate Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 21st day of October, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 23rd day of September, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building,

Ice House Street,

Hong Kong.

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of George Winstanley Barton late of Belvedere Drive Wimbledon in the County of Surrey England Esquire Deceased.

by virtue of Section 58 of the Probate OTICE is hereby given that the Court has

Ordinance 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 21st of October, 1932.

All creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 22nd day of September, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Executors,

Prince's Building,

Ice House Street,

TT.

20.1

1400

936

白告股退|白告股退

論涉一份算因股原五啓特切日與清志份日號者退此權後創楚圖及黎廣本股豋利該辦自別與作昌港人報槪號人願業創佳恒德黎聲與生名將已辦所利輔作明黎意義該將人占記道佳以作盈完號各名該金謹免佳全之義號山九啟後無及退股核今之庄+

民明作完將交利啟國賓全各所記廿免黎退數占金本

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Selina Alethea Robilliard late of 43 Greencroft Gardens South Hampstead in the County of Mid- dlesex England Widow deceased.

NOTICE is hereby given that the Court

年論舟日算號德西夏黎後清之原輔歷作該楚股日道九八交號自份黎西月月無生願今作九 undersigned on or before that date. 六初涉意將因賓十日八特盈該志黎五此虧號圖作號鄭概之別舟廣重與股業黎昌聲黎份經作恒

has, by virtue of Section 58 of Probate

Ordinance 1897, made an order limiting the

time for creditors and others to send in their

claims against the above estate to the 21st of October, 1932.

All Creditors and others are accordingly hereby required to send their claims to the

黎作

明聲股退交舟賓

啓

(FILE No. 185 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Dated the 21st day of September, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Executors,

Prince's Building,

Ice House Street,

Hong Kong.

(FILE NO. 341 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks,

OTICE is hereby given that Kabushiki- Kaisda Takeda-Chobei Shoten of No. 27,

Nasa

承退一有百照一將顧退股千一三計百我星股股人九切十六等琴人百華二實+名耀陳人源三洋年四四下記紹紹十轇九折號所黃文記文二月共開占麗鄺年概十港張泰記香中黃陳鄺九與八銀營記韋圃麗香月退日六業行少韋記屛圃十股交干玉伯如興八人易四遷桂珍韋陳韋日無清百往生瑞李少廣如涉楚員德意意漑 Takeda-Chobei Shoten, who claim to be the 堂伯涵珍特日正輔股堂之 proprietors thereof.

此後頂道份葉羅 | Applicants in respect of Chemical substances

Doshomachi 2-chome, Higashiku, City of Osaka, Japan, on the 21st day f April, 1939

of applied for the registration, in Hong Kongs Trade Mark, viz: -

in the Register of Trade Marks, of the following

VITACAMPHER

in the name of the said Kabushiki-Kaisha

NOTICE is hereby given that The Jolson

Company of No. 328, Queen's Road

Central, Hong Kong, have on the 10th day of

September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks,

of the following Trade Marks :-

(1)

Dated the 23rd day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the applicants, No. 8, Des Voeux Road Central,

Hong Kong.

The Trade Mark has been used by the

prepared from camphor for use in medicine

葉耀羅秀玉華記堂

　　黎顧李豋該與西-秀玉 and 瑞星漑

報泰中二該華堂聲記興十行茲源琴之明行堂九前因記生承號在志陳意受三香圖作盈准樓港別屏虧- 永業陳及干退樂自廣所九出街願涵

pharmacy in Class 3.

Trade and Shipping Returns for the month of August,1932.

COM

OMPILED by the Statistical Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5, Duddell Street.

(Fine No. 257 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Vit-Alexin Laboratories Limited of No. 27, Walbrook, London and Vit-Alexin (China) Limited of Union Building, Victoria, in the

Colony of Hong Kong, have on the 20th day

Hong Kong of the accompanying Trade Mark :--

of July, 1932, applied for joint registration in

"VIT-ALEXIN'

in the names of the said Vit-Alexiu Laboratories Limited and Vit-Alexin (China) Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Patent Medicine in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central, Hong Kong.

SAAL

PEACH BRAND

嘜桃蟠

(2)

POMEGRANATE BRAND

嘜榴石

in the name of The Jolson Company, who claim to be the proprietors thereof.

The Two Trade Marks are intended to be used forthwith by The Jolson Company in respect of Woollen Blankets (not in piece) in Class 35.

Representations of the Two Trade Marks are depostied for inspection in the Offices of Registrar of Trade Marks and also of the undersigned.

Dated the 23rd day of September, 1932.

THE JOLSON COMPANY, No. 328, Queen's Road Central,

Hong Kong, Applicants.

(FILE No. 291 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

TOTICE is hereby given that The

937

(FILE No. 299 of 1932)

TRADE MARKS ORDINANCE, 1909.

　N China Paint Manufacturing Company, Limited, of No. 33, Castle Peak Road, Cheung N

in the name of The China Paint Manufacturing

Company, Limited, who claim to be the pro- prietors thereof.

　　　　　The above Mark has not hitherto been used but is intended to be used forthwith by the applicants in respect of Paints, Varnishes, Enamels and Mineral Dyes in Class 1.

Dated the 26th day of August, 1932.

C. Y. KWAN,

Solicitor for the Applicants, 4A, Des Voeux Road Central, Hong Kong.

　　　　　　　(FILE No. 295 of 1932) TRADE MARKS ORDINANCE,

Application for Registration of a Trade Mark,

1909.

NOTICE is hereby given that China Fire-

DO NOT HOLD IN HAND AFTER LIGHTING

"RED INJUN BRAND

Application for Registration of a Trade Mark.

OTICE is hereby given that the Sam Young Silk Mill of No. 47, Jervois Street, Victoria, in the Colony of Hong Kong, on the 17th August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

商部

註冊

in the name of the said Sam Young Silk Mill, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Silk piece goods in Class 31.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 271 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

CTICE is hereby given that The Tse Wo Cheong Firm of No. 50, Bonham Strand West, Victoria, in the Colony of Hong Kong, have on the 3rd day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz:-

(FILE NO. 259 of 1932;

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Fritz Schulz Jun. Aktiengesellschaft of Harden- bergstrasse 11, Leipzig, Germany on the 29th day of March, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :--

GEOL

in the name of the said Fritz Schulz Jun. Aktiengesellschaft, who claim to be the pro-

prietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Cleaning and Polishing

preparations and materials in Class 50.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

(FILE No. 418 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Max Factor & Co., Inc., of Delaware of 1666 North Highland Avenue, Los Angeles, State of California, United States of America, have, by an application dated the 11th day of Sepetem- ber, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Max Factor's

0041

行粉薯昌和謝

转身争在無雜質而且乾爽雪白丸

| 木親自精工製造正地道著掛行

CHAELSEPA* *SEZONO 府注册如有假固定即擊官究治仰持用禾昌商桂以杜冒號經在中英政説詁君認月禾昌商標本粉

無心之徒假冒本忧牌名市衡射利今

ㄒ外

廣州市香港澳門

【中華炮竹公司造

FLASHLIGHT FIRECRACKERS EXTRAFINE QUALITY, MADE IN CHINA

KWONG KEE CHEONG PROPRIETORS OF CHINA FIREWORKS MFG. CO. MACAO

仰政今

in the name of China Fireworks Manufacturing Company, who claim to be the proprietors thereof.

　　　　Such Trade Mark has been used by China Fireworks Manufacturing Company in respect of Fire Crackers in Class 20 since July, 1932.

　　　　Representations of the above Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks, Hong Kong, and also of the undersigned.

Dated the 26th day of August, 1932.

CHINA FIREWORKS MANUFACTURING COMPANY,

Applicants.

in the name of the said Tse Wo Cheong Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of eatables in Class 42.

A facsimile of the above Trade Mark can be seen at the office of the Registrar of Trade Marks Hong Kong and the undersigned.

Dated the 26th day of August, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Vœux Road Central,

Hana Kano

in the name of the said Max Factor & Co., Inc., who claim to be the proprietors thereof.

The Applicants intend to use the said Trade Mark forthwith in respect of theatrical make- ups-viz, grease paints in tubes, lining colours, liquid body make-up, face powders, cold creams, lip sticks, eyelash colouring, liquid make-up remover, nose putty, black tooth enamel, eyebrow pencils, moist rouge, dry rouge, cosmetic whitener; minstrel make-up consisting of burnt-cork preparation, clown white, brilliantine liquid and paste, coloring for hair, eyebrows and eyelashes, in Class 48. The applicants disclaim the right to the exclusive use of the word "Factor.'

Facsimiles of the Trade Mark can be seen at the office of the Registrar of Trade Marks and at the office of the undersigned.

Dated the 26th day of August, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants,

St. George's Building,

Chater Road,

Hana Ka

938

(FILE No. 228 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

OTICE is hereby given that the Chung Wah Factory of No. 38, Mai Fau Main Street, Canton, in the Province of Kwong Tung, in the Republic of China, also carrying on business at No. 84, Ko Shing Street, Victoria, in the Colony of Hong Kong, have on the 2nd. day of June, 1932, applied for the registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely:-

(FILE NO. 241 or 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that A. C.

TRADE

MARK

祥

厰造製中

簽牙苷上

CHUNG WAH FACTORY

TOOTH PICKS

in the name of the said Chuug Wah Factory, who claim to be the proprietors thereof.

　　　　　　　The Trade Mark is intended to be used by the applicants in Class 50 in respect of Tooth Picks.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 22nd day of July, 1932.

NOTIC

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong.

(FILE NO. 239 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

[OTICE is hereby given that the Colgate-Palmolive-Peet Company, a corporation organized under the laws of the State of Delaware, having its principal office at 919 North Michigan Avenue, Chicago, Illinois, have on the 9th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

造製國美

MADE IN THE UKA,

MADE IN THE USA.

造製國美

TRADE

MARK

in the name of the said A. C. Wilson and Company, who claim to be the proprietors thereof.

The applicants disclaim the right to the exclusive use of the letter "W" in the said Mark.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Mark and of the undersigned.

Dated the 22nd day of July, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building, Hong Kong,

(FILE NO. 259 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Cathay

Match Company, Limited, of 1, Kiukiang

Road, Shanghai, have, on the 9th. day of May, 1932, applied for the registration, in Hong Kong,

in the Register of Trade Marks, of the following Trade Mark, viz :-

牌霆全安

* PALMOLIVE

COLGATE-

PALMOLIVE-PEET CO.

CHICAGO. U. S. A.

FINE

TOILET SOAP

皂香欖粽

in the name of Colgate-Palmolive-Peet Company, who claim to be the pro- prietors thereof.

　　　　　　　The above Trade Mark has already been used by the Applicants since 1923, in respect of Toilet Soap in Class 48.

The above Mark is associated with Trade Marks Nos. 97 to 100 of 1930. The application is limited to the colours shown on the specimen of the mark attached to the application.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks ond of the undersigned.

Dated the 22nd day of July, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, No. 2, Queen's Road Central,

Hong Kong.

民司

柴

THE CATHay matcH COMPANY

in the name of the Cathay Match Co., Ltd., who claim to be the proprietors thereof.

The intention is to use the above Trade Mark

in respect of Matches in Class 47 forthwith.

The Trade Mark is associated with Trade Marks Nos. 226 of 1924, 44 of 1926 and 57 of 1929.

Dated the 22nd day of July, 1932.

H. A. PEARSON, Agent for the Applicants,

Asiatic Building, Hong Kong.

939

(FILE No. 123 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

(FILE NO. 237 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Four Trade Marks.

NOTICE is hereby given that Kwong Wing

Shing of No. 193, (First Floor), Des Vœux Road West, Hong Kong, Firecracker

Merchants, have on the 9th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade

Marks:

(1)

曾聲榮廣

BECKWONG WING SHING

(2)

AUTORIST

1. Jun

EET SEM

SOLA

PROBOLINGGO

EWING CHANN

30/0

FEELDETU

in the name of Autorist S. A. Autorist Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of self- winding wristlet watches in Class 10.

　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 22nd day of July, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE No. 292 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Socony-Vacuum Corporation (formerly named Standard Oil Company of New York), a Corporation organized under the laws of the State of New York in the United States of America, and having their principal place of business at 26 Broadway, in the City, County and State of New York, have on the 11th of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

SOCONY-VACUUM

单赤湾州廣

(3)

PEZALONGAN

CHT JUNG

רון

RECEPATA É

GATOETASISO(

(4)

###

PERANAN

ORAMAS OF JAVA

in the name of Kwong Wing Shing, who claim to be the proprietors thereof.

Trade Marks Nos. (1), 2) and (3) have been used by the applicants in respect of Firecrakers in Class 20. Trade Mark No. (4) is intended to be used forthwith by the applicants in respect of Firecrackers in Class 20.

Dated the 22nd day of July, 1932.

KWONG WING SHING, No. 193, First Floor, Des Voeux Road West,

Hong Kong, Applicants.

(FILS No. 236 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that furlon

Rubber Company, Limited, of Fort Dunlop, Erdington, Birmingham, England, on the 27th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

in the name of Socony-Vacuum Corporation (formerly named Standard Oil Company of New York), who claim to be the proprietors thereof.

　　　　The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it in respect of :-

Petroleum and Products of Petroleum with or without admixture

of other materials in Class 47. .

Dated teh 26th day of August, 1932.

SOCONY-VACUUM CORPORATION

H. L. SCHULTZ, GENERAL MANAGER.

MAXPLY

in the name of the said Dunlop Rubber Company, Limited, who claim to be the pro- prietors thereof.

The Trade Mark has been used by the Applicants in respect of Rackets for Tennis and Badminton in Class 49.

Dated the 22nd day of July, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

940

(FILE No. 315 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Singer

Manufacturing Company of 149 Broad- way, New York, County and State of New York, United States of America on the 15th day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

(FILE NO. 274 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

TOCOTONE

SINGER

SEWING

MACHINES

生育寶

in the name of the said The Singer Manufactur- ing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Sewing Cottons in Class 23.

Dated the 23rd day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

in the name of the said Li Yau Chuen, who

claim to be the proprietor thereof.

The Trade Mark is intended to be used by Applicant in respect of proprietary medicines and particularly in respect of "Tocotone in Class 3.

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932.

LI YAU CHUEN, No. 98, Caine Road,

Hong Kong, Applicant.

(FILE No. 339 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICH IS WAY of No. 52, Hennesey

OTICE is hereby given that Kung Ping

ORDINANCES FOR 1931.

DOUND volumes of Ordinances of

Road, Victoria, th day of September, 1932, B Hong Kong, including Pro-

have, on the

applied for registration, in Hong Kong, of the

accompanying Trade Mark :-

廠鐵

KUNG

鋼平公

公海

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Dated the 23rd day of September, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong

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LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 360. --The following bills are published for general information:-

[No. 39: 6.9.32.-4.]

(C.S.O. 3245/20).

A BILL

Short title.

7.mendment

INTITULED

An Ordinance to amend the Waterworks Ordinance, 1903.

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 Waterworks Amendment Ordinance, 1932.

　　　　　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.

Amendinent

　　　　　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.

.mendment

4. Section 6 of the Waterworks Ordinance, 1903, is repealed.

5. The proviso at the end of section 8 of the Water-

f Ordinance works Ordinance, 1903, is repealed.

No. 16 of

1903, s. 8.

1.epeal of Ordinance No. 16 of 1303, s. 9.

Jepeal of Ordinance No. 16 of 1903, s. 11 and heading.

Amendment

of Ordinance No. 16 of 1903, s. 12.

Lendment

of Ordinance

No. 16 of

1903, s. 16.

6. Section 9 of the Waterworks Ordinance, 1905, 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 amended by the deletion of all the words following the word "regulations" in the ninth line and by the substitution therefor 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'.

Objects and Reasons.

1. The object of this Ordinance is to delete from the principal Ordinance all the provisions relating to the system of supplying, in certain privileged districts, unmetered water to tenement houses by means of what were known as "rider mains", thus implementing the Resolution which was passed by the Legislative Council on the 18th August, 1932.

C. G. ALABASTER,

Attorney General.

August, 1932.

C.S.O.

943

[No. 37-19.8.32.-2.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

dangerous drugs.

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.

(h) "Medicinal opium" means raw opium which has 15 & 16 Geo. undergone the processes necessary to adapt it for medicinal 5. c. 74, s. 4. 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.

13 & 14 Geo.

5, c. 5, s. 6; 22 Geo. 5, c. 15, s. 3.

Restrictions on dealings

drugs and coca leaves.

944

(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 13th 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 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

945

(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 Schedule. 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 he exported and has not been obtained by any misrepresentation.

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.

(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,--

cocaine, etc.

ss. 7, 11.

Ordinance No. 9 of

(a) to manufacture at the shop in the ordinary course 1916. of his retail business any preparation, admixture, or extract of any drug to which this Ordinance applies; or

Drugs to which this Ordinance applies. 10 & 11 Geo.

5, c. 46, s. 8; 22 Geo: 5,

c. 15, s. 1.

946

(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 ecgovine 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 inert 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 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';

947

(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).

10 & 11 Geo.

s. 12.

6.(1) The granting or refusal of any licence or Licences. authority under this Ordinance, and the revocation of any 14, such licence or authority, shall lie in the absolute discretion 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.

7. (1) It shall be lawful for any public officer authorised Arrest. by the Superintendent in that behalf

(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 scarched 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 (f) is liable to seizure;

search, inspection, seizure,

removal, and

detention.

it & 11 Geo.

3. c. 46.

ss. 10. 14.

Postal provisions.

948

(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--

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,

　　　　　　seizure, or removal, which is authorised by this Ordinance.

8.--(1) No person shall send by post any drug to which 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) (f).

949

(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) (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.

tions.

9.--(1) Every person who is proved to have had in Presump- his possession or under his control any thing whatsoever 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, be 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.

dent's

10. (1) A certificate in the form of the Superintendent's Superinten- certificate set out in the Schedule, signed by the Superinten- certificate. dent, if it purports to relate to any drug to which this Ordin- Schedule. 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 procedure. 10 & 11 Geo.

(a) acts in contravention of, or fails to comply with, any provision of this Ordinance or of any regulation made there- 5, c. 46, under; or

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

950

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 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

951

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.

Ordinance

13. Nothing in the Pharmacy and Poisons Ordinance, This 1916, or in any regulation made under the Pharmacy and not to be 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

pro sions

opium and

14.-(1) No person shall trade in or manufacture for the Special 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 coca leaf. 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. 15, 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 made 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 such 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".

16.-(1) No person shall cultivate the plant known as Special 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.

provisions as to cannabis sativa.

Power to exclude certain

from the Ordinance.

952

(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 noi, 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-

meut.

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

22 Geo. 5,

SCHEDULE.

IMPORT CERTIFICATE.

DANGEROUS DRUGS ORDINANCE, 1932.

INTERNATIONAL OPIUM CONVENTION, 1925.

[s. 3 (3).1

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

丰

953

the International Opium Convention of 1925 applies, has approved

the importation by (a)

(a) Name, address and business of importer.

of (b)

from (c)

(0) Exact description and amount of drug to be imported.

(c, Name and address 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

Date

Signature

Official Rank

954

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.

Objects and Reasons.

1. In 1931 a conference was held at Geneva for the purpose of supplementing the provisions of the International Opium Convention, known as "The Hague Convention," signed at the Hague on the 23rd January, 1912, and of the International Opium Convention, known as "The Geneva Convention (No. 1)", signed at Geneva on the 19th February, 1925.

2. As a result of the conference, a convention, for the purpose aforesaid and known as "The Geneva Convention (No. 2)", was signed at Geneva on behalf of His Majesty on the 13th July, 1951.

3. By Article 11 of the Geneva Convention (No. 2) it is provided that in the event of the Health Committee of the League of Nations, after consulting the Permanent Committee of the Office International d'Hygiene Publique in Paris, deciding that any product obtained from any of the phenanthrene alkaloids of opium or from the ecgonine alkaloids of the coca leaf, (not being a product which was on the 13th July, 1931, being used for medical or scientific purposes) is, or can be converted into, a drug capable of producing addiction, the Health Committee should notify the Secretary-General of the League of Nations of their decision. The Secretary-General was required to communicate the

955

decision to the parties to the Convention, who undertook to apply to that product the measures of control specified in the Convention.

4. Article 30 of the Geneva Convention (No. 2) provides that the Convention shall not come into force until ninety days after the Secretary-General has received the number of ratifications or accessions therein specified.

5. The existing law of the Colony relating to dangerous drugs is contained mainly in the Pharmacy and Poisons Ordinance No. 9 of 1916, and the Regulations thereunder and in the Dangerous Drugs Ordinances, No. 22 of 1923 and No. 4 of 1928, and the Regulations thereunder.

6. As a result of the Geneva Convention (No. 2) it became necessary in England to pass, on the 24th March this year, the Dangerous Drugs Act, 1932, amending the Dangerous Drugs Act, 1920, the Dangerous Drugs and Poisons (Amendment) Act, 1923, and the Dangerous Drugs Act, 1925, on which the local legislation is mainly founded.

7. Consequently it becomes necessary to amend the two local Dangerous Drugs Ordinances. This Ordinance therefore consolidates Ordinances No. 22 of 1923 and No. 4 of 1928 with amendments suggested by the Dangerous Drugs Act, 1932, and by the Secretary of State's Circular Despatch of the 22nd July, 1932.

August, 1932.

C. G. ALABASTER,

Attorney General.

Dangerous

Drugs Ordinance

1932

Section.

956

TABLE OF CORRESPONDENCE.

Ordinance No. 22 of

Remarks.

1923. Section.

2 (1)

2 (2)

5 (1) (2)

5 (3)

5 (8)

5 (4)

Paragraphs (a), (b), (f), (g), and (h) as enacted by Ordinance No. 4 of 1928.

A reference to the Geneva Convention of 13th July, 1931 (otherwise known as the Geneva Convention No. 2) has been added. See Dangerous Drugs Act, 1932, s. 3.

As enacted by Ordinance No. 4 of 1928.

Sub-sections (1) and (2) are taken from section 1 (1) of the Dangerous Drugs Act,

1932.

The added words "or is capable

used" are taken from section 1 (2) of the Dangerous Drugs Act, 1932.

Sub-section (1) as enacted by Ordinance

No. 4 of 1928.

As amended by Ordinance No. 4 of 1928.

As enacted by Ordinance No. 4 of 1928.

Section 14 is taken from section 2 of the

Dangerous Drugs Act, 1932.

As enacted by Ordinance No. 4 of 1928.

ས་

Schedule. Schedule.

Do.

Repeals.

Section 19 is adapted from section 5 (3)

of the Dangerous Drugs Act, 1932.

As amended by Ordinance No. 4 of 1928.

957

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 361.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

1st July,

No. S. 258.

Malay States.

1932.

Straits

Do.

1st July,

No. S. 259.

Settlements.

1932.

French

Do.

Indo-China.

2nd July,

1932.

No. S. 260.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

30th September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

958

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 362.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Swater.

Do.

Cholera.

Tientsin.

Do.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Do.

Cholera.

Dairen.

Cholera.

Foochow.

Do.

30th September, 1932.

Authority.

Notification No. 362 of 8th June. 1932.

Notification No. 446 of 5th July,

1932.

Notification

No. 447 of 6th July,

1932.

Notification No. 448 of 7th July, 1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification

No. 570 of 2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

FIRE BRIGADE DEPARTMENT.

　　　No. S. 363.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply and fixing of Fire Equipment at Govern- ment Civil Hospital and Mental Asylum", will be received at the Colonial Secretary's Office until Noon of Friday, the 14th day of October, 1932. The work consists in the supply and fixing to existing rising mains of the undermentioned fire equipment at the Government Civil Hospital and Mental Asylum :

1. Eight Fire hydrant valves with H.K.F.B. 23" diameter round thread outlets. 2. Eight brass or bronze adaptors for the above, 23" diameter female reducing

to 1" male outlet, H.K.F.B. threads.

Each length to be fitted

3. Eight hundred and forty feet of best canvas hose 1" diameter made up in

lengths of twelve of 50 feet and four of 60) feet. with couplings of H.K.F.B. round thread type.

4. Eight Branchpipes complete with nozzles.

5. Sixteen Steel hose spanners.

6. Six glass fronted and two plain wood fronted hose

contain two lengths of fire hose and fittings. in vermilion with the words "FIRE HOSE" thereon.

boxes of sufficient size to The boxes to be finished in black letters painted

For further particulars application should be made to Superintendent, Fire Brigade.

T. H. KING, Chief Officer, Fire Brigade.

959

HARBOUR Department.

　　　No. S. 364. It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to No. 3 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 14th day of October, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

G. F. HOLE,

Harbour Master, &c.

HONG KONG VOLUNTEER DEFENCE CORPS.

Headquarters, Hong Kong.

　　　No. S. 365.-It is hereby notified that sealed tenders in triplicate, which must be clearly marked "Tender for Matsheds and Bridge and Provisions and Stores, etc., Fanling Camp", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for the supply and erection of Matsheds and a Bridge; the provision of Supplies, Stores, Labour, Messing, including the supply of Dining Table, Forms, etc. The whole of the foregoing will be required by the Hong Kong Volunteer Defence Corps during the period of their Annual Camp from 18th November to 11th December, 1932.

　　　Each Tenderer must produce with his tender a receipt for the sum of Dollars One Hundred and Fifty ($150), which amount he is required to deposit with the Colonial Treasurer, as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderers refuse or fail to carry out to the satisfaction of the Com- mandant, the whole or any portion of the tender, which may be accepted.

　　　Forms of Tender and further particulars may be had on application to the Adjutant, Hong Kong Volunteer Defence Corps, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

W. H. G. GOATER,

Captain and Adjutant,

H.K.V.D. Corps.

960

PUBLIC WORKS DEPARTMENT.

　　No. S. 366.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Lairage, Ma Tau Kok ", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 11th day of October, 1932. The work consists of site preparation and the erection of a Lairage.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

29th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 367.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for New Service Reservoir, Yaumati", will be received at the Colonial Secretary's Office until Noon of Monday the 17th day of October, 1932. The work consists of the Construction of Covered Concrete Service Reservoir situated on Danger Flag or Yaumati Hill.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 368.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Chinese Cemeteries", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for the supply of labour and material for the Chinese Cemeteries in Hong Kong and Kowloon during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDErson,

Director of Public Works.

961

PUBLIC WORKS DEPARTMENT.

No. S. 369.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for providing and fixing boundary stones to lots", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for providing and fixing boundary stones to lots in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

30th September, 1932.

PUBLIC WORKS DEPARTMENT.

No. S. 370.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for maintenance of Water Works", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for the maintenance, repair, and minor extensions or alterations of Water Works in Hong Kong, Kowloon and the New Territories, during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT

No. S. 371.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for maintenance, etc., of Nullahs, and construction of additional Sewers, etc. ", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932. for the maintenance and repair of, and exten- sion to all nullahs, and the construction of additional Sewers, Drains and Nullahs in the Colony of Hong Kong, Kowloon and the New Territories during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

30th September, 1932.

962

PUBLIC WORKS DEPARTMENT.

No. S. 372.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the maintenance, repair, etc., of Roads, etc. ", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for the maintenance, repair, and minor extensions or alterations of Roads, Streets, Bridges, Public Cemeteries, Recreation Grounds, and relative works in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 373.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the maintenance, repair, etc., of Government Buildings". will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of· October, 1932, for such works as may be ordered in the maintenance, repair, alterations and additions to Government Buildings in the Colony of Hong Kong, Kowloon and the New Territories during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 374.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Stores ", will be received at the Colonial Secretary's Office until Noon of Thursday, the 20th day of October, 1932, for the supply and delivery of the undermentioned Stores required by Government Departments during the year 1933:-

}

962

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

}

Class.

No. 1.-Asbestos and Packings.

2.-Bamboo, Cane Goods and Fire-

wood.

3.-Belting.

4.- Bolts and Nuts, and Nuts. 5.--Bricks, Cement, Lime and S. W.

Pipes, &c.

6.-Brooms and Brushes.

7.--Canvas.

S.-Clothing, Drapery and Haber-

dashery.

9.-Colours, Paints and Varnishes. 10.-Cordages, Ropes and Twines. 11.--Drysalteries.

12. Electrical Goods.

13.-Files (Cast Steel). 14. Glassware.

15.-Greases.

16.---Hinges, Handles, Hasps and Bolts. 17.-Household Utensils.

18.-India Rubber Goods.

19.--Iron and Steel.

963

Class.

No. 20.Iron and Brass Castings, and

Repairs.

21.- Lamps.

22. Leather Goods. 23.- Locks.

24. Metals, Non-ferreous.

25.--Nails and Tacks. 26.- Oils.

27.-Sanitary Goods.

28.

29.

Screws and Cotter Pins.

Stationery and Office Requisites. 30. Sundry Furnishings.

31.-Timber.

32.

Tools and Implements. 33.--Tool Shafts and Handles. 34.-Waste and Wicks.

35.-Water Pipes and Fittings. 36.-Explosives.

37.--Asphaltum. 38.-Furniture.

39.-Iron and Brass Castings (Rail- way Department).

Each of the above is a separate and distinct Specification.

Tenders may be sent in for one or more Classes and Contractors may tender for all or any part of the articles detailed in each Specification.

Each Tenderer must produce with each Tender a receipt that he has deposited in the Colonial Treasury the sum prescribed on the respective Tender Forms as a pledge of the bona fides of his tender. In the event of acceptance of part only of a tender the deposit may be reduced by an amount to be determined by Government; in no case shall any deposit be less than $50 (Dollars fifty). The said deposit shall be forfeited to the Crown should the Tenderer refuse or fail to carry out to the satisfaction of the Govern- ment the whole or any portion of the tender which shall be accepted. The deposit, with interest thereon, shall be released on the satisfactory termination of the Contract.

The deposit shall be returned to any Tenderer whose tender is not accepted.

　For Specifications and Forms of Tender apply at the office of the Superintendent, Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of each Specification.

30th September, 1932.

R. M. HENDErson,

Director of Public Works.

964

PUBLIC WORKS DEPARTMENT.

No. S. 375.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 17th day of October, 1922, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements. Contents

Annual

of Sale.

Registry No.

Locality.

Upset

Sq. feet.

Rent.

Price.

feet.

feet. feet.

feet.

About

1 Inland Lot

No. 3504.

East of Inland Lot No. 2918, Shaukiwan Road,

As per sale plan.

42,000 772

21,000

North Point.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 376.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 17th day of October, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

¡Contents

in Sq. feet.

Annual

Upset

Rent, Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot No. 3021.

Adjoining Kowloon Inland Lot No. 2197,

As per sale plan.

2,232

2,790

Ma Tau Wai Road.

Shek Shan.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Public Examination.

No. 19 of 1932.

Re Peter Leong Hing Kee alias Leong Kam Hung, of No. 22, Ice House Street, Victoria, in the Colony of Kong, Merchant formerly carrying on business in Co-partnership with Augustin Leong Hing Kee alias Leong Kam Luen as "A & P" Leong Iling Kee & Co.

OTICE is hereby given that the Public Examination of the debtor Peter Leong Hing Kee alais Leong Kam Hung will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 8th day of October, 1932, at 10 a.m.

No. 20 of 1932.

Re Augustin Leong Hing Kee alias Leong Kam Luen, of No. 59, Des vœux Road Central, Victoria, in the Colony of Hong Kong, Merchant, formerly carrying on business in Co-partnership with Peter Leong Hing Kee alias Leong Kam Hung as " A & P Leong Hing Kee & Co."

OTICE is hereby given that the Public

　　　　　　　　Examination of the debtor Augustin Leong Hing Kee alias Leong Kam Luen will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 8th day of October, 1932, at 10 a.m.

No. 21 of 1932.

Re Gregorio Maria Xavier, of No. 334, Hennessy Road, (top floor) Victoria, in the Colony of Hong Kong, Clerk.

NOTICE is hereby given that the Public

Examination of the debtor Gregorio Maria Xavier will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Satuary, the 8th day of October, 1932, at 10 a.m.

No. 22 of 1932.

Re Leung Shiu Tak, of No. 13, Hill Road, (second floor), Victoria, in the Colony of Hong Kong, Clerk,

OTICE is hereby given that the Public Examination of the debtor Leung Shiu Tak will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on

967

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 25 of 1932.

Re Jorge Carlos de Souza, of No. 250, Sai Yeung Choi Street, Mongkok, Clerk.

Petition dated the 23rd day of September, 1932.

Receiving Order dated the 23rd day of September, 1932.

NOTICE is hereby given that Thursday, the 6th day of October, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 30th day of September, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In The Goods of Rafael Echegoyen late of Manila in the Philippine Islands, Merchant, deceased.

NOTICE is hereby given that the Court has

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to 20th day of October, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 20th day of September, 1932.

DEACONS.

Solicitors for the Administrator,

1, Des Voeux Road Central, Hong Kong.

NOTICE OF TRANSFER.

BY ODER OF THE SUPREME COURT OF HONG KONG

PARTICULARS AND CONDITIONS OF SALE

VALUABLE LEASEHOLD PROPERTY SITUATE AT

VICTORIA IN THE COLONY HONG KONG

AND

Registered in the Land Office as Section C of Marine Lot No. 268 Together with the Godown thereon now known as No. 33 Praya Kennedy Town

TO BE SOLD

PUBLIC AUCTION

SUBJECT TO THE EXISTING MORTGAGE THEREON

Thursday the 13th day of October, 1932 at 3 o'clock p.m.

AT THEIR SALES ROOM, No. 4, DUDDELL STREET

MESSRS. LAMMERT BROTHERS Auctioneers.

The property consists of:-

HE equity of redemption of and in All' THE

That piece or parcel of ground situate at Victoria aforesaid and registered in the.. Land Office as Section C of Marine Lot No. 268 Together with all messuages tenements erections and buildings thereon now known as No. 33 Praya Kennedy Town, and all rights of way (if any) easements and appurtenances to the same premises belonging or in anywise appertaining.

The property is held for the unexpired residue of the term of 999 years created there- in by an Indenture of Crown Lease dated the. 13th day of March, 1882.

Annual Crown Rent $119.02 For further particulars apply to:

MESSRS. WILKINSON & GRIST,

Vendor's Solicitors

or to

MESSRS. LAMMERT BROTHERS

Auctioneers.

Hong Kong, 30th September, 1952.

PARTICULARS AND CONDITIONS OF SALE

VALUABLE LEASEHOLD PROPERTY

KNOWN AS

INLAND LOT No. 2063

TO BE SOLD

PUBLIC AUCTION

Tuesday, the 11th day of October, 1932 at 3 o'clock p.m.

MR. E. V. M. R. DE SOUSA Auctioneer

AT THE CHINA AUCTION ROOMS No. 14, QUEEN'S ROAD CENTRAL

The property consists of:-

N pursuance of Section 3 of the Fraudulent

Transfer of Businesses Ordinance, No. 25 A

of 1925.

Notice is hereby given that Tong Wan Kui

Saturday, the 8th day of October, 1932, at () carrying on business as Pawn-

10 a.m.

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public Examination of the debtor Mak On Tai

will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 8th day of October, 1932, at 10 a.m.

Dated the 30th day of September, 1932.

E. L. AGASSIZ,

Official Receiver

broker under the style or firm name of Wo Sang Cheung Kee at No. 228, Des Vœux Road West, Victoria, Hong Kong, (hereinafter called the Transferor) has by an agreement in writing dated the 22nd day of September, 1932, agreed to transfer the said business of the said Wo Sang Cheung Kee to Fok Cho Foo

(*) and Koo Chow Ching (霍楚夫)

both of Victoria, aforesaid, (here-

inafter called the Transferees).

The Transferees intend to carry on the business of the said Wo Sang Cheung Kee at No. 228. Des Voeux Road West, Victoria, aforesaid and will not assume the liabilities incurred by the transferor in the said business.

Dated this 29th day of September, 1932.

JOHNSON, STOKES & MASTER, Prince's Building, Hong Kong, Solicitors for the parties.

LL that piece or parcel of ground situate at Pokfulum Road, Victoria, in the Colony of Hong Kong and registered in the Land Office as Inland Lot No. 2063 together. with the rights easements and appurtenances thereto belonging.

The above mentioned property contains an area of 30,962 square feet or thereabouts and commencing from the 19th day of April, 1918 is.held for the residue of the term or 75 years

with a right of renewal for one further term of 75 years created therein by a Crown Lease dated the 31st day of October, 1918 and måde

between His Majesty King George V of the

one part and Li Po Lung of the other part Subject to the payment of the annual rent of $178.00 and performance of the convenants in the said Lease reserved and contained.

For further particulars please apply to :-

MESSRS, HASTINGS, DENNYS & BOWLEY Solicitors, etc.,

8, Des Voeux Road Central,

or to

MR. E. V. M. R. DE SOUSA, Auctioneer.

Hong Kong, 23rd September, 1932.

PARTICULARS AND CONDITIONS OF SALE

A VALUABLE LEASEHOLD PROPERTY

KNOWN AS

D. D. 91 Lors H. 149B AND H. 150,

TO BE SOLD BY

ORDER OF THE COURT

PUBLIC AUCTION

Tuesday the 4th. day of October, 1932 at 3 p.m.

LAMMERT BROTHERS

Auctioneers

AT THEIR AUCTION ROOM, DUddell Street,

HONG KONG,

The property consists of:

LL that piece or parcel of ground situate at Shek Wui Tui in the New Territories in the Dependency of Kowloon and in the Colony of Hong Kong and registered in the Tai Po District Office as D D. 91, Lot H. 149B and H. 150B together with all messuages or tenements erections and buildings thereon and the rights easements and appurtenances there- to belonging. D.D. 91, H. 149B, D.D. 91, H. 150B, Area

A rea Crown Rent:--$1.50. Crown Rent:-$1.50. The above mentioned property is held for the residue of the term of 75 years with a renewal for a further term of 24 years com- mencing from the 1st day of July, 1998 created therein by a Crown Lease dated the 24th day of January, 1905 and made between His Majesty the King Edward VI of the one part and Liu Lin Sz of the other part.

.01.

01.

For full and further particulars please apply

to :---

MESSRS. RUSS & CO.,

Solicitors,

Bank of Canton Building,

or to

MESSRS. LAMMert Brothers, THE AUCTIONEERS.

Hong Kong, 20th September, 1932.

963

(FILE No. 316 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of .

a Trade Mark.

(FILE NO. 337 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs. NOTICE is hereby given that The Namking

Samuel Jones & Co., Ltd., 7, Bridewell place. London E.C. 4, England, have on the 16th day September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :

in the name of Samuel Jones & Co., Ltd., who claim to be the sole proprietors thereof.

This Trade Mark has been used by the applicant in respect of paper, stationery and bookbinding in Class 39 since 1924.

Dated the 30th day of September, 1932.

REISS, MASSEY & CO., LTD.,

7, Queen's Road Central,

Agents for the Applicant.

白告股退

Battery Company of No. 69,Portland Street, Kowloon, Hong Kong, Battery Manu- facturers, have on the 8th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

Before this cell leaves our factory, we guarantee that it has been thoroughly testid, and is made under perfect coeditson. Every cell of ours gives out laght longer than any other cells of same size

THE NAM KING BATTERY CO. Made in China

TRADE

FELICITY

MARK

No. 333 FLASHLIGHT UNIT CELL MADE IN CHINA

in the name of The Namking Battery Com- pany, who claims to be the proprietor thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Flashlight Batteries in Class 8.

The applicants disclaim the right to the exclusive use of the figures and all the words on the Mark except " Felicity." The applicants undertake not to use the Mark in red and blue.

Dated the 30th day of September, 1932.

THE NAMKING BATTERY COMPANY,

Hong Kong, Applicants.

ORDINANCES FOR 1931.

DOUND volumes of Ordinances of Hong Kong, including Pro-

BOUND

論涉一出份算因股原五啓特切日與清志份日號者退此權後創楚圖及黎廣本股豋利該辦自別與作昌港人報槪號人願業創佳恒德聲與生名將已辦所利輔作明黎意義該將人占記道 clamations, Regulations, and Orders, 佳作盈完號各名該金西 etc., for the year 1931, are now ready. 謹免佳虧全之數義號山九華頂虧崇壹貨祟之冷者啟後無及退股核今之庄十

in Council, Statutes, Commissions

Price per volume: $5

NORONHA & CO.

5. Duddell Street.

白告明聲

中承出盈李限號李堂

等同披露

民頂人不楹個項楹生淡香國英干仍月或承意自港廿人昌舊用内係受貨行德東英清各業物將輔年公和之理顧已賬生道九司記隆客交項意西月股除加有欠易內收二李東同手到前櫃束七三李李達記續本蒙銀號日勉外二不公各將英崇崇辰特字清司顧傢開昌合懷再照係銀客私設隆和德登常歸附等南和楹堂堂報營舊由貯項記聲業東登銀全仰公明日之報盤光司

白告股退

九八交號自份黎西 Three months, (do.).

民明作完將交利啟國賓全各所記者廿免黎退數占金本後作出核該山港年論舟日算號德西夏黎後清之原輔

歷作該楚股日道 Per annum (payable in advance),

Half year, (do.),

The Hong Kong

Government Gazette

Local Subscription.

Foreign, $2 extra for Postage.

後事之及出埠今交舟賓

生自日欠頂同因

意後起各與仁外

黎作舟謹啓

黎

月月六初日八

無生願今作九涉意將因賓十特然該志黎五此虧號圖號鄭概之別舟廣重與股業黎昌聲黎份經作恒

Terms of Advertising.

Each additional line, For 5 liues and under,.. Chinese, per Character,

Repetitions,

$1.001 for 1st $0.20(insertion.

5 cents. Half price.

Advertisement must reach this office not late Friday's issue. than 3 P.M. on Thursdays for insertion in

$18.00

10.00

6.00

969

NOTI

(FILE NO. 346 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

[OTICE is hereby given that Eho Chiu Chuang, of Ta-Chih-Koo, Tient- sin, in the Republic of China, Manufacturers, have on the 13th. day of

September, 1932, applied for the registration in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark :-

華莊酒和益

商標為

賜顧請認劉海商標

一記以杜流弊贵客

庶不致誤

標

EHO CHIU

册

GHUANG

伍香

(FILE No. 232 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

TOTICE is hereby given that Sui Hing

AIR SHIP

十年中

*牌本徒無名. 劉茲號假恥近已.

更招冒之因馳準中

菜各

開種設露號

大酒自直五製沽香

有冬

in the name of Eho Chiu Chuang, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith,

in respect of the following goods:-

Preserved vegetable excluding preserved ginger, in Class 42.

Dated the 30th day of September, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE NO. 224 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hubert James Milier, Richard Hope Miller and Charles Anthony Miller trading as James Miller of Park Place, Cheetham, Manchester, County of Lancaster, England on the 10th day of May. 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

in the name of the

THIS SIGMATURI

NONE GENUINE WITHOUT

Saßmiller.

CHEETHAM MANCHESTER

MILLER'S

Estabd

TRADE

DXC

MARK.

1847

BAKING POWDERY

smiller

PARK PLACE

CHEETHAM, MANCHESTER

NORE GENUINE HTHOUT

WIS SIGNATURE

said James Miller, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Baking Powder in Class 42.

　　　The Applicants disclaim the right to the exclusive use of the words British" and Miller's.'

Dated the 30th day of September, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

TRADE

MARK

牌陛高

in the name of Sui Hing Knitting Factory, who

claim to be the proprietors thereof.

Such Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hosiery and Singlets in Class 38.

Dated the 29th day of July, 1932.

SUI HING KNITTING FACTORY, No. 152, Fook Wing Street,

Shamshuipo,

Hong Kong, Applicants.

(FILE No. 250 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the kiu

Foo Chemical Manufacturing Company, Limited of No. 14, Burkill Road, Shanghai, in the Republic of China, have on the 9th day of June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark namely:-

多力補

BLANDOL

in the name of the said Kiu Foo Chemical Manufacturing Company, Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in class 3 in respect of Chemical substances prepared for use in medicine and surgery and particularly in respect of a cod liver oil compound.

The applicants disclaim the right to the exclusive use of the Chinese characters

), in the said mark.

Fascimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 29th day of July, 1932.

A. E. HALL & COMPANY Solicitors for the Applicants,

Pedder Building,

Hong Kong.

970

(FILE No. 258 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that British Cigarette Co., Ltd., whose registered office is situated at 6, Soochow Road, Shanghai, Tobacco Manufacturers, have on the 16th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

(FILE No. 262 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that Tai Tak Company of (2nd floor), Bank of Canton Building, No. 6, Des Voeux Road Central, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark :-

10 CIGARETTES

AI CHING

10 CIGARETTES

AI CHING

牌卿愛

Cigarettes

CIGARETTES

|BRITISH CIGARETTE OR LY

in the name of British Cigarette Co., Ltd., who claim to be the proprietors thereof.

　　　　　　　　The Trade Mark is intended to be used by the applicants in respect of Manufactured tobacco in Class 45.

The above Trade Mark is associated with Trade Mark No. 160, of 1897. Representations of the Trade Mark are deposited for inspection in the office of the Registrar of Trade Marks.

Dated the 29th day of July, 1932.

BRITISH CIGARETTE CO., LTD.,

F. STAFFORD SMITH,

P. & O. Building, Connaught Road Central,

(FILE No. 223 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Fu Kwong Kee Firm of No. 159, Des Vœux Road Central (Ground floor), Victoria, in the Colony of Hong Kong, have on the 23rd day of June, 1932. applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Attorney.

(FILE No. 263 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Thomas

Dispensary of No. 121, (Third Floor), Hennessy Road, Wanchai, Hong Kong, have on the 21st day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

in the name of Tai Tak Company, who claim to be the proprieters thereof.

The above Trade Mark is intended to be used forthwith by Tai Tak Company in respect of Chemical substances prepared for use in medicine and pharmacy in class 3.

Representations of the above Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

TAI TAK COMPANY, 2nd floor, Bank of Canton Building, 6, Des Voeux Road Central,

Hong Kong, Applicants.

(FILE No. 260 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that Sam Wo

(1)

(2)

綠

the to

巴士

in the name of the Fu Kwong Kee Firm, who claim to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants since the year 1931, in class 3 in respect of Medicine (Anti Opium Mixture)

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th day of July, 1932.

THE FU KWONG KEE FIRM, 159, Des Vœux Road Central,

(Ground Floor),

Hong Kong, Applicants.

蓮

in the name of The Thomas Dispensary, who claim to be the proprietors thereof.

The above Trade Mark has been used by The Thomas Dispensasy in respect of Medicine in Class 3 since the last seven years.

Representations of the above Trade Mark are deposited for inspection in the Offices of of the Registrar of Trade Marks and also of the undersigned.

Dated the 29th day of July, 1932.

THE THOMAS DISPENSARY, No 121, Third Floor, Hennessy Road,

Hong Kong,.

Applicants.

in the name of Sam Wo Hing & Company, Limited, who claim to be the proprietors thereof.

The Trade Marks are intended to be used by the applicants in Class 42 in respect of Sub- stances used as food, or as ingredients in food. Facsimile of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 29th of July, 1932.

RUSS & CO., Solicitors for the Applicants, 6, Des Voeux Rood Central, Hong Kong.

BRINTRA ALIR PUBLICUER

NORONHA

BRINTERS

Uaua

VANA

LEGISLATIVE COUNCIL.

No. S. 377. The following Bills were read a first time at a meeting of the Counch held on the 6th October, 1932:-

[No. 39-6.9.32.-4.]

(C.S.O. 3245/20).

A BILL

Short title.

Amendment

INTITULED

An Ordinance to amend the Waterworks Ordinance, 1903

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 Waterworks Amendment Ordinance, 1932.

　　　　　　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, 1903, 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

of Ordinance No. 16 of 1903, s. 12.

Amendment

of Ordinance No. 16 of

1903, s. 16.

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 amended by the deletion of all the words following the word "regulations in the ninth line and by the substitution therefor 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".

Objects and Reasons.

C. G. ALABASTER,

Attorney General.

August. 1932.

C.S.O.

973

[No. 37-19.8.32.-2.]

A BILL

INTITULED

An Ordinance to amend and consolidate the law relating to

dangerous drugs.

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,

⭑

(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

(g) "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.

(h) "Medicinal opium" means raw opium which has 15 & 16 Geo. undergone the processes necessary to adapt it for medicinal 5, c. 74, s. 4. 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.

13 & 14 Geo.

5, c. 5, s. 6; 22 Geo. 5. c. 15, s. 3.

Restrictions on dealings

drugs and coca leaves.

974

(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 13th 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.

(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.

(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

975

(iii) exported,

except under, and in accordance with, a removal or export licence issued by the Superintendent.

(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.

(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 Schedule. 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.

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;

(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.

26. 7,

11.

Ordinance No. 9 of

(a) to manufacture at the shop in the ordinary course 1916. of his retail business any preparation, admixture, or extract of any drug to which this Ordinance applies; or

Drugs to which this Ordinance applies.

10 & 11 Gen.

5, c. 46, s. 8; 22 Geo. 5, c. 15, s. 1.

976

(b) to carry on at the shop the business of retailing, dispensing, or compounding 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 inert 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;

(f) any preparation, admixture, extract or other substance containing any proportion of diacetylmorphine;

(9) 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 genomorphine), the morphine-N-oxide derivatives and any other pentavalent nitrogen morphine derivatives;

977

(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.

(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).

s. 12.

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.

7.-(1) It shall be lawful for any public officer authorised Arrest,

by the Superintendent in that behalf-

search, inspection, seizure,

(a) to arrest and bring before a magistrate any person removal, and whom such public officer may have reason to suspect of having detention.

10 1&11 contravened any of the provisions of this Ordinance or of any i0 & 11 Geo.

ss. 10, 14. regulation made thereunder;

arrest:

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to 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;

(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;

Postal provisions.

978

(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;

(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.

8.-(1) No person shall send by post any drug to which this Ordinance applies except under a licence from the Superintendent and in accordance with the conditions of such licence.

дл

979

(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.

tions.

9.--(1) Every person who is proved to have had in Presump- his possession of under his control any thing whatsoever 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.

dent's

10. (1) A certificate in the form of the Superintendent's Superinten- certificate set out in the Schedule. signed by the Superinten- certificate. dent, if it purports to relate to any drug to which this Ordin- Schedule. 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 procedure.

any 10 & 11 Geo.

5, c. 46,

(a) acts in contravention of, or fails to comply with provision of this Ordinance or of any regulation made there- under; or

(b) acts in contravention of, or fails to comply with, the 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

s. 13; 13 & 14 Geo. 5, c. 5, s. 2.

980

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.

(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-

(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

981

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.

Ordinance

under.

Ordinance

provisions

opium and

14. (1) No person shall trade in or manufacture for the Special 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 coca leaf. thirteenth day of July, 1931 (the date on which the Geneva 22 Geo. 5, Convention, 1931, was signed on behalf of His Majesty), being. 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 made 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 Ceancil 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 such modi- fications as may be specified in the Order.

as to coca

16.(1) No person shall cultivate the plant known as Special 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.

provisions as to cannabis sativa

Power to exclude Pertain

from the Ordinance.

982

15 & 16 Geo. 5, c. 74, s. 5.

Repeal of Ordinances No. 22 of 1923 and No. 4 of 1928.

Commence-

meut.

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

22 Geo. 5,

SCHEDULE.

IMPORT CERTIFICATE.

DANGEROUS DRUGS ORDINANCE, 1932.

[s. 3 (3).]

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

983

the International Opium Convention of 1925 applies, has approved

the importation by (a)

(a) Name, address and business of importer.

of (b)

(b) Exact description and amount of drug to be imported.

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.

(") In the case of the drugs which Chapter III of the Convention applies.

Signed on behalf of the Ministry or Department of

Date

Signature

Official Rank

984

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)

(or as the

I personally handed the said

to (name and

the case may be)

in a sealed packet (or as

..... marked (if any special mark)......

description of officer)

Date

(Assistant) Superintendent of

Imports and Exports.

Objects and Reasons.

1. In 1931 a conference was held at Geneva for the purpose of supplementing the provisions of the International Opium Convention, known as "The Hague Convention, signed at the Hague on the 23rd January, 1912, and of the International Opium Convention, known as "The Geneva Convention (No. 1)", signed at Geneva on the 19th February, 1925.

2. As a result of the conference, a convention, for the purpose aforesaid and known as "The Geneva Convention (No. 2)', was signed at Geneva on behalf of His Majesty on the 13th July, 1931.

985 --

decision to the parties to the Convention, who undertook to apply to that product the measures of control specified in the Convention.

4. Article 30 of the Geneva Convention (No. 2) provides that the Convention shall not come into force until ninety days after the secretary-General has received the number of ratifications or accessions therein specified.

5. The existing law of the Colony relating to dangerous druge is contained mainly in the Pharmacy and Poisons Ordinance No. 9 of 1916, and the Regulations thereunder and in the Dangerous Drugs Ordinances, No. 22 of 1923 and No. 4 of 1928, and the Regulations thereunder.

7. Consequently it becomes necessary to amend the two local Dangerous Drugs Ordinances. This Ordinance therefore consolidates Ordinances No. 22 of 1923 and No. 4 of 1928 with amendments suggested by the Dangerous Drugs Act, 1982, and by the Secretary of State's Circular Despatch of the 22nd July, 1932.

August, 1932.

C. G. ALABASTER,

Attorney General.

986

TABLE OF CORRESPONDENCE.

Dangerous

Drugs Ordinance

Ordinance No. 22 of

Remarks.

1932

Section.

1923. Section.

2 (1)

2 (2)

5 (1) (2)

5 (3)

5 (4)

Paragraphs (a), (b), (f), (g), and (h) as enacted by Ordinance No. 4 of 1928.

A reference to the Geneva Convention of 13th July, 1931 (otherwise known as the Geneva Convention No. 2) has been added. See Dangerous Drugs Act, 1932, s. 3.

As enacted by Ordinance No. 4 of 1928.

Sub-sections (1) and (2) are taken from section 1 (1) of the Dangerous Drugs Act, 1932.

The added words "or is capable

......

used" are taken from section 1 (2) of the Dangerous Drugs Act, 1932.

•

Sub-section (1) as enacted by Ordinance

No. 4 of 1928.

As amended by Ordinance No. 4 of 1928.

As enacted by Ordinance No. 4 of 1928.

Schedule. Schedule.

Section 14 is taken from section 2 of the

Dangerous Drugs Act, 1932.

As enacted by Ordinance No. 4 of 1928.

Do.

Repeals.

Section 19 is adapted from section 5 (3)

of the Dangerous Drugs Act, 1932.

As amended by Ordinance No. 4 of 1928.

言

987

Draft Bill.

No. S. 378.--The following bill is published for general information :---

(C.S.O. 9 in 4299/32)

A BILL

No. 36-19.9.32.-3.]

INTITULED

An Ordinance to amend the Supreme Court (Admiralty

Procedure) Ordinance, 1896.

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.

2. Faragraph (14) of the particulars required by rule 53 Amendment in the Schedule to the Supreme Court (Admiralty Procedure) of Ordin- 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.

ance No. 6

Schedule, rule 53.

3. Rule 34 in the said Schedule is repealed and the Substitution following rule is substituted:

for Ordin- ance No. 6 of 1896, Schedule, rule 54.

No pleadings

applied for

54. After appearance any party to an action may apply 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.

4. This Ordinance shall not come into operation unless suspending and until the Governor notifies by Proclamation His Majesty's clause. pleasure thereon; and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Objects and Reasons.

1. Rule 53 in the Schedule to Ordinance No. 6 of 1896, contains fourteen paragraphs of particulars required to be filed in preliminary acts in actions for damage by collision.

2. Though there are immaterial differences in phraseology the first thirteen of these paragraphs correspond with paragraphs (a) to (n) of Order 19 rule 28 of the English Rules of the Supreme Court.

988

3. The fourteenth paragraph required a statement of the fault or default, if any, attributed to the other ship. This is not required in England and has given rise to difficulties in the Courts of the Colony.

4. This amending Ordinance repeals the paragraph and substitutes two paragraphs, corresponding in effect with paragraphe (0) and () of the English rule, which deal with sound signals and which were added to the Order 19 rule 28 in 1898, about two years after the date of the principal Ordinance.

5. As the repealed paragraph in rule 53 was in the nature of a pleading, cule 54 has been redrafted so as to make it clearer that an application for pleadings shall not be deemed abnormal.

6. A suspending clause is added to the Ordinance in accordance with the provisions of sections 4 and 7 of the Colonial Courts of Admiralty Act, 1890.

C. G. ALABASTER,

Attorney General.

September, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT

　　　No. S. 379.-The following names of successful tenderers are notified for general information:--

Government Notification.

Particulars.

Firms.

S. 280 of 29.7.32.

Tender for Extension to Kowloon Hospital.

S. 292 of 12.8.32.

S. 294 of 12.8.32.

S. 295 of 9.8.32.

S. 314 of 26.8.32.

S. 315 of 26.8.32.

Tender for the supply of rations for Indian

Police.

Tender for Winter Clothing for Prison Staff.

Tender for repairs to No. 14 Police Launch.

Tender for making, clearing and repairing

Forestry Paths and Fire Barriers, 1932.

Tender for repairs to No. 4 Police Launch.

S. 326 of 1.9.32.

Tender for Nullah Training at Lyeemun.

Messrs. Tung Shan

& Co.

Messrs. Abbas Khan

& Co.

Messrs. Hee Hing.

Messrs. Kwong

Cheung Hing.

Messrs. Sit Wing

Sing.

Messrs. The Taikoo

Dockyard and Engineering Co. of Hong Kong, Ltd.

Mr. Li Sang.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

988

5. As the repealed paragraph in rule 53 was in the nature of a pleading, cule 54 has been redrafted so as to make it clearer that an application for pleadings shall not be deemed abnormal.

6. A suspending clause is added to the Ordinance in accordance with the provisions of sections 4 and 7 of the Colonial Courts of Admiralty Act, 1890.

C. G. ALABASTER,

Attorney General.

September, 1932.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT

　　　No. S. 379.-The following names of successful tenderers are notified for general information:--

Government Notification.

Particulars.

Firms.

S. 280 of 29.7.32.

Tender for Extension to Kowloon Hospital.

S. 292 of 12.8.32.

S. 294 of 12.8.32.

S. 295 of 9.8.32.

S. 314 of 26.8.32.

S. 315 of 26.8.32.

Tender for the supply of rations for Indian

Police.

Tender for Winter Clothing for Prison Staff.

Tender for repairs to No. 14 Police Launch.

Tender for making, clearing and repairing

Forestry Paths and Fire Barriers, 1932.

Tender for repairs to No. 4 Police Launch.

S. 326 of 1.9.32.

Tender for Nullah Training at Lyeemun.

Messrs. Tung Shan

& Co.

Messrs. Abbas Khan

& Co.

Messrs. Hee Hing.

Messrs. Kwong

Cheung Hing.

Messrs. Sit Wing

Sing.

Messrs. The Taikoo

Dockyard and Engineering Co. of Hong Kong, Ltd.

Mr. Li Sang.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

989

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 380.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th September, 1932, as certified by the Managers of the respective Banks:

BANKS.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

TOTAL

AVERAGE AMOUNT.

SPECIE IN RESERVE.

2,973,347

21,098,862 8,300,000*

130,822,218 112,000,000†

1,350,000$

154,894,427 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,143,700.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 381.-The following statement of the securities lodged with the Crown. Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion Loan 1940/1944.

£190,000.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

-- 990

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 382. Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April, 1926.

29th October,

1926.

No. S. 301,

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

Straits Settlements.

1st July,

1932.

No. S. 258.

Do.

1st July,

No. S 259.

1932.

French

Do.

2nd July,

1932.

No S. 260.

Indo-China.

Philippine

Do.

7th July,

1932.

No. S. 261.

Islands.

Japan.

Do.

15th July, 1932.

No. S. 263.

All ports in the

Do.

18th July, 1932.

No. S. 270.

United States

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

7th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

991

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 383.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Tientsin.

Do.

De.

Cholera.

Amoy.

Do.

Cholera.

Newchwang

Do.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

7th October, 1932.

Authority.

Notification No. 362 of 8th June. 1932.

Notification No. 447 of 6th July,

1932.

Notification

No. 448 of 7th July,

1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification No. 570 of 2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretury.

DISTRICT Office, South.

　No. S. 384.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

991

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 383.--Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Shanghai.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Tientsin.

Do.

De.

Cholera.

Amoy.

Do.

Cholera.

Newchwang

Do.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

7th October, 1932.

Authority.

Notification No. 362 of 8th June. 1932.

Notification No. 447 of 6th July,

1932.

Notification

No. 448 of 7th July,

1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August,

1932.

Notification No. 570 of 2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretury.

DISTRICT Office, South.

　No. S. 384.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

992

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset

Crown

Price.

Rent.

Tsun Wan

Demarcation District

No. 453.

Lot No. 1142.

7th October, 1932.

Shu Tau Kok.

2,866

Subject to readjustment as provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

.10

No. S. 385.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1.800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Upset Price.

Crown

Square feet.

Rent.

Tsun Wan Demarcation District

No. 453. Lot No. 1141.

Shu Tau Kok.

2,310

Subject to readjustinent as

provided by the Conditions of Sale.

7th October, 1932.

B. C. K. HAWKINS.

District Officer, Southern District.

992

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset

Crown

Price.

Rent.

Tsun Wan

Demarcation District

No. 453.

Lot No. 1142.

7th October, 1932.

Shu Tau Kok.

2,866

Subject to readjustment as provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

.10

No. S. 385.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $1.800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Upset Price.

Crown

Square feet.

Rent.

Tsun Wan Demarcation District

No. 453. Lot No. 1141.

Shu Tau Kok.

2,310

Subject to readjustinent as

provided by the Conditions of Sale.

7th October, 1932.

B. C. K. HAWKINS.

District Officer, Southern District.

993

DISTRICT OFFICE, SOUTH.

No. S. 386.It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $390.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Upset

Crown

Square feet.

Price.

Rent.

Lantao Island Peak Lot No. 22.

Lantao Peak.

3,900

4.50

Subject to

readjustment as

provided by the

Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

7th October, 1932.

DISTRICT OFFICE, SOUTH.

　　No. S. 387.It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $800.

993

DISTRICT OFFICE, SOUTH.

No. S. 386.It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $390.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual

Upset

Crown

Square feet.

Price.

Rent.

Lantao Island Peak Lot No. 22.

Lantao Peak.

3,900

4.50

Subject to

readjustment as

provided by the

Conditions of

Sale.

B. C. K. HAWKINS, District Officer, Southern District.

7th October, 1932.

DISTRICT OFFICE, SOUTH.

　　No. S. 387.It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $800.

994

PARTICULARS OF THE LOT.

Registry No.

Locality.

Lantao Plateau

Lot No. 94.

Ngon Ping.

7th October, 1932.

Contents

Annual

Upset

Crown

Square feet.

Price.

Rent.

Boundary Measurements.

900

Subject to readjustment as provided by the Conditions of Sale.

150

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

　　　No. S. 388-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Lantao Plateau Lot No. 95.

Ngon Ping.

Contents

Annual Upset Crown Square feet. Price. Rent.

3,700

Subject to readjustment as provided by the Conditions of Sale:

€

.10

7th October, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

994

PARTICULARS OF THE LOT.

Registry No.

Locality.

Lantao Plateau

Lot No. 94.

Ngon Ping.

7th October, 1932.

Contents

Annual

Upset

Crown

Square feet.

Price.

Rent.

Boundary Measurements.

900

Subject to readjustment as provided by the Conditions of Sale.

150

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFICE, SOUTH.

　　　No. S. 388-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Lantao Plateau Lot No. 95.

Ngon Ping.

Contents

Annual Upset Crown Square feet. Price. Rent.

3,700

Subject to readjustment as provided by the Conditions of Sale:

€

.10

7th October, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

995

DISTRICT OFFICE, SOUTH.

　　No. S. 389.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 21st day of October, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents in

Annual

Registry No.

Locality.

Square feet. Price.

Upset Crown

Rent.

Lantao Plateau ·

Lot No. 96.

Ngon Ping.

7th October, 1932.

900

1.50

Subject to

readjustment as

provided by the

Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

GOVERNMENT LABORATORY.

No. S. 390.-Return of samples examined under "The Sale of Food and Drugs Ordinance, 1896," for the quarter ended 30th September, 1932.

Description.

Number of Samples.

Number found genuine.

Number found adulterated.

Bread

Milk (Fresh)

4th October, 1932.

V. C. BRANSON,

Government Analyet.

SECRETARIAT FOR CHINESE AFFAIRS.

No. S. 391.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th September, 1932.

Title of Book.

Language in which it is

written.

Litho-

Price

at which

the Book

is sold to

graphed.|the Public.

Name and

Residence of the Proprietor of the Copy-

right or any Portion of such Copyright.

Place

Name of

Author,

Trauslator,

Subject.

Editor.

Printing

and

Place of

Publication.

Name or

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No. 8.-Figures and Quotations.

English.

Ellis and

Edgar.

Quotations.

38,

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27.6.32.

D'Aguilar

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Frinting

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No. 9.-English made Easy. 唐字音英語

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Chinese.

Mok Man

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English

language for Chinese.

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& Co.

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No. 11. Figures and Quotations.

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996

Name and

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right or any

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Place

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written.

Author,

Translator,

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the Quarter ended 30th September, 1932,-Continued.

Number

Price

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Editor.

Printing

and

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Whether

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graphed. the Public. |

No. 12.-Figures and Quotations of Local and Other Stocks.

England.

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Shares.

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Rumford

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Printing

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No. 13.-Lan Ting Tsui written with steel pen by Tsang Shi 會氏鋼筆蘭亭叙

Chinese

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and English.

Styles

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and Co., Ltd.

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1st October, 1932.

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Geography.

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26.9.32.

R. C. WILKINSON,

p. Secretary for Chinese Affairs

997

998

PUBLIC WOrks DepartMENT.

　　　No. S. 392.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Addition to P. W. D. Offices", will be received at the Colonial Secretary's Office until Noon of Monday, the 24th day of October, 1932. The work consists of the erection of a three storey addition to existing offices.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 393.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Wireless Broadcasting Station, Kowloon ", will be received at the Colonial Secretary's Office until Noon of Monday, the 24th day of October, 1932. The work consists of the erection of a block of workshops and offices at Hung Hom.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 394.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 24th day of October, 1932, at 3 p.m.

998

PUBLIC WOrks DepartMENT.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

999

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

Sale.

feet.

feet. feet.

About

Kowloon

Inland Lot

Between Kowloon Inland Lots

As per sale plan.

1.036

3,108

No. 3022.

Nos. 2821 and 2334,

Portland Street,

Mong Kok Tsui.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

7th October, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 395.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 24th day of October, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Contents in Sq. feet.

Annual Upset Rent. Price.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

feet. feet. feet.

feet.

Kowloon Inland Lot No. 3043.

Prince Edward Road, Ma Tau Wei.

As per sale plan.

About

22,500

258

16,875

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

999

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Contents in Sq. feet.

Annual Upset Rent. Price.

Sale.

feet.

feet. feet.

About

Kowloon

Inland Lot

Between Kowloon Inland Lots

As per sale plan.

1.036

3,108

No. 3022.

Nos. 2821 and 2334,

Portland Street,

Mong Kok Tsui.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

7th October, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Contents in Sq. feet.

Annual Upset Rent. Price.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

feet. feet. feet.

feet.

Kowloon Inland Lot No. 3043.

Prince Edward Road, Ma Tau Wei.

As per sale plan.

About

22,500

258

16,875

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

7th October, 1932.

R. M. HENDErson,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 27 of 1932.

Re Rahmat Din, of No. 131, Woosung Street, (First Floor), Kowloon, Chauffeur.

Petition dated the 5th day of October, 1932. Receiving Order dated the 5th day of October, 1932.

Nthe 20th day of October, 1932, at 10.30

OTICE is hereby given that Thursday,

o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in

the above-matter, to be held at the Official

Receiver's Office, Victoria, Hong Kong.

　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 7th day of October, 1932.

E. L. AGASSIZ,

Official Receiver.

BY ORDER OF THE SUPREME COURT

OFHONG KONG

PARTICULARS AND CONDITIONS OF SALE

VALUABLE LEASEHOLD PROPERTY

SITUATE AT

VICTORIA IN THE COLONY HONG KONG

AND

Registered in the Land Office as Section C of Marine Lot No. 268 Together with the Godown thereon now known as No. 33 Praya Kennedy Town

TO BE SOLD

PUBLIC AUCTION

SUBJECT TO THE EXISTING MORTGAGE THEREON

Thursday the 13th day of October, 1932 at 3 o'clock p.m.

AT THEIR SALES ROOM, No. 4, Duddell StreeT

MESSRS. LAMMERT BROTHERS

Auctioneers.

The property consists of :-

THE equity of or parcel of ground situate

THE equity of redemption of and in All

at Victoria aforesaid and registered in the Land Office as Section C of Marine Lot No. 268 Together with all messuages or tenements erections and buildings thereon now known as No. 33 Praya Kennedy Town, and all rights of way (if any) easements and appurtenances to the same premises belonging or in anywise appertaining.

The property is held for the unexpired residue of the term of 999 years created there- in by an Indenture of Crown Lease dated the 13th day of March, 1882.

Annual Crown Rent $119.02

For further particulars apply to: -

MESSRS. WILKINSON & GRIST,

Vendor's Solicitors

or to

MESSRS. LAMMERT BROTHERS

Auctioneers.

Hong Kong, 30th September, 1952.

1006

(FILE NO. 357 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The King On Firm (敬安號) of No.179,

Wing Lok Street, West, (2nd floor), Victoria in the Colony of Hong Kong, Merchants on the 28th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

安敬

庄選

in the name of The King On Firm, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 36 in respect of Chinese grass mats and matbags.

It is hereby stated that the Applicants dis- claim the right to the exclusive use of the

letters (敬安)

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 7th day of October, 1932.

LO AND LO, Solicitors for the Applicants,

Alexandra Building, Des Voeux Road Central, Hong Kong.

FILE NO. 333 of 1932

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Mrs. Mary

Terrace, in the Colony of Hong Kong, has on the 7th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

MIEUX

COMP

REC.TRADE MARK

in the name of the said Mrs. Mary Tavastst- jerna, who claims to be the proprietoress thereof.

The Trade Mark is intended to be used by the Applicant in respect of Coffee and Tea in Class 42.

Fascimiles of the Mark may be seen at the offices of the Registrar of the Trade Marks and of the undersigned.

Dated the 7th day of October, 1932.

MARY TAVASTSTJERNA,

7, East Point Terrace,

Hong Kong.

(FILE No. 338 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that we the Kwong Sang Hong, Ltd., of Nos. 250 to 252, Des Vœux Road, Central, Hong Kong, have on the 7th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(2)

¿PERIME

(3)

香日子

Centrated

Flower

Perfume

in the name of our Company, who claimed to be the proprietors thereof.

The above Trade Marks are intended to be used by us in respect of Hair Fixer, and two Trade Marks in respect of Toilet Water in Class 48.

The above Trade Marks are associated with one another and with Trade Marks Nos. 12 of 1908, 112-114 of 1909, 132 of 1913, 106 & 107 of 1914, 135-137 of 1916, 81 of 1919, 219-223 of 1922, 308 & 309 of 1924, 77-79 of 1925, 204 & 205 of 1925 and 91 of 1927, and we disclaim the right to the exclusive use of all the Chinese Characters appearing on the Marks.

Facsimile of the Trade Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 7th day of October, 1932.

KWONG SANG HONG, LTD., Applicants.

1007

NOTICE

(FILE NO. 177 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

「OTICE is hereby given that Proprietary Agencies Limited of 179 to 181 Acton Vale, London, England, Manufacturers and Merchants, have on the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Autoció Truth and Hand Wa

Card $4. Pritlife

GENUINE

- PHILLIPS'

MILK OF

MAGNESIA

Vers

A CONCENTRATED

PHILLIPS NIKVIP MAGNES:

and free from carbon 6 FAL

LIQUID MACNESIA

thi và Ông

And he wield from 13 μ-06 AN Magnum Hyde de-Mg(OHEN

CONTENTE I Can

Kimosi indeksuely sealihadkie un zin allowed to forese

PROPRIETARÄNDENCIES, LTD., Proprioters

SHA

buccessors la

THE CHAS. H. PHILLIPS CHEMICAL CO. At A. Milly's

KEEP FROM FREEZING

MADE IN GLENBROOM, CONN

NEW YORK

PHILLIPS

GENUINE

MILK OF MAGNESIA

　in the name of Proprietary Agencies Limited, who claim to be the sole pro- prietors thereof.

　　　　The Trade Mark has been used by the Applicants since the year 1873 in respect of a medicinal preparation of magnesia for human use as a stomachic and also as a tooth and mouth Wash in Class 3.

The Applicant disclaim the right to the exclusive use of the words

" Milk of Magnesia " appearing in the Trade Mark.

The said Trade Mark is limited to the colours Blue, White, Red and

IN THE SUPREME COURT OF HONG KONG.

ORIGINAL JURISDICTION

MISCELLANEOUS PROCEEDINGS

No. 51 of 1932.

In the Matter of The Union Trading Company, Limited (and Reduced),

and

In the Matter of the Companies Ordi-

nances 1911-1931.

NOTICE is hereby given that a Fetition

presented to the Supreme Court of Hong Kong on the 3rd day of October, 1932, for confirming the reduction of the Capital of the above named Company from $500,000 to $250,000 is directed to be heard before His Honour The Chief Justice on Wednesday the 19th day of October, 1932, at 12.30 o'clock in

the afternoon.

Any creditor or shareholder of the Company desiring to oppose the making of an order for reducing the Capital of the said Company under the above Ördinance, should appear at the time of hearing by himself or counsel for that purpose.

A copy of the Petition will be furnished to any creditor or shareholder of the Company requiring the same, by the undersigned pn | ayment of the regulated charges for the same.

Dated this 7th day of October, 1932.

DEACONS, Solicitors, for the Company,

1, Des Voeux Road Central,

Hong Kong.

NOTICE OF TRANSFER.

transfer of Businesses Ordinance No. 25

Black, exactly as shown on the representation on the form of application, pursuance of Section 3 of the Fraudulent and which may also be seen at the offices of the undersigned.

Dated the 7th day of October, 1932

(FILE No. 129 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

DEACONS.

Solicitors for the Applicants.

OTICE is hereby given that The Mitsubishi Shoji Kaisha, Limited of Japan and of

No. 14, Pedder Street, Victoria, Hong Kong,

have, by an application dated the 16th day of

1, Des Voeux Road Central, Hong Kong.

April, 1931, applied for the registration in 千

告廣項承

西虧日人欠十東盤氏附啓

槪之自到打生麥設與人行各律邃意邃三香各和清藝師明招明和港該三理貨寫承牌麥字康舊和槪項字受行群號樂人兩與會樓經底忠皮道無號承項交於傢麥箱中

Hong Kong, in the Register of Trade Marks,九

of the following Trade Mark :-

BEST ROLLER

FLOUR

蝠雙

in the name of the said Mitsubishi Shoji Kaisha, Limited, who claim to be the sole proprietors thereof.

The said Trade Mark has been used by the applicants in respect of wheat flour in Class 42. The said Trade Mark is associated with Trade Marks Nos. 204 of 1924 and 133 of 1925.

Dated the 2nd day of September, 1932.

GEO K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Buildicg, Chater Road,

Hong Kong.

卅

of 1923. Notice is hereby given that Kwong Tat Company of No. 88, Wellington Street, (ground floor), Victoria, in the Colony of Hong Kong Merchants (hereinafter called "the Trans- ferors have to-day agreed to transfer their business as Paper Merchants to Shing Tak Tong of No. 63, Wellington Street, (Ist floor), Victoria aforesaid (hereinafter called "the Transferees ") to take over. The transfer will take place on the 8th day of November, 1932.

The Transferees intend to continue to

carry on the business as Paper Merchants at No. 88, Wellington Street,(ground floor), Victoria aforesaid under the style of "Kwong Tat Company Tak Kee" and will not assume the liabilities incurred by the Transferors in the business.

Dated the 7th day of October, 1932.

KWONG TAT COMPANY,

Transferors and

SHING TAK TONG, Transferees.

年干招頂揭易本私群生白告股退

民國廿一年

明概後份數人佳廣啓以與該與核名所昌者免黎號創算義占恒本後作生辦清今該利港退論佳意人楚因號記年

十特牌人借淸年賬褔意牌月此繼無等楚+項麥茲第六聲續涉項該月什邃由日明營訂及两四物林該百以業明華號號一等两一承兑日任洋上在切公號十頂後後從轉言贊頂同各八西夏股無盈名自志之金輔人論該承轕之臣與商關號歷人涉虧義願圖股山道麥兩頂均關史股酌係人九八黎特及完將別份庄西啓號人歸係篤內自人和月月作此一全該業及原九東生用各人士人願卽旅ㄝㄝ佳豋切退號已與日十謹意囘該所及麥麥店三三謹報權之將創五啓盈原舊有孖啟全潘及日日啓聲利日股各辦作號

1008

(FILE No. 311 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Wai Shin ak alias Vi-Ki of No. 182, Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 27th day of August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

(2)

丹佛

(FILE No. 342 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Three Trade Marks.

NOTICE is hereby given that The Standard

Chemical Works, Limited whose re- Colony of Hong Kong, and carrying on business gistered office is situate at Victoria, in the

at Nos. 105 to 113, Chueng Sha Wan Road, Shamshuipo, Kowloon, Hong Kong, Manufac- turers of Perfumery and Toilet Preparations, have by three applications all dated the 10th day of September, 1932, applied for the re- gistration in Hong Kong, in the Register of Trade Marks, of the following three Trade Marks, viz:-

(1)

in the name of Wai Shiu Pak alias Vi-Ki, who claims to be the Proprietor thereof.

The Applicant disclaims the right to the exclusive use of the Chinese

(丹)

Character ().

Facsimile of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th day of October, 1932.

(FILE No. 351 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a

Trade Mark.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Vœux Road Central, Hong Kong.

(FILE No. 256 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Chan Sing NOTICE is hereby given that British

　　　　　　　　　　Loong trading as the Kwong Sing Loong firm of No. 15, Sai Street, Victoria, in the Colony of Hong Kong, has on the 21st day of September, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

in the name of the said Chan Sing Loong trading as The Kwong Sing Loong firm, who claims to be the proprieter thereof.

　　　　　　　　　The Trade Mark has been used by the Applicant in respect of Rickshaw only in Class 22.

　　　　　　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 7th day of October, 1932.

RUSS & CO.,

Solicitors for the Applicants,

No. 6, Des Voeux Road Central,

Hong Kong.

American Tobacco Company, Limited of Westminster House, of Millbank, London, S.W., England, Tobacco Manufacturers, have on the 11th day of June, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

ST. BRUNO

OGDEN. ENGLAND.

in the name of British American Tobacco Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Manufactured Tobacco in Class 45.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th of October, 1932.

DEACONS,

Solicitors for the Applicants. 1, Des Voeux Rood Central, Hong Kong,

TRADE

MARK

SANDARD PUBLIC

SEAL MIRA

リュート

ONE SKIN, ENC

HANDS.

"ALLY DYBOAR

TYDINEKƆ GAVONÉVJE

SICHIATRINESIOL

TRADE

STANDARD HAIP PEAN

(2)

·GELALITY

DE LUXE

GRADE

MAKH

Cream Jack

STANDARD PRODUCT

CREAM

D'JADE

When Thinking of

Beauty

STANDARD CHEMICAL

WORAS LTD.

IN JANDARD AYRE VIK AL

(3)

STANDARD HAIR CREAN

Makro raw shag hembak, sah and

glovey Keeps the air back to

natural state, she shampooing

THE SINGA

SI SIRDARD

HAR CREAM

ONE OF THE FAMOUS PRODUCTS

MACE BY THE STANDARD CHEMICAL

WORKS LTD

STANDARD HA12 REAN

Makhar man med trend

glossy Kaps the har back t

matutan atası alar knows outing

in the name of The Standard Chemical Works, Limited, who claim to be the proprietors

thereof.

The above Three Trade Marks have been used by the applicants in respect of the follow- ing goods in Class 48:-

Trade Mark No. (1) in respect of Hair cream, face cream, lotion, talcum powder, hair oil, florida water and tooth powder.

Trade Mark No. (2) in respect of Face

cream.

Trade Mark No. (3) in respect of Hair

cream.

These Trade Marks are associated with one another. Registration of these Trade Marks is limited to the colours indicated thereon.

Representations of the above three Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 7th day of October, 1932.

THE STANDARD CHEMCIAL WORKS, LIMITED, Nos. 105-113, Chueng Sha Wan Road,

Shamshuipo, Kowloon,

Hong Kong, Applicants.

(FILE No. 288 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

OTICE is hereby given that S. C. Lay & Company of Alexandra Building, Victoria in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for registration in Hong Kong of the accompany- ing Trade Marks :-

(1)

料油國英

(嘜

GOURD BRAND

SOLE AGENTS: -

理代總行洋全吉港香

S. C. LAY &

HONG KONG

CO.

MANUFACTURED IN ENGLAND.

(2)

料油國英

味猪吗

PIG BRAND

理代總行洋金吉港香

SOLE AGENTS:-

S. C. LAY & CO. HONG hơNG.

MANUFACTURED IN ENGLAND,

(4)

(3)

料油國英

WHEEL BRAND

̇理代縷行洋全吉港香

SOLE AGENTS: -

S. C. LAY & CO. HONG KONG

MANUFACTURED IN ENGLAND

CRAB

BRAND 理代總行洋金吉港香

SOLE AGENTS: -

S. C. LAY & CO. HONG KONG.

MANUFACTURED IN ENGLAND.

in the name of the said S. C. Lay & Company, who claim to be the proprietors thereof.

　　　　　The above Trade Marks have not hitherto : been used by the Applicants but it is their intention to use the same forthwith in Class 1 in respect of paints.

Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 2nd day of September, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

2, Queen's Road Central, Hong Kong.

(FILE No. 301 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

OTICE is hereby given that Tam Yau Kee Firm of No. 152, Queen's Road Central, Hong Kong and No. 27, Kwoo Tung Chik Street, Fat-shan, Province of Kwong Túng in the Republic China, have on the 20th day of August, 1932, applied for the registraton in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

標

註

#if

　　　in the name of Tam Yau Kee Firm, who claim to be the proprietors thereof.

　　　　The Trade Mark has been used by the applicants in respect of Tooth Brushes in Class 50 since 1928.

Dated the 2nd day of September, 1932.

TAM YAU KEE FIRM,

Applicants.

1009

(FILE No. 308 OF 1932)

TRADE MARKS ORDINANCE. 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Dairy

Farm Ice and Cold Storage Company, Limited of Victoria, in the Colony of Hong Kong, have on the 26th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

in the name of The Dairy Farm Ice and Cold Storoge Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Margarine in Class 42.

The Applicants have undertaken not to use the Trade Mark in red on a white ground, or in white on a red ground.

The said Trade Mark is to be associated with Trade Mark No. 47 of 1927.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central, Hồng Kong.

(FILE No. 276 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

South China Hides

Many & Company Canton

in the name of Many and Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Hides in Class 37.

The Applicants disclaim the right to the exclusive use of the words "South China Hides" appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road, Central,

Hong Kong.

(File No. 287 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that David Sas-

soon & Co., Ltd., of No. 12, Des Vœux Road Central, (second floor), Victoria, in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

AUSTRALIAN

BEST ROLLER FLOUR KANGAROO

BRAND

DAVID SASSOON & CO.LTD. HONGKONG

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Flour in Class 42.

Facsimile of the Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DAVID SASSOON & CO., LTD.,

No. 12, Des Voeux Road Central, Hong Kong.

(FILE No. 302 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is N 104, Wing Lok Street,

OTICE is hereby given that Chu Kwong

Victoria in the Colony of Hong Kong, Mer- chants, have on the 19th day of August, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

標商角三

TRIANGLE

in the name of Chu Kwong Lan Firm, who claim to be the proprietors thereof.

The Trade Mark is intented to be used forthwith by the applicants in respect of Ground Nut Oil in Class 42.

A representation of the Trade Mark is de- posited for inspection in the Office of Registrar of Trade Marks, Hong Kong.

Dated the 2nd day of September, 1932.

CHU KWONG LAN FIRM,

Applicants.

1010

(FILE No. 209 OF 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Yuen Hing Dyeing Factory of No. 26,

Main Street, Kowlcon City, Kowloon in the Colony of Hong Kong,

FILE NO. 256 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

Manufacturers, have on 14th of June, 1932, applied for registration, in NOTICE, is hereby given that British-

Hong Kong, in the Iegister of Trade Marks, of the following Mark :--

假提

冒防

「標球克雙

in the name of the Yuen Hing Dyeing Factory, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants for the past ten years, in respect of the following goods :-

Cotton piece goods in Class 24.

Dated the 5th day of August, 1932.

THE YUEN HING DYEING FACTORY,

No. 26, Main Street, Kowloon City.

(FILE No. 244 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Shewan Tomes

gey N

Victoria, in the Colony of Hong Kong, have on the 14th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

EAGLE & BEAR

BRAND

(FILE NO. 169 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that Luen Fung

and Co., (E) carrying

鍋燒光電牌鵡英辉商托娃

PARROTs

BRAND REGISTRO

REST QUALITY.

OGDENS

ST JULIEN

EXQUISITE COOL & FRAGRANT.

Capstan

de Luxe

WD&HOWlls. Bristol &London.

BULWARK

英雄牌商標

行弹

MILLED EXCLUSIVELY FOR

SNEWAN TOMES & Co.

NOSKE BROS PTY

MELBOURNE

LTD

BEST AUSTRALIAN

*PATENT ROLLER FLOUR

49 LES CROSS WHEN PACKED

新金山上等麵粉

in the name of Shewan Tomes and Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of :-Flour in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central,

Hong Kong.

造製廠豐聯巿州廣國中

MANUFACTURED BY LUEN FUNG CANTON

MADE IN CHIN

in the name of Luen Fung and Co., who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since January, 1931, in respect of the following goods :-

Firecrackers and fireworks, in Class 20. The Applicants disclaim the right to the exclusive use of the figures" 40/36."

Dated the 5th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

Prince's Building,

Hong Kong.

WD & HOWILLS.

BRISTOL & LONDON

in the name of British-American Tobacco Com-

pany, Limited, who claim to be the sole pro- prietors thereof.

The Trade Marks have been used by the Ap- plicants in respect of :-Manufactured Tobacco in Class 45.

The St. Julien" Trade Mark is to be associated with Trade Mark No. 115 of 1901 and the Capstan' Trade Mark with No. 110 of 1909.

A facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 5th day of August, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

1012

LEGISLATIVE COUNCIL.

Draft Bill.

No. S. 396.-The following bill is published for general information:-

C.S.O. 3 in 4299/32.

[No. 10:-23.8.32.-- 2.

A BILL

Short title.

INTITULED

An Ordinance to consolidate and amend the

law relating to Companies.

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 Ordinance, 1932.

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.

Mode of forming incorporated company.

19 & 20 Geo. 5 c. 23,

s. 1.

Require-

ments with

respect to

memoran-

dum.

19 & 20 Geo.

5, c. 23,

s. 2.

(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.

3.-(1) Any seven or more persons, or, where the company to be formed will be a private company, any two or more persons, associated for any lawful purpose may, by subscribing their names memorandum of association (which must be printed in 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 તૈ 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').

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 a company limited by shares or bv 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.

售

1013

(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 mem- 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 capital-

a company having a

(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 Stamp and if it were a deed, and must be signed by each sub- signature of scriber in the presence of at least one witness who must attest the signature.

memoran-

dum

19 & 20 Geo. 5, c. 23,

8. 3. Ordinance

No. 8 of 1921.

Restriction

on alteration of memo-

6. A company may not alter the conditions con- tained in its memorandum except in the cases, in the mode and to the extent for which express provision randum. is made in this Ordinance.

19 & 20 Geo. 5, c. 23, S. 4.

extent to

7.-(1) Subject to the provisions of this section, a Mode in company may, by special resolution, alter the pro- which and visions of its memorandum with respect to the objects which of the company, so far as may be required to enable objects of it-

(a) to carry on its business more economically

or more efficiently; or

(b) to attain its main purpose by new

improved means; or

company

may be

altered. 19 & 20 Geo.

or 5, c. 23,

operations; or

(d) to carry on some business which under existing circumstances may conveniently or combined with the

advantageously

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.

(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

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

s. 5.

Article prescribing regulations for com- panies.

19 & 20 Geo. 5, c. 23, s. 6.

Regulations required in case of

unlimited

company

or company limited by guarantee.

19 & 20 Geo. 5, c. 23,

s. 7.

1014

(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.

8. There may in the case of a company limited by shares, and there shall in the case of a company limited by guarantee or unlimited, be registered with the memorandum articles of association, signed by the subscribers to the memorandum and prescribing regulations for the company.

9.-(1) In the case of an unlimited company the articles, if the company has a share 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.

1015

(3) Where 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 Adoption

and applica- any of the regulations contained in Table A.

tion of

(2) In the case of a company limited by shares and Table A. registered after the commencement of this Ordinance, 19 & 20 Geo.

5, c. 23, if articles are not registered, or, if articles are s. 8. registered, in so far as the articles do not exclude 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 saine extent

contained in duly as if they were registered articles.

11. Articles must-

(1) be printed in the English language:

Printing, stamp, and signature of

(2) be divided into paragraphs numbered con- articles.

secutively;

19 & 20 Geo. 5, c. 23,

(3) bear the same stamp as if they were s. 9.

contained in a deed;

(4) be signed by each subscriber of the mcmo- randum of association in the presence of at least one witness who must attest the signature.

Ordinance No. 3 of 1921.

12. (1) Subject to the provisions of this Ordinance Alteration and to the conditions contained in its memorandum, of articles a company may by special resolution alter or add to its articles.

by special resolution. 19 & 20 Geo. 5, c. 23.

(2) Any alteration or addition so made in the s. 10. 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;

Statutory forms of

memoran-

dum and articles. 19 & 20 Geo.

(2) the memorandum and articles of association

of a company limited by guarantee and not 5, c. 23, 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.

Registration.

s. 11.

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

5, c. 23, company is limited.

s. 13.

Power of

company to hold lands. 19 & 20 Geo. 5, c. 23,

s. 14.

Conclusive- ness of certificate

of incorpora- tion.

19 & 20 Geo. 5, c. 23, s. 15.

Registration of unlimited

company as limited.

19 & 20 Geo. 5, c. 23,

s. 16.

1016

(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 scal, 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.

16.-(1) A company incorporated under this Ordin- ance shall have power to hold lands:

Provided that a company formed for the purpose of promoting art, science, religion, charity or any other like object not involving the acquisition of gain by 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 registrar in respect of any association shall be conclusive evidence that all the requirements of this Ordinance in respect of registration and of matters precedent and incidental thereto have been complied with, and that the association is a company authorised to be registered and duly registered under this Ordin-

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.

18. (1) Subject to the provisions of this section, a company registered as unlimited may register under this Ordinance as limited, or રી company already registered as a limited company may re-register under this Ordinance, but the registration of an unlimited company as a limited company shall not affect the 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 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 com-

pany.

1017

Provisions with respect to Names of Companies.

19.-(1) No company shall be registered by a name Restriction which-

on registra tion of com-

SO certain

names.

19 & 20 Geo.

(a) is identical with that by which a company panies by

in existence is already registered, or nearly resembles that name as to be calculated to deceive, except where the 5. company in existence is in the course of s. 17. 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" or "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

(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 of Power to the Governor that an association about to be formed dispense

　　　　　　　　　　　　　　　　　　　　　　　with as a limited company is to be formed for promoting "Limited" commerce, art, science, religion, charity, or any other in name of useful object, and intends to apply its profits, if any, charitable or other income in promoting its objects, and to pro- and other

companies. hibit the payment of any dividend to its members, 19 & 20 Geo. the Governor may by licence direct that the associa- 5, c. 23, tion may be registered as a company with limited s. 18. liability, without the addition of the word "Limited" 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 registration 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.

(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.

Change of

name.

19 & 20 Geo. 5, c. 23,

s. 19.

Effect of memoran- dum and articles.

1018

(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 with the approval of the Governor (or, in the case of a China company, with the approval of the Minister) signified in writing, change its name.

(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 & certificate of incorporation altered 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.

22.-(1) Subject to the provisions of this Ordinance the memorandum and articles shall, when registered, bind the company and the members thereof to the 19 & 20 Geo. same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the provisions of the memorandum and of the articles.

5. c. 23,

5. 20.

Provision as

(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.

23.-(1) In the case of a company limited by to memoran 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.

dum and articles of companies limited by guarantee. 19 & 20 Geo. 5, c. 23, s. 21.

(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

1019

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.

in memoran- dum or

24. Notwithstanding anything in the memorandum Alterations or articles of a company, no member of the company shall be bound by an alteration made in the memo- articles randum or articles after the date on, which he became increasing a member, if and so far as the alteration requires him liability to to take or subscribe for more shares than the number contribute held by him at the date on which the alteration is to share made, or in any way increases his liability as at that capital not date to contribute to the share empital of, or otherwise existing to pay money to, the company:

Provided that this section shall not apply in a case where the member agrees in writing, either before or alter the alteration is made, to be bound thereby.

to bind

members without consent.

19 & 20 Geo.

5, c. 23.

s. 22.

dum and

25. (1) A company shall, on being so required by Copies of any member, send to hin a copy of the menorandum memoran- and of the articles, if any, and a copy of any Ördin- articles to ance which alters the memorandum, "subject to pay be given to ment, in the ease of a copy of the meiaorandina and members. of the articles, of one dollar or such less sum as the 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　5, c. 23, company may prescribe, and, in the case of a copy

s. 23. 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.

Issued

26.-(1) Where an alteration is made in the memo- copies of randum of a company, every copy of the memorandum memoran- issued after the date of the alteration shall be in dum to nccordance with the alteration.

embody alterations. 19 & 20 Geo.

(2) If, where any such alteration has been made, the 5, c. 23, company at any time after the date of the alteration s. 24. 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.

Definition

27.-(1) The subscribers of the memorandum of a of member. company shall be deemed to have agreed to become 19 & 20 Geo. members of the company, and on its registration shall 5, c. 23, 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 Companies.

s. 25.

Meaning of

28.-(1) For the purposes of this Ordinance, the "private expression "private company means a company company." which by its articles-

19 & 20 Geo.. 5, c. 23,

(a) restricts the right to transfer its shares; and s. 26.

(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

Circum- stances in which com- pany ceases to be, or to enjoy privileges of,

a private company.

19 & 20 Geo. 5, c. 23, s. 27. "Third Schedule."

Prohibition

of carrying on business

with fewer

than seven or, in the

case of a private company, two members.

19 & 20 Geo. 5, c. 23, s. 28.

Form of

contracts.

19 & 20 Geu 5, c. 23,

8. 29.

1020

(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, alters its articles in such manner that they no longer include the provisions which, under the last foregoing section of this Ordinance, are required to be included in the articles of a company in order to constitute it a private company, the company shall, as on the date of the alteration, 'cease to be a private company and shall, within a period of fourteen days after the said date, deliver to the registrar of companies for registra- tion a prospectus or a statement in lieu of prospectus in the form and containing the particulars set out in 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.

30. If at any time the number of members of a company is reduced, in the case of a private company, below two, or, in the case of any other company, below seven, and it carries on business for more than six months while the number is so reduced, every person who is a member of the company during the time that it so carries on business after those six months and is cognisant of the fact that it is carrying on business with fewer than two members, ́or soven members, as the case may be, shall be severally liable for the payment of the whole debts of the com- pany contracted during that time, and may be severally sued therefor.

Contracts, dc.

31.--(1) Contracts on behalf of a company may be made as follows:

(a) A contract which if made between private persons would be by law required to be in writing, and if made according to English law to be under seal, may be made on behalf of the company in writing under the common seal of the company:

1021

(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 Bills of deemed to have been made, accepted, or endorsed on

exchange and behalf of a company if made, accepted, or endorsed in promissory the name of, or by or on behalf or on account of, the 19 & 20 Geo. company by any person acting under its authority. 5, c. 23,

notes.

s. 30.

abroad.

33.-(1) A company may, by writing under its Execution common seal, empower any person, either generally or of deeds in respect of any specified matters, as its attorney, to 19 & 20 Geo. execute deeds on its behalf in any place not situate in 5, c. 23, the Colony (or, in the case of a China company, not s. 31. 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- Power for prise the transaction of business outside the Colony company to (or, in the case of a China company, outside the limits have official cf the China Orders in Council), may, if authorised by abroad.

　　　　　　　　　　　　　　　　　　　　　　seal for use its articles, have for use in any territory, district, or 19 & 20 Geo. place not situate in the Colony (or, in the case of a 5, c. 23, China company, not situate within the limits afore- s. 32. 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.

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, 19 & 20 Geo. and need not be under its common seal.

documents.

5, c. 23,

$. 33.

}

Dating and registration of pros- pectus.

19 & 20 Geo. 5, c. 23,

s. 34.

Specific re- quirements as to parti- culars in prospectus. 19 & 20 Geo. 5, c. 23,

8. 35.

1022

PART II.

SHARE CAPITAL AND DEBENTURES.

Prospectus.

36.-(1) A prospectus issued by or on behalf of a 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.

the

37. (1) Every prospectus issued by or on behalf of a company, or by or on behalf of any person who is or has been engaged or interested in the formation of the company, must be in the English language and must stato

matters specified in Part I of the Fourth Schedule to this Ordinance and set out the reports specified in Part II of that Schedule, 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 hundred pounds.

(4) In the event of non-compliance with or con- travention of any of the requirements of this section,

1023

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 opinior 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 persor 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.

of terms

38.-(1) A company limited by shares or a company Restriction limited by guarantee and having a share capital shall on alteration not previously to the statutory meeting vary the terms mentioned of a contract referred to in the prospectus, or state- in prospectus ment in lieu of prospectus, except subject to the or statement approval of the statutory meeting.

(2) This section shall not apply to a private com- pany.

in lieu of prospectus. 19 & 20 Geo. 5, c. 23, s. 36.

39.-(1) Where a prospectus invites persons to Liability for subscribe for shares in or debentures of a company-

statements in pros-

(a) every person who is a director of the company pectus.

at the time of the issue of the prospectus; and 19 & 20 Geo.

5, c. 23, (b) every person who has authorised himself to be

　　　　　　　　8. 37. 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

1024

(iii) that after the issue of the prospectus and before allotment thereunder, he, en 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 statement 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, as 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:

The expression "expert" includes engineer, valuer, accountant, and any other person whose pro- fession gives authority to a statement made by him.

1025

offer of

40.-(1) Where a company allots or agrees to allot Document any shares in or debentures of the company with a containing view to all or any of those shares or debentures being shares or offered for sale to the public, any document by which debentures the offer for sale to the public is made shall for all for sale to purposes be deemed to be a prospectus issued by the be deemed

prospectus. company, and all enactments and rules of law as to 19 & 20 Geo. the contents of prospectuses and to liability in respect 5, c. 23, of statements in and omissions from prospectuses, or s. 38. 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 Prohibition capital of a company offered to the public for subs- of allotment cription unless the amount stated in the prospectus as unless the minimum amount which, in the opinion of the minimum

　　　　　　　　　　　　　　　　　　　subscription directors, must be raised by the issue of share capital in received. order to provide for the matters specified in paragraph 19 & 20 Geo. 5 in Part I. of the Fourth Schedule to this Ordin- 5, c. 23, ance has been subscribed, and the sum payable on

　　　　　　　　　　　　　　　　　　　s. 39. application for the amount so stated has been paid to and received by the company.

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.

Frohibition

of allotment

in certain cases unless statement in lieu of prospectus delivered to registrar.

19 & 20 Geo. 5, c. 23,

3. 40.

Effect of irregular allotment.

19 & 20 Geo. 5, c. 23,

s. 41.

1026

(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 ainount 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 repayment 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.

42.-(1) A company having a share capital which does not issue a prospectus on or with reference to its formation, or which has issued such a prospectus but has not proceeded to allot any of the shares offered to the public for subscription, shall not allot any of its shares or debentures unless at least three days before the first allotment of either shares or debentures there has been delivered to the registrar of companies for registration a statement in lieu of prospectus, signed by every person who is named therein as a director 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- tion shall be liable to a fine not exceeding one thousand dollars.

43.--(1) An allotment made by a company to an applicant in contravention of the provisions of the two last foregoing sections of this Ordinance, shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of 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 shall 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 :

1027

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 Return or a company limited by guarantee and having as to share capital makes any allotment of its shares, the allotments. company shall within six weeks thereafter deliver to 5, c. 23, 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 contracı in writing constituting the title of the allotte to the allotment together with any contract of sale, or for services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and a return stating the number and nominai amount of shares so allotted, the extent to which they are to be treated as paid up, and the consideration for which they have been allotted.

19 & 20 Geo.

5. 42.

(2) Where such a contract as above mentioned is not reduced to writing, the company shall within six 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, and the registrar may, as a condition of filing the particulars, require that Ordinance the duty payable thereon be adjudicated under section No. 8 of 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 of companies within six 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 time for the delivery of the document for such period as the court may think proper.

1921.

Commissions and Discounts.

45.-(1) It shall be lawful for a company to pay Power to a commission to any person in consideration of his pay certain subscribing or agreeing to subscribe, whether absolute- commis-

　　　　　　　　　　　　　　　　　sions, and ly or conditionally, for any shares in the company, prohibition or procuring or agreeing to procure subscriptions, of payment whether absolute or conditional, for any shares in of all other the company if-

commis- sions, dis-

(a) the payment of the commission is authorised counts, &c.

by the articles; and

19 & 20 Geo.

5, c. 23,

3.43.

Statement in balance

sheet as to commis- sions and discounts. 19 & 20 Geo. 5, c. 23, S. 44.

Prohibition of provision of financial assistance

1028

(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.

46.--(1) Where a company has paid any sums by way of commission in respect of any shares or debentures or allowed any sums by way of discount in respect of any debentures, the total amount so paid or allowed, or so much thereof as has not been written off, shall be stated in every balance sheet of the company until the whole amount thereof has been 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.

47.-(1) Subject as provided in this section, it shall not be lawful for a company to give, whether directly or indirectly, and whether by means of a loan, guarantee, the provision of security or other- for purchase wise, any financial assistance for the purpose of or in connection with a purchase made or to be made by any person of any shares in the company:

by company

of its

own shares.

19 & 20 Geo. 5, c. 23, s. 45.

1029

Provided that nothing in this section shall 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 & 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, Power to a company limited by shares may, if so authorised issue re- by its articles, issue preference shares which are, or deemable at the option of the company are to be liable, to be preference redeemed:

Provided that-

(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 redeemed 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- ferred to a reserve fund, to be called "the capital redemption reserve fund," a sum equal to the amount applied in redeeming the shares, and the provisions of this Ordin- ance relating to the reduction of the share capital of a company shall, except as provided in this section, apply as if the capital redemption reserve fund were paid-up share capital of the company;

(d) where any such shares are redeemed out of the proceeds of a fresh issue, the premium, if any, payable on redemption, must have. been provided for out of the profits of the company before the shares are redeemed.

(2) There shall be included in every balance sheet of a company which has issued redeemable preference shares a statement specifying what part of the issued capital of the company consists of such shares and the date on or before which those shares are, or are to be liable, to be redeemed.

If a company fails to comply with the provisions of this subsection, the company and every officer of the company who is in default shall be liable to a fine not exceeding one thousand dollars.

shares. 19 & 20 Gen.

5, c. 23, s. 46.

Power to

issue shares

at a dis-

count.

19 & 20 Geo.

5, c. 23,

s. 47.

1030

(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 shall be lawful for a company to issue at a discount 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 sanctioning 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 shares must contain particulars of the discount allowed on the issue of the shares or of so much of that discount as has not been written off at the date of the issue of the docu- ment in question.

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.

1031

Miscellaneous Provisions as to Share Capital.

50. A company, if so authorised by its articles, may Power of do any one or more of the following things-

on shares. 19 & 20 Geo.

company to arrange for (1) Make arrangements on the issue of shares for different a difference between the shareholders in the amounts amounts and times of payment of calls on being paid their shares : (2) Accept from any member the whole or a part 5, c. 23,

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.

s. 48.

19 & 20 Geo. purposes of the company being wound up, and there- 5, c. 23, upon that portion of its share capital shall not be s. 49. capable of being called up except in the event and for the purposes aforesaid.

52.-(1) A company limited by shares or a company Power of limited by guarantee and having a share capital, if company so authorised by its articles, may alter the conditions limited by of its memorandum as follows, that is to say, it shares to

may-

alter its share

(a) increase its share capital by new shares of capital.

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;

(e) couvert 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 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.

19 & 20 Geo. 5, c. 23, s. 50.

53.-(1) If a company having a share capital Notice to

registrar of consolida-

has-

(a) consolidated and divided its share capital into tion of

shares of larger amount than its existing share shares; or

(b) converted any shares into stock; or

capital, conversion of shares into stock, &c.

19 & 20 Geo. 5, c. 23,

(d) subdivided its shares or any of them; or (e) redeemed any redeemable preference shares; s. 51.

(f) cancelled any shares, otherwise than in con- nection with a reduction of share capital under section fifty-seven of this Ordinance,

Notice of increase of share capital. 19 & 20 Geo. 5, c. 23,

s. 52.

Power of unlimited company to provide for

reserve share capital on re-registra- tion.

19 & 20 Geo. 5, c. 23,

s. 53.

Power of

company to pay interest

out of capital in certain

cases.

19 & 20 Geo. 5, c. 23, s. 54.

1032

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, whether its shares have or have not been converted into stock, has increased its share capital beyond the registered capital, it shall within fifteen days after the passing of the resolution authorising the increase, give to the registrar of companies notice of the 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 may, by its resolution for registration as a limited company in pursuance of this Ordinance, do either or both of the following things, namely:--

(1) Increase the nominal amount of its share capital by increasing the nominal amount of each of its shares, but subject to the condition that no part of the increased capital shall be capable of being called up except in the event 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 for the purpose of raising money to defray the expenses of the construction of any works or buildings or the provision of any plant which cannot be made profitable for a lengthened period, the company may pay interest on so much of that share capital as is for the time being paid up for the period and subject 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 thein 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:

1033

(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.

of share

57.-(1) Subject to confirmation by the court, a Special company limited by shares or a company limited by resolution guarantee and having a share capital may, if so for reduction authorised by its articles, by special resolution reduce capital. its share capital in any way, and in particular, with- 19 & 20 Geo. out prejudice to the generality of the foregoing power, 5, c. 23, 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

(c) either with or without extinguishing 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."

s. 55.

58.-(1) Where a company has passed a resolution Application for reducing share capital, it may apply by petition to court for to the court for an order confirming the reduction. confirming

order, objections

(2) Where the proposed reduction of share capital by creditors, involves either diminution of liability in respect of and settle- unpaid share capital or the payment to any shareholder ment of list of objecting of any paid-up share capital, and in any other case creditors. if the court so directs, the following provisions shall 19 & 20 Geo. have effect, subject nevertheless to the next following 5, c. 23, subsection:

s. 56.

(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 so entitled to object, and for that purpose shali ascertain, as far as possible without requiring an application from any creditor, the names

Order confirming reduction

and powers of court

1034

(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.

59.-(1) The court, if satisfied, with respect to every creditor of the company who under the last foregoing section is entitled to object to the reduction, that either his consent to the reduction has been obtained or his debt or claim has been discharged or has determined, or has been secured, may make an 19 & 20 Geo. order confirming the reduction on such terms and

conditions as it thinks fit.

on making

such order.

5, c. 23,

s. 57.

Registra- tion of order and minute of reduction.

19 & 20 Geo. 5, c. 23,

s. 58.

(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.

60.--(1) The registrar of companies, on production to him of an order of the court confirming the reduction of the share capital of a company, and the delivery to him of a copy of the order and of a minute approved by the court, showing with respect to the share capital of the company, as altered by the order, the amount of the share capital, the number of shares 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.

1035

(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 it it had been originally contained therein.

(6) The substitution of any such minute as aforesaid for part of the memorandum of the company shai! be deemed to be an alteration of the memorandun within the meaning of section twenty-six of this Ordinance.

members in respect of

61.-(1) In the case of a reduction of share capital, Liability of a member of the company, past or present, shall not be liable in respect of any share to any call or reduced contribution exceeding in amount the difference, if shares. any, between the amount of the share as fixed by the 19 & 20 Geo.

5, c. 23, minute and the amount paid, or the reduced amount,

　　　　　　　　　　　　　　　　　　　　s. 59. 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 nieaning 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 Fenalty on officer of the company-

concealment

of name of

(1) wilfully conceals the name of any creditor creditor.

entitled to object to the reduction; or

19 & 20 Geo. 5, c. 23.

(2) wilfully misrepresents the nature or amount s. 60.

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.

Rights of holders of special classes of shares.

19 & 20 Geo. 5, c. 23,

s. 61.

Nature of shares.

1036

Variation of Shareholders' Rights.

63.-(1) If in the case of a company, the share capital of which is divided into different classes of shares, provision is made by the memorandum or articles for authorising the variation of the rights attached to any class of shares in the company, subject to the consent of any specified proportion 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.

(1) 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" shall be construed accordingly.

Transfer of Shares and Debentures, Evidence of Title &c.

64.-(1) The shares or other interest of any mem her in a company shall be personal estate, transferable 19 & 20 Geo. in manner provided by the articles of the company,

and shall not be of the nature of real estate

5, c.

3. 62.

23,

Transfer not to be registered except on production of instru. ment of transfer.

19 & 20 Geo. 5. c. 23,

s. 63.

(2) Each share in a company having a share capital shall be distinguished by its appropriate number.

65. Notwithstanding anything in the articles of company, it shall not be lawful for the company to register a transfer of shares in or debentures of the company unless a proper instrument of transfer has been delivered to the company :

Provided that nothing in this section shall prejudice any power of the company to register as shareholder or debenture holder any person to whom the right to any shares in or debentures of the company has been transmitted by operation of law.

1037

66. A transfer of the share or other interest of a Transfer by deceased member of a company made by his personal personal representative shall, although the personal representa- representa- tive is not himself a member of the company, be as 19 & 20 Geo. valid as if he had been such a member at the time 5, c. 27 of the execution of the instrument of transfer.

tive.

s. 64.

67. On the application of the transferor of any Registration share or interest in a company, the company shall of transfer enter in its register of members the name of the at request transferee in the same manner and subject to the feror. same conditions as if the application for the entry 19 & 20 Geo. were made by the transferee.

of trans-

5, c. 23, s. 65.

68.--(1) If a company refuses to register a transfer Notice of of any shares or debentures, the company shall, within refusal to two months after the date on which the transfer was

(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.

5, c. 23, s. 66.

to issue of

69.--(1) Every company shall, within two months Duties of after the allotment of any of its shares, debentures, company or debenture stock, and within two months after the with respect date on which દી transfer of any such shares, certificates. debentures, or debenture stock, is lodged with the 19 & 20 Geo. company, complete and have ready for delivery the 5, c. 23, certificates of all shares, the debentures, and the s. 67. certificates of all debenture stock allotted or trans- ferred, unless the conditions of issue of the shares, debentures, or debenture stock otherwise provide.

The expression "transfer for the purpose of this Ordinance subsection means a transfer duly stamped and other- No. 8 of

　　　　　　　　　　　　　　　　　　　　　1921. 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.

(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.

(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 Certificate to company, specifying any shares held by any member, be evidence shall be primâ facie evidence of the title of the mem. 19 & 20 Geo. ber to the shares.

of title.

5, c. 23, 3. 68.

19 & 20 Geo.

71. The production to a company of any document Evidence of which is by law sufficient evidence of probate of the grant of will, or letters of administration of the estate, or probate. confirmation as executor, of a deceased person having 5, c. 23, been granted to some person shall be accepted by the s. 69.. company, notwithstanding anything in its articles as sufficient evidence of the grant.

Issue and

effect of share warrants to bearer.

19 & 20 Geo. 5, c. 23. s. 70.

Penalty for personation of share- holder.

19 & 20 Geo. 5, c. 23, s. 71.

Right of debenture holders and shareholders to inspect register of debenture holders and to have copies of trust deed.

19 & 20 Geo.

5, c.

s. 73.

23,

Perpetual debentures.

19 & 20 Geo. 5, c. 23,

s. 74

1038

72.-(1) A company limited by shares, if SC authorised by its articles, may, with respect to any fully paid-up shares, issue under its common seal a warrant stating that the bearer of the warrant is entitled to the shares therein specified, and may provide, by coupons or otherwise, for the payment of the future dividends on the shares included in the

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.

73. If any person falsely and deceitfully personates any owner of any share or interest in any company, or of any share warrant or coupon, issued in pursuance of this Ordinance, and thereby obtains or endeavours to obtain any such share or interest or share warrant or coupon, or receives or endeavours to receive any 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.

74.--(1) Every register of holders of debentures of a company shall, except when duly closed, be open to the inspection of the registered holder of any such debentures, and of any holder of shares in the company, but subject to such reasonable restrictions as the company may in general meeting impose, so that not less than two hours in each day shall be allowed for inspection.

For the purposes of this subsection, a register shail be deemed to be duly closed if closed in accordance 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 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 n 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.

any

75. A condition contained in any debentures or issued or executed before or after the commencement deed for securing any debentures, whether

of this Ordinance shall not be invalid by reason only

1039

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- Power to mencement of this Ordinance a company has redeemed re-issue any debentures previously issued, then-

redeemed debentures

cases,

(a) unless any provision to the contrary, whether in certain

express or implied, is contained in the articles 19 & 20 Geo. or in any contract entered into by the com- 5, c. 23, 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.

s. 75.

(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 Ordinance purposes of stamp duty, but it shall not be so treated No. 8 of for the purposes of any provision limiting the amount 1921. 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 Ordinance, 1911, as originally enacted, had been No. 58 of enacted in this Ordinance instead of this section. 1911.

77. A contract with a company to take up and Specific pay for

any debentures of the company may be performance enforced by an order for specific performance.

of con

tracts to

subscribe for debentures.

19 & 20 Geo.

5, c. 23,

3. 76.

Payment of certain

debts out of assets subject to floating charge in priority to claims under the charge. 19 & 20 Geo. 5, c. 23, s. 78.

1040

78.-(1) Where, in the case of a company registered in this Colony, either a receiver is appointed on behalf of the holders of any debentures of the company secured by a floating charge, or possession is taken by or on behalf of those debenture holders of any property comprised in or subject to the charge, then, if the company is not at the time in course of being wound up, the debts, which in every winding-up are under the provisions of Part V of this Ordinance relating to preferential payments to be paid in priority to all other debts, shall be paid out of any assets 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 payınents 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.

Registration of charges created by companies registered in the Colony. 19 & 20 Geo. 5, c. 23, 8. 79.

PART III.

REGISTRATION OF CHARGES.

Registration of Charges with Registrar of Companies.

79.--(1) Subject to the provisions of this Part of this Ordinance, every charge created after the fixed date by a company registered in the Colony and being a charge to which this section applies shall, so far as any security on the company's property or undertaking is conferred thereby, be void against the liquidator and any creditor of the company, unless the prescribed particulars of the charge, together with the 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 with n 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 or

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 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

1041

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 in comprises property outside the Colony (or where, 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, for the

debenture holders;

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,

Duty of company to register charges created by company.

19 & 20 Geo. 5, c. 23, 3. 80.

Duty of

company to register charges existing on property acquired. 19 & 20 Geo.

5, c. 23, s. 81.

1042

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 to the registrar of companies for registration the parti- culars of every charge created by the company and of the issues of debentures of a series, requiring regis- tration under the last foregoing section, but registra- tion of any such charge may be effected on the application of any person interested therein.

(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.

81.-(1) Where after the commencement of this Ordinance a company registered under this Ordinance acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part of this Ordinance, the company shall cause the prescribed particulars of the charge, together with a copy (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.

1043

82.-(1) The registrar of companies shall keep, with Register of respect to each company, a register in the prescribed charges to form of all the charges requiring registration under be kept by

registrar of this Part of this Ordinance, and shall, on payment companies. of the prescribed fee, enter in the register with respect 19 & 20 Geo. 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 i 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.

5. 2. 23, $. 82.

83.-(1) The company shall cause a copy of every Endorse- certificate of registration given under the last fore- ment of going section to be endorsed on every debenture or certificate certificate of debenture stock which is issued by the of registra company, and the payment of which is secured by the bentures. charge so registered:

19 & 20 Geo. 5, c. 23. 5. 83.

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.

tion on de-

84. The registrar of companies may, on evidence Entry of being given to his satisfaction that the debt for which satisfaction. any registered charge was given has been paid or

19 & 20 Geo. 5, c. 23. satisfied, order that a memorandum of satisfaction be

　　　　　　　　　　　　　　　　　　　　8. 84. entered on the register, and shall, if required, furnish the company with a copy thereof.

85. The court, on being satisfied that the omission Rectification to register a charge within the time required by this of register Ordinance, or that the omission or misstatement of 19 & 20 Geo.

of charges. any particular with respect to any such charge or in 5, c. 23, a memorandum of satisfaction, was accidental, or due s. 85. to inadvertence or to some other sufficient cause, or

Registration of enforce- ment of security. 19 & 20 Geo. 5, c. 23, s. 86.

Copies of instruments creating charges to be kept by

company.

19 & 20 Geo.

5, c. 23,

s. 87.

Company's register of charges.

19 & 20 Geo. 5, c. 23,

s. 88.

Right to inspect copies of instruments creating mortgages

and charges and com- pany's register of charges. 19 & 20 Geo. 5, c. 23, s. 89.

1044

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.

86.-(1) If any person obtains an order for the appointment of a receiver or manager of the property of a company, or appoints such a receiver or manager under any powers contained in any instrument, he shall, within seven days from the date of the order or of the appointment under the said powers, give 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 instrument creating any charge requiring registration under this Part of this Ordinance to be kept at the registered office of the company:

Provided that, in the case of a series of uniform lebentures, a copy of one debenture of the series shall be sufficient.

88.-(1) Every limited company shall keep at the registered office of the company a register of charges and enter therein all charges specifically affecting pro- perty of the company and all floating charges on the undertaking or any property of the company, giving 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 charge requiring registration under this Part of this Ordinance with the registrar of companies, and the register of charges, kept in pursuance of the last foregoing section, shall be open during business hours (but subject to such reasonable restrictions as the company in general meeting may impose, so that not less than two hours in each day shall be allowed for inspection) to the inspection of any creditor or mem- ber of the company without fee, and the register of charges shall also be open to the inspection of any 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 18 refused, any officer of the company refusing inspection, and every director and manager of the company authorising or knowingly and wilfully permitting the

•

1045

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 Application shall extend to charges on property in the Colony of Part III

to charges which are created, and to charges on property in created, and the Colony which is acquired, after the commencement property of this Ordinance, by a company (whether a company subject to within the meaning of this Ordinance or not) incor- charge ac- quired by porated outside the Colony which has an established

company place of business in the Colony.

incorporated outside the Colony. 19 & 20 Geo. 5. c. 23,

Transitional Provision as to matters required to be registered under this Ordinance, but not under former Ordinances.

s. 90.

91.-(1) It shall be the duty of a company within Provision six months after the commencement of this Ordinance as to charges to send to the registrar of companies for registration charges the prescribed particulars of-

created, and

on property acquired, by

(a) any charge created by the company before company

the date of the commencement of this Ordin- before com- mencement ance and remaining unsatisfied at that date, of Ordin which would have been required to be regis- ance. tered under the provisions of paragraphs (g), 19 & 20 Geo. (h) and (i) of subsection (2) of section 5, c. 23, 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.

PART IV.

MANAGEMENT AND ADMINISTRATION. Registered Office and Name.

s. 91.

92.-(1) A company shall, as from the day on Registered which it begins to carry on business or as from the office of twenty-eighth day after the date of its incorporation, company.

19 & 20 Geo. whichever is the earlier, have a registered office in

　　　　　　　　　　　　　　　　　　5, c. 23, the Colony (or, in the case of a China company, within

$. 92.

Publication of name by company.

19 & 20 Geo. 5, c. 23,

s. 93.

1046

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-

(a) shall paint or affix, and keep painted or affixed, its name on the outside of every office or place in which its business is carried on, in a conspicuous position, in letters easily 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 RA (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 defauit shall be liable to a fine not exceeding fifty dollare, 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.

1047

(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 f 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 Restrictions has issued a prospectus inviting the public to subscribe on com- for its shares, the company shall not commence any mencement

of business. business or exercise any borrowing powers unless- 19 & 20 Geo. (a) shares held subject to the payment of the 5, c. 23,

whole amount thereof in cash have been s. 94. allotted to an amount not less in the whole than the minimum subscription; and

(b) every director of the company has paid

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 subscrive 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.

1048

(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 on 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 at 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.

1049

(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 ‹.f

January, nineteen hundred and twelve.

19 & 20 Geo. 5, c. 23, s. 95.

95.-(1) Every company shall keep in one or more Register of books in the English language a register of its mem- members. 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 Index of members shall, unless the register of members is in members of such a form as to constitute in itself an index, keep company. an index of the names of the members of the company 19 & 20 Geo. and shall, within fourteen days after the date on which 5, c. 23, 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.

s. 96.

97.-(1) On the issue of a share warrant the com- Provisions pany shall strike out of its register of members the as to entries name of the member then entered therein as holding in register the shares specified in the warrant as if he had ceased in relation 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.

to share warrants. 19 & 20 Geo.

5, c. 23,

s. 97.

Inspection of register of members. 19 & 20 Geo.

5, c. 23, s. 98.

Power to close register.

19 & 20 Geo. 5, c. 23, s. 99.

Power of court to

rectify register.

19 & 20 Geo. 5, c. 23,

s. 100.

1050

(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- ars specified in subsection (1) of this section shall 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) The register of members, commencing from the date of the registration of the company, and the index of the names of members, shall be kept at the registered office of the company, and. except when the register is closed under the provisions 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- ment in some newspaper circulating in the district in which the registered office of the company situate, close the register of members for any time is or times not exceeding in the whole thirty days in each year.

100.-(1) If-

(a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or

(b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a nember:

the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.

...

1051

(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 or 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 this 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 of any trust, expressed, implied, Trusts not or constructive, shall be entered on the register, or to be be receivable by the registrar, in the case of com- panies registered in the Colony.

entered on register. 19 & 20 Geo. 5, c. 23, s. 101.

102. The register of members shall be primâ Register to facie evidence of any matters by this Ordinance be evidence. directed or authorised to be inserted therein.

19 & 20 Geo.

Local or Branch Registers.

5, c. 23, s. 102.

s. 103.

103.--(1) The registrar of companies may, subject Power for to instruction from the Governor, issue an annual company licence, available for the period of one year, to any local or to keep company other than a China company whose objects branch comprise the transaction of business outside the register. Colony, empowering such company, if it is authorised 19 & 20 Geo. so to do by its regulations as originally framed or as 5, c. 23, altered by special resolution, to keep in any place in which it transacts business a register or registers of members: Provided 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.

Regulations

as to branch register.

19 & 20 Geo. 5, c. 23,

s. 104.

1052

(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.

(5) If any company or member thereof feels 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 us 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 defauit 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.

104.--(1) A local or branch register shall be deemed to be part of the company's register of members (in this and the next following section called "the principal register').

(2) It shall be kept in the same manner in which the principal register is by this Ordnance 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.

1053

(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.

certain

105.-(1) An instrument of transfer of a share Exemption registered in a local or branch register, shall be deemed from to be a transfer of property situate out of the Colony, duties in und, unless executed in any part of the Colony, shall case of be exempt from stamp duty chargeable in the shares Colony.

registered in local or branch

registers.

19 & 20 Geo.

5, c. 23, s. 105.

No. 3 of 1932.

(2) No estate duty under the Estate Duty Ordin- Ordinance 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 Provisions part of His Majesty's dominions outside the Colony as to branch companies incorporated under that law have power registers of

companies to keep in the Colony local or branch registers of kept in the their members resident in the Colony, the Governor in Colony. Council may by Order direct that sections ninety 19 & 20 Geo. eight and one hundred of this Ordinance shall, subject 5, c. 23, 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 Annual shall once at least in every year make a return con- return to be

made by taining a list of all persons who, on the fourteenth company day after the first or only ordinary general meeting having a in the year, are members of the company, and of share all persons who have ceased to be members since capital.

　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. the date of the last return or, in the case of the

5, c. 23, 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 n 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 cash and shares issued as fully or partly paid un otherwise than in cash, and specifying the following particulars:-

s. 108.

Annual

return to be made by

company not having

share capital.

19 & 20 Geo. 5, c. 23, s. 109.

1054

(a) The amount of the share capital of the com- pany, and the number of the shares into which it is divided;

(6) 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;

(n) All such particulars with respect to the per- sons who at the date of the return are 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 capital shall once at least in every calendar year make a return stating-

(a) the address of the registered office of the

company;

(b) all such particulars with respect to the per- sons who at the date of the return are the 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.

1055

as to annual

109.-(1) The annual return must be contained in General a separate part of the register of members, and must provisions be completed within twenty-eight days after the first returns. or only general meeting in the year, and the company 19 & 20 Geo. must forthwith forward to the registrar of companies 5, c. 23, a copy signed by a director or by the manager or by s. 110. the secretary of the company,

(2) Section ninety-eight of this Ordinance shall 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, meluding 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.

company

s. 111.

110. A private company shall send with the Certificates annual return required by section one hundred and to be sent seven of this Ordinance a certificate signed by a by private director or the secretary of the company that the with annual company has not, since the date of the last return, return. or, in the case of a first return, since the date of 19 & 20 Geo. the incorporation of the company, issued any invita- 5, c. 23, 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 Annual shall be held once at the least in every calendar

general and not more than fifteen months after the holding 19 & 20 Geo. of the last preceding general meeting.

year, 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.

5, c. 23, s. 112.

Statutory meeting and statutory report.

19 & 20 Geo. 5, c. 23,

s. 113.

1056

112. (1) Every company limited by shares and every company limited by guarantee and having a share capital shall, within a period of not less than one month nor more than three months from the date at which the company is entitled to commence business, hold a general meeting of the members of the company, which shall be called "the statutory meeting."

(2) The director 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 partiy 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 headings 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,

1057

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.

113. (1) The directors of a company, notwith- of extra- standing anything in its articles, shall, on the Convening

　　　　　　　　　　　　　　　　ordinary requisition of members of the company holding at general the date of the deposit of the requisition not less than meeting on one-tenth of such of the paid-up capital of the com- requisition. pany as at the date of the deposit carries the right 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　5, c. 23, of voting at general meetings of the company, or,

　　　　　　　　　　　　　　　　　　　　　s. 114. 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.

(5) Any reasonable expenses incurred by the 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 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.

114.-(1) The following provisions shall have effect Provisions in so far as the articles of the company do not make as to other provision in that behalf :-

meetings and votes.

(a) a meeting of a company, other than a meet- 19 & 20 Geo.

ing for the passing of a special resolution, may s. 115.

5, c. 23, be called by seven days' notice in writ-

ing;

1058

(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.

(2) If for any reason it is impracticable to call 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 directions 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.

Representa- tion of companies

at meetings of other companies

and of creditors.

19 & 20 Geo. 5, c. 23,

s. 116.

115.-(1) A corporation, whether a company within the meaning of this Ordinance or not, may-

(a) if it is a member of another corporation, be- ing 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 the company or at any 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 or 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.

1059

116.-(1) A resolution shall be an extraordinary Provisions resolution when it has been passed by a majority of as to extra- not less than three fourths of such members ordinary

as, and special being entitled so to do, vote in person or, where resolutions. proxies are allowed, by proxy, at a general meeting 19 & 20 Geo. of which notice specifying the intention to propose 5, c. 23, the resolution as an extraordinary resolution has been 5. 117. 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 meeting of which not less than twenty-one days' notice, specifying the intention to propose the resolution as a special resolution, has been dulv 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 & 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.

117.--(1) A printed copy of every resolution or agreement to which this section applies shall, within and copies

Registration fifteen days after the passing or making thereof, be of certain forwarded to the registrar of companies and recorded resolutions 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.

and agree- ments.

19 & 20 Geo. 5, c. 23, s. 118.

Resolutions passed at adjourned

meetings.

19 & 20 Geo.

5. c. 23,

s. 119.

1060

(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 Ordinance a resolution is passed at an adjourned meet- 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.

Minutes of

119.-(1) Every company shall cause minutes of proceedings all proceedings of general meetings, and where there of meetings are directors or managers, of all proceedings at meet- ings of its directors or of its managers, to be entered in books kept for that purpose.

and

directors.

19 & 20 Geo. 5, c. 23, s. 120.

(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.

―

1061

(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.

books.

120. (1) The books containing the minutes of Inspection proceedings of any general meeting of a company held of minute after the commencement of this Ordinance shall be 19 & 20 Geo. kept at the registered office of the company, and shall 5, c. 23, during business hours (subject to such reasonable s. 121. 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 Keeping of proper books of account with respect to-

books of

account.

(a) all sums of money received and expended by 19 & 20 Geo. the company and the matters in respect of 5, c. 23, which the receipt and expenditure takes place; s. 122.

(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. The 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.

Profit and

loss account and balance sheet.

s. 123.

1062

(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.

122.--(1) The directors of every company shall at some date not later than eighteen months after the incorporation of the company and subsequently once 19 & 20 Geo. at least in every calendar year lay before the com- 5, c. 23,

pany in general meeting a profit and loss account or, in the case of a company not trading for profit, an income and expenditure account for the period, in the case of the first account, since the incorporation of the company, and, in any other case, since the preceding account, 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.

1063

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.

s. 124.

123.-(1) Every balance sheet of a company shall sheet. contain a summary of the authorised share capital and 19 & 20 Geo. of the issued share capital of the company, its 5, c. 23, 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 US- 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.

Assets con- sisting of

to be

124. Where any of the assets of a company consist of shares in, or amounts owing (whether on account shares in of a loan or otherwise) from a subsidiary company subsidiary or subsidiary companies, the aggregate amount of companies those assets, distinguishing shares and indebtedness, set out shall be set out in the balance sheet of the first- separately mentioned company separately from all its other in balance assets, and where a company is indebted, whether sheet. on account of a loan or otherwise, to a subsidiary 5, c. 23, company or subsidiary companies, the aggregate s 125. amount of that indebtedness shall be set out in the balance sheet of that company separately from all its other liabilities.

to as

19 & 20 Geo.

particulars as to sub-

125. (1) Where a company (in this section referred Balance the holding company") holds shares either sheet to directly or through a nominee in a subsidiary company include or in two or more subsidiary companies, there shall be annexed to the balance sheet of the holding com- sidiary pany a statement, signed by the persons by whom in companies. pursuance of section one hundred and twenty-eight of 19 & 20 Geo.. this Ordinance the balance sheet is signed, stating s. 126.

5, c. 23, 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

Meaning of subsidiary company.

19 & 20 Geo. 5, c. 23,

s. 127.

1064

(b) losses of a subsidiary company have veen 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 in whole or in part of shares in another company, whether held directly or through a nominee and whether that other company is a company within the meaning of this Ordinance or not, and-

(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 he taken of the shares so held.

1065

127.--(1) The accounts which in pursuance of this Accounts Ordinance are to be laid before every company in to contain general meeting shall, subject to the provisions of this particulars section, contain particulars showing-

as to loans to, and

tion of,

(a) the amount of any loans which during the remunera-

s. 128.

period to which the accounts relate have been directors, made either by the company or by any other &c. person under a guarantee from or on a security 19 & 20 Geo. provided by the company to any director or 5, c. 23, 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 uot 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.

sheet.

19 & 20 Geo.

128.-(1) Every balance sheet of a company shall Signag of be signed on behalf of the board by two of the directors balance of the company, or, if there is only one director, by that director, and the auditors' report shall be attached 5, c. 23. 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.

s. 129.

Right to receive

copies of balance

sheets and

auditors'

report.

19 & 20 Geo. 5, c. 23,

s. 130.

Banking and certain

other com- panies to publish periodical

1066

(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 private company-

(a) a copy of every balance sheet, including ever: 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 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;

(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, shail 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 company or an insurance company or provident, or benefit society, shall, before it com- a deposit, mences business, and also on the first Monday in February and the first Tuesday in August in every year during which it carries on business, make a 19 & 20 Geo. statement in the English language in the form set 5, c. 23,

out in the Seventh Schedule to this Ordinance, or as near thereto as circumstances admit.

statement.

s. 131.

(2) A copy of the statement shall be put up in 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.

(3) 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.

1067

(4) M 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 Ordinances

　　　　　　　　　　　　　　　　　　　　　　Nos. 11 of company to which the provisions of the Life Insurance

　　　　　　　　　　　　　　　　　　　1907, Companies Ordinance, 1907, or the Fire and Marine Ordinance Insurance Companies Deposit Ordinance, 1917, apply, No. 32 of if the company complies with those provisions. 1917.

131.-(1) Every company shall at each annual Appoint general meeting appoint an auditor or auditors to hold ment and office until the next annual general meeting.

remunera-

tion of auditors.

(2) If an appointment of auditors is not made at 19 & 20 Geo. an annual general meeting, the Court may,

5, c. 23, on the

　　　　　　　　　　　　　　　　　　　　　　s. 132. 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 andit 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 second anditor

Disqualifica. tion for appoint- ment as auditor. 5. c. 23, 19 &20 Geo. s. 133.

1068

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 othe: 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 powers 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 qualified for appointment as auditor of a company-

(a) a director or officer of the company;

(b) except where the company is a private com- pany, a person who is a partner of or in the employment of an officer of the company;

1069

(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.

133.-(1) The auditors shall make a report to the Auditors' members on the accounts examined by them, and on report and every balance sheet laid before the company in general auditors'

　　　　　　　　　　　　　　　　　right of meeting during their tenure of office, and the report

access to shall state-

books and right to

meetings. 19 & 20 Geo.

s. 134.

(a) whether or not they have obtained all the in- attend

formation and explanations they have required; general and (b) whether, in their opinion, the balance sheet 5, c. 23,

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 bocks 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.

Inspection.

more Investiga- Яtion of

134. (1) The court may appoint one or competent inspectors to investigate the affairs of

affairs of company and to report thereon in such manner

　　　　　　　　　　　　　　company by they direct-

inspectors. 19 & 20 Geo (a) In the case of a banking company having a

5, c. 23, 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 a 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 com- pany's register of members.

s. 135.

Proceeding on report by inspectors. 19 & 20 Geo.

5, c. 23, s. 136.

1070

(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 foregoing section it appears to the court that any person has been guilty of any offence in relation t the company for which he is criminally liable, the court may direct that the matter shall be referred to 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 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 be 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;

1071

(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 then: 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 ar- plicants shall be defrayed by the revenues of the Colony.

136.-(1) A company may by special resolution Power of appoint inspectors to investigate its affairs.

Company

to appoint inspectors.

5, c. 23, s. 137.

(2) Inspectors so appointed shall have the same 19 & 20 Geo. 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 Report of appointed under this Ordinance, authenticated by the inspectors to seal of the company whose affairs they have be evidence. investigated, shall be admissible in any legal pro- c. 23, ceeding as evidence of the opinion of the inspectors in relation to any matter contained in the report.

Directors and Managers.

19 & 20 Geo.

s. 138.

138. (1) Every company registered after the com. Number of mencement of this Ordinance shall have at least two directors.

(2) This section shall not apply to a private com- pany.

directors. 19 & 20 Geo. 5. c. 23, s. 139.

advertise-

139.-(1) A person shall not be capable of being Restrictions appointed director of a company by the articles, and on appoint- shall not be named as a director or proposed director ment or of a company in a prospectus issued by or on behalf ment of of the company, or as proposed director of an intended director. company in a prospectus issued in relation to that 19 & 20 Geo. intended company, or in a statement in lieu of 5. c. 23. prospectus delivered to the registrar by or on behal: s. 140. 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-

(a) signed and delivered to the registrar of com- panies for registration a consent in writing to act as such director; and

1072

(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 or 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 quali- fication shares, he shall, as regards those shares, be in the same position as if he had signed the memoran- 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 persons who have consented to be directors of the company, 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.

Qualifica-

tion of

director or manager.

140.-(1) Without prejudice to the restrictions imposed by the last foregoing section, it shall be the duty of every director who is by the articles of the 19 & 20 Geo. company required to hold a specified share qualifica- tion, and who is not already qualified, to obtain his qualification within two months after his appointment, or such shorter time as may be fixed by the articles.

5, c. 23,

s. 141.

(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 shall 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

1073

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.

charged

141.-(1) If any person being an undischarged Frovisions bankrupt acts as director of, or directly or indirectly as to undis. takes part in or is concerned in the management of, bankrupts any company except with the leave of the court by acting as which he was adjudged bankrupt, he shall be liable directors. on conviction on indictment to imprisonment for a 19 & 20 Geo. term not exceeding two years, or on summary convic. 5, c. 23, 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, iias 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 an established place of business within the Colony, and the expression "official receiver" means the official receiver in bankruptcy.

s. 142.

142. The acts of a director or manager shall be Validity of valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.

acts of directors. 19 & 20 Geo. 5, c. 23, 8. 143.

143.-(1) Every company shall keep at its regis- Register of tered office a register of its directors or managers directors. containing with respect to each of them the following 5, c. 23, 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 forın 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.

19 & 20 Geo.

s. 144.

Particulars

to directors sin trade

ratalogues, circulars, &c.

1074

(3) The register to be kept under this section shall 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 .ompany 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.

144.-(1) Every company to which this section with respect applies shall, in all trade catalogues, trade circulars, showcards and business letters on or in which the company's name appears and which are issued or sent by the company to any person in any part of His Majesty's dominions, state in legible characters with respect to every director being a corporation, the cor- porate name, and with respect to every director being an individual, the following particulars-

19 & 20 Geo. 5 c. 23,

$ 145.

Ordinance No. 16 of 1911.

(a) his present christian name, or the initials

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

(c) every company registered under the Money- lenders Ordinance, 1911, whenever it was registered or whenever it established a placo 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;

1075

(b) the expression "christian name

forename;

includes a

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; (c) 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 Limited directors or managers, or of the managing director, company may, if so provided by the memorandum, be un- may have limited.

directors with un- limited

s. 146.

(2) In a limited company in which the liability of liability. a director or manager is unlimited, the directors or 19 & 20 Geo. managers of the company, if any, and the member 5, c. 23, 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 exceeding 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 Special re- its articles, may, by special resolution, alter its solution of memorandum so as to render unlimited the liability limited of its directors, or managers, or of any managing company

director.

making liability of directors

(2) Upon the passing of any such special resolution unlimited. the provisions thereof shall be as valid as if they had been originally contained in the memorandum.

19 & 20 Geo. 5, c. 23, s. 147.

to be fur-

147.-(1) Subject as hereinafter provided, the Statement directors of a company shall, on a demand in that as to re- behalf made to them in writing by members of the muneration company entitled to not less than one-fourth of the of directors aggregate number of votes to which all the members nished to of the company are together entitled, furnish to all share- the members of the company within a period of one holders. month from the receipt of the demand a statement, 19 & 20 Geo. certified as correct, or with such qualifications as may s. 148.

5, c. 23, be necessary, by the auditors of the company, show- ing as respects each of the last three preceding years

Disclosure

by directors of interest in contracts. 19 & 20 Geo. 5, c. 23, s. 149.

1076

in respect of which the accounts of the company have been made up the aggregate amount received in that year by way of remuneration 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 2 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.

"emoluments'

(4) In this section the expression 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, it shall be the duty of a director of a company who is in any way, whether directly or indirectly, interest- ed in a contract or proposed contract with the company to declare the nature of his interest at a 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 niceting 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

1077

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.

directors for

149.-(1) It is hereby declared that it is not lawful Provision as in connection with the transfer of the whole or any to payments part of the undertaking or property of a company for received by any payment to be made to any director of the com- loss of office pany by way of compensation for loss of office. or or on retire- as consideration for or in connection with his retire- ment. ment from office, unless particulars with respect to 19 & 20 Geo. the proposed payment, including the amount thereof, 5, c. 23, 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 to have been amount received shall be deemed

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- subsection are not ments of the last foregcing 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.

　　　　such transfer (5) If in connection with any 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- of law requiring judice the operation of any rule of law 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.

s. 150.

Provisions

as to assign-

ment of office by directors. 19 & 20 Gec. 5, c. 23, s. 151.

Provisions

as to lia- bility of officers and auditors.

19 & 20 Geo. 5, c. 23, s. 152.

Power to

with credi- tors and members.

1078

150. If in the case of any company provision made by the articles or by any agreement entered into between any person and the company for empowering a director or manager of the company to assign his office as such to another person, any assignment of office made in pursuance of the said provision shall, notwithstanding anything to the contrary contained 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- sion, whether contained in the articles of a company or in any contract with a company or otherwise, for exempting any director, manager or officer of the com- pany, or any person (whether an officer of the company or not) employed by the company as auditor from, or indemnifying him against, any liability 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

(a) in relation to any such provision which is in force at the date of the commencement of this Ordinance, this section shall have 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 right to be indemnified in respect of any- thing done or omitted to be done by him 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-four of this Ordinance in which relief is granted to him by the court.

Arrangements and Reconstructions. 152.--(1) Where a compromise or arrangement is compromise proposed between a company and its creditors or any class of them, or between the company and its members or any class of them, the court may, on the application in a summary way of the company or of any creditor or member of the company, or, in the case of a company being wound up, of the liquidator, 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.

19 & 20 Geo. 5, c. 23, s. 153.

(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

1079

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.

struction

s. 154.

153. (1) Where an application is made to the Provisions court under the last foregoing section of this Ordinance for facilitat- for the sanctioning of a compromise or arrangement ing recon- proposed between a company and any such persons and amalga- as are mentioned in that section, and it is shown to mation of the court that the compromise or arrangement has companies. been proposed for the purposes of or in connection 19 & 20 Geo. with a scheme for the reconstruction of any company 5, c. 23, 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;

(e) 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 may direct, dissent from the compromise or arrangement;

secure

(f) such incidental, consequential and supple-

mental matters as are necessary 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 anv 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

Fower to acquire shares of shareholders dissenting from

scheme or contract

approved by majority. 19 & 20 Geo. 5, c. 23, s. 155.

1080

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.

154.--(1) Where a scheme or contract involving the transfer of shares or any class of shares in a com- pany (in this section referred to as "the transferor company') to another company, whether a company within the meaning of this Ordinance or not (in this section referred to as "the transferee company'). has within four months after the making of the offer in that behalf by the transferee company been approved by the holders of not less than nine-tenths in value of the shares affected, the transferee company may, at any time within 1 Wo months after the 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 sebeine or contract.

201

(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 transferce 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 ther 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 transferce company in accordance with the scheme or contract.

1081

PART V.

WINDING UP.

(1) PRELIMINARY,

Modes of Winding Up.

155.-(1) The winding up of a company may be Modes of

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.

Contributories.

winding up.

19 & 20 Geo.

5, c. 23,

s. 156.

156.-(1) In the event of a company being wound Liability as up, every present and past member shall be liable to contributories contribute to the assets of the company to an amount

of present and past sufficient for payment of its debts and liabilities, and members. the costs, charges, and expenses of the winding up, 19 & 20 Geo. and for the adjustment of the rights of the con- 5, c. 23, tributories among themselves, subject to the provi- s. 157. sions of subsection (2) of this section and the

following qualifications:-

(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- pany contracted after he ceased to be a

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 inember 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 any policy of insurance 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- tributories 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 commence- ment of the winding up a member of an unlimited company:

1082

Definition of contributory. 19 & 20 Geo. 5, c. 23, s. 158.

Nature of

liability of contributory. 19 & 20 Geo. 5, c. 23, s. 159.

Contribu- tories in case of

death of member.

Provided that-

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 sums unpaid on any shares held by him.

157. The term "contributory means every person liable to contribute to the assets of a company in the event of its being wound up, and for the purposes of all proceedings for determining, and all proceedings prior 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 debt of the nature of a specialty accruing due from him at the time when his liability commenced, but payable at the times when calls are made for enforcing the liability.

159.--(1) If a contributory dies either before OF after he has been placed on the list of contributories. his personal representatives (and his heirs or other inheritors in countries where property does not pass 19 & 20 Gen. to personal representatives) shall be liable in due course of administration to contribute to the assets of the company in discharge of his liability and shall be contributories accordingly.

5, c. 23,

s. 160.

Contribu- tories in case of

bankruptcy of member.

19 & 20 Geo. 5, c. 23, s. 161.

Provision as to married

women.

(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 before or after he has been placed on the list of con- tributories-

(1) his trustee in bankruptcy shall represent him for all the purposes of the winding-up, and shall be a contributory accordingly, and may 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 married before the first day of January, 1883, shall 19 & 20 Geo. during the continuance of the marriage, be liable, as respects any liability attaching to any shares acquired by her before that date, to contribute to the assets

5, c. 23,

s. 162.

1083

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 Ordinance shall affect the provisions of the Married Women's No. 5 of Property Ordinance, 1906.

1906. s. 27.

(ii) WINDING UP BY THE COurt.

Jurisdiction.

162. The Court shall have jurisdiction to wind Jurisdiction up any company registered in the Colony.

Cases in which Company may be wound up

by Court.

to wind up companies registered in the Colony. 19 & 20 Geo.

5, c. 23, s. 163.

163. A company may be wound up by the court Circum-

if__

stances in which com- pany may

(1) the company has by special resolution resolved

that the company be wound up by the court: be wound (2) default is made in delivering the statutory up by court report to the registrar or in holding the statu- 19 & 20 Gea

　　　　　　　　5, c. 23, tory meeting.

s. 168.

(3) the company does not commence its business within a year from its incorporation, or 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 Definition pay its debts-

of inability to pay (1) if a creditor, by assignment or otherwise, to debts.

whom the company is indebted in a sum ex 19 & 20 Geo. ceeding five hundred dollars then due, has 5, c. 23. served on the company, by leaving it at the s. 169. 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 prospective liabilities of the company.

Petition for Winding Up and Effects thereof. 165.-(1) An application to the

court for the Provisions winding up of a company shall be by petition, pre as to appli- sented subject to the provisions of this section either cations for by the company, or by any creditor or creditors winding up. (including any contingent or prospective creditor or 5, c. 23, creditors), contributory or contributories, or by all or s. 170. 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 13 reduced, in the case of a private company, below two, or, in the case of any other company, below seven; or

19 & 20 Geo.

Powers of court on hearing petition. 19 & 20 Geo. 5, c. 23,

s. 171.

Power to

stay or re- strain pro-

ceedings

against

company. 19 & 20 Geo.

5, c. 27. s. 172.

1084

(1) the shares in respect of which he s 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

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 an 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.

SIX

(8) Where under the provisions of this Part of this Ordinance any person as being the husband of 2 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.

166.-(1) On hearing a winding-up petition the court may dismiss it, or adjourn the hearing con- ditionally or unconditionally, or make any interim. order, or any other order that it thinks fit, but the court shall not refuse to make a winding-up order on the ground only that the assets of the company 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 court, responsible for the default.

are

167. At any time after the presentation of a winding-up petition, and before a winding-up order has been made, the company, or any creditor or con- tributory, may-

(a) where any action or proceeding against the company is pending in any court, apply to the court in which the action or proceeding is pending for a stay of proceedings therein; and

1085

(b) where any other action or proceeding

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.

168. In a winding up by the court. any dis- Avoidance of position of the property of the company, including dispositions of property, things in action, and any transfer of shares, or altera. &c. after tion in the status of the members of the company, commence made after the commencement of the winding up, ment of shall, unless the court otherwise orders, be void.

winding up.

19 & 20 Geo. 5, 23, s. 173.

169. Where any company is being wound up by Avoidance the court, any attachment, sequestration, distress, or of attach- execution put in force against the estate or effects of ments, &c.

　　　　　　　　　　　　　　　　　　　19 & 20 Geo. the company after the commencement of the winding 5, c. 23, up shall be void to all intents.

Commencement of Winding Up.

s. 174.

170.-(1) Where before the presentation of a peti- Commence- tion for the winding up of a company by the court a ment of resolution has been passed by the company for winding up voluntary winding up, the winding up of the com- court.

by the pany shall be deemed to have commenced at the 19 & 20. Geo. time of the passing of the resolution, and unless the 5, c. 23. court, on proof of fraud or mistake, thinks fit other- s. 175. 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 Copy of of the order must forthwith be forwarded by the order to be company, or otherwise as may be prescribed, to the forwarded registrar of companies, who shall make thereof in his books relating to the company.

a minute

to registrar. 19 & 20 Geo. 5, c. 23. s. 176.

172. When a winding-up order has been inade, or a Actions provisional liquidator has been appointed, no action or stayed on proceeding shall be proceeded with or commenced winding-up against the company except by leave of the court, and order. subject to such terms as the court may impose.

19 & 20 Geo. 5, c. 23, s. 177.

173. An order for winding up a company shall operate in favour of all the creditors and of all the Effect of contributories of the company as if made on the joint order. petition of a creditor and of a contributory.

Official Receiver in Winding Up.

winding-up

19 & 20 Geo

5, c. 23. s. 178.

Official

174.-(1) For the purposes of this Ordinance so far as it relates to the winding up of companies by the receiver in court the term "official receiver' means the official bankruptcy receiver, if any, attached to the court for bankruptcy to be official purposes, or if there is more than one such official receiver for receiver, then such one of them as the Governor winding-up may appoint, or, if there is no such official receiver, 19 & 20 Geo then an officer appointed for the purpose by the 5. c. 23,

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.

purposes.

s. 179

Appoint-

ment of official receiver by Court in certain

cases.

19 & 20 Geo. 5, c. 23, s. 180.

Statement

affairs to be submitted to official receiver.

1086

(3) Any such officer shall for the purpose of his duties under this Ordinance be styled "the official receiver.

175. If in the case of the winding up of any com- pany by the court it appears to the court desirable, with a view to securing the more convenient and economical conduct of the winding up, that some officer, other than the person who would by virtue of the last foregoing section of this Ordinance be the official receiver, should be the official receiver for the purposes of that winding up, the court may appoint that other officer to act as official receiver in that winding up, and the person so sppointed shall be deemed to be the official receiver in that winding up for all the purposes of this Ordinance.

176.-(1) Where the court has made a winding-up of company's order or appointed a provisional liquidator, there shall. unless the court thinks fit to order otherwise and so orders, be made out and submitted to the official receiver a statement as to the affairs of the company in the prescribed form, verified by affidavit, and show- ing the particulars of its assets, debts, and liabilities. 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 he prescribed or as the official receiver may require.

19 & 20 Geo. 5, c. 23, s. 181.

(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 shal! 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.

1087

(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 Report by made, the official receiver shall, as soon as practicable official after receipt of the statement to be submitted under receiver.

19 & 20 Geo. the last foregoing section, or, in a case where the court

5, c. 23, orders that no statement shall be submitted, as soon as s. 182.

submit a practicable after the date of the order, 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

(e) 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 ny 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 Power of ceedings in winding up a company and performing court to such duties in reference thereto as the court may in- appoint

　　　　　　　　　　　　　　　liquidators pose, the court may appoint a liquidater or liquidators. 1920 Geo

19 & 20 5, c. 23, 3. 183.

179.-(1) Subject to the provisions of this section. Appoint- the court may appoint a liquidator provisionally at ment and any time after the presentation of a winding up powers of petition.

provisional liquidator. 19 & 20 Geo.

(2) The appointment of a provisional liquidator inay 5, c. 23, be made at any time before the making of a winding up s. 184. 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 Appoint- liquidators shall have effect on a winding-up order ment, style being made:-

&c. of liquidators.

(1) The official receiver shall by virtue his 19 & 20 Geo. office become the provisional liquidator and 5, c. 23, shall continue to act as such until he Or 3. 185. 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

Provisions

where

person

other than official receiver is appointed liquidator.

19 & 20 Geo. 5, c. 23, s. 186.

General provisions

as to

liquidators.

19 & 20 Geo. 5, c. 23,

s. 188.

Custody of company's property.

19 & 20 Geo 5, c. 23,

s. 189.

1088

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 court a person other than the official receiver is appointed liquidator, that person-

(1) shall not be capable of acting as liquidator until he has notified his appointment to the registrar of companies and given security in the prescribed manner to the satisfaction of the official receiver;

(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 resign or, on cause shown, be removed by the court.

(2) Where a person other than the official receiver is appointed liquidator, he shall receive such salary or remuneration by way of percentage or otherwise as the 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 where a provisional liquidator has been appointed, the liquidator, or the provisional liquidator, as the case may be, shall take into his custody, or under his control, all the property and things in action to which the company is or appears to be entitled,

1089

184. Where a company is being wound up by the Vesting of court, the court may on

the application of the property of liquidator by order. direct that all or any part of the company in

liquidator. property of whatsoever description belonging to the 19 & 20 Geo. company or held by trustees on its behalf shall vest 5, c. 23, in the liquidator by his official name, and thereupon s. 190. the property to which the order relates shall vest accordingly, and the liquidator may, after giving such indemnity, if any, as the court may 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 Powers of 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: (f) 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 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

liquidator. 19 & 20 Geo. 5, c. 23,

s. 191.

Exercise

and control of liquid- ator's

powers.

5, c. 23, s. 192.

Books to be kept by liquidator.

19 & 20 Geo.

5, c. 23,

s. 193.

1090

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

186. (1) Subject to the provisions of this Ordin- ance, the liquidator of a company which is being wound up by the court shall, in the administration of the assets of the company and in the distribution thereof among its creditors, have regard to any directions that may be given by resolution of the creditors or contributories at any general inceting, 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 or 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.

187. Every liquidator of a company which is being wound up by the court shall keep, in manner prescribed, proper books in which he shall cause to be made entries or minutes of proceedings at meet- ings, and of such other matters as may be prescribed, and any creditor or contributory may, subject to the control of the court, personally or by his agent inspect any such books.

1091

188.-(i) Every liquidator other than the official Payments receiver of a company which is being wound up by of liquidator the court shall, in such manner and at such times into bank

or Treasury. as the official receiver directs, pay the money 19 & 20 Geo. received by him to the Companies Liquidation 5, c. 23, Account at the bank where such account is kept, s. 194. 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 cbtaining 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 ese 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 renumeration 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.

accounts.

189.-(1) Every liquidator (other than the official Audit of receiver) of a company which is being wound up by liquidator's the court shall, at such times as may be prescribed 19 & 20 Geo. but not less than twice in each year during his tenure 5, c. 23, of office, send to the official receiver, an account s. 195. 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 or summary by post to every creditor and contributory.

Control of

Official Receiver

over

liquidators. 19 & 20 Geo 5, c. 23, s. 196.

Release of

liquidators.

5, c. 23, s. 197.

1092

190.-(1) The official receiver shall take cogniz- ance of the conduct of liquidators of companies which are being wound up by the court, and, if a liquidator does not faithfully perform his duties and duly observe all the requirements imposed on him by statute, rules, or otherwise with respect to the performance of his duties, or if any complaint is made to the 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.

(5) The official receiver may also direct a local investigation to be made of the books and vouchers of the liquidator.

તૈ

191.--(1) When the liquidator of a company which is being wound up by the court has realised all the 19 & 20 Geo. property of the company, or so much thereof as can. in his opinion, be realised without needlessly 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, or person interested against the release of the liquidator, and shall either graut or withhold the release accordingly.

Meetings of creditors and contri- butories to determine whether

committee

of inspection

shall be appointed.

19 & 20 Geo. 5, c. 23,

s. 198.

(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.

(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 the 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.

192. (1) When a winding up order has been made. by the court, it shall be the business of the separate meetings of creditors and contributories summoned for the purpose of determining whether or not an application should be made to the court for appoint- ing a liquidator in place of the official receiver, to determine further whether or not an application is to be made to the court for the appointment of a committee of inspection to act with the liquidator and who are to be members of the committee if 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-

1093

tributories in respect of the matters aforesaid the court shall decide the difference and make such order thereon as the court may think fit.

committee

193.-(1) A committee of inspection appointed in Constitution pursuance of this Ordinance shall consist of creditors and pro- and contributories of the company or persons holding ceedings of general powers of attorney from creditors or con- of inspec- tributories in such proportions as may be agreed on tion. by the meetings of creditors and contributories, or 19 & 20 Geo. as, in case of difference, may be determined by the 5, c. 23,

court:

(2) The committee shall meet at such times as they from time to time appoint, and, failing such appointment, at least once a month, and the liquida- for 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 he 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.

s. 199.

194. Where in the case of a winding up there is Fowers of no committee of inspection, the court may, on the court application of the liquidator, do any act or thing or where no give any direction or permission which is by this committee of

　　　　　　　　　　　　　　　　　inspection. Ordinance authorised or required to be done or given 19 & 20 Geo. by the committee.

General Powers of Court in case of Winding-up by Court.

5, c. 23, s. 200.

Power to

195.-(1) The court may at any time after order for winding up, on the application either of stay wind- the liquidator, or the official receiver, or any creditor ing up. or contributory, and on proof to the satisfaction of 19 & 20 Geo. the court that all proceedings in relation to the 5, c. 23,

　　　　　　　　　　　　　　　　　　　s. 202. 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.

Settlement

of list of contribu- tories and application of assets.

19 & 20 Geo. 5, c. 23, $. 203.

Delivery of property to liquidator.

19 & 20 Geo. 5. c. 23 s. 204.

Payment of debts due

by contribu- tory to

company and extent to which

set off

allowed.

19 & 20 Geo. 5, c. 23,

s. 205.

Power of court to make calls. 19 & 20 Geo. 5, c. 23,

s. 206.

Payment into Bank

of moneys due to

1094

196.-(1) As soon as may

be after making a winding-up order, the court shall settle a list of con- tributories, with power to rectify the register of members in all cases where rectification is required in pursuance of this Ordinance, and shall cause the assets of the company to be collected, and applied in discharge of its liabilities:

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.

197. The court may, at any time after making a winding-up order, require any contributory for the time being on the list of contributories, and any trustce, receiver, banker, agent Or officer of the company to pay, deliver, convey, surrender, or transfer forthwith, or within such time as the court directs, to the liquidator any money, property, or books and papers in his hauds to which the com- pany is primâ fucie entitled.

198. (1) The court may, at any time after making a winding-up order, make an order on any contributory for the time being on the list of contributories to pay, in manner directed by the order, any money due from him or from the estate of the person whom he represents to the company, exclusive of any 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.

199.-(1) The court may, at any time after making a winding-up order, and either before or after it has ascertained the sufficiency of the assets of the com- pany, make calls on all or any of the contributories for the time being settled on the list of the con- 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.

200.-(1) The court may order any contributory, purchaser or other person from whom money is duc to the company to pay the amount due into the such bank as the court may direct to the account of the 19 & 20 Geo. liquidator instead of to the liquidator, and any such order may be enforced in the same manner as if it had directed payment to the liquidator.

company.

5. c. 23, s. 207,

1095

(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.

201.-(1) An order made by the court on a Order on contributory shall, subject to any right of appeal, be contributory conclusive evidence that the money, if any, thereby conclusive appearing to be due or ordered to be paid is due. 19 & 20 Geo.

(2) All other pertinent matters stated in the order shall be taken to be truly stated as against all persons and in all proceedings.

evidence.

5, c. 23,

s. 208.

manager.

202.-(1) Where in proceedings the official receiver Appoint- becomes the liquidator of a company, whether pro- ment of visionally or otherwise, he may, if satisfied that the special nature of the estate or business of the company, or 19 & 20 Geo. the interests of the creditors or contributories 5, c. 23, generally, require the appointment of it special s. 209. 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 re- muneration as may be fixed by the court.

203. The court may fix a time or times within Power to which creditors are to prove their debts or claims, or exclude to be excluded from the benefit of any distribution creditors

nade before those debts are proved.

not proving

in time. 19 & 20 Geo.

5, c. 23, 3. 210.

204. The court shall adjust the rights of the Adjustment contributories among themselves, and distribute any of rights surplus among the persons entitled thereto.

of contribu- tories.

19 & 20 Geo.

5, c. 23. s. 211.

205. The court may, at any time after making a Inspectiou winding-up order, make such order for inspection of of books the books and papers of the company by creditors and by creditors contributories as the court thinks just, and any books and papers in the possession of the company may be 19 & 20 Geo. inspected by creditors or contributories accordingly, 5, c. 23, but not further or otherwise.

and contri- batories.

s. 212.

206. The court may, in the event of the assets Power to being insufficient to satisfy the liabilities, make an order costs order as to the payment out of the assets of the of winding

　　　　　　　　　　　　　　　　　up to hu costs, charges, and expenses incurred in the winding paid out of up in such order of priority as the court thinks just. assets.

10 & 20 Geo. 5, c. 23, s. 213.

207.-(1) The court may, at any time after the Power to appointment of a provisional liquidator or the making summon of a winding-up order, summon before it any officer persons

suspected of the company or person known or suspected to of having have in his possession any property of the company property of or supposed to be indebted to the company, or any company. person whom the court deems capable of giving 19 & 20 Geo.

　　　　　　　　　　　　　　　　　5. c. 23, 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,

s. 214.

Power to

examination of pro-

moters, directors, &c.

19 & 20 Geo. 5, c. 23, s. 216.

1096

(3) The court may 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 lien, 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.

208.-(1) Where an order has been made for order public winding up a company by the court, and the official receiver has made a further report under this Ordin- ance stating that in his opinion a fraud has been committed by any person in the promotion or forma- tion of the company, or by any director or other officer of the company in relation to the company 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 the conduct of the business of the company, or as to his conduct and dealings as director or officer thereof.

(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 on 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 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.

1097

　　　　　　　　　　　　　　　　　　　managing been committed by a person in the promotion or companies. formation of the company, or by any director or 19 & 20 Geo. other officer of the company in relation to the com- 5, c. 23,

pany since its formation, the court may, on the $. 217.

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 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.

(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 Power to making a winding-up order, on proof of probable arrest cause for believing that a contributory is about to absconding

　　　　　　　　　　　　　　　　　　　contributory. quit the Colony, or otherwise to abscond, or to

　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. remove or conceal any of his property for the purpose 5, c. 23, of evading payment of calls, or of avoiding examina- s. 218. 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 him and them to be safely kept until such time as the court may order.

211. Any powers by this Ordinance conferred on Powers of the court shall be in addition to and not in restriction court of any existing powers of instituting proceedings cumulative.

19 & 20 Geo. against any contributory or debtor of the company, 5, c. 23, or the estate of any contributory or debtor, for the recovery of any call or other sums.

s. 219.

212. Provision may be made by general rules for Delegation enabling or requiring all or any of the powers and to liquidator duties conferred and imposed on the court by this of certain Ordinance in respect of the following matters- powers of

court.

5, c. 23,

(1) the holding and conducting of meetings to 19 & 20 Gea

ascertain the wishes of creditors and con- §. 220. 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;

Dissolution

of company.

19 & 20 Gec. 5, c. 23, s. 221.

Circum- stances in which com-

pany may be wound up volun-

tarily.

19 & 20 Geo. 5, c. 23,

s. 225.

Notice of resolution

to wind up voluntarily. 19 & 20 Geo. 5, c. 23, S. 226.

Commence- ment of voluntary winding up. 19 & 20 Geo. 5, c. 23,

1098

(3) the paying, delivery, conveyance, surrender or 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 control 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 withc 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 been completely wound up, the court shall make an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly.

(2) The order shall within fourteen days from the date thereof be reported by the liquidator 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 UP.

Resolutions for, and commencement of Voluntary Winding Up.

214.-(1) A company may be wound up volun- tarily

(a) When the period, if any, for the duration of the company by the articles expires, or the event, if any, occurs, on the occurrence of which the articles provide that the com- pany is to be dissolved, and the company in general meeting has passed a resolution requiring the company to 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" means a resolution passed under any of the provisions of subsection (1) of this section.

　　　　　　　　　　　　　　　　　in (and, in the case of China company, newspaper circulating in the place where such com- pany has its registered office).

some

(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.

$. 227.

1099

Consequences of Voluntary Winding Up.

217. In case of a voluntary winding up, the con- Effect of pany shall, from the commencement of the winding voluntary

winding up up, cease to carry on its business, except so far as

　　　　on business the beneficial winding up and status may be required for 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.

of company. 19 & 20 Geo. 5, c. 23, s. 228.

218. Any transfer of shares, not being a transfer A voidance made to or with the sanction of the liquidator, and of transfers,

alteration in the status of the members of the &c., after

after the commencement of a company, made voluntary winding up, shall be void.

any

Declaration of Solvency.

commence- ment of voluntary winding up. 19 & 20 Geo.

5. c. 23, 8. 229.

or, declaration two of solvency

in case of proposal to on

wind up which the voluntarily.

219.-(1) Where it is proposed to wind up a com- Statutory pany voluntarily, the directors of the company in the case of a company having more than directors, the majority of the directors may, at meeting of the directors held before the date which the notices of the meeting at resolution for the winding up of the company is to 19 & 20 Geo. be proposed are sent out, make a statutory declara- 5, c. 23, tion to the effe 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 made and delivered as aforesaid is in this Ordinance referred to as "a creditors' voluntary winding up."

Provisions applicable to a Members' Voluntary

Winding Up.

s. 230.

220. The provisions contained in the five sections Provisions of this Ordinance next following shall apply in applicable to relation to a members' voluntary winding up.

a members' winding up 19 & 20 Geo. 5. c. 23, s. 231.

221.-(1) The company in general meeting shall Power of appoint one or more liquidators for the purpose of company to winding up the affairs and distributing the assets of appoint and the company, and may fix the remuneration to paid to him or them.

fix re- muneration of liquidators. 19 & 20 Geo.

s. 232.

(2) On the appointment of a liquidator all the 5. c. 23, 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 Power to tion, or otherwise in the office of liquidator appointed fill vacancy by the company, the company in general meeting in office of may, subject to any arrangement with its creditors, liquidators. fill the vacancy.

(2) For that purpose a general meeting may convened by any contributory or, if there were more liquidators than one, by the continuing liquidators.

19 & 20 Geo 5, c. 23. s. 233.

Power of liquidator to accept shares, &c

as con-

sideration for sale of property of company.

19 & 20 Geo. 5, c. 23, s. 234.

8 & 9 Vict. c. 16.

1100

(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.

223. (1) Where a company is proposed to be, or is in course of being, wound up altogether voluntarily, and the whole or part of its business or property is proposed to be transferred or sold to another com- pany, whether a company within the meaning of this Ordinance or not (in this section called "the trans- feree company") the liquidator of the first-mentioned company (in this section called "the transferor com- pany') may, with the sanction of a special resolution 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 of 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 special resolution xpresses 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 nember'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 an 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 Consolidation Act, 1845, with respect to the settle- 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.

1101

to call

224.-(1) In the event of the winding up con- Duty of tinuing for more than one year, the liquidator shall liquidator summon a general meeting of the company at the general end of the first year from the commencement of the

meeting at winding up, and of each succeeding year, or as soon end of thereafter as may be convenient, and shali lay before each year. the meeting an account of his acts and dealings and 19 & 20 Geo.

5, c. 23, of the conduct of the winding up during the preceding s. 235. year.

(2) If the liquidator fails to comply with this section, he shall be liable to a fine not exceeding one hundred dollars.

dissolution.

225.-(1) As soon as the affairs of the company Final meet- are fully wound up, the liquidator shall make up an ing and account of the winding up, showing how the winding 19 & 20 Geo. up has been conducted and the property of the com- 5, c. 23, pany has been disposed of, and thereupon shall call s. 236. a 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 a 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 Provisions of this Ordinance next following shall apply in relation applicable to a creditors' voluntary winding up.

to a creditors'

winding up. 19 & 20 Geo.

5, c. 23,

s. 237.

Meeting of creditors.

5, c. 23, s. 238.

1102

227.-(1) The company shall cause a meeting of the creditors of the company to be summoned for the 19 & 20 Geo. day, or the day next following the day, on which there is to be held the meeting at which the resolu- 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.

Appoint- ment of liquidator. 19 & 20 Geo. 5, c. 23,

s. 239.

(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 respective meetings mentioned in the last foregoing section of this Ordinance may nominate a person to be liquidator for the purpose of winding up the affairs and distributing the assets of the company, and if 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.

1103

ment of committee

229.-(1) The creditors at the meeting to be held Appoint- in pursuance of section two hundred and twenty-seven of this Ordinance or at any subsequent meeting, may, of inspection. if they think fit, appoint a committee of inspection 19 & 20 Geo. consisting of not more than five persons, and if such 5, c. 23, a committee is appointed the company may, either s. 240. 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 Fixing of is no such committee, the creditors, may fix the liquidators" remuneration to be paid to the liquidator or liquida-

tors.

remunera-

cesser of directors

19 & 20 Geo. 5. c. 23.

(2) On the appointment of a liquidator, all the powers. powers of the directors shall cease, except so far as the committee of inspection, or if there is no such s. 241. committee. the creditors, sanction the continuance thereof.

231. If a vacancy occurs, by death, resignation or Power to

fill vacancy otherwise, in the office of a liquidator, other than a

　　　　　　　　　　　　　　　　　　　　　in office of liquidator appointed by, or by the direction of, the

liquidator. court, the creditors may fill the vacancy.

19 & 20 Geo. 5, c. 23, s. 242. Application of s. 223 to

232. The provisions of section two hundred and twenty-three of this Ordinance shall apply in the case of a creditors' voluntary winding up as in the a creditors' case of a members' voluntary winding up, with the voluntary modification that the powers of the liquidator under 19 & 20 Geo. the said section shall not be exercised except with 5, c. 23, the sanction either of the court or of the committee s. 243. of inspection.

winding up.

233.--(1) In the event of the winding up continuing Duty of for more than one year, the liquidator shall summon liquidator

　　　　　　　　　　　　　　　　　　　　　to call a general meeting of the company and a meeting of meetings creditors at the end of the first year from the com- of company mencement of the winding up, and of each succeeding and of year, or as soon thereafter as may be convenient, and creditors

　　　　　　　　　　　　　　　　　　　　　at end of shall lay before the meetings an account of his acts

　　　　　　　　　　　　　　　　　　　　　each year and dealings and of the conduct of the winding up 19 & 20 Geo. during the preceding year.

5, c. 23, s. 244

(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 Final are fully wound up, the liquidator shall make up an meeting and account of the winding up, showing how the winding dissolution. up has been conducted and the property of the 19 & 20 Geo.

5, c. 23. company has been disposed of, and thereupon shall

s. 245.

Provisions applicable

to every

voluntary winding up. 19 & 20 Geo. 5, c. 23, s. 246.

Distribution of property of company. 19 & 20 Gen. 5, c. 23,

s. 247.

Towers and duties of liquidator in voluntary winding up. 19 & 20 Geo. 5, c. 23, s. 248.

1101

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 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 of this Ordinance next following shall apply to every voluntary winding up whether a members' or a creditors' winding up.

236. Subject to the provisions of this Ordinance as to preferential payments, the property of a company shall, on its winding up, be applied in satisfaction of its liabilities pari passu, and, subject to such applica- tion, shall, unless the articles otherwise provide, be 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 up, with the sanction of an extraordinary resolution of the company, and, in the case of a creditors' voluntary winding up, with the sanction of either the court or the com- mittee of inspection, exercise any of the powers given by paragraphs (d), (e) and (f) of subsection (1) of section one hundred and eighty-five of this Ordinance to a liquidator in a winding up by the court :

1105

(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 primá 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 Power of liquidator acting, the court may appoint a liquidator. court to

(2) The court may, on cause shown, reinove liquidator and appoint another liquidator

appoint and

remove

a liquidator

in voluntary winding up. 19 & 20 Geo. 5, c. 23, s. 249.

239.-(1) The liquidator shall, within five weeks Notice by after his appointment, deliver to the registrar of liquidator companies for registration a notice of his appointment of his in the form prescribed.

appoint- ment.

19 & 20 Geo

(2) If the liquidator fails to comply with the require- 5, c. 23, ments of this section he shall be liable to a fine not s. 250. exceeding fifty dollars for every day during which the default continues.

creditors.

240.-(1) Any arrangement entered into between Arrange- a company about to be, or in the course of being, ment when wound up and its creditors shall, subject to the right binding on of appeal under this section, be binding on the com- 19 & 20 Geo. pany if sanctioned by an extraordinary resolution, and 5, c. 23, on the creditors if acceded to by three-fourths in s. 251. 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.

cr Power to

court to have ques-

241.-(1) The liquidator or any contributory creditor may apply to the court to determine any apply to question arising in the winding up of a company, or to exercise, as respects the enforcing of calls, or any tions deter other matter, all or any of the powers which the mined or court might exercise if the company were being wound powers up by the court.

(2) The court, if satisfied that the deterinination 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 on the thinks fit, or may make such other order application as it thinks just.

exercised. 19 & 20 Geo 5, c. 23, s. 252.

242. All costs, charges, and expenses properly Costs of

voluntary incurred in the winding up, including the remunera- tion of the liquidator, shall be payable out of the winding up. assets of the company in priority to all other claims.

19 & 20 Geo.

5, c. 23 s. 254

Saving for

rights of crediters

and con- tributories.

19 & 20 Geo. 5, c. 23, s. 255.

Power to order wind

ing up subject to supervision 19 & 20 Geo

, c. 23. 256.

Effect of

petition for winding up subject to supervision.

19 & 20 Geo.

5, c. 23, s. 257.

Application of ss. 168

and 169 to winding up subject to supervision. 19 & 20 Geo. 5, c. 23, $ 258.

Power of court to appoint or

remove

liquidators 19 & 20 Ga. 5, c. 23, s. 259.

Effect of supervision

order.

1106

243. The winding up of a company shall not bar the right of any creditor or contributory to have it wound up by the court, but in the case of an applica- tion by a contributory, the court must be satisfied that the rights of the contributories will be prejudiced by a voluntary winding up.

(IV) WINDING UP SUBJECT TO SUPERVISION OF COURT.

244. When a company has passed a resolution for voluntary winding up, the court may make an order that the voluntary winding up shall continue but subject to such supervision of the court, and with such liberty for creditors, contributories, or others 10 apply to the court. and generally on such terms and conditions, as the court thinks just.

245. A petition for the continuance of a voluntary winding up subject to the supervision of the court shall, for the purpose of giving jurisdiction to the court over actions, be deemed to be a petition for winding up by the court.

246. A winding up subject to the supervision of the court shall, for the purposes of sections one hundred and sixty-eight and one hundred and sixty- nine of this Ordinance, be deemed to he a winding up by the court.

247.-(1) Where an order is made for a winding up subject to supervision, the court may by that or any subsequent order appoint an additional liquidator.

(2) A liquidator appointed by the court under this section shall have the same powers, be subject to the same obligations, and in all respects stand in the 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.

248. (1) Where an order is made for a winding up subject to supervision, the liquidator inay, subject to any restrictions imposed by the court, exercise all 19 & 20 Geo. his powers, without the sanction or intervention of the court, in the same manner as if the company were being wound up altogether voluntarily:

5, c. 23,

s. 260.

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.

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 those sections is excluded in a voluntary winding up by general rules.

* 1

(V)

1107

PROVISIONS APPLICABLE TO EVERY MODE OF

WINDING UP.

Proof and Ranking of Claims.

tions to be

249. In every winding up (subject in the case of Depts of insolvent companies to the application in accordance all descrip- with the provisions of this Ordinance of the law of proved. bankruptcy) all debts payable on a contingency, and 19 & 20 Geo. all claims against the company, present or future, 5, c. 23, certain or contingent, ascertained or sounding only s. 261. 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 Application registered in the Colony the same rules shall prevail of bank- and be observed with regard to the respective rights

ruptcy rules in winding of secured and unsecured creditors and to debts

　　　　　　　　　　　　　　　　　　up of in- provable and to the valuation of annuities and future solvent com- and contingent liabilities as are in force for the time panies.

　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. being under the law of bankruptcy in the Colony

　　　　　　　　　　　　　　　　　　5, c. 23, with respect to the estates of persons adjudged s. 262. bankrupt, and all persons who in any such case 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.

251.-(1) In a winding up there shall be paid in Preferential priority to all other debts-

payments. 19 & 20 Geo.

(a) All local rates due from the company at the 5, c. 23,

relevant date, and having become due and s. 264. payable within twelve months next before 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.

Fraudulent preference. 19 & 20 Geo. 5, c. 23, s. 265.

Effect of floating charge.

19 & 20 Geo.

5, c. 23, s. 266.

Disclaimer of onerous property in case of

company

wound up. 19 & 20 Geo. 5, c. 23,

s. 267.

1108

(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, and in the case of the debts to which priority is given by paragraph (c) of subsection (1) of this section formal proof thereof shall not be required except in so far as is otherwise provided by general rules.

(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.

252.-(1) Any conveyance, mortgage, delivery of goods, payment, execution, or other act relating to property which would, if made or done by or against an individual, be deemed in his bankruptcy a 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 deemed 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.

253. Where a company is being wound up, a floating charge on the undertaking or property of the company created within six months of the commence- ment of the winding up shall, unless it is proved that the company immediately after the creation of the 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 company which is being wound up consists of land of any tenure burdened with onerous covenants, of shares or stock in companies, of unprofitable con- tracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the possessor thereof to the performance of any onerous 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

1109

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

Restriction of rights of creditor as to execution or attach- ment in case of

company being wound

up.

19 & 20 Geo.

5, c. 23, s. 268.

Ordinance No. 3 of 1901, ss. 401 and 406.

Duties of

bailiff as to goods taken in

1110

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 against the goods or lands of a company

or has attached any debt due to the company, and the com- pany is subsequently wound up, he shall not be entitled to retain the benefit of the execution or attachment against the liquidator in the winding up of the company unless he has completed the execu- tion or attachment before the commencement of the winding up:

Provided that-

(a) where any creditor has had notice of a meet- ing having been called at which a resolution for voluntary winding-up is to be proposed, the date on which the creditor so had notice 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.

256.-(1) Where any goods of a company are taken in execution, and, before the sale thereof or the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the 19 & 20 Geo. bailiff that a provisional liquidator has been appointed or that a winding-up order has been made or that a resolution for voluntary winding up has been passed,

execution.

5, c. 23, s. 269.

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.

in liquida- vision of the court or voluntarily, or is subsequently 19 & 20 Geo. ordered to be wound up by the court or subsequently 5, c. 23, 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 any state- 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

s. 271.

1112

(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

() 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 relating to the property or affairs. of the company; or

(1) after the commencement of the winding up or at any meeting 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 in) 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

() 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 misdemeanour and shall, in the case of the offences mentioned respectively in paragraphs (m), (n) and (0) 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 not 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 દી charge under any of paragraphs (a), (b), (c), (d), (f). (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.

1113

(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.

of books. 19 & 20 Geo.

258. If any director, manager or other officer, or Penalty for contributory of any company being wound up destroys, falsification mutilates, alters, or falsifies any books, papers, or securities, or makes or is privy to the making of any 5, c. 23, false or fraudulent entry in any register, book of s. 272. 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.

officers of

259. If any person, being at the time of the Frauds by commission of the alleged offence a director, manager companies or other officer of a company which is subsequently which have ordered to be wound up by the court or subsequently gone into passes a resolution for voluntary winding. up- liquidation.

19 & 20 Geo.

(a) has by false pretences or by means of any 5, c. 23.

other fraud induced any person to give credit s. 273. 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 execution against, the property of the company; (e) 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.

where

proper

260.--(1) If where a company is wound up it is Liability shown that proper books of account were not kept by the company throughout the period of two years accounts immediately preceding the commencement of the not kept. winding up, every director, manager or other officer 19 & 20 Geo.

5, c. 23, of the company who was knowingly a party to connived at the default of the company shall, unless s. 274. he shows that he acted honestly cr that in the circumstances in which the business of the company was carried on the default was excusable, be liable on conviction on indictment to imprisonment for a term not exceeding one year, or on summary con- viction to imprisonment for a term not exceeding six months.

(2) For the purposes of this section, proper books 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

of directors for

fraudulent trading. 19 & 20 Geo. 5, c. 23, s. 275.

1114

trade or business has involved dealings in goous, statements of the annual stocktakings and (except in the case of goods sold by way of ordinary 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.

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.

(2) Where the court makes any such declaration, it may give such further directions as it thinks 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 the 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 matter. 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 has 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 shail 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 he, 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

1115

by which the declaration was made or the court 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 criminally 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 Ordinance within the meaning of paragraph (g) of subsection (1) No. 10 of of section three of the Bankruptcy Ordinance. 1931. 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.

assess

262.--(1) If in the course of winding up a com- Power of pany it appears that any person who has taken court to part in the formation or promotion of the company, rlamages or any past or present director, manager, or liquida- against tor, or any officer of the company, has misapplied or delinquent retained or become liable or accountable for any directors, money or property of the company, or been guilty of &c. any misfeasance or breach of trust in relation to the 19 & 20 Geo..

　　　　　　　　　　　　　　　　　　5, c. 23, company, the court may, on the application of the s. 276. official receiver, or of the liquidator, ΟΥ 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 notwithstanding that the offence is one for which the offender may be criminally liable.

(3) 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) 10 of of section three of the Bankruptcy Ordinance, 1931. 1931.

Ordinance

No.

members of company.

263.-(1) If it appears to the court in the course Frosecution of a winding up by, or subject to the supervision of, of delinquen the court that any past or present director, manager officers and or other officer, or any member, of the company has been guilty of any offence in relation to the company 19 & 20 Geo. for which he is criminally liable, the court may, 5, c. 23. either on the application of any person interested in s. 277. 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

1116

―

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 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.

(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 the 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.

(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 the 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 or 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.

1117

Supplementary Provisions as to Winding up.

264.-(1) A body corporate shall not be qualified Disqualifica- for appointment as liquidator of a company, whether tion for in a winding up by or under the supervision of the appoint-

in a voluntary winding up, and any liquidator. appointment made in contravention cf this provision 19 & 20 Geo. shall be void.

5, c. 23,

court

(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.

ment as

s. 278.

to make

265.-(1) If any liquidator, who has made any Enforce- default in filing, delivering or making any return, ment of account or other document, or in giving any notice duty of which he is by law required to file, deliver, make or liquidator give fails to make good the default within fourteen returns, &c. days after the service on him of a notice requiring 19 & 20 Geo. him to do so, the court may, on an application made 5. c. 23, 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.

s. 279.

that a com-

266.-(1) Where a company is being wound up, Notification whether by or under the supervision of the court or voluntarily, every invoice, order for goods or business pany is in letter issued by or on behalf of the company or a 19 & 20 Geo.

liquidation. liquidator of the company, or a receiver or manager 5, c. 23, of the property of the company, being a document s. 280. 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 Exemption a company registered in the Colony, or of a creditors' of certain

　　　　　　　　　　　　　　　　　　　　　　documents voluntary winding up of such a company-

from stamp

winding up

(a) every assurance relating solely to freehold or duty on

leasehold property, or to any mortgage, charge of companies or other encumbrance on, or any estate, right 19 & 20 Geo. or interest in, any real or personal property, 5, c. 23, which forms part of the assets of the com- s. 281. 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.

་

Books of

company to be evidence. 19 & 20 Geo. 5, c. 23, s. 282.

Disposal

of books

and papers of company.

19 & 20 Geo. 5, c. 23,

s. 283.

Informa- tion as to pending liquidations.

19 & 20 Geo. 5, c. 23, s. 284.

Unclaimed assets to

be paid to Companies Liquidation Account.

19 & 20 Geo. 5, c. 23, s. 285.

1118

268. Where a company is being wound up, all books and papers of the company and of the liquida- tors shall, as between the contributories of the company, be primâ facie evidence of the truth of all matters purporting to be therein recorded.

269.--(1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say:

(a) In the case of a winding up by, or subject. 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 as the committee of inspection or, if there is no such committee, as the creditors of the company, may direct.

way

(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 the winding up is not concluded within one year after its commencement, the liquidator shall, at such intervals as may be prescribed, until the winding up is concluded, send to the registrar of companies a statement in the prescribed form and containing the 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 thereof 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 the guilty of a contempt of court, and shall, on application of the liquidator or of the official receiver, be punishable accordingly.

271.-(1) If, where a company is being wound up it appears either from any statement sent to the registrar under the last foregoing section or other- wise that a liquidator has in his hands or under his control any money representing unclaimed or undis- tributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith

1119

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 Ordinance by the like authority, as are exerciseable under No. 10 of section one hundred and thirty of the Bankruptcy 1931. 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 commencerent of this Resolutions Ordinance a resolution is passed at an adjourned passed at

　　　　　　　　　　　　　　　　adjourned meeting of any creditors or contributories of a com meetings of pany, the resolution shall, for all purposes, be treated creditors as having been passed on the date on which it was and contri- in fact passed, and shall not be deemed to have been butories. passed on any earlier date.

Supplementary Powers of Court.

19 & 20 Geo. 5, c. 23, s. 287.

273.-(1) The court may, as to all matters relating Meetings to the winding up of a company, have regard to the to ascertain wishes of the creditors or contributories of the com-

wishes of creditors or

pany, as proved to it by any sufficient evidence, and contribu- may, if it thinks fit, for the purpose of ascertaining tories. 'those wishes, direct meetings of the creditors or 19 & 20 Geo. contributories to be called, held, and conducted in 5, c. 23,

　　　　　　　　　　　　　　　　　　s. 288. 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.

signature

274. In all proceedings under this Part of this Judicial Ordinance, all courts, judges, and persons judicially notice of acting, and all officers, judicial or ministerial, of any of officers. court, or employed in enforcing the process of any 19 & 20 Geo. court, shall take judicial notice of the signature of 5, c. 23, any officer of the Supreme Court, and also of the s. 289. 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.

dominions.

275.--(1) Any affidavit required to be sworn under Affidavits, the provisions or for the purposes of this Part of this &c. in Ordinance may be sworn in the Colony, or elsewhere Colony and within the dominions of His Majesty, before any 19 & 20 Geo. court, judge, or person lawfully authorised to take 5, c. 23, and receive affidavits (or, within the limits of the s. 293. 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.

Power of court to declare dissolution

of company void.

19 & 20 Geo. 5, c. 23, s. 294.

Registrar may strike defunct

company off register. 19 & 20 Geo. 5, c. 23, s. 295.

1120

(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, consul attached, appended, or subscribed such affidavit, or to any other document to be used for the purposes of this Part of this Ordinance.

Provisions as to Dissolution.

or vice-

any

276. (1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have 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.

277.-(1) Where the registrar of companies has reasonable cause to believe that a company is not carrying on business or in operation, he may send to 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:

1121

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 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 a 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 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.

to be bond

278. Where a company is dissolved, all property Property of and rights whatsoever vested in or held on trust for dissolved the company immediately before its dissolution (in- company cluding leasehold property but not including property vacantia. held by the company on trust for any other person) 19 & 20 Geo. shall, subject and without prejudice to any order 5, c. 23, which may at any time be made by the court under s. 296. 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.

23,

279.-(1) An account, to be called the Companies Companies

Liquidation Liquidation Account, shall be kept by the official Account. receiver with the Colonial Treasurer or at such bank 19 & 20 Geo. as the Governor (or, in the case of a China company, 5, c. as the judge of the Supreme Court for China) may s 300. 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 Investment the credit of the Companies Liquidation Account is in of surplus

funds on

excess of the amount which in the opinion of the general official receiver is required for the time being to account. answer demands in respect of companies' estates, 19 & 20 Geo. he shall notify the excess to the Treasurer, and shall 5, c. 23. pay over the whole or any part of that excess, as

s. 301. the Treasurer may require, to the Treasurer, to such

Separate accounts of particular estates.

19 & 20 Geo 5, c. 23,

s. 302.

General

rules and fees.

19 & 20 Geo. 5, c. 23, s. 305.

Disquali fication for appoint-

ment as receiver.

19 & 20 Geo. 5, c. 23, s. 306.

Power to appoint

official

receiver as

receiver for

debenture

holders or creditors.

19 & 20 Geo.

5, c. 23,

s. 307.

1122

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 required, and the Treasury 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 receiver of the receipts and payments in the winding up of each company, and, when the cash balance standing to the credit of the account of any company is in excess of the amount which, in the opinion of the committee of inspection, is required for the time 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- currence of the Legislative Council make general rules for carrying into effect the objects of this Ordinance so far as relates to the winding up of 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:

Receivers and Managers.

283.-(1) A body corporate shall not be qualified 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.

284. Where an application is made to the court to appoint a receiver on behalf of the debenture holders or other creditors of a company which is being wound up by the court, the official receiver may be SO appointed.

1123

285.--(1) Where a receiver or manager of the Notification property of a company has been appointed, every that receiver invoice, order for goods or business letter issued by or manager

　　　　　　　　　　　　　　　　appointed. or on behalf of the company or the receiver or manager 19 & 20 Geo. or the liquidator of the company, being a document 5. c. 23, on or in which the name of the company appears, s. 308. shall contain a statement that a receiver or manager has been appointed.

(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 ΟΥ manager. who knowingly and wilfully authorises or permits the default. shall be liable to a fine of two hundred dollars.

remunera-

286. The court may, on an application made to the Power of court by the liquidator of a company, by order fix the court to fix amount to be paid by way of remuneration to any tion on ap- person who, under the powers contained in any instru- plication of ment, has been appointed as receiver or manager of liquidator. the property of the company, and may from time to 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　5, c. 23, time, on an application made either by the liquidator

　　　　　　　　　　　　　　　　　　　　　s. 309. or by the receiver or manager, vary or amend any order so made.

receivers

s. 310.

287.--(1) Every receiver or manager of the pro- Delivery to perty of a company who has been appointed under registrar of the powers contained in any instrument shall, within accounts of one month, or such longer period as the registrar of and companies may allow, after the expiration of the managers. period of six months from the date of his appoint. 19 & 20 Geo. ment and of every subsequent period of six months, 5, c. 23, 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 of the period to which the last preceding abstrac 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 shail be liable to a fine not exceeding fifty dollars for every day during which the default continues.

288.-(1) If

receiver

(a) any receiver of the property of a company. Enforce who has made default in filing, delivering or ment of making any return, account or other document duty of or in giving any notice, which a receiver is to make by law required to file, deliver, make or give, returns, &e fails to make good the default within fourteen 19 & 20 Geo days after the service on him of a notice 5, c. 23. 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

s. 311

1124

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) of that subsection the application shall be made by the liquidator.

(3) Nothing in this section shall be taken 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.

offices and

PART VII.

GENERAL PROVISIONS. AS TO REGISTRATION,

Registration 289.-(1) For the purposes of the registration of companies under this Ordinance, there shall be an appointment office or offices at such place or places as the Governer

directs.

of Officers

for purposes of this

Ordinance.

19 & 20 Geo. 5, c. 23,

3. 312.

Yees.

19 & 20 Geo. 5, c. 23, 3. 313.

Inspection, production

(2) The Governor may appoint such registrars, deputy and assistant registrars, clerks, and servants as he may think necessary for the purposes of 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 respect of the several matters mentioned in the Table set out in the Ninth Schedule to this Ordinance the several fees therein specified.

(2) All fees paid to the registrar in pursuance of this Ordinance shall be paid into the Treasury.

291.-(1) Any person may inspect the documents. kept by the registrar of companies on payment of such and evidence fees

of docu. ments kept

by registrar. 19 & 20 Geo. 5, c. 23, s. 314.

as may be appointed by the Governor not. exceeding one dollar for each inspection, and any person may require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document, to be certified by the registrar, on payment for the certi- ficate, certified copy or extract, of such fees as the Governor may appoint, 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 f any document kept by the registrar shall issue from any court except with the leave of that court, and any such process if issued shall bear thereon a state- ment that it is issued with the leave of the court.

1125

(3) A copy of or extract from any document kept and registered at the office for the registration f 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.

duty of

to make

292. (1) If a company, having made default in Enforce- complying with any provision of this Ordinance which ment of requires it to

to file with, deliver or send to the registrar of companies any return, account or other company document, or to give notice to him of any matter, returns to fails to make good the default within fourteen days registrar. after the service of a notice on the company requiring 19 & 20 Geo. it to do so, the court may, on an application made to

5, c. 23, s. 315. 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.

PART VIII.

APPLICATION OF ACT TO COMPANIES FORMED OR

REGISTERED UNDER FORMER ACTS.

293. In the application of this Ordinance to Application existing companies, it shall apply in the same of Order to

companies formed

manner-

Ordinance

(1) in the case of a limited company, other than under

a company limited by guarantee, as if the former company had been formed and registered Companies under this Ordinance as a company limited 19 & 20 Geo. by shares;

5, c. 23, s. 316

(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:

1865.

Provided that reference, express or implied, to the Ordinance date of registration shall be construed as a reference No. 1 of to the date at which the company was registered Ordinance under the Companies Ordinance, 1865, or the Com- No. 58 of panies Ordinance, 1911, as the case may be.

1911.

294. This Ordinance shall apply to every company Application registered but not formed under the Companies Ordin of Order to ance, 1865, or the Companies Ordinance, 1911, in the companies same manner as it is in Part IX of this Ordinance registered declared to apply to companies registered but not former formed under this Ordinance.

under

Companies Ordinance.

19 & 20 Geo.

Provided that reference, express or implied, to the 5, c. 23, date of registration shall be construed as a reference 3. 317. to the date at which the company was registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911, as the case may be.

Application of Order to companies

1126

295. This Ordinance shall apply to every unlimited company registered as a limited company in pursuance re-registered of section fifty-eight of the Companies Ordinance, 1911. in the same manner as it applies to an un. limited company registered in pursuance of this Ordinance as a limited company :

under former

Companies Ordinance.

Ordinance

No. 58 of 1911.

Provided that reference, express or implied, to the date of registration shall be construed as a reference 19 & 20 Geo. to the date at which the company was registered as a limited company under the said section of the Companies Ordinance, 1911.

5, c. 23,

s. 318.

Companies capable of being

registered.

19 & 20 Geo. 5, c. 23.

s 321.

PART IX.

COMPANIES NOT FORMED UNDER THIS ORDINANCE AUTHORISED TO REGISTER UNDER THIS ORDINANCE.

296-(1) With the exceptions and subject to the provisions contained in this section, any company formed whether before or after the commencement of this Ordinance. in pursuance of any Ordinance other than this Ordinance, or of letters patent. or being otherwise duly constituted according to law, and consisting of seven or more members, may at any time register under this Ordinance as an 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---

A company registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911. shall not register in pursuance of this section:

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 in pursuance of this section as î company limited by shares :

(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 in 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 OF by proxy at the meeting:

(vii) Where a company is about to register as a company limited by guarantee, the assent tu 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

1127

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.

19 & 20 Geo.

s. 322.

297. For the purposes of this Part of this Ordin- Definition of ance, as far as relates to registration of companies as joint stock companies limited by shares, a joint stock company company. means a company having a permanent paid-up or 5, c. 23, 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 company limited by shares.

298. Before the registration in pursuance of this Require- Part of this Ordinance of a joint stock company. there shall be delivered to the registrar the following registration

ments for

by joint stock

19 & 20 Geo. 5. c. 23. s. 323.

documents:-

(1) A list showing the names, addresses, and companies.

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 ar 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 other instrument constituting or regulating the company; and

(3) If the company is intended to be registered ne 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 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 ments for

Require joint stock company, there shall be delivered to the registration registrar-

by other (1) A list showing

than joint the names, addresses, and stock occupations of the directors or other managers companies. (if any) of the company; and

　　　　　　　　　　　　19 & 20 Geo. (2) A copy of any Ordinance, Act of Parliament, s. 324.

5. c. 23, 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.

Authentica- tion of statements

of existing companies. 19 & 20 Geo.

5, c. 23. s. 325.

Registrar may require

evidence as to nature of company. 19 & 20 Geo. 5,.. 23, s. 326.

Exemption of certain companies from pay-

ment of fees, 19 & 20 Geo. 5, c. 23,

s. 327.

Addition

of "limited"

to name

19 & 20 Geo. 5, c. 23 S. 328.

Certificate

of registra tion of existing companies. 19 & 20 Geo.

5, c. 23,

s. 329.

Vesting of property on

registration. 19 & 20 Geo. 5, c.23,

s.330.

Saving for existing liabilities.

19 & 20 Geo. 5. c. 23, s. 331.

Continuation

of existing actions.

19 & 20 Geo.

5, c. 23.

༢. 332.

Effect of registration under Ordinance.

19 & 20 Geo. 5. c. 23,

s. 333.

1128

300 The lists of members and directors and any other particulars relating to the company required to 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.

301. The registrar may require such evidence as he 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.

302. No fees shall be charged in respect of the registration in pursuance of this Part of this Ordinance of a company if it is not registered as a limited company, or if before its registration as a limited com- pany the liability of the shareholders was limited by some other Ordinance or Act of Parliament or by letters patent.

303. When a company registers in pursuance of this Part of this Ordinance with limited liability, the word "limited" shall form, and be registered as, part of its name and any Chinese equivalent of its name which the company may use shall contain the Chinese characters. 有限公司

304. On compliance with the requirements of this Part of this Ordinance with respect to registration, and on payment of such fees, if any, as are payable under the Ninth Schedule to this Ordinance, the registrar shall certify under his hand that the com- pany applying for registration is incorporated as a company under this Ordinance, and in the case of a limited company that it is limited, and thereupon the company shall be so incorporated.

305. All property, real and personal (including things in action), belonging to or vested in a company at the date of its registration in pursuance of this Part of this Ordinance, shall on registration pass to and vest in the company as incorporated under this Ordia- ance for all the estate and interest of the company therein.

306. Registration of a company in pursuance of this Part of this Ordinance shall not affect the 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 registration.

307. All actions and other legal proceedings which at the time of the registration of a company in pursuance of this Part of this Ordinance are pending by or against the company, or the public officer or any member thereof, may be continued in the same 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.

308.-(1) When a company is registered in pur- suance of this Part of this Ordinance the following provisions of this section shall have effect.

(2) All provisions contained in any Ordinance, Act of Parliament or other instrument constituting 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,

1129

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

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;

(f) 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 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.

(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.

Power to substitute

memoran-

dum and articles for deed of settlement. 19 & 20 Geo. 5, c. 23.

s. 334.

Power of

court to stay or restrain

proceedings. 19 & 20 Geo. 5, c. 23. s. 335.

Actions stayed on winding-up

order

19 & 20 Geo. 5 c. 23,

s. 336.

1130

(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 trom 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, a company registered in pursuance of this Part of this Ordinance may by special resolution alter the form of its constitution by substituting a memorandum and articles for a deed of settlement.

(2) The provisions of this Ordinance with respect to confirmation by the court and registration of an 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,

310. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of a company registered in pursuance of this Part of this Ordinance, where the application to stay or restrain is by a credi- for, extend to actions and proceedings against any contributory of the company.

311. Where an order has been made for winding up a company registered in pursuance of this Part of this Ordinance, no action or proceeding shall be com- menced or proceeded with against the company or any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

1131

PART X.

WINDING UP OF UNREGISTERED COMPANIES.

shall unregistered

312. For the purposes of this Par of this Ordin- Meaning of ance, the expression "unregistered company include any partnership, whether limited or association and any company with the following 5, c. 23, exceptions:-

any

(1) a company registered under the Companies Ordinance, 1865, or under the Companies Ordinance, 1911. or under this Ordinareet

(2) a partnership, association or company which consists of less than eight members and is not a foreign partnership, association or Com- pany;

company. 19 & 20 Geo.

s. 337.

(5) a partnership regis ered in the Colony under Ordinances

the Chinese Partnerships Ordinance, 1911. or Nos. 53 of under the Limited Partnerships Ordinance, of 1912. 1912.

1911 and 18

313.--(1) Subject to the provisions of this Part of Winding up this Ordinance, any unregistered company may be of un-

　　　　　　　　　　　　　　　　　register wound up under this Ordinance, and all the provisions ed companies of this Ordinance with respect to winding up small 19 & 20 Geo. apply to an unregistered company, with the following 5, c. 23, exceptions and additions:

(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 bas 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 the company is dissolved, or has 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 some director, manager, or principal officer of

s. 338.

Contribu- tories in

winding up of un- registered company.

19 & 20 Geo. 5. c. 23, 5. 339.

Power of court to

stay or restrain

proceeding.

19 & 20 Geo. 5, c. 23,

s. 340.

Actions stayed on winding-up

order.

19 & 20 Geo.

5, c. 23,

s. 341.

1132

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 pre- 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 on 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- pcaled 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.

314.--(1) In the event of an unregistered company being wound up, every person shall be deemed to be a contributory who is liable to pay or contribute to the payment of any debt or liability of the company, or to pay or contribute to the payment of any sum for the adjustment of the rights of the members among themselves, or to pay or contribute to the 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 suns 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.

315. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an un- registered company, where the application to stay or restrain is by a creditor, extend to actions and pro- ceedings against any contributory of the company.

316. Where an order has been made for winding up an unregistered company, no action or proceeding shall be proceeded with or commenced against any contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

1133

19 & 20 Geo.

317. The provisions of this Part of this Ordinance Provisions with respect to unregistered companies shall be in of Fart X addition to and not in restriction of any provisions cumulative. hereinbefore 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.

s. 342.

་ན་ ་

PART XI.

COMPANIES INCORPORATED OUTSIDE THE COLONY

CARRYING ON BUSINESS WITHIN THE COLONY.

Part XI

318. This Part of this Ordinance shall apply to all Companies companies incorporated outside the Colony which, to which after the commencement of this Ordinance, establish a applies. place of business within the Colony, and to all com- 19 & 20 Geo. panies incorporated outside the Colony which have, 5, c. 23, before the commencement of this Ordinance, establish- s. 343 ed a place of business within the Colony and continue. to have an established place of business within the Colony at the commencerment of this Ordinance.

&c., to be

319.-(1) Companies incorporated outside the Documents, Colony which, after the commencement of this Ordin- delivered to ance, establish a place of business within the Colony, registrar by shall within one month from the establishment of the companies place of business, deliver to the registrar of companies carrying on for registration-

business in the Colony. 19 & 20 Gev. (4) a certified copy of the charter, statutes or

memorandum and articles of the company, s. 344 and

5. c. 23, or other instrument constituting or defining Ordinance the constitution of the company, and, if the No. 58 of instrument is not written in the English 1911, s. 252. 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

Power of companies

1134

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 naine 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 Colony elsewhere than in the United Kingdom or a incorporated British possession, may hereafter acquire immovable property (except tenancies at rack rents for terms not exceeding five years) in the Colony unless-

outside the

Colony to

hold im- movable property by consent. 19 Geo. 5, c. 23, s. 345 and Ordinance No. 58 of

1911, s. 253.

(a) It is empowered by its constitution to acquire

immovable property;

(b) it shall have filed with the registrar of com- panies the documents and particulars specified in section 319 (1); and

the Governor in Council.

1135

(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.

321. If in the case of any company to which this Return to Part of this Ordinance applies any alteration is made be delivered in-

to registrar where documents, &c. altered.

(1) the charter, statutes, or memorandum and 19 & 20 Geo. articles of the company or any such instru- 5, c. 23, ment as aforesaid; or

(2) the directors of the company or the particulars contained in the list of the directors; or

s. 346.

(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.

business in

322.-(1) Every company to which this Part of this Balance Ordinance applies shall in every calendar year make sheet of out a balance sheet in such form, and containing such company particulars and including such documents, as under carrying on the provisions of this Ordinance it would, if it had the Colony been a company within the meaning of this Ordinance, 19 & 20 reo have been required to make out and lay before the 5, c. 23, 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.

s. 347.

323. Every company to which this Part of this Obligation Ordinance applies shall-

to state name of

whether

(1) in every prospectus inviting subscriptions for company,

its shares or debentures in the Colony state limited, and the country in which the company is incor- country porated; and

where in- corporated. 19 & 20 Geo. (2) conspicuously exhibit on every place where it

5, c. 23, carries on business in the Colony the name s. 348. 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

Service on company to which Part

XI applies, 19 & 20 Geo. 5, c. 23, 8. 349.

Office where documents to be filed.

19 & 20 Geo. 5, c. 23, s. 350.

Penalties.

19 & 20 Geo. 5, c. 23, s. 351.

Interpreta-

tion of

Part XI.

19 & 20 Geo.

5, c. 23,

s. 352.

1136

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.

324. Any process or notice required to be served on a company to which, this Part of this Ordinance applies shall be sufficiently served if addressed to any person whose name has been delivered to the registrar under this Part of this Ordinance and left at or sent by post to the address which has been so delivered:

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 naines 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 which this Part of this Ordinance applies is required to deliver to the registrar of companies, shall be delivered to the registrar at the registration office.

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.

326. If any company to which this Part of this Ordinance applies fails to comply with any of the foregoing provisions of this Part of this Ordinance 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-

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 same mean- ing as when used in relation to a company incorporated under this Ordinance.

1137

PART XII.

RESTRICTIONS ON SALE OF SHARES AND

OFFERS OF SHARES FOR SALE.

328.--(1) It shall not be lawful for any person- Provisions

with respect (a) to issue, circulate or distribute in the Colony to prospec- any prospectus offering for subscription shares tuses of in or debentures of a company incorporated or foreign to be incorporated outside the Colony, whether companies

inviting the company has or has not established, Or subscrip- when formed will or will not establish, a place tions for of business in the Colony, unless-

shares or

shares for

(i) before the issue, circulation or dig. offering tribution of the prospectus in the Colony a sale. copy thereof, certified by the chairman and 19 & 20 Geo. two other directors of the company as 5, c. 23, having been approved by resolution of the s. 354. 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 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.

23 ፡፡

(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.

www.B

1138

Require-

ments as to

329.-(1) In order to comply with this Part of this Ordinance a prospectus in addition to complying with the provisions of sub-paragraphs (ii) and (iii) of 19 & 20 Geo. paragraph (a) of subsection (1) of the last foregoing

prospectus.

5, c. 23, 8. 355.

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,

　　　can be inspected;

(v) the date on which and the country in which the company was incorporated;

(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; or

(b) he proves that the non-compliance or contra- vention arose from an honest mistake of fact on his part; or

1139

(2) 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 Restrictions go from house to house offering shares for subscription on offering or purchase to the public or any member of the public. of shares

In this subsection the expression "house" shall not include an office used for business purposes.

for sub-

scription

or sale. 19 & 20 Geo. 5, c. 23,

(2) Subject as hereinafter provided in this sub- s. 356. 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 stock 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 office in the Colony;

كدر

1140

(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

1141

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.

PART XIII.

MISCELLANEOUS.

Prohibition of Partnerships with more than Twenty

Members.

331. No company, association, or partnership con- Prohibition

of partner- sisting of more than twenty persons shall be formed

ships with for the purpose of carrying on any business (other

more than than the business of banking) that has for its object twenty the acquisition of gain by the company, association, members. or partnership, or by the individual members thereof, 19 & 20 Geo.

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.

Provisions relating to Banks.

partnerships

332. Similarly, no company, association, or part- Prohibition nership consisting of more than twenty persons shall of banking be formed for the purpose of carrying on the business with more of banking, unless it is registered as a company under than twenty this Ordinance, or is formed in pursuance of some members. other Ordinance, Act of Parliament, or of letters patent.

19 & 20 Geo. 5, c. 23,

s.358.

bank of

333.-(1) A bank of issue registered under this Liability of Ordinance as a limited company shall not be entitled issue un- to limited liability in respect of its notes, and the limited in members thereof shall be liable in respect of its notes respect of 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.

notes. 19 & 20 Geo. 5. c. 23, s. 360.

334.-(1) Where a company carrying on the Frivileges business of bankers has duly forwarded to the registrar of banks of companies the annual return required by section making

annual return.

one hundred and seven this Ordinance and bas added thereto a statement of the names of the several 19 & 20 Geo. places where it carries on business, the company

5, c.

　　　　　　　　　　　　　　　　　　　　　　　23, shall be deemed to be a "bank" and "bankers'

　　　　　　　　　　　　　　　　　　　　s. 361. within the meaning of the Evidence Ordinance, 1889. No. 2 of

Ordinance

1889.

. 3.

ין

1142

Penalty for false state- ment.

5, c. 23, s. 362.

(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.

335. If any person in any return, report, certificate, balance sheet, or other document, required by or for the purposes of any of the provisions of this Ordinance 19 & 20 Geo. specified in the Tenth Schedule hereto, wilfully makes a statement false in any material particular, 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.

Ordinance No. 21 of 1922.

Penalty for improper use of word "Limited."

19 & 20 Geo. 5, c. 23, s. 364

Provision

to default fines and meaning of "officer in default.

Provided that nothing in this section shall affect the provisions of the Perjury Ordinance, 1922.

336. If any person or persons trade or carry on business under any name or title of which Limited,' or any contraction or imitation of that word, is the last word, or under any name or title of which the Chinese characters A form part, that person or those persons shall, unless duly incorporated with 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.

337.-(1) Where by any enactment in this Ordin- with respect ance it is provided that a company and every officer of the company who is in default shall be liable to a default fine, the company and every such officer shall, for every day during which the default, refusal or contravention continues, be liable to a fine not ex- ceeding such amount as is specified in the said enact- ment, or, if the amount of the fine is not so specified, to a fine not exceeding fifty dollars.

19 & 20 Geo. 5, c. 23, s. 365.

Prosecution of offences punishable by fine. 19 & 20 Geo. 5, c. 23,

s. 366.

Application of fines.

19 & 20 Geo. 5, c. 23, s. 367.

Penalty for failure to pay fine.

(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 i the enactment.

338. All offences under this Ordinance made punishable by any fine may be prosecuted under the Magistrates Ordinance 1890 or any Ordinance amend- ing or substituted for the same.

339. The court or magistrate imposing any fine un- der this Ordinance may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in

　　　　　　　　　　　　or towards 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 any part of any fine or penalty imposed by a court or magistrate under this Ordinance within one month 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

1143

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 he 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 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 Saving as institution of criminal proceedings by the Attorney to private General shall be taken to preclude any person from prosecutors instituting or carrying on any such proceedings.

19 & 20 Goo 5, c. 23, s. 368. 342. Where proceedings are instituted under this

Saving for Ordinance against any person by the Attorney General privileged nothing in this Ordinance shall be taken to require communi- any person who has acted as solicitor for the defendant 19 & 20 Geo to disclose any privileged communication made to 5, c. 23, him in that capacity.

cations.

s. 369.

com- Service of

Service of Documents and Legal Proceedings. 343. A document may be served OD a pany by leaving it at or sending it by post to the documents registered office of the company.

on company. 19 & 20 Geo

5, c. 23, s. 370.

limited

344. Where & limited company is plaintiff Costs in in any action or other legal proceeding. any actions by judge having jurisdiction in the matter may, if it certain appears by credible testimony that there is reason to companies. believe that the company will be unable to pay the 19 & 20 Geo, costs of the defendant if successful in his defence, 5, c. 23. require sufficient security to be given for those costs, s. 371. and may stay all proceedings until the security is given.

court to

in certain

345.-(1) If in any proceeding for negligence, Power of default, breach of duty, or breach of trust against a person to whom this section applies it appears to the grant relief court hearing the case that that person is or may be cases. liable in respect of the negligence, default, breach of 19 & 20 Ges duty or breach of trust, but that he has acted honestly 5, c. 23, and reasonably, and that, having regard to all the s. 372.

Power to

enforce

orders.

19 & 20 Geo.

5, c. 23,

8. 373.

Power to

alter tables and forms. 19 & 20 Geo.

5, c. 23,

s 379.

1144 ..

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 terms 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- ance may be enforced and shall be subject to appeal in the same manner as orders made in an action pending therein.

General Provisions as to alteration of Tables, forms and fees.

347.-(1) The Governor in Council

　　　　　　　　　　　may alter Table A, the form in the Seventh Schedule and the table of fees in the Ninth Schedule to this Ordinance, so that such alteration does not increase the amount of fees payable to the registrar under the said Ninth 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

}

1145

Interpretation.

19 & 20 Geo.

348.-(1) In this Ordinance, unless the context Interpreta otherwise requires, the following expressions have tion. the meanings hereby assigned to them (that is to say):

"Annual return means the return required to

5, c. 23, s. 380.

1865.

as altered in pursuance of powers given under that Ordinance, or in Table A in the First Schedule to the Companies Ordinance, 1911, Ordinance. or in that Table as altered in pursuance of No. 58 of section one hundred and seventeen of the last 1911. 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 amending, 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 com- 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 controlled 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, notices, cir- cular, advertisement, or other invitation, offer- ing to the public for subscription or purchase any shares or debentures of a company;

- 1146

"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.

Establish- ment of register and registrar of companies at Shanghai.

Validity of acts done

by or before Shanghai registrar.

Filing of documents.

Fees in case of China

company. First Schedule Table B.

Notice to

companies.

PART XIV.

CHINA COMPANIES AND HONG KONG CHINA COMPANIES,

349.-1 There shall be a register and registrar of companies at Shanghai.

(2) All acts done within the limits of the China Orders in Council, in pursuance of the provisions of this Ordinance by, to, with, or before the registrar of companies at Shanghai shall, subject to the 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 which a company is required by this Ordinance to 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 Ordinance to pay to the registrar of companies shall in the case of a China company be paid to the registrar of companies at Shanghai.

350.-(1) The promoters of every intended Hong be given by Kong China company, and of every intended China company shall on or before the date of delivery for 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

1147

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 Transfer on registrar of the register in which the documents and notice by records of the company in question are filed, such company. 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 Transfer of his own motion or on the request of the registrar on motion of

　　　　　　　　　　　　　　　　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.

Appeals.

Notices to be registered.

Jurisdiction of Hong

Kong Court and Supreme Court for China in matters relating to Hong Kong

China Com- panies.

Transfer of

proceedings relating to Hong Kong China Com- panies.

Enforcement in Colony of order of Supreme Court for China.

Stamp duties

or transfers of shares.

Probate and estate duty.

China com- panies to pay an

annual fee.

1148

(4) If the company concerned, or the registrar of companies, at Shanghai, is dissatisfied 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 companies at Shanghai shall register any such notice as is referred to in this section given to him by a company.

351.-(1) In all matters relating to a Hong Kong China company, the jurisdiction of the court and the jurisdiction of the Supreme Court for China shall be concurrent and the said two courts shall in all respects be auxiliary to each other.

(2) Where any proceeding relating to a Hong Kong China company, or for the winding-up of any such company, are commenced in the court and it appears that the principal part of such company's business is carried on within the limits of the China Orders 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.

(3) The court shall enforce within the Colony any order or decree made by the Supreme Court for China in the course of any proceedings relating to a China company or to a Hong Kong China company or for the winding-up of any such company in the same manner as if such order or decree had been made by the court.

352.-(1) An instrument of transfer of a share in a China company shall be exempt from stamp duty.

(2) No probate duty or estate duty shall be payable in respect of the share or other interest of a deceased member of a China company in such company.

(3) In lieu of the aforesaid duties, an annual fee for each calendar year at the rate of four cents for each hundred dollars of the paid up capital of the company shall be paid 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.

יין

1149

(4) If any company makes default in complying with Fenalty. 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.

PART XV.

REPEAL AND SAVINGS.

Ordinances 1929 No. 58 of

353.-(1) The Companies Ordinance, 1911, and the Repeal of Companies Amendment Ordinances, 1925, 1928, and 1930 are repealed.

1911, No. 15 of 1925,

(2) Without prejudice to the provisions of section No. 12 of

　　　　　　　　　　　　　　　　　　1928, twelve of the Interpretation Ordinance, 1911, Ordi-

　　　　　　　　　　　　　　　　　　　　　No. 31 of nance No. 31 1911-

1929 and

1930.

(a) nothing in this repeal shall affect any Order No. 26 of

in Council, order, rule, regulation, scale of fees, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction given, proceeding takén, 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

Savings.

19 & 20 Geo. 5, c. 23,

s. 382.

Saving of pending proceedings for winding

up.

19 & 20 Geo. 5, c. 23, s. 383.

Saving of Ordinances Nos. 11 of 1907, 5 of 1908, and 32 of 1917.

Commence- ment of Ordinance

Sections 10, 114, 308, 347, 348.

1150

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 to winding up shall not apply to any company of which the winding up has commenced before the commencement of this Ordinance, but

such every company shall be wound up in the same manner and with the same incidents as if this Ordinance had not 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.

356. Nothing in this Ordinance shall affect the provisions of the Life Insurance Companies Ordinance, 1907, the Fire Insurance Companies Ordinance, 1908, or the Fire and Marine Companies Deposit Ordinance, 1917.

357. This Ordinance shall come into force on the first day of July, 1933.

SCHEDULES.

FIRST SCHEDULE.

TABLE A.

REGULATIONS FOR MANAGEMENT OF A COMPANY LIMITED ·

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 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 so 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 into 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 the consent in writing of the holders of three-fourths 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

}

1151

meetings shall mutatis mutandis apply, but so that ist Schedule. the necessary quorum shall be two persons at least Table A. 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 lemand a poll.

4. Every person whose naine 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 R 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

1st Schedule. Table A. -contd.

1152

Calls on Shares.

11. The directors may from time to time make calls upon the members in respect of any moneys unpaid 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 times 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 in the following form, or in any usual or common form which the directors shall approve:

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] nuinbered

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.

1153

19. The directors may decline

to register any 1st Schedule. transfer of shares, not being fully paid shares, to a Table A. person of whom they do not approve, and may also conti. 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 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 share in consequence of the death or bankruptcy of a member shall, upon such evidence being produced 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 direstors to that effect.

...

1st Schedule. Table A. -contd.

1154

26. A forfeited share may be sold or otherwise disposed of on such terms and in such manner as the directors think fit, and at any time before a sale 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 noininal 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 nay 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 ordinary resolution increase the share capital by such sum, to be divided into shares of such amount, as the resolution shall prescribe.

1155

35. Subject to any direction to the contrary that 1st Schedule. may be given by the company in general meeting, ali Table A. new shares shall, before issue, be offered to such -contd. 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 fifteen months after the holding of the last preceding than 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

of 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.

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 te form a quorum, any director or any two members of

1156

1st Schedule. the company may convene an extraordinary general Table A. meeting in the same manner as nearly as possible -contd.

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 & 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 is 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.

1157

-contd.

50. At any general meeting a resolution put to the 1st Schedule. vote of the meeting shall be decided on a show of Table A. 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 8 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

Table A. --contd.

1158

1st Schedule. 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.

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

　　　　　　　　　　　　　　　　　　　in 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 or such term and at such remuneration (whether by way of salary, or com- mission, o" participation in profits, or partly in one

1159

way and partly in another) as they may think fit, 1st Schedule. and a director so appointed shall not, while holding Table A. -contd. that office, be subject to retirement by rotation, or taken into account in determining the rotation or retirement of directors; but his appointment shall 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 noneys 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;

meetings of the

and of the

company,

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.

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 thereont, and if he does so vote his vote shall not be counted.

GAN3.

ཚ་ནན་

1st Schedule. Table A. --contd.

1160

Rotation of Directors.

73. 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.

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 shali (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 mecting 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 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.

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.

88. 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

•

1161

fixed by or pursuant to the regulations of the com- 1st Schedule. pany as the necessary quorum of directors, the con- Table A. tinuing directors may act for the purpose of increas. -contd. 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 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 power 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 delegated conform to any regulations that may 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 or 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 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 coin- 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.

93. The directors may, before recommending any dividend, set aside out of the profits of the company such sums as they think proper as a reserve ΟΙ 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.

22.3.

1st Schedule.

Table A. -contd.

1162

94. If several persons are registered as joint holders. of any share, any one of them may give effectual receipts for any dividend or other moneys payable on 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 tine 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 annexe 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 sending 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

1163

addressing, prepaying, and posting a letter contain- 1st Schedule. ing the notice, and to have been effected in the case Table A. of a notice of a meeting at the expiration of 24 hours -contd. 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 to 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 to (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.

TABLE B.

FORM OF MEMORANDUM OF ASSOCIATION OF A COMPANY LIMITED BY SHARES.

Ist. 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.

Sections 13 and 346.

1164

let Schedule.

Table B. -contd.

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 325"

Sections 13 and 347.

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 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, 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 of being formed into a company, in pursuance of this memorandum of association.

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, Victoria,

Hong Kong.

- 1165

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 to such provision as modified by any Ordinance for the time being in force.

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 shall be held at such time, not being less than one month nor more 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 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 shall occurs, and at such place as the directors 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 general meetings shall be 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 extraordir ary general meeting in the same 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 genera!

1st Schedule. Table C.." -contd.

Table C. -contd.

1166

1st Schedule. 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 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 meeting, that meeting may be convened by such shorter notice and in such manner as those members may think fit.

9. 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.

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

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 meeting 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 shali 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.

if at any

14. If there is no such chairman, or meeting he is not present within fificen 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 least two members present in person or by proxy entitled to vote 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 unanimous- ly, or by a particular majority, or lost, and an

}

1167

entry to that effect in the book of the proceedings of 1st Schedule. the company, shall be conclusive evidence of the Table C. fact, without proof of the ruinber or proportion of --contd. 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 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.

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 meeting directs.

Votes of Members.

20. Every member shali 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 poll 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:-

" Į .

being a member of the

Limited, hereby appoint

Company. Limited.

Company,

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

27. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

יין

Table C. -contd.

1168

1st Schedule. Corporations acting by Representatives at Meetings. 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 SO authorised shall be company and the person 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.

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 in general meeting.

Powers and Duties of Directors.

　　any regulation of these articles, to the provisions of the Ordinance, and to such regulations, being not inconsistent with the aforesaid regulations or

or provisions, as

may be prescribed by the company in general meeting; but no regulation made by the company

　　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;

com-

(b) of the names of the directors present at each

meeting of the directors and of any mittee of the directors;

company,

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 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

1169

(e) resigns his office by notice in writing to the 1st Schedule.

company;

(f) is directly or indirectly interested 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 three or N time being, or, if their number is not 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 re- election.

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, 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.

43. The directors may meet together for the 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.

Table C. -contd.

1st Schedule.

Table C. -contd.

1170

44. 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 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 is 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 he imposed on them by the directors.

48. A committee may elect a chairman of its meetings; if no such chairman is elected, or 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.

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 members not being directors, and no member (not being a

1171

director) shall have any right of inspecting any 1st Schedule. account or book or document of the company except Table C. 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.

-contd.

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 to 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.

Sections 13 and 341.

1172

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 twenty pounds.

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.

Number of Shares taken by each Subscriber

"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

merchant 200

Total shares taken 235"

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.

1173

Names, Addresses, and Descriptions of Subscribers.

"1. John Jones of

1st Schedule. Table D.'

merchant. -contd.

"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.

TABLE E.

Sections

MEMORANDUM AND ARTICLES OF ASSOCIATION OF AN 13 and 347.

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 a 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

19.

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.

יין

1st Schedule.

Table E. -contd.

- 1174

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; (e) reduce its share capital in any way.

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.

Sections 16 and 347.

Section 29.

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 7 of the Companies Ordinance,

1932. Delivered for registration by

The nominal share capital of

the Company.

Divided into

Shares of $

each.

Shares of $

each.

Amount (if any) of above capi- tal which consists of redeem-

able preference shares.

The date on or before which these shares are,

are liable, to be redeemed. Names, descriptions and ad- dresses of directors or pro- posed directors.

1175 ·

Amount of shares issued 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 was entitled to commence

ness:-

busi-

Amount of preliminary ex-

penses.

Amount paid to any pro-

moter

Consideration for the рау-

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.

3rd Schedule. -contd.

Name of promoter. Amount $

Consideration :-

Shares of $

fully paid.

which $

upon

per share credi- ted as paid.

debenture

4. 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

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

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.-

Total purchase price

Cash Shares

Debentures

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

יין

3rd Schedule. -contd.

1176

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.

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.

1177

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 subscription particulars as to-

to the public for

(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 allotinent 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 he 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.

Sections 37 and 329.

1178

4th Schedule. completed at the date of issue of the prospectus, -contd. and the amount payable in cash, shares, or deben- 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, if 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 been 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

}

•

1179

of the cases in which no dividends have been paid in 4th Schedule. respect of any class of shares in respect of any of -contd. 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 shal 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 SCHEDULE.

1. The provisions of this Schedule with respect to the memorandum aud 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- the eluded the consideration for the lease, and 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 were sub- years or one year, as the case may be, stituted for references to three years.

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

　　　　　　　　year, that greater or less period shall for the purpose of the said Part of this Schedule be deemed to be a financial

year.

+3.

Section 42.

1180

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.

Amount (if any) of above

capital which

above Shares of $ each. consists of i

redeemable preference shares. 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.

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.

Amount (if any) paid or pay- 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.

shares of $ fully paid

shares which $

upon

per share credi- ted as paid.

debenture $

4. Consideration :-

:--

Total purchase price

Cash Shares

Debentures

Goodwill

Amount paid.

payable.

Rate per cent.

Estimated amount of prelimin- $

ary expenses.

1181

Amount paid or intended to be

Name of promoter. 5th Schedule.

--contd.

Amount $

paid to any promoter. Consideration for the payment Consideration:-

Dates of, and parties to, every inaterial 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 (it 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,

where

or,

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 referen- 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 Act, and the expression "financia! year" has the meaning assigned to it in that Part of the said Schedule.

Sections

107 and 347.

1182

SIXTH SCHEDULE.

FORM OF ANNUAL RETURN OF A COMPANY HAVING A SHARE CAPITAL.

Annual Return of the

Company, Limited

made up to the

day of

(being the fourteenth day

after 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 sums (if any) paid by way of commission in respect oť any shares or debentures or allowed by

by way of discount in respect of any debentures since the date of the last Return.

$ f

*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.

If 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.

1183

Total number of shares forfeited -

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 Issued $

bearer issued and surrendered respec- Surrendered tively since the date of the last Return.

Number of shares comprised in each

share warrant to bearer.

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."

6th Schedule. --contd.

23.

6th Schedule.

-contd.

1184

NOTE.-Banking companies must add a list of all 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.

†The

Any

Nationa- lity of

‡Other

present

former

Christian

(if origin Usual

business

Christian Nationa-

occupa-

other

residen-

Name or

Names

Name or lity.

tion if

than the

tial

Names or

and

present | address.

any.

Surname.

nationa-

lity).

none state so.

* "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.

List of Persons holding Shares in the Company,

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.

Account of Shares.

Folio in

Ledger,

containing Particulars.

Remarks.

* Number

of Shares

held by

existing Members

at date of

Return.†

Particulars of Shares l'ransferred since the date of the last Return, or (in the case of the first Return) ‹f the incor- poration of the Company, by persons who are still Members.

Number.†

Date of Registration

of Transfer.

l'articulars of Shares Transferred since the date of the last heturn, 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 Regis ration of Transfer.

Number.†

Surname.

Christian

Name.

Address.

Occupation.

1185

(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.

-contd.

5th Schedule.

Section 130.

1186

SEVENTH SCHEDULE.

s. 248.

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. 176.

s. 177.

s. 178.

s. 179.

s. 180.

s. 181.

183 except

subs. (5).

s. 186.

s. 187.

s. 188

9. 189.

s. 190.

s. 191.

s. 192.

s. 193.

s. 194.

s. 202.

s. 208.

s. 209.

s. 212.

s. 284.

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 Official Receiver.

Report by Official Receiver..

Power of Court to appoint Liquidator.

Appointment and powers of provisional Liquidator.

Appointment, style, &c., of Liquidators in English- winding up.

Provisions where person other than Official Receiver is appointed Liquidator.

General provisions as to Liquidators.

Exercise and control of Liquidators' powers.

Books to be kept by Liquidator

Payments of Liquidator into bank or Treasary.

Audit of Liquidators' accounts.

Control of Official Receiver over Liquidators.

Release of Liquidators.

Meeting of creditors and contributories to determine whether committee of inspection shall be appointed.

Constitution and proceedings of committee of inspection.

Powers of the Court where no inspection.

Appointment of special manager.

committee of

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.

1187

NINTH SCHEDULE.

TABLE OF FEES TO BE PAID TO THE

REGISTRAR OF COMPANIES.

1.--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 under this Ordinance, the same fee as is charged for registering a new company

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.

50.00

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

100.00

Sections

290, 304,

347.

300.00

-contd

1188

9th Schedule. For registration of any increase on the number of members made after the registration of the company

in respect

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

5.00

3.00

For making a record of any fact by this

Ordinance required or authorised

recorded by the registrar

5.00

III. BY A COMPANY TO WHICH PART XI OF THIS

ÖRDINANCE APPLIES.

For registering any document required to be

delivered to the registrar under Part XI · of this Ordinance

5.00

s. 335.

s. 17.

s. 37.

s. 42.

s. 44.

s. 79.

s. 80(1).

s. 81.

s. 90.

s. 94.

s. 107 (3)(n) (0). s. 112.

s. 133 (1) (2).

s. 139.

s. 239

s. 287.

s. 319.

s. 321.

s. 322.

s. 323.

TENTH SCHEDULE.

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;

Auditors' report and right to information and

explanations,

Restrictions on appointment or advertisement of

director:

Notice by liquidator of his appointment;

Delivery to registrar of accounts of receivers and

managers;

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]

ཝཱཎ །

New Ordinance.

1234567

1189

Table of Corresponding Sections.

Companies Act 1929.

Companies Ordinance

1911.

385

234

4, 5 & 6

11 (1) 11 (3) and (4)

122 (1) & (8)

116

118

1888 | | | | 8

47 & 57

48 & 50

51 52 & 53 (1)

New Ordinance.

1190

Table of Corresponding Sections.

Companies Act 1929.

Companies Ordinance

1911.

66**

104

105

106

107

101 & 108

95 95 & 100

102

103

100

101

102

103

35 & 36

104

274

105

106

107

108

109

110

111

27A

111

112

113

114

115

116

117

118

119

113

120

121

122

123

77 (4)

123

124

124.

125

1191

Table of Corresponding Sections.

New Ordinance.

Companies Ordinance

Companies Act 1929.

1911.

125

126

127

128

129

114

129

130

115

130

131

132

113

132

133

113

133

134

114

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

;

148

149

150

151

152

153

121

153

154

155

156

123

156

157

124

157

158

125

158

159

126

159

160

127

160

161

128

161

162

129

162

163

130

163

168

130

164

169

131

165

170

132

160

171

136

167

172

135

168

173

169

174

170

175

134 & 176

171

176

138

172

177

137

173

178

133

174

179

141

175

180

176

181

142

177

182

143

178

183

144 (1)

179

184

144

180

185

144

181

186

144

182

188

144

183

189

145

184

190

148

185

191

146

186

192

153

1192

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

187

193

151

188

194

149

189

195

150

190

196

154

191

197

152

192

198

147

193

199

155

194

200

155 (9)

195

202

139

196

203

158

197

204

159

198

205

160

199

206

161

200

207

162

201

208

163

202

209

156

203

210

164

204

211

165

205

212

211

206

213

166

207

214

169

208

216

170

209

217

210

218

171

211

219

172

212

220

168

213

221

167

214

225

175

215

226

178

216

227

176

217

228

177

218

229

219

230

220

231

221

232

179

222

233

182

223

234

185

224

235

225

236

188

226

237

227

238

228

239

229

240

230

241

231

242

182

232

243

233

244

234

245

235

246

236

247

237

248

238

249

144

239

250

180

240

251

184

241

252

186

242

254

189

243

255

190

244

256

192

245

257

193

246

258

247

259

195

248

260

196

249

261

198

250

262

199

251

264

200

252

265

201

1193

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

253

266

203

254

267

255

268

256

269

257

271

258

272

206

259

273

260

274

261

275

262

276

263

277

207

264

278

265

279

266

280

267

281

268

282

210

269

283

270

284

271

285

272

287

273

288

274

289

215

275

293

216

276

294

213

277

295

222

278

296

279

300

217

280

301

281

302

218

282

305

220

283

306

284

307

157

285

308

286

209

287

310

288

311

289

312

223

290

313

224

291

314

223

292

315

293

316

225

294

317

226

295

318

296

321

227

297

322

228

298

323

230

299

324

231

300

325

232

301

326

233

302

327

235

303

328

236

304.

329

237

305

230

238

306

331

239

307

332

240

308

333

241

309

834

242

310

335

243

311.

336

244

312

337

245

313

338

246

314

339

247

1194

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

315

340

248

316

341

249

317

342

251

318

343

319

344

252

320

345

253

321

346

322

347

323

348

324

349

325

350

326

351

252 (5)

327

352

252 (6)

328

354

329

355

330

356

331

357

332

358

333

360

299

334

361

335

362

336

364

260

337

365

338

366

254

339

367

255

340

257

341

368

342

369

343

370

257 (4)

344

371

256

345

372

258

846

373

347

379

348

380

261

349

270

350

271

351

272

352

273

353

381

354

382

355

383

263

356

260

357

1195

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

1 (1)

1 (2)

2 (1)

1 (3)

2 (2)

331

Do.

332

145

CO E LO CO78Q

146

111

112

66 (9)

166

113

Do.

114

115

11 (1)

116

11 (2)

10 (1)

117

11 (3)

119

11 (4)

139

10 (2)

140

142

143

121

1.7

107

27 A

110

89 A

101

100

102

Do.

103

Do.

103

287

100

82 (4)

101

80 (3)

Do.

102

103

Do.

104

105

106

107

58 (1)

108

59 (3)

109

130

58 (2)

110

134

59 (1)

111

136

112

137

60 (5)

113

131

Do.

132

114

133

59 (2)

115

129

116

1196

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

117

342

179

221

118

Do.

230

119

346

Do.

236

120

Do.

237

121

152

Do.

238

122

180

239

122 A

181

123

155

182

222

124

156

183

125

157

184

240

126

158

185

223

127

159

186

241

128

160

187

224

129

161

Do.

233

130

163

Do.

237

131

164

188

225

132

165

Do.

234

133

173

189

242

134

170

190

243

135

167

191

170

136

166

192

244

137

172

193

245

138

171

194

273

139

195

247

140

196

273

248

141

174

197

168

142

176

Do.

218

143

177

198

249

144

178

199

250

Do.

179

200

251

Do.

180

201

252

145

183

202

169

146

185

Do.

246

147

192

203

253

148

181

204

185

149

188

Do.

237

150

189

Do.

248

151

187

205

262

152

191

206

258

153

186

207

263

154

190

208

155

193

209

273

Do.

194

210

268

156

202

211

205

157

284

212

269

158

196

213

276

159

197

214

270

160

198

215

274

161

199

216

275

162

200

217

279

163

201

218

281

164

203

219

289

165

204

220

282

166

206

221

167

213

222

277

168

212

223

.289

169

207

Do.

291

170

208

224

290

171

210

225

293

172

211

226

294

173

345

227

296

174

345

228

297

175

214

229

333

176

216

230

298

177

217

231

299

178

215

232

300

1197

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

233

301

257

340

234

258

545

235

302

259

236

303

260

336

237

304

261

348

238

305

262

353

239

306

Do.

354

240

307

263

355

241

308

264

242

309

265

243

310

266

244

311

267

245

312

268

356

246

313

270

349

247

314

271

350

248

315

272

351

249

316

273

352

250

274

103

251

317

252

318

Do.

319

253

320

1st Schedule. 1st Schedule. 9th Schedule.

2nd Schedule. 3rd Schedule. 3rd Schedule. 1st Schedule.

254

338

4th Schedule.

255

339

5th Schedule.

256

343

Objects and Reasons.

1. This Ordinance enacts, with effect from the first of July, 1933, the provisions of the Companies Act, 1929, so far as they are applicable to local circum- stances; and, to facilitate reference to text-books and cases on the Act, the corresponding section of the Act is given in the marginal note to the various sections.

2. In certain sections, however, it has been neces- sary to incorporate special local provisions taken from the enactments repealed by the Ordinance.

3. Thus it has been necessary to include provision for China companies within the limits of the China Orders in Council in sections, 4, 19, 21, 33, 34, 79, 81, 92, 93, 103, 133, 174. 215, 275, 277, 279, 348, 349, 350, 351 and 352.

4. Express reference to the English language or to the Chinese characters which express terms in the English language are contained in sections 3, 11, 37, 93, 107, 130, 303, 319 and 336.

5. In sections 331 and 332 twenty is taken as the limit for banking as well as other partnerships as was the case in section 2 of the 1911 Ordinance.

6. In other sections the time limited for doing acts is extended to meet local conditions.

7. Two Tables are attached; the first shows the correspondence between the sections of this Ordinance and those of the Act and of the Companies Ordinance, 1911. (as amended in 1925, 1928, 1929 and 1930); and the second shows how the several sections of the 1911 Ordinance (as so amended) have been disposed of in the new Ordinance.

August, 1932.

C. G. ALABASTER,

Attorney General.

1198

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. S. 397.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 263 have been removed.

14th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 398.---Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine

Port

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April, 1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

1st July,

1932.

No. S. 258.

Straits

Do.

Settlements.

1st July, 1932.

No. S. 259.

French

Do.

Indo-China.

2nd July,

1932.

No S. 260.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

14th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

1199

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 399.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Tientsin.

Quarantine and/or Disinfection at the discretion.

of the Health Officer.

Cholera.

Amoy.

Do.

Cholera.

Newchwang.

Cholera.

Dairen.

Do.

Cholera.

Foochow.

14th October, 1932.

Authority.

Notification No. 447 of 6th July, 1932.

Notification No. 448 of 7th July, 1932.

Notification No. 475 of 18th July, 1932.

Notification No. 533 of 18th August, 1932.

Notification No. 570 of 2nd Septem ber, 1932.

E. R. HALLIFAX,

}

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

No. S. 400. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for maintenance and repairs to Port Works", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932, for maintenance and repairs to sea and quay walls, piers and other sea works, including the construction of minor extensions during the year 1933.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

14th October, 1932.

R. M. HENDErson,

Director of Public Works.

1.200

PUBLIC WORKS DEPARTMENT.

No. S. 401.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the supply of Junks for Government Grab Dredger Nos. 1 and 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932, for the supply of junks including all necessary maintenance and labour for efficient working of same throughout the year 1933.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

14th October, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 402.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 31st day of October, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No. of

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual

Upset

Rent. Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot No. 3046.

Prince Edward Road,

As per sale plan.

16,350

188

12,263

Ma Tau Wei.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

14th October, 1932.

R. M. HENDERSON,

Director of Public Works.

MAGISTRACY.

LICENSING SESSIONS.

No. S. 403.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 4th day of November, 1932, at 2.30 p.m., at which the following applications will be considered under the Liquors Ordinance, 1931:-

No.

Names of Applicants.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant

has held a licence of the saeme kind to sell liquor in the Colony and, if so, for how long.

1242

COLO CO

78QO12

Frank Adolph Riby Aubrey Keiran Dimond

Alfonso G. Piovanelli Isaac Levy Goldenberg Cheung Kiu Fong. John Charles Edward Rye D. M. Goodall

Chan Wai Chuen

Ronald Alfred Edwards N. Blumenthal

Percy Ingham Newman

David Gabruiler

S. L. Smyth

Miss Helen Adelaide Harry.

Mrs. Yeneko Kobayashi

Li Sun

Tainosuke Yamakawa

Santa Singh

Wong Ting Wai

F. S. Shum..

G. M. Gutierrez.

Publican's Licence.

The Repulse Bay Hotel Hong Kong Hotel

Publican's Licence

without Bar.

י,

Hotel Kee er's Adjunct Licence.

Restaurant eeper's Adjunct Licence.

Peninsula Hotel.

Palace Hotel

Kowloon Hotel

St. Francis Hotel

Exchange Restaurant Hotel Cecil..

King's Restaurant..

Marcel Confectionery & Restaurant Gloucester Building (Residential) David's afeteria Orpheum Buffet .

Peak Hotel.

Tokyo Hotel Tung Shan Hotel Yamakawa Hotel

The Indian Cafe'

New Asia Hotel, Ltd.

Canadian Confectionery a Bakery Co., Variety Restaurant

Rural Building Lot 142, Repulse Bay

1, 3, 5, 7, 8, 11, 13. 15 and 17, Pedder Street, and 21, 23, 25, 27 and 29, Queen's Road Central

K.I.L. 1461 Salisbury Road, Kowloon

39 to 44, Haiphong Road, Kowloon

2. Hankow Road

13A, Queen's Road Central

Exchange Building, Des Voeux Road Central

Royal Building, Chater Road

Entertainment Building, Queen's Road, Central 70, Nathan Road, Kowloon

16 to 18B Des Voeux Road, 5 to 15, Pedder Street

15 Hankow Road, corner of Peking Road, Kowloon

24, Hankow Road, Kowloon

52, The Peak.

37A, 37B and 38A, Connaught Road Central

37, 38 and 39, Connaught Road West

70, Johnston Road

40, Hennessy Road

206, 208, 210 Des Vœux Road Central 1st, 2nd, 3rd and 4th floors

40, Queen's Road Central

28, Hankow Road, Kowloon

6 months.

2 years and 1 month.

7 years.

10 months.

18 years.

6 years and 7 months. 74 months.

New Application. 6 years.

་་

100000

New Application.

12th October, 1932.

G. S. KENNEDY-SKIPTON,

Secretary to the Licensing Board.

1201

1202

NOTICE TO. MARINERS.

No. S. 404.

With reference to the notice published in Government Gazette of 15th July, 1932, No. 470 regarding the closing of the western end of Railway Pier, Kowloon, this notice is now cancelled.

G. F. HOLE,

Harbour Master, &c.

Hong Kong, 14th October, 1932.

PUBLIC WORKS DEPARTMENT.

No. S. 367. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tenders for New Service Reservoir, Yaumati", will be received at the Colonial Secretary's Office until Noon of Monday the 17th day of October, 1932. The work consists of the Construction of Covered Concrete Service Reservoir situated on Danger Flag or Yaumati Hill.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 369. It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for providing and fixing boundary stones to lots", will be received at the Colonial Secretary's Office until Noon of Monday, the 17th day of October, 1932, for providing and fixing boundary stones to lots in the Colony of Hong Kong, Kowloon, New Kowloon and the New Territories during the year 1933.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDerson,

Director of Public Works.

IN THE SURPREME COURT OF HONG KONG.

Notice of Receiviny Order and First General Meeting of Creditors.

No. 26 of 1932.

Re The Sang Lee firm of 694, Des Vœux Road Central, Victoria, Hong Kong and lately carrying on business there as a Compradore Shop.

　　　　　　Petition dated the 27th day of September, 1932.

　　　　　Receiving Order dated the 8th day of October, 1932.

OTICE is hereby given that Thursday, the 20th day of October, 1932, at 11.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor firm shall be adjudged bankrupt.

Dated the 14th day of October, 1932.

E. L. AGASSIZ,

Official Receiver.

HONG KONG CRICKET CLUB.

NOTICE.

NOTICE is hereby given that on Tuesday,

the 18th October, 1932, a drawing, for the redemption of thirty (30) Debentures will be held in the Pavilion at 5.30 p.m.

　　　　　　　　The numbers of the Debentures drawn will be published in the Hong Kong Government Gazette and the local Newspapers, and holders of drawn Debentures may, upon giving notice to the Treasurers waiving the six months' notice to which they are entitled, apply on the 31st October, 1932. to the Treasurers, Messrs. Percy Smith, Seth & Fleming, for payment of the principal and interest to the 31st October, 1932.

By Order of the Committee,

L. S. GREENHILL,

Hon. Secretary.

Hong Kong, 11th October, 1932.

1208

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of Harry James Lamb late of Victoria, in the Colony of Hong Kong Merchant, deceased.

Noon by virtue of the provisions of

OTICE is hereby given that the Court

Section 58 of Ordinance No. 2 of 1897, made an order limiting the time, for creditors and others to send in their claims against the above estate to the 3rd day of November, 1932.

All creditors and others are accordingly required to send in their claims to the under- signed on or before that date.

Dated the 11th day of October, 1932.

DEACONS,

Solicitors for the Executors, 1, Des Voeux Road Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In The Goods of Rafael Echegoyen late of Manila in the Philippine Islands, Merchant, deceased.

OTICE is hereby given that the Court has by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897 made an order limiting the time for creditors and others to send in their claims against the above estate to 20th day of October, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 20th day of September, 1932.

DEACONS

Solicitors for the Administrator,

1, Des Voeux Road Central,

Hong Kong.

(FILE NO. 313 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that David Sassoon

& Co., Ltd., of No 12, Des Vœux Road Central, Victo. ia, in the Colony of Hong Kong, have on the 30th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

FOX

(FILE No. 261 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Leong Wing Shing Firm of No. 152, Queen's Road West, Victoria, in the Co ony of Hong Kong, on the 21st day of July, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

盛水梁

in the name of the said Leong Wing Shing Firm, who claim to be the proprietors thereof. The Trade Mark has been used by Applicants in respect of: Chinese joss sticks in Class 50.

Dated the 12th day of August, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

((FILE No. 234 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Electric

Service Corporation, Federal Inc., in the United States of America, whose branch office is situated at Gloucester Building, Victoria in the Colony of Hong Kong, have, on the 6th day of July, 1932, applied for registration in Hong Kong, of the accompany Trade Mark:-

ELECTRIC

SERVICE

白告股退

明概後份數人佳廣啓以與該與核名所昌者免黎號創算義占恒本後作生辦清今該利港年退論佳意人楚因號記

　　　　IR 西夏股無盈名自志之金輔歷人涉虧義願圖股山道九八黎特及完特別份庄西月 AЯ - 一全該業及原九艹H佳豋切退號已與日十三三謹報權出之將創黎瓶日日啓聲利日股各辦作號

BRAND

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors

thereof.

Such Trade Mark has not hitherto been used

by the Applicants, but it is their intention to

nag 42

use the same forthwith in respect of Flour in Class

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of

Hong Kong and of the undersigned.

Dated the 14th day of October, 1932.

DAVID SASSOON & CO., LTD.,

No. 12, Des Voeux Road, Central, Hong Kong.

司公勒惠

FEDERAL INC. U.S.A.

SHANGHAI

CHINA

NOW

CORPORA

in the name of the said lectric Service Cor- poration who claim to be the proprietors there-

of.

The above Trade Mark has already been used by the Applicants in respect of Radio tubes valves, radio receivers, electric phonographs, musical instruments. theatre sound equipment, phonograph records and radio transmitters in Class 8.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of August, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

1209

(FILE No. 310 of 1932) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Sun

Tack Loong Company, Limited, whose registered office is situate at Victoria, in the Colony of Hong Kong and carrying on business at No, 307, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, Manufacturers of Canned Goods, have, by an applicantion dated the 27th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MAYJAN

味

津

in the name of The Sun Tack Loong Company, Limited, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicant company in respect of Season- ing Flavour in Class 42 but it is their intention so to use it forthwith.

Representations of the Trade Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and of the under- signed.

Dated the 9th day of September, 1932.

THE SUN TACK LOONG

CO., LTD,

No. 307, Des Voeux Road Central,

Hong Kong, Applicants.

(FILE No. 305 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Fuk Wah

Electric Flashlight Factory of Nos 55 to 61, Kweilin Street, Shamshuipo, Kowloon, Hong Kong, Manufacturers, have on the 23rd day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

SOLDIER

(1)

BRAND

( 2 )

ELEPHANT

BRAND

in the name of Fuk Wah Electric Flashlight Factory, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by Fuk Wah Elctric Flash- light Factory in respect of Electric Flashlights and Flashlight Batteries and Cells in Class 8.

Representations of the two Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 9th day of September, 1932.

FUK WAH ELECTRIC FLASHLIGHT FACTORY, Nos. 55-61, Kweilin Street, Shamshuipo, Hong Kong,

Applicants.

(FILE No. 300 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Nam Shing

Manufacturers of No. 1 to 11 (odd Nos.) Yiu Wa Street, Wanchai in the Colony of Hong Kong, on the 19th day of August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

in the name of the said Nam Shing Manufac- turers, who claim to be the proprietors thereof. The Trade Mark is intended to be used by the Applicants in respect of Electric Torches and Flashlights in Class 8.

Dated the 9th day of September, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

(FILE NO. 266 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Tai Shing Knitting Factory of No. 59, Yee Kuk Street, Shamshuipo, Kowloon, Hong Kong, have on the 26th day of July, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely:

廠造織成大

K BE

標

農

夫

TAI SING KNITTING FACTORY

in the name of the said Tai Shing Knitting Factory, who claim to be the proprietors thereof. The Trade Mark is intended to be used by the applicants in Class 38 in respect of articles of clothing.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 12th day of August, 1932.

A. E. HALL & CO., Solicitors for the Applicants,

Pedder Building,

Hong Kong.

1212

LEGISLATIVE COUNCIL.

No. S. 405. The following Bills were read a first time at a meeting of the Council held on the 20th October, 1932:-

A BILL

[No. 45-13.10.32.-1.]

Short title.

Inter- pretation.

Special licence fee for motor vehicles which

are not Empire products.

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.

(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.

1213

4. The Governor in Council shall have power to make Regulations. such regulations as he thinks fit for the carrying out of this Ordinance.

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.

(C.S.O. 9 in 4299/32)

[No. 36:-19.9.32.-3.]

A BILL

INTITULED

An Ordinance to amend the Supreme Court (Admiralty

Procedure) Ordinance, 1896.

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.

No pleadings

unless

applied for

1214

54. After appearance any party to an action may apply to the court for an order for pleadings. If no such application and ordered. is made, or if on such application pleadings are not ordered,

the action shall be heard without pleadings.

Suspending clause.

4. This Ordinance shall not come into operation unless 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.

}

Objects and Reasons.

1. Rule 53 in the Schedule to Ordinance No. 6 of 1896, contains fourteen paragraphs of particulars required to be filed in preliminary acts in actions for damage by collision.

2. Though there are immaterial differences in phraseology the first thirteen of these paragraphs correspond with paragraphs (a) to (n) of Order 19 rule 28 of the English Rules of the Supreme Court.

4. This amending Ordinance repeals the paragraph and substitutes two paragraphs, corresponding in effect with paragraphe (o) and (p) of the English rule, which deal with sound signals and which were added to the Order 19 rule 28 in 1898, ahout two years after the date of the principal Ordinance.

5. As the repealed paragraph in rule 53 was in the nature of a pleading, rule 54 has been redrafted so as to make it clearer that an application for pleadings shall not be deemed abnormal.

6. A suspending clause is added to the Ordinance in accordance with the provisions of sections 4 and 7 of the Colonial Courts of Admiralty Act, 1890.

September, 1932.

C. G. ALABASTER,

Attorney Gencral.

C.S.O. 1/5658/31.

1215

A BILL

INTITULED

No. 35-17.10.32.--4.]

}

An Ordinance to amend the Marriage Ordinance, 1875.

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- Short title. ment Ordinance, 1932.

of Ordinance

2. Sub-section (1) of section 21 of the Marriage Ordin- Amendment ance, 1875, is repealed and the following sub-section is No. 7 of substituted :-

1875, s. 21.

before

(1) After the issue of a certificate by the Registrar of Marriage Marriages, or the grant of a special licence by the Governor, Registrar of the parties may, if they think fit, contract a marriage before Marriages. 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 :-

Substitution and 38 of

for ss. 37

Ordinance No. 7 of 1875.

of Ordin-

ance.

37.-(1) This Ordinance shall apply to all marriages cele- Application brated in the Colony except non-Christian customary marriages duly celebrated according to the personal law and religion of the parties.

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.

Marriages Ordinance

under this

are

Christian or equivalent thereto.

}

1216

Objects and Reasons.

1. Section 2 of this Ordinance repeals section 21 (1) of the principal Ordinance and re-enacts it, as amended by section 5 of Ordinance No. 14 of 1926; but with the addition of the words "or the grant of a special licence by the Governor'

2. Section 37 of the principal Ordinance permitted Chinese persons who had already contracted a customary marriage to contract a registered marriage

　　　　　　　　　　　　　marriage under the Ordinance.

3. Section 38, whilst containing saving as to section 37, provided that the Ordinance should apply to all marriages where neither of the parties has living an undivorced husband or wife except marriages between persons neither of whom professes the Christian religion duly celebrated according to the personal law and religion of the parties

4. This Ordinance repeals both sections and substitutes new sections which whilst not requiring the general registration of customary marriages yet permits the parties to such marriages to contract a marriage under the Ordinance without prejudice to the previous customary marriage and which de- clare that every marriage under the principal Ordinance shall be a Christian marriage or the equivalent of a Christian marriage. The definition in section 38 (2) is derived from Nachimson's case, 1930 P. 217 and other cases referred to therein.

October, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O

/ in 5658/31.

1217

| No. 18-18.10.32.-10.]

A BILL

INTITULED

An Ordinance to confer on the Supreme Court Jurisdiction in

Divorce and Matrimonial causes.

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 forma! 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

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.

(3) Nothing herein shall authorise the court to make any decree of judicial separation or of restitution of conjuga! 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

power to grant relief.

ין

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.

1218

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.

(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 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.

1219

shall be

(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.

10. No adultery shall be deemed to have been condoned Condonation of adultery. within the meaning of this Ordinance

Ordinance unless

　　　　　　　　　　　　　unless conjugal cohabitation has been continued or resumed.

relief to

11. In any suit instituted for dissolution of marriage, Grant of if the respondent opposes the relief sought on the ground of respondent, the adultery, cruelty or desertion without reasonable excuse if petition of the petitioner, the court may in such suit give the "pposed. 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.

for nullity

12. A husband or wife may present a petition to the Petition court praying that his or her marriage may be declared null of marriage. and void.

of decree.

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.

14. if the court finds that the petitioner's case has been proved, it shall pronounce a decree nisi declaring the marriage to be null and void.

Decree of nullity.

Children

of annulled marriage.

When

decree nisi to be made absolute.

Grounds

separation.

1220

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.

(3) At any time during the progress of the suit or before the decree is made absolute any person may give information to the

decisiorney 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...

(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

{

1221

the application should not be granted, may decree judiciai 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.

(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

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 during the 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.

Petition for

restitution

20.--(1) When either the husband or the wife has without reasonable excuse withdrawn from the society of the of conjugal other, either wife or husband may apply by petition to the court for restitution of conjugal rights.

rights.

21. Nothing shall be pleaded in answer to a petition for Answer to restitution of conjugal rights which would not be a ground petition. for a suit for judicial separation.

22. (1) A decree of restitution of conjugal rights shall Periodical not be enforced by attachment.

payments in lieu of attachment.

יין

Settlement of wife's property.

Power to

vary orders.

Non-

compliance

with decree

desertion.

1222

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.

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 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.

may

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

1223

at the

(b) if the co-respondent had not at the time of the adultery reason to believe the respondent to be a married

woman.

Alimony.

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.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　pendente petition for alimony pending the suit.

alimony.

29.-(1) On any decree absolute for dissolution of Permanent 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).

Discharge

of order for

(3) If the husband afterwards from any cause becomes 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 that the means of the husband have increased, the court alimony. 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

1224

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.

(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

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.

•

1225

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.

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.

Enforce- inent of orders.

Appeals.

Appeal to King in Council.

1226

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.

(4) There shall be no appeal on the subject of costs only.

Liberty to parties to re-marry.

Power to allow intervention on terms.

Restriction

of reports of

Re-marriage.

Miscellaneous.

46.--(1) It shall not be lawful to print or publish, or on publication 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;

1227

(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 Rules to be this Ordinance, certified under the hand of the Chief Justice, laid before shall be transmitted by him to the Governor, to be laid before Council.

Legislative 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

Suspend-

ing clause.

1228

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.

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.

Between C. B.,

and

Petitioner.

A. B E. F. intervening as

Respondent.

19. No.

This

day of

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).

(General Heading).

The Petition of A. B. (state description of the

husband and the place of residence).

SHEWETH:

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).

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.

1229

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

(or as the case

may be) X. Y. frequently visited the said C. B. at

and that, on divers occasions during the said the said C. B. committed adultery

period at

with the said X. Y.

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.

(Signed) A. B.

The address for service of the Petitioner is

1, 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. (siate 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).

lawfully

3. That the said marriage was a Christian marriage (or the civil

equivalent of a Christian marriage).

Charge of adultery.

1230

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 of whom

ages).

5. That on or about the

children,

survive; that is to say (give names and

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.

(Or)

Charge of rape, etc.

That on the

the person of

day of

the said A. B. committed rape on

(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 decree 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.

То

C. B. (respondent).

Whereas A. B. of

· 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

1232

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.) at

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. B. (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 MarriagN.

(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.

1233

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).

(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.

Connivance.

Denial of

knowledge

that respon- dent was a married

woman.

1234

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.

(Signed) C. B.

No. 16.

CITATION BY RESPONDENT.

(General Heading.)

X. Y. of

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,

1235

praying for a dissolution of marriage, wherein she alleges that he has been guilty of adultery.

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:

ין

day of

1. That on the

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 consuinmate 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

day of

11. That there is no collusion or connivance between her and the said A. B. with respect to the subject of this suit.

1236

(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

has filed his

day of

between him

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 denies 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.

1237

No. 20.

PETITION BY WIFE FOR JUDICAL SEPARATION ON THE GROUND OF

HUSBAND'S ADULTERY.

(General Heading.)

The petition of C. B., of

the wife of A. B.,

residing at

SHEWETH:

1. That your petitioner and the said A. B. are in Colony of Houg 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 for 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., if any (or as the case may be).

Wherefore the respondent prays that this Honours able Court will reject the prayer of the said petition.

(Affidavit as in Form No. 12).

(Signed) A. B

1238

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.

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

; that from and after the said

　　　　your petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabitation with him.

1239

9. That there IS no collusion or connivance between your petitioner and her said husband with respect to the subject to the present suit.

[Affidavit as in Form No. 2.1

(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).

Το

A. B. of

Whereas C. B. of

ΟΤ

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).

1240

2. That on the

Court at the petition of

day of

this Honourable 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 separațion 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

SHEWETH:

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 cquivalent 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

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. Deniai 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.

1241

(Or)

No. 29.

CITATION IN SUIT FOR RESTITUTION OF Conjugal RIGHTS.

(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 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.

PETITION 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 other 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, subject to the life interest 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.)

(a) The petitioner

should state her husband's income as accurately as possible.

(Signed)

C. B.

[Affidavit as in From No. 2.]

ין

1242

No. 31.

ANSWER TO PETITION FOR ALIMONY.

(General Heading.)

I, A. B. of

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 $

belonged 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.

↑

out of

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 $ which I shali 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.

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 wife left my dwelling-house on the

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.

SHEWETH:

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.

יין

1243

(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 one-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.

(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

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 or

1244

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

(Signed)

L. M.

day of

Before me,

Commissioner to administer oths.

Objects and Reasons.

This Ordinance is based on the precedent of Ordinance No. 123 of the Straits Settlements, the variations from which are indicated in the Table of Correspondence:

August, 1952.

C. G. ALABASTER,

Attorney General.

1245

TABLE OF CORRESPONDENCE.

Straits

Settle-

ments

New Hong Kong

Ordinance

Remarks.

No. 123

Section.

4 (1)

4 (2)

4 (3)

Short title.

"in the opinion of the "Court" added in definition of Minor children. Compare Ordinance No. 1 of 1932, s. 2, and distinction between Asiatics and others omitted and 21 taken as age of termina- tion of minority of unmarried children. Definitions of Court of Appeal and Incestuous Adultery and Bigamy with adultery and Marriage with another woman omitted. Definition of Christian Marriage or its civil equivalent added See Nachimson's case 1930, P. 217; Brinkley's case 15 P.D. 76; Hyde's case 1 P. & M. 130; Bethell's case 38 Ch. D. 220.

"for the time being" added after "Eng-

land".

paragraph (a) substituted for the paragraph of the S.S. Ordinance which required that the petitioner should profess the Christian religion.

redrafted. Necessity for local celebration in nullity cases retained but paragraph requiring petitioner's profession Christian religion omitted.

redrafted. Also "were" substituted for

"reside" in penultimate line.

"A" substituted for "any" in sub-sections (1) and (2) owing to provisions of section 4 (1). Paragraphs (a) and (b) (ii), (iii), (v) and (vi) in S.S. Ordinance omitted. "incestuous" deleted.

In sections 7, 8 and 9 "going through the said form of marriage or the" deleted.

"not" transposed in paragraph (a).

"A" substituted for "Any" owing to pro-

visions of section 4 (2).

•

"Colony" substituted for "place in which

it was celebrated", see section 4 (2).

1246

Table of Correspondence,--Continued.

Straits

Settle-

ments

Hong Kong

Ordinance

No. 123

New

Ordinance

Section.

2 2 2

Remarks.

"A" substituted for "Any" owing to pro-

visions of section 4 (3).

"Counsel' substituted for "Advocate"

Reference to 1912 omitted.

Sub-sections (2) and (3) omitted owing to difference between clause 5 of the two enactments.

"said" deleted in sub-section (3).

"counsel" substituted for "advocate".

225

& 18 to

38 (1)

38 (2)

"Code of Civil Procedure for the time being in force" substituted for "Civil Procedure Code".

"or between the petitioner and the co- respondent, if any" added in sub-section (2). See section 8 (d).

"Code of Civil Procedure for the time being in force" substituted for "Civil Procedure Code".

"or allow service by notice published in

the Gazette" added.

"Full Court" substituted for "Court of

Appeal" twice.

"ZAULLYA

1247

Table of Correspondence,-Continued.

Straits

Settle-

ments

New Hong Kong

Ordinance

Remarks.

No. 123

Section.

Sectiou

Sections 45 and 46 of the S.S. Ordinance which provided that Church of England. clergy should not be liable to penalty or censure for refusing to solemnize certain marriages and for the celebration of such marriages by other persons have been omitted from the Hong Kong Ordinance as the Church of England has not been established in the Colony.

Section 46 is founded on the Judicial Pro- ceedings (Regulation of Reports) Act, 1926.

Schedule. Schedule.

"Chief Justice" substituted for "Judges of the Supreme Court or any of them of whom the Chief Justice shall be one". Paragraph (6) added.

Suspending clause required by Article 26

(1) of the Royal Instructions.

The forms in the Schedule have been alter- ed to conform with the differences between the Hong Kong Ordinance and the Straits Settlements model.

1248

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 406.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Reference to

Date.

Government

Notification.

16th April,

1924.

30th April,

1926.

29th October,

1926.

No. S. 301.

Netherland Indies.

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Federated

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

Settlements.

1st July, 1932.

No. S. 259.

French

Do:

Indo-China.

2nd July,

1932.

No. S. 260.

Philippine

Do.

Islands.

7th July,

1932.

No. S. 261.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

29th July, 1932.

21st October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

ין

1249

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 407.-Statement of Sanitary Measures adopted by Hong Kong.

Disease.

Port or Place.

Restriction in Force.

Cholera.

Amoy.

Quarantine and/or Disinfection at the discretion

of the Health Officer.

Cholera.

Foochow.

21st October, 1932.

Do.

Authority.

Notification No. 448 of 7th July, 1932.

Notification No. 570 of 2nd September, 1932.

E. R. HALLIFAX,

Colonial Secretary.

HARBOUR DEPARTMENT.

　　No. S. 408.--It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Repairs to No. 1 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

G. F. HOLE,

Harbour Master, &c.

19th October, 1932.

HARBOUR Department.

No. S. 409.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for Repairs to R. L. "Kwong Lee", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

Harbour Master, &c.

20th October, 1932.

1250

BOTANICAL AND FORESTRY DEPARTMENT.

　　　No. S. 410.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Flower Pots", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of November, 1932, for the supply of flower pots to the Botanical and Forestry Department during the year 1933.

For forms of tender, specifications and further particulars apply at this Office.

　　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $25 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person fails or refuses to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

21st October, 1932.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 411.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for supplying Blacksoil and Turfing" will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of November, 1932, for supplying blacksoil and turfing to the Botanical and-Forestry Department during the year 1933.

For forms of tender apply at this Office, where specifications and other particulars may be obtained.

No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

21st October, 1932.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

　　　No. S. 412.--It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for making Tree Pits, Planting Trees and Sowing Seeds in situ", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of November, 1932, for making tree pits, planting trees and sowing tree seeds in situ for the Botanical and Forestry Department during the year 1933.

For forms of tender, specifications and further particulars apply at this Office.

　　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $100 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

21st October, 1932.

H. GREEN,

Superintendent.

1251

BOTANICAL AND FORESTRY DEPARTMENT.

　　No. S. 413.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the Supply of Labour and Stores, Botanical and Forestry Department" will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of November, 1932, for the supply of labour and stores to the Botanical and Forestry Department during the year 1933.

For forms of tender, specifications and further particulars apply at this Office.

　　No tender will be considered unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $200 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person shall refuse to carry out his tender, should his tender be accepted.

The Government does not bind itself to accept the lowest or any tender.

21st October, 1932.

H. GREEN,

Superintendent.

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 414.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Purchase of Pine Trees, Brushwood and Prunings from Trees will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of November, 1932, for the purchase of Pine Trees, Brushwood and Prunings from Trees from the Botanical and Forestry Department for the year 1933.

For forms of tender, specifications and further particulars apply at this office.

The Government does not bind itself to accept the highest or any tender.

21st October, 1932.

H. GREEN,

Superintendent.

PUBLIC WORKS DEPARTMENT.

No. S. 415.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Crematorium at Kai Lung Wan Cemetery ", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of Novem- ber, 1932. The work consists of the erection of a Crematorium with two furnaces, subsidiary buildings and Caretaker's Quarters.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

19th October, 1932.

R. M. HENDERSON,

Director of Public Works.

1252

DISTRICT OFFICE, SOUTH.

　　　No. S. 416. It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 4th day of November, 1932.

　　　The Lot is to be let for the term of five years from the 4th day of November, 1932, at the highest annual Crown Rent as shall be bid at the time of letting not being less than $28 per annum, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No.470 of 1931 and Special Conditions hereunder specified.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Registry No.

Locality.

in Acres.

Annual Upset Crown Price.

Rent.

Lantao Island

Demarcation District

No. 313

Lot No. 669.

Tai O.

(about)

Nil

Subject to

readjustment as

provided by the

Conditions of

Sale.

SPECIAL CONDITIONS.

1. The land shall be used for agricultural purposes only. 2. The tenant may not mortgage or sublet the said lot.

3. The tenant shall pay Crown Rent annually in advance.

B. C. K. HAWKINS, District Officer, Southern District.

20th October, 1932.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

7th October, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 19 of 1932.

Notices of Adjudication and Appointment

of Trustee.

THE

Re Peter Leong Hing Kee alias Leong Kam Hung, of No. 22, Ice House Street, Victoria in the Colony of Hong Kong, Merchant formerly carrying on business in co-partner- ship with Augustin Leong Hing Kee "A. and alias Leong Kam Luen as P. Leong Hing Kee & Co."

HE above-named eter Leong Hing Kee, alias Leong Kam Hung was adjudicated Bankrupt on the 17th day of October, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

No. 20 of 1932.

Re Augustin Leong Hing Kee alias Leong Kan Luen, of No. 59, Des Vœux Road Central, victoria, in the Colony of Hong Kong, Merchant formerly carrying on business in co-partnership with Peter Leong Hing Kee alias Leong Kam lung as "A. and P. Leong Hing & Co.'

THE

HE above-named Augustin Leong Hing Kee, alias Leong Kam Luen, was ad- judicated 'ankrupt on the 17th day of October, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

No. 21 of 1932.

Re Gregorio Maria Xavier, of No. 334,

Hennessy Road, (top floor), Victoria,

in the Colony of Hong Kong, Clerk.

HE above-named Gregorio Maria Xavier,

THE ab ejudicated Bankrupt on the 8th

day of October, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

THE

No. 22 of 1932.

Re Leung Shiu Tak, of No. 13, Hill Road, (second floor), Victoria in the Colony of Hong Kong, Clerk.

THE above-named Leung Shiu Tak. was ad- judicated Bankrupt on the 8th day of October, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bank- rupt.

No. 23 of 1932.

Re Mak On Tai, of No. 403, Queen's Road West, (first floor), Victoria, in the Colony of Hong Kong, Clerk.

HE above-named Mak On Tai. was ad- judicated Bankrupt on the 8th day of October, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bank- rupt.

Dated the 20th day of October, 1932.

E. L. AGASSIZ,

Official Receiver

THE HONG KONG & WHAMPOA DOCK

COM ANY, LIMITED.

R. R. M. DYER having resigned his

pany, Notice is hereby given that MR. E COCK has been appointed Chief Manager.

By Order of the Board,

1256

IN THE SURPREME COURT OF HONG KONG,

IN BANKRUPTCY.

Notice of Receiviny Order and First General Meeting of (reditors.

No. 30 of 1932.

Re Frederico Alberts Baptista, of No. 20. Yuk Sau Street, ground floor, Happy Valley, Victoria, in the Colony of Hong Kong, Clerk.

Petition dated the 19th day of October, 1932. Receiving Order dated the 19th day of September, 1932.

OTICE is hereby given that Monday. the 31st day of October, 1932, at 10 30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be a-ked to consider whether the debtor shall be adjudged bankrupt.

Dated the 21st day of October, 1932.

E. L. AGASSIZ,

Official Receiver.

HONG KONG CRICKET CLUB.

OTICE is hereby given that the following Debentures were drawn at the Pavilion

on Tuesday, the 18th day of October, 1932:

Nos. Nos. Nos. Nos. Nos.

12 149

311 464

683

34 162

329

560

765

250

360 599

787

281

377

621

789

111

293

435

626

809

140 308 450

638

819

Holders of drawn Debentures who desire to be paid on the 31st October, 1932, are request- ed to inform the Treasurers, Messrs. Percy Smith, Seth & Fleming on or before Saturday, 4 the 29th October, 1932.

AND NOTICE is hereby given that Debentures numbered as above which are not cashed on the 31st October, 1932, will be paid on the 30th April, 1933, after which date they will cease to bear interest.

By Order of the Committee,

L. S. GREENHILL, Hon. Secretary.

Hong Kong, 19th October, 1932.

HONG KONG CRICKET CLUB.

NOTICE.

THE Annullition on Thursday, the 27th

HE Annual General Meeting will be held

October, 1932. at 5.30 p.m.

Hong Kong, 19th October, 1932.

NOTICE.

"Thereby notify the public that since the

21st October, 1932. WU CHOW SZE

and WU O SEE became partners of this firm. All the outstanding accounts prior to this date are responsible by me.

FRANK COLE.

General Manager. FRANK COLE & COMPANY.

J. P. WARREN, Chairman.

Hong Kong, 19th October, 1932.

Dated 21st October, 1932.

NOTICE.

In the Matter of The Fraudulent Trans- fers of Businesses Ordinance 1923,

and

In the Matter of The Shiu Wah Knit- ting Factory (or Mill), of Nos. 351 to 355, Laichikok Road, Kowloon.

OTICE is hereby given that an agreement dated the 14th day of October, 1932, has been entered into for the sale of the business of the above-named Factory and in pursuance to Section 3 of the above named Ordinance the following particulars are hereby given :--

(a) The Names and addresses of the

Trausferors are:-

Chan Siu Tai (陳肇大)

of No. 74, High Street, 1st floor, Victoria. Hong Kong.

Chan Sai Sui (H)

of No 76, Prince Edward Road, 2nd floor. Kewloon.

Chan Yu Tak (Be

of No. 357, Laichikok Road, 1st floor, Kowloon

Chan Wong Shi administratrix

of Chan Ming Chim

deceased of No.

370, Portland Street. 3rd floor

Chan Sui Wan (B)

of No. 193, Wing Lok Street, Victoria, Hong Kong.

b) The names and addresses of the

Transferees are :-

Chan Kwok Ying (陳國

of No. 193, Wing Lok

Street, Hong Kong.

Chan Shing Kung

公 of No. 74, Prince Ed-

ward Road, 2nd floor, Kowloon.

Chan Ka Kui(陳家駒)

of No 20, Bonham Strand East, Hong Kong.

Chan Ying Lam (B

(陳應

of No. 193, Wing Lok Street, Hong Kong

(d) Transferees will assume the liabili- ties incurred in the business by the transferors as are specified in the 2nd Schedule of the said agreement and any other outstanding liabilities which together do not exceed the sum of $200.00; all the other liabilities (if any) up to the date of the said agreement being defrayed by the transferors.

Dated the 20th October, 1932.

LO AND LO,

SOLICITORS, HONG KONG.

明聲受項

爲須司易業承與全記黃有黃理淸舊受黃盤股付思效思人楚歷改思生東道憶憶所公六名憶意志西簽有推月協黃貨圖五李黃字賒黃士昌思物別號思蓋欠思一合濂傢業協燦濂章揭憶日記李私願昌啓方借為交營燦頂將興

1257

In the Matter of the Companies Ordin-

ance 1911,

and

In the Matter of The Industrial and

Commercial Bank Limited.

(In Liquidation.)

SECOND DIVIDEND OF $20.00 PER CENTUM

NOTICE OF DIVIDEND.

dan

OTICE is hereby given that a Second Dividend of 20 per cent has been

declared in this matter payable on and after Tuesday. the 1st day of November, 1932, for Creditors who have proved :-

in Hong Kong, at the offices of

Messrs. Percy Smith, Seth & Fleming, No. 6, Des Voeux Road Central,

Hong Kong.

at Shanghai, at the offices of

Messrs. Seth, Mancell and McLure,

Avenue Edouard VII,

No. 9,

Shanghai.

Creditors applying for dividends are remind-

NOTI

(FILE NO. 331 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks

【OTICE is hereby given that The Arcade File Works of 3314 Lynn Street, City of Anderson, State of Indiana, United States of America have on the 14th day of May applied for registration in Hong Kong of the accompany- ing Trade Marks:-

( 1 )

ARCADE

TRAD MAR

( 2 )

THE ARCADE TILE WORKS

WORKS,

ANDERSON, IND. USA.

　　ed that Dividend Notices must be produced in the name of the said Arcade File Works who claim to be the proprietors together with Deposit Receipts, Bills of

thereof.

Exchange or other documents.

Hong Kong, 20th October, 1932.

J. HENNESSEY SETH, S. HAMPDEN ROSS,

Joint Liquidators

In the Matter of the Companies Ordin-

ances, 1911-1925,

and

In the Matter of The Lee Hing Motor

Transport Company, Limited.

(IN LIQUIDATION)

Tan Fxtraordinary General Meeting of the above-named Company, duly convened, and held at No. 25, Gilman Street, Victoria, in the Colon of Hong Kong, on Saturday, the 10th day of September, 1932, the following resolution was duly passed, and at a subsequent Extraordinary General Meeting of the said, Company, also held at No 25, Gilman Street, Victoria, Hong Kong, on Saturday, the 1st day of October, 1932, the same resolution was duly confirmed as a special resolution,

viz :-

"That the Company be wound-up voluntarily and that Mr. Woo Yee

Tung () of No. 77,

Pokfulum Road, Hong Kong be appointed Liquidator for the pur- poses of such winding-up."

Dated the 3rd October, 1932.

YEE CHUNG, Managing Director.

In the Matter of the Companies Ordin-

ances 1911-1925,

and

In the Matter of The Lee Hing Motor

Transport Company, Limited.

(IN LIQUIDATION)

NoTreditors of the above-named Company

OTICE is hereby given that a meeting of

will be held at the Company's registered office, No. 25. Gilman Street, 1st floor, in the City of Victoria, Hong Kong, at 2 30 p.m. on Saturday, 5th November, 1932, for the purposes provided in Section 181 of above-named Ordinance.

NOTICE is also hereby given that the Credi- tors of the above-named Company are required on or before the 4th November, 1932, to send in their names and addresses and particulars

The above Trade Marks have already been used by the applicants in respect of Files and Rasps in Class 23.

The two marks are to be associated with each other and the applicants disclaim the right to the exclusive use of the representation of a file and a box.

Mark No. 2 is limited to the colours shown thereon.

Facsimiles of the mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated this 21st day of October, 1932.

(FILE No. 298 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Yick Wah

མ-

PIX

ź梘華益

in the name of Yick Wah Hong, who claim to be the proprietors the reof.

The Trade Mark has been used by the ap- plicants in respect of Soap Flake in Class No. 47 sinee February, 1932.

Facsimiles of the Trade Mark are deposited for inspection in the Offices of the Registrar undersigned. The applicants disclaim the right of Trade Marks Hong Kong and also of the

to the exclusive use of the Chinese characters

of their claims to the undersigned, the Liquida-().

tor of the Company, in default thereof they will be excluded from the benefit of any dis- tribution of the Company's assets.

Dated this 18th day of October, 1932.

WOO YEE TUNG,

Liquidator.

Dated the 16th day of September, 1932.

YICK WAH HONG,

No. 23, 1st fr., Wing Wo Street, Hong Kong,

Ammasamta

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

(FILE NO. 335 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Mitsubishi No

Shoji Kaisha Limited of Japan, and of No. 14, Pedder Street, Victoria, Hong Kong, have, by an application dated the 8th day of September, 1932, applied for the registration. in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BULBUL

BRAND

in the name of the said Mitsubishi Shoji Kaisha

thereof. Limited, who claim to be the proprietors

The Trade Mark is intended to be used by the Applicants in respect of Wheat Flour in Class 42.

Dated the 16th day of September, 1932.

GEQ. K. HALD BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building,

V-

1258

(FILE NO. 348 or 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

Six Trade Marks.

NOTICE is hereby given that Foova Knit-

ting Factory, of No. 17, First Floor, Des Vœux Road We t, Hong Kong, aud Mong-Har,

Wet,

Macao, Knitting Manufacturers, have, on the 16th day of September, 1932, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

(FILE No. 314 OF 1930)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

NOTICE is hereby given that Griffith and Company formerly of Nos. 16 and 18, Queen's Road Central, now of No. 5 Queen's Road Central, Victoria, in the Colony of Hongkong, Merchants, have, on the 19th day of September 1930, applied for the registration in Hongkong in the Register of Trade Marks, of the following Trade Marks :-

(1)

EHD

TWO FRO65

OCTAGON

焦靶

GRIFFITH & CO

牌

FOOTA

(3)

KNITTO

/FACTY

(4)

(G & At

ELECTRICEAN

BANANA

(5)

(6)

香

EAR-RINGS

3JOSS STICKS

(3)

GRIFFITH & CO

(2)

行洋昌時

GRIFFITH & CO.

(51)

(4)

行洋昌時》

行洋昌時

925

燴丘葵

in the name of Foova Knitting Factory, who claim to be the proprietors thereof.

　　　　　　　Trade Mark No. 1 has been used by the applicants, in respect of Singlets in class 38 since March, 1932. Trade Mark No. 2 to No. 6 are intended to be used forthwith by the applicants in respect of Singlets, hosiery and underwears in class 38.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned,

Dated the 22nd day of October, 1932.

FOOVA KNITTING FACTORY, No. 17, Des Vœux Road West,

(First Floor), Hong Kong,

Applicants.

GRIFFITH & ca

GRIFFITH & CO.

in the name of Griffith and Company who claim to be the proprietors thereof.

The above-mentioned Trade Marks have been used by the Applicants and their predecessors in business, Messrs. T. E. Griffith Limited, as regards No. 1, since the year 1921, as regards Nos. 2 and 3, since the year 1922 and as regards Nos. 4 and 5, since the year 1923, and as regards Nos. 1, 2, 3 and 4, in class 24, in respect of Cotton piece goods of all kinds and as regards Nos. 1, 2, 3, 4 and 5 in class 34 in respect of Cloths and stuffs of wool, worst- ed or hair.

Facsimiles of such Trade Marks can be inspected at the offices of the Registrar of Tradee Marks of Hong Kong and of the undersigned.

Dated the 21st day of October, 1932.

LYSON HALL, Solicitors for the Applicants, 6, Queen's Road Central,

Hong Kong.

(FILE No. 269 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Four Trade Marks.

NOTICE is hereby given that Batten and

1259

(FILE NO. 242 of 1932)

TRADE MARKS ORDINANCE, 1909.

Company of China Building (Third NO

Floor), Queen's Road entral, Victoria, Hong Kong, Import and Export Merchant, have on the 29th day of July, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

:--

RABBIT BRAND

Application for Registration of a Trade Mark.

OTICE is hereby given that Societe Algama of No. 47, Hennessy Road, Wanchai, have on the 13th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark: ---

IMENT

TLAND

(FILE No. 265 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Stratton &

South Wales, Australia, Flour Millers, have Sons, Limited, of Cootamundra, New on the 30th day o. June, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

STRATTON

PATENT

SONS LTD

ROLLER

(2)

RABBIT BRAND

(3)

(4)

SCISSORS

TRADE

MARK

BRAND

"11

HER

in the name of Batten and Company, who claim to be the proprietors thereof.

Trade Mark No. (1) has been used by the applicants in respect of Common soap in Class 47 and is intended to be used forthwith by the applicants in respect of Perfumed soap in Class 48.

Trade Mark No. (2) has been used by the ap- plicants in respect of Canned Milk in Class 42. Trade Mark No. (3) is intended to be used forthwith by the applicants in respect of Chemical substances used in manufactures, photography or philosophical research and anti corrosives in Class I, and of Raw or partly prepared, vegetable, animal and mineral sub- stances used in manufactures not included in other classes in Class 4, and of Bleaching powder in Class 47,

Trade Mark No. (4) has been used by the applicants in respect of Glas- bulbs in Class 15. Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 19th day of August, 1932.

BATTEN AND COMPANY,

HONG-

in the name of Societe Algama, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forth- with by the applicants in respect of Portland Cement in Class 17.

Representations of the Trade Mark are de- posited for inspection in the offices of the Registrar of Trade Marks and also of the undersigned.

The applicants disclaim the right to the exclusive use of the words "St Florent."

Dated the 12th day of August, 1932.

SOCIETE ALGAMA,*

No. 47, Hennessy Road, Wanchai,

Hong Kong, Applicants.

(FILE No. 267 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Shewan Tomes & Company, of St. George's Building, Victoria in the Colony of Hong Kong, have on the 27th day of uly, 1932, applied for the registration in Hong Kong in the Register of Trade Marks, of the following Trade Mark :-

FIGHTING

COCK

BRAND

in the name of Shewan Tomes & Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to same forthwith in respect of Flour in Class 42.

use

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Vœux Road Central,

CONQUEROR

COUTAMUNDRA

AUSTRALIA.

in the name of Stratton & Sons, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicants since the year 1893, in respect of Flour in Class 42.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 19th day of August, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

(FILE No. 270 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

廠造織然超

商標

CHIU YIN FACTORY

in the name of Chiu Yin Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 38 in respect of Articles of Clothing.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 19th day of August, 1932.

RUSS & CO., Solicitors for the Applicants,

No. 6, Des Vœux Road Central.

(FILE No. 297 of 1932). TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Au Yeung

　　　　　　　　Mow Lung of No. 158, Hollywood Road, Hong Kong, has by application dated the 16th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

牌喜

油髮生隆戊陽歐

in the name of Au Yeung Mow Lung, who

claim to be the proprietors thereof.

　　　　　　　　The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hair Oil in Class 48.

　　　　　　Facsimiles of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 16th day of September, 1932.

AU YEUNG MOW LUNG, No. 158, Hollywood Road, Hong Kong, Applicants.

(FILE No. 268 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Good-

year Tire & Rubber Company, a cor-

TU-TONE

in the name of The Goodyear Tire & Rubber Company, who claim to be the proprietors thereof.

　　　　The Trade Mark has been used by the Ap- plicants since 25th. March, 1931, in respect of the following goods :-

Goods manufactured from india-rubber

and gutta-percha not included in other classes, in Class 40.

Dated the 19th day of August, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

1260

In the Matter of the Companies Ordin-

ance 1911-1930

und

In the Matter of The China New Era Steamship Company, Limited.

(IN LIQUIDATION).

OTICE is hereby given in pursuance of

Section 188 o the Companies Ordin- ances 1911, that a General Meeting of Members of the abovenamed Company will be held at the Offices of Messrs. Lyson & Hall, No. 6, Queen's Road Central, (2nd floor Victoria, Hong Kong, on Wednesday, the 16th day of November, 1932, at 3 o'clock pm. for the purpose of having an account lai before them showing how the property of the Company disposed of, and also of hearing any explanations that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed.

Dated the 15th day of October, 1932.

LAU YUK WAN,

Liquidator.

(FILE No. 309 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Lo Luk Karr

(盧六根) trading

trading as "Tso Pi (R) of No. 143, Queen's

Road Central, (1st Floor), Victoria, in the Colony Hong Kong, has on the 25th. day of August, 1932, applied for registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely :--

相根筆左

in the name of the said Lo Luk Kan trading as "Tso Pi Kun," who claims to be the sole pro- prietor thereof.

The Trade Mark is intended to be used by the Applicant in Class 3 in respect of Chemci l Substances prepared for use in Medicine and Pharmacy.

exclusive use

The Applicant disclaims the right to the of the Chinese characters

左筆根."

Facsimiles of such Trade Mark can be seen

(FILE No. 340 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that 2 in 1-chinola-

Bixby Corporation, a corporation organised and existig under the laws of New Jersey, United State of America, located at 88 Lexington Avenue, City of New York, United States of America, have on the 7th day of July, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Marks :---

(1)

SHINOLA

(2)

SHINOLA

in the name of 2 in 1-Shinola-Bixhy Corporation, who claim to be the sole proprietors thereof.

The Trade Mark have been used by the Ap- plica ts in respect of Cleaning, poli hing and renovating preparations adapted for use on footwear of leather, rubber or fabric: leather goods; harness: clothing floors; woodwork; furniture; linoleum: automobiles, and the lie; cleaners for white footwear and fabrics; polishes of all kinds in Class 50.

The Applicants disclaim the right to the exclusive use of the representation of a lin appearing in the Trade Mark No. 1.

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of

at the Offices of the Registrar of Trade Marks | Hong Kong and of the undersigned. and of the undersigned.

Dated the 16th day of September, 1932.

A. E. HALL & CO.,

Solicitors for the Applicant,

Pedder Building,

Hong Kong.

Dated the 16th day of September, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

PRINTED AND PUBLISHED BY NORONHA & Co., Printers to the Hong Kong GOVERNMENT.

1262

LEGISLATIVE COUNCIL.

No. S. 417.-The following Bill was read a first time at a meeting of the Council held on the 27th October, 1932 :-

C.S.O. 3 in 4299/32.

[No. 10-23.8.32.-2.

A BILL

Short title.

Application.

Mode of forming incorporated company.

19 & 20 Geo. 5 c. 23,

s. 1.

Require- ments with respect to

memoran- dum.

19 & 20 Geo.

5, c. 23,

s. 2.

INTITULED

An Ordinance to consolidate and amend the

law relating to Companies.

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 Ordinance, 1932.

2.-(1) This Ordinance applies to every company registered in this Colony, whether such company de 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.

PART I.

INCORPORATION OF COMPANIES AND MATTERS

INCIDENTAL THERETO.

Memorandum of Association.

3.-(1) Any seven or more persons, or, where the company to be formed will be a private company. any two or more persons, associated for any lawful purpose may, by subscribing their names to H memorandum of association (which must be printed in 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').

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 a company limited by shares or by 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.

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(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 mem- 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-

(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 Stamp and if it were a deed, and must be signed by each sub- signature of scriber in the presence of at least one witness who dum must attest the signature.

memoran-

19 & 20 Geo. 5, c. 23, s. 3. Ordinance

No. 8 of 1921.

Restriction

on alteration of memo-

6. A company may not alter the conditions con- tained in its memorandum except in the cases, in the mode and to the extent for which express provision randum. is made in this Ordinance.

19 & 20 Geo. 5, c. 23, s. 4.

extent to

(a) to carry on its business more economically

or more efficiently; or

(b) to attain its main purpose by new

improved means; or

company may be altered. 19 & 20 Geo. or 5, c. 23,

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.

(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

s. 5.

.....

Article

prescribing regulations for com- panies.

19 & 20 Geo. 5, c. 23,

s. 6.

Regulations required in case of

unlimited

company

or company limited by guarantee. 19 & 20 Geo. 5, c. 23,

s. 7.

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(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.

Provided that no part of the capital of the company shall be expended in any such purchase.

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.

Articles of Association.

9.-(1) In the case of an unlimited company the articles, if the company has a share capital, must state the amount of share capital with which the company proposes to be registered.

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(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 Adoption any of the regulations contained in Table A.

and applica- tion of

s. 8.

(2) In the case of a company limited by shares and Table A. registered after the commencement of this Ordinance, 19 & 20 Geo. if articles are not registered, or, if articles are 5, c. 23, registered, in so far as the articles do not exclude 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.

11. Articles must-

(1) be printed in the English language;

Printing, stamp, and signature of

(2) be divided into paragraphs numbered con- articles.

secutively;

19 & 20 Geo. 5, c. 23,

(3) bear the same stamp as if they were s. 9.

contained in a deed;

Ordinance No. 3 of

(4) be signed by each subscriber of the memo- 1921. 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 Alteration and to the conditions contained in its memorandum, of articles a company may by special resolution alter or add to by special its articles.

resolution, 19 & 20 Geo. 5, c. 23,

Form of Memorandum and Articles.

13. The form of-

(1) the memorandum of association of a com-

pany limited by shares;

Statutory forms of

memoran- dum and

(2) the memorandum and articles of association articles.

of a company limited by guarantee and not

　　　　　　19 & 20 Geo. 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.

Registration.

5, c. 23,

s. 11.

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.

limited.

s. 13.

Power of

company to hold lands. 19 & 20 Geo. 5, c. 23, s. 14.

Conclusive- ness of certificate

of incorpora- tion.

19 & 20 Geo. 5, c. 23,

s. 15.

company as limited. 19 & 20 Geo. 5, c. 23,

s. 16.

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(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.

16.-(1) A company incorporated under this Ordin- ance shall have power to hold lands:

(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 registrar in respect of any association shall be conclusive evidence that all the requirements of this Ordinance in respect of registration and of matters precedent and incidental thereto have been complied with, and that the association is a company authorised to be registered and duly registered under this Ordin-

ance.

Registration

18.-(1) Subject to the provisions of this section, of unlimited a company registered as unlimited may register under this Ordinance as limited, or a company already registered as a limited company may re-register under this Ordinance, but the registration of an unlimited company as a limited company shall not affect the 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 compan registered in pursuance of that Part.

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Provisions with respect to Names of Companies.

19.-(1) No company shall be registered by a name Restriction which-

on registra- tion of com-

SO certain be names.

5, c. 23,

(a) is identical with that by which a company panies by

in existence is already registered, or nearly resembles that name as to calculated to deceive, except where the 19 & 20 Geo. company in existence is in the course of s. 17. 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-

(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 ci Power to the Governor that an association about to be formed dispense

"Limited"

as a limited company is to be formed for promoting with commerce, art, science, religion, charity, or any other in name of useful object, and intends to apply its profits, if any, charitable or other income in promoting its objects, and to pro- and other hibit the payment of any dividend to its members, companies. the Governor may by licence direct that the associa- 5. c. 23, tion may be registered as a company with limited s. 18. liability, without the addition of the word "Limited" 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.

(4) A licence under this section be revoked by the Governor, and upon revocation may at any time 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:

19 & 20 Geo.

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Change of

name.

19 & 20 Geo. 5, c. 23,

s. 19.

Effect of

memoran- dum and articles.

19 & 20 Geo. 5. c. 23,

S. 20.

Provision as

dum and articles of companies limited by guarantee.

(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 with the approval of the Governor (or, in the case of a China company, with the approval of the Minister) signified in writing, change its name.

(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 meet the circumstances of the case.

General Provisions with respect to Memorandum and Articles.

22.-(1) Subject to the provisions of this Ordinance the memorandum and articles shall, when registered, bind the company and the members thereof to the same extent as if they respectively had been signed and sealed by each member, and contained covenants on the part of each member to observe all the 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.

23. (1) In the case of a company limited by to memoran- guarantee and not having a share capital, and reg- istered on or after the first day of January, nineteen 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.

19 & 20 Geo. 5. c. 23,

s. 21.

1269

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.

dum or

24. Notwithstanding anything in the memorandum Alterations or articles of a company, no member of the company in memoran- shall be bound by an alteration made in the memo- randum or articles after the date on which he became

articles a member, if and so far as the alteration requires him liability to increasing to take or subscribe for more shares than the number contribute held by him at the date on which the alteration is to share made, or in any way increases his liability as at that capital not date to contribute to the share capital of, or otherwise existing to pay money to, the company :

to bind

members

without

consent.

Provided that this section shall not apply in any 19 & 20 Geo. case where the member agrees in writing, either before 5, c. 23, or after the alteration is made, to be bound thereby. s. 22.

dum and articles to

25.-(1) A company shall, on being so required by Copies of any member, send to him a copy of the memorandum memoran- and of the articles, if any, and a copy of any

　　　　　　　　　　　　　　　Ordin- ance which alters the memorandum, subject to pay- be given to ment, in the case of a copy of the memoranduin and members. of the articles, of one dollar or such less sum as the 19 & 20 Geo. company may prescribe, and, in the case of a copy 5, c. 23. 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.

s. 23.

26.-(1) Where an alteration is made in the memo- Issued randum of a company, every copy of the memorandum copies of issued after the date of the alteration shall be in memoran- accordance with the alteration.

dum to embody alterations.

23,

(2) If, where any such alteration has been made, the 19 & 20 Geo. company at any time after the date of the alteration 5, c. issues any copies of the memorandum which are not in

　　　　　　　　　　　　　　　　　　　　　　　s. 24. 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 memorandum of a Definition company shall be deemed to have agreed to become of member. members of the company, and on its registration shall 19 & 20 Geo. be entered as members in its register of members. 5, c. 23,

(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 Companies.

s. 25.

28.-(1) For the purposes of this Ordinance, the Meaning of expression "private company' means

which by its articles-

a company

private

company. 19 & 20 Geo.

(a) restricts the right to transfer its shares; and 5, c. 23,

(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

s. 26.

Circum- stances in which com- pany ceases to be, or to enjoy privileges of, a private company.

19 & 20 Geo. 5, c. 23, s. 27. "Third Schedule."

Prohibition

on business

with fewer than seven or, in the

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(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, alters its articles in such manner that they no longer include the provisions which, under the last foregoing section of this Ordinance, are required to be included in the articles of a company in order to constitute it a private company, the company shall, as on the date of the alteration, cease to be a private company and shall, within a period of fourteen days after the said date, deliver to the registrar of companies for registra- tion a prospectus or a statement in lieu of prospectus in the form and containing the particulars set out in 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.

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.

30. If at any time the number of members of a of carrying company is reduced, in the case of a private company, below two, or, in the case of any other company, below seven, and it carries on business for more than six months while the number is so reduced, every person who is a member of the company during the time that it so carries on business after those six months and is cognisant of the fact that it is carrying on business with fewer than two members, or seven members, as the case may be, shall be severally liable for the payment of the whole debts of the com- pany contracted during that time, and may be severally sued therefor.

case of a private company, two members.

19 & 20 Geo. 5, c. 23,

■. 28.

Form of

contracts.

19 & 20 Geo

5, c. 23, s. 29.

Contracts, &c.

31.-(1) Contracts on behalf of a company may be made as follows:-

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(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.

promissory

32. A bill of exchange or promissory note shall be Bills of deemed to have been made, accepted, or endorsed on exchange and behalf of a company if made, accepted, or endorsed in notes. the name of, or by or on behalf or on account of, the 19 & 20 Geo. company by any person acting under its authority.

5, c. 23, s. 30.

of deeds abroad. 19 & 20 Geo.

33.-(1) A company may, by writing under its Execution 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 5, c. 23, the Colony (or, in the case of a China company, not s. 31. 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- Power for prise the transaction of business outside the Colony company to (or, in the case of a China company, outside the limits have official of the China Orders in Council), may, if authorised by abroad.

(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.

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, documents. and need not be under its common seal.

19 & 20 Geo. 5, c. 23, s. 33.

Dating and registration of pros- pectus. 19 & 20 Geo. 5, c. 23, 8. 34.

Specific re- quirements as to parti- culars in

prospectus.

19 & 20 Geo. 5, c. 23,

s. 35.

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PART II,

SHARE CAPITAL AND DEBENTURES.

Prospectus.

36. (1) A prospectus issued by or on behalf of a 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.

(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.

37.-(1) Every prospectus issued by or on behalf of a company, or by or on behalf of any person who is or has been engaged or interested in the formation of the company, must be in the English language and must state the matters specified in Part I of the Fourth Schedule to this Ordinance and set out the reports specified in Part II of that Schedule, and the said Part I and II shall have effect subject to the provisions contained in Part III of the said Schedule.

(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 hundred pounds.

(4) In the event of non-compliance with or con- travention of any of the requirements of this section,

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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 opinior. 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.

(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.

of terms

(2) This section shall not apply to a private com- pany.

in lieu of prospectus. 19 & 20 Geo.

5, c. 23, s. 36.

statements

in pros-

39.-(1) Where a prospectus invites persons to Liability for subscribe for shares in or debentures of a company-

(a) every person who is a director of the company pectus.

at the time of the issue of the prospectus; and 19 & 20 Geo.

　　　　　　　　　　　　5, c. 23, (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,

s. 37.

ין

1274

(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

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.

(4) For the purposes of this section-

The expression "expert" includes engineer, valuer, accountant, and any other person whose pro- fession gives authority to a statement made by him.

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shares or

40.-(1) Where a company allots or agrees to allot Document any shares in or debentures of the company with a containing view to all or any of those shares or debentures being offer of offered for sale to the public, any document by which debentures the offer for sale to the public is made shall for all for sale to purposes be deemed to be a prospectus issued by the be deemed company, and all enactments and rules of law as to prospectus. the contents of prospectuses and to liability in respect 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. of statements in and omissions from prospectuses, or s. 38. 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.

(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.

Allotment.

41.-(1) No allotment shall be made of any share capital of a company offered to the public for subs- of allotment Prohibition cription unless the amount stated in the prospectus as unless the minimum amount which, in the opinion of the minimum directors, must be raised by the issue of share capital in subscription order to provide for the matters specified in paragraph 19 & 20 Geo.

received. 5 in Part I. of the Fourth Schedule to this Ordin- 5, c. 23, ance has been subscribed, and the sum payable on

　　　　　　　　　　　　　　　　　　　　　　　　　　　s. 39. application for the amount so stated has been paid to and received by the company.

ོ་

Frohibition of allotment

in certain cases unless statement in lieu of prospectus delivered to registrar.

19 & 20 Geo. 5, c. 23,

s. 40.

Effect of irregular allotment.

19 & 20 Geo. 5, c. 23,

s. 41.

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(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.

Provided that a director shall not be liable if he proves that the default in the repayment 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.

(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- tion shall be liable to fine not exceeding one thousand dollars.

43.-(1) An allotment made by a company to an applicant in contravention of the provisions of the two last foregoing sections of this Ordinance, shall be voidable at the instance of the applicant within one month after the holding of the statutory meeting of 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 shall 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 :

1277

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 Return or a company limited by guarantee and having a as to share capital makes any allotment of its shares, the allotments. company shall within six weeks thereafter deliver to 5, c. 23, 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 services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and a return stating the number and nominal amount of shares so allotted, the extent to which they are to be treated as paid up, and the consideration for which they have been allotted,

19 & 20 Geo.

s. 42.

Commissions and Discounts.

1921.

45.-(1) It shall be lawful for a company to pay Power to a commission to any person in consideration of his pay certain subscribing or agreeing to subscribe, whether absolute- commis- ly or conditionally, for any shares in the company, prohibition

　　　　　　　　　　　　　　　　　　　　　sions, and or procuring or agreeing to procure subscriptions, of whether absolute or conditional, for any shares in of all other the company if-

commis- sions, dis-

(a) the payment of the commission is authorised counts, &c.

by the articles; and

19 & 20 Geo.

5, c. 23,

s. 43.

Statement in balance sheet as to commis- sions and discounts.

19 & 20 Geo. 5, c. 23, s. 44.

Prohibition

assistance

1278

(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 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.

(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.

46.-(1) Where a company has paid any sums by way of commission in respect of any shares or debentures or allowed any sums by way of discount in respect of any debentures, the total amount so paid or allowed, or so much thereof as has not been written off, shall be stated in every balance sheet of the company until the whole amount thereof has been 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.

47.-(1) Subject as provided in this section, it of provision shall not be lawful for a company to give, whether of financial directly or indirectly, and whether by means of a by company

loan, guarantee, the provision of security or other- for purchase wise, any financial assistance for the purpose of or in connection with a purchase made or to be made by any person of any shares in the company:

of its

own shares.

19 & 20 Geo. 5, c. 23, #. 45.

1279

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;

(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, Power to a company limited by shares may, if so authorised issue re- by its articles, issue preference shares which are, or deemable at the option of the company are to be liable, to be preference redeemed:

Provided that-

(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 redeemed unless they

are fully paid;

(d) where any such shares are redeemed out of the proceeds of a fresh issue, the premium, if any, payable on redemption, must have been provided for out of the profits of the company before the shares are redeemed

If a company fails to comply with the provisions of this subsection, the company and every officer of the company who is in default shall be liable to a fine not exceeding one thousand dollars.

shares.

19 & 20 Geo.

5, c. 23, 8. 46.

Power to

issue shares

at a dis-

count.

19 & 20 Geo.

5, c. 23,

s. 47.

1280

(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.

49.-(1) Subject as provided in this section, it shall be lawful for a company to issue at a discount 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.

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.

1281

Miscellaneous Provisions as to Share Capital.

50. A company, if so authorised by its articles, may Power of do any one or more of the following things-

company to arrange for

(1) Make arrangements on the issue of shares for different a difference between the shareholders in the amounts amounts and times of payment of calls their shares :

being paid on shares. 19 & 20 Geo.

s. 48.

(2) Accept from any member the whole or a part 5, c. 23,

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.

19 & 20 Geo.

51. A limited company may by special resolution Reserve determine that any portion of its share capital which liability of has not been already called up shall not be capable of limited being called up, except in the event and for the company. purposes of the company being wound up, and there- 5, c. 23, upon that portion of its share capital shall not be s. 49. capable of being called up except in the event and for the purposes aforesaid.

shares to alter its share

(a) increase its share capital by new shares of capital.

19 & 20 Geo. such amount as it thinks expedient;

5, c. 23,

(b) consolidate and divide all or any of its share s. 50. 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,

however, that 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;

(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 Notice to has-

registrar of consolida-

(a) consolidated and divided its share capital into tion of

shares of larger amount than its shares; or

(b) converted any shares into stock; or

existing share

capital, conversion of shares into stock, &c.

19 & 20 Geo. 5, c. 23,

(d) subdivided its shares or any of them; or (e) redeemed any redeemable preference shares; s. 51.

(f) cancelled any shares, otherwise than in con- nection with a reduction of share capital under section fifty-seven of this Ordinance,

محمد

Notice of increase of share capital.

1282

(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, whether its shares have or have not been converted into stock, has increased its share capital beyond the 19 & 20 Geo. registered capital, it shall within fifteen days after the passing of the resolution authorising the increase, give to the registrar of companies notice of the increase, and the registrar shall record the increase.

5, c. 23,

s. 52.

Power of unlimited company to provide for

reserve share capital on re-registra- tion.

19 & 20 Geo. 5, c. 23,

• s. 53.

Power of company to pay interest

out of capital in certain

cases.

19 & 20 Geo. 5, c. 23, s. 54.

(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 may, by its resolution for registration as a limited company in pursuance of this Ordinance, do either or both of the following things, namely:-

(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.

Provided that-

(a) No such payment shall be made unless it is authorised by the articles or by special resolution:

1283

(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:

Reduction of Share Capital.

of share

57.-(1) Subject to confirmation by the court, Special company limited by shares or a company limited by resolution guarantee and having a share capital may, if so for reduction authorised by its articles, by special resolution reduce capital. its share capital in any way, and in particular, with- 19 & 20 Geo. out prejudice to the generality of the foregoing power, 5, c. 23, 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

(c) either with or without extinguishing 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."'

s. 55.

58.-(1) Where a company has passed a resolution Application for reducing share capital, it may apply by petition to court for to the court for an order confirming the reduction. confirming

objections

order,

　　　　　　　　　　　　　　　　　　of objecting if the court so directs, the following provisions shail 19 & 20 Geo. have effect, subject nevertheless to the next following 5, c. 23, subsection:

(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

s. 56.

יין

Order confirming reduction

and powers of court

1284

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;

conditions as it thinks fit.

on making

such order.

5, c. 23,

s. 57.

Registra- tion of order and minute of reduction.

(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

60.-(1) The registrar of companies, on production to him of an order of the court confirming the reduction of the share capital of a company, and the delivery to him of a copy of the order and of a minute 19 & 20 Geo. approved by the court, showing with respect to the share capital of the company, as altered by the order, the amount of the share capital, the number of shares 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.

5, c. 23,

s. 58.

1285

(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 shal be deemed to be an alteration of the memorandum within the meaning of section twenty-six of this Ordinance.

respect of

reduced

61. (1) In the case of a reduction of share capital. Liability of a member of the company, past or present, shall members in not be liable in respect of any share to any call or contribution exceeding in amount the difference, if shares. any, between the amount of the share as fixed by the 19 & 20 Geo. minute and the amount paid, or the reduced amount, 5, c. 23, 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.

s. 59.

62. If any director, manager, secretary or other Fenalty on officer of the company-

(1) wilfully conceals the name of any creditor

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.

concealment of name of creditor. 19 & 20 Geo.. 5, c. 23,

s. 60.

יין

1286

Rights of holders of special classes of shares.

19 & 20 Geo. 5, c. 23,

s. 61.

Nature of shares.

19 & 20 Geo. 5, c. 23,

s. 62.

Transfer not to be registered except on production

of instru- ment of transfer.

19 & 20 Geo. 5, c. 23,

s. 63.

Variation of Shareholders' Rights.

court.

(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.

(6) The expression "variation" in this section includes abrogation and the expression "varied" shal be construed accordingly.

Transfer of Shares and Debentures, Evidence of Title &c.

64.

(1) The shares or other interest of any mem- ber in a company shall be personal estate, transferable in manner provided by the articles of the company, and shall not be of the nature of real estate

(2) Each share in a company having a share capital shall be distinguished by its appropriate number.

ས་ ་

יין

1287

66. A transfer of the share or other interest of a Transfer by deceased member of a company made by his personal personal representative shall, although the personal representa- representa. tive is not himself a member of the company, be as 19 & 20 Geo. valid as if he had been such a member at the time 5, c. 27 of the execution of the instrument of transfer.

tive.

s. 64.

67. On the application of the transferor of any Registration share or interest in a company, the company shall of transfer enter in its register of members the name of the at request

　　　　　　　　　　　　　　　　　　　　　　　　of trans- transferee in the same manner and subject to the feror. same conditions as if the application for the entry 19 & 20 Geo. were made by the transferee.

5, c. 23, s. 65.

68.-(1) If a company refuses to register a transfer Notice of of any shares or debentures, the company shall, within refusal to two months after the date on which the transfer was register

　　　　　　　　　　　　　　　　　　　　　　　　transfer. lodged with the company, send to the transferee notice 19 & 20 Geo. 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.

5, c. 23,

8. 66.

69. (1) Every company shall, within two months Duties of after the allotment of any of its shares, debentures, company or debenture stock, and within two months after the with respect date on which a transfer of any such shares, certificates.

to issue of

debentures, or debenture stock, is lodged with the 19 & 20 Geo. company, complete and have ready for delivery the 5, c. 23, certificates of all shares, the debentures, and the s. 67. certificates of all debenture stock allotted or trans- ferred, unless the conditions of issue of the shares, debentures, or debenture stock otherwise provide.

The expression "transfer" for the purpose of this Ordinance subsection means a transfer duly stamped and other- No. 8 of wise valid, and does not include such a transfer as

　　　　　　　　　　　　　　　　　　　　　　　　　1921. 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 Certificate to company, specifying any shares held by any member, be evidence shall be primâ facie evidence of the title of the mem- ber to the shares.

of title.

19 & 20 Geo. 5. c. 23, s. 68.

19 & 20 Geo.

71. The production to a company of any document Evidence of which is by law sufficient evidence of probate of the grant of will, or letters of administration of the estate, or probate. confirmation as executor, of a deceased person having 5, c. 23, been granted to some person shall be accepted by the s. 69. company, notwithstanding anything in its articles as sufficient evidence of the grant.

43.

Issue and effect of share warrants to bearer.

19 & 20 Geo. 5, c. 23, s. 70.

Penalty for personation of share- holder.

19 & 20 Geo. 5, c. 23, 3. 71.

Right of debenture holders and shareholders to inspect register of debenture holders and to have copies of

trust deed. 19 & 20 Geo. 5. c. 23,

S. 73.

Perpetual debentures,

1288

72.-(1) A company limited by shares, if SO authorised by its articles, may, with respect to any fully paid-up shares, issue under its common seal a warrant stating that the bearer of the warrant is entitled to the shares therein specified, and may provide, by coupons or otherwise, for the payment of the future dividends on the shares included in the 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.

Special Provisions as to Debentures.

74.-(1) Every register of holders of debentures of a company shall, except when duly closed, be open to the inspection of the registered holder of any such debentures, and of any holder of shares in the company, but subject to such reasonable restrictions as the company may in general meeting impose, so that not less than two hours in each day shall be allowed for inspection,

For the purposes of this subsection, a register shall be deemed to be duly closed if closed in accordance 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.

(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 'n 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 rot 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 in any deed for securing any debentures, whether 19 & 20 Geo. issued or executed before or after the commencement of this Ordinance shall not be invalid by reason only

5. c. 23, s. 74

1289

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- Power to mencement of this Ordinance a company has redeemed re-issue any debentures previously issued, then-

redeemed debentures

(a) unless any provision to the contrary, whether in certain express or implied, is contained in the articles cases. or in any contract entered into by the com- 5, c. 23,

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.

19 & 20 Geo.

s. 75.

77. A contract with a company to take up and Specific pay for any debentures of the company may be performance enforced by an order for specific performance.

of con-

tracts to

subscribe for debentures. 19 & 20 Geo.

5, c. 23, 8. 76.

Payment of certain

debts out of assets subject to floating charge in priority to claims under the charge. 19 & 20 Geo.

5, c. 23, s. 78.

1290

(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.

Registration of charges created by companies registered in the Colony.

19 & 20 Geo. 5, c. 23, s. 79.

PART III.

REGISTRATION OF CHARGES.

Registration of Charges with Registrar of Companies.

79.-(1) Subject to the provisions of this Part of this Ordinance, every charge created after the fixed date by a company registered in the Colony and being a charge to which this section applies shall, 80 far as any security on the company's property or undertaking is conferred thereby, be void against the liquidator and any creditor of the company, unless the prescribed particulars of the charge, together with the 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 or

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 ล copyright or a licence under a copyright.

1291

(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.

(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.

(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, for the

debenture holders;

together with the deed containing the charge, or, if there is no such deed, one of the debentures of the series :

Duty of company to register charges created by company.

19 & 20 Geo. 5, c. 23, s. 80.

Duty of company to register charges existing on property acquired. 19 & 20 Geo.

5, c. 23,

s. 81.

1292

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.

(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.

81.-(1) Where after the commencement of this Ordinance a company registered under this Ordinance acquires any property which is subject to a charge of any such kind as would, if it had been created by the company after the acquisition of the property, have been required to be registered under this Part of this Ordinance, the company shall cause the prescribed particulars of the charge, together with a (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:

copy

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 case 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.

1293

registrar of

82.-(1) The registrar of companies shall keep, with Register of respect to each company, a register in the prescribed charges to form of all the charges requiring registration under be kept by this Part of this Ordinance, and shall, on payment companies. of the prescribed fee, enter in the register with respect 19 & 20 Geo. to such charges the following particulars :-

5, c. 23,

(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.

(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.

3. 82.

83.-(1) The company shall cause a copy of every Endorse- certificate of registration given under the last fore- ment of going section to be endorsed on every debenture or certificate

of registra. certificate of debenture stock which is issued by the

　　　　　　　　　　　　　　　　　　　　　　　　tion on de- company, and the payment of which is secured by the bentures. charge so registered:

19 & 20 Geo. 5, c. 23, s. 83.

84. The registrar of companies may, on evidence Entry of being given to his satisfaction that the debt for which satisfaction. any registered charge was given has been paid or 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. satisfied, order that a memorandum of satisfaction be

　　　　　　　　　　　　　　　　　　　　　　　　s. 84. entered on the register, and shall, if required, furnish the company with a copy thereof.

85. The court, on being satisfied that the omission Rectification to register a charge within the time required by this of register Ordinance, or that the omission or misstatement of 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　of charges. any particular with respect to any such charge or in 5, c. 23, a memorandum of satisfaction; was accidental, or due 8. 85. to inadvertence or to some other sufficient cause, or

Registration of enforce- ment of security. 19 & 20 Geo. 5, c. 23, s. 86.

Copies of

1294

(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 instruments instrument creating any charge requiring registration creating

under this Part of this Ordinance to be kept at the charges to

registered office of the company: be kept by company.

19 & 20 Geo. 5, c. 23,

s. 87.

Company's register of charges. 19 & 20 Geo.

5, c. 23, s. 88.

Right to inspect copies of instruments creating mortgages and charges

and com- pany's register of charges. 19 & 20 Geo.

5, c. s. 89.

23,

Provided that, in the case of a series of uniform debentures, a copy of one debenture of the series shall be sufficient.

1295

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 Application shall extend to charges on property in the Colony of Part III

　　　　　　　　　　　　　　　　　　　　　to charges which are created, and to charges on property in created, and the Colony which is acquired, after the commencement property of this Ordinance, by a company (whether a company subject to within the meaning of this Ordinance or not) incor- charge ac- porated outside the Colony which has an established place of business in the Colony.

Transitional Provision as to matters required to be registered under this Ordinance, but not under former Ordinances.

quired by company incorporated outside the Colony. 19 & 20 Geo.

5, c. 23,

$. 90.

charges on property acquired, by

(a) any charge created by the company before company

the date of the commencement of this Ordin- before com- ance and remaining unsatisfied at that date, menceme

mencement which would have been required to be regis- ance. tered under the provisions of paragraphs (g), 19 & 20 Geo. (h) and (i) of subsection (2) of section 5, c. 23, seventy-nine of this Ordinance or under the s. 91 provisions of section ninety of this Ordinance, if the charge had been created after the com- mencement of this Ordinance; and

(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.

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.

PART IV.

MANAGEMENT AND ADMINISTRATION. Registered Office and Name.

92-(1) A company shall, as from the day on Registered which it begins to carry on business or as from the office of twenty-eighth day after the date of its incorporation, company whichever is the earlier, have a registered office in 19 & 20 Geo.

5, c. 23, the Colony (or, in the case of a China company, within

s. 92.

ין

Publication of name by company.

19 & 20 Geo. 5, c. 23,

s. 93.

1296

the limits of the China Orders in Council) to which all communications and notices may be addressed.

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-

(a) shall paint or affix, and keep painted or affixed, its name on the outside of every office or place in which its business is carried on, in a conspicuous position, in letters easily legible;

(b) shall have its name engraven in legible

characters on its seal;

(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

(and, if a China company, shall also prefix thereto the Chinese characters H):

(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.

1297

(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:

(c) issues or authorises the issue of any bill of parcels, invoice, receipt, or letter of cred t of the company, wherein its name is not mentioned in manner aforesaid;

Restrictions on Commencement of Business.

mencement of business.

94. (1) Where a company having a share capital Restrictions has issued a prospectus inviting the public to subscribe on com- for its shares, the company shall not commence any business or exercise any borrowing powers unless- 19 & 20 Geo.

5, c. 23, s. 94.

(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 an i allotment on the shares offered for public subscription; and

of companies for registration a

for registration a statutory declaration by the secretary or one of the directors, in the prescribed form, that the atoresaid 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 lie:: of prospectus; and

1298

(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.

(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.

(10) Upon the publication in the Gazette of the said notification, the company shall be deemed to be dis- solved.

1299

(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 Register of books in the English language a register of its mem- members.

19 & 20 Geo. bers, and enter therein the following particulars :

　　　　　　　　　　　　　　　5, c. 23, (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.

5, c. 23, which

　　　　　　　　　　　　　　　　　　　　　　　　　　s. 96. 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

are warrant the com- Provisions pany shall strike out of its register of members the as to entries name of the member then entered therein as holding in register the shares specified in the warrant as if he had ceased in relation 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.

to share warrants. 19 & 20 Geo.

5, c. 23,

s. 97.

Inspection of register of members.

19 & 20 Geo. 5, c. 23, s. 98.

Power to close register.

19 & 20 Geo. 5, c. 23, s. 99.

Power of court to rectify register.

19 & 20 Geo. 5, c. 23,

s. 100.

1300

(4) Until the warrant is surrendered, the particu- lars specified in subsection (1) of this section shall 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.

98.-(1) The register of members, commencing from the date of the registration of the company, and the index of the names of members, shall be kept at the registered office of the company, and, except when the register is closed under the provisions. 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 & 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.

(*) 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.

99. A company may, on giving notice by advertise- ment in some newspaper circulating in the district in which the registered office of the situate, close the register of members for any time of the company is or times not exceeding in the whole thirty days in each year.

100.-(1) If-

(a) the name of any person is, without sufficient cause, entered in or omitted from the register of members of a company; or

(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.

ין

1301

(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 or 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 this 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, Trusts not or constructive, shall be entered on the register, or to be be receivable by the registrar, in the case of com- panies registered in the Colony.

entered on register. 19 & 20 Geo. 5, c. 23, s. 101.

102. The register of members shall be primâ Register to facie evidence of any matters by this Ordinance be evidence. directed or authorised to be inserted therein.

19 & 20 Geo.

Local or Branch Registers.

5, c. 23, s. 102.

103.-(1) The registrar of companies may, subject Power for to instruction from the Governor, issue an annual company licence, available for the period of one year, to any local or to keep company other than a China company whose objects branch comprise the transaction of business outside the register. Colony, empowering such company, if it is authorised 19 & 20 Geo. so to do by its regulations as originally framed or as 5, c. 23, altered by special resolution, to keep in any place in

　　　　　　　　　　　　　　　　　　　　　　　s. 103. which it transacts business a register or registers of members: Frovided that a company applying for such licence must satisfy 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.

(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.

Regulations as to branch register.

19 & 20 Geo. 5, c. 23,

8. 104.

1302

(5) If any company or member thereof feels 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.

(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.

104.-(1) A local or branch register shall be deemed to be part of the company's register of members (in this and the next following section called "the principal register").

(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.

(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.

יין

ག

1303

(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.

certain

105.-(1) An instrument of transfer of a share Exemption registered in a local or branch register, shall be deemed from to be a transfer of property situate out of the Colony, duties in and, unless executed in any part of the Colony, shall case of be exempt from stamp duty chargeable in the shares Colony.

registered in local or branch registers. 19 & 20 Geo. 5, c. 23,

s. 105.

1932.

(2) No estate duty under the Estate Duty Ordin- Ordinance ance, 1932, shall be payable in respect of the share No. 3 of 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 Provisions part of His Majesty's dominions outside the Colony as to branch companies incorporated under that law have power registers of to keep in the Colony local or branch registers of

companies kept in the their members resident in the Colony, the Governor in Colony. Council may by Order direct that sections ninety 19 & 20 Geo. eight and one hundred of this Ordinance shall, subject 5, c. 23, 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.

Annual Return.

s. 107.

107.-(1) Every company having a share capital Annual shall once at least in every year make a return con-

return to be made by taining a list of all persons who, on the fourteenth day after the first or only ordinary general meeting having a company in the year, are members of the company, and of share all persons who have ceased to be members since capital. the date of the last return or, in the case of the 19 & 20 Geo. first return, of the incorporation of the company.

(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 cash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars :-

5, c. 23, s. 108.

ין

Annual

return to be made by company not having share capital.

19 & 20 Geo. 5, c. 23,

s. 109.

1304

(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;

(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.

108.-(1) Every company not having a share capital shall once at least in every calendar year make a return stating-

(a) the address of the registered office of the

company;

(b) all such particulars with respect to the per- sons who at the date of the return are the 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.

1305

returns.

109.-(1) The annual return must be contained in General a separate part of the register of members, and must provisions be completed within twenty-eight days after the first as to annual or only general meeting in the year, and the company 19 & 20 Geo. must forthwith forward to the registrar of companies 5, c. 23, a copy signed by a director or by the manager or by s. 110. 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:

(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.

company

s. 111.

Meetings and Proceedings.

111.-(1) A general meeting of every company Annual shall be held once at the least in every calendar general and not more than fifteen months after the holding 19 & 20 Geo.

year, meeting. of the last preceding general meeting.

5, c. 23, s. 112.

(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.

י{

Statutory meeting and statutory report. 19 & 20 Geo. 5, c. 23, 8. 113.

1306

112.-(1) Every company limited by shares and every company limited by guarantee and having a share capital shall, within a period of not less than one month nor more than three months from the date at which the company is entitled to commence business, hold a general meeting of the members of the company, which shall be called "the statutory meeting.

(2) The director 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 partiy paid up otherwise than in cash, and stating 111 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;

() 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.

(7) The members of the company present at the ineeting 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,

יין

1307

either before or subsequently to the former meeting, may be passed, and the adjourned meeting shall have the same powers as an original meeting.

(10) This section shall not apply to a private com- pany.

19 & 20 Geo.

113.-(1) The directors of a

　　　　company, notwith- Convening standing anything in its articles, shall, on of extra-

the requisition of members of the company holding at

ordinary the date of the deposit of the requisition not less than meeting on one-tenth of such of the paid-up capital of the com requisition. pany as at the date of the deposit carries the right 5, c. 23, of voting at general meetings of the company, or. s. 114. 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.

(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.

(5) Any reasonable expenses incurred by the 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.

114.-(1) The following provisions shall have effect Provisions in so far as the articles of the company do not make as to other provision in that behalf :---

meetings and votes.

5, c. 23,

(a) a meeting of a company, other than a meet- 19 & 20 Geo.

ing for the passing of a special resolution, may s 115. be called by seven days' notice in writ-

ing;

1308

(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;

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.

(2) If for any reason it is impracticable to call 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 directions. 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.

Representa- tion of companies at meetings of other companies

and of creditors. 19 & 20 Geo. 5, c. 23,

s. 116.

115.-(1) A corporation, whether a company within the meaning of this Ordinance or not, may-

(a) if it is a member of another corporation, be- ing a company within the meaning of this Ordinance, by resolution of its directors cr other governing body authorise such person as it thinks fit to act as its representative at any meeting of the company or at any meeting of any class of members of the company;

ין

1309

where

116.-(1) A resolution shall be an extraordinary Provisions resolution when it has been passed by a majority of as to extra- not less than three fourths of such members as, ordinary being entitled so to do, vote in person or,

and special proxies are allowed, by proxy, at a general meeting 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　resolutions. of which notice specifying the intention to propose 5, c. 23, the resolution as an extraordinary resolution has been s. 117. duly given.

(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-

(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.

117.-(1) A printed copy of every resolution or Registration agreement to which this section applies shall, within and copies fifteen days after the passing or making thereof, be of certain forwarded to the registrar of companies and recorded resolutions by him.

and agree- ments. 19 & 20 Geo. 5, c. 23, s. 118.

1310

(3) Where articles have not been registered, 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 corn- pany may direct.

(4) This section shall apply to--

(a) Special resolutions;

(b) Extraordinary resolutions;

(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.

(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.

Resolutions passed at adjourned

meetings.

19 & 20 Geo.

5, c. 23,

s. 119.

of this

118. Where after the commencement Ordinance a resolution is passed at an adjourned meet- 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.

Minutes of

119.-(1) Every company shall cause minutes of proceedings all proceedings of general meetings, and where there of meetings and

are directors or managers, of all proceedings at meet- directors.

ings of its directors or of its managers, to be entered in books kept for that purpose.

19 & 20 Geo. 5, c. 23, s. 120.

1311

(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.

19 & 20 Geo.

120.-(1) The books containing the minutes of Inspection proceedings of any general meeting of a company held of minute after the commencement of this Ordinance shall be books. kept at the registered office of the company, and shall 5, c. 23, during business hours (subject to such reasonable s. 121. restrictions as the company may by its articles or in general meeting impose, so that no less than two hours in each day be allowed for inspection) be open to the inspection of any member without charge.

(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.

Accounts and Audit.

121.-(1) Every company shall cause to be kept Keeping of proper books of account with respect to-

books of

account.

(a) all sums of money received and expended by 19 & 20 Geo. the company and the matters in respect of 5, c. 23, 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:--

s. 122.

'''༎།

Profit and

loss account and balance sheet.

19 & 20 Geo. 5, c. 23, s. 123.

1312

(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 in default by the company thereunder, he shall, 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.

122.-(1) The directors of every company shall at some date not later than eighteen months after the incorporation of the company and subsequently once at least in every calendar year lay before the com- pany in general meeting a profit and loss account or, in the case of a company not trading for profit, an income and expenditure account for the period, in the case of the first account, since the incorporation of the company, and, in any other case, since the preceding account, 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:

1313

Provided that a person shall not be sentenced to imprisonment for an offence under this section uniess. in the opinion of the court dealing with the case, the offence was committed wilfully.

s. 124.

123.-(1) Every balance sheet of a company shall sheet. contain a summary of the authorised share capital and 19 & 20 Geo. of the issued share capital of the company, its 5, c. 23, 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 (e) 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.

(4) The provisions of this section are in addition to other provisions of this Ordinance requiring other matters to be stated in balance sheets.

companies

124. Where any of the assets of a company consist Assets con- of shares in, or amounts owing (whether on account sisting of of a loan or otherwise) from a subsidiary company shares in or subsidiary companies, the aggregate amount of subsidiary those assets, distinguishing shares and indebtedness, to be shall be set out in the balance sheet of the first- set out mentioned company separately from all its other separately assets, and where a company is indebted, whether in balance on account of a loan or otherwise, to a subsidiary 19 & 20 Geo.. company or subsidiary companies, the aggregate 5, c. 23, amount of that indebtedness shall be set out in the s. 125. balance sheet of that company separately from all its other liabilities.

sheet.

125.-(1) Where a company (in this section referred Balance to as "the holding company") holds shares either sheet to directly or through a nominee in a subsidiary company

include or in two or more subsidiary companies, there shall as to sub-

particulars be annexed to the balance sheet of the holding com- sidiary pany a statement, signed by the persons by whom in companies. pursuance of section one hundred and twenty-eight of 19 & 20 Geo.. this Ordinance the balance sheet is signed, stating s. 126.

　　　　　　　　　　　　　　　　　　　5, c. 23, 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

Meaning of subsidiary company.

19 & 20 Geo. 5, c. 23, s. 127.

1314

(b) losses of a subsidiary company have veen 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:

(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.

other company,

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1315

127.-(1) The accounts which in pursuance of this Accounts Ordinance are to be laid before every company in to contain general meeting shall, subject to the provisions of this particulars section, contain particulars showing-

as to loans to, and

(a) the amount of any loans which during the remunera-

period to which the accounts relate have been

tion of, made either by the company or by any other &c.

directors, person under a guarantee from or on a security 19 & 20 Geo. provided by the company to any director or 5, c. 23, officer of the company, including any such s. 128. 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

(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 oan made by the company in the ordinary course of its business; or

(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 a 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.

"emoluments"

(5) In this section the expression 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 Sigmag of be signed on behalf of the board by two of the directors balance of the company, or, if there is only one director, by sheet. that director, and the auditors' report shall be attached 19 & 20 Geo. to the balance sheet, and the report shall be read 5, c. 23, before the company in general meeting, and shall be

s. 129. open to inspection by any member.

Kar

Right to receive

copies of balance

sheets and

auditors'

report.

19 & 20 Geo. 5, c. 23,

s. 130.

Banking and certain other com- panies to publish periodical statement.

19 & 20 Geo. 5. c. 23,

s. 131.

1316

129.-(1) In the case of a company not being a private company-

(a) 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 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:

(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.

130. (1) Every company, being a limited banking company or an insurance company or

　　　　　　or a deposit, provident, or benefit society, shall, before it com- mences business, and also on the first Monday in February and the first Tuesday in August in every year during which it carries on business, make a statement in the English language in the form set out in the Seventh Schedule to this Ordinance, or 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.

(3) 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.

1317

(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 Ordinances company to which the provisions of the Life Insurance Nos. 11 of Companies Ordinance, 1907, or the Fire and Marine Ordinance

1907, Insurance Companies Deposit Ordinance, 1917, apply, No. 32 of if the company complies with those provisions. 1917.

131.-(1) Every company shall at each annual Appoint general meeting appoint an auditor or auditors to hold ment and office until the next annual general meeting.

remunera-

tion of auditors.

(2) If an appointment of auditors is not made at 19 & 20 Geo. an annual general meeting, the Court may, on the 5, c. 23, application of any member of the company, appoint an auditor of the company for the current year.

are

(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 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 list unless he deems him in all respects fit and any such 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 second auditor

s. 132,

ין

Disqualifica- tion for appoint- ment as auditor. 5, c. 23, 19 &20 Geo. s. 133.

1318

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.

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 powers 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 qualified for appointment as auditor of a company-

(a) a director or officer of the company; (b) except where the company is a private com- pany, a person who is a partner of or in the employment of an officer of the company;

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1319

133.-(1) The auditors shall make a report to the Auditors' members on the accounts examined by them, and on report and every balance sheet laid before the company in general auditors' meeting during their tenure of office, and the report right of

shall state-

access to books and

attend

meetings. 19 & 20 Geo.

(a) whether or not they have obtained all the in- right to formation and explanations they have required; general and

(b) whether, in their opinion, the balance sheet 5, c. 23,

referred to in the report is properly drawn up s. 134. 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:

Inspection.

134.--(1) The court may appoint one or more Investiga- competent inspectors to investigate the affairs of a tion of company and to report thereon in such manner as affairs of they direct

company by inspectors. (a) In the case of a banking company having &

　　　　　　　　　　19 & 20 Geo share capital, on the application of members

5, c. 23, holding not less than one-third of the shares

s. 135. issued:

(b) In the case of any other company having a 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 com- pany's register of members.

Proceedings on report by inspectors.

19 & 20 Geo.

5, c. 23, 8. 136.

1320

(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.

The report shall be written or printed, as the court may direct.

135.-(1) If from any report made under the last foregoing section it appears to the court that any person has been guilty of any offence in relation to the company for which he is criminally liable, the court may direct that the matter shall be referred to the Attorney General.

(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 be 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;

יין

1321

(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 ne 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 Power of appoint inspectors to investigate its affairs.

company to appoint inspectors.

s. 137.

(2) Inspectors so appointed shall have the same 19 & 20 Geo. powers and duties as inspectors appointed by the 5, c. 23, 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.

137. A copy of the report of any inspectors Report of appointed under this Ordinance, authenticated by the inspectors to seal

of the company whose affairs they have be evidence. investigated, shall be admissible in any legal pro- 19 & 20 Geo. ceeding as evidence of the opinion of the inspectors in 5, c. 23, relation to any matter contained in the report.

Directors and Managers.

s. 138.

138.-(1) Every company registered after the com- Number of mencement of this Ordinance shall have at least two directors. directors.

(2) This section shall not apply to a private com- pany,

19 & 20 Geo. 5, c. 23, s. 139.

ment of

139.-(1) A person shall not be capable of being Restrictions appointed director of a company by the articles, and on appoint- shall not be named as a director or proposed director ment or of a company in a prospectus issued by or on behalf advertise- of the company, or as proposed director of an intended director. company in a prospectus issued in relation to that 19 & 20 Geo. intended company, or in a statement in lieu of 5, c. 23, prospectus delivered to the registrar by or on behalt s. 140. 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-

(a) signed and delivered to the registrar of com- panies for registration a consent in writing to act as such director; and

1322

Qualifica-

tion of

director or manager.

(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 or 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.

(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.

5, c. 23, s. 141.

(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 shail. not be deemed to be the holder of the shares specified in the warrant,

(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

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1323

charged

141.-(1) If any person being an undischarged Frovisions bankrupt acts as director of, or directly or indirectly as to undis- takes part in or is concerned in the management of, bankrupts any company except with the leave of the court by acting as which he was adjudged bankrupt, he shall be liable directors. on conviction on indictment to imprisonment for a 19 & 20 Geo. term not exceeding two years, or on summary convic-5, c. 23, 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.

(3) In this section the expression 'company" includes an unregistered company and a company incorporated outside the

the Colony which has established place of business within the Colony, and the expression "official receiver" means the official receiver in bankruptcy.

8. 142.

acts of

142. The acts of a director or manager shall be Validity of valid notwithstanding any defect that may afterwards be discovered in his appointment or qualification.

directors. 19 & 20 Gen.

5, c. 23, B. 143.

143.-(1) Every company shall keep at its regis- Register of tered office a register of its directors or managers directors. containing with respect to each of them the following particulars, that is to say-

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 forın 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.

19 & 20 Geo.

5, c. 23, s. 144.

Particulars

with respect to directors in trade ratalogues, circulars, &c.

19 & 20 Geo. 5 c. 23,

⚫ 145.

Ordinance No. 16 of 1911.

1324

(3) The register to be kept under this section shail 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.

(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.

144. (1) Every company to which this section applies shall, in all trade catalogues, trade circulars, showcards and business letters on or in which the company's name appears and which are issued or sent by the company to any person in any part of His Majesty's dominions, state in legible characters with respect to every director being a corporation, the cor- porate name, and with respect to every director being an individual, the following particulars-

(a) his present christian name, or the initials

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:

(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

(c) every company registered under the Money- lenders Ordinance, 1911, whenever it was registered or whenever it established a place of business.

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;

}

1325

(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 Limited directors or managers, or of the managing director, company may, if so provided by the memorandum, be un- may have limited.

directors with un- limited

　　　　　　　　　　　　　　　　　　　　s. 146. 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.

146.-(1) A limited company, if so authorised by Special re- its articles, may, by special resolution, aiter its solution of memorandum so as to render unlimited the liability limited of its directors, or managers, or of any managing company director.

making liability of directors

(2) Upon the passing of any such special resolution unlimited. the provisions thereof shall be as valid as if they had 19 & 20 Geo. been originally contained in the memorandum.

5, c. 23, s. 147.

to be fur-

5, c. 23, be necessary, by the auditors of the company, show- ing as respects each of the last three preceding years

Disclosure

by directors of interest in contracts. 19 & 20 Geo.

5, c. 23, $. 149.

1326

(a) a director of any other company which is in relation to the first-mentioned company ว 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

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-

(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.

(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.

(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.

ין

1327

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.

directors for

149.--(1) It is hereby declared that it is not lawful Provision as in connection with the transfer of the whole or any to payments part of the undertaking or property of a company for received by any payment to be made to any director of the com- loss of office pany by way of compensation for loss of office, or or on retire- as consideration for or in connection with his retire- ment. ment from office, unless particulars with respect to 19 & 20 Geo. the proposed payment, including the amount thereof, 5, c. 23, 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 foregcing subsection. are not 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.

(5) If in connection with any such transfer 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.

s. 150.

Provisions

as to assign-

ment of office by directors. 19 & 20 Gec. 5, c. 23, s. 151.

Provisions as to lia-

bility of officers and auditors.

19 & 20 Geo. 5, c. 23,

s. 152.

Power to

with credi- tors and members.

1328

150. If in the case of any company provision is made by the articles or by any agreement entered into between any person and the company for empowering a director or manager of the company to assign his office as such to another person, any assignment of office made in pursuance of the said provision shall, notwithstanding anything to the contrary contained 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.

Provided that-

(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 him 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-four of this Ordinance in which relief is granted to him by the court.

Arrangements and Reconstructions. 152.-(1) Where a compromise or arrangement is compromise proposed between a company and its creditors or any class of them, or between the company and its members or any class of them, the court may, on the application in a summary way of the company or of any creditor or member of the company, or, in the case of a company being wound up, of the liquidator, 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.

19 & 20 Geo. 5, c. 23, s. 153.

(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.

1329

(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.

to the Provisions

struction

153.-(1) Where an application is made court under the last foregoing section of this Ordinance for facilitat- for the sanctioning of a compromise or arrangement ing recon- proposed between a company and any such persons and amalga- as are mentioned in that section, and it is shown to mation of the court that the compromise or arrangement has companies. been proposed for the purposes of or in connection 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　　5, c. 23, with a scheme for the reconstruction of any company

s. 154. 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 transferer company;

(b) the allotting or appropriation by the transferee company of any shares, debentures, policies, which or other like interests in that company 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, case of any the transferee company, and in the property, if the order so directs, freed from any charge which is by virtue of the compromise or arrangement to cease to have effect.

(8) 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

حمه الله ور

Fower to acquire shares of shareholders dissenting from

scheme or contract

approved by majority. 19 & 20 Geo. 5, c. 23, s. 155.

1330

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.

154.-(1) Where a scheme or contract involving the transfer of shares or any class of shares in a com- pany (in this section referred to as "the transferor company') to another company, whether a company within the meaning of this Ordinance or not (in this section referred to as "the transferee company'), has within four months after the making of the offer in that behalf by the transferee company been approved by the holders of not less than nine-tenths in value of the shares affected, the transferee company may, at any time within two months after the 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 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 scheme

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 on 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.

(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.

1331

PART V.

WINDING Up.

(i) PRELIMINARY,

Modes of Winding Up.

155.-(1) The winding up of a company may be Modes of

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.

Contributories.

winding up. 19 & 20 Geo.

5, c. 23,

s. 156.

members.

156.-(1) In the event of a company being wound Liability as up, every present and past member shall be liable to contributories contribute to the assets of the company to an amount of present sufficient for payment of its debts and liabilities, and and past the costs, charges, and expenses of the winding up, 19 & 20 Geo. and for the adjustment of the rights of the

con- 5, c. 23, tributories among themselves, subject to the provi- s. 157. sions of subsection (2) of this section and the following qualifications:-

(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- pany contracted after he ceased to be a member:

(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 armount 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 insurance 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,

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- tributories 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 commence- ment of the winding up a member of an unlimited company:

1332

Definition of

contributory. 19 & 20 Geo. 5, c. 23, s. 158.

Nature of liability of contributory. 19 & 20 Geo. 5, c. 23, s. 159.

Contribu- tories in case of

death of

member.

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.

157. The term "contributory" means every person liable to contribute to the assets of a company in the event of its being wound up, and for the purposes of all proceedings for determining, and all proceedings prior to the final determination of, the persons who are to be deemed contributories, includes any person alleged to be a contributory.

159.-(1) If a contributory dies either before or after he has been placed on the list of contributories, his personal representatives (and his heirs or other inheritors in countries where property does not pass 19 & 20 Geo. to personal representatives) shall be liable in due course of administration to contribute to the assets of s. 160.

the company in discharge of his liability and shall be contributories accordingly.

5, c. 23,

Contribu- tories in case of

bankruptcy of member. 19 & 20 Geo. 5. c. 23, s. 161.

Provision as to married

(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.

160. If a contributory becomes bankrupt, either before or after he has been placed on the list of con- tributories--

(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 married before the first day of January, 1883, shall women Geo. during the continuance of the marriage, be liable, as respects any liability attaching to any shares acquired by her before that date, to contribute to the assets

19 & 20

5. c. 23,

s. 162.

1333

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 Ordinance shall affect the provisions of the Married Women's No. 5 of Property Ordinance, 1906.

1906, s. 27.

(ii) WINDING UP BY THE COURT.

Jurisdiction.

162. The Court shall have jurisdiction to wind Jurisdiction up any company registered in the Colony.

Cases in which Company may be wound up

by Court,

to wind up companies registered in the Colony. 19 & 20 Geo. 5, c. 23,

s. 163.

163. A company may be wound up by the court Circum- if-

stances in which com-

(1) the company has by special resolution resolved pany may that the company be wound up by the court be wound (2) default is made in delivering the statutory 19 & 20 Geo up by court report to the registrar or in holding the statu- 5, c. 23, tory meeting:

Oľ

(3) the company does not commence its business within a 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.

s. 168.

164. A company shall be deemed to be unable to Definition 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 18 unable to pay its debts, the court shall take into account the contingent and prospective liabilities of the company.

Petition for Winding Up and Effects thereof.

of inability to pay

debts.

19 & 20 Geo. 5, c. 23, s. 169.

165. (1) An application to the court for the Provisions winding up of a company shall be by petition, pre as to appli sented subject to the provisions of this section either cations for by the company, or by any creditor or

winding up. creditors

　　　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. (including any contingent or prospective creditor or 5, c. 23, creditors), contributory or contributories, or by all or s. 170. 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 is reduced, in the case of a private company, below two, or, in the case of any other company, below reven; or

יך

Powers of court on hearing petition. 19 & 20 Geo.

5, c. 23,

s. 171.

Power to

stay or re- strain pro- ceedings against

company. 19 & 20 Geo.

5, c. 27. s. 172.

1334

(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

(3) Where under the provisions of this Part of this Ordinance any person as being the husband of રી female contributory is himself a contributory, and a share has during the whole or any part of the six 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 heen held by and registered in the name of the husband.

166.-(1) On hearing a winding-up petition the court may dismiss it, or adjourn the hearing con- ditionally or unconditionally, or make any interim order, or any other order that it thinks fit, but the court shall not refuse to make a winding-up order on the ground only that the assets of the company 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 court, responsible for the default.

are

167. At any time after the presentation of a winding-up petition, and before a winding-up order has been made, the company, or any creditor or con- tributory, may--

(a) where any action or proceeding against the company is pending in any court, apply to the court in which the action or proceeding is pending for a stay of proceedings therein; and

1335

(b) where any other action or proceeding is 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.

dispositions

168. In a winding up by the court, any dis- Avoidance of 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, commence made after the commencement of the winding up, ment of shall, unless the court otherwise orders, be void.

winding up.

19 & 20 Ge..

5. c. 23, s. 173.

ments, &c.

169. Where any company is being wound up by Avoidance the court, any attachment, sequestration, distress, or of attach- execution put in force against the estate or effects of 19 & 20 Geo. the company after the commencement of the winding 5, c. 23, up shall be void to all intents.

Commencement of Winding Up.

s. 174.

170.--(1) Where before the presentation of a peti- Commence- tion for the winding up of a company by the court a ment of resolution has been passed by the company for winding up

by the voluntary winding up, the winding up of the com- court. pany shall be deemed to have commenced at the 19 & 20. Geo, time of the passing of the resolution, and unless the 5, c. 23, court, on proof of fraud or mistake, thinks fit other. s. 175. 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 Copy of of the order must forthwith be forwarded by the order to be company, or otherwise as may be prescribed, to the forwarded

　　　　　　　　　　　　　　　　　　to registrar. registrar of companies, who shall make a minute

19 & 20 Geo. thereof in his books relating to the company.

5, c. 23, s. 176.

172. When a winding-up order has been made, or a Actions provisional liquidator has been appointed, no action or stayed on proceeding shall be proceeded with or commenced winding up against the company except by leave of the court, and order. subject to such terms as the court may impose.

19 & 20 Geo. 5, c. 23, s. 177.

173. An order for winding up a company shall operate in favour of all the creditors and of all the Effect of contributories of the company as if made on the joint order.

winding-up petition of a creditor and of a contributory.

Official Receiver in Winding Up.

19 & 20 Geo

5, c. 23, s. 178.

Official

winding-up purposes. may appoint, or, if there is no such official receiver, 19 & 20 Geo. then an officer appointed for the purpose by the 5, c. 23,

Governor

s. 179.

Appoint-

ment of official

receiver by Court in certain

cases.

19 & 20 Geo. 5, c. 23, s. 180.

Statement

of company's affairs to be submitted to official receiver.

19 & 20 Geo. 5, c. 23, s. 181.

1336

(3) Any such officer shall for the purpose of his duties under this Ordinance be styled "the official receiver.

175. If in the case of the winding up of any com- pany by the court it appears to the court desirable, with a view to securing the more convenient and economical conduct of the winding up, that some officer, other than the person who would by virtue of the last foregoing section of this Ordinance be the official receiver, should be the official receiver for the purposes of that winding up, the court may appoint 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.

176.--(1) Where the court has made a winding-up order or appointed a provisional liquidator, there shall, unless the court thinks fit to order otherwise and so orders, be made out and submitted to the official receiver a statement as to the affairs of the company in the prescribed form, verified by affidavit, and show- ng the particulars of its assets, debts, and liabilities, 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.

(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;

(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.

יין

1337

―

177.-(1) In a case where a winding-up order is Report by made, the official receiver shall, as soon as practicable official after receipt of the statement to be submitted under receiver.

　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. the last foregoing section, or, in a case where the court 5, c. 23, orders that no statement shall be submitted, as soon as s. 182. 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

(e) 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.

Liquidators.

178. For the purpose of conducting the pro- Power of ceedings in winding up a company and performing court to such duties in reference thereto as the court may im- appoint pose, the court may appoint a liquidater or liquidators. liquidators

19 & 20 Geo 5, c. 23, s. 183.

179.-(1) Subject to the provisions of this section, Appoint- the court may appoint a liquidator provisionally at ment and any time after the presentation of a winding up powers of petition.

provisional liquidator. 19 & 20 Geo.

(2) The appointment of a provisional liquidator may 5, c. 23, be made at any time before the making of a winding up s. 184. 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 Appoint- liquidators shall have effect on a winding-up order ment, style being made:-

&c. of liquidators.

(1) The official receiver shall by virtue of his 19 & 20 Geo. office become the provisional liquidator and 5, c. 23, shall continue to act as such until he

　　　　　　　　or s. 185. 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

ཟླ།

Provisions

where

persón other than official receiver is appointed liquidator.

19 & 20 Geo. 5, c. 23,

s. 186.

General provisions

as to

liquidators.

19 & 20 Geo. 5, c. 23,

s. 188.

Custody of company's property.

19 & 20 Geo 5, c. 23,

8. 189.

1338

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:

(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 court a person other than the official receiver is appointed liquidator, that person---

182.--(1) A liquidator appointed by the court may resign or, on cause shown, be removed by the court.

(3) A vacancy in the office of a liquidator appointed by the court shall be filled by the court.

(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.

ין

1339

184. Where a company is being wound up by the Vesting of court, the court may on the application of the property of liquidator by order direct that all or any part of the company in

as the court may 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.

liquidator.

185.-(1) The liquidator in a winding up by the Powers of 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: (f) 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 narre 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:

(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

19 & 20 Geo. 5, c. 23,

s. 191.

Exercise

and control

of liquid- ator's powers.

19 & 20 Geo. 5, c. 23,

s. 192.

Books to be kept by liquidator.

19 & 20 Geo.

5, c. 23,

s. 193.

1340

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: (9) 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.

186.-(1) Subject to the provisions of this Ordin- ance, the liquidator of a company which is being wound up by the court shall, in the administration of the assets of the company and in the distribution thereof among its creditors, have regard to any directions that may be given by resolution of the 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.

(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.

187. Every liquidator of a company which is being wound up by the court shall keep, in manner prescribed, proper books in which he shall cause to be made entries or minutes of proceedings at meet. ings, and of such other matters as may be prescribed, and any creditor or contributory may, subject to the control of the court, personally or by his agent inspect any such books.

יין

1341

into bank

188. (1) Every liquidator other than the official Payments receiver of a company which is being wound up by of liquidator the court shall, in such manner and at such times or Treasury. as the official receiver directs, pay the money 19 & 20 Geo. received by him to the Companies Liquidation 5, c. 23, Account at the bank where such account is kept, s. 194. 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 cbtaining 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 cominittee 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.

accounts.

(2) The account shall be in a prescribed forın, 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.

(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.

Control of Official Receiver

over

liquidators. 19 & 20 Geo 5, c. 23, s. 196.

Release of liquidators. 19 & 20 Geo. 5, c. 23, s. 197.

Meetings of creditors and contri- butories to determine whether committee

of inspection

shall be appointed.

19 & 20 Geo. 5, c. 23, 8. 198.

1342

190.-(1) The official receiver shall take cogniz. ance of the conduct of liquidators of companies which are being wound up by the court, and, if a liquidator does not faithfully perform his duties and duly obscrve all the requirements imposed on him by statute, rules, or otherwise with respect to the performance of his duties, or if any complaint is made to the 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.

191.-(1) When the liquidator of a company which is being wound up by the court has realised all the property of the company, or so much thereof as can, in his opinion, be realised without needlessly 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, or person interested against the release of the liquidator, and shall either grant or withhold the release accordingly.

(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,

192.-(1) When a winding up order has been made by the court, it shall be the business of the separate meetings of creditors and contributories summoned for the purpose of determining whether or not an application should be made to the court for appoint- ing a liquidator in place of the official receiver, to determine further whether or not an application is to be made to the court for the appointment of a committee of inspection to act with the liquidator and who are to be members of the committee if 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-

1343

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 Constitution pursuance of this Ordinance shall consist of creditors and pro- and contributories of the company or persons holding ceedings of general powers of attorney from creditors or committee tributories in such proportions as may be agreed on tion. by the meetings of creditors and contributories, or 19 & 20 Geo. as, in case of difference, may be determined by the 5, c. 23,

court:

con- of inspec-

(2) The committee shall meet at such times as 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.

(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.

(8) The continuing members of the committee, if not less than two, may act notwithstanding any vacancy in the committee.

s. 199.

　　　　　　　　　　　　　　　　　　inspection. by the committee.

General Powers of Court in case of Winding-up by Court.

5, c. 23, s. 200.

Power to stay wind-

195.-(1) The court may at any time after order for winding up, on the application either of the liquidator, or the official receiver, or any creditor ing up. or contributory, and on proof to the satisfaction of 19 & 20 Geo. the court that all proceedings in relation to the 5, c. 23, winding up ought to be stayed, make an order staying s. 202, the proceedings, either altogether or for a limited time, on such terms and conditions as the court thinks fit.

יין

Settlement

of list of contribu- tories and application of assets.

19 & 20 Geo. 5, c. 23, s. 203.

Delivery of property to liquidator. 19 & 20 Geo. 5, c. 23. s. 204.

Payment of debts due

by contribu- tory to

1344

196.-(1) As soon as may be after making a winding-up order, the court shall settle a list of con- tributories, with power to rectify the register of members in all cases where rectification is required in pursuance of this Ordinance, and shall cause the assets of the company to be collected, and applied in discharge of its liabilities:

197. The court may, at any time after making a winding-up order, require any contributory for the time being on the list of contributories, and any trustee, receiver, banker, agent or officer of the company to pay, deliver, convey, surrender, transfer forthwith, or within such time as the court directs, to the liquidator any money, property, or books and papers in his hands to which the com- pany is prima facie entitled.

198.-(1) The court may, at any time after making. a winding-up order, make an crder on any contributory for the time being on the list of contributories to pay, in manner directed by the order, any money due from him or from the estate of the person whom he represents to the company, exclusive of any money payable by him or the estate by virtue of any 19 & 20 Geo, call in pursuance of this Ordinance.

company and extent to which set off

allowed.

5, c. 23,

8. 205.

Power of court to make calls. 19 & 20 Geo. 5, c. 23,

s. 206.

Payment into Bank

of moneys due to

(2) The court in making such an order may----

(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.

(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.

200.-(1) The court may order any contributory, purchaser or other person from whom money is due to the company to pay the amount due into the such bank as the court may direct to the account of the 19 & 20 Geo. liquidator instead of to the liquidator, and any such order may be enforced in the same manner as if it had directed payment to the liquidator.

company.

5, c. 23,

s. 207.

1345

(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.

(2) All other pertinent matters stated in the order shall be taken to be truly stated as against all persons and in all proceedings.

19 & 20 Geo.

5, c. 23, s. 208.

manager.

202.-(1) Where in proceedings the official receiver Appoint- becomes the liquidator of a company, whether pro- ment of visionally or otherwise, he may, if satisfied that the special nature of the estate or business of the company, or 19 & 20 Geo. the interests of the creditors or contributories 5, c. 23, generally, require the appointment of a special s. 209. 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 re- muneration as may be fixed by the court.

203. The court may fix a time or times within Power to which creditors are to prove their debts or claims, exclude to be excluded from the benefit of any distribution creditors made before those debts are proved.

not proving in time. 19 & 20 Geo.

5, c. 23, 8. 210.

204. The court shall adjust the rights of the Adjustment contributories among themselves, and distribute any of rights surplus among the persons entitled thereto.

of contribu- tories.

19 & 20 Geo. 5, c. 23, s. 211.

205. The court may, at any time after making a Inspection winding-up order, make such order for inspection of of books the books and papers of the company by creditors and by creditors contributories as the court thinks just, and any books and contri and papers in the possession of the company may be 19 & 20 Geo inspected by creditors or contributories accordingly, 5, c. 23, but not further or otherwise.

butories.

s. 212.

206. The court may, in the event of the assets Power to being insufficient to satisfy the liabilities, make an order costs order as to the payment out of the assets of the of winding costs, charges, and expenses incurred in the winding paid out of up in such order of priority as the court thinks just. assets.

up to be

19 & 20 Geo.. 5, c. 23, s. 213.

207.-(1) The court may, at any time after the Power to appointment of a provisional liquidator or the making summon of a winding-up order, summon before it any officer persons of the company or person known or suspected to of having suspected have in his possession any property of the company property of or supposed to be indebted to the company, or any company. person whom the court deems capable of giving 19 & 20 Geo. information concerning the promotion, formation,

5, c. 23, 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.

s. 214.

Power to

examination

of pro-

moters, directors, &c.

19 & 20 Geo. 5, c. 23, s. 216.

1346

(3) The court may 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 lien, and the court shall have jurisdiction in the winding up to determine all questions relating to that lien.

after being

(4) If any person SO summoned, 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.

(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 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.

(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.

· - 3.

1347

persons from managing

s. 217.

209.-(1) Where an order has been made for Fower to winding up a company by the court, and the official restrain receiver has made a further report under this fraudulent Ordinance stating that, in his opinion, a fraud has been committed by a person in the promotion or companies. formation of the company, or by any director or 19 & 20 Geo. other officer of the company in relation to the com- 5, c. 23, 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.

(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 Power to making a winding-up order, on proof of probable arrest cause for believing that a contributory is about to absconding

contributory. quit the Colony, or otherwise to abscond, or to

211. Any powers by this Ordinance conferred on Powers of the court shall be in addition to and not in restriction court of any existing powers of instituting proceedings cumulative.

19 & 20 Geo. against any contributory or debtor of the company, 5, c. 23, or the estate of any contributory or debtor, for the recovery of any call or other sums.

s. 219.

court. 19 & 20 Geo.

(1) the holding and conducting of meetings to

ascertain the wishes of creditors and con- s. 220.

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;

ין

Dissolution

of company. 19 & 20 Gec. 5, c. 23, s. 221.

Circum- stances in which com-

pany may be wound up volun-

tarily.

19 & 20 Geo. 5, c. 23,

s. 225.

Notice of resolution

to wind up voluntarily. 19 & 20 Geo. 5, c. 23, s. 226.

Commence- ment of

voluntary

winding up. 19 & 20 Geo. 5. c. 23, s. 227..

1348

(3) the paying, delivery, conveyance, surrender or 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 conti ol of the court:

Provided that the liquidator shall not, without the special leave of the court, rectify the register of members, and shall not make any call withc 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 been completely wound up, the court shall inake an order that the company be dissolved from the date of the order, and the company shall be dissolved accordingly.

(2) The order shall within fourteen days from the date thereof be reported by the liquidator 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 UP.

Resolutions for, and commencement of Voluntary Winding Up.

214.-(1) A company may be wound up volun- tarily-

(2) In this Ordinance the expression "a resolution for voluntary winding up" means દી resolution passed under any of the provisions of subsection (1) of this section.

215.-(1) When a company has passed a resolu- tion for voluntary winding up, it shall, within seven days after the passing of the resolution, give notice of the resolution by advertisement in the Gazette. land, in the case of a China company, in some newspaper circulating in the place where such com- pany has its registered office).

this

(2) If default is made in complying with 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.

1349

Consequences of Voluntary Winding Up.

217. In case of a voluntary winding up, the com- Effect of pany shall, from the commencement of the winding voluntary up, cease to carry on its business, except so far winding up may be required for the beneficial winding up and status

thereof:

on business

of company. 19 & 20 Geo.

s. 228.

Provided that the corporate state and corporate 5, c. 23, 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 of transfers,

Avoidance any alteration in the status of the members of the &c., after company, made after the commencement of a commence- voluntary winding up, shall be void.

Declaration of Solvency.

ment of voluntary winding up. 19 & 20 Geo..

5. c. 23,

s. 229.

219.-(1) Where it is proposed to wind up a com- Statutory pany voluntarily, the directors of the company or, declaration in the case of a company having more than two of solvency directors, the majority of the directors may, at in case of meeting of the directors held before the date on proposal to which the notices of the meeting at

wind up which the voluntarily. resolution for the winding up of the company is to 19 & 20 Geo. be proposed are sent out, make a statutory declara- 5, c. 23, 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.

(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 made and delivered as aforesaid is in this Ordinance referred to as "a creditors' voluntary winding up."

Provisions applicable to a Members' Voluntary

Winding Up.

s. 230.

220. The provisions contained in the five sections Provisions of this Ordinance next following shall apply in applicable to relation to a members' voluntary winding up.

a members' winding up 19 & 20 Geo. 5, c. 23, s. 231.

muneration of liquidators. 19 & 20 Geo.

(2) On the appointment of a liquidator all the 5, c. 23, powers of the directors shall cease, except so far as

　　　　　　　　　　　　　　　　　　　　　　　　s. 232. the company in general meeting, or the liquidator, sanctions the continuance thereof.

(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.

19 & 20 Geo. 5, c. 23, s. 233.

Power of liquidator to accept shares, &c

as con-

sideration for sale of property of company.

19 & 20 Geo. 5, c. 23, s. 234.

8 & 9 Vict. c. 16.

1350

(3) The meeting shall be held in mauner 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.

223. (1) Where a company is proposed to be, or is in course of being, wound up altogether voluntarily, and the whole or part of its business or property is proposed to be transferred or sold to another com pany, whether a company within the meaning of this Ordinance or not (in this section called "the trans- fcree company') the liquidator of the first-mentioned company (in this section called "the transferor com- pany") may, with the sanction of a special resolution. 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 of 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 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.

(6) For the purposes of an arbitration under this section, the provisions of the Companies Clauses Consolidation Act, 1845, with respect to the settle- 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.

1351

meeting at

224. (1) In the event of the winding up con- Duty of tinuing for more than one year, the liquidator sha!! liquidator summon a general meeting of the company at the to call end of the first year from the commencement of the general winding up, and of each succeeding year, or as soon end of thereafter as may be convenient, and shali lay before each year. the meeting an account of his acts and dealings and 19 & 20 Geo. of the conduct of the winding up during the preceding 235.

5, c. 23,

year.

(2) If the liquidator fails to comply with this section, he shall be liable to a fine not exceeding one hundred dollars.

19 & 20 Geo. 5, c. 23, s. 236.

225.-(1) As soon as the affairs of the company Final meet- are fully wound up, the liquidator shall make up an ing and account of the winding up, showing how the winding dissolution. up has been conducted and the property of the com- pany has been disposed of, and thereupon shall call a 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.

Provisions applicable to a Creditors' Voluntary Winding Up.

226. The provisions contained in the eight sections Provisions of this Ordinance next following shall apply in relation applicable to a creditors' voluntary winding up.

to a creditors'

winding up. 19 & 20 Geo.

5, c. 23,

s. 237.

Meeting of creditors.

19 & 20 Geo. 5. c. 23, s. 238.

Appoint- ment of liquidator.

1352

227.-(1) The company shall cause a meeting of the creditors of the company to be summoned for the day, or the day next following the day, on which there is to be held the meeting at which the resolu- 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.

(3) The directors of the company shall-

(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.

(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 respective meetings mentioned in the last foregoing 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,

s. 239.

and distributing the assets of the company, and if 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.

1353

committee

229.(1) The creditors at the meeting to be held Appoint- in pursuance of section two hundred and twenty-seven ment of of this Ordinance or at any subsequent meeting, may, of inspection. if they think fit, appoint a committee of inspection 19 & 20 Geo. consisting of not more than five persons, and if such 5, c. 23, a committee is appointed the company may, either s. 240. 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:

230.-(1) The committee of inspection, or if there Fixing of is no such committee, the creditors, may fix the liquidators' remuneration to be paid to the liquidator or liquida- tion and

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.

remunera-

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.

232. The provisions of section two hundred Application and twenty-three of this Ordinance shall apply in the of s. 223 to case of a creditors' voluntary winding up as in the a creditors' case of a members' voluntary winding up, with the voluntary

winding up!: modification that the powers of the liquidator under 19 & 20 Geo. the said section shall not be exercised except with 5, c. 23- the sanction either of the court or of the committee s. 243. of inspection.

233.--(1) In the event of the winding up continuing Duty of for more than one year, the liquidator shall summon quidator a general meeting of the company and a meeting of to call

meeting creditors at the end of the first year from the com- of company mencement of the winding up, and of each succeeding and of year, or as soon thereafter as may be convenient, and creditors at end of shall lay before the meetings an account of his acts

each year. and dealings and of the conduct of the winding up 19 & 20 Geo. during the preceding year.

5, c. 23, s. 244.

(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 Fina are fully wound up, the liquidator shall make up an meeting and account of the winding up, showing how the winding dissolution. up has been conducted and the property of the 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　5, c. 23, company has been disposed of, and thereupon shall

8. 245.

ין

Provisions applicable

to every voluntary winding up. 19 & 20 Geo. 5, c. 23, s. 246.

Distribution

of property of company. 19 & 20 Geo. 5, c. 23, s. 247.

Powers and duties of liquidator in voluntary winding up. 19 & 20 Geo. 5, c. 23, s. 248.

1354

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 month at least before the meeting.

(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 of this Ordinance next following shall apply to every voluntary winding up whether a members' or a creditors' winding up.

237.-(1) The liquidator may-

1355

(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:

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.

238.-(1) If from any cause whatever there is no Power of liquidator acting, the court may appoint a liquidator. court to

(2) The court may, on cause shown, liquidator and appoint another liquidator.

remove

appoint and

remove

a liquidator

in voluntary winding up. 19 & 20 Geo.

5, c. 23. s. 249. Notice by

239.-(1) The liquidator shall, within five weeks after his appointment, deliver to the registrar of liquidator companies for registration a notice of his appointment of his in the form prescribed.

appoint- ment. 19 & 20 Geo

s. 250.

(2) If the liquidator fails to comply with the require- 5, c. 23, 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 Arrange- a company about to be, or in the course of being, ment when wound up and its creditors shall, subject to the right binding on of appeal under this section, be binding on the creditors. pany if sanctioned by an extraordinary resolution, and 19 & 20 Geo. on the creditors if acceded to by three-fourths in number and value of the creditors.

com-

5, c. 23, s. 251

cr Power to

241.-(1) The liquidator or any contributory creditor may apply to the court to determine any apply to question arising in the winding up of a company, or court to to exercise, as respects the enforcing of calls, or any tions deter have ques- other matter, all or any of the powers which the mined or court might exercise if the company were being wound powers up by the court.

exercised. 19 & 20 Geo (2) The court, if satisfied that the deterinination of

5, c. 23, the question or the required exercise of power will be

s. 252. 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 Costs of incurred in the winding up, including the remunera- voluntary tion of the liquidator, shall be payable out of the winding up. assets of the company in priority to all other claims.

19 & 20 Geo. 5, c. 23.

s. 254

- ma

Saving for

rights of crediters

and con- tributories.

19 & 20 Geo. 5, c. 23, 8. 255.

Power to order wind ing up subject to supervision 19 & 20 Geo 5, c. 23, $ 256.

Effect of

petition for winding up subject to supervision. 19 & 20 Geo. 5, c. 23, s. 257.

Application of ss. 168 and 169 to winding up subject to supervision. 19 & 20 Geo. 5, c. 23, R 258.

Power of court to appoint or

remove

liquidators 19 & 20 Ga 5, c. 23, s. 259.

Effect of supervision

order.

1356

(iv) WINDING UP SUBJECT TO SUPERVISION OF COURT.

244. When a company has passed a resolution for voluntary winding up, the court may make an order that the voluntary winding up shall continue but subject to such supervision of the court, and with such liberty for creditors, contributories, or others o apply to the court, and generally on such terms and conditions, as the court thinks just.

247.-(1) Where an order is made for a winding up subject to supervision, the court may by that or any subsequent order appoint an additional liquidator.

(2) A liquidator appointed by the court under this section shall have the same powers, be subject to the same obligations, and in all respects stand in the

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.

248.-(1) Where an order is made for a winding up subject to supervision, the liquidator may, subject to any restrictions imposed by the court, exercise all 19 & 20 Geo. his powers, without the sanction or intervention of the court, in the same manner as if the company were being wound up altogether voluntarily :

5, c. 23, s. 260.

(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 be subject to supervision shall for all purposes 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 those sections is excluded in a voluntary winding up by general rules.

1357

(V) PROVISIONS APPLICABLE TO EVERY MODE OF

WINDING UP.

Proof and Ranking of Claims.

tions to be

250. In the winding up of an insolvent company Application registered in the Colony the same rules shall prevail of bank- and be observed with regard to the respective rights ruptcy rules

in winding of secured and unsecured creditors and to debts

up of in- provable and to the valuation of annuities and future solvent com- and contingent liabilities as are in force for the time panies. being under the law of bankruptcy in the Colony 19 & 20 Geo. with respect to the estates of persons adjudged s. 262, bankrupt, and all persons who in any such case 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,

251.-(1) In a winding up there shall be paid in Preferential priority to all other debts-

payments. 19 & 20 Geo.

(a) All local rates due from the company at the 5, c. 23,

relevant date, and having become due and s. 264. payable within twelve months next before 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 scme 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, scrvant, 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 shall-

(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

Fraudulent

preference. 19 & 20 Geo. 5, c. 23, s. 265.

Effect of floating charge. 19 & 20 Geo. 5, c. 23, 8. 266.

Disclaimer of onerous property in case of

company

wound up.

1358

(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, and in the case of the debts to which priority is given by paragraph (e) of subsection (1) of this section formal proof thereof shall not be required. except in so far as is otherwise provided by general rules.

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

not compulsorily which had 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.

252.-(1) Any conveyance, mortgage, delivery of goods, payment, execution, or other act relating to property which would; if made or done by or against individual, be deemed in his bankruptcy a 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 deemed 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.

253. Where a company is being wound up, a floating charge on the undertaking or property of the company created within six months of the commence- ment of the winding up shall, unless it is proved that the company immediately after the creation of the 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.

possessor thereof to the performance of any onerous 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

s. 267.

1359

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:

(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.

Restriction of rights

of creditor as to

execution

or attach- ment in case of

company being wound up.

19 & 20 Geo. 5, c. 23,

s. 268.

Ordinance No. 3 of 1901, ss. 401 and 406.

Duties of

bailiff as

to goods taken in

execution.

19 & 20 Geo. 5, c. 23,

8. 269.

1360

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

　　　at that date;

255.-(1) Where a creditor has issued execution against the goods or lands of a company or has attached any debt due to the company, and the com- pany is subsequently wound up, he shall not be entitled to retain the benefit of the execution or attachment against the liquidator in the winding up of the company unless he has completed the execu tion or attachment before the commencement of the winding up:

Provided that-

(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 deerned 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.

256.-(1) Where any goods of company are taken in execution, and, before the sale thereof or the completion of the execution by the receipt or recovery of the full amount of the levy, notice is served on the bailiff that a provisional liquidator has been appointed or that a winding-up order has been made or that a resolution for voluntary winding up has been passed,

1361

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 on him of a petition for the winding up of the company having been presented or of a mecting 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 Offences by director, manager or other officer of a company which officers of at the time of the commission of the alleged offence companies in liquida- is being wound up, whether by or under the super- tion. vision of the court or voluntarily, or is subsequently 19 & 20 Geo. ordered to be wound up by the court or subsequently 5, c. 23, passes a resolution for voluntary winding up-

(b) does not deliver up to the liquidator, or as and he directs, all such part of the real 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 conccals 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

(f) makes any material omission in any state- 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

s. 271.

1362

(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

(i) 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

(1) after the commencement of the winding up or at any meeting 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

Provided that it shall be a good defence to & charge under any of paragraphs (a), (b), (c), (d), (f). (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.

- ma 2.

1363

(2) Where any person pawns, pledges or disposes. of any property in circumstances which amount to a misdemeanour under paragraph (o) 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.

19 & 20 Geo.

s. 272.

258. If any director, manager or other officer, or Penalty for contributory of any company being wound up destroys, falsification mutilates, alters, or falsifies any books, papers, of books. securities, or makes or is privy to the making of any 5, c. 23, 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.

manager

259. If any person, being at the time of the Frauds by commission of the alleged offence a director, 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-'

officers of companies which have gone into liquidation. 19 & 20 Geo.

(a) has by false pretences or by means of any 5, c. 23.

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 execution against, the property of the company; (e) 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;

s. 273.

•

accounts not kept.

5, c. 23,

260.-(1) If where a company is wound up it is Liability shown that proper books of account were not kept by where the company throughout the period of two years proper immediately preceding the commencement of

the winding up, every director, manager or other officer 19 & 20 Geo. of the company who was knowingly a party connived at the default of the company shall, unless s. 274. he shows that he acted honestly cr that in the circumstances in which the business of the company was carried on the default was excusable, be liable on conviction on, indictment to imprisonment for રી term not exceeding one year, or on summary con- viction to imprisonment for a term not exceeding six months.

of directors for fraudulent trading. 19 & 20 Geo. 5, c. 23, s. 275.

1364

Responsibility 261.-(1) If in the course of the winding up of a company it appears that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the court, on the applica- tion of the official receiver, or the liquidator or any creditor or contributory of the company, may, if it 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 shail 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.

(2) Where the court makes any such declaration, it may give such further directions as it thinks 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 the 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, or 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.

(4) The court may, in the case of any person in respect of whom a declaration has 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 shail 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

1365

by which the declaration was made or the court 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 criminally 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) No 10 of of section three of the Bankruptcy Ordinance, 193!. 1931.

Ordinance

s. 276.

262.-(1) If in the course of winding up a com- Power of pany it appears that any person who has taken court to part in the formation or promotion of the company, assess or any past or present director, manager, or liquida- damages tor, or any officer of the company, has misapplied or delinquent

　　　　　　　　　　　　　　　　　　against retained or become liable or accountable for any directors, money or property of the company, or been guilty of &c. any misfeasance or breach of trust in relation to the 19 & 20 Geo. company, the court may, on the application of the 5, c. 23, 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. notwithstanding that the offence is one for which the offender may be criminally liable.

(3) 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) Ordinance of section three of the Bankruptcy Ordinance, 1931. No. 10 of

1931.

company.

263.-(1) If it appears to the court in the course Frosecution of a winding up by, or subject to the supervision of, of delinquen the court that any past or present director, manager officers and or other officer, or any member, of the company has members been guilty of any offence in relation to the company 19 & 20 Geo. for which he is criminally liable, the court may, 5, c. 23, either on the application of any person interested in s. 277. 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.

ין

1366

(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.

(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 the 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.

1367

Supplementary Provisions as to Winding up.

264.-(1) A body corporate shall not be qualified Disqualifica- for appointment as liquidator of a company, whether tion for in a winding up by or under the supervision of the appoint-

a voluntary winding up, and any liquidator. appointment made in contravention cf this provision 19 & 20 Geo. shall be void.

court or in

ment as

5, c. 23, s. 278.

to make

265.-(1) If any liquidator, who has made any Enforce- default in filing, delivering or making any return, ment of account or other document, or in giving any notice duty of which he is by law required to file, deliver, make or liquidator give, fails to make good the default within fourteen returns, &c. days after the service on him of a notice requiring 19 & 20 Geo. him to do so, the court may, on an application made 5, c. 23, 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.

s. 279.

that a com-

(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 or 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 Exemption a company registered in the Colony, or of a creditors' of certain voluntary winding up of such a company-

documents from stamp

winding up

(a) every assurance relating solely to freehold or duty on

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.

ין

Books of

company to be evidence. 19 & 20 Geo. 5, c. 23,

8. 282.

Disposal of books

and papers of company. 19 & 20 Geo. 5, c. 23,

8. 283.

Informa- tion as to pending liquidations. 19 & 20 Geo. 5, c. 23, s. 284.

Unclaimed assets to

be paid to Companies Liquidation Account.

1368

　　　　　　　　　　　　　　　all 268. Where a company is being wound up, books and papers of the company and of the liquida- tors shall, as between the contributories of the company, be prima facie evidence of the truth of all matters purporting to be therein recorded.

269.-(1) When a company has been wound up and is about to be dissolved, the books and papers of the company and of the liquidators may be disposed of as follows, that is to say:-

(a) In the case of a winding up by, or subject 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.

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.

271.-(1) If, where a company is being wound up it appears either from any statement sent to the registrar under the last foregoing section or other- wise that a liquidator has in his hands or under his control any money representing unclaimed or undis- 19 & 20 Geo. tributed assets of the company which have remained 5, c. 23,

unclaimed or undistributed for six months after the s. 285.

date of their receipt, the liquidator shall forthwith

1369

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.

No. 10 of

(2) For the purpose of ascertaining and getting in any money payable into the Bank in pursuence of this section, the like powers may be exercised, and by the like authority, as are exerciseable under Ordinance section one hundred and thirty of the Bankruptcy 1931. Ordinance, 1931, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section.

(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.

meetings of

272. Where after the commencer ent of this Resolutions Ordinance a resolution is passed at an adjourned passed at meeting of any creditors or contributories of a com- adjourned pany, the resolution shall, for all purposes. be treated creditors as having been passed on the date on which it was and contri- in fact passed, and shall not be deemed to have been butories. passed on any earlier date.

Supplementary Powers of Court.

19 & 20 Geo. 5, c. 23, s. 287.

creditors.or

273.-(1) The court may, as to all matters relating Meetings to the winding up of a company, have regard to the to ascertain wishes of the creditors or contributories of the com- wishes of pany, as proved to it by any sufficient evidence, and contribu- may, if it thinks fit, for the purpose of ascertaining tories. 'those wishes, direct meetings of the creditors or 19 & 20 Geo. contributories to be called, held, and conducted in 5, c. 23, such manner as the court directs, and may appoint

　　　　　　　　　　　　　　　　　　　　　　s. 288. 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 cor- tributory by this Ordinance or the articles.

274. In all proceedings under this Part of this Judicial Ordinance, all courts, judges, and persons judicially notice of acting, and all officers, judicial or ministerial, of any of officers. signature court, or employed in enforcing the process of any 19 & 20 Geo. court, shall take judicial notice of the signature of 5, c. 23, any officer of the Supreme Court, and also of the s. 289. 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.

dominions.

275.-(1) Any affidavit required to be sworn under Affidavits, the provisions or for the purposes of this Part of this &c. in Ordinance may be sworn in the Colony, or elsewhere Colony and within the dominions of His Majesty, before any 19 & 20 Geo. court, judge, or person lawfully authorised to take 5, c. 23, and receive affidavits (or, within the limits of the s. 293. 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.

Power of court to declare dissolution

of company void.

19 & 20 Geo. 5, c. 23, s. 294.

Registrar may

strike defunct

company off

5, c. 23, s. 295.

1370

(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 vico- 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.

276.-(1) Where a company has been dissolved, the court may at any time within two years of the date of the dissolution, on an application being made for the purpose by the liquidator of the company or by any other person who appears to the court to be interested, make an order, upon such terms as the court thinks fit, declaring the dissolution to have been void, and thereupon such proceedings may be taken as might have been taken if the company had not been dissolved.

(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 (und, 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.

cause

(4) If, in any case where a company is being wound up, the registrar has reasonable

　　　　　　　　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 inade 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.

1371

ན་

Provided that-

(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 bo 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 ¿ 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 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.

to be bonâ

Central Accounts.

279.-(1) An account, to be called the Companies Companies Liquidation Account, shall be kept by the official Liquidation

　　　　　　　　　　　　　　　　　　　　　　　　　　Account. receiver with the Colonial Treasurer or at such bank 19 & 20 Geo. as the Governor (or, in the case of a China company, 5, c. 23, as the judge of the Supreme Court for China) may s 300. 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 Investment the credit of the Companies Liquidation Account is in of surplus excess of the amount which in the opinion of the funds on

　　　　　　　　　　　　　　　　　　　　　　general official receiver is required for the time being to account. answer demands in respect of companies' estates, 19 & 20 Geo. he shall notify the excess to the Treasurer, and shall 5, c. 23, pay over the whole or any part of that excess, as

s. 301. the Treasurer may require, to the Treasurer, to such

}

Separate accounts of particular estates.

19 & 20 Geo 5, c. 23, s. 302.

General

rules and

fees.

1372

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 Treasury 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 receiver of the receipts and payments in the winding up of each company, and, when the cash balance standing to the credit of the account of any company is in excess of the amount which, in the opinion of the committee of inspection, is required for the time. 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- currence of the Legislative Council make general 19 & 20 Geo. rules for carrying into effect the objects of this Ordinance so far as relates to the winding up of companies, and also rules for the purposes of this Ordinance generally, including rules as to costs.

5, c. 23,

s. 305.

Disquali- fication for appoint-

ment as receiver.

19 & 20 Geo. 5, c. 23, s. 306.

Power to appoint

official

(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:

Receivers and Managers..

283. (1) A body corporate shall not be qualified 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.

284. Where an application is made to the court to appoint a receiver on behalf of the debenture bolders or other creditors of a company which is being wound receiver for up by the court, the official receiver

may be so

receiver as

debenture

holders or

appointed.

creditors.

19 & 20 Geo.

5, c. 23, s. 307.

1373

285.--(1) Where a

receiver or manager of the Notification property of a company has been appointed, every that receiver invoice, order for goods or business letter issued by or manager or on behalf of the company or the receiver or manage: 19 & 20 Geo.

appointed. or the liquidator of the company, being a document on or in which the name of the company appears, s. 308.

5, c. 23, shall contain a statement that a receiver or manager has been appointed.

(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.

remunera-

s. 309.

receivers

s. 310.

287.-(1) Every receiver or manager of the pro- Delivery to perty of a company who has been appointed under registrar of the powers contained in any instrument shall, within accounts of one month, or such longer period as the registrar of and companies may allow, after the expiration of the managers. period of six months from the date of his appoint 19 & 20 Geo. ment and of every subsequent period of six months, 5, c. 23, 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 of 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

receiver

(a) any receiver of the property of a company Enforce who has made default in filing, delivering ment of making any return, account or other document duty of or in giving any notice, which a receiver is to make by law required to file, deliver, make or give, returns, &c fails to make good the default within fourteen 19 & 20 Geo. days after the service on him of a notice 5, c. 23. requiring him to do so; or

(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

s. 311

量

1374

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) oi 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.

offices and

PART VII.

GENERAL PROVISIONS AS TO REGISTRATION.

Registration 289.--(1) For the purposes of the registration rí companies under this Ordinance, there shall be an appointment office or offices at such place or places as the Governer

directs.

of Officers

for purposes of this Ordinance. 19 & 20 Geo. 5, c. 23,

s. 312.

ifees.

19 & 20 Geo. 5, c. 23, s. 313.

Inspection, production and evidence of docu- ments kept by registrar. 19 & 20 Geo.

5, c. 23, s. 314.

(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 Colóny.

(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.

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 respect of the several matters mentioned in the Table set out in the Ninth Schedule to this Ordinance the several fees therein specified.

(2) All fees paid to the registrar in pursuance of this Ordinance shall be paid into the Treasury.

291.-(1) Any person may inspect the documents kept by the registrar of companies on payment of such fees as may be appointed by the Governor not exceeding one dollar for each inspection, and any person may require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document, to be certified by the registrar, on payment for the certi- ficate, certified copy or extract, of such fees as the Governor may appoint, 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, and any such process if issued shall bear thereon a state- ment that it is issued with the leave of the court.

1375

292.--(1) If a company, having made default in Enforce- complying with any provision of this Ordinance which ment of requires it to file with. deliver

duty of ΟΥ send to the company registrar of companies any return, account or other to make document, or to give notice to him of any matter. returns to fails to make good the default within fourteen days registrar. after the service of a notice on the company requiring 5, c. 23,

　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. it to do so, the court may, on an application made to s. 315. 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) Anv 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.

PART VIII.

APPLICATION OF ACT TO COMPANIES FORMED OR

REGISTERED UNDER FORMER ACTS.

293. In the application of this Ordinance to Application existing companies, it shall apply in the same.

manner--

of Order to companies formed

(1) in the case of a limited company, other than under

former

a company limited by guarantee, as if the Companies company had been formed and registered Ordinance. under this Ordinance as a company limited 19 & 20 Geo. by shares;

5, c. 23, s. 316.

(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

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 Ordinance date of registration shall be construed as a reference

No. 1 of 1865. to the date at which the company was registered Ordinance under the Companies Ordinance, 1865, or the Com- No. 58 of panies Ordinance, 1911, as the case may be.

1911.

294. This Ordinance shall apply to every company Application Legistered but not formed under the Companies Ordin- of Order to ance, 1865, or the Companies Ordinance, 1911, in the companies registered same manner as it is in Part IX of this Ordinance under declared to apply to companies registered but not former formed under this Ordinance.

Companies Ordinance. 19 & 20 Geo.

Provided that reference, express or implied, to the 5, c. 23. date of registration shall be construed as a reference s. 317. to the date at which the company was registered under the Companies Ordinance, 1865, or the Companies Ordinance, 1911, as the case may be.

Application of Order to companies re-registered under former

Companies Ordinance.

Ordinance No. 58 of 1911.

19 & 20 Geo. 5, c. 23, $ 318.

1376

CARA M

295. This Ordinance shall apply to every unlimited company registered as a limited company in pursuance of section fifty-eight of the Companies Ordinance, 1911, in the same manner as it applies to an un limited company registered in pursuance of this Ordinance as a limited 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 as a limited company under the said section of the Companies Ordinance, 1911.

Companies capable of being registered.

19 & 20 Geo. 5, c. 23, s. 321.

PART IX.

COMPANIES NOT FORMED UNDER THIS ORDINANCE AUTHORISED TO REGISTER UNDER THIS ORDINANCE..

296. (1) With the exceptions and subject to the provisions contained in this section, any company formed whether before or after the commencement of this Ordinance, in pursuance of any Ordinance other than this Ordinance, or of letters patent, or being otherwise duly constituted according to law, and consisting of seven or more members, may at any time register under this Ordinance as an 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 :

present in person or by proxy at the meeting:

(vii) Where a company is about to register as 8. 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

1377

(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.

19 & 20 Geo.

s. 322.

298. Before the registration in pursuance of this Require- Part of this Ordinance of a joint stock company, ments for there shall be delivered to the registrar the following registration

documents:

by joint stock

companies.

19 & 20 Geo.

(1) A list showing the names, addresses, and

occupations of all persons who on a day named 5, c. 23, in the list, not being more than six clear days s. 323. 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 other 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 of which it consists;

(b) The number of shares taken and the amount paid on each share;

(d) Ìn the case of a company intended to be registered as a company limited by guarantee, the resolution declaring the amount of the guarantee.

Require-

299. Before the registration in pursuance of this Part of this Ordinance of any company not being a ments for joint stock company, there shall be delivered to the registration. registrar-

　　　　　　　　　　　　　　by other (1) A list showing the names, addresses, and stock"

　　　　　　　　than joint occupations of the directors or other managers companies. (if any) of the company; and

　　　　　　　　　　　　　　　　19 & 20 Geo. (2) A copy of any Ordinance, Act of Parliament, s. 324.

5, c. 23, 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.

ין

Authentica- tion of statements

of existing companies. 19 & 20 Geo. 5, c. 23, s. 325.

Registrar may require

evidence as to nature of company. 19 & 20 Geo. 5,-. 23, s. 326.

Exemption of certain companies

from pay-

ment of fees, 19 & 20 Geo.

5, c. 23, s. 327.

Addition

of limited"

to name

19 & 20 Geo.

3, c. 23 >. 328.

Certificate

of registra- tion of existing companies. 19 & 20 Geo. 5, c. 23, s. 329.

Vesting of property on registration. 19 & 20 Geo. 5, c.23,

s.330.

Saving for existing liabilities.

19 & 20 Geo. 5, c. 23, s. 331.

Continuation

of existing actions.

19 & 20 Geo. 5, c. 23,

s. 332.

Effect of registration under Ordinance.

19 & 20 Geo 5, c. 23,

s. 333.

1378

300. The lists of members and directors and any other particulars relating to the company required to 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.

302. No fees shall be charged in respect of the registration in pursuance of this Part of this Ordinance OI a company if it is not registered as a limited company, or if before its registration as a limited com- pany the liability of the shareholders was limited by some other Ordinance or Act of Parliament or by letters patent.

305. All property, real and personal (including things in action), belonging to or vested in a company at the date of its registration in pursuance of this Part of this Ordinance, shall on registration pass to and vest in the company as incorporated under this Ordin- ance for all the estate and interest of the company therein.

308.-(1) When a company is registered in pur- suance of this Part of this Ordinance the following provisions of this section shall have effect.

(2) All provisions contained in any Ordinance, Act of Parliament or other instrument constituting r 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,

}

1379

(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;

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;

(4) The provisions of this Ordinance with respect

to-

(a) the registration of an unlimited company as

limited;

(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.

Power to substitute

memoran- dum and articles for deed of settlement. 19 & 20 Geo.

5, c. 23,

s. 334.

Power of

court to stay or restrain

1380

(6) Nothing in this Ordinance shall derogate froin 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.

(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

(3) An alteration under this section may be made either with or without any alteration of the objects of the company under this Ordinance.

310. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a proceedings winding-up order shall, in the case of a company registered in pursuance of this Part of this Ordinance, where the application to stay or restrain is by a credi- tor, extend to actions and proceedings against any contributory of the company.

19 & 20 Geo. 5, c. 23,

s. 335.

Actions stayed on winding-up order

1920 Geo.

5 c. 23, s. 336.

311. Where an order has been made for winding up a company registered in pursuance of this Part of this Ordinance, no action or proceeding shall be com- menced or proceeded with against the company or anv contributory of the company in respect of any debt of the company, except by leave of the court, and subject to such terms as the court may impose.

1381

PART X.

WINDING UP OF UNREGISTERED COMPANIES,

company.

312. For the purposes of this Part of this Ordin- Meaning of ance, the expression "unregistered company" shall unregistered include any partnership, whether limited or not, any 19 & 20 Geo. association and any company with the following 5, c. 23, 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 com- pany;

s. 337.

Nos. 53 of

(5) a partnership registered in the Colony under Ordinances the Chinese Partnerships Ordinance. 1911, or 1911 and 18 under the Limited Partnerships Ordinance, of 1912.

1912.

313.-(1) Subject to the provisions of this Part of Winding up this Ordinance, any unregistered company may be of un-

　　　　　　　　　　　　　　　　　　　　register- wound up under this Ordinance, and all the provisions ed companies of this Ordinance with respect to winding up shall 19 & 20 Geo. apply to an unregistered company, with the following 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　s. 338. exceptions and additions:-

(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:

(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 serveil on the company by leaving the same ut its principal place of business, or by delivering it to the secretary, or Bine director, manager, or prineipal otheer of

יין

Contribu- tories in winding up of un- registered company.

19 & 20 Geo.

5, c. 23, $. 339.

Power of court to

stay or restrain proceeding. 19 & 20 Geo. 5, c. 23, R. 340.

Actions stayed on winding-up

order.

19 & 20 Geo. 5, c. 23,

s. 341.

1382

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;

(iv) If it is otherwise proved to the satis- faction of the court that the company is unable to pay its debts.

(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.

314.-(1) In the event of an unregistered company being wound up, every person shall be deemed to be a contributory who is liable to pay or contribute to the payment of any debt or liability of the company, or to pay or contribute to the payment of any sum for the adjustment of the rights of the members among themselves, or to pay or contribute to the 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:

315. The provisions of this Ordinance with respect to staying and restraining actions and proceedings against a company at any time after the presentation of a petition for winding up and before the making of a winding-up order shall, in the case of an registered company, where the application to stay or restrain is by a creditor, extend to actions and pro- ceedings against any contributory of the company.

un-

יין

1383

317. The provisions of this Part of this Ordinance Provisions with respect to unregistered companies shall be in of Fart X addition. to and not in restriction of any provisions cumulative. hereinbefore in this Ordinance contained with respect 5, c. 23,

19 & 20 Geo. te winding up companies by the court, and the court s. 342. 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.

PART XI.

COMPANIES INCORPORATED OUTSIDE THE COLONY

CARRYING ON BUSINESS WITHIN THE COLONY.

318. This Part of this Ordinance shall apply to all Companies companies incorporated outside the Colony which, to which after the commencement of this Ordinance, establish Part XI place of business within the Colony, and to all com- 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　applies. panies incorporated outside the Colony which have, 5, c. 23, before the commencement of this Ordinance, establish- s. 343 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 Documents, Colony which, after the commencement of this Ordin- &c., to be ance, establish a place of business within the Colony, delivered to shall within one month from the establishment of the companies

　　　　　　　　　　　　　　　　　　registrar by place of business, deliver to the registrar of companies carrying on for registration-

business in the Colony.

(a) a certified copy of the charter, statutes or 19 & 20 Geo.

memorandum and articles of the company,

5, c. 23, or other instrument constituting or defining Ordinance s. 344 and the constitution of the company, and, if the No. 58 of instrument is not written in the English 1911, s. 252. language, a certified translation thereof;

(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.

(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

Power of companies

1384

(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

(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.

outside the

Colony to

hold im- movable property by consent. 19 Geo. 5, c. 23, s. 345 and Ordinance No. 58 of 1911, s. 253.

(a) It is empowered by its constitution to acquire

immovable property;

(b) it shall have filed with the registrar of com- panies the documents and particulars specified in section 319 (1); and

the Governor in Council.

יין

1385

(2) A company mcorporated in the United Kingdom or a British possession outside the Colony, which shall Lave 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,

321. If in the case of any company to which this Return to Part of this Ordinance applies any alteration is made be delivered in-

to registrar where documents, &c. altered.

(1) the charter, statutes, or memorandum and 19 & 20 Geo. articles of the company or any such instru- 5, c. 23, 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.

s. 346.

322.-(1) Every company to which this Part of this Balance Ordinance applies shall in every calendar year make sheet of out a balance sheet in such form, and containing such company particulars and including such documents, as under business in carrying on the provisions of this Ordinance it would, if it had the Colony been a company within the meaning of this Ordinance, 19 & 20 ueo. have been required to make out and lay before the 5, c. 23, 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.

s. 347.

323. Every company to which this Part of this Obligation Ordinance applies shall-

to state name of

whether

(1) in every prospectus inviting subscriptions for company,

its shares or debentures in the Colony state limited, and the country in which the company is incor- country porated; and

where in- corporated. 19 & 20 Geo. 5, c. 23,

(2) conspicuously exhibit on every place where it

carries on business in the Colony the name s. 348. 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

TMA

Service on company to which Part

XI applies. 19 & 20 Geo. 5, c. 23, 8. 349.

Office where documents to be filed.

19 & 20 Geo. 5, c. 23, s. 350.

Penalties.

19 & 20 Geo. 5, c. 23, s. 351.

1836

Provided that-

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 which this Part of this Ordinance applies is required to deliver to the registrar of companies, shall be delivered to the registrar at the registration office.

Interpreta-

tion of

Part XI.

19 & 20 Geo.

5, c. 23,

s. 352.

327. For the purposes of this Part of this Ordin-

ance:

The expression "certified" means certified in the prescribed manner to be a true copy or a correct translation;

share transfer or share registration office; The expression "prospectus" has the same mean- ing as when used in relation to a company incorporated under this Ordinance.

ין

1387

PART XII.

RESTRICTIONS ON SALE OF SHARES AND

OFFERS OF SHARES FOR SALE.

328.-(1) It shall not be lawful for any person― Provisions

(a) to issue, circulate or distribute in the Colony

with respect to prospec-

any prospectus offering for subscription shares tuses of in or debentures of a company incorporated or foreign to be incorporated outside the Colony, whether companies the company has or has not established, or inviting when formed will or will not establish, a place tions for subscrip- of business in the Colony, unless-

shares or

shares for

(i) before the issue, circulation or dis- offering tribution of the prospectus in the Colony a sale. copy thereof, certified by the chairman and 19 & 20 Geo. two other directors of the company as 5, c. 23, having been approved by resolution of the s. 354. 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;

(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.

(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.

(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.

Require-

ments as to

1388

prospectus.

5, c. 23,

8. 355.

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;

can be inspected;

(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--

(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.

(a) as regards any matter not disclosed, he proves

that he was not cognisant thereof; or

(b) he proves that the non-compliance or contra- vention arose from an honest mistake of fact on his part; or

1389

(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:

(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 Restrictions go from house to house offering shares for subscription on offering or purchase to the public or any member of the public. of shares

for sub-

In this subsection the expression "house" shall not scription 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-

(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.

or sale. 19 & 20 Geo. 5, c. 23, s. 356.

(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 office in the Colony;

1390

(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;

(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.

1391

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.

PART XIII.

MISCELLANEOUS.

Prohibition of Partnerships with more than Twenty

Members.

331. No company, association, or partnership con- Prohibition sisting of more than twenty persons shall be formed of partner- for the purpose of carrying on any business (other

　　　　　　　　　　　　　　　　　ships with than the business of banking) that has for its object twenty

more than the acquisition of gain by the company, association, members. or partnership, or by the individual members thereof, 19 & 20 Geo. unless it is registered as a company under this Ordin-

　　　　　　　　　　　　　　　　　　　5, c. 23, ance, or is formed in pursuance of some other

　　　　　　　　　　　　　　　　　　　　　　　s. 357. Ordinance, Act of Parliament, or of letters patent

Provisions relating to Banks.

Prohibition of banking partnerships

332. Similarly, no company, association, or part- nership consisting of more than twenty persons shall be formed for the purpose of carrying on the business with more of banking, unless it is registered as a company under than twenty this Ordinance, or is formed in pursuance of some other Ordinance,

members. Act of Parliament, or of letters 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. patent.

s.358.

bank of

(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.

notes. 19 & 20 Geo.

5. c. 23, s. 360.

334.-(1) Where a business of bankers has duly forwarded to the registrar of banks

company carrying on the Frivileges

making this Ordinance and has return. annual

of companies the annual return required by section

5, c. 23,

one hundred and seven added thereto a statement of the names of the several 19 & 20 Geo. 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. No. 2 of

8. 361. Ordinance

1889.

1392

Penalty for false state- ment.

19 & 20 Geo. 5, c. 23, s. 362.

Ordinance No. 21 of 1922.

Penalty for improper

use of word "Limited,'

(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.

335. If any person in any return, report, certificate, balance sheet, or other document, required by or for the purposes of any of the provisions of this Ordinance specified in the Tenth Schedule hereto, wilfully makes a statement false in any material particular, 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 the provisions of the Perjury Ordinance, 1922.

336. If any person or persons trade or carry on business under any name or title of which Limited, or any contraction or imitation of that word, is the last word, or under any name or title of which the 19 & 20 Geo. Chinese characters A form part, that person or those persons shall, unless duly incorporated with limited liability, be liable to a fine not exceeding fifty dollars for every day upon which that name or title has been used.

5, c. 23,

s. 364

Provision

to default fines and meaning of "officer in default."

General Provisions as to Offences.

19 & 20 Geo. 5, c. 23, s. 365.

Prosecution of offences punishable by fine. 19 & 20 Geo. 5, c. 23, s. 366.

Application of fines.

19 & 20 Geo. 5, c. 23, s. 367.

Penalty for failure to pay fine.

338. All offences under this Ordinance made punishable by any fine may be prosecuted under the Magistrates Ordinance 1890 or any Ordinance amend- ing or substituted for the same.

339. The court or magistrate imposing any fine un- der this Ordinance may direct that the whole or any part thereof shall be applied in or towards payment of the costs of the proceedings, or in or towards 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.

1393

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.

(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 memorandum, 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 Saving as institution of criminal proceedings by the Attorney to private General shall be taken to preclude any person from prosecutors

19 & 20 Gen. instituting or carrying on any such proceedings.

5, c. 23. s. 368.

342. Where proceedings are instituted under this Saving for Ordinance against any person by the Attorney General privileged nothing in this Ordinance shall be taken to require communi- any person who has acted as solicitor for the defendant to disclose any privileged communication made to 5, c. 23. him in that capacity.

cations.

19 & 20 Gen

s. 369.

Service of Documents and Legal Proceedings. 343. A document may be served On J com- Service of pany by leaving it at or sending it by post to the documents registered office of the company.

on company.. 19 & 20 Geo

5, c. 23. s. 370.

limited

344. Where a limited company is plaintiff Costs in any action or other legal proceeding, any actions by judge having jurisdiction in the matter may, if it certain appears by credible testimony that there is reason to companies. believe that the company will be unable to pay the 19 & 20 Geo... costs of the defendant if successful in his defence, 5, c. 23. require sufficient security to be given for those costs. s. 371. and may stay all proceedings until the security is given.

in certain

345. (1) If in any proceeding for negligence, Power of default, breach of duty, or breach of trust against a court to person to whom this section applies it appears to the grant relief court hearing the case that that person is or may be cases. liable in respect of the negligence, default, breach of 19 & 20 Ge duty or breach of trust, but that he has acted honestly 5, c. 23. and reasonably, and that, having regard to all the

s. 372.

Power to

enforce

orders.

19 & 20 Geo.

5, c. 23,

$. 373.

Power to

alter tables and forms. 19 & 20 Geo. 5, c. 23,

s 379.

1394

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.

(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- ance may be enforced and shall be subject to appeal in the same manner as orders made in an action pending therein.

General Provisions as to alteration of Tables, forms and fees.

347.-(1) The Governor in Council may alter Table A, the form in the Seventh Schedule and the table of fees in the Ninth Schedule to this Ordinance, so that such alteration does not increase the amount of fees payable to the registrar under the said Ninth 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.

(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 à 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

...

1395

Interpretation.

348.-(1) In this Ordinance, unless the context Interpreta- otherwise requires, the following expressions have tion. the meanings hereby assigned to them (that is to 19 & 20 Geo.

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;

5, c. 23, s. 380.

"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 Ordinance in Table A in the First Schedule annexed to the No. 1 of Companies Ordinance, 1865, or in that Table 1865. as altered in pursuance of powers given under that Ordinance, or in Table A in the First Schedule to the Companies Ordinance, 1911, Ordinance. or in that Table as altered in pursuance of No. 58 of section one hundred and seventeen of the last 1911. 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 amending, 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 com- 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;

"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, www.prescribed by the Governor in Council; "Prospectus" means any prospectus, notices, cir- dular, advertisement, or other invitation, offer- ing to the public for subscription or purchase any shares or debentures of a company;

1396

"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.

Establish- ment of register and registrar of companies at Shanghai.

Validity of acts done by or before Shanghai registrar.

Filing of documents.

Fees in case of China

company. First Schedule Table B.

Notice to be given by companies.

PART XIV.

CHINA COMPANIES AND HONG KONG CHINA COMPANIES.

349.--(1) There shall be a register and registrar of companies at Shanghai.

(4) All fees which a company is required by this Ordinance to pay to the registrar of companies shall in the case of a China company be paid to the registrar of companies at Shanghai,

350.-(1) The promoters of every intended Hong Kong China company, and of every intended China company shall on or before the date of delivery for 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.

1397

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.

company.

(3) The registrar of companies may at any time Transfer of his own motion or on the request of the registrar on motion of

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.

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.

Appeals.

Notices to be registered.

Jurisdiction of Hong

Kong Court and Supreme

Court for China in matters

relating to Hong Kong

1398

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 companies at Shanghai shall register any such notice. as is referred to in this section given to him by a company.

China Com-

panies.

Transfer of

(2) Where any proceeding relating to a Hong Kong proceedings China company, or for the winding-up of any such relating to

company, are commenced in the court and it appears Hong Kong China Com-

that the principal part of such company's business panies.

is carried on within the limits of the China Orders 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.

Enforcement in Colony of order of Supreme Court for China.

Stamp duties

or transfers of shares.

Probate and estate duty.

China com- panies to

pay an

annual fee.

352.-(1) An instrument of transfer of a share in a China company shall be exempt from stamp duty.

(2) No probate duty or estate duty shall be payable in respect of the share or other interest of a deceased member of a China company in such company.

(3) In lieu of the aforesaid duties, an annual fee for each calendar year at the rate of four cents for each hundred dollars of the paid up capital of the company shall be paid in advance by everv 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.

ཀྭ་

1399

(4) If any company makes default in complying with Fenalty. 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.

PART XV.

REPEAL AND SAVINGS.

Ordinances

353. (1) The Companies Ordinance, 1911, and the Repeal of Companies Amendment Ordinances, 1925, 1928. and 1930 are repealed.

1929 No. 58 of

Ordi-

1911, No. 15 of 1925,

1928,

(2) Without prejudice to the provisions of section No. 12 of twelve of the Interpretation Ordinance, 1911, nance No. 31 1911-

No. 31 of 1929 and

1930.

(a) nothing in this repeal shall affect any Order No. 26 of

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;

(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.

Savings.

354. Nothing in this Ordinance shall affect--

(1) The incorporation of any company registered 19 & 20 Geo.

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

5, c. 23, s. 382.

יין

Saving of pending proceedings for winding up.

19 & 20 Geo. 5, c. 23, s. 383.

Saving of Ordinances Nos. 11 of 1907,

of 1908, and 32 of 1917.

Commence- ment of Ordinance

Sections 10, 114, 308, 347, 348.

1400

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;

nance;

355. The provisions of this Ordinance with respect to winding up shall not apply to any company of which the winding up has commenced before the commencement of this Ordinance, but every such company shall be wound up in the same manner and with the same incidents as if this Ordinance had not 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.

357. This Ordinance shall come into force on the first day of July, 1933.

SCHEDULES.

FIRST SCHEDULE. ·

TABLE A.

REGULATIONS FOR MANAGEMENT OF A COMPANY LIMITED

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.

Shares.

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 the consent in writing of the holders of three-fourths of the issued shares of that class, or with the sanction of an extraordinary resolution passed at a sepurate 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

}

1401

meetings shall mutatis mutandis apply, but so that 1st Schedule. the necessary quorum shall be two persons at least Table A. 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.

Lien.

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 shali his title to the shares be affected by any irregularity or invalidity in the proceedings in reference to the sale.

1st Schedule. Table A. -contd.

1402

Calls on Shares.

11. The directors may from time to time make calls upon the members in respect of any moneys unpaid 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 shail (subject to receiving at least fourteen days' notice specifying the time or times of payment) pay to the company at the time or times 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.

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.

Transfer and Transmission of Shares.

18. Shares shall be transferred in the following form, or in any usual or common form which the directors shall approve:

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 the conditions aforesaid. As witness our hands the

day of

Witness to the signatures of, &c.

יין

ར་

1403

19. The directors may decline to register any 1st Schedule. transfer of shares, not being fully paid shares, to a Table A. person of whom they do not approve, and may also contd. 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.

Forfeiture of Shares.

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 direstors to that effect.

1st Schedule. Table A. -contd.

1404

27.

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.

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.

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."

6 6

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.

ין

1405

35. Subject to any direction to the contrary that 1st Schedule. may be given by the company in general meeting, ali Table A. new shares shall, before issue, be offered to such contď. 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;

(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.

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 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.

40. The above-mentioned general meetings shall be called ordinary general meetings; all other general meetings shall be called extraordinary general meetings.

Table A. --contd.

1406

1st Schedule. the company may convene an extraordinary general meeting in the same manner as nearly as possible 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, 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 inay 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 is 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.

47. The chairman, if any, of the board of directors shall preside as chairman at every general meeting of the company.

1407

יין

50. At any general meeting a resolution put to the 1st Schedule. vote of the meeting shall be decided on a show of Table A. hands, unless a poll is (before or on the declaration contd. 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.

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.

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 a committee 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.

66. 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

1408

Table A. ---contd.

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 éntitled 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 froru time to time be determined by the company in 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.

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 term and at such remuneration (whether by way of salary, or com- mission, o participation in profits, or partly in one

1:409

way and partly in another) as they may think fit, 1st Schedule. and a director so appointed shall not, while holding Table A. that office, be subject to retirement by rotation, or conta 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 direct ors, 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.

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.

1st Schedule. Table A. -contd.

1410

Rotation of Directors.

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 election.

re-

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.

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.

Proceedings of Directors.

A director may, and the secretary on the requisition of a director shall, at any time summon a meeting of the directors.

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

1411

fixed by or pursuant to the regulations of the com- 1st Schedule. pany as the necessary quorum of directors, the con- Table A. tinuing directors may act for the purpose of increas- contd. 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 meetings 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 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.

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 a 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.

93. The directors may, before recommending any dividend, set aside cut of the profits of the company such sums as they think proper as a reserve or 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 may 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.

ין

1412

1st Schedule.

Table A. -contd.

94. If several persons are registered as joint holders of any share, any one of them may give effectual receipts for any dividend or other moneys payable on or in respect of the share.

95. Any dividend may be paid by cheque or war- runt sent through the post to the registered address of the member or person entitied thereto cr 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.

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 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 sending 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 cupplied 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

1413

105. A notice may be given by the company to 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 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 to (a) cvory 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

No other persons shall be entitled to receive notices of general meetings.

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,

4th. The liability of the members is limited. 5th. The share capital of the hundred thousand dollars divided into one thousand is two company shares of two hundred dollars each.

Sections 13 and 346.

1414

1st Schedule.

Table B. --contd.

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

15 5

Total shares taken 325"

Sections 13

and 347.

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.

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 of 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.

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Victoria,

Hong Kong.

ין

な

1415

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 to such provision as modified by any Ordinance for the time being in force.

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 shall be held at such time, not being less than one month nor, more 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 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 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 general meetings shall be 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 same 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 genera!

1st Schedule. Table C. --contd.

יין

Table C. --contd.

1416

1st Schedule. 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 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 meeting, that meeting may be convened by such shorter notice and in such manner as those members may think fit.

રી

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.

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

　　　　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.

}

1417

entry to that effect in the book of the proceedings of 1st Schedule. the company, shall be conclusive evidence of the Table C. fact, without proof of the number or proportion of contd. 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 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.

Votes of Members,

20. Every member shali 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 poli, 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 poil votes may be given either personally or by proxy.

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 mecting 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 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

27. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

יין

1418

1st Schedule. Corporations acting by Representatives at Meetings. Table C. -contd.

28. Any corporation which is a

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.

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 in 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 in

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

1419

(e) resigns his office by notice in writing to the 1st Schedule.

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 ccunted.

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.

37. A retiring director shall be eligible for re- election,

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-clected 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.

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.

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.

Table C. --contd.

1st Schedule.

Table C. --contd.

1420

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 oumber of directors to that number, or of summon- ing a general meeting of the company, but for no other purpose.

16. 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 committce 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.

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.

}

1421

Audit.

56. Auditors shall be appointed and their duties regulated in accordance with sections 131, 132 and 133 of the Ordinance.

-contd.

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

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.

every

59. Notice of every general meeting shall be given in some manner hereinbefore authorised 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. "1. John Jones of

schoolmaster.

"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.

1422

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.

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 twenty pounds.

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.

Number of Shares taken by each Subscriber.

"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

merchant 200

Total shares taken 235"

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.

the First

1. The Articles of Table A set out in Schedule to the Companies Ordinance, 1932, shall be the articles of association of the company and apply to the company.

י{

1423

Names, Addresses, and Descriptions of Subscribers. 1st Schedule.

"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

Table D. merchant. -contd.

Witness to the above signatures,

A.B., No. 13, Chater Road, Hong Kong.

TABLE E.

Sections

MEMORANDUM AND ARTICLES OF ASSOCIATION OF AN 13 and 347.

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.

Names, Addresses and Descriptions

of Subscribers.

Number of Shares takon by each Subscriber.

"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 3

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.

one

1. The share capital of the company is two thou sand dollars divided into twenty shares hundred dollars each.

23.

1st Schedule.

Table E. --contd.

· 1424-

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; (e) reduce its share capital in any way.

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.

Sections 16 and 347.

Section 29.

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 (inscrt 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 7 of the Companies Ordinance,

1932. Delivered for registration by

The nominal share capital of

the Company.

Shares of $ each.

Divided into

Amount (if any) of above capi- Shares of $

tal which consists of redeem-

able preference shares.

The date on or before

which these shares are, or are liable, to be redeemnel. Names, descriptions and ad- dresses of directors or pro- posed directors.

each.

1425

Amount of shares issued 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 hus elapsed since the date on which the Company was entitled to commence

ness:-

busi-

Amount of preliminary ex-

penses.

Amount paid to any pro-

moter

Consideration for the pay-

ment

Number and amount of shares 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

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.

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.

3rd Schedule. -contd.

Name of promoter. Amount $

Consideration :-

Shares of $

fully paid.

shares which $

upon

per share credi- ted as paid.

debenture $

4. Consideration:

Total purchase price

$ Cash

Debentures!

LA SA LA

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

Goodwill

3rd Schedule. -contd.

1426

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 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 ren- dered or to be rendered to the Company by him or by the firm.

Particulars of the cases in which no dividends have been paid in respect of any class of shares in any of these

years.

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

authorised in writing.)

agents

Date

NOTE. In this Form the expression "vendor" includes a vendor as defined in Purt 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.

བསྐ

1427

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 subscription particulars as to-

to the public for

(i) the minimum amount which, in the opinion of the directors, must he 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;

(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.

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 tr be paid for wholly or partly out of the proceeds or the issue offered for subscription by the prospectus, or the purchase or acquisition of which has not been

Sections 37: and 329...

1428

4th Schedule, completed at the date of issue of the prospectus, -contd. and the amount payable in cash, shares, or deben- tures, to the vendor, and where there is more than cne separate vendor, or the company is purchaser, the amount so payable to each vendor.

بك

sub-

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, if 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.

14. The names and addresses of the auditors, if any, 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.

PART II.

REPORTS TO BE SET OUT IN PROSPECTtus.

1429

of the cases in which no dividends have been paid in 4th Behedule. respect of any class of shares in respect of any of-contd. 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 SCHEDULE.

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.

(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;

its validity or

fulfilment on the result of that issue.

by the

3. Where any property to be acquired by 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- cluded 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 sub- stituted for references to three years.

Section 42.

1130

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.

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, Names, descriptions and ad- dresses of directors or pro- posed directors.

Number and arount 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,

Amount (if any) paid or pay- 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.

each.

shares of $ fully paid

shares which $

upon

per share cre‹li-

ted as paid.

debenture $

4. Consideration:

Total purchase price

$ Cash Shares

Debentures

Goodwill

Amount paid.

payable.

Rate per cent.

Estimated amount of prelimin- $

ary expenses.

6A LA GA

1431

Amount paid or intended to be

paid to any promoter.

Name of promoter. 5th Schedule.

| Amount

Consideration for the payment| Consideration :.

Dates of, and parties to, every

inaterial 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 (it any).

or.

Full particulars of the nature and extent of the interest of every director in the promɔ- tion of or in the property proposed to be acquired by the Company,

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 cr 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 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.)

-contd.

NOTE. In this Schedule the expression "vendor" includes a vendor as defined in Part III of the Fourth Schedule to this Act, and the expression "financia! year has the meaning assigned to it in that Part of the said Schedule.

་

Sections

107 and 347.

1432

SIXTH SCHEDULE.

FORM OF ANNUAL RETURN OF A COMPANY HAVING A SHARE CAPITAL.

Annual Return of the made up to the

(being the fourteenth day or only ordinary general

day of

Company, Limited

after the date of the first 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*

shares of

each.

shares of

each.

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 $

which have been issued as partly

considered as paid on

paid up to the extent of

share otherwise than in cash.

per

Total amount of calls unpaid - Total amount of the sums (if any) paid by way of commission in respect of any shares or debentures or allowed by

by way of discount in 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 forfaited as well as on existing shares.

1433

Total number of shares forfeited -

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

Issued $

bearer issued and surrendered respec- Surrendered tively since the date of the last Return.

Number of shares comprised in each

share warrant to bearer.

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."

6th Schedule. -contd.

6th Schedule.

-contd.

1434

NOTE.-Banking companies must add a list of all 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.

†The

present

Any former

Nationa- lity of

*Other

business

Christian

(if origin Usual

Christian Nationa-

other

residen-

occupa-

Name or

Names

Name or lity.

tion if

than the

Names or

and

Surname.

present

tial address.

any.

Surname.

nationa-

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.

List of Persons holding Shares in the

Company,

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.

* Number

of Shares

hell 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) ·f 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 Fetuin) of the incor- poration of the Company by persons who have ceased to be Members.

Number.† Date of Regis ration of Transfer.

Surname.

Christian

Name.

Address.

Occupation.

...

1435

(Signature)

(State whether Director or Manager or Secretary)

5th Schedule.

-contd.

Section 130.

1436

SEVENTH SCHEDULE.

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.

s. 248.

8. 176.

8. 177.

8. 178.

s. 179.

s. 180.

s. 181.

183 except

subs. (5).

s. 186.

s. 187.

s. 188

s. 189.

s. 190.

s. 191.

s. 192.

s. 193.

s. 194.

J. 202.

s. 208.

s. 209.

s. 212.

9. 284.

EIGHTH SCHEDULE.

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 Official Receiver.

Report by Official Receiver.

Power of Court to appoint Liquidator.

Appointment and powers of provisional Liquidator. Appointment, style, &c., of Liquidators in English winding up.

Provisions where person other than Official Receiver 18 appointed Liquidator.

General provisions as to Liquidators.

Exercise and control of Liquidators' powers.

Books to be kept by Liquidator

Payments of Liquidator into bank or Treasary.

Audit of Liquidators' accounts.

Control of Official Receiver over Liquidators.

Release of Liquidators.

Meeting of creditors and contributories to determine whether committee of inspection shall be appointed.

Constitution and proceedings of committee of inspection.

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.

1437

NINTH SCHEDULE.

TABLE OF FEES TO BE PAID TO THE

REGISTRAR OF COMPANIES.

1.-BY A COMPANY HAVING A SHARE CAPITAL,

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:

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 memo- 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.

50.00

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 ia 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

100.00

300.00

Sections

290, 304,

347.

ין

1438

9th Schedule. For registration of any increase on the

-contd.

number of members made after the registration of the company in respect

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.

5.00

3.00

For making a record of any fact by this

Ordinance required or authorised recorded by the registrar

to be

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

.s. 335.

8. 17.

8. 37.

s. 42.

s. 44.

s. 79.

s. 80(1).

8. 81.

8. 90.

8. 94.

s. 107 (3)(n) (0). 8. 112.

s. 133 (1) (2).

s. 139.

s. 239.

s. 287.

s. 319.

8. 321.

s. 322.

s. 323.

TENTH SCHEDULE.

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; Auditors' report and right to information and

explanations;

Restrictions on appointment or advertisement of

director;

Notice by liquidator of his appointment;

Delivery to registrar of accounts of receivers and

managers;

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.

1439

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

385

167

4, 5 & 6

8 10

11 (1)

11 (3) and (4)

}

122 (1) & (8)

116

118

47 & 57

48 & 50

5888

51 52 & 53 (1)

New Ordinance.

1440

Table of Corresponding Sections.

Companies Act 1929.

Companies Ordinance

1911.

104

105

106

107

101 & 108

95 & 100

102

103

*26

100

101

102

103

35 & 36

104

274

105

106

107

108

103

109

110

111

27A

111

112

113

114

115

116

117

118

119

113

120

121

122

123

124

125

HEESES?

77 (4)

1441

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

125

126

127

128

129

114

129

130

115

130

131

132

113

132

133

113

133

134

114

134

135

136

137

138

139

140

141

142

143

144

| |e।EŞ

144

145

146

147

148

149

150

151

152

153

121

153

154

155

156

123

156

157

124

157

158

125

158

159

126

159

160

127

160

161

128

161

162

129

162

163

130

163

168

130

164

169

131

165

170

132

166

171

136

167

172

135

168

173

169

174

170

175

134 & 176

171

176

138

172

177

137

173

178

133

174

179

141

175

180

176

181

142

177

132

143

178

183

144 (1)

179

184

144

180

185

144

181

186

144

182

188

144

183

189

145

181

190

148

185

191

146

186

192

153

יין

1442

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

187

193

151

188

194

149

189

195

150

190

196

154

191

197

152

192

198

147

193

199

155

194

200

155 (9)

195

202

139

196

203

158

197

204

159

198

205

160

199

206

161

200

207

162

201

208

163

202

209

156

203

210

164

204

211

165

205

212

211

206

213

166

207

214

169

208

216

170

209

217

210

218

171

211

219

172

212

220

168

213

221

167

214

225

175

215

226

178

210

227

176

217

228

177

218

229

219

230

220

231

221

232

179

222

233

182

228

234

185

221

235

225

236

188

226

237

227

238

228

239

229

240

230

241

| | | | |

231

242

182

232

243

233

244

234

245

235

246

236

247

237

248

238

249

144

239

250

180

240

251

184

241

252

186

242

254

189

243

255

190

2414

256

192

245

257

193

246

258

247

259

195

248

260

196

249

261

198

250

262

199

251

264

200

252

· 285-**

201

1443

Table of Corresponding Sections.

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

253

266

203

254

267

255

268

256

269

257

271

258

272

206

259

273

260

274

201

275

262

276

263

277

207

264

278

265

· 279

266

280

26'7

281

268

282

210

269

283

270

284

271

285

272

287

273

288

274

289

215

275

293

216

276

294

213

277

295

222

278

296

279

300

217

280

301

281

302

218

282

305

220

283

306

284

307

157

285

308

286

839

287

310

288

311

289

312

223

290

313

224

291

314

223

292

315

293

316

225

294

317

226

295

318

296

321

227

297

322

228

208

323

230

299

324

231

300

325

232

301

326

233

302

327

235

303

328

236

304

329

237

305

230

238

306

331

239

307

332

240

309

333

241

309

334

242

310

335

243

311

336

244

312

337

245

313

338

246

314

339

247

יין

- 1444

Table of Corresponding Sections

New Ordinance.

Companies Act 1929.

Companies Ordinance

1911.

315

340

248

316

341

249

317

342

251

318

343

819

344

252

320

345

253

321

346

322

347

323

348

324

349

325

350

326

351

252 (5)

827

352

252 (6)

328

354

329

355

330

356

331

357

332

358

333

360

299

334

361

335

362

336

364

260

337

365

338

366

254

339

367

255

340

257

341

368

342

369

343

370

257 (4)

344

371

256

3.15

372

258

346

373

347

379

348

380

261

349

270

350

271

351

272

352

273

353

381

354

382

355

383

263

356

262

357

www.

1445

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

1 (1)

1 (2)

2 (1)

1 (3)

2 (2)

331

Do.

332

145

CO 4 CO789

146

111

112

66 (9)

166

113

Do.

114

115

11 (1)

116

11 (2)

10 (1)

117

11 (3)

119

11 (4)

139

10 (2)

140

142

143

121

79*

107

27 A

110

89 A

101

100

102

Do.

103

Do.

103

108

287

100

82 (4)

101

80 (3)

Do.

102

103

Do.

104

105

106

107

58 (1)

108

59 (3)

109

130

58 (2)

110

134

59 (1)

111

136

112

137

60 (5)

113

131

Do.

132

114

133

59 (2)

115

129

116

יין

1446

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

117

342

179

221

118

Do.

230

119

346

Do.

236

120

Do.

237

121

152

Do.

238

122

180

239

122 A

181

123

155

182

222

124

156

183

125

157

184

240

126

158

185

223

127

159

186

241

128

160

187

224

129

161

Do.

233

130

163

Do.

237

131

164

188

225

132

165

Do.

234

133

173

189

242

134

1.70

190

243

135

167

191

170

136

166

192

244

137

1.72

193

245

138

171

194

273

139

195

247

140

273

196

248

141

174

197

168

142

176

Do.

218

143

177

198

249

144

178

199

250

Do.

179

200

251

Do.

180

201

252

145

183

202

169

146

185

Do.

246

147

192

203

253

148

181

204

185

149

188

Do.

237

150

189

Do.

248

151

187

205

262

152

191

206

258

153

186

207

263

154

190

208

155

193

209

273

Do.

194

210

268

156

202

211

205

157

284

212

269

158

196

213

276

159

197

214

270

160

198

215

274

161

199

216

275

162

200

217

279

163

201

218

281

164

203

219

289

165

204

220

282

166

206

221

167

213

222

277

168

212

223

289

169

207

Do.

291

170

208

224

290

171

210

225

293

172

211

226

294

173

345

227

296

174

345

228

297

175

214

229

333

176

216

230

298

177

217

231

299

178

215

232

300

1447

Table showing where sections of Ordinance No. 58 of 1911 appear, with or without modification, in the new Ordinance.

No. 58 of 1911.

New Ordinance.

No. 58 of 1911.

New Ordinance.

233

301

257

340

234

258

345

235

302

259

236

303

260

336

237

304

261

348

238

305

262

353

239

306

Do.

354

240

307

263

355

241

308

264

242

309

265

243

310

266

244

311

267

245

312

268

356

246

313

270

349

247

314

271

350

248

315

272

351

249

316

273

352

250

274

103

251

317

252

318

Do.

319

253

320

1st Schedule. 1st Schedule.

Do.

9th Schedule. 2nd Schedule. 3rd Schedule. 3rd Schedule. 1st Schedule.

254

338

4th Schedule.

255

339

5th Schedule.

256

343

Objects and Reasons.

2. In certain sections, however, it has been neces Sary to incorporate special local provisions taken from the enactments repealed by the Ordinance.

4. Express reference to the English language or to the Chinese characters which express terms in the English language are contained in sections 3, 11, 37, 93, 107, 130, 303, 319 and 336.

5. In sections 331 and 332 twenty is taken as the Fit for banking as well as other partnerships as was the case in section 2 of the 1911 Ordinance.

6. In other sections the time limited for doing acts is extended to meet local conditions.

C. G. ALABASTER,

Attorney General.

August, 1932.

1448

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 418.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 261 have been removed.

28th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 419.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April.:

Steerage passengers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Date.

Reference to Government Notification.

16th April,

1924.

30th April, 1926.

29th October,

1926.

No. S. 301.

Netherland Indies.

Federated

Hong Kong declared an infected port on account of

cholera.

2nd July, 1932.

No. S. 240.

Do.

Malay States.

1st July, 1932.

No. S. 258.

Straits

Do.

Settlements.

1st July, 1932.

No. S. 259.

French Indo-China.

Do.

2nd July,

1932.

No. S. 260.

All ports in the

Do.

United States

18th July, 1932.

No. S. 270.

of America,

including the

Hawaiian Is-

lands.

Formosa.

Do.

29th July, 1932.

No. S. 289.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

28th October, 1932.

E. R. HALLIFAX,

Colonial Secretary.

{

MAGISTRACY.

LICENSING SESSIONS.

No. S. 420.-It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Friday, the 4th day of November, 1932, at 2.30 p.m., at which the following further applications will be considered under the Liquors Ordinance, 1931:-

No.

Names of Applicants.

Description of Licence applied for.

Sign of House.

Situation of House.

Whether the applicant has held a licence of the

same kind to sell liquor in the Colony and, if so, for how long.

Isekichi Seki

Hotel Keeper's

Adjunct Licence.

Tsoi Kam Hang

Chitose Hotel..

Hotel Asia

6, 7 and 8, Hau Fung Lane..

14 years.

126 and 127, Connaught Road Central, and 249, 251 and 253, Des Vœux Road Central, and 125, Connaught Road Central, 3rd and 4th floors..

5 years.

SOLO CO7

Ikuzo Nomura Mui Man

F. A. Lowe.....

Jinkuro Morita Raku Akiyoshi

Chan Cheuk Wan

Yu Man Cho

Mrs Kato Suya

123

P. K. Leung

P. C. Yung.

Kuijiro Suhara

爷爷

Restaurant Keeper's Adjunct Licence.

Nomura Hotel

Hotel Nathan..

Hotel Trocadero

Chitose Kwan Hotel.

Fukuzumi Hotel

The Great China Hotel

Queen's Cafeteria.

Asahi Beer Hall The Prince Cafe

South China Cold Storage Co., Ltd. Tokyoan

41, Peking Road, Kowloon

372 to 378, Nathan Road, Kowloon

12A, Peking Road, Kowloon

1 and 3, Hau Fung Lane

4 Ashley Road, ground floor, Kowloon

119, Connaught Road Central, whole house..

120, Connaught Road Central, 1st, 2nd, 3rd and 4th floors

237 to 239, Des Voeux Road Central, 1st, 2nd, 3rd and 4th floors China Building, ground floor (Facing Queen's Theatre).

88 and 90, Johnston Road 18A, Queen's Road Central. 29, Des Vœux Road Central 88, Lockhart Road

11 months.

7 years.

7층

31/

4 months.

1 year.

26th October, 1932,

G. S. KENNEDY-SKIPTON,

Secretary to the Licensing Board.

1449

1450

HARBOUR DEPARTMENT.

No. S. 421.-Sealed tenders in quadruplicate which should be clearly marked "Tenders for the supply of Coal to the Hong Kong Government" will be received at the Treasury until Noon of Friday 18th November, 1932, for the supply of Coal to the Government for a period of one year as from 1st January, 1933.

　　　The quantity of coal will very according to requirements, and prices should be quoted for each of the following grades.

(a) Hongay Coal 80% Lump (Screened).

(b) Ohnoura

(d) Launch Coal 50% Lump Unscreened.

(e) Launch Dust Coal.

(f) 80% Lump Coal for Pumping Stations, and Quarries &c.,

1. A sample of the coal must be submitted to the Hong Kong Government Analyst of each class of Coal tendered. With regards to items (d) and (e) before final acceptance of the tenders, tenderers must be prepared to forward to Government Slipway Yaumati reasonable quantities of the Coal ordered, for test purposes.

2. The origin and name of Coal should be stated in each case.

The prices quoted should include delivery charges to destination.

Free storage will not be provided.

Information as to the places of delivery may be obtained at the Harbour Office.

3. The rebate on supplies falling below standard shall be based on ash percentage and not on calorific value.

　　　　4. No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $50) as a pledge of the bona fides of his offer, which sum shall be forfeited to the Grown, if such person refuses to carry out his tender, if accepted.

The successful tenderer will be required to sign a formal contract and to give security in the sum of $12,500 in cash, or a proportional part thereof if a tender is accepted in part, to be deposited with the Colonial Treasury for the due and faithful performance of the terms of such contract.

5. Form of tender, form of analysis and further particulars may be obtained on application to the Harbour Office, where a copy of draft contract form may be inspected.

6. The Government does not bind itself to accept the lowest or any tender, and shall be at liberty to accept a tender in whole or in part.

25th October, 1932.

G. F. HOLE,

Harbour Master, &c. Government Coaling Oficer.

ין

1451

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

鲁

No. S. 422.-It is hereby notified that sealed tenders in quadruplicate, which should be clearly marked "Tender for the supply of Coal to Kowloon-Canton Railway will be received at the Colonial Treasurer's Office until Noon of Friday, the 18th day of November, 1932, for the supply of Locomotive Coal to the Kowloon-Canton Railway for the period of one year from 1st January, 1933.

No tender will be received unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $250 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person refuses to carry out his tender, if accepted.

　　The successful tenderer will be required to sign a formal contract and to give security in the sum of $5,000 in cash to be deposited with the Colonial Treasurer for the due and faithful performance of the terms of such contract.

　　For Forms of Tender, Analysis Forms, and further particulars apply to the Manager, Railway Offices, Kowloon, where a draft of the formal contract may be inspected. The Government does not bind itself to accept the lowest or any tender,

ROBERT BAKER, Manager & Chief Engineer.

28th October, 1932.

PUBLIC WORKS DEPARTMENT.

　　No. S. 423.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Un Long Nullah and Improvements", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 8th day of November, 1932. The work comprises the construction of a cement concrete invert to the existing nullah including breaking out and reconstructing existing deck and any other contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

28th October, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 424.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Grab Dredger No. 2", will be received at the Colonial Secretary's Office until Noon of Monday, the 14th day of November, 1932, for slipping, repairing and painting Government Grab Dredger No. 2.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDErson,

Director of Public Works.

27th October, 1932,

ין

1452

PUBLIC WORKS DEPARTMENT.

No. S. 425-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for New Kowloon Quarry Lot No. 1",will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of November, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December,1933, of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 25th October, 1932, but subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $2,200.

On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

28th October, 1932.

R. M. HENDERSON,

Director of Public Works.

工程司軒

第

百二十五號

知詳細章程及投票格式可來署詢取所投之票價格低昂任由政府棄証金充公如一投票者已允准後其餘不入選者之保証金行將發還欲十圓取回收條以爲保証金如投票允准後投得者不遵章辦理則將保取每年底價二千二百圓又凡欲投票者須先往庫務司署繳銀二百五圖則內填紅色處指明之投得之人須遵照章程辦理該章程可來署詢百卅三年十二月卅一日止經於本年十月廿五日由本司署名所繪之午以前寄至布政司署石塘之批期由通告投票允准之日起至一千九明係票投新九龍石塘第一號字樣於本年十一月廿一日星期一日正布告事照得現招人投票開採石塘如欲投票者須繕票三張其封面標

篇

九正

取或總棄不取此佈

一千九百卅二年

十月

二十八日

No. S. 426.

1453

NOTICE TO MARINERS.

No. 79 of 1932.

　　　It is hereby notified that Castle Peak Pier will be closed to traffic during repairs commencing on 8th November until further notice.

Hong Kong, 26th October, 1932.

G. F. HOLE,

Harbour Master, de.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 400.- It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for maintenance and repairs to Port Works ", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932, for maintenance and repairs to sea and quay walls, piers and other sea works, including the construction of minor extensions during the year 1933.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

14th October, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S 401.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the supply of Junks for Government Grab Dredger Nos. I and 2", will be received at the Colonial Secretary's Office until Noon of Friday, the 4th day of November, 1932, for the supply of junks including all necessary maintenance and labour for efficient working of same throughout the year 1933.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

14th October, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Public Examination.

No. 25 of 1932.

Re Jorge Carlos de Souza, of No. 250, Sai Yeung Choi Street, Mongkok. Clerk.

NOTICE is hereby given that the Public

　　　　　　Examination of the debtor Jorge Carlos de Souza, will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 5th day of November, 1932, at 10 a.m.

No. 26 of 1932.

Re The Sang Lee firm, of No. 69A, Des Vœux Road Central, Victoria Hong Kong and lately carrying on busi- ness there as a Compradore Shop.

OTICE is hereby given that the Public

　　　　　　　Examination of the debtor Lee Huen Po, Managing partner of the above-named debtor firm, will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 5th day of November, 1932, at 10 a.m.

No. 27 of 1932.

Re Rahmat Din, of No. 131, Woosung Street. (first floor), Kowloon, Chauffeur.

NOTICE is hereby given that the Public

Examination of the debtor Rahmat Din

　　　will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Satuary, the 5th day of November, 1932, at 10 a.m.

Dated the 27th day of October, 1932.

E. L. AGASSIZ,

Official Receiver

白告意生頂承

1455

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 9 of 1931.

Notice of Intended Dividend.

Re Kwong Mee Shing of No. 48A, Bon- ham Strand West, Victoria, in the Colony of Hong Kong, Rice Mer- chants.

Second and final dividend is intended to

be declared in this matter. Creditors who have not proved their debts by the 10th day of January, 1933, will be excluded.

Any creditor who has received a dividend in this bankruptcy from Bangkok must bring the amount of the same into account before receiv- ing any further payment.

Dated the 28th day of October, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 31 of 1932.

Re Augusto Maximo dos Passos Victal of No. 336, Ma Tau Wei Road, Kowloon City, Accountant.

•

Petition dated the 26th day of October, 1932. Receiving Order dated the 26th day of October, 1932.

NOTICE is hereby given that Monday,

the 7th day of November, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors shall be adjudged bankrupt.

Dated the 28th day of October, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Alfred Bryer, of 3 Stone Buildings, Lincolns Inn, in

the County of Middlesex, and formerly of Oaklands, Hildenbo- rough, Tonbridge in the County of

一項業來和物今啟則運千等倫承堂傢東者例照 will be asked to consider whether the debtor 九及出受承私主香之一百有項人受什陳港佈干三華人仍訂物侶軒告九十洋因在明按圖鯉百二轉大上於櫃將詩年轕德列一全該道十等號之千般大一月情地九頂德百廿承意址百與四七受有用田寓酒上號人欠囘二於米七承出概到大年軒什號受頂不人德†鯉貨地人人資家招月詩生下敦大責揭牌廿道意大

德此借加入一招德章佈貨多號百牌酒防和陳

賬生交四酒範担記易十牌什僞二清七舖貨頂及字楚號底生生會營將教貨意意

堂圖

全啓

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICton.

In the Goods of Arthur Lyman Macgowan formerly of Swatow in the Republic of China but late of Roseview Queen's Road Chelten- ham in the County of Gloucester, England, Merchant, decased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for Creditors and others to send in their claims against the above estate to 18th day of November, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 19th day of October, 1932.

DEACONS, Solicitors for the Executrix, No. 1, Des Vœux Road Central, Hong Kong.

In the Matter of The Union Trading

Co., Ltd. (and Reduced)

and

In the Matter of The Companies Ordin-

ances 1911-1931.

OTICE is hereby given that the Order of the Supreme Court of Hong Kong made in the above matter on the 19th day of October, 1932, confirming the reduction of the capital of the above-named Company from $500,000 to $250,000 and the minute (approv- ed by the Court) showing with respect to the capital of the said Company as altered the several particulars required by the above Ordinances were registered by the Registrar of Companies on 21st day of October, 1932. And further take notice that the said Minute is in the words and figures following:-

"The capital of the Union Trading Company, Limited, henceforth is $250,000 divided into 500 shares of $500 each instead of the original capital of $500.000 divided into 500 shares of $1.000 each. At the time of the registration of this minute 470 of the said shares have been issued and the sum of $500 is to be deemed to have been paid up on each of the said 470 shares."

Dated the 24th day of October, 1932.

DEACONS,

Solicitors for the Company, 1, Des Voeux Road Central, Hong Kong.

THE WINGS MINERAL REFINING

COMPANY, LIMITED.

(IN VOLUNTARY LIQUIDATION).

OTICE is hereby given in pursuance of

Kent in the United Kingdom N Section 188 of the Companies Ordinance

deceased,

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section

58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to 20th day of November, 1932.

All Creditors and others are accordingly

hereby required to send their claims to the undersigned on or before that date.

Dated the 24th day of October, 1932.

DEACONS,

Attorney for the Executor,

1, Des Voeux Road Central, Hong Kong.

1911, that the Final Meeting of Members will be held at 166, Des Voeux Road West, on Thursday, the 1st day of December, 1932, at p.m., for the purpose of having an account laid before them showing the manner in which the winding-up has been conducted and the property of the Company disposed of and of hearing any explanations that may be given by the Liquidator, and also of determining by Extraordinary Resolution the manner in which the books, accounts and documents of the Company and of the Liquidator thereof shall be disposed of.

Dated this 28th day of October, 1932. *

WONG. TSO WING, Liquidator.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

　　　　　　　Transfer of Business Ordinance No. 25 of 1923. Notice is hereby given, that the Lun

On im (聯安號), carrying on business

as Preserved Ginger & Fruit Manufacturers at No. 5 Queen's Street, Victoria, Hong Kong, (hereinafter called the Transferors) have agreed to ass gn the said business of the said

Lun On firm to Hop Shing Tong (

　　　堂), of No. 5 Queen's Street, Victoria, atoresaid (hereinafter called the Transferees) The Completion will take place on the 19th day of November, 1932.

The Transferees intend to carry on the business at No. 5 Queen's Street, Victoria, aforesaid and will not assume the liabilities incurred by the Transferors in the said busin

ess.

The Transferees still use the name of "Lun

On firm"(聯安號) by alding two char-

acters " Sing Kee ".

Dated this 27th day of October, 1932.

(LUN ON FIRM:

廖燊芳

Transferors

(HOP SHING TONG)

1456

FILE NO. 379 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Tro Trade Marks.

(FILE NO. 349 or 1932) i TRADE MARKS' ORDINANCE, 1909.

OTICE is hereby given that Kalle & Co., N

Aktiengesellschaft of Wiesbaden- Biebrich, Germany, Merchants, have, on the 4th day of October, 1932, applied for the registra- Marks of the following Trade Marks:- tion in Hong song, in the Register of Trade

(1)

OZALID

Application for Registration of a Trade Mark.

OTICE is hereby given that the Mut Wah Hung, of No 76, Des Voeux Road Central, (First Floor), Victoria, in the Colony of Hong Kong, have, on the 20th day of Septem- ber, 1932, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark :---

REGISTERED TRADE MARK.

鄭澤波

Transferees.

IN THE SUPREME COURT OF

HONG KONG.

NOTICE.

NOTICE is hereby girth that pursuant

to the provisions of the Legal racti-

喜

tioners' Ordinance 1871 and 1913, Christopher D'Almada e Castro of the 1st floor of David House, Victoria in the olony of Hong Kong, who was articled to his father, Mr. Leo. D'Almada e Castro, Solicitor of the same place, intends, at the expiration of ene month from the date hereof, to apply for his examination and admission as a Solicitor and Proctor of the Supreme Court of Hong Kong.

一九三二年十

Dated the 28th day of October, 1932.

CHRISTOPHER D'ALMADA E CASTRO.

白告退承

自揭有聯廿字啓理借限合九號者

(2)

Cellophan

塞

in the name of the Mut Wah Hong, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- can's since the year 1931, in Class 3 in respect of Medicine.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

THE MUT WAH HONG.

76, Des Voeux Road Central, Hong Kong.

Applicants.

(FILE No. 339 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

in the name of Kalle & Co., Aktiengesellschaft, NOTICE is hereby given that Kung Ping

who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Applicants in respect of paper (except paper- hangings, stationery and bookbinding in Class

39.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong kong.

月承出不担照限嚙行亞定-白告舖項承

承貨公廣號聯香則按受賬司告將合港例照人會字行聯廣亞之槪項號有合告細規

〔告行有限公司全啓

　　　廿頂頂負保常公告擬行承八人人責華營司行於三退日聯何特洋業承生一樓告

合此轉但受意干聯白: 廣聲轕出交招九合十告明等頂易牌百廣行焯此情人後什三告有佈一日用物大行槪前聯等二何

中傕記及江江頓啓華無舊由按鞋號街者涉人豋揭號鞋門本特債此等日業牌堂廿此務告項前保壹已聲與白請有私百頂年明本壹即欠貨七香十以堂閱與到物+ 歸欠合全年焯僞大月或月舊各等號中出到廣盆十文頂德竹後申之人號地環

人人行與月業

Steel & Iron Works of No. 52, Hennesey Road, Victoria, in the Colony of Hong Kong, have, on the 9th day of September, 1932, applied for registration, in Hong Kong, of the accompanying Trade Mark :-

KUNG

PING

WORKS

& IRON(r)

頂別告頂一營生堂四論江後理貨該下威意啓號此興一項申申靈

STEEL

in the name of the said Kung Ping Steel & thereof.

Iron Works, who claim to be the proprietors

The above Trade Mark has already been used by the Applicants in respect of Metal furniture and other metal equipment for household and

office use (excluding Scales) in Class 41, offices of the Registrar of Trade Marka and of the undersigned.

Facsimiles of the Mark may be seen at the

Dated the 23rd day of September, 1932.

WILKINSON & GRIST,

Solicitors for the Applicants,

2, Queen's Road Central,'

Hong Kong.

(FICE No. 381 of 1932)

TRADE MARKS ORDINANCE, 1909.

`Application for Registration of a Trade Mark.

NOTICE is hereby given that It Gr

Farbenindustrie Aktiengesellschaft of Frankfort on-Main, Germany. have, on the 7th day of October, 1932, applied for the registra- tion in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

DIAZOPON

抵

擦

寳

in the name of I. G. Farbenindustrie Aktienge- sellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to 180 game forthwith in respect of Chemical substances used in manufactures. photography or philosophical research and anti-corrosives in Class I.

　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

(FILE NO. 356 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Kam

N Taz Hong (7) of No. 421 ̧

NOTI

-A0457 -

(FILE Nos. 336 AND 358 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that Scott & Turner, Ltd., of St. Andrews Build-

ICE ings, 4, Gallowgate, Newcastle-on-Tyne, England, Manufacturing Dry- salters, have, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Three Trade Marks :-

Hennessey Road, Victoria, in the Colony of Hong Kong, have, on the 24th day of Septem- ber, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely:-

字

TRADE

ཡ་ ་

MARK

in the name of the said Kam Tsz Hong

(1) who claim to be the proprie-

tors thereof.

　　　　The Trade Mark has been used by the appli- cants in class 3 in respect of Chemical sub- stances prepared for use in medicine and phar- macy and particularly in respect of a medicinal

Oil know as "Kam Tsz Oil (),

since January, 1930.

　　　　Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building,

Hano Kano

USE

LIVER

ANDREWS

LIVER

GUARANTEED PURE & HEALTH GIVING

(1)

PACKING. BE IT'S GUARANTEED TO

ANDREWS

CONTENTS

LIVER

SALT

雌

Bors

ANDREW

LIVERO SALT.--

SALT

дл

and refresh.

DIRECTIONS for USE..

TEASPOONEU invigor ang M&TUMBLER OF in dinar-

WATER

any time AS A MEDICINE

ONE OR TWO TEASPOONFULS IN Í be taken in

A TUNBLER OF WATER

the mort immediately! on ring

in GOLD WEATHER and a ine cape

of DELICATE PERSONS chun dah ca

JARN WATER. -igran

Half the adem qualque estarang

SCOTT & TURNER CM, PEO

Neelasma-en-lyne à Lenden

ANDREWS

J THIS

CAREFULLY

THIS PREPAPATION "ty aspes ally on the LIVER and KIUNETS de cleanses and im Maris vigour to the

and

kway That

Rish Liver

MEALPNESS SICKNESS

PURIFIES & INVIGORATES THE WHOLE SYSTEM

(2)

ANDREWS LIVER SALT

(3)

Andrews

THE FOUNTAIN OF HEALTH

LIVER SALT

A Simple Corrective for INDICESTION. HEADACHE BILIOUSNESS. CONSTIPATION WHEUMATISM LIVER ANG

DNY DISCROLAS

Effers Trent Agreeable Refresh 13

Cransig

UNNER

in the name of Scott & Turner, Ltd., who claim to be the sole proprietors thereof.

Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of a Medicinal Preparation for Human use in Class 3.

Trade Marks Nos. 2 and 3 have been used by the Applicants in respect of a Medicinal Preparation for Human use in Class 3.

The word "Andrews" has been declared to be distinctive by order of His Excellency the Governor under Section 9 (5) of the Trade Marks Ordin- ance 1909.

Trade

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Mark can be seen at offices of the Registrar of Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

TT --- --

1458

(FILE No. 346 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that Eho Chiu Chuang, of Ta-Chih-Koo, Tient.

　　　　　　　　sin, in the Republic of China, Manufacturers, have on the 13th. day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

***

商標為

賜顧請認劉海商標

記以杜添弊贵客

庶不致誤

津

商

標

莊酒和益

EHO CHIU GHUANG

金香

註

菜各開種本設露號大酒自

*牌本徒無名之外,

已备

* 劉茲號假恥近!

海更招冒之因

馳準

十年中

五製

in the name of Eho Chiu Chuang, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith,

in respect of the following goods :-

Preserved vegetable excluding preserved ginger, in Class 42.

Dated the 30th day of September, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants,

Prince's Building, Hong Kong.

(FILE NO. 224 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Hubert James Milier, Richard Hope Miller

and Charles Anthony Miller trading as James Miller of Park Place,

Cheetham, Manchester, County of Lancaster, England on the 10th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:--

THE SIGNATURE

NONE GENUINE WITHOUT

Sa miller.

PARK PLACE.

CHEETHAM MANCHESTER

MILLER'S

Faßmiller.

PARK PLACE.

CHEETHAM. MANCHESTER

(FILE No. 185 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

Naida Takeda given that Kabushiki- NOTICE is hereby

Takeda-Chobei Shoten of No. 27, Doshomachi 2-chome, Higashiku, City of Osaka, Japan, on the 21st day of April, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

VITACAMPHER

in the name of the said Kabushiki-Kaisha Takeda-Chobei Shoten, who claim to be the proprietors thereof.

The Trade Mark has been used by the

Applicants in respect of Chemical substances

prepared from camphor for use in medicine

and pharmacy in Class 3.

Dated the 23rd day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE NO. 341 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that The Jolson

Company of No. 328, Queen's Road Central, Hong Kong, have on the 10th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

SAP

PEACH BRAND 嘜桃蟠

(2)

in the name of the

said

Estabd

TRADE

MARK.

1847

BAKING POWDER

NONE GENUINE WITHOUT

THIS SIGNATURE

James Miller, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Baking Powder in Class 42.

　　　　　　　The Applicants disclaim the right to the exclusive use of the words "British" and Miller's."

Dated the 30th day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants,

No. 8, Des Voeux Road Central, Hong Kong.

POMEGRANATE BRAND

嘜榴石

in the name of The Jolson Company, who claim to be the proprietors thereof.

The Two Trade Marks are intended to be

used forthwith by The Jolson Company in respect of Woollen Blankets (not in piece) in Class 35.

Representations of the Two Trade Marks are depostied for inspection in the Offices of Registrar of Trade Marks and also of the undersigned.

Dated the 23rd day of September, 1932.

THE JOLSON COMPANY, No. 328, Queen's Road Central,

Hong Kong, Applicants.

1459

FILE No. 315 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Murk.

OTICE is hereby given that The Singer

NOTIC

Manufacturing Company of 149 Broad-

　way, New York, County and State of New York, United States of America on the 15th day of June, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

(FILE No. 316 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs. place, London EC. 4, England, have on the Samuel Jones & Co., Ltd.. 7, Bridewell

registration in Hong Kong, in the Register of 16th day September, 1932, applied for the Trade Marks, of the following Trade Mark :

(FILE NO. 337 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Namking

Battery Company of No. 69, Po tland Street, Kowloon, Hong Kong, Battery Manu- 1932, applied for registration in Hong Kong, facturers, have on the 8th day of Sptember,

ing Trade Mark :- in the Register of Trade Marks, of the follow-

SINGER

SEWING

MACHINE

Before this cell lenvon aus factory, we guarantee that it has been thoroughly tootlid, and is made vadne perfect condition, Every cell al ware | gives ont laght longes shan any other cells of same asse

THE NANKING BATTERY CO. Made in Chine

FELICITY

MARK

No. 333 FLASHLIGHT UNIT CELL MADE IN CHINA

　　in the name of the said The Singer Manufactur- ing Company, who claim to be the proprietors thereof.

　　The Trade Mark has been used by the Applicants in respect of Sewing Cottons in Class 23.

Dated the 23rd day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 274 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Li Yau Chuen

　　　　of No. 98, Caine Road, Victoria in the Colony of Hong Kong, Merchant on the 4th. day of August, 1932, applied for the registra tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, via :-

TOCOTONE

生

育

H| kar Chalk

in the name of The Namking Battery Com- pany, who claims to be the proprietor thereof.

The Trade Mark is intended to be used forth- with by the app'icants in respect of Flashlight

in the name of Samuel Jones & Co., Ltd., who Batteries in Class 8. claim to be the sole proprietors thereof.

This Trade Mark has been used by the

The applicants disclaim the right to the applicant in respect of paper, stationery and exclusive use of the figures and all the words bookbinding in Class 39 since 1924.

on the Mark except "Felicity." The applicants undertake not to use the Mark in red and blue.

Dated the 30th day of September, 1932.

REISS, MASSEY & CO., LTD.,

7, Queen's Road Central, Agents for the Applicant.

Dated the 30th day of September, 1932.

THE NAMKING BATTERY COMPANY, Hong Kong, Applicants.

(FILE No. 292 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

[OTICE is hereby given that Socony-Vacuum Corporation (formerly named Standard Oil Company of New York), a Corporation organized under the laws of the State of New York in the United States of America, and having their principal place of business at 26 Broadway, in the City, County and State of New York, have on the 11th of August, 193, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

SOCONY-VACUUM

in the name of the said Li Yau Chuen, who claim to be the proprietor thereof.

The Trade Mark is intended to be used by Applicant in respect of proprietary medicines and particularly in respect of "Taeotone" in Class 3.

　　　　Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932:

LI YAU CHUEN,

No. 98, Caine Road,

Hong Kong, Applicant.

in the name of Soeony-Vacuum Corporation (formerly named Standard Oil Company of New York), who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it in respect of :·

Petroleum and Products of Petroleum with or without admixture

of other materials in Class 47.

Dated the 26th day of August, 1932.

SOCONY-VACUUM CORPORATION H. L. SCHULTZ, GENERAL MANAGER.

(FILE No. 294 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The China Paint Manufacturing Company, Limited, of No 33. Castle l'eak Road, Cheung- shawan in the Dependency of Kowloon in the Colony of Hong Kong, have on the 15th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of of the following Trade Mark:-

wwwxnxdimom.com

1460

(FILE No. 299 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Sam

NOT!

Young Silk Mill of No. 47, Jervois Street, Victoria, in the Colony of Hong Kong, on the 17th August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

商部

註冊

(FILE No. 289 of 1932)

THE TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark.

OTICE is hereby given that Fritz Schulz

Jun. Aktiengesellschaft of Harden- bergstrasse 11, Leipzig, Germany on the 29th day of March, 1932, applied for the registra- tion, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

GEOL

in the name of the said Fritz Schulz Jun- Aktiengesellschaft, who claim to be the pro

prietors thereof.

The Trade Mark has been used by the Ap-

plicants in respect of Cleaning and Polishing

preparations and materials in Class 50.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants,

No. 8, Des Vœux Road Central,

Hong Kong.

in the name of The China Paint Manufacturing

Company, Limited, who claim to be the pro- prietors thereof.

The above Mark has not hitherto been used but is intended to be used forthwith by the applicants in respect of Paints, Varnishes, Etiamels and Mineral Dyes in Class 1.

Dated the 26th day of August, 1932.

YAAN

C. Y. KWAN,

Solicitor for the Applicants, JA, Des Voeux Road Central, Hong Kong.

(FILE No. 295 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that China Fire-

works Manufacturing Company of No. 80, (First Floor), Queen's Road West, Hong Kong, and No. 155, Kung Yat Road West, Canton, have on the 16th day of August, 1932. applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark

DO NOT HOLD IN HAND AFTER LIGHTING,

"RED INJUN BRAND

in the name of the said Sam Young Silk Mill, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Silk piece goods in Class 31.

Dated the 26th day of August, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 271 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

~ה

(FILE NC. 418 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Max Factor &

Co., Inc., of Delaware of 1666 North Highland Avenue, Los Angeles, State of California, United States of America, have, by an application dated the 11th day of Sepetem- ber, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Max Factor's

行粉薯昌和謝

**ME

昌的無心之徒假冒木塑烤名希南胜利今粉身净無雜背石止乾爽雪白大

RESET 1) ved alvejade sin that th

廣州市香港澳門

中華炮竹公司造

·外憾西諸君思明和已有禁鸡粉、

特禾昌商標以杜冒藝經在中美政府注册如有假賞定即擊官完治仰

ན་།

FLASHLIGHT FIRECRACKERS EXTRAFINE QUALITY,

MADE IN CHINA

KWONG KEE CHEONG

PROPRIETORS OF CHINA FIREWORKS MFG. CO MACAO

in the name of China Fireworks Manufacturing

　　　　Company, who claim to be the proprietors thereof.

盼仰政

in the name of the said Tse Wo Cheong Firm, who claim to be the proprietors thereof. plicants in respect of eatable in Class 42.

in the name of the said Max Factor & Co. Inc., who claim to be the proprietors thereof.

The Applicants intend to use the said Trade Mark forthwith in respect of theatrical make- us-viz. grease paints in tubes lining colours, liquid body make-up, face powders, cold creams, lip sticks, eyelash colouring, liquid make-up remover, nose putty, black tooth enamel, eyebrow pencils, moist rouge, dry rouge, cosmetic whitener; minstrel make-up. consisting of burnt-cork preparation, clown white, brilliantine liquid and paste, coloring for hair, eyebrows and eyelashes, in Class 48. The applicants disclaim the right to the

Such Trade Mark has been used by China The Trade ¦ Mark has been used by the Ap. exclus ve use of the word " Factor."

Fireworks Manufacturing Company in respect of Fire Crackers in Class 20 since July, 1932. Representations of the above Trade Mark are deposited for ins ection in the Offices of the Registrar of Trade Marks, Hong Kong, aud also of the undersigned.

Dated the 26th day of August 1932.

CHINA FIREWORKS

...).

MANUFACTURING COMPANY,!'):

Applicants.

A facsimile of the above Trade Mark can be Marks Hong Kong and the undersigned. seen at the office; of the Registrar of Trade

Dated the 26th day of August, 1932.

C. Y. KWAN, Solicitor for the Applicants, 4A, Des Voeux Road Central,

Hong Kong.

Facsimiles of the Trade Mark can be seen at the office of the Registrar of Trade Marks and at the office of the undersigned.

Dated the 26th day of August, 1932.

GEO. K. HALL BRUTTUN & CO.,

Solicitors for the Applicants,

St. George's Building,

Chater Road,

Hong Kong.

k..

1461

(FILE No. 257 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTIC

OTICE is hereby given that Vit-Alexin Laboratories Limited of No. 27, Walbrook, London and Vit-Alexin (China) Limited of 'nion Building, Victoria, in the Colony of Hong Kong, have on the 20th day of July, 1932, applied for joint registration in Hong Kong of the accompany ing Trade Mark :-

"VIT-ALEXIN"

ORDINANCES FOR 1931.

OUND volumes of Ordinances of

BOUND

Hong Kong, including Pro- c'amations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

in the names of the said Vit-Alexin Laboratories Limited and Vit-Alexin (China) Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Patent Medicine in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 26th day of August, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

No. 2, Queen's Road Central, Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line,

Chinese, per Character,

Repetitions,

$18.00 10.00 6.00

$1.00 for 1st $0.20 insertion.

5 cents.

Half price.

Advertisement must reach this office not late than 3 P.M. on Thursdays for insertion in Friday's issue.

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

1464

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 427.-The following bills are published for general information :---

(C.S.O. 4456/26).

A BILL

[No. 33.-28.9.32.-7.]

Short title.

Interpreta- tion.

Constitution

of force

and civilian staff.

INTITULED

An Ordinance to consolidate and amend the law relating to

the establishment and regulation of the Police Force.

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, boatman, 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.

1465

civilian

4. The force and civilian staff shall be under the control Control of of the Inspector General and the members thereof shall obey force and 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.

6.--(1) Every subordinate officer, constable, police inter- Period of preter, telephone operator and member of a crew shall engage engagement. 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.

on the

7. Whenever any subordinate officer, constable, police Resignation interpreter or member of a crew is, by a medical board ap- round of pointed by the Governor, certified to be unfit for further ill-health. service because of ill-health, it shall be lawful for the Gover- nor to require such person to resign, and any such person so certified who does not thereupon resign may be dismissed by the Governor.

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

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 of force. 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.

Pensions of Inspector General etc., and civilian staff.

Ordinance No. 21 of 1932.

Revocation of pension.

Regulations.

1466

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. (1) 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

1467

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

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- magistrate. 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.

15. (1) If any subordinate officer (not above the rank Disciplinary of sub-inspector) or constable or member of a crew is guilty powers, 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

Dismissal.

Power to grant rewards,

badges and medals for

1468

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.-(1) 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 same 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.

upon

1469

(3) Whenever any person apprehended with or without 4 & 5 Geo. 5, a warrant is brought to the officer in charge of any police c. 58, s. 22. 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 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.

(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 c. 86, s. 45. 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.

Power of arrest.

c. 86, s. 44.

1470

(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 15&16 Geo. 5, 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.

Search, arrest and detention.

Power to

and detain

vessel, etc.,

or person suspected of conveying stolen property.

2 & 3 Vict. c. 47, s. 66.

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, stop, search, 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.

Power to detain

person, etc., removing furniture in night- time, etc.

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.

c. 47, s. 67.

Detention

and sale of horse,

cart, etc., of person apprehended.

2 & 3 Vict. A 47 ~ 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,

1471

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.

arrest in

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 enactinent as regulates the sale of foodstuffs elsewhere 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.

photographs,

25. It shall be lawful for any officer of police to take the Finger photograph, finger prints, weight and measurements :- prints, (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.

etc.

of officer

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 police magistrate, 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 of force 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

acting in execution

or crew

of duty, or

officer

by false information.

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

1472

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 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 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 1900, No. 18 Ordinance, 1930, the Police Force Amendment Ordinance, 1931, and the Police Force Amendment Ordinance, 1932, are 1930. No. 23 repealed.

of 1929,

No. 20 of

of 1931 and No. 2 of 1932.

Commence- ment.

32. This Ordinance shall come into force on the ist day of January, 1933.

Objects and Reasons.

This Ordinance consolidates and to some extent amends the law for the establishment and regulation of the Hong Kong Police Force. A Table of Correspondence is attached which indicates the source of each section and the nature of the various amendments.

2. Section 16, as substituted by No. 18 of 1929, has been omitted, and a general power in the Inspector General to make regulations governing leave and passages for subordinate members of the force and members of the civilian staff has been added to (new) Section 12.

3. By Section 28 the new offence of wilfully giving false information to the police, with intent to defeat or delay the ends of justice, has been created. The case of Bastable v. Little (1906, 1 K.B., 59) goes to show that wilful misleading may amount to obstruction of a police officer (s. 34 of the Offences against the Person Ordinance, 1865), but it seems better to have the offence clearly defined.

C. G. ALABASTER,

Attorney General.

September, 1932.

1473

SCHEDULE.

[s. 5.]

Oath.

I swear by Almighty God 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 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 Heirs and Successors and of all magistrates and officers set over me.

Witness.

Candidate:

Declared before me, at Victoria, Hong Kong, this..

ཝཱ ?

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.

1474

TABLE OF CORRESPONDENCE

between

The Police Force (Consolidation) Ordinance, 1932, and Ordinance No. 11 of 1900.

Section of Ordinance

No. 11 of

Section

of new Ordinance

1900.

ज

17A

Remarks.

New definition (c) of "officer of police" or "member of the force", which terms appear to have the same significance.

Words "of police" omitted after "Inspector General" and "Deputy Inspector Gen- eral" in this and all subsequent sections.

As amended by No. 18 of 1929.

Omitted-leave and passages are now dealt

with under (new) s. 12.

As amended by No. 20 of 1930.

As amended by No. 18 of 1929 and No. 21

of 1932.

As substituted by No. 18 of 1929. Power to regulate leave and passages added. See Objects and Reasons.

233

"Fines

inflicted" instead of sums forfeited" in s.s. (5).

"It shall be lawful for the Governor" for "the Governor is hereby empowered".

As amended by No. 23 of 1931, and with the addition of a new s.s. (2) being the first part of s. 32 of the Summary Offences Ordinance, 1845, with the addition of "with or" before "without a warrant" and "a" instead of "the nearest" before "police station", the provisions of which section came in most appropriately here. s.s. (3) is original s.s. (2) and has been further amended to make general provision for dealing, immediately after arrest, with all persons arrested, whether under this section or otherwise. s.s. (6) and s.s. (7) amended by insertion of

'or any other article or chattel" after "extract therefrom". s.s. (6) also amended by deletion of "under this section" and by addition of new proviso at end saving the powers of search given by a particular warrant.

Section of Ordinance

No. 11 of

1475

Table of Correspondence.

Section

of new Ordinance.

1900.

26A

Remarks.

As amended by No. 18 of 1929.

223

A new section transferred from the Sum- mary Offences Ordinance, 1845-s. 28, the provisions of which appear most appropriate here. "Vehicle, horse or other animal or thing" for "cart or carriage". "Officer of police" for "police constable" here and in Sections 23 and 24. "It shall be law- ful for" instead of "may".

Is section 29 of the Summary Offences Ordinance (v. supra) similarly amended.

Is section 31 of the Summary Offences Ordinance (v. supra). "Vehicle" for "cart, carriage".

•

Preserves the power of arrest given to the police by section 30A of the Summary Offences Ordinance, 1845, in the case of certain offences against sanitation,

Amended to give power to take the photo- graph, finger prints, weight and measurements of every person arrested, and also of convicted persons, with a proviso that all photographs etc., taken of a person not previously convicted who is acquitted shall be either destroy- ed or returned to such person (Vide S.. of S.'s despatch in C.S.O. 3471/32).

"Of police" for "constable" in side note.

"Officer of police" for "member of the force' here and in Sections 29 & 30- for the sake of uniformity.

Additional offence created of giving false information to police (v. Objects and Reasons).

As substituted by No. 2 of 1932.

"or business or vessel' added after "premises".

A amended by No. 18 of 1929.

Repeals.

Commencement.

88888

| |

(C.S.O. 4303/32).

1476

[No. 42-18.10.32.-6.]

Short title.

Ordering of certain matters in relation to prisons.

Victoria Gaol, etc., to be prisons.

Commitment and removal

of prisoners. 4 & 5 Geo. 5,

c. 58, s. 17.

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to

Prisons.

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 may be lawfully confined in any prison to which this Ordinance applies.

(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.

(3) 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 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.

1477

(5) Prisoners of unsound mind shall be dealt with in the Ordinance manner prescribed by the Asylums Ordinance, 1906.

No. 5 of 1906.

5. Prisoners shall be under the control of superintendents Control of and assistant superintendents of prisons assisted by the prison prisoners. officers.

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 conveyance is confined in, any prison in which he may be lawfully confined,

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of prisoner. 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 the separation of prisoners :-

separation of prisoners.

(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 c. 126, s. 17. number of prisoners who have been confined in such prison

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.

confinement

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 and punish- 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.

(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.

of hard

9.-(1) Hard labour, for the purposes of sentences of Regulation imprisonment with hard labour, shall be of such classes, bard character and description as may be appointed by rules made by the Governor in Council.

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.

1478

(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.

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.

Introduction 12.-(1) No intoxicating liquor, opium or other drug, of prohibited tobacco, money,

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.

Supplying prohibited articles to prisoners.

(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.

(3) Any oficer 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 any intoxicating liquor, opium or other drug, or tobacco, and no officer of a prison shall knowingly permit any such article to 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.

1479

―

(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.

punishments

14. The Superintendent of Prisons shall cause to be Notice of affixed in a conspicuous place outside every prison a notice, under ss. 11 in English and in Chinese, setting forth the penalties that will to 13 to be placed out- be incurred by persons committing any offence in contraven- tion of sections 11, 12 and 13.

side prison.

28 & 29 Vict.. c. 126, s. 40.

prisoner

dying.

28 & 29 Vict.

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 prisoner who may die within a prison, and in no case shall any officer of a prison, or any prisoner confined in a prison, or any person engaged in any sort of trade or dealing with a prison, be a juror on such inquiry.

16. Every subordinate prison officer or servant who:-

c. 126, s. 48; 50 & 51 Vict.

c. 57, s. 3.

Misconduct of sub-

prison

(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.

17.- 1) It shall be lawful for the Governor in Council Prison to make rules for the regulation and government of prisons, rules. 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.

(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.

and duties

18.-(1) All prisons shall be visited at least twice a Appointment month by justices of the peace appointed by the Governor to be visiting justices for periods to be specified in their appoint-

ments.

of visiting justices.

40 & 41 Vict. c. 21, ss. 13 and 14.

Reduction of imprisonment

portion of fine.

4 & 5 Geo. 5, c. 58, s. 3.

1480

(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 payinent 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.

Objects and Reasons.

This Ordinance consolidates and amends the law relating to Prisons. The source of each section and the nature of the amendments are shown in the attached Table of Correspon- dence. The principal amendments are the following :

1. In section 4 a new sub-section (s.s. 4) has been introduced to allow of the transfer of a prisoner from and to a prison to and from any place at which his attendance is required for the purposes of any form of statutory procedure, e.g., in the case of a convicted prisoner, for examination at the Secretariat for Chinese Affairs under the Deportation. Ordinance, or to give evidence before a Magistrate, etc.

2. Sub-section (5) of section 7 has been omitted, the view of the Superintendent of Prisons being that "a modern prison cannot be run on the 'silent' system. At work, at exercise and in hospital prisoners talk. To prevent them communicat- ing with one another is impossible. Talking in reason is not objected to by the prison administration, and excessive talking can be dealt with under the Rules."

3. (a) In section 8 the latter half of s.s. (1) and the whole of s.s. (2) have been omitted as unnecessary. Except for one or two cells in Victoria Gaol, which are larger than the average and are almost invariably used to accommodate three or more prisoners, the cells are all of much the same size. In the new

1481

prison the cells will be of uniform size. There is and will be therefore no distinction in size or type between a cell used for separate confinement of prisoners and any other cell. As regards s.s. (2) the Superintendent of Prisons is of opinion that any cell which is fit for a prisoner to be confined in is also fit for him to be punished in.

(b) The last three lines of s.s. (3) have also been omitted for the same reason as above.

(c) For the same reason in s.s. (4) a short provision forbidding alteration of an approved cell without the Governor's consent has been substituted for the old sub- section.

4. Section 18 (old 19) has been redrafted to conform with. the existing practice by which two visiting justices are appoint- ed twice a month to visit a particular prison.

5. Section 19 (old 20) has been amended by the omission in line 3 of "of summary jurisdiction" and the substitution of "any" for "a" before "court", since the Supreme Court in its criminal jurisdiction has in some cases (e g. manslaughter) power to fine.

September, 1932.

C. G. ALABASTER,

Attorney General.

..:

Ordinance

No. 4 of 1899. Section.

1482

TABLE OF CORRESPONDENCE.

New Ordinance Section.

ང.

Remarks.

A consolidating Ordinance.

"chief warders" omitted in (3) these being

subordinate officers. "Medical Officers' for "surgeons".

Lai Chi Kok Prison, the Female Prison and the Prison Ward of the Civil Hospital as well as Victoria Gaol set apart as prisons.

As enacted by No. 26 of 1927. s.s. (4) re- numbered (5). New s.s. (4) inserted (See Objects and Reasons).

"and chief warders" omitted.

Last four words of s.s. (1) omitted as surplusage. "Magistrate or other" for "justices of the peace, or" in s.s. (2). last three lines of S.S. (3) omitted.

"As far as possible" for "altogether" in para. 4. Para. 5 omitted. (See Objects and Reasons).

Latter half of s.s. (1), whole of s.s. (2) and last three lines of s.s. (3) omitted. S.S. (4) redrafted (See Objects and Reasons).

10.

11.

12.

As substituted by No. 26 of 1927, s. 4, "thrown, or in any manner introduced or conveyed" now added after "brought", and "or thrown into it" omitted.

As substituted by No. 26 of 1927, s. 5.

13.

14.

15.

16.

17.

16.

18.

17.

19.

18.

Redrafted to conform with actual practice

20.

19.

"Any" for "a" and "of summary jurisdic-

tion" omitted.

20.

Repeals.

1483

[No. 44-6.10.32.-1.]

(C.S.O. 1 in 4299/32).

A BILL

INTITULED

An Ordinance to amend the Opium Ordinance, 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.'

"or a

of Ordinance No. 7 of 1932, s. 10.

3. Sub-section (2) of section 13 of the Opium Ordin- Amendment ance, 1932, is amended by the deletion of the words passenger holding a permit under section 20."

of Ordinance No. 7 of 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 1932, is repealed.

of Ordinance

No. 7 of 1932, s. 20.

of Ordinance

6. Section 22 of the Opium Ordinance, 1932, is amended Amendment by the deletion of the words "other than the prepared opium specified in the proviso to section 20),"

No. 7 of

1932, s. 22.

Objects and Reasons.

1. In Article I of the Opium Agreement signed at Bangkok on the 27th of November, 1931, it was provided that the retail sale and distribution of opium should take place only from Government shops or, where local circumstances make the establishment of Government shops difficult, from shops managed under Government supervision, by persons appointed by the Government for that purpose and remunerated by a fixed payment and not by a commission on sales.

2. This Ordinance accordingly adds a proviso to section 10 of the principal Ordinance making it clear that the power to appoint suitable persons to sell prepared opium is to be exercised only where local circumstances make the establish- ment of Government opium shops difficult.

1484

3. This Ordinance adds a sub-section to section 13 of the principal Ordinance to give effect to Article III of the Bangkok Agreement which requires that prepared opium should be sold only for cash.

4. The proviso to section 20 of the principal Ordinance, which permitted passengers under special permit to carry small quantities of prepared opium for personal consumption on the voyage, is repealed. No special permits have been issued and the proviso is considered to be in conflict with Article 6 of the Geneva Prepared Opium Agreement of February, 1925, under which His Majesty's Government have undertaken to prohibit, without exception, the export of opium from any possession or territory into which it is imported for the purpose of smoking.

5. The repeal of the proviso to section 20 has rendered. necessary the consequential repeal of references thereto in sections 13 (2) and 22 of the principal Ordinance.

September, 1932.

C. G. ALABASTER,

Attorney General.

1485

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 428.-It is hereby notified that information has been received from the Netherland Consul-General to the effect that the restrictions gazetted as No. S. 240 have been removed.

4th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 429.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 260 have been removed.

4th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 430.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 289 have been removed.

4th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 431.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the

United States of America, including the Hawaiian Is- lands.

Bangkok.

Federated Malay States.

Straits Settlements.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

Do.

Hawaiian Is-

lands.

Bangkok.

4th November, 1932.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

1st July,

1932.

1st July, 1932.

No. S. 258.

No. S. 259.

18th July, 1932.

No. S. 270.

Do.

20th August, 1932.

No. S. 302.

E. R. HALLIFAX,

Colonial Secretary.

1486

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 432.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 31st October, 1932, as certified by the Managers of the respective Banks:

BANKS.

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

TOTAL

AVERAGE AMOUNT.

SPECIE IN RESERVE.

21,646,024

8,300,000*

128,382,337 | 112,000,000†

2,949,963

1,350,000$

152,978,324 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,143,700.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

§ In addition Securities deposited with the Crown Agents valued at £190,000.

4th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 433. The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion Loan 1940, 1944. £190,000.

4th November, 1932.

1071-1081

E. R. HALLIFAX,

Colonial Secretary.

1487

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 434.-The following names of successful tenderers are notified for general information:-

Government Notification.

Particulars.

Firms.

S. 305 of 13.8.32.

Tender for Clinic, Tsim Sha Tsui.

S. 316 of 23.8.32.

Tender for the supply of one double skinned

teak wood shallow draft launch.

S. 330 of 9.9.32.

S. 331 of 9.9.32.

S. 332 of 9.9.32.

S. 333 of 9.9.32.

S. 334 of 9.9.32.

Messrs. The Lai To

Construction Co.

Messrs. A. King Slipway.

Tender for the Conservancy Contract, City Mr. Chan Kim Hau.

of Victoria.

Tender for the Conservancy Contract, Kow- Mr. Chan Kim Hau.

loon.

Tender for the Conservancy Contract, Shau- Messrs. Li Lin and

kiwan, etc.

Au Iu.

Mr. Leung Chi

Ting.

Mr. Tang Kun Cheung.

Tender for the Blood and Hair Contract,

Kennedy Town.

Tender for the Blood and Hair Contract, Ma

Tau Kok.

Tender for the Slaughter House Contract,

Sai Wan Ho.

Tender for the Slaughter House Contract,

Aberdeen.

S. 335 of 9.9.32.

S. 336 of 9.9.32.

S. 337 of 9.9.32.

S. 338 of 9.9.32.

S. 339 of 9.9.32.

Tender for the supply of Head Stones.

S. 348 of 14.9.32.

S. 349 of 16.9.32.

S. 356 of 21.9.32.

S. 357 of 22.9.32.

S. 358 of 23.9.32.

Mr. Tam King.

Mr. Cheng Kwok

Cheung.

Tender for the supply of labour for the Mr. Ip Tsun.

burial of infectious corpses.

Tender for re-numbering old Head Stones.

Tender for structural alterations to Motor

Launch R. D. 2.

Tender for the purchase of Unserviceable

Government Stores.

Tenders for repairs to No. 5 Police Launch.

Tender for the supply of Motor Vehicle

Plates.

Tender for reconstruction of main outfall

nullah, Aberdeen Valley Scheme.

Mr. Pang Wing

Leung.

Mr. Pang Wing

Leung.

Messrs. The Kwong Hip Lung Co. (1932), Ltd.

Mr. Lam Tung Kee.

Messrs. The Hong Kong China Dock Co., Ltd.

Messrs. Lam Kee &

Co.

Messrs. The Eastern

Mercantile and Construction Co.

1488

Government Notification.

S. 363 of 30.9.32.

S. 364 of 30.9.32.

S. 365 of 30.9.32.

S. 366 of 29.9.32.

Particulars.

Tender for the supply and fixing of Fire Equipment at Government Civil Hospital and Mental Hospital.

Tender for repairs to No. 3 Police Launch.

Tender for Matsheds and Bridge and Provi- sions and Stores, etc., Fanling Camp.

Tender for Lairage, Ma Tau Kok.

S. 367 of 30.9.32.

Tender for New Service Reservoir, Yaumati.

Firms.

Messrs. The Jardine Engineering Corporation, Ltd.

Messrs. The Taikoo

Dockyard & Engineering Co. of H.K., Ltd.

•

Messrs. L. Charles

& Co.

Messrs. The Eastern Mercantile & Construction Co.

Messrs. Yee Lee &

Co.

4th November, 1932.:

E. R. HALLIFAX,

Colonial Secretary.

POLICE DEPARTMENT.

　　　No. S. 435.-It is hereby notified that sealed tenders in quadruplicate which should be clearly marked "Tender for making Uniforms for Government Departments will be received at the Colonial Secretary's Office until noon of Friday, the 25th day of November, 1932, for the supply and making up of uniform for the use of the Government Departments from 1st January, 1933 to 31st December, 1933.

　　　Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $200.00 as a pledge of the bona fides of their tender, which sum shall be forfeited to the Crown, if any tenderer fails or refuses to carry out his tender, should such tender be accepted.

　　　The successful tenderer will be required to sign a formal contract and to give security in the sum of $1,000.00 in cash to be deposited with the Colonial Treasurer for the due and faithful performance of the terms of such contract.

The Government does not bind itself to accept the lowest or any tender.

Forms of tender and further particulars may be obtained at the Office of the Inspector General of Police.

4th November, 1932.

E. D. C. WOLFE, Inspector General of Police.

1488

Government Notification.

S. 363 of 30.9.32.

S. 364 of 30.9.32.

S. 365 of 30.9.32.

S. 366 of 29.9.32.

Particulars.

Tender for the supply and fixing of Fire Equipment at Government Civil Hospital and Mental Hospital.

Tender for repairs to No. 3 Police Launch.

Tender for Matsheds and Bridge and Provi- sions and Stores, etc., Fanling Camp.

Tender for Lairage, Ma Tau Kok.

S. 367 of 30.9.32.

Tender for New Service Reservoir, Yaumati.

Firms.

Messrs. The Jardine Engineering Corporation, Ltd.

Messrs. The Taikoo

Dockyard & Engineering Co. of H.K., Ltd.

•

Messrs. L. Charles

& Co.

Messrs. The Eastern Mercantile & Construction Co.

Messrs. Yee Lee &

Co.

4th November, 1932.:

E. R. HALLIFAX,

Colonial Secretary.

POLICE DEPARTMENT.

The Government does not bind itself to accept the lowest or any tender.

Forms of tender and further particulars may be obtained at the Office of the Inspector General of Police.

4th November, 1932.

E. D. C. WOLFE, Inspector General of Police.

•

1489

FIRE BRIGADE DEPARTMENT.

　No. S. 436.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Repairs to No. 3 Fire Float", will be received at the Colonial Secretary's Office until noon of Friday, the 11th day of November, 1932.

Specifications can be obtained at the Government Marine Surveyor's Office.

Repairs to be executed to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

E. D. C. Wolfe, Chief Officer, Fire Brigade.

4th November, 1932.

MEDICAL DEPARTMENT.

　No. S. 437.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Medical Department Contract", will be received at the Colonial Secretary's Office until Noon of Monday, the 14th day of November, 1932, for the supply of Aerated Waters: Milk, etc., Provisions: Sundries and Washing, (Schedules Nos. 1 and 3 to 6), required locally by this Department, for the period of one year from the first of January next inclusive.

Tenders may be made for the 5 Schedules, or for each separately.

　No tender will be considered, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $200 as a pledge of the bona fides of his offer, should his tender be accepted.

　The Contractor will be required to enter into a bond for the due fulfilment of his contract, and for the supply of articles of the best quality.

The Contractor for Schedules Nos. 3 and 4 will be required to deliver supplies at the following Hospitals:--

Government Civil Hospital. Victoria Hospital.

Kowloon Hospital.

　The Contractor for Schedule No. 4 will be required to supply store accommodation, both in Victoria and Kowloon ample enough for the housing of provisions, and these stores must be kept in a sanitary condition.

　The Contractor for Schedule No. 6 will be required to collect the bedding and clothing at the Civil Hospital, Victoria Hospital in Barker Road, and Kowloon Hospital at Kowloon, returning the same to these institutions when washed.

　Except where otherwise stated the Contractor will be required to deliver all supplies at the Civil Hospital.

　The Contractor will be required to deliver all supplies, etc., free from any additional charge, beyond that stated in his tender.

The Government does not bind itself to accept the lowest or any tender.

　All other information and form of tender may be obtained from the Director, Medical and Sanitary Services at the Post Office Building.

A. R. WELLINGTON, Director of Medical and Sanitary Services.

1st November, 1932.

ין

1490

PUBLIC WORKS DEPARTMent.

No. S. 438.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Kowloon Quarry Lot No. 2", will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of November, 1932, for the occupation for a period commencing from the date of notification of acceptance of tender and ending on 31st December, 1933, of the piece or parcel of ground as shown coloured red on a plan signed by the Director of Public Works and dated 25th October, 1932, and subject to the conditions which can be ascertained at the office of the Director of Public Works.

Upset annual fee $4,950.

　　　On the acceptance of a tender the deposits of unsuccessful tenderers will be returned to them.

　　　Form of tender and further particulars can be obtained from the office of the Director of Public Works.

The Government does not bind itself to accept the highest or any tender.

4th November,1932.

R. M. HENDERSON,

Director of Public Works,

工憲

工程司軒

s憲示第四百三十八號

低昂任由政府棄取或總棄不取此佈

証金行將發還欲知詳細章程及投票格式可來署詢取所投之票價格遵章辦理則將保証金充公如一投票者已允准後其餘不入選者之保司署繳銀二百五十圓取回收條以爲保証金如投票允准後投得者不程可來署詢取每年底價四千九百五十圓又凡欲投票者湏先往庫務署名所繪之圖則内填紅色處指明之投得之人湏遵照章程辦理該章至一千九百世三年十二月十一日止經於本年十月廿五日由本司期一日正午以前寄至布政司署石塘之批期由通告投票允准之日起明係票投九龍石塘第二號字樣於一千九百卅二年十一月十四日星佈告事照得現招人投票開採石塘如欲投票者湏繕票三張其封面號

為

一千九百三十二年

十一月

四

日

1491

PUBLIC WORKS DEPARTMENT.

No. S. 439.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for repairs to Grab Dredger No. I", will be received at the Colonial Secretary's Office until Noon of Thursday, the 17th November, 1932, for slipping, repairing and painting Government Grab Dredger No. 1.

A list of work may be obtained at the Government Slipway, Yaumati.

The work to be carried out to the satisfaction of the Government Marine Surveyor.

The Government does not bind itself to accept the lowest or any tender.

4th November, 1932.

R. M. HENDERSON,

Director of Public Works.

DISTRICT OFFICE, TAI Po.

No. S. 440.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 12 Noon, on Thursday, the 17th day of November, 1932.

The Lots are let for the term of Five years from the 1st day of July, 1932, as Agricultural Lots. Lot No. 1 is subject to Special Conditions Nos. 1 to 5 hereunder. Lot No. 2 is subject to Special Conditions Nos. 1 to 4.

PARTICULARS OF THE LOTS.

LOTS

Registry No.

Boundary Measurements.

Locality.

Contents

in Acres.

Annual

Upset Crown

Price.

Rent.

No. D. D.

Lot.

feet.

feet. feet. feet.

101

Mai Po.

131

812

Yeung Siu Hang.

As per plan deposited in the 1974 acres.

District Office, North.

-21 Do.

Nil.

39.50

.50

SPECIAL CONDITIONS.

1. The lessee may not mortgage or sublet the land.

2. The lease is determinable at any time on six calendar months' notice being given.

　3. If the lease is determined by the notice from the Crown before expiration of the period for which the lot is leased the lessee is, if he has made improvements and if it is recommended by the District Officer, to be entitled to compensation, such compensation to be not more than twice the value of a crop taken off the land resumed.

　4. At the expiration of the term for which the lot is leased the land with all impro- vements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the lessee in respect of such improvements.

5. The lessee shall within twelve months from the date of lease construct a bund on the seaward side of the lot to the satisfaction of the District Officer, North.

E. H. WILLIAMS,

District Officer, North.

24th November, 1932.

1492

DISTRICT OFFICE, TAI PO.

　- No. S. 441. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Tai Po, at 11.30 a.m., on Wednesday, the 16th day of November, 1932

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 9 as Building Lots. Lots Nos. 10 and 11 as Threshing Floor Lots and Lot No. 12 as an Agricultural Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 3 are further subject to Special Condition No. 2 (a) and (b). Lots Nos. 4 to 9 are further subject to Special Condition No. 2 (a). Lot No. 9 is further subject to Special Condition hereunder specified. Lots Nos. 10 and 11 are further subject to Special Condition No. 1 (a). Lot No. 12 is further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,250, $1,250, $1,250, $2,500, $1,000, $750, $500, $250 and $750 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

Contents in Acres, or Price. Square feet.

Annual

Upset

Crown

Rent.

feet. feet. feet. feet.

$ $

1016

Tai Po old Market.

As per plan deposited in the District Office, North.

1,860 sq. ft. 372

5.00

1017

1,965

393

5.00

1018

2,070

414

5.00

1102

Kam Shan.

4,000

10.00

216

672

Tai Wan.

1,710

2.00

354

Lung A Pai.

875

1.50

Ping 2478

Ping Chau.

525

1.00

Chau.

8 364

Fo Tau Pun.

225

.50

215

563

Sai Kung.

1,276

3.00

LO 29 1215

Ting Kok.

4,550

.40

11 210 489

12 215 565

Pak Sha Wan

400

.10

Sai Kung.

111 acre. 121

1.20

SPECIAL CONDITION TO LOT No. 9.

　　　The purchaser shall within twelve months from the date of sale, fill in the lot to levels approved by the Director of Public Works and protect the whole with walls to the satisfaction of that Officer.

4th November, 1932.

E. H. WILLIAMS,

District Officer, North.

יין

1493

DISTRICT OFFICE, TAI Po.

　　No. S. 442.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 12 Noon, on Thursday, the 17th day of November, 1932.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lot No. 1 as a Building and Garden Lot. Lots Nos. 2 to 5 as Building Lots. Lot No. 6 as a Threshing Floor Lot and Lots Nos. 7 and 8 as Agricultural Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 5 are further subject to Special Condition No. 2 (a). Lot No. 6 is further subject to Special Condition No. 1 (a). Lots Nos. 7 and 8 are further subject to Special Condition No. 1 (a) (b) and (c) in the above Government Notification.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,000, $2,500, $500, $500 and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Acres, or Square feet.

Upset

Crown

Price.

Rent

No.. D. D. Lot.

feet. feet. feet. feet.

131

813

Castle Peak.

As per plan deposited in 13,500 sq. the District Office, North.

ft. 135

15.50

2 104 4197

Wai Tsai.

18,000

180 21.00

3 123

1517

Tai Tsing.

858

1.00

130

2520

Nai Wai.

478

1.00

2519

168

.50

•

129

3385

San Tsun.

1,500

.20

106

623

Kam Tin.

172 acre. 188

1.80

104

4198

Wai Tsai.

27.54

3017

27.60

4th November, 1932.

E. H. WILLIAMS,

District Officer, North.

1494

DISTRICT OFFICE, SOUTH.

No. S. 443.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 18th day of November, 1932.

　　The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $800.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents

Annual Upset Crown

Square feet. Price. Rent.

Lantao Island Demarcation District

No. 310

Lot No. 290.

Keung Shan.

4th November, 1932.

900

1.50

Subject to

readjustment as

provided by the

Conditions of

Sale.

B. C. K. HAWKINS,

District Officer, Southern District

PUBLIC WORKS DEPARTMENT.

No. S. 444.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 21st day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in sq. feet.

Annual

Upset

Rental. Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot

No. 3055.

Junction of Tam Kung Road and Sung Wong Toi Road,

As per sale plan.

6,820

5,115

Ma Tau Chung.

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

4th November, 1932.

R. M HENDERSON,

Director of Public Works.

1495

SANITARY DEPARTMENT.

No. S. 445. In accordance with section 168 of the Public Health and Buildings Ordinance, 1903, Ordinance No. 1 of 1903, it is hereby notified that the Government proposes to erect a Public Latrine at the junction of Centre Street and Second Street on the site of the Old Sai Ying Pun Market.

4th November, 1932.

一千九百三十二年

十壹月四日

呈五千千不有

以

願附

G. R. SAYER,

Head of the Sanitary Department.

佈

五

篇

PUBLIC WORKS DEPARTMENT.

　　No. S. 415.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Crematorium at Kai Lung Wan Cemetery", will be received at the Colonial Secretary's Office until Noon of Monday, the 7th day of Novem- ber, 1932. The work consists of the erection of a Crematorium with two furnaces, subsidiary buildings and Caretaker's Quarters.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

19th October, 1932.

R. M. HENDERSON,

Director of Public Works.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 32 of 1932.

Re Lam Hon Pok, of No. 5, Austin Road, (first floor), Yaumati, Clerk.

Petition dated the 2nd day of November, 1932.

Receiving Order dated the 2nd day of November, 1932.

NOTICE is hereby given that Thursday,

1498

GRAND HOTEL DES WAGONS-LITS,

LIMITED.

(INCORPORATED UNDER THE COMPANIES

ORDINANCES OF HONG KONG)

NOTICE is hereby given that the Twenty-

ninth Annual General Meeting of Share- holders of the Grand Hotel des Wagons-Lits, Limited, will be held at the Registered Office of the Company, Exchange Building, (2nd floor) Des Voeux Road Central, Hong Kong, on Wednesday, the 23rd November, 1932, at 12 o'clock noon, for the purpose of receiving a Statement of Accounts and the Report of the Directors for the year ended on the 30th June, 1932, and re-electing a Director and the

Auditors. the 10th day of November, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 3rd day of November, 1932.

By Order of the Board,

F. C. BARRY,

Acting Secretary.

Hong Kong, 19th October, 1932.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Alfred Bryer, of 3 Stone Buildings, Lincolns Inn, in the County of Middlesex, and formerly of Oaklands, Hildenbo- rough, Tonbridge in the County of Kent in the United Kingdom deceased.

OTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to 20th day of November, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 24th day of October, 1932.

DEACONS,

Attorney for the Executor, 1, Des Voeux Road Central,

Hong Kong.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

COMPANIES (WINDING-UP)

No. 3 of 1931.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of the Hong Kong Ex- cavation Pile Driving & Construc- tion Company, Limited.

NOTICE TO CREDITORS OF DIVIDEND DECLARED.

FIRST dividend of $26.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above- mentioned dividend may be received at the Official Receiver's Office, Victoria, in the Colony of Hong Kong, on the 8th day of November, 1932, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during the office hours.

Creditors applying for payment must pro- duce any bonds, bills of Exchange or other

security held by thein, and must sign a receipt

in the prescribed form.

Dated the 3rd day of November, 1932.

E. L. AGASSIZ,

Official Receiver and Liquidator.

In the matter of The Companies Ordin-

ance 1911.

and

In the Matter of The Sing Ping Enter-

tainment, Limited.

(IN LIQUIDATION)

I HEREBY declare a first and that dividend

HEREBY declare a first and final dividend

In the Matter of The Companies Ordin-

ances No. 58 of 1911-1925,

and

In the Matter of The United Powers

Company, Limited.

(IN LIQUIDATION.)

OTICE is hereby given in pursuance of

Section 188 of the Companies Ordin-

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent of 1923. Notice is hereby given, that the Lun

Transfer of Business Ordinance No. 25

On fi:m (), carrying on business

as Preserved Ginger & Fruit Manufacturers at No. 5 Queen's Street, Victoria, Hong Kong, (hereinafter called the Transferors) have agreed to assign the said business of the said Lun On firm to Hop Shing Tong (

aforesaid (hereinafter called the Transferees) The Completion will take place on the 19th day of November, 1932.

ances 1911-1925, that a General Meeting of the Members of the abovenamed Company and, of No. 5 Queen's Street, Victoria, Creditors will be held at n Lok Yuen, No. 25, Des Voeux Road Central, Victoria, in the Colony of Hong Kong, on Saturday, 10th December, 1932, at 3 p.m. for the purpose of having an account laid before them, showing the manner in which the winding-up has been conducted and the property of the Company disposed of, and of hearing any explanations that may be given by the Liquidators, and also determining by Extraordinary Resolution the manner in which the books, accounts and records of the Company and of the Liquidators thereof shall be disposed of.

Dated the 3rd day of November, 1932.

WOO YEE TUNG, LEUNG IU WING,

Joint Liquidators.

白告明聲

民無日桓借一簽別辦殿啓國涉後君等年據業理者廿特生二項+等如今君美 -此意人俱月情黃因陳利 FRZV-

Dollar to be payable on or after Saturday, the FEAR

12th November, 1932, in respect of all claims allowed by me against the above-named

Company.

Dated the 3rd day of November,

1932.

PUN CHO KAU,

Liquidator.

池二週黃方君事自經自辦廠號知殿為及情民手願桓人臣有麥及揭辭君係君效銳揭廿借職等黃

廠謹啓

The Transferees intend to carry on the business at No. 5 Queen's Street, Victoria, aforesaid and will not assume the liabilities incurred by the Transferors in the said busin-

ess.

The Transferees still use the name of "Lun

On firm" () by adding two char-

acters "Sing Kee

Dated this 27th day of October, 1932.

(LUN ON FIRM)

廖燊芳

Transferors

(HOP SHING TONG)

鄭澤波

Transferees.

IN THE SUPREME COURT OF HONG KONG.

NOTICE.

NOTICE is hereby given that pursuant tioners' Ordinance 1871 and 1913, Christopher

to the provisions of the Legal Practi-

D'Almada e Castro of the 1st floor of David

House, Victoria in the Colony of Hong Kong,

who was articled to his father, Mr. Leo.

D'Almada & Castro, Solicitor of the same place,

intends, at the expiration of one month from the date hereof, to apply for his examination

Supretne Court of Hong Kong.

and admission as a Solicitor and Proctor of the

Dated the 28th day of October, 1932.

CHRISTOPHER D'Almada e Castro.

(FILES NOS. 201 and 284 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Courtaulds,

Limited, of No. 16, St. Martins-le-Grand, London, England, Spinners and Manufacturers, have, on the 16th and 26th days of June, 1931, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark:

1499

(FILE No. 395 of 1932) |

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sam Wo Hing & Company, Limited, of No. 21, Queen Street, Victoria, in the Colony of Hong Kong, have, on the 18th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Mark of the following Trade Mark, viz:-

3.1" (FILE No. 397 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Tsang Hin Tat, of No. 8, College View, Hong Kong, has, by two applications all dated the 26th day of October, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

COURTAULDS

LTD

Cauliflower

BRAND

|||||0

RED A

紅

COLD BAG

in the name of Courtaulds Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect of:-(1) Transparent paper (except paper hangings) in Class 39, (2) Cellu- lose in sheets included in Class 50 in class 50, and 3 Artificial silk piece goods, threads and yarns in Class 50.

　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of November, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

(FILE No. 400 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Limited, of No. 32, Connaught Road NOTICE is hereby given that The Himly

Central, Hong Kong, Export and Import Mer- chants, have, on the 28th day of October, 1932, applied for registration in Ilong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Good!

PURITONE

manoles

brs andse s

sor to drom

misli to dustN

必

利

通

　　in the name of The Himly Limited, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by The Himly Limited, but it is their intention 89 to use it forthwith in respect of Medicines and Medicated Articles in Class 3. n adı 1o enla

　　　Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the under ghadMO OLACHATE CET

I AXROW

Dated the 4th day of November, 1932.

noalWOTHER HIMIA LIMITED,

tol payidlicants.

No. 32, Caught Road Central, Hong Kong.

in the name of Sam Wo Hing & Company, Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect of Substances used as food, or as ingredients in food.

Facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

•

Dated the 4th day of Novemher, 1932.

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

(FILE No. 388 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N Ready Company (Great Britain), Limit- ed, of Ever Ready Works, Hercules Place, Holloway, London, N.7., England, Manufac- turers, have, on the 15th. day of October, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

OTICE is hereby given that The Ever

BEREC

in the name of The Ever Ready Company'

(Great Britain), Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith, in respect of the following goods :-

Electric Dry Cells, all sizes, including Dry Batteries for use with wireless, Radio Receivers and Accumulators, in Class 8.

Torches and/or Flashlight cases in which Dry Cells are used and Electrical equipment devices, apparatus and

in the name of Tsang Ilin Tat, who claims to be the sole proprietor thereof.

The Two Trade Marks are intended to be used forthwith by the applicant in respect of Chemical substances prepared for use in Medi- cine and Pharmacy, in Class 3.

Representations of the Two Trade Marks are deposited for inspection in the Office of the Re- gistrar of Trade Marks.

Dated the 4th day of November, 1932.

TSANG HIN TAT,

No. 8, College View, Hong Kong,

Applicants.

(FILE No. 357 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The King

On Firm) of No. 179, Wing Lok Street, West, (2nd floor), Victoria in the Colony of Hong Kong, Merchants on the 28th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,. viz:

安敬

庄選

in the name of The King On Firm, who claim to be the Proprietors thereof.

The Trade Mark is intended to be used by the applicants forthwith in Class 36 in respect of Chinese grass mats and matbags.

It is hereby stated that the Applicants dis claim the right to the exclusive use of the

supplies therefor in general, in letters (##).

Class 13..

Facsimiles of the above Trade Mark can be

Miniature Bulbs for use in Flashlight seen at the office of the Registrar of Trade

cases, in Class 15.

Dated the 4th day of November, 19329unt!

Marks and also at the undersigned) Sh osla, kuns

Dated the 7th day of October, 1932. bawl

1.03 AFLO AND LO,

Solicitors for the Applicants, Alexandra Building,

Jewust

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants,

"Lalasë hapt

Prince's Building,

Hong Kong

goo? Des Vœux Road Central,

―

1500

(FILE No. 311 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Wai Shiu

OTICE is hereby given that Wai Shiu

ak alias Vi-Ki of No. 182, Queen's Road Central, Victoria, in the Colony of Hong Kong, has on the 27th day of August, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Marks, viz :-

(1)

(2)

唐佛

(FILE No. 342 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that The Standard Chemical Works, Limited whose re- Colony of Hong Kong, and carrying on business gistered office is situate at Victoria, in the

(1)

in the name of Wai Shiu Pak alias Vi-Ki, who claims to be the Proprietor thereof.

Marks Nos. 147 of 1928, 250 of 1930, and 214 to 219 of 1931.

The Applicant disclaims the right to the exclusive use of the Chinese

Character (丹)

　　　　　　　　　Facsimile of such Trade Marks can be seen at the Offices of the i Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th day of October, 1932.

(FILE No. 351 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

(FILE NO. 256 or 1932) TRADE MARKS ORDINANCE, 1909.

NOTICE is hereby given that Chan Sing No

PEO

　　　　　　in the name of the said Chan Sing Loong trading as The Kwong Sing Loong firm, who claims to be the proprieter thereof.

　　　　　　The Trade Mark has been used by the Applicant in respect of Rickshaw only in Class 22.

　　　　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 7th day of October, 1932....

RUSS & CO.,

Solicitors for the Applicants, No. 6, Des Voeux Road Central,

Hong Kong.

Application for Registration of a Trade Mark,

OTICE is hereby given that British American Tobacco Company, Limited of Westminster House, of Millbank, London, S.W., England, Tobacco Manufacturers, have on the 11th day of June, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

ST BRUNO

OGDEN, ENGLAND.

in the name of British American Tobacco Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Manufactured Tobacco în Class 45.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th of October, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Rood Central, Hong Kong.

QUALITY

BE LUCE

MARK

ŠTANDARD PROVÜCT

STANBUL CHEMICAL

KHON

BEAUTIFIER FOR THE SKIN, FACE

AND HAS

VOLAN SOMEON

TUSSING BIRDENS

(2)

LUKE

CALITY

"RADE MARK

Creum DJcc

STANDARD PRODUCT

VERA CREPICAL

A JEAUTIFIER FOR

THE SHE FACE

AND HANDS.

CREAM

D'JADE

When Thinking of Beauty

STANBARY CHEMICAL

WORKS LTD.

(3)

STANDARD HAIR CREAM

Bahan hour thug mandat, salt and

glong Katya tha hair haak in ha

sakant shote aha aharpening

SEABED MALACHEAR

STANDARD HAIR CREAR

Makes hair stag vonded, sell and

glenny Kaps the hair bond to de

nakanal phata allar shampooing

STANDAND CH MIEx CUK:

in the name of The Standard Chemical Works, Limited, who claim to be the proprietors

thereof.

The above Three Trade Marks have been used by the applicants in respect of the follow- ing goods in Class 48:-

Trade Mark No. (1) in respect of Hair

cream, face cream, lotion, talcum powder, hair oil, florida water and tooth powder.

Trade Mark No. (2) in respect of Face

cream.

Trade Mark No. (3) in respect of Hair

cream.

These Trade Marks are associated with one another. Registration of these Trade Marks is limited to the colours indicated thereon.

Representations of the above three Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 7th day of October, 1932.

THE STANDARD CHEMCIAL. WORKS, LIMITED, Nos. 105-113, Chueng Sha Wan Road,

Shamshuipo, Kowloon,

Hong Kong.

Applicants.ol

1501

(FILE NO. 177 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

[OTICE is hereby given that Proprietary Agencies Limited of 179 to 181

the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Car M. Paillif

(FILE No. 338 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that we the Kwong Sang Hong, Ltd., of Nos. 250 to 252, Des Voeux Road, Central, Hong Kong,

have on the 7th day of September, 1932,

applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

ཡ མ་ པ་ ་* = ,

GENUINE

PHILLIPS-

MILK OF

A CONCENTRATED

MAGNESIA

LIQUID MACHESIA

PHILLIPS' MILK OF MAGNESIA, MAINOK malhalika la appearance and consistence, ado, ras, jal and has fram karbonic acid gas,

All yorld from 37 μ90.

Magnum Hydrovan÷MĮ (UH); Allen Partie

CONTENTH 12 taglioz

PHILLIPS MILK OF,

18. MARIA cada m

websla. That mit chaYOUR RE

almost indefaultly galākie uniesu aliowed in towers

PROPRIETAR Kadencira, Ltd., Proprietors LONDON, ENGLAND

Successors to

| THE CHAS, N. PHILLIPS CHEMICAL CO.

Successors to Cawit A. Millife

NEW YORK

Maria Ala stora mater en top dame not indicate prezNE SE VRAT Samt var in perpara sedaj la capete, kar stary Judy

KEEP FROM FREEZINA,

MADE IN GLENBROOK, CONN U. 3 A

PHILLIPS

GENUINE

MILK OF MAGNESIA

香艷

膠

in the name of Proprietary Agencies Limited, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants since the year 1873 in respect of a medicinal preparation of magnesia for human use as a stomachic and also as a tooth and mouth Wash in Class 3.

The Applicant disclaim the right to the exclusive use of the words

"Milk of Magnesia" appearing in the Trade Mark.

　　　　　　The said Trade Mark is limited to the colours Blue, White, Red and Black, exactly as shown on the representation on the form of application, and which may also be seen at the offices of the undersigned.

Dated the 7th day of October, 1932.

(FILE No. 129 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a

Trade Mark.

Kaisha, Limited

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

(FILE NO. 333 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Mrs. Mary

NOTICE is hereby given ted of Japan and of N Tavaststierna of No. & East Point

No. 14, Pedder Street, Victoria, Hong Kong, have, by an application dated the 16th day of April, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BEST ROLLER

FLOUR

Terrace, in the Colony of Hong Kong, has on the 7th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

AMIEUX

COMP

(2)

FLOWER !PERFUME

WONG

SANG

MONG

(3)

香日十

Concentrated

Flower Perfume

in the name of the said Mitsubishi Shoji Kaisha, Limited, who claim to be the sole proprietors thereof.

　　　　The said Trade Mark has been used by the applicants in respect of wheat flour in Class 42.

The said Trade Mark is associated with Trade Marks Nos. 204 of 1924 and 133 of 1925.

Dated the 2nd day of September, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building, Chater Road,

AMD

REC TRADE MARK

in the name of the said Mrs. Mary Tavastst- jerna, who claims to be the proprietoress thereof.

The Trade Mark is intended to be used by the Applicant in respect of Coffee and Tea in Class 42.

Fascimiles of the Mark may be

seen at the offices of the Registrar of the Trade Marks and of the undersigned.

Dated the 7th day of October,1932.

MARY TAVASTSTJERNA,

A ii.

7, East Point Terrace,

Hong Kong

in the name of our Company, who claimed to be the proprietors thereof.

The above Trade Marks are intended to l be used by us in respect of Hair Fixer, and two Trade Marks in respect of Toilet Water in Class 48.

and we disclaim the right to the exclusive use of all the Chinese Characters appearing on the Marks.

Facsimile of the Trade Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 7th day of October, 1932.

KWONG SANG HONG, LTD.,

Applicants.

NOTICE OF TRANSFER.

OTICE is hereby given in pursuance of

NOTICE

Business Ordinance, No. 25, of 1932, that C. Ebrahim, of No. 11, (formerly No. 6) Tin Lok

1502

(FILE No. 288 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Trade Marks.

is hereby given that S. C. Lay

Lane, Wanchai, in the Colony of Hong Kong, NOTIC Company of Alexandra Building,

carrying on the business of provision stores at the above premises under the firm name of Morrison Store, (Z) has this day

transferred the said business of Morrison Store

to Hop Shing Tong, (A) of No. 81,

Queen's Road Central, Victoria, in the said Hong Kong. The Transferee intends to carry on the business at No. 11, (formerly No. 6). Tin Lok Lane, Wanchai. aforesaid under the said style or firm name of Morrison Store and will not assume the liabilities incurred by the

　　　　Transferor in the said business hitherto carried on by him.

Dated this 1st day of November, 1932.

C. EBRAHIM,

HOP SHING TONG,

(FILE NO. 302 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTIOn Firm of No. 104, Wing Lok Street,

OTICE is hereby given that Chu Kwong

Victoria in the Colony of Hong Kong, Mer-

chants, have on the 19th day of August, 1932,

applied for the registration in Hong Kong in

the Register of Trade Marks, of the following Trade Mark :-

標商角三

TRIANGLE

in the name of Chu Kwong Lan Firm, who claim to be the proprietors thereof.

　　　　　The Trade Mark is intented to be used forthwith by the applicants in respect of Ground Nut Oil in Class 42.

　　　　A representation of the Trade Mark is de- posited for inspection in the Office of Registrar

of Trade Marks, Hong Kong.

Dated the 2nd day of September, 1932.

CHU KWONG LAN FIRM, Applicants.

白告要重

文壬

& Victoria in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for registration in Hong Kong of the accompany- ing Trade Marks:-

(1)

料油國英

GOURD BRAND

理代總行洋全吉港香

SOLE AGENTS: -

S. C. LAY & CO. HONG HONG

MANUFACTURED IN ENGLAND.

(2)

料油國英

味猪

PIG BRAND

理代總行洋全香港香

SOLE AGENTS:-

S. C. LAY & CO. HONG KONG.

MANUFACTURED IN ENGLAND.

(4)

(3)

料油國英

WHEEL BRAND 理代總行洋全吉港香

SOLE AGENTS: ~

S. C. LAY & CO. HONG KONG

MANUFACTURED IN ENGLAND

CRAB

BRAND

理代總行洋金吉港香

SOLE AGENTS: -

S. C. LAY & CO. HONG KONG.

MANUFACTURED IN ENGLAND.

in the name of the said S. C. Lay & Company, who claim to be the proprietors thereof.

The above Trade Marks have not hitherto been used by the Applicants but it is their

intention to use the same forthwith in Class 1 in respect of paints.

Facsimiles of the Marks may be seen at the offices of the Registrar of Trade Marks or of the undersigned.

Dated the 2nd day of September, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 301 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Tam Yau Kee Firm of No. 152, Queen's Road Central, Hong Kong and No. 27, Kwoo Tung Chik Street, Fat-shan, Province of Kwong Tung in the Republic of China, have on the 20th day of August, 1932, applied for the Mods registraton in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--- 小別

商

#XI # *

咸申此後

約號人者

再

事西

人

程

特此聲明

壬申年十月初七日

文西街十六號茂生堂

啓

俱向合近蓋以來約有

號事

啓者近有謠傳小

別人合約實無此事殊該聽聞

·事人簽字爲重簽

圖人按此小 to be the proprietors thereof.

逸茂章

亭堂

則 T

效簽立聞保

註

in the name of Tam Yau Kee Firm, who claim

The Trade Mark has been used by the applicants in respect of Tooth Brushes in Class 50 since 1928.

Dated the 2nd day of September, 1932.

TAM YAU KEE FIRM, Applicants.

(FILE No. 308 OF 1932)

TRADE MARKS ORDINANCE. 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Dairy N

in the name of The Dairy Farm Ice and Cold Storoge Company, Limited, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Margarine in Class 42.

The Applicants have undertaken not to use the Trade Mark in red on a white ground, or in white on a red ground.

The said Trade Mark is to be associated with Trade Mark No. 47 of 1927.

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Vœux Road Central, Hong Kong.

(FILE No. 276 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

South China Hides

Many & Company Canton

in the name of Many and Company, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Hides in Class 37.

The Applicants disclaim the right to the exclusive use of the words "South, China Hides" appearing in the Trade Mark.

A facsimile of such Trade Mark can be seen

at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned. -

Dated the 2nd day of September, 1932.

DEACONS, }

Solicitors for the Applicants,

Des Voeux Road, Central,

Hồng Kong.

་་.

1503

(FILE No. 287 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that David Sas- soon & Co., Ltd., of No. 12, Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have on the 11th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

AUSTRALIAN

BEST ROLLER FLOUR

KANGAROO

ORDINANCES FOR 1931.

DOUND volumes of Ordinances of

BHong Kong, including Pro- BOUND

clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

BRAND

DAVID SASSOON & CO.LTD. HONGKONG

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Flour in Class 42.

Facsimile of the Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of September, 1932.

DAVID SASSOON & CO., LTD., No. 12, Des Voeux Road Central, Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance),.. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

.$1.00 for 1st

$0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's issue.

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

1506

LEGISLATIVE COUNCIL.

No. S. 446.-The following Bills were read a first time at a meeting of the Council held on the 10th November, 1932 :--

(C.S.O. 1 in 4299/32).

A BILL

[No. 44-6.10.32.-1.]

Short title.

Amendment

of Ordinance No. 7 of 1932, s. 10.

Amendment

of Ordinance No. 7 of

1932, s. 13.

Amendment

INTITULED

An Ordinance to amend the Opium Ordinance, 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- ment Ordinance, 1932.

2. Section 10 of the Opium Ordinance, 1932, is amended 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 "or a passenger holding a permit under section 20."

4. The following sub-section is added at the end of of Ordinance section 13 of the Opium Ordinance, 1932:-

No. 7 of

1932, s. 13.

Amendment

(3) No prepared opium or opium dross shall be sold or purchased otherwise than for cash.

5. The proviso to section 20 of the Opium Ordinance,

of Ordinance 1932, is repealed.

No. 7 of

1932, s. 20.

Amendment

6. Section 22 of the Opium Ordinance, 1932, is amended of Ordinance by the deletion of the words "other than the prepared opium

specified in the proviso to section 20),"

No. 7 of

1932, s. 22.

Objects and Reasons.

、

1507

3. This Ordinance adds a sub-section to section 13 of the principal Ordinance to give effect to Article III of the Bangkok Agreement which requires that prepared opium should be sold only for cash.

5. The repeal of the proviso to section 20 has rendered necessary the consequential repeal of references thereto in sections 13 (2) and 22 of the principal Ordinance.

September, 1932.

C. G. ALABASTER,

Attorney General.

(C.S.O. 4456/26).

1508

[No. 33.-9.11.32.-7.]

Short title.

Interpreta- tion.

Constitution

of force

and civilian staff.

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to

the establishment and regulation of the Police Force.

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,

(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.

Constitution of the Force.

1509

and

4. The force and civilian staff shall be under the control Control of of the Inspector General and the members thereof shall obey force ar all such lawful commands as they may receive from the In- staff. spector General.

Regulation of the Force.

civilian

declaration.

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.

retirement

7. It shall be lawful for the Governor in Council to Compulsory require any subordinate officer, constable, police interpreter, for 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

claimed.

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 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.

as to

of force.

9.-(1) It shall be lawful for the Governor in Council Provisions to make regulations for the granting of pensions to members 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.

Pensions of Inspector General etc., and civilian staff.

Ordinance No. 21 of 1932.

Revocation of pension.

Regulations.

1510

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. (1) 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;

(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- iation 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

}

1511

etc., on

breach of

conviction

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;

(e) drills, not exceeding ten in number;

(d) loss of pay during any period of absence from duty

(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

Dismissal.

Power to grant rewards,

badges and medals for

1512

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.

16. It shall be lawful for the Governor, on the repre- sentation of the Inspector General, to dismiss any subordinate oflicer 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 under 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.

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.

1513

c. 58, s. 22.

(3) Whenever any person apprehended with or without 4 & & 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.

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, 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.

Power of arrest.

c. 86, s. 44.

1514

(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.

Search, arrest and detention.

Power to

and detain

vessel, etc.,

or person

suspected of conveying stolen

property.

c. 47, s. 66.

21. It shall be lawful for any officer of police to stop, stop, search, 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- 2 & 3 Vict. 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.

Power to detain

person, etc., removing furniture in night- time, etc.

purpose of evading the payment of rent.

c. 47, s. 67.

Detention

and sale of horse, cart, etc., of person apprehended.

2 & 3 Vict. c. 47, s. 68.

1515

arrest in

offences

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.

of officer

execution

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 police magistrate, such officer shall not be responsible for any acting in irregularity in the issuing of the warrant or for any want of of warrant. 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.

victualler,

27. Every keeper of any place for the sale of liquors Penalty on whether spirituous or not, who knowingly harbours or enter- etc., har- 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

assaulting, or refuses to assist any such officer or member of a crew in the of force execution of his duty when called upon to do so, or who, by acting in the giving of false information with intent to defeat or delay execution the ends of justice, wilfully misleads or attempts to mislead misleading

or crew

officer by false Information.

Special duty and expenses thereof.

Ordinance

No. 6 of 1875.

Construction

of Ordin- ance, etc., where expression "Captain

1516

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.--(i) 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.

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 intendent of expression "Inspector General of Police", such Ordinance or

other document shall be read and construed accordingly.

Super-

Police"

occurs.

Repeal of Ordinances No. 11 of

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 1930. No. 23 repealed.

1900. No. 18

of 1929,

No. 20 of

of 1931 and

No. 2 of 1932.

Commence- ment.

32. This Ordinance shall come into force on the 1st day of January, 1933.

Objects and Reasons.

2. Section 7 dealing with compulsory retirement for inefficiency or age is substituted for Section 14 of the principal Ordinance which dealt with compulsory resignation for ill health.

3. Section 16, as substituted by No. 18 of 1929, has been omitted, and a general power in the Inspector General to make regulations governing leave and passages for subordinate members of the force and members of the civilian staff has been added to (new) Section 12.

4. By Section 28 the new offence of wilfully giving false information to the police, with intent to defeat or delay the ends of justice, has been created. The case of Bastable v. Little (1906, 1 K.B., 59) goes to show that wilful misleading may amount to obstruction of a police officer (s. 34 of the Offences against the Person Ordinance, 1865), but it seems better to have the offence clearly defined.

September, 1932.

C. G. ALABASTER,

Attorney General.

1517

SCHEDULE.

[s. 5.]

Oath.

I swear by Almighty God 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 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 Heirs 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.

1518

TABLE OF CORRESPONDENCE

between

The Police Force (Consolidation) Ordinance, 1932, and Ordinance No. 11 of 1900.

Section of Ordinance

No. 11 of

Section

of new Ordinance

1900.

17A

Remarks.

which

New definition (c) of "officer of police"

or "member of the force", terms appear to have the same significance.

Words "of police" omitted after "Inspector General" and "Deputy Inspector Gen- eral" in this and all subsequent sections.

As amended by No. 18 of 1929.

This section has been redrafted and sub- stitutes compulsory retirement for inefficiency or age for the old provision for compulsory resignation for ill health.

Omitted-leave and passages are now dealt

with under (new) s. 12.

As amended by No. 20 of 1930.

As amended by No. 18 of 1929 and No. 21

of 1932.

As substituted by No. 18 of 1929. Power to regulate leave and passages added. See Objects and Reasons.

"Fines

inflicted" instead of forfeited" in s.s. (5).

"sums

2225

"It shall be lawful for the Governor" for "the Governor is hereby empowered".

As amended by No. 23 of 1931, and with the addition of a new s.s. (2) being the first part of s. 32 of the Summary Offences Ordinance, 1845, with the addition of "with or" before "without a warrant" and 'a" instead of "the nearest" before "police station", the provisions of which section came in most appropriately here. s.s. (3) is original s.s. (2) and has been further amended to make general provision for dealing, immediately after arrest, with all persons arrested, whether under this section or otherwise. s.s. (6) and s.s. (7) amended by insertion of or any other article or chattel" after extract therefrom". s.s. (6) also amended by deletion of "under this section" and by addition of new proviso at end saving the powers of search given by a particular warrant.

1519

Table of Correspondence.

Section of Ordinance

No. 11 of

Section

of new Ordinance.

1900.

26A

2276

Remarks.

As amended by No. 18 of 1929.

323

Is section 29 of the Summary Offences Ordinance (v. supra) similarly amended.

Is section 31 of the Summary Offences Ordinance (v. supra). "Vehicle" for "cart, carriage".

Preserves the power of arrest given to the police by section 30A of the Summary Offences 'Ordinance, 1845, in the case of certain offences against sanitation.

"Of police" for "constable" in side note.

"Officer of police" for "member of the

force" here and in Sections 29 & 30- for the sake of uniformity.

Additional offence created of giving false information to police (v. Objects and Reasons).

As substituted by No. 2 of 1932.

"or business or vessel" added after "premises".

A: amended by No. 18 of 1929.

Repeals.

Commencement.

יין

(C.S.O. 4303/32)..

1520

[No. 42--18.10.32.-6.]

A BILL

Short title.

Ordering of certain matters in relation to prisons.

Victoria Gaol, etc., to be prisons.

Commitment

and removal

of prisoners.

4 & 5 Geo. 5,

c. 58, s. 17.

INTITULED

An Ordinance to consolidate and amend the law relating to

Prisons.

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 :-

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;

4.-(1) A prisoner sentenced to imprisonment committed to prison on remand pending trial or otherwise may be lawfully confined in any prison to which this Ordinance applies.

(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.

(3) 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 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.

1521

(5) Prisoners of unsound mind shall be dealt with in the Ordinance manner prescribed by the Asylums Ordinance, 1906.

No. 6 of 1906.

5. Prisoners shall be under the control of superintendents Control of and assistant superintendents of prisons assisted by the prison prisoners, officers.

of prisoner.

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 conveyance 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.

7. The following rules shall be observed with respect to Rules as to the separation of prisoners :-

separation of prisoners.

c. 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:

(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.

confinement

approved by

8.-(1) No cell shall be used for the separate confine- Sepalate ment of a prisoner unless it has been approved in writing by and punish- 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.

(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.

of hard

9.-(1) Hard labour, for the purposes of sentences of Regulation imprisonment with hard labour, shall be of such classes, labour. character and description as may be appointed by rules made by the Governor in Council.

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.

1522

(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.

(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.-(I) 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.

Supplying prohibited articles to prisoners.

(3) Any officer 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 any intoxicating liquor, opium or other drug, or tobacco, and nc officer of a prison shall knowingly permit any such article to be sold in any prison.

1523

(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.

( 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.

14. The Superintendent of Prisons shall cause to be Notice of affixed in a conspicuous place outside every prison a notice, under ss. 11

punishments 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-

side prison.

28 & 29 Vict. c. 126, s. 40.

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 prisoner

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　dying. prisoner who may die within a prison, and in no case shall any officer of a prison, or any prisoner confined in a prison, or any person engaged in any sort of trade or dealing 50 & 51 Vict. with a prison, be a juror on such inquiry.

16. Every subordinate prison officer or servant who:-

28 & 29 Vict. c. 126, s. 48;

c. 57, s. 3.

Misconduct of sub-

(1) after having been duly engaged to serve as such ordinate absents himself from his duties, or refuses or neglects to obey officers and

prison

any lawful order, or is guilty of any breach of discipline or servants. any insubordination; or,

17.-(1) It shall be lawful for the Governor in Council Prison to make rules for the regulation and government of prisons, rules. 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.

(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.

and duties

18.-(1) All prisons shall be visited at least twice a Appointment month by justices of the peace appointed by the Governor to of visiting be visiting justices for periods to be specified in their appoint-

ments.

justices.

40 & 41 Vict. c. 21, ss. 13 and 14.

Reduction of imprisonment

on paying of

portion of fine.

4 & 5 Geo. 5, c. 58, s. 3.

Repeal of Ordinances No. 4 of 1899 and No. 26 of 1927.

1524

19. Where a person is committed to prison for non- 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.

20. The Frisons Ordinance, 1899, and the Prisons Amendment Ordinance, 1927, are hereby repealed.

Objects and Reasons.

1. In section 4 a new sub-section (s.s. 4) has been introduced to aliow of the transfer of a prisoner from and to a prison to and from any place at which his attendance is required for the purposes of any form of statutory procedure, e.g., in the case of a convicted prisoner, for examination at the Secretariat for Chinese Affairs under the Deportation Ordinance, or to give evidence before a Magistrate, etc.

1525

prison the cells will be of uniform size. There is and will be therefore no distinction in size or type between a cell used for separate confinement of prisoners and any other cell. As regards s.s. (2) the Superintendent of Prisons is of opinion that any ceil which is fit for a prisoner to be confined in is also fit for him to be punished in.

(b) The last three lines of s.s. (3) have also been omitted, for the same reason as above.

(c) For the same reason in s.s. (4) a short provision forbidding alteration of an approved cell without the Governor's consent has been substituted for the old sub- section.

4. Section 18 (old 19) has been redrafted to conform with the existing practice by which two visiting justices are appoint- ed twice a month to visit a particular prison.

September, 1932.

C. G. ALABASTER,

Attorney General.

1526

TABLE OF CORRESPONDENCE.

Ordinance

No. 4 of 1899. Section.

New Ordinance Section.

༤.

Remarks.

A consolidating Ordinance.

"chief warders" omitted in (3) these being subordinate officers. "Medical Officers"

for "surgeons".

Lai Chi Kok Prison, the Female Prison and the Prison Ward of the Civil Hospital as well as Victoria Gaol set apart as prisons.

As enacted by No. 26 of 1927. s.s. (4) re- numbered (5). New 8.8. (4) inserted (See Objects and Reasons).

"and chief warders" omitted.

Last four words of s.s. (1) omitted as surplusage. "Magistrate or other" for "justices of the peace, or" in s.s. (2). last three lines of s.s. (3) omitted.

"As far as possible" for "altogether" in para. 4. Para. 5 omitted. (See Objects and Reasons).

Latter half of s.s. (1), whole of s.s. (2) and last three lines of S.S. (3) omitted. S.S. (4) redrafted (See Objects and Reasons).

10.

11.

12.

13.

14.

15.

16.

17.

16.

18.

17.

19.

18.

20.

19.

As substituted by No. 26 of 1927, s. 4, "thrown, or in any manner introduced or conveyed" now added after "brought", and "or thrown into it" omitted.

As substituted by No. 26 of 1927, s. 5.

Redrafted to conform with actual practice.

"Any" for "a" and "of summary jurisdic-

tion" omitted.

20.

Repeals.

1527

No. 447.

The following Bill is published for information as amended by the Committee of the Legislative Council after the Second Reading on Thursday, the 10th November, 1932.

A BILL

[No. 10-10.11.32.--3.]

}

INTITULED

An Ordinance to consolidate and amend the

law relating to Companies.

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 de 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.

PART I.

INCORPORATION OF COMPANIES AND MATTERS INCIDENTAL THERETO.

Memorandum of Association.

3.-(1) Any seven or more persons, or, where the Mode of company to be formed will be a private company; incorporated any two or more persons, associated for any lawful company. purpose may, by subscribing their names to H 19 & 20 Geo. memorandum of association (which must be printed in 5 c. 23, the English language) and otherwise complying s. 1. 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").

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,

8. 3.

Ordinance

No. 8 of 1921.

Restriction

1528

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 company limited by shares or by 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 mem- 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-

(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

(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.

}

1529

(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 cf 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.

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.

Articles of Association.

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,

for com-

s. 6.

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, 3. 8.

1530

AAN JU

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.

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 exclude 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, 8. 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,

8. 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.

1531

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.

(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.

8. 13.

16. (1) A company incorporated under this Ordin- Power of ance shall have power to hold lands:

company to hold lands.

Provided that a company formed for the promoting art, science, religion, charity or any other 5, c. 23,

purpose of

　　　　　　　　　　　　　　　　　　　　　　19 & 20 Geo. 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 of incorpora. precedent and incidental thereto have been complied 19 & 20 Geo. with, and that the association is a company authorised to be registered and duly registered under this Ordin- s. 15.

5, c. 23,

ance.

tion.

limited.

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 registered as a limited company may re-register under

　　　　　　a company already company as 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

s. 16. 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.

Restriction on registra- tion of com- panies by certain

names.

19 & 20 Geo. 5, c. 23,

s. 17.

Power to dispense with "Limited"

in name of charitable and other companies.

19 & 20 Geo. 5, c. 23,

8. 18.

1532

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 com-

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 80 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" or "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'a 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 "Limited" to its name, and the association may be registered accordingly.

(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.

1533

21. (1) A company may, by special resolution and Change of with the approval of the Governor (or, in the case of name.

China company, with the approval of the Minister) signified in writing, change its name.

(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 s 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.

General Provisions with respect to Memorandum and Articles.

19 & 20 Geo.

5, c. 23, 8. 19.

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 articles. and sealed by each member, and contained covenants 19 & 20 Geo. on the part of each member to observe all the

5, c. 23, provisions of the memorandum and of the articles.

s. 20.

(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.

Provision as

to memoran- dum and

articles of companies limited by guarantee. 19 & 20 Geo. 5, c. 23,

s. 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, 8. 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, s. 25.

Meaning of "private

company.

19 & 20 Geo.

5, c. 23,

s. 26.

1534

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 memorandum of a company shall be deemed to have agreed to become niembers 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 Companies.

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

1535

(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 in the articles of a company in order to constitute it enjoy

to be, or to 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 in the form and containing the particulars set out in 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.

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.

5, c. 23, s. 27.

"Third Schedule."

with fewer than seven

30. If at any time the number of members of a Prohibition company is reduced, in the case of a private company, of carrying below two, or, in the case of any other company, below on business seven, and it carries on business for more than six 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 and is cognisant of the fact that it is carrying on company, business with fewer than two members, or members, as the case may be, shall be liable for the payment of the whole debts of pany contracted during that time, and severally sued therefor.

Contracts, &c.

two seven members.

severally 19 & 20 Geo. the com- 5, c. 23,

may be s. 28.

31.-(1) Contracts on behalf of a company may be Form of made as follows:-

contracts.

(a) A contract which if made between private 19 & 20 Geo. persons would be by law required to be in 5, c. 23, writing, and if made according to English law

s. 29.

Bills of

exchange and promissory notes.

19 & 20 Geo. 5, c. 23, s. 30.

Execution of deeds abroad.

19 & 20 Geo. 5, c. 23, 8. 31.

Power for

company to have official seal for use abroad.

19 & 20 Geo. 5, c. 23,

s. 32.

1536

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 cf 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.

use in any

(3) A company having an official seal for 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.

1537

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.

documents.

19 & 20 Geo. 5, c. 23,

s. 33.

PART II.

SHARE CAPITAL AND Debentures.

Prospectus.

36. (1) A prospectus issued by or on behalf of a Dating and company or in relation to an intended company shall registration

　　　　　　　　　　　　　　　　　　　　of pros- be dated, and that date shall, unless the contrary is proved, be taken as the date of publication of the prospectus.

(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.

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

the matters specified in

　　　　　specified in Part 19 & 20 Geo. I of the Fourth Schedule to this Ordinance and set 5, c. 23,

　　　　　　　　　　　　　　　　　　　　　　　s. 35. out the reports specified in Part II of that Schedule, and the said Part I and II shall have effect subject to the provisions contained in Part III of the said Schedule.

(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,

Restriction

of terms mentioned

1538

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.

(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,

1539

(iii) that after the issue of the prospectus and before allotment thereunder, he, cn 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-

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.

(4) For the purposes of this section-

The expression "expert" includes engineer, valuer, accountant, and any other person whose pro- fession gives authority to a statement made by him.

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.

1540

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.

(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.

(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.

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.

1541

(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 repayment 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.

of allotment in certain cases unless

delivered to

42.-(1) A company having a share capital which Frohibition does not issue a prospectus on or with reference to its formation, or which has issued such a prospectus but has not proceeded to allot any of the shares offered to statement the public for subscription, shall not allot any of its in lieu of shares or debentures unless at least three days before prospectus the first allotinent 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 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.

s. 40.

Effect of

43.-(1) An allotment made by a company to an irregular applicant in contravention of the provisions of the two allotment. 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 shall be so voidable notwithstanding that the company is in course of being wound up.

Return as to

allotinents. 19 & 20 Geo. 5, c. 23,

s. 42.

Ordinance No. 8 of 1921.

1542

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 ou 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 services or other consideration in respect of which that allotment was made, such contracts being duly stamped, and s return stating the number and nominal amount of shares so allotted, 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, and the registrar may, as a condition of filing the particulars, require that the duty payable thereon be adjudicated under section fourteen of that Ordinance.

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 time for the delivery of the document for such period as the court may think proper.

Power to pay certain commis- sions, and prohibition of payment of all other commis- sions, dis-

counts. &c.

19 & 20 Geo.

5, c. 23, 8. 43.

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- ly or conditionally, for any shares in the company, or procuring or agreeing to procure subscriptions, whether absolute or conditional, for any shares in the company if-

(a) the payment of the commission is authorised

by the articles; and

1543

(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

or the inoney 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 whɔ 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.

Statement

46.-(1) Where a company has paid any sums in balance by way of commission in respect of any shares or sheet as to debentures or allowed any sums by way of discount commis- in respect of any debentures, the total amount so sions and paid or allowed, or so much thereof as has not been 19 & 20 Geo. written off, shall be stated in every balance sheet of 5, c. 23, the company until the whole amount thereof has been s. 44. written off.

(2) If default is made in complying with this section, the

officer of the company and every company who is in default shall be liable to a default fine.

discounts.

Prohibition

47. (1) Subject as provided in this section, it of provision shall not be lawful for a company to give, whether of financial directly or indirectly, and whether by means of a assistance loan, guarantee, the provision of security or other- by company for purchase wise, any financial assistance for the purpose of or of its in connection with a purchase made or to be made own shares.

　　　　　　　　　　　　　　　　　19 & 20 Geo. by any person of any shares in the company:

5, c. 23,

B. 45.

Power to

issue re- deemable preference shares.

19 & 20 Geo.

5, c. 23,

8. 46.

1544

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 hell 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.

(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 redeemed:

Provided that-

(b) no such shares shall be redeemed unless they

are fully paid;

If a company fails to comply with the provisions of this subsection, the company and every officer of the company who is in default shall be liable to a fine not exceeding one thousand dollars.

1545

(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.

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.

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.

at a dis-

count.

19 & 20 Geo.

5, c. 23,

s. 47.

Power of

company to arrange for different

amounts being paid on shares.

19 & 20 Geo. 5, c. 23, 8. 48.

Reserve liability of limited

company.

19 & 20 Geo. 5, c. 23, s. 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

share capital, conversion of shares into stock, &c.

19 & 20 Geo. 5, c. 23,

s. 51.

1546

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 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;

(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

(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,

1547

(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 registered capital, it shall within fifteen days after capital. 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.

(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.

19 & 20 Geo.

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 company to both of the following things, namely:-

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. capable of being called up except in the event 5, c. 23, 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.

s. 53.

out of capital in

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 any works or buildings pay interest or the provision of any plant which cannot be made 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.

　　　　　　　　　　　　　　　　　　　5, c. 23, to the conditions and restrictions in this section

　　　　　　　　　　　　　　　　　　　　　　s. 54. 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 :

Special resolution

for reduction

of share capital. 19 & 20 Geo.

5, c. 23,

8. 55.

Application to court for confirming order, objections by creditors, and settle-

ment of list of objecting

creditors.

19 & 20 Geo.

5, c. 23,

$. 56.

1548

(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:

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

(c) either with or without extinguishing 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: :-

(b) The court shall settle a list of creditors sc entitled to object, and for that purpose shali ascertain, as far as possible without requiring an application from any creditor, the names

-1549-

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;

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. order confirming the reduction on such terms and 19 & 20 Geo. conditions as it thinks fit.

(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

5, c. 23, s. 57.

60.-(1) The registrar of companies, on production to him of an order of the court confirming the tion of

　　　　　　　　　　　　　　　　　　Registra- 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 minute of approved by the court, showing with respect to the 19 & 20 Geo.

reduction, 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.

Liability of members in respect of reduced shares.

19 & 20 Geo. 5, c. 23, 8. 59.

Fenalty on concealment of name of creditor.

19 & 20 Geo. 5, c. 23,

■. 60.

-1550-

(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.

(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 cf 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-

(1) wilfully conceals the name of any creditor

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.

--1551-

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 shares, provision is made by the memorandum or classes of

special 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.

(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.

(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

(2) Each share in a company having a share capital shall be distinguished by its appropriate number.

5, c. 23, 8. 62.

65. Notwithstanding anything in the articles of a Transfer 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. 20, 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.

Transfer by personal representa- tive.

19 & 20 Geo. 5, c. 2.3 3. 64.

Registration

of transfer

at request of trans-

-1552-

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 s 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 19 & 20 Geo. same conditions as if the application for the entry 5, c. 23, were made by the transferee. $. 65.

fetor.

Notice of

refusal to register transfer.

19 & 20 Geo.

5, c. 23, 8. 66.

Duties of company with respect

to issue of certificates.

19 & 20 Geo. 5, c. 23,

8. 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.

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.

69.-(1) Every company shall, within two months after the allotment of any of its shares, debentures, or debenture stock, and within two months after the date

on which a 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.

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.

;

1553

warrants

72.-(1) A company limited by shares; if 80 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.

73. If any person falsely and deceitfully personates Penalty for any owner of any share or interest in any company, personat 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 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.

s. 71.

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.

(4) If inspection is refused, or a copy is refused cr 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 s. 74

5, c. 23,

Power to re-issue redeemed debentures

in certain

cases.

19 & 20 Geo. 5, c. 23, 8. 75.

Ordinance

No. 8 of 1921.

Ordinance No. 58 of 1911.

Specific

1554

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.

(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:

(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 be

enforced by an order for specific performance.

of con-

tracts to subscribe for

debentures. 19 & 20 Geo.

5, c. 23,

s. 76.

1555

debts out

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. 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.

(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.

claims under

8. 78.

PART III.

REGISTRATION OF CHARGES.

Registration of Charges with Registrar

of of Companies.

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 cr in the

　　　　　　　　　　　　　　　　registered 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 or

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 ૧ copyright or a licence under a copyright.

1556

or copy are to be delivered to the

registrar.

(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.

(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, for the

debenture holders;

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 cf the date and amount of each issue, but an omission to do this shall not affect the validity of the deben- tures issued.

1557

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 Fart 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,

(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.

8. 80.

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 any such kind as would, if it had been created by the

charges 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 19 & 20 Geo. particulars of the charge, together with a copy s. 81.

5, c. 23, (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.

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, s. 84.

Rectification

of register of charges. 19 & 20 Geo. 5, c. 23,

8. 85,

1558

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-

(ii) the amount secured by the charge; and

(iii) short particulars of the property charged; and

(iv) the persons entitled to the charge.

(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 :

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

•

1559

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

　　　　　　　　　　　　　　　　　　　　　　ment of under any powers contained in any instrument, he 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　security. 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.

(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 shall 5, c. 23, be sufficient.

s. 87.

5, c.

23,

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- 19 & 20 Geo.

　　　　　　　　　　　　　　　　　charges. perty of the company and all floating charges on the 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- charges.

register of 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

s. 89. 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

Application of Part III to charges created, and property subject to charge ac-

1560

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.

quired by

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.

Registered

office of

company.

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

(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.

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.

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, 19 & 20 Geo. whichever is the earlier, have a registered office in 5, c. 23, 8. 92.

the Colony (or, in the case of a China company, within

1561

the limits of the China Orders in Council) to which all communications and notices may be addressed.

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 hav 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

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 BRA(and, if a China company, shall also prefix thereto the Chinese characters):

s. 93.

Restrictions

on com- mencement

of business.

19 & 20 Geo. 5, c. 23, s. 94.

1562

(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;

(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;

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 equ to the proportion payable on application an i allotment on the shares offered for public subscription; and

(a) there has been delivered to the registrar of companies for registration a statement in lieu of prospectus; and

1563

be conclusive evidence that the company is so entitled.

(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.

(10) Upon the publication in the Gazette of the said notification, the company shall be deemed to be dis- solved.

19 & 20 Geo.

5, c. 23, 8. 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.

1564

(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 mem- bers, and enter therein the following particulars:

(b) The date at which each person was entered

in the register as a member;

member:

(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.

المشر

1565

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) 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.

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 company is 19 & 20 Geo. situate, close the register of members for any time 5, c. 23, or times not exceeding in the whole thirty days in s. 99. 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 of members of a company; or

(b) default is made or unnecessary delay takes place in entering on the register the fact of any person having ceased to be a member;

the person aggrieved, or any member of the company, or the company, may apply to the court for rectification of the register.

19 & 20 Geo. register.

5, c. 23, s. 100.

Trusts not to be

entered on register. 19 & 20 Geo. 5, c. 23, s. 101.

Power for company to keep local or branch register. 19 & 20 Geo.

5, c. 23, s. 103.

1566

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- panies registered in the Colony.

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 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 satisfy 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, a proportionate part only of the fee mentioned in sub-section (2) shall be charged.

(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.

1567

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.

104.--(1) A local or branch register shall be deemed Regulations to be part of the company's register of members (in as to branch this and the next following section called "the register. principal 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.

(6) 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 respecting the keeping of local or branch registers.

19 & 20 Geo. 5, c. 23, s. 104.

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 registers of companies kept in the Colony.

19 & 20 Geo. 5, c. 23,

■. 107.

Annual

return to be made by

company having a share

capital.

19 & 20 Geo. 5, c. 23,

8. 108.

1568

(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.

Annual Return.

107.-(1) Every company having a share capital shall once at least in every year make a return con-

list of all taining a

persons who, on the day of the first or 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 on index sufficient to enable the name of any person in the list to be readily found:

(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 cash and shares issued as fully or partly paid up otherwise than in cash, and specifying the following particulars :--

1569

(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;

(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.

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

　　　　　　　　　　share company:

capital. 19 & 20 Geo.

s. 109.

(b) all such particulars with respect to the per- 5, c. 23,

sons who at the date of the return are the 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.

General provisions

as to annual

returns.

19 & 20 Geo. 5, c. 23, 8. 110.

Certificates

to be sent by private company with annual return.

19 & 20 Geo. 5, c. 23, s. 111.

Annual general meeting.

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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 t be a correct translation:

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 19 & 20 Geo. of the last preceding general meeting.

5, c. 23, s. 112.

(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.

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112.-(1) Every company limited by shares and Statutory

meeting and every company limited by guarantee and having a 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, 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 party 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;

(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,

(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,

8. 113.

1572

either before or subsequently to the former meeting, may be passed, and the adjourned meeting shall have the same powers as an original meeting.

(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, s. 114.

113. (1) The directors of a company, notwith- standing anything in its articles, shall, 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.

(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.

(5) Any reasonable expenses incurred by the 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 60 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.

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;

}

1573

(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;

(2) If for any reason it is impracticable to call 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 at 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 directions. 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 cr and of other governing body authorise such person 19 & 20 Geo..

　　　　　　　　　　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;

(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.

Provisions

as to extra- ordinary and special resolutions. 19 & 20 Geo. 5, c. 23, s. 117,

1574

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.

(4) At any meeting at which an extraordinary reso- lution or a special resolution is submitted to be passed a pol! shall be taken to be effectively demanded, if demanded-

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.

1575

(4) This section shall apply to-

(a) Special resolutions;

(b) 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.

(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;

adjourned meetings. 19 & 20 Geo. 5, c. 23,

(b) the holders of any class of shares in a com- s. 119.

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.

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 directors. in books kept for that purpose.

and

19 & 20 Geo. 5, c. 23, s. 120.

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.

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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 shall 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 hours in each day be allowed for inspection) be open to the inspection of any member without charge.

(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 shali be liable in respect of each offence to a fine not exceeding twenty dollars and further to a default fine of twenty dollars.

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:-

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

1577

(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 in default by the company thereunder, he shall, 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 cf 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.

(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.

sheet.

19 & 20 Geo. 5, c. 23, s. 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, s. 126.

1578

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 tɔ 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-

(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

1579

(b) losses of a subsidiary company have

veen

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:

(4) If for any reason the directors of the holding company are unable to obtain such information as ig 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 company is a company within 19 & 20 Geo. the meaning of this Ordinance or not, and-

other company,

5, c. 23, s. 127.

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.

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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

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

(3) The provisions of subsection (1) of this section with respect to the remuneration paid to directors shail 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 at 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 directors of the company, or, if there is only one director, by that director, and the auditors' report shall be 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.

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129.-(1) In the case of a company not being a Right to private company-

receive copies of

report.

(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 auditors' 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 hin 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.

and certain other com-

130.-(1) Every company, being a limited banking Banking company or an insurance company or

　　　　　　　　　a deposit, provident, or benefit society, shall, before it companies 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 5, c. 23, out in the Seventh Schedule to this Ordinance, or s. 131. 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.

(3) 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.

19 & 20 Geo.

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.

1582

(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.

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

1583

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.

Provided that-

(b) if the directors fail to exercise their powers under this subsection, the company in genera! 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 compar 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 qualified for appointment as auditor of a company-

(a) a director or officer of the company; (b) except where the company is a private com- pany, a person who is a partner of or in the employment of an officer of the company;

Disqualifica-

tion for appoint- ment as auditor.

c. 23,

5, 19 &20 Geo. s. 133.

Auditors' report and auditors' right of

access to books and

right to

attend

general meetings.

19 & 20 Geo. 5, c. 23, s. 134.

1584

133.-(1) The auditors shall make a report to the members on the accounts examined by them, and na 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.

(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 ɔn 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 Gen 5, c. 23,

s. 135.

Inspection.

134.-(1) The court may appoint one or 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 a 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 com- pany's register of members.

1585

(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.

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. the company for which he is criminally liable, the 19 & 20 Geo. court may direct that the matter shall be referred to 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 institute and, further, that it is desirable in the public interest that the proceedings 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.

(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;

5, c. 23,

s. 136.

Power of

company to appoint inspectors.

s. 137.

1586

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.

19 & 20 Geo. (2) Inspectors so appointed shall have the same 5, c. 23,

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.

Report of inspectors to be evidence.

19 & 20 Geo. 5, c. 23, s. 138.

Number of directors.

19 & 20 Geo. 5, c. 23, s. 139.

Restrictions

ment or advertise-

ment of director.

19 & 20 Geo. 5, c. 23, s. 140.

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 company in a prospectus issued in relation to that intended company, or in a statement in lieu prospectus delivered to the registrar by or on behalf 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-

(a) signed and delivered to the registrar of com- panies for registration a consent in writing to act as such director; and

1587

(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.

(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.

140.--(1) Without prejudice to the restrictions Qualifica- imposed by the last foregoing section, it shall be the tion of 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 5, c. 23, qualification within two months after his appointment, s. 141. 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 shall not be deemed to be the holder of the shares apecified in the warrant.

(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

19 & 20 Geo.

Frovisions

charged bankrupts acting as directors.

1588

141.-(1) If any person being an undischarged as to undis 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:

19 & 20 Geo. 5, c. 23, s 142.

Validity of acts of directors. 19 & 20 Gen. 5, c. 23, s. 143. Register of directors.

19 & 20 Geo. 5, c. 23, s. 144.

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.

(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-

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.

1589

(3) The register to be kept under this section rhail 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 ompany may prescribe, for each inspection.

(5) In the case of any such refusal, the court may by order compel an immediate inspection of the register.

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- 19 & 20 Geo. porate name, and with respect to every director being an individual, the following particulars-

(a) his present christian name, or the initials

thereof, and present surname;

(b) any former christian names and surnames; (c) his nationality, if not British;

(d) his nationality of origin, if his nationality is

not the nationality of origin:

(2) This section shall apply to-

(a) every company registered under this Ordin- ance the Ordinances repealed by this Ordinance; and

(b) every

company incorporated outside

Colony which has an established place of business within the Colony; and

E c. 23,

145.

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 Hable 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;

Limited

company may have directors with un- limited liability. 19 & 20 Geo. 5, c. 23, s. 146.

Special re- solution

of limited

company making

liability of directors

unlimited.

1590

(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 a married woman, the name or surname by which she known previous to the marriage;

was

(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- holders.

19 & 20 Geo. 5, c. 23,

B. 148.

147.-(1) Subject as hereinafter 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 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

1591

(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;

Provided that-

(i) a deinand 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.

(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.

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

in contracts. or proposed contract with the

19 & 20 Geo. company to declare the nature of his interest at a 5, c. 23, meeting of the directors of the company.

s. 149.

Provision as to payments received by loss of office or on retire-

directors for

ment.

19 & 20 Geo. 5, c. 23,

■. 150.

1592-

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 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.

secure

(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 foregoing subsection are not 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.

(5) If in connection with any such transfer 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.

1593

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 a director or manager of the company to assign his

office by directors. office as such to another person, any assignment of 19 & 20 Gec. 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.

officers and

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 exempting any director, manager or officer of the com- auditors. pany, or any person (whether an officer of the 19 & 20 Geo. 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--

(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 him 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.

members.

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 tors and application in a summary way of the company or of 19 & 20 Gec 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.

Provisions

for facilitat ing recon- struction

and amalga- mation of companies. 19 & 20 Geo. 5, c. 23, s. 154.

1594

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.

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.

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

1595

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.

154.-(1) Where a scheme or 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 shareholders within the meaning of this Ordinance or not (in this from

dissenting section referred to as "the transferee 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:

(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 on 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.

(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.

Modes of

winding up. 19 & 20 Geo.

5, c. 23, 8. 156.

Liability as

of present and past members.

1596

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.

Contributories.

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 sufficient 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 con- 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.

(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- pany contracted after he ceased to be a member:

(d) in the case of a company limited by shares no contribution shall be required from any 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 armount 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 any policy of insurance 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- tributories 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 commence- ment of the winding up a member of an unlimited company:

1597

Provided that-

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.

　　　　　　　　　　　　　　　　　5, c. 23, 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. payable at the times when calls are made for enforcing 19 & 20 Geo. the liability.

5, c. 23, s. 159.

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. death of 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.

160. If a contributory becomes bankrupt, either Contribu- before or after he has been placed on the list of con- tories in tributories--

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 s. 161. 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 women. respects any liability attaching to any shares acquired 19 & 20 Geo. by her before that date, to contribute to the assets

5, c. 23, s. 162.

Ordinance No. 5 of

1906, s. 27.

Jurisdiction

to wind up companies

registered 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.

1598

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 a 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 8 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 prospective 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 contributories, 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 is reduced, in the case of a private company, below two, or, in the case of any other company, below seven; or

1599

(ii) the shares in respect of which he s 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

(3) Where under the provisions of this Part of this Ordinance any person as being the husband

　　　　　　　　　　　　　　of a female contributory is himself a contributory, and a share has during the whole or any part of the six 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.

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 interim hearing order, or any other order that it thinks fit, but the 19 & 20 Geo.

　　　　　　　　　　　　　　　　　　　　petition. 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 court, responsible for the default.

are

167. At any time after the presentation of a Power to winding-up petition, and before a winding-up order stay or re- has been made, the company, or any creditor or con- tributory, may-

strain pro- 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

Avoidance of

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(b) where any other action or proceeding is 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.

168. In a winding up by the court, any dis- dispositions position of the property of the company, including of property, things in action, and any transfer of shares, or altera- 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.

&c. after

commence ment of

winding up. 19 & 20 Ge 5, 23, 8. 173.

Avoidance

of attach-

ments, &c.

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 19 & 20 Geo. the company after the commencement of the winding

up shall be void to all intents.

5, c. 23,

s. 174.

Commence-

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 Geo. 5, c. 23, s. 176.

Actions stayed on winding-up

order.

19 & 20 Geo. 5, c. 23, s. 177.

Effect of

winding-up

order.

19 & 20 Geo

5, c. 23, s. 178.

Official

receiver in bankruptcy to be official

receiver for winding-up purposes.

19 & 20 Geo 5, c. 23, s. 179.

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

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(3) Any such officer shall for the purpose of his duties under this Ordinance be styled "the official receiver.

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 and official economical conduct of the winding up, that soine Court in

　　　　　　　　　　　　　　　receiver by 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. purposes of that winding up, the court may appoint 5, c. 23,

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.

s. 180

submitted

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 affairs to be 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. ing the particulars of its assets, debts, and liabilities, 5, c. 23, 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.

(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;

(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.

s. 181.

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,

8. 184.

Appoint- ment, style

&c. of liquidators. 19 & 20 Geo. *5, c. 23,

s. 185.

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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.

(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 liquidator 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 appointment 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

1603

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 contributores 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.

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.

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 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.

19 & 20 Geo

Vesting of property of

company in liquidator. 19 & 20 Geo.

5, c. 23, 8. 190.

Powers of liquidator. 19 & 20 Geo. 5, c. 23, s. 191.

1604

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 may 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:

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 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 namre 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:

(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

1605

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:

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.

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, s. 192. 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.

(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.

187. Every liquidator of a company which is being Books to be wound up by the court shall keep, in manner kept by prescribed, proper books in which he shall cause to liquidator.

　　　　　　　　　　　　　　　　　　　　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.

Payments

into bank

or Treasury. 19 & 20 Geo. 5, c. 23,

s. 194.

1606

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 as 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

if the committee of inspection satisfy the Official Receiver that for the purpose of carrying on the business of the company or of cbtaining 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 cominittee may select, and thereupon those payments shall be made in the prescribed

manner.

(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.

(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.

1607

over

190.-(1) The official receiver shall take cogniz- Control of ance of the conduct of liquidators of companies which Official are being wound up by the court, and, if a liquidator Receiver does not faithfully perform his duties and duly obscrve 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.

local

(3) The official receiver may also direct a investigation to be made of the books and vouchers of the liquidator.

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 19 & 20 Geo. can, in his opinion, be realised without needlessly s. 197.

5, c. 23, protracting the liquidation, and has distributed 8 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, or person interested against the release of the liquidator, and shall either grant or withhold the release accordingly.

(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.

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 creditors meetings of creditors and contributories summoned and contri- 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 determine further whether or not an application is of inspection to be made to the court for the appointment of a appointed.

　　　　　　　　　　　　　　　　　　　　　　　　　shall be committee of inspection to act with the liquidator 19 & 20 Geo. and who are to be members of the committee if 5, c. 23, appointed.

s. 198.

(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-

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, 8. 200.

Power to stay wind- ing up.

19 & 20 Geo. 5, c. 23,

s. 202.

1608

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 88 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.

(8) 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 liquidator, 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 a limited time, on such terms and conditions as the court thinks fit.

1609

196.-(1) As soon as mav be after making a Settlement winding-up order, the court shait 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 tories and 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:

application

5. c.

23,

s. 203.

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 liquidator. trustee, receiver, banker, agent or officer of the 19 & 20 Geo. company to pay, deliver, convey, surrender,

5, c. 23. transfer forthwith,

s. 204. or within such time as the court directs, to the liquidator any money, property, or books and papers in his hands to which the com- pany is prima facie entitled.

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 due from him or from the estate of the person he represents to the company, exclusive of money payable by him or the estate by virtue of call in pursuance of this Ordinance.

tory to company whom and extent any to which

any

(2) The court in making such an order may-

(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.

set off

allowed.

19 & 20 Geo.

5, c. 23, s. 205.

s. 206.

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. pany, make calls on all or any of the contributories 19 & 20 Geo. for the time being settled on the list of the con-

5, c. 23, 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.

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 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.

due to company.

―

1610

(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.

Order on

201.-(1) An order made by the court on a contributory 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.

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

(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 generally, require the appointment of a special 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 re- muneration as may be fixed by the court.

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 not proving made before those debts are proved.

creditors

in time.

19 & 20 Geo. 5, c. 23, 3. 210.

Adjustment of rights of contribu-

tories.

19 & 20 Geo. 5, c. 23,

3. 211.

Inspection 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.

10 & 20 Geo. 5, c. 23, s. 213.

Power to

summon

persons suspected of having property of company.

204. The court shall adjust the rights of the contributories among themselves, 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 books

any 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 19 & 20 Geo. person whom the court deems capable of giving information concerning the promotion, formation, trade, dealings, affairs, or property of the company.

5, c. 23,

s. 214.

(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.

1611

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- examination

of pro- ance stating that in his opinion a fraud has been committed by any person in the promotion or forma- directors,

moters, tion of the company, or by any director or other &c. officer of the company in relation to the company, c. 23, since its formation, the court may, after consideration of the report, direct that that person, director 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 the conduct of the business of the company, or as to his conduct and dealings as director or officer thereof.

(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.

(8) The court may, if it thinks fit, adjourn the examination from time to time.

s. 216.

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.

1612

209.-(1) Where an order has been made for winding up a company by the court, and the official receiver has made a 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.

(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 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.

(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 to quit the Colony, or otherwise to abscond, 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 him 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

212. Provision may be made by general rules for to liquidator 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 matters→

of certain powers of court.

19 & 20 Geo. 5, c. 23,

s. 220.

(1) the holding and conducting of meetings to

ascertain the wishes of creditors and tributories;

con-

(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;

1613

(3) the paying, delivery, conveyance, surrender or transfer of money, property, books 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 conti ol of the court:

213.-(1) When the affairs of a company have Dissolution been completely wound up, the court shall inake an of company. order that the company be dissolved from the date 19 & 20 Geo. of the order, and the company shall be

5, c. 23, dissolved accordingly.

s. 221.

(2) The order shall within fourteen days from the date thereof be reported by the liquidator 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 Up.

Resolutions for, and commencement of Voluntary

Winding Up.

214.-(1) A company may be wound up volun- Circum- tarily---

stances in which com-

be wound

(a) When the period, if any, for the duration pany may

of the company by the articles expires, or 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 to be wound up voluntarily :

(2) In this Ordinance the expression "a resolution for voluntary winding up" means a 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 shall, within seven resolution days after the passing of the resolution, give notice to wind up of the resolution by advertisement in the Gazette, 19 & 20 Geo. voluntarily. (and, in the case of a China company, in some 5, c. 23, newspaper circulating in the place where such com- s. 226. pany has its registered office).

216. A voluntary winding up shall be deemed to Commence- commence at the time of the passing of the resolu tion for voluntary winding up.

ment of voluntary winding up. 19 & 20 Geo.

5, c. 23,

8. 227.

Effect of voluntary winding up on business and status of company. 19 & 20 Geo.

5, c. 23, s. 228.

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

1614

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 after the commencement voluntary winding up, shall be void.

Declaration of Solvency.

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.

(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 а members' voluntary winding up," and a winding up in the case of which a declaration has not been. made 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 appoint and

221.-(1) The company in general meeting shall appoint one or more liquidators for the purpose of winding up the affairs and distributing the assets of fix re-

the company, and may fix the remuneration to be nuneration of liquidators. paid to him or them. 19 & 20 Geo. 5, c. 23,

s. 232.

Power to fill vacancy An office of

liquidators. 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 convened by any contributory or, if there were more liquidators than one, by the continuing liquidators.

1615

(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.

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 proposed to be transferred or sold to another

shares, &c. 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.

　　　　　　　　　　　　　　　　　　　　　　　company. 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 of 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 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.

(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.

Matchbor

Duty of liquidator to call general

meeting at

1616

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.

end of

each year.

5, c. 23, #. 235.

Final meet- ing and dissolution.

19 & 20 Geo. 5, c. 23,

8. 236.

Provisions applicable

to a creditors'

winding up.

19 & 20 Geo.

5, c. 23,

(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 a 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.

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.

s. 237.

1617

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 there is to be held the meeting at which the resolu-

5, c. 23, 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.

(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 clainis 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.

(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;

19 & 20 GBо.

228. The creditors and the company at their Appoint- respective meetings mentioned in the last foregoing ment of section of this Ordinance may nominate a person to liquidator. 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.

Appoint- ment of committee

of inspection. 19 & 20 Geo. 5, c. 23, s. 240.

Fixing of liquidators'

remunera- tion and cesser of directors'

powers. 19 & 20 Geo. 5, c. 23,

8. 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 liquidator 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,

8. 245.

1618

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 ary 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.

hundred

232. The provisions of section two 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

1619

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 month at least before the meeting.

(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' creditors' winding up.

to every

voluntary winding up.

19 & 20 Geo.

5, c. 23, s. 246.

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. 19 & 20 Geo. 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 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 (ƒ) 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:

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, 8. 252.

Costs of voluntary winding up. 19 & 20 Geo. 5, c. 23.

1620

(b) without sanction, exercise any of the other powers by this Ordinance given to the liquida- tor in a winding up by the court:

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.

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 ૩ 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 with 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.

any

241.-(1) The liquidator or any contributory creditor may apply to the court to determine 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.

8. 254,

1621

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- crediters tion by a contributory, the court must be satisfied that the rights of the contributories will be prejudiced 19 & 20 Geo. by a voluntary winding up.

and con- tributories.

5, c. 23, s. 255.

(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 P ing up subject to subject to such supervision of the court, and with supervision such liberty for creditors, contributories, or others 1) 19 & 20 Geo apply to the court, and generally on such terms and, c. 23, conditions, as the court thinks just.

> 256.

245. A petition for the continuance of a voluntary Effect of winding up subject to the supervision of the court petition for shall, for the purpose of giving jurisdiction to the subject to

winding up court over actions, be deemed to be a petition for supervision. winding up by the court.

19 & 20 Geo. 5, c. 23, s. 257.

of Application

of ss. 168 and 169 to

246. A winding up subject to the supervision the court shall, for the purposes of sections one hundred and sixty-eight and one hundred and sixty- winding up nine of this Ordinance, be deemed to be a winding up subject to by the court.

supervision. 19 & 20 Geo.

5, c. 23,

$ 258.

247.--(1) Where an order is made for a winding up subject to supervision, the court may by that or any subsequent order appoint an additional liquidator. remove

Power of court to appoint or

liquidators

(2) A liquidator appointed by the court under this 19 & 20 Ga 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, the court, in the same manner as if the company

s. 260. were being wound up altogether voluntarily:

Provided that where the order for

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 thus Ordinance, except in so far as the operation of that section is excluded in a voluntary winding up by general rules.

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.

19 & 20 Geo. 5, c. 23, s. 262.

Préferential

1622

(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 being under the law of bankruptcy in the Colony with respect to the estates of persons

persons adjudged bankrupt, and all persons who in any such case 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.

　251.-(1) In a winding up there shall be paid in 19 & 20 Gen priority to all other debts

payments.

5, c. 23, s. 264.

(a) All local rates due from the company at the relevant date, and having become due and payable within twelve months next before that date;

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

1623

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

　　had not previously commenced 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.

252. (1) Any conveyance, mortgage, delivery of Fraudulent goods, payment, execution, or other act relating to 19 & 20 Geo.

　　　　　　　　　　　　　　　　preference. 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 deemed 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 charge on the undertaking or property of the charge. floating company created within six months of the commence. 19 & 20 Get 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.

Disclaimer & of onerous

wound up.

254.-(1) Where any part of the property of 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 Geo. 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

1624

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:

(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.

1625

mortgage, except upon the terms of making that

person-

of creditor

255.-(1) Where a creditor has issued execution Restriction against the goods or lands of a company or has of rights attached any debt due to the company, and the com- pany is subsequently wound up, he shall not be as to

execution entitled to retain the benefit of the execution or or attach- 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

(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.

256.-(1) Where any goods of a a company are Duties 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.

Offences by officers of companies in liquida. tion.

19 & 20 Geo. 5, c. 23,

s. 271.

1626

(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 on 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-

(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

(f) makes any material omission in any state- 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

1627

(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

(i) 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 (j) 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

(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 not 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), (f). (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.

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.

c. 23,

s. 274.

1628

(2) Where any person pawns, pledges or disposes of any property in circumstances which amount to a misdemeanour under paragraph (o) 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 liable 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 execution 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;

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 or that in the circumstances in which the business of the company was carried on the default was excusable, be liable on conviction on indictment to imprisonment for a term not exceeding one year, or on summary con- viction to imprisonment for a term not exceeding six months.

1629

trade or business has involved dealings in goods, statements of the annual stocktakings and (except in the case of goods sold by way of ordinary 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 creditors 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.

(2) Where the court makes any such declaration, it may give such further directions as it thinks 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 the 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, or 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.

(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 he, 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 excceding 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

Ordinance No. 10 of 1931.

Power of court to

assess

damages against delinquent directors, &c.

19 & 20 Geo. 5, c. 23,

■ 276.

Ordinance

No. 10 of 1931.

Frosecution

officers and

of company.

1630

(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 criminally 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.

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 misfeasance or breach of trust in relation to the any 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 notwithstanding that the offence is one for which the offender may be criminally liable.

(3) 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 delinquen of a winding up by, or subject to the supervision of, the court that any past or present director, manager members or other officer, or any member, of the company has 19 & 20 Geo. 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.

5, c. 23, 8. 277.

1631

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.

(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.

(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 the 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.

(7) If any person tails 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 the 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 or 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.

Disqualifica- tion for appoint-

ment as

liquidator. 19 & 20 Geo. 5, c. 23, B. 278.

Enforce- ment of duty of liquidator to make

returns, &c. 19 & 20 Geo. 5, c. 23, 8. 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,

•

8. 281.

1632

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 cf this provision shall be void.

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 or 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

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.

1633

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. 19 & 20 Geo. company, be primâ facie evidence of the truth of all 5, c. 23, matters purporting to be therein recorded.

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 the company and of the liquidators may be disposed and papers of as follows, that is to say:

of company. 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;

(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.

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 intervals as may be prescribed, until the winding up 19 & 20 Geo. liquidations.. 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.

(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- he paid to wise that a liquidator has in his hands or under his Companies 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

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, s. 288.

Judicial notice of signature of officers.

19 & 20 Geo. 5, c. 23, s. 289.

Affidavits, &c. in Colony and dominions. 19 & 20 Geo. 5, c. 23,

s. 293.

1634

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.

(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 commencerment 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 nuinber 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.

1635

(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, 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.

or vice-

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.

defunct

277.-(1) Where the registrar of companies has Registrar reasonable cause to believe that a company is not may strike carrying on business or in operation, he may send to the company by post a letter inquiring whether the company off company is carrying on business or in operation.

(2) If the registrar either receives an answer to 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.

་

s. 295.

1636

Property of dissolved company to be bond vacantia.

19 & 20 Geo. 5, c. 23, 8. 296.

Account.

8 300.

Provided that-

(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 a 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.

Companies 279-(1) An account, to be called the Companies Liquidation Liquidation Account, shall be kept by the official 1020 Geo. receiver with the Colonial Treasurer or at such bank 5, c. 23,

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.

Investment

of surplus

funds on general account.

19 & 20 Geo. 5, c. 23,

s. 301.

(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 shall pay over the whole or any part of that excess, the Treasurer may require, to the Treasurer, to such

1637

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.

accounts of

281.-(1) An account shall be kept by the official Separate receiver of the receipts and payments in the winding particular up of each company, and, when the cash balance estates. standing to the credit of the account of any company 19 & 2C Gao. 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.

(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. 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 fces as the Chief Justice may, with the sanction of the Legislative Council direct, and he may direct by whom and in what manner the saine are to be collected and accounted for:

19 & 20 Gto.

s. 305.

PART VI.

Receivers and Managers.

283.-(1) A body corporate shall not be qualified Disquali for appointment as receiver of the property of a company.

fication for appoint- ment as receiver. 19 & 20 Geo.

(2) Any body corporate which acts as receiver aforesaid shall be liable to a fine not exceeding one 5, c. 23, thousand dollars.

s. 306.

284. Where an application is made to the court Power to to appoint a receiver on behalf of the debenture bolders appoint or other creditors of a company which is being wound official up by the court, the official receiver may be appointed.

receiver as SO receiver for

debenture holders or creditors. 19 & 20 Geo.

5, c.

23,

s. 307.

Notification

or manager

1638

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.

120 Geo. 5, c. 23, s. 308.

Power of court to fix

remunera-

tion on ap- plication of liquidator. 19 & 20 Geo. 5, c. 23, s. 309.

Delivery to

registrar of accounts of receivers and

managers.

19 & 20 Geo. 5, c. 23, s. 310.

Enforce

ment of duty of receiver to make

returns, &c 19 & 20 Geo. 5, c. 23.

s. 311

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 period of six months from the date of his appoint. 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 of the period to which the last preceding abstrac 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.

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 he 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:

(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

1639

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) of that subsection the application shall be made by the liquidator.

PART VII.

GENERAL PROVISIONS AS TO REGISTRATION.

offices and

289.-(1) For the purposes of the registration of Registration companies under this Ordinance, there shall be an appointment office or offices at such place or places as the Governor of Officers directs.

for purposes of this Ordinance.

(2) The Governor may appoint such registrars, 19 & 20 Geo. deputy and assistant registrars, clerks, and servants 5, c. 23, as he may thuk necessary for the purposes of 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 shail 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 Fees. respect of the several matters mentioned in the Table 19 & 20 Geo. set out in the Ninth Schedule to this Ordinance the several fees therein specified.

(2) All fees paid to the registrar in pursuance of this Ordinance shall be paid into the Treasury.

5, c. 23,

s. 313.

and evidence

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 of docu- 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.

5, c. 23, document or any part of any other document, to be certified by the registrar, on payment for the certi- ficate, certified copy or extract, of such fees as the Governor may appoint, 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.

fit

s. 314.

Enforce- ment of duty of company to make

returns to registrar.

1640

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 19 & 20 Geo. 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.

5, c. 23, 8. 315.

(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 of Ordinance to companies registered under former Companies Ordinance. 19 & 20 Geo. 5. c. 23,

8. 317.

(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 registered but not formed under the Companies Ordin- ance, 1865, or the Companies Ordinance, 1911, in the same manner as it is in Part IX of this Ordinance declared to apply to companies registered but not formed under this Ordinance.

1641

295. This Ordinance shall apply to every unlimited Application company registered as a limited company in pursuance of Ordinance of section fifty-eight of the Companies Ordinance, to companies 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.

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 1911. as a limited company under the said section of the Companies Ordinance, 1911.

19 & 20 Geo. 5, c. 23,

g. 318.

PART IX.

19 & 20 Geo.

COMPANIES NOT FORMED UNDER THIS ORDINANCE AUTHORISED TO REGISTER UNDER THIS ORDINANCE. 296-(1) With the exceptions and subject to the Companies provisions contained in this section, any company capable of formed whether before or after the commencement being of this Ordinance, in pursuance of any Ordinance registered. other than this Ordinance, or of letters patent, or 5, c. 23, being otherwise duly constituted according to law, s. 321. and consisting of seven or more members, may at any time register under this Ordinance as an 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:

purpose:

(vii) Where a company is about to register as

company limited by guarantee, the assent tú 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

Definition of joint stock company.

19 & 20 Geo. 5, c. 23, s. 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,

s. 324.

―

1642

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 ct 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 company 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 of 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 & 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.

1643

comm

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 statements statutory declaration of any two or more directors or

of existing other principal officers of the company.

companies. 19 & 20 Geo.

5, c. 23, s. 325. 301. The registrar may require such evidence as he Registrar thinks necessary for the purpose of satisfying himself may require whether any company proposing to be registered is or

　　　　　　　　　　　　　　　　　　　　　　evidence as is not a joint stock company as hereinbefore defined.

to nature of company. 19 & 20 Geo. 5,.. 23, s. 326.

from pay-

302. No fees shall be charged in respect of the Exemption registration in pursuance of this Part of this Ordinance of certain of a company if it is not registered as a limited companies 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.

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 te names of its name and any Chinese equivalent of its name 19 & 20 Geo. which the company may use shall contain the Chinese 5, c. 23 characters. 有限公司

>. 328.

304. On compliance with the requirements of this Certificate 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 registrar shall certify under his hand that the com- 19 & 20 Geo.

　　　　　　　　　　　　　　　　　companies. 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. vest in the company as incorporated under this Ordin- 5,23, ance for all the estate and interest of the company therein.

s.330.

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 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.

19 & 20 Geo.

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:

308.-(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 or s. 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,

1644

(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;

(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;

(4) The provisions of this Ordinance with respect to-

(a) the registration of an unlimited company as

limited;

(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.

1645

(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

(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.

310. The provisions of this Ordinance with respect to Power of staying and restraining actions and proceedings against court to

stay or 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. s. 335. tor, extend to actions and proceedings against any contributory of the company.

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- order

　　　　　　　　　　　　　　　　winding-up menced 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.

ན་

1646

PART X.

WINDING UP OF UNREGISTERED COMPANIES.

Meaning of 312. For the purposes of this Part of this Ordin- unregistered ance, the expression "unregistered company" shall company. include 19 & 20 Geo.

　　　　any partnership, whether limited or not, any 5, c. 23,

association and any company with the following 337.

exceptions: ---

Ordinances Nos. 53 of

1911 and 18 of 1912.

Winding up of un- register-

(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;

(3) a partnership registered in the Colony under the Chinese Partnerships Ordinance. 1911, or under the Limited Partnerships Ordinance, 1912.

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 $. 338.

exceptions and additions:-

(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:

1647

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;

(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 hy 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.

5, r. 23, among themselves, or to pay or contribute to the

8. 339. 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.

restra'n

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 120 Geo. of the company, except by leave of the court, and 5, c. 23, subject to such terms as the court may impose.

order. 19 &

s. 341.

Provisions

of Fart X cumulative.

19 & 20 Geo. 5, c. 23, B. 342.

1648

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 hereinbefore 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 :

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-

(u) 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.

Any process or notice required to be served 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.

1649

(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

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

(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 British possession, may hereafter acquire immovable incorporated

　　　　　　　　　　　　　　　　　　　　　　　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;

(b) it shall have filed with the registrar of com- panies the documents and particulars specified in section 319 (1); and

the Governor in Council.

by consent.

19 Geo. 5, c. 23, s. 345

and Ordinance No. 58 of

1911, s. 253.

1650

(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.

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 creo 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,

8. 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

(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

1651

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 XI 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-

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 office.

to be filed. 19 & 20 Geo.

5, c. 23, s. 350.

s. 351.

326. If any company to which this Part of this Penalties. Ordinance applies fails to comply with any of the 19 & 20 Gea 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-

tion of Part XI.

ance:

The expression "certified" means certified in the 19 & 20 Geo.

prescribed manner to be a true copy or a

5, c. 23, correct translation;

s. 352.

share transfer or share registration office; The expression "prospectus" has the same mean- ing as when used in relation to a company incorporated under this Ordinance.

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, s. 354.

1652

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.

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.

(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.

―

1653

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;

　　can be inspected;

(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-

(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.

(a) as regards any matter not disclosed, he proves

that he was not cognisant thereof; or

(b) he proves that the non-compliance or contra- vention arose from an honest mistake of fact

on his part; or

19 & 20 Geo.

s. 355.

Restrictions

on offering of shares

for sub-

scription or sale.

19 & 20 Geo. 5, c. 23,

8. 356.

1654

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 1 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.

Provided that the provisions of this subsection shall not apply-

(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.

(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 office in the Colony;

1655

(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;

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.

1656

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.

Prohibition of partner. ships with more than twenty members.

19 & 20 Geo. 5, c. 23, s. 357.

Prohibition of banking partnerships with more

than twenty

members.

19 & 20 Geo. 5, c. 23, s.358.

Liability of bank of issue un- limited in respect of notes.

19 & 20 Geo. 5, c. 23, s. 360.

Frivileges of banks making annual

return.

19 & 20 Geo. 5, c. 23,

s. 361.

Ordinance

No. 2 of 1889.

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, or partnership, or by the individual members thereof, unless it is registered as a company under this Ordin- ance, or is formed in pursuance of some other Ordinance, Act of Parliament, or of letters patent.

Provisions relating to Banks.

332. Similarly, no company, association, or part- nership consisting of more than twenty persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a company under this Ordinance, or is formed in pursuance of some other Ordinance, Act of Parliament, or of letters patent.

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.

(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.

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 rf 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.

1657

(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.

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.

　　　　　　　　　　　　　　　　　　　19 & 20 Geo. 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 the provisions of the Perjury Ordinance, 1922.

No. 21 of 1922.

336. If any person or persons trade or carry on Penalty for business under any name or title of which Limited," improper

"Limited."

or any contraction or imitation of that word, is the use of word 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.

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 to default

　　　　　　　　　　　　　　　　　　　　　　　fines and 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." ceeding 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,

　　　　　　　　　　　　　　　　　　　　　　　8. 365. to a fine not exceeding fifty dollars.

338. All offences under this Ordinance made Prosecution punishable by any fine may be prosecuted under the of offences Magistrates Ordinance 1890 or any Ordinance amend ing or substituted for the same.

punishable by fine.

19 & 20 Geo. 5, c. 23, s. 366.

5, c. 23, s. 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 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

Saving as to private prosecutors. 19 & 20 Gee 5, c. 23, 8. 368.

Saving for privileged communi-

cations.

19 & 20 Geo. 5, c. 23,

s. 369.

Service of documents

1658

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.

(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 meinorandum, 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.

served

a On

com-

Service of Documents and Legal Proceedings. 343. A document may be pany by leaving it at or sending it by post to the 19 & 20 Geo. registered office of the company.

on company.

5, c. 23,

s. 370.

Costs in actions by certain

limited

companies. 19 & 20 Geo.

5, c. 23,

8. 371.

Power of court to

grant relief in certain

cases.

19 & 20 Ge 5, c. 23,

8. 372.

344. Where

limited a

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

1659

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.

(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

orders.

in the same manner as orders made in an action 19 & 20 Geo. pending therein.

General Provisions as to alteration of Tables, forms

and fees.

5, c. 23, 8. 373.

and forms.

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, 19 & 20 Geo. so that such alteration does not increase the amount 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.

Interpreta tion.

19 & 20 Geo.

5, c. 23,

s. 380.

Ordinance No. 1 of 1865.

Ordinance. No. 58 of 1911.

1660

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 com- 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;

"Memorandum" means the memorandum of asso- ciation of a company, as originally framed cr 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;

1661

"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.

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 provisions of the China Orders in Council, be of the registrar. 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.

Transfer on notice by company.

Transfer

1662

(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.

(3) The registrar of companies may at any time an 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 Tegistrar 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.

pany.

1663

(4) If the company concerned, or the registrar Appeals. of companies, at Hong Kong or Shanghai, is dissatis- fied with any such order of transfer or determination aforesaid, it shall be lawful for it or hun 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 nake 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.

351.-(1) In all matters relating to a Hong Kong Jurisdiction China company, the jurisdiction of the court and the Kong Court

of Hong 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 China company, or for the winding-up of any such relating to

　　　　　　　　　　　　　　　　　proceedings 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 shalì 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.

352.--(1) An instrument of transfer of a share in Stamp a China company shall be exempt from stamp duty. duties

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.

སཾ6;-,"-,,,

Fenalty.

1664

(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.

Repeal of Ordinances No. 58 of

1911, No. 15 of 1925, No. 12 of 1928,

No. 31 of 1929 and No. 26 of 1930.

Savings. 19 & 20 Geo.

5, c. 23,

8. 382.

PART XV.

REPEAL AND SAVINGS.

353.-(1) The Companies Ordinance, 1911, and the Companies Amendment Ordinances, 1925, 1928, 1929 and 1930 are repealed.

(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;

(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

1665

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 applics 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 of pending which the winding up has commenced before the for winding proceedings 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

s. 383. Ordinance or Ordinances under which the winding up commenced shall be deemed to remain in full force.

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, of 1908,

1917.

and 32 of 1917.

357. This Ordinance shall come into force on the Commence- first day of July, 1933.

ment of Ordinance

SCHEDULES.

FIRST SCHEDULE.

TABLE A.

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 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 so defined.

Shares.

1666

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 8 nember 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 certificate for a share to one of several joint holders shall be sufficient delivery to all.

6. No part of the funds of the

company shall 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,

1667

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 shail (subject to receiving at least fourteen days' notice specifying the time or times of payment) pay to the company at the time or times 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.

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.

Transfer and Transmission of Shares.

18. Shares shall be transferred in the following form, or in any usual or common form which the directors shall approve:

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] nuinbered called the

in the undertaking Company, Limited,

day of

Witness to the signatures of, &c.

1st Schedule. Table A.

--contd.

1668

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

Forfeiture of Shares.

25. If the requirements of any such notice as. 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.

1669

26. A forfeited share may be soid or otherwise 1st Schedule. disposed of on such terins and in such manner as Table A. the directors think fit, and at any time before a sale -contd. or disposition the forfeiture may be cancelled on such terins 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, saip or disposal of the share.

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.

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, the resolution shall prescribe.

1st Schedule.

Table A. --contd.

1670

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 resclution-

(a) Consolidate and divide all or any of its share capital into shares of larger amount than its existing shares;

(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.

General Meetings.

40. The above-mentioned general meetings shall be called ordinary general meetings; all of her 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 cr any two members of

1671

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 contd. 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 scnie 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 อ 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 is 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.

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 ether 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.

1st Schedule. Table A. -contd.

1672

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 meinbers 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

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.

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.

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 a committee or curator bonis appointed by that court, and any such coinmittee, curator bonis, or other person may, og a poll, vote by proxy.

57. No member shall be entitled to vote at any general meeting unless all calls or other suins 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.

company.

1673

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 in 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 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 remuneration (whether by way of salary, or com- mission, oTM participation in profits, or partly in one

such

Table A. ---contd.

1674

1st Schedule. way and partly in another) as they may think fit, 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.

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;

meetings of the company,

and of the

directors, and of ecmmittees 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.

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.

1675

Rotation of Directors.

73. At the first ordinary general meeting of the 1st Schedule. company the whole of the directors shati retire from Table A. office, and at the ordinary general meeting in every -contd. 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.

75. A retiring director shall be eligible for re- election.

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.

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.

83. 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

Table A. -contd.

1676

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.

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 SO delegated conform to any regulations that may be imposed on it by the directors.

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 directof 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 a 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.

93. The directors may, before recommending any dividend, set aside cut of the profits of the company such sums as they think proper as a reserve or 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.

1677

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.

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.

section.

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 sending it by post to him to his registered address, or (if he has the no registered address within the Colony) to address, if any, within the Colony cupplied 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

Table A. -contd.

1678

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.

105. A notice may be given by the company to the joint holders of a share by giving the notice to the joint holder named first in

named first in the register of members in respect of the share.

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,

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.

{

1679

Names, Addresses, and Descriptions

of Subscribers.

Number of 1st Schedule. shares taken Table B.

-contd.

"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

by each Subscriber.

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.

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 within one year afterwards, for payment of the debts a member, or 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 cf 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

schoolmaster.

Sections 13 and 347.

"7. Cæsar White of

Dated the

day of

Witness to the above signatures,

A.B., No. 13, Chater Road, Victoria,

Hong Kong.

1680

1st Schedule. ARTICLES OF ASSOCIATION TO ACCOMPANY PRECEDING

MEMORANDUM OF ASSOCIATION.

Table C.

-contd.

Preliminary.

1. In these regulations:-

The Ordinance means the Companies Ordinance,

1932.

When any provision of the Ordinance is referred to the reference is to such provision as modified by any Ordinance for the time being in force.

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 members.

increase of

3. The subscribers to the memorandum association and such other persons as the directors shall admit to membership shall be members of the company.

General Meetings.

than

5. A general meeting shall be held once in every calendar year at such time (not being more 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 company's incorporation the directors shall occurs, and at such place as 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 general meetings shall be 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 same 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 general

1681

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. meeting, 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 meeting, that meeting may be convened by such shorter notice and in such manner as thosc members may think fit.

notice of રી

9. The accidental omission to give 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.

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.

and an

1682

1st Schedule, entry to that effect in the book of the proceedings of Table C.

the company, shall be conclusive evidence of the -contd.

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 poli, 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.

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 poli, by his committee, curator bouis, 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 poil 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

if the in writing, or, 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.

26. An instrument appointing a proxy may be in the following form, or any other iorm which the directors shall approve :-

**I

Company, Limited.

being a member of the

Limited, hereby appoint

Company,

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

27. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.

1683

Corporations acting by Representatives at Meetings. 1st Schedule.

Table C.

28. Any corporation which is a member of the -contd. 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.

Directors.

29. The number of directors and the names of the first directors shall be determined in writing by majority of the subscribers to the memorandum.

30. The remuneration of the directors shall fron time to time be determined by the company 101 general meeting.

Powers and Duties of Directors.

any regulation of these articles, to the provisions of the Ordinance, and to such regulations, being not inconsistent with the

aforesaid regulations Ol' provisions, us 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;

The Seal.

33. The seal of the company shall not be affixed to any instrument except by the authority of k 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 in

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

ist Schedule. Table C. -contd.

1684

(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 olice, 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.

37. A retiring director shall be eligible for re- election.

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.

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 eicction 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.

43. The directors may meet together for the despatch of business, adjourn, and otherwise regulate their meetings, as they think fit. Questions arising at any meeting shall he 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.

}

1685

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 contd. 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.

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 persone 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.

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.

Table C. ~~contd.

1686

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.

Audit.

56. Auditors shall be appointed and their duties. regulated in accordance with sections 131, 132 and 133 of the Ordinance.

Notices.

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.

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.

1687

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.

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.

Number of Shares taken

by each Subscriber.

Sections 13 and 347.

"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

merchant 200

Total shares taken 235"

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.

1st Schedule.

Table D. --contd.

1688

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

merchant.

"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 a

a 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.'

Names, Addresses and Descriptions

of Subscribers.

Number of Shares takon

by each Subscriber.

"1. John Jones of

"2. John Smith of

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 ono hundred dollars each.

1689

2. The company may by special resolution-

(a) increase the share capital by such sum to be

divided into shares of such amount as resolution may prescribe;

the

(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; (e) reduce its share capital in any way.

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

merchant.

1st Schedule. Table E --contd.

7. Abel Brown of

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 redeein-

able preference shares.

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.

each.

Sections 16> and 347.

Section 29.

1690

3rd Schedule. Amount of shares issued -contd. Amount of commissiors paid

busi-

ness:-

Amount of preliminary ex-

penses.

Amount paid to any pro-

moter

Consideration for the pay-

ment

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

debentures) paid or payable to each separate vendor.

Shares of $

fully paid.

shares which $

upon

per share credi- ted as paid.

debenture $

4. Consideration:-

Amount paid or payable in Total purchase price

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.

Cash Shares

Debentures

Goodwill

A A A

1691

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.

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.

on.

(Signatures of the persons above- named as directors or proposed directors or of their agents authorised in writing.)

Date

Sections 37 and 329.

1692

FOURTH SCHEDULE.

PART I.

MATTERS REQUIRED TO BE STATED IN PROSPECTUS.

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-

(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;

(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.

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 tr he 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

1693

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 £ 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, if any, payable for goodwill.

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 crdinary course of the business carried on or intended to be carried on by the company Οι 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.

PART II.

REPORTS TO BE SET OUT IN PROSPECTUS.

1694

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 SCHEDULE.

his

2. Every person shall for the purposes of Schedule be deemed to be a vender 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.

8. 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- cluded 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 venders 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 10 two years or one year, as the case may be, were sub- stituted for references to three years.

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

1695 -

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.

Shares of $ cach.

Section 42.

Divided into

each.

', ཀ ཏ

Amount (if any) of above Shares of S

capital which consists of

redeemable preference shares. 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.

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 i 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 cach

separate vendor.

shares of $ fully paid shares which S

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

Debentures

Goodwill

Amount paid.

payable.

Rate per cent.

Estimated amount of prelimin- $

ary expenses.

A A A

1696

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 copics thereof

may be inspected.

Names and addresses of the auditors of the Company (it any).

Full particulars of the nature and extent of the interest of every director in the promɔ- tion of or in the property proposed to be acquired by the Company,

where

or,

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, I 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.

(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 11 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.

}

1697

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*

shares of

each.

shares of

each.

Total number of shares taken up to

day of

the being the date of the return (which number must agree with the total shown in the list a8 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

share otherwise than in cash.

per

Total amount of calls unpaid - Total amount of the sums (if any) paid by way of commission in respect of any shares or debentures or allowed by way of discount in 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.

+If 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.

1698

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 Issued $

bearer issued and surrendered respec- Surrendered tively since the date of the last Return.

Number of shares comprised in each

share warrant to bearer.

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.'

33 34

sin

(Signature)

(State whether Director or Secretary.)

1 In the case of the first Annual Return strike out the awords #flast Annual Return" and substitute therefore the

words "Incorporation of the Company."

-1699

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.

Nationa-

†The

Any

lity of

Other

present

former

Christian

(if origin

Usual

business

Christian Nationa-

other

residen-

ocenpa-

Name or

Names

Name or lity.

tion if

than the

Names or

and

Surname.

present nationa- lity).

tial address.

any.

mone

state so.

* "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.

-contd.

5th Schedule.

List of Persons holding Shares in the

day of

Company,

Limited, on the 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.

Remarks.

* Number

of Shares

hell 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) f 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 Regis ration

Number. + of Transfer.

Folio in

Ledger,

containing Particulars.

Surname.

Christian

Name.

Address.

Occupation.

1700-

(Signature)

(State whether Director or Manager or Secretary)

•

1701

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 stateinent 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 windings. 180.

up.

Provisions where person other than Official Receiver 18 appointed Liquidator.

s. 181.

General provisions as to Liquidators.

182 except

Exercise and control of Liquidators' powers.

subs. (5).

s. 186.

Books to be kept by Liquidator

s. 187.

Payments of Liquidator into bank or Treasary.

s. 188

Audit of Liquidators' accounts.

*. 189.

Control of Official Receiver over Liquidators.

s. 190.

Release of Liquidators.

s. 191.

Meeting of creditors and contributories to determine s. 192. whether committee of inspection shall be appointed.

s. 193.

s. 194.

$. 202.

$. 208.

s. 209.

́s. 212,

s. 284.

Sections 290, 304, 347.

1702

Constitution and proceedings of committee of inspection.

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.

NINTH SCHEDULE.

TABLE OF FEES TO BE PAID TO THE REGISTRAR OF COMPANIES.

L. BY A COMPANY HAVING A SHARE CAPITAL.

$ c.

For registration of a company whose nominal share capital does not exceed $10,000 =

50.00

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

50.00

10.00

3.00

1.00

For registration of any existing company, except such companies as are by this Ordinance exempted from payment of fees in respect of registration

of registration under this Ordinance, the same fee as is charged for registering a new company

W..

1703

memo-

9th Schedule -contd.

3.00

For making a record of any fact by this

Ordinance required or authorised recorded by the registrar

to be

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

300.00

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 registration of the company in respect 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.

100.00

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

s. 335.

1704

TENTH SCHEDULE.

PROVISIONS REFERRED TO IN SECTION 335

OF THE ORDinance.

s. 17.

s. 37.

s. 42.

s. 44.

s. 79.

s. 80(1).

s. 81.

s. 90.

s. 94.

s. 107 (3)(n) (0).

s. 112.

s. 133 (1) (2).

s. 139.

s. 239.

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;

Auditors' report and right to information and

explanations;

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.

1705

NOTICES.

COLONIAL SECRETARY'S Department.

No. S. 448.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 259 have been removed.

9th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 449.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Federated Malay States.

All ports in the

United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the

outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements. Cabin passengers must produce a vaccination certificate or be vaccinated by ships doctor or quarantine authorities.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

Do.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926:

29th October, 1926.

No. S. 301.

1st July, 1932.

No. S. 258.

18th July, 1932.

No. S. 270.

Hawaiian Is-

lands.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

9th November, 1932.

E. R. HALLIFAX,

Colonial Secretary.

1706

BOTANICAL AND FORESTRY DEPARTMENT.

No. S. 450.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for the Supply of Labour and Stores, Botanical and Forestry Department" will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of November, 1932, for the supply of labour and stores to the Botanical and Forestry Department during the

year 1933.

For forms of tender, specifications and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

10th November, 1932.

H. GREEN,

Superintendent.

PRISON DEPARTMENT.

　　　No. S. 451.-It is hereby notified, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Rations to Indian Prison Staff" for the supply and delivery of the articles therein mentioned as required to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st January, 1933, to the 31st December, 1933, inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 25th November, 1932.

A ration consists of following:-

Atta

Dhall

Ghee

Massala Salt

...

1 lb. 8 oz.

லல்

21/

　　　For forms of tender and any other information apply at the Prison Department Office, Victoria Gaol.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $500.

10th November, 1932.

J. W. FRANKS,

Superintendent.

1707

HONG KONG VOLUNTEER DEFENCE CORPS,

Headquarters, Hong Kong.

　　No. S. 452.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Boots, H.K.V.D.C.", will be received at the Colonial Secretary's Office until Noon of Monday, the 21st day of November, 1932, for the supply and delivery of Boots required by the Unit, for the year 1933.

　　Each Tenderer must produce with his tender a receipt that he has deposited in the Colonial Treasury the sum of Dollars Fifty ($50) as a pledge of the bona fides of his tender, which sum shall be forfeited to the Crown, should the Tenderer refuse or fail to carry out the whole of the tender, which may be accepted. The deposit will be returned to any tenderer whose tender is not accepted.

For form of tender and further particulars apply to the Adjutant, Hong Kong Volunteer Defence Corps, Headquarters, Garden Road.

The Government does not bind itself to accept the lowest or any tender.

10th November, 1932.

W. H. G. GOATER, Captain,

Adjutant, H.K.V.D. Corps.

PUBLIC WORKS DEPARTMENT.

No. S. 453.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Stores " will be received at the Colonial Secretary's Office until Noon of Thursday, the 17th day of November, 1932, for the supply and delivery of the undermentioned Stores required by Government Departments during the year 1933:-

Class No. 2.

Class No. 31.

Bamboo and Cane Goods, etc.

Timber.

The deposit shall be returned to any Tenderer whose tender is not accepted.

For Specifications and Forms of Tender apply at the office of the Superintendent, Accounts and Stores, Public Works Department, from whom further particulars can be had on application.

The Government does not bind itself to accept the lowest or any tender, and reserves to itself the option of accepting FOR ALL OR ANY PART of each Specification.

R. M. HENDErson,

Director of Public Works.

10th November, 1932.

1708

PUBLIC WORKS DEPARTMENT.

No. S. 454.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 28th day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents Annual Upset

Rent.

Price.

Sq. feet.

feet. feet. feet.

feet.

$39

About

Kowloon Inland Lot

Adjoining

As per sale plan.

32,370 372

: 16,185

Kowloon Inland Lot

No. 3056.

No. 2454,

Ho Mun Tin.

The Purchaser of the Lot will also have to pay the sum of $40 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th November, 1932.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 455. It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 28th day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Registry No

Locality.

Sale.

Kowloon Inland Lot No. 2827.

Between

Kowloon Inland Lots

Nos. 2659 and 2631,

Ki Lung Street,

Tai Kok Tsui.

Boundary Measurements.

Contents in

Annual Upset

Rent.

Price.

Sq. feet.

ㄠˊ

feet. feet. feet. feet.

€9

About

As per sale plan.

912

2,736

The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th November, 1932.

R. M. HENDERSON,

Director of Public Works.

1709

PUBLIC WORKS DEPARTMENT.

No. S. 456.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 28th day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Registry No. Sale.

Locality.

Contents Annual Upset

Rent.

Sq. feet.

Price.

feet.

feet. feet.

feet.

About

New Kowloon

Cornwall Street, Kowloon Tong.

As per sale plan.

30,500 350

7,625

Inland Lot

No. 1970.

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th November, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　No. S. 457.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 28th day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Sale.

Registry No.

Locality.

Contents in

Annual

Upset

Sq. feet.

Reut.

Price..

feet. feet. feet.

feet.

About

New Kowloon Inland Lot No. 1971.

Cornwall Street, Kowloon Tong.

As per sale plan.

29,700 340

7,425

　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th November, 1932,

R. M. HENDErson,

Director of Public Works.

1710

PUBLIC WORKS DEPARTMENT.

No. S. 458-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 28th day of November, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

No.

Registry No.

Locality.

in Sq. feet.

Annual Upset

Rent.

Price.

Sale.

feet.

feet. feet.

feet.

About

New Kowloon Inland Lot Νο. 1979.

Cornwall Street, Kowloon Tong,

As per sale plan.

26,930 310

6,733

The Purchaser of the Lot will also have to pay the sum of $30 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

10th November, 1932,

R. M. HENDErson,

Director of Public Works.

HARBOUR Department.

No. S. 421.-Sealed tenders in quadruplicate which should be clearly marked Tenders for the supply of Coal to the Hong Kong Government" will be received at the Treasury until Noon of Friday 18th November, 1932, for the supply of Coal to the Government for a period of one year as from 1st January, 1933.

　　　The quantity of coal will very according to requirements, and prices should be quoted for each of the following grades.

(a) Hongay Coal 80% Lump (Screened).

(b) Ohnoura

(d) Launch Coal 50% Lump Unscreened.

(e) Launch Dust Coal.

(f) 80% Lump Coal for Pumping Stations, and Quarries &c.,

2. The origin and name of Coal should be stated in each case.

The prices quoted should include delivery charges to destination.

Free storage will not be provided.

Information as to the places of delivery may be obtained at the Harbour Office.

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

No. 18 of 1932.

Notice of Dividend Declared.

Re Wat Chin Yu, of No. 288, Queen's Road West, Victoria, in the Colony of Hong Kong, employee.

FIRST and Final dividend of $9.50 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

　　　　　　　mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 16th day of November, 1932, between the hours of 10 a.m. and 4 pm. and on any subsequent day during the office hours.

　　　　Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 9th day of November, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 46 of 1926.

Notice of Intended Dividend.

Re A, Kwai and Company, otherwise

known as Yick Cheong Hong, of 18 19, Connaught Road Central, Victoria, in the Colony of Hong Kong.

FOURTH and Final dividend of $11 00 per cent is intended to be declared in he above matter.

Creditors who have not proved their debts by the 10th day of December, 1932, will be excluded from this dividend.

Dated the 10th day of December, 1932.

W. K. LUM, Trustee.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance No. 25 1923. Notice is hereby given, that the Lun fim (†), carrying on business

as Preserved Ginger & Fruit Manufacturers at No. 5 Queen's Street, Victoria, Hong Kong, (hereinafter called the Trans'erors) have agreed to ass gn the said business of the said

Lun On firm to Hop Shing Tong (☆

), of No. 5 Queen's Street, Victoria, aloresaid (hereinafter called the Transferees) The Completion will take place on the 19th day of November, 1932.

　　　　　The Transferees intend to carry on the business at No. 5 Queen's Street, Victoria, aforesaid and will not assume the liabilities incurred by the Transferors in the said busin-

ess.

The Transferees still use the name of "Lun On firm" () by adding two char-

acters "Sing Kee

Dated this 27th day of October, 1932.

(LUN ON FIRM)

廖燊芳

Transferors

(HOP SHING TONG)

鄭澤波

Transferees.

1717

NOTICE.

OTICE is hereby given by the undersign- ed on behalf of CHAN CHUNG SHIV alias CHAN WING, of Victoria, l'ong Kong, Gentle- man, that the Power of Attorney dated the 17th March, 1924, given to CHAN LUNG, of Victoria aforesaid has been REVOKED by Deed, dated the 26th day of October, 1932.

TS'O & HODGSON, SOLICITORS FOr Chan Chung Shiu,

alias CHAN WING.

Hong Kong, 10th November, 1932.

IN THE SUPREME COURT OF HONG KONG.

Probate JurisDICTON.

In the Goods of Arthur Lyman Macgowan formerly of Swatow in the Republic of China but late of Roseview Queen's Road Chelten ham in the County of Gloucester, England, Merchant, decased.

NOTICE is hereby given that the Court has, by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the tim for Creditors and others to send in their claims against the above estate to 18th day of November, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated this 19th day of October, 1932.

DEACONS,

Solicitors for the Executrix, No. 1, Des Vœux Road Central, Hong Kong.

(FILE NO. 313 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mak.

NOTICE is hereby given that David Sassoon

& Co., I td., of No 12, Des Vœux Road Central, Victo. ia, in the Colony of Hong Kong, have on the 30th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

FOX

BRAND

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors

thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Flour in Class 42

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 14th day of October, 1932.

DAVID SASSOON & CO., LTD., No. 12, Des Voeux Road, Central, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

NOTICE.

OTICE is hereby given that pursuant to the piovisions of the Legal_racti- tioners' Ordinance 1871 and 1913, Christopher D'Almada e Castro of the 1st floor of David House, Victoria in the olony of Hong Kong, who was articled to his father. Mr. Leo. D'Almada e Castro, Solicitor of the same place, intends, at the expiration of ne month from the date hereol, to apply for his examination and admission as a Solicitor and Proctor of the Supreme Court of Hong Kong.

Dated the 28th day of October, 1932.

CHRISTOPHER D'Almada в Castro.

(FILE No. 300 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Nam Shing Manufacturers of No. 1 to 11 (odd Nos.) Yiu Wa Street, Wanchai in the Colony of applied for the registration, in Hong Kong, Hong Kong, on the 19th day of August, 1932,

in the Register of Trade Marks, of the following Trade Mark, viz :-

Dated the 9th day of September, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Vœux Road Central, Hong Kong.

The Hong Kong Government Gazette

Local Subscription. Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1,001 for 1st. $0.20 / insertion:

5 cents. Half price

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's issue.

(FIB No. 389 of 1932). TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two

Trade Marks.

OTICE is hereby

1718

(FILE No. 387 or 1932) TRADE MARKS ORÐINANCE, 1909.

Application for Registration of

a Trade Mark.

No Company, they given that Wahson and OTICE is hereby given that Colgate-

　　　　Nanking Road, Shanghai, China, have on the 4th day of October, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

in the name of Wahson and Company, Electric Factory who claim to ie the proprietors thereof.

　　　　　　The Trade Marks have been used by the applicants, Wahson and Company, Electric Factory, in respect of Electric fans, electric blowers, electric dynamos, mötör engines, cur- rent limitors, transformers, generators and alternators, in Class 6 and in respect of Ammeters, voltmeters. switchboards, switches and regulators, in Class 8.

　　　　　　　The Trade Marks are also intended to be used forthwith by the applicants in respect of Rectifiers, in Class 6, in respect of Batteries and electric accumul tors, in Class 8 and in respect of Glass-bulbs, in Class 15.

　　　　　Representations of the Trade Marks are de- posited for ins ection in the Office of the Re- gistrar of Trade Marks, Hong Kong

Dated the 10th day of November, 1932.

WAH M'I ELECTRIC COMPANY, No. 135, Des Vœux Road Central, Agents for the Applicants WAHSON & CO., ELECTRIC FACTORY.

(FILE No. 355 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Ching

Tsun Drug Co., (T),

of No. 180, Queen's Road Central, Victoria in the Colony of Hong Kong, have, on the 27th day of September, 1932. applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

In the name of the Ching Tsun Drug Company, who claim to be the sole proprietors thereof.

The Trade Mark is intended to be used forthwith by the Applicants in respect of Medicinal Pills and Medicines in Class 3.

　　　　　Facsimiles of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 10th day of November, 1932.

THE CHING TSun Drug CompANY, No 130 Queen's Bond Contrálų

Hong Kong.

Applicants.

Palmolive-Peet Company a corporation organized under the laws of the State of Delaware, having its principal pl..ce of business at 919 North Michigan Avenue, Chicago, Illinois in the United States of America. have on the 23rd day of June, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :-

COLGATE'S

in the name of the said Colgate-Palmolive-Peet Company, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of household soap, soap powder, soap chips, soap paste. soap flakes and scouring cleanser in class 47; in respect of 1 quid and powder perfume, toilet water, talc powder, face powder, rouge, face lotion, face cream, cold cream, vanishing cream, dental cream, dental powder, liquid dentifrice, hair tonic, brilliantine, bandoline shampoo preparations smelling salts, toilet, laundry shaving cream, shaving powder and shaving soup in the form of sticks, cones and tablets in class 48' and in respect of tooth brushes in class 50.

The Mark has been declared to be distinc- tive by order of His Excellency the Officer Administering the (overnment under Section

9 (5) of the Trade Marks Ordinance 1909.

Facsimiles of the Mark may be seen at the

offices of the Registrar of Trade Marks and of the undersigned.

Dated the 10th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

No. 2, Queen's Road Central, Hong Kong.

(FILE No. 401 of 1932 › TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that The Chop Stick Drug Company, of No. 171, Johnston Road, Wanchai, Hong Kong, Medicine Dealers, have by two applications dated the 31st day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(1)

CHOPSTICKS

BRAND

快子

*KE K

(2)

快

子

in the name of The Chop Stick Drug Company, who claim to be the proprietors thereof.

The Two Trade Marks are intended to be used forthwith by the applicants in respect of Chemical substances prepared for use in Medicine and Pharmacy, in Cláss 3.

The Two Trade Marks are associated with each other.

Dated the 10th day of November, 1932.

THE CHOP STICK DRUG COMPANY, ... ¡No. 171, Johnston Road, Hong Kong, Applicants.

(FILE No. 403 or 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Chung Tack Hing of No. 196, Wellington Street, (2nd Floor, Victoria, in the Co ony of Hong Kong, on the 29th day of October, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Marks, viz :-

the

標

(1)

REGISTERED

TRADE MARK

(2)

註

府政英中

商

註

無

標

TRADE

MARK

SAILING JUNK BRAND

牌船帆

in the name of the said Chung Tack Hing who

claims to be the proprietor thereof.

The Trade Marks have been used by the Applicant in respect of the following goods respectively, in the following cla-ses respec tively, viz:-

(1) Handkerchiefs Cotton) not in the

piece in Class 25 and

(2) Handkerchiefs (Linen) not in the

piece in Class 28.

Facsimiles of such Trade Marks can be seen at the office of the Registrar of Trade Marks.

Dated the 10th day of November, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, Gloucester Building, Hong Kong.

(FILE No. 390 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Habade,

of No 5. Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 13th đay of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :→→

BRACO

in the name of Habade, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Bread and Foodstuffs, in Class 42 since the last four months.

Dated the 10th day of November, 1932.

A. BL ARCULL1, Solicdor for the Applicants, No. 14, Queen's Road Central,

Hong Kong.

　(FILES Nos. 218, 264 and 350 of 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Regisiration of Two Trade Marks.

NOTICE is hereby given that the Paramount

　　　　　Chemical Works, Limited of No. 583, Canton Road, Kowloon in the Colony of Hong Kong, have on the 21st day of June, 1932, the 26th day of July, 1932, and the 20th day of September. 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

( 1 )

1719

(File No. 394 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

NOTICE is hereby given that Fisher Flour- U.S A., have on the 22nd day of October, 1932.

ing Mills Company, Seatile, Wash., N applied for the registration, in Hong Kong, in Trade Mark: the Register of Trade Marks, of the following

果

BIRD'S NEST

BRAND

(FILE No. 410 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Lai Sam

Hing Firm (2

Castle Peak Road, on New Kowloon Inland. 黎三興)of

Lot No. 1295, Kowloon, in the Celony of Hong Fong, Manufacturers, of Vermillion on the 4th day of November, 1932, applied for the registra- tion in Hong Kong, in the Registrar of Trade

Marks, of the following Trade Mark, viz :-

味蝠五認識

}

Paramount

Chemical Works

BIRD NESTA BRAND

FLOUR

CIRDS NEST

街

瀾舖老興三東省

Registered Trade Mark.

(2)

Paramount

ChemicalWorks Limited

REG. TRADE MARK

in the name of the Paramount Chemical Works, Limited, who claim to be the proprietors thereof.

　　　　The above Trade Marks have not hitherto been used by the Applicants but it is their intention to forthwith use Trade Mark No. 1 in respect of the following goods :-

(a) Chemical substances used in manufac- tures, photography, or philosphical research, and anti-corrosives in Class 1.

(b) Chemical substances used for agricul- tural, hor icultural. veterinary, and sanitary purposes in Class 2.

(d) Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches and starch, blue, and other preparations for laundry pur- poses in Class 47. and Trade Mark No. 2 in respect of the follow- ing goods:-

Perfumery (including toilet articles, preparations for the teeth and hair, aud perfumed soap in Class 48. The Applicants disclaim the right to the exclusive use of the word "Paramount" in both marks,

Facsimiles of the above Trade Marks can be

FISHER

49-LES

BIRD'S NEST BRAND

in the name of Fisher Flouring Mills Company, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli-

cant in respect of Wheat Flour, in Class 42 and is to be associated with Trade Marks Nos. 13 of 1912, 77 to 86 and 120 of 1932.

Dated the 10th day of November, 1932.

E. CHRISTENSEN, Acting for the Applicants, David H、 use, Hong Kong,

in the rame of The Lai Sam Hing Firm, who

claim to be the proprietors thereof.

The Trade Mark has hitherto been used by the Applicants in Class 1 in respect of Vermillion.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

disclaim the right to the exclusive use of It is hereby stated that the Applicants the Chinese character ( * ).

Dated the 10th day of November, 1932.

LO AND LO., Solicitors for the Applicants, Alexandra Building,

Des Vœux Road Central, Hong Kong.

(FILE No. 385 of 1932)

1909.

TRADE MARKS ORDINANCE,

Application for Registra'ion of a Trade Mark.

NOTICE is hereby given that The Orient Tobacco Manufactory, C.

Ingenohl, of 578 Nathan Road, Kowloon-Mongkok, in the Colony of Hong Kong, have, on the 12th day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MANILA BOLOS

in the name of The Orient Tobacco Manufactory, C. Ingenohl, who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Cigars in Class 45, (Manufactured tobacco).

The Applicants disclaim the right to the exclusive use of the word 'MANILA " and the representation of a cigar.

Fascimile of such Trade Mark can be seen

at the offices of the

seen at the offices of the Registrar of Trade Registrar of Trade Marks, of Hong Kong, and of the undersigned. Marks and of the undersigned.

Dated the 10th day of November, 1932.

WOO AND NASH,

Solicitors for the Applicants, 4, Queen's Road Central,

Hong Kong.

Dated the 8th day of November, 1932.

THE ORIENT

TOBACCO MANUFACTORY, C. INGENOHL, 578, Nathan Road, Kowloon-Mongkok, Hong Kong.

1720

(FILE No. 310 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Sun

Tack Loong Company, Limited, whose registered office is situate at Victoria, in the Colony of Hong Kong and carrying on business at No, 307, Des Vœux Road Central, Victoria, n the Colony of Hong Kong, Manufacturers of Canned Goods, have, by an applicantion dated the 27th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MAYJAN

味

****

in the name of The Sun Tack Loong Company, Limited, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicant company in respect of Season- ing Flavour in Class 42 but it is their intention 80 to use it forthwith.

Representations of the Tra1e Mark are de- posited for inspection in the Office of the Registrar of Trade Marks and of the under- signed.

Dated the 9th day of September, 1932.

THE SUN TACK LOONG

CO., LTD,

No. 307, Des Voux Road Central,

Hong Kong, Applicants.

(FILE No. 305 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Fuk Wah

Electric Flashlight Factory of Nos 55 to 61, Kweilin Street. Shamshuipo, Kowloon, Hong Kong, Manufacturers, have on the 23rd day of August, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

SOLDIER

(1)

ΒΟΥ

BRAND

(2)

ELEPHANT

BRAND

in the name of Fuk Wah Electric Flashlight Factory, who claim to be the proprietors thereof.

The two Trade Marks are intended to be used forthwith by Fuk Wah Elctric Flash- light Factory in respect of Electric Flashlights and Flashlight Fa tries and Cells in Class 8.

Representations of the two Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

•

Dated the 9th day of September, 1932.

FUK WAI ELECTRIC

FI ASILIGHT FACTORY, Nos. 55-61, Kweilin Street, Shamshuipo, Hong Kong,

Applicants.

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

}

1723

POLICE DEPARTMENT.

No. S. 461.-It is hereby notified that separate sealed tenders in triplicate, which should be clearly marked "Tender for Photographing", will be received at the Colonial Secretary's Office until Noon of Friday, the 28th day of November, 1932, for Photograph- ing during one year, commencing from 1st January, 1933, certain persons, and the supply of two and in some cases more unmounted copies of each photograph.

Vehicle Drivers and Chair Bearers Suspicious Characters...

Prisoners

Dead Bodies...

Extra copies.

2 copies of each.

1 copy.

4 copies of each.

For further particulars and forms of tender apply at Police Headquarters.

The Government does not bind itself to accept the lowest or any tender.

18th November, 1932.

E. D. C. Wolfe, Inspector General of Police.

POLICE DEPARTMENT.

　　No. S. 462.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of meals to Chinese prisoners, Witnesses and Deportees", for one year from 1st January, 1933, will be received at the Colonial Secretary's Office until Noon of Friday, the 28th day of November, 1932.

Meals to be supplied as under :-

Prisoners and Witnesses at Police Headquarters.

Deportees at Police Headquarters and Yaumati Police Basin.

For further particulars and forms of tender apply at Police Headquarters.

The Government does not bind itself to accept the lowest or any tender.

18th November, 1932.

E. D. C. WOLFE, Inspector General of Police.

1724

POLICE DEPARTMENT.

No. S. 463.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Brass Dog Licence Badges", will be received at the Colonial Secretary's Office until noon of Friday, the 28th day of November, 1932.,

More or less 4,500 Brass Dog Licence Badges of approved shape.

No tender will be received, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $30 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person fails or refuses to carry out his tender, should the tender be accepted.

For further particulars and forms of tender apply at Police Headquarters.

The Government does not bind itself to accept the lowest or any tender.

18th November, 1932.

E. D. C. Wolfe, Inspector General of Police.

PUBLIC WORKS DEPARTMENT.

No. S. 464.-The following description and terms of the proposed lease of certain Crown Land at Ma Tau Kok, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in

Sq. feet.

Annual Pre- Rental. mium.

About

Kowloon Marine Lot No. 102.

Adjoining Kowloon Marine Lot No. 97, Ma Tau Kok.

As per sale plan.

3 acres.

2,400

65,340

A plan of the lot, signed by the Director of Public Works, can be seen at the Office

of the Public Works Department.

1724

POLICE DEPARTMENT.

More or less 4,500 Brass Dog Licence Badges of approved shape.

For further particulars and forms of tender apply at Police Headquarters.

The Government does not bind itself to accept the lowest or any tender.

18th November, 1932.

E. D. C. Wolfe, Inspector General of Police.

PUBLIC WORKS DEPARTMENT.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in

Sq. feet.

Annual Pre- Rental. mium.

About

Kowloon Marine Lot No. 102.

Adjoining Kowloon Marine Lot No. 97, Ma Tau Kok.

As per sale plan.

3 acres.

2,400

65,340

A plan of the lot, signed by the Director of Public Works, can be seen at the Office

of the Public Works Department.

1725

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

1. In consideration of payment of the premium and upon completion of the reclama- tion of the above lot to the satisfaction of the Director of Public Works, it is proposed to grant a rown Lease of the whole area coloured red on the said plan and having a total area of 3 acres for a term of 75 years, commencing from the date on which possession shall be given, renewable for a further term of 75 years at a re-assessed Crown Rent.

The amounts of the premium and Crown Rent are subject to re-adjustment when the reclamation has been completed in accordance with the area actually occupied.

2. The Crown Lease of the area coloured red on the said plan will be subject to and contain all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Lease of Kowloon Marine Lots in the Colony of Hong Kong; the Lease will also specify the purpose for which the land is leased (ie., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators, and assigns, or successors and assigns (as the case may be) failing, at any time during the continuance of the term of the said Lease to use the demised land for the purpose so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor, then it shall be lawful for His Majesty. His Heirs, Successors or Assigns, by the Governor or by any officer authorised by him in writing, to re-enter on the land, foreshores and Sea beds included in and demised by such Lease or any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease will also contain in particular a reservation to the Crown of all mines and minerals under the demised land. The Lease will also contain a proviso that the Lessee is to have the option of renewing the Lease for a further term of 75 years at a re-assessed Crown Rent to be fixed by the Surveyor of His Majesty the KING.

3. The Lessee of the lot will also have to pay the sum of $32 for boundary stones required to define the lot, and the prescribed fee for the Crown Lease.

18th November, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 465.-Notice is hereby given under section 3 of The Foreshores and Sea Bed Ordinance, 1901, that all persons having any objections to the granting of the lease as above described must send in particulars of their objections in writing to the Colonial Secretary before the expiration of a period of one month from the 18th day of November, 1932, and all such objections will be considered by the Governor in Council.

R. M. HENDErson,

Director of Public Works.

18th November, 1932.

1725

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

The amounts of the premium and Crown Rent are subject to re-adjustment when the reclamation has been completed in accordance with the area actually occupied.

2. The Crown Lease of the area coloured red on the said plan will be subject to and contain all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Lease of Kowloon Marine Lots in the Colony of Hong Kong; the Lease will also specify the purpose for which the land is leased (ie., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators, and assigns, or successors and assigns (as the case may be) failing, at any time during the continuance of the term of the said Lease to use the demised land for the purpose so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor, then it shall be lawful for His Majesty. His Heirs, Successors or Assigns, by the Governor or by any officer authorised by him in writing, to re-enter on the land, foreshores and Sea beds included in and demised by such Lease or any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease will also contain in particular a reservation to the Crown of all mines and minerals under the demised land. The Lease will also contain a proviso that the Lessee is to have the option of renewing the Lease for a further term of 75 years at a re-assessed Crown Rent to be fixed by the Surveyor of His Majesty the KING.

3. The Lessee of the lot will also have to pay the sum of $32 for boundary stones required to define the lot, and the prescribed fee for the Crown Lease.

18th November, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

R. M. HENDErson,

Director of Public Works.

18th November, 1932.

LICENSING SESSIONS.

MAGISTRACY.

No. S. 466. It is hereby notified that a meeting of the Licensing Board will be held in the Council Chamber, on Monday, the 28th day of November, 1932, at 2.30 p.m., at which the following applications will be considered under the Liquors Ordinance, 1931:-

No.

Names of Applicants.

Description of Licence applied for.

Sign of House.

Ma Tau Nam and Fung Pak Lau

Hotel Keeper's

Empress Hotel

Adjunct Licence.

Yu Tung Wai

Mee Chow Hotel

C. Kitche!l

Restaurant Keeper's Adjunct Licence.

Café Alexandra

Pang Yat Sang

The South China Restaurant

Lam Ying Kit

The Chinese Restaurant

Alexander Ogilvie..

Publican's Licence without Bar.

Airlie Hotel

18th November, 1932.

Situation of House.

159 to 161, Connaught Road Central

Whether the applicant has held a licence of the

same kind to sell liquor in the Colony and, if so, for how long.

6 years.

216 to 230, Des Voeux Road Central

Prince's Building, Ice House Street

Roof of the China Building, Queen's Road Central.

26, Des Voeux Road Central

23-25, Nathan Road, Kowloon

4 months.

1 year.

2 years.

New application.

L. R. ANDREWES,

Secretary to the Licensing Board.

1726

IN THE SUPREME COURT OF

HONG KONG.

IN BANKRUPTCY.

Nos. 19 & 20 of 1932.

Notice of Intended Dividend.

1733

EXTRAORDINARY RESOLUTION OF THE SOUTH CHINA SUNDAY STAR LIMITED.

́N accordance with the provisions of Section

IN of section,

Re Peter Leong Hing Kee alias Leong Kam Hung, and Augustin Leong Hing Kee, alias Leong Kam Luen, Merchants formerly carrying on business in co-partnership as A. and P. Leong Hing Kee & Co."

FIRST and Final dividend is intended to

A and there matters.

Creditors who have not proved their debts by the 18th day of December, 1932, will be excluded.

Dated the 18th day of November, 1932..

E. L. AGASSIZ,

Official Receiver

notice is hereby given that the following Re- solution was passed as an extraordinary Re- solution at an Extraordinary General Meeting (Second Floor), Gloucester Building, Victoria, of the Company held in Mr. Ho Kwong's Office,

in the Colony of Hong Kong, on the 12th November, 1932.

"That the Company cannot, by reason of its liabilities, continue its busi- ness, and that it is advisable to wind-up the same and that the Company be wound-up accordingly."

HỌ KWONG. Director.

Dated the 18th day of November, 1932.

(FILE No. 393 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Messrs. Bitzer

and Company, Importers, Exporters, and Commission-Agents, have on the 20th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

དྷཱུ

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 26 of 1932.

Notice of Adjudication and Appointment

of Trustee.

THE

Re The Sang Lee firm, of No. 69A, Des Vœux Road Central, Victoria, in the Colony of Hong Kong and lately carrying on business there as a Compradore Shop.

HE above-named Sang Lee firm, was ad- judicated, Bankrupt on the 7th day of November, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt firm.

Dated the 18th day of November, 1932.

E. L. AGASSIZ,

Official Receiver.

NOTICE OF DISSOLUTION OF PARTNERSHIP

OTICE is hereby given that the Partner- ship heretofore subsisting between us the undersigned carrying on business under the style of STUDIO D'ART at No. 24a, Des Vœux Road Central, Victoria, Hong Kong, has been dissolved by mutual consent as from the date hereof. The said business will be carried on by FRANCIS TOHONG under the style of STUDIO D'ART at the above address who assumes Hiability for the payment of all the debts of the maid business.

Dated this 9th day of November, 1932.

A. A. HUMJAHN,

1. TCHONG.

THE SOUTH CHINA SUNDAY STAR LIMITED.

N accordance with the provisions of Section 181 of the Companies Ordinance 1911, notice is hereby given that a meeting of the Creditors of the above Company will be held in the offices of Messrs. Thomson and Com- pany, Chartered Accountants, York Building, Hong Kong, on December the 17th 1932, at 10.00 o'clock in forenoon.

At this meeting the Creditors will be asked to determine whether an application should be made to the Court for the appointment of any person as liquidator in the place of, or jointly with ourselves, the liquidators appointed by the Company, or for the appointment of a Committee of Inspection.

Notice is also hereby given that the Credi- tors of the above-named Company are required on or before the 10th day of December, 1932, to send in their names and addresses and particulars of their debts or claim, and the names and addresses of their solicitors, if any, to Frank Gordon Maunder and Wilfred James Cole of Messrs. Thomson & Company, the liquidators of the Company; and, if so required by notice in writing from the liquidator, are by their Solicitors or personally, to come in and prove their debts or claims, at such time or place as shall be specified in such notice, or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 18th day of November, 1932.

F. G. MAUNDER, 4.0.4., W. J. COLE, 4.0.4.,

Liquidators.

in the name of Messrs, Bitzer and Company who claim to be the proprietors thereof.

The above Trade Mark has been used by the applicants in respect of Cotton piece goods of all kinds in Class 24, and also in respect of Cloths and stuffs of wool worsted or hair in Class 34, since June, 1932.

Facsimiles of the said Trade Mark can be seen in the Registry of the Trade Marks and at the Office of the undersigned.

Dated the 18th day of November, 1932.

BITZER & CO..

Applicants.

(FILE NO. 406 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs.

Grotjahn and Company, c/o Messrs. Reiss, Massey and Company, Limited, of No. 7, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 26th day of Octo- ber, 1932, applied for the registration in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark:-

Registered

Trade Mark

THE TUNG NAM $. N. CO., LTD. (In LiqunaszoN).

NOTICE is hereby given that pursuant to

　　　　　　　　　　188 of the Companies Ordia- ances (No. 56 of 1911) a fleneral Meeting of the Shareholders of the Company will be held at the (3rd floor), of No 38, Queen's Road

Central, Victoria, Hong Kong, on Wednesday,

the 21st December, 1932, at 7:00 pan.

白告項承

壬堂安向轉號壹裝四德承申無一大轕貨日修號輔年涉經文未會交家大道告

BUSINESS :-"To pass the Final Accounts #228##XTÉ

of the Liquidator ".

Dated the 18th day of November, 1932.

C. P. YOUNG Liquidator.

和月此易司等項尙準公一本堂二聲概舊情及有本司百堂謹十明與人新華欠月舖二頂

白日本理卽洋各念内十受

in the name of Messrs. Wolf and Bangert for whom Messrs. Grotjahn and Company, are Sole Agents.

The Trade Mark is intended to be used by the Applicants and their Principals, in Class

12 in respect of Saws.

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks

of Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

REISS, MASSEY & CO., LTD.,

Agents for the Applicants,

No. 7, Queen's Road Central, Hong Kong.

(FILE No. 407 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of Three

Trade Marks.

NOTICE is hereby given that Alwin Goeke

and Hugo Ammann trading as A. Goeke and Company, at China Building, Victoria, in the Colony of Hong Kong, have on the 31st day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

(2)

1734

---

(FILE No. 361 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three

Trade Marks.

Tea Company, of No. 62, (first floor),

OTICE is hereby given that Kam Mow

Des Voeux Road West, Hong Kong, Tea Mer- chants, have, on the 3rd day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Three Trade Marks :-

(1)

(FILE NC. 263 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Brunswick

Radio Corporation of 116 to 120, West 42nd Street, New York City, State of New York, United States of America, have, by an

application dated the 18th day of October,

1930, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark-

•

PAT OFF

Brünuck

行洋技高

商德

行洋技高

BUDDAH BRAND

號

式真正山烏龍名種

金泰

本莊在格州建武4

FOOCHONMADYEE CANTONHONGKONG

BRUNSWICK

NEW YORK CITY

'PAT NO 1.637.644

RADIO CORP.

NEW YORK U.S.A.

CANTONESE

王大旦论

thi 王大生式

土

榮靚

to tú

章麗肖

兵金退鼓擊

51020-B #

MADE IN U.S. A

嘜錢金

嘜錢金三

(2)

407/3

茂標商冊註金

(3)

商德

行洋技高

嘜錢金四

効記

册港

茶 TRADE MARK名

(3)

茶嫩品極联系

香港開張

三巍茶

舖在廣東

蓮心

一喜

in the name of the said Brunswick Radio Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Phonograph Records, in Class 8, since July, 1930.

Facsimiles of the Trade Mark can be seen at the office of the Registrar of Trade Marks and at the office of the undersigned.

Dated the 18th day of November, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE NO. 393 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs. Bitzer and Company, Importers, Exporters,

and Commission-Agents, have on the 20th day

of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

in the name of Alwin Goeke and Hugo Ammann trading as A Goeke and Company, who claim to be the sole proprietors thereof.

The "One Gold Coin" and the "Three Gold Coin" Trade Marks have been used by the Ap- plicants in respect of Cotton Yarn in Class 23.

The "Four Gold Coin" Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Cotton Yarn in Class 23.1

The said Trade Marks are to be associated with one another.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

|號字正

in the name of Kam Mow Tea Company, who claim to be the proprietors thereof.

Trade Marks Nos. (1) and (2) are intended to be used forthwith by the applicants in respect of Tea, in Class 42.

Trade Mark No. (3) has been used by the applicants in respect of Tea in Class 42.

In Trade Mark No. (1) the applicants dis- claim the right to the exclusive use of the representation of tea box and all the Chinese characters except those meaning Buddah.

Dated the 18th day of November, 1932.

KAM MOW TEA COMPANY, No. 62, (1st floor), Des Voeux Road

West, Hong Kong,

Appli cants..

行洋達必

商

う

港香

in the name of Messrs. Bitzer and Company, who claim to be the proprietors thereof.

The above Trade Mark has been used by the applicants in respect of Cutlery and Edge Tools, in Class 12, and also in respect of Metalgoods, (including enamels and excluding needles), in Class 13, since June, 1932.

Facsimiles of the said Trade Mark can be seen in the Registry of the Trade Marks and at the Office of the undersigned.

Dated the 18th day of November, 1932.

BITZER & CO.,

Applicants.

(FILE No. 423 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NoTot Company, Limited, OTICE is hereby given that The Nanyang

of No. 271, Wanchai Road, Victoria, in the Colony of Hong Kong, Merchants, on the 14th day of November, 1932, applied for the regis- tration in Hong Kong, in the Register of Trade Marks of the following Trade Mark, viz :-

飛輪

香煙

1735

((FILE No. 384 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Wing Shun

Yuen Drug Firm, of No. 83, Connaught Road, Victoria, in the Colony of Hong Kong, have, on the 8th day of October, 1932, applied for registration in Hong Kong, of the accom- pany Trade Mark:-

行药源勝

(FILE No. 408 of 1932) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that H. & Y.

Trading Company, of No. 31, (first floor), Des Voeux Road Central, Victoria, in the Colony of Hong Kong, have, on the 4th day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Flywheel

TRADE

司公限有草煙弟兄洋南

in the name of The Nanyang Brothers Tobacco

Company, Limited, who claim to be the pro-

prietors thereof.

The Trade Mark is intended to be used by

the Applicants forthwith in Class 45, in respect of Cigarettes.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 18th day of November, 1932.

LO AND LO,, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

(FILE No. 399 OF 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that the Tak On

Wo Battery Company (德安和)

of No. 24, Bonham Strand East, Victoria, in the Colony of Hong Kong, have, on the 27th day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

COCK BRAND

TRADE

MARK

商標

闽

翔

in the name of the said Wing Shun Drug Firm, who claim to be the proprietors thereof.

The above Trade Mark has not hitherto been used by the said firm but it is their intention so to use it forthwith in respect of Medicine and Pharmacy, in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central,

Hong Kong.

B. O. P. BEST

二八一〇二話電

鉘一十三中纖轉皰港香

in the name of the said H. & Y. Trading Com- pany, who claim to be the proprietors thereof.

The Trade Mark has been used by the applicants in respect of Ceylon Tea, in Class 42 and is intended to be used forthwith by the applicants in respect of Coffee, in Class 42.

Facsimile of the Trade Mark can be seen at the Offices of the Registrar of Trade Marks, Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

H. & Y. TRADING COMPANY, No. 31, (1st floor), Des Vœux Road

Central, Hong Kong,

Applicants.

(FILE No. 331 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks

OTICE is hereby given that The Arcade File Works of 3314 Lynn Street, City of Anderson, State of Indiana, United States of America have on the 14th day of May applied for registration in Hong Kong of the accompany- ing Trade Marks :--

ARCADE

TRABI

(2)

THE ARCADE HILEWORKS.,

FLASHLIGHT

BATTERY":

TAK ON WO BATTERY CO

MADE IN HONG KONG

in the name of the said Tak On Wo Battery Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8, in respect of Electric Flashlight Batteries.

　　　　The applicants disclaim the right to the exclusive use of the figures "530".

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of November, 1932.

A. E. HALL & COMPANY, Solicitors for the Applicants, Pedder Building,

WORKS,

ANDERSON, IND, USA.

in the name of the said Arcade File Works who claim to be the proprietors thereof.

The above Trade Marks have already been used by the applicants in respect of Files and Rasps in Class 23.

The two marks are to be associated with each other and the applicants disclaim the right to the exclusive use of the re presentation of a file and a box.

Mark No. 2 is limited to the colours shown thereon. Facsimiles of the mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated this 21st day of October, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central,

1736

(FILE No. 348 of 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of

Six Trade Marks.

NOTICE is hereby given that Foova Knit-

ting Factory, of No. 17, First Floor, Des Voeux Road West, Hong Kong, and Mong-Har, Macao, Knitting Manufacturers, have, on the 16th day of September, 1932, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

NOTICE

(FILE No. 314 OF 1930)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

and 18, Queen's Road Central, now of No. 5 Queen's Road Central, TOTICE is hereby given that Griffith and Company formerly of Nos. 16

Victoria, in the Colony of Hongkong, Merchants, have, on the 19th day of September 1930, applied for the registration in Hongkong in the Register of Trade Marks of the following Trade Marks :-

(1)

OCTAGON

華

JOH

牌

FOOVA

(3)

/FACTY

KNITTO

ELECTRIC FAN

(5)

TWO FROGS

蛤製

GRIFFITH A CO

TIL

(4)

《行洋昌時

BANANA

(6)

EAR-RINGS

3 JOSS STICKS

枝

(4)

行洋昌

943

(3)

GRIFFITH & CO

(2)

行洋昌時

GRIFFITH & CO

(5)

(行泽昌时

claim to be the proprietors thereof.

GRIFFITH & CO

GRIFFITH & CO.

in the name of Griffith and Company who claim to be the proprietors thereof.

The above-mentioned Trade Marks have been used by the Applicants in the name of Foova Knitting Factory, who and their predecessors in business, Messrs. T. E. Griffith Limited, as regards No. 1, since the year 1921, as regards Nos. 2 and 3, since the year 1922 and as regards Nos. 4 and 5, since the year 1923, and as regards Nos. 1, 2, 3 and in class 24, in respect of Cotton piece goods of all kinds and as regards Nos. 1, 2, 3, 4 and 5 in class 34 in respect of Cloths and stuffs of wool, worst- ed or hair.

Trade Mark No. 1 has been used by the applicants, in respect of Singlets in class 38 since March, 1932. Trade Mark No. 2 to No.4,

6 are intended to be used forthwith by the applicants in respect of Singlets, hosiery and underwears in class 38.

Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of October, 1932.

FOOVA KNITTING FACTORY, No. 17, Des Voeux Road West,

(First Floor), Hong Kong,

Applicants.

Facsimiles of such Trade Marks can be inspected at the offices of the Registrar of Tradee Marks of Hong Kong and of the undersigned.

Dated the 21st day of October, 1932.

LYSON HALL, Solicitors for the Applicants, 6, Queen's Road Central, Hong Kong.

(FILE No. 335 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Mitsubishi

Shoji Kaisha Limited of Japan and

of No. 14, Pedder Street, Victoria, Hong Kong, have, by an application dated the 8th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

BUL-BUL

BRAND

1737

(FILE No. 309 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Lo Luk Kan (R) trading as "Tso Pi

Kun" (Z) of No. 143, Queen's Road Central, (1st Floor), Victoria, in the Colony Hong Kong, has on the 25th. day of August, 1932, applied for registration in Hong Kong, in the register of Trade Marks, of the following Trade Mark, namely :-

相根筆左

(FILE NO. 340 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that 2 in 1-Shinola- Bixby Corporation, a corporation organised and existing under the laws of New

Jersey, United State of America, located at 88 Lexington Avenue, City of New York, United

States of America, have on the 7th day of July, Kong, in the Register of Trade Marks of the 1932, applied for the registration in Hong following Trade Marks :-

(1)

SHINOLA

in the name of the said Mitsubishi Shoji Kaisba Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Wheat Flour in Class 42.

Dated the 16th day of September, 1932.

GEO. K. HALL BRUTTON & CO.

Solicitors for the Applicants,

St. George's Building, Hong Kong.

(FILE No. 298 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark,

OTICE is hereby given that Yick Wah

PIX

ź梘華益

in the name of Yick Wah Hong, who claim to

be the proprietors thereof.

　　　　The Trade Mark has been used by the ap- plicants in respect of Soap Flake in Class No. 47 since February, 1932.

　　　　Facsimiles of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks Hong Kong and also of the undersigned. The applicants disclaim the right to the exclusive use of the Chinese characters

(益華視片)

Dated the 16th day of September, 1932.

YICK WAH HONG,

No. 23, 1st flr., Wing Wo Street, Hong Kong, Applicants.

in the name of the said Lo Luk Kan trading as "Tso Pi Kun," who claims to be the sole pro- prietor thereof.

The Trade Mark is intended to be used by the Applicant in Class 3 in respect of Chemcial Substances prepared for use in Medicine and Pharmacy.

The Applicant disclaims the right to the exclusive use of the Chinese characters

左筆根"

Facsimiles of such Trade Mark can be seen

at the Offices of the Registrar of Frade Marks and of the undersigned.

Dated the 16th day of September, 1932.

A. E. HALL & CO., Solicitors for the Applicant,

Pedder Building, Hong Kong.

(FILE No. 297 of 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of a Trade Mark.

NOTICE is hereby given that Au Yeung Mow Lung of No. 158, Hollywood Road, Hong Kong, has by application dated the 16th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

牌喜

BHG

油髮生隆戊陽歐

in the name of Au Yeung Mow Lung, who claim to be the proprietors thereof.

The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Hair Oil in Class 48.

Facsimiles of the Trade Mark are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 16th day of September, 1932.

AU YEUNG MOW LUNG,

No. 158, Hollywood Road, Hong Kong, Applicants.

(2)

SHINOLA

in the name of 2 in 1-Shinola-Bixby Corporation, who claim to be the sole proprietors thereof.

The Trade Mark have been used by the Ap- plicants in respect of Cleaning, polishing and renovating preparations adapted for use on footwear of leather, rubber or fabric; leather goods; harness; clothing; floors; woodwork; furniture; linoleum; automobiles, and the like; cleaners for white footwear and fabrics; polishes of all kinds in Class 50,

The Applicants disclaim the right to the exclusive use of the representation of a Tin appearing in the Trade Mark No. 1.

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 16th day of September, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Vœux Road Central,

Hong Kong.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance), Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,.. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.00 for 1st $0.20 ƒ insertion.

5 cents.

Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's issue.

1740

LEGISLATIVE COUNCIL.

Draft Bills.

No. S 467.-The following bills are published for general information :-

C.S.O.

[No. 16-21.11.32.-10.]

A BILL

Short title.

Inter- pretation.

Nuisances committed in public places, etc.

INTITULED

An Ordinance to amend and consolidate the law relating to

Summary Offences.

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 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- ays, 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.

3. Every person shall be liable to a fine not exceeding two hundred and fifty dollars who without lawful authority

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 drain or 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

1741

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 for the supplying with water of ships resorting thereto;

(2) obey's 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;

(5) 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:

(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;

ין

1742

(12) in, near or adjoining any public place wantonly or unnecessarily blows any horn, beats 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 musica! 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;

(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;

1713

(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 His Majesty signified in writing by the Governor or other person duly authorised in that behalf;

(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 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- 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;

(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;.

Offences by carriers of night-soil and pigwash.

་

Dressing stone.

Street cries for buying or selling.

Other offences against

good order.

Other nuisances in the nature of trespass or damage.

(cf. secs. 23-28 of No. 5 of 1865.)

1744

(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.

5. Every person shall be liable to a fine not exceeding 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.

6. Every person shall be liable to a fine not 'exceeding twenty-five dollars who uses or utters cries for the purpose 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 1 regulation of the Governor in Council from so doing.

7. Every person shall be liable to a fine not exceeding 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.

8. Every person shall be liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any terni 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);

1745

(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.

Ord. No. 6

of 1865.

land without

9.-(1) No person shall, except under and in accordance Occupying with a current licence or permit from the Director of etc. Crown Public Works or from a District Officer, occupy or continue a licence. 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 t' 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.

of ship

10. (1) Every person who alters in any way the Alteration construction of any ship or of any part thereof or any with a fittings therein, with a view to the unlawful possession, storage view to

smuggling, or conveyance of arms, ammunition, opium, dangerous drugs smu 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.

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 (cf. s. 17 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.

No. 4 of

Shouts while

playing

Chai-Mui.

Making noise at

night calculated

to disturb

public

1746

12.-(1) No person shall utter any shouts or cries or make other noises while playing the game known as "Chai- Mui" within the hours prescribed for any district or place by 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.

13.-1) No person shall, between sunset and 6 a.m., make or cause or permit to be made or caused any noise whatsoever calculated to disturb or interfere with the public tranquillity or calculated to disturb or annoy any person: tranquillity. Provided always that in the case of funerals and marriages 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.

Watchman

or servant

making noise by direction of pro- prietor of dwelling- house, etc.

Liability of proprietor

house.

Destruction

of rabid

dogs and animals.

(2) Every person who contravenes any of the provisions of this section shall be liable to a fine not exceeding one hundred dollars.

(3) If it appears to the magistrate that the person so offending acted as watchman or servant of the proprietor or occupier of any dwelling-house, warehouse, or other out- house, office or premises, or of the inhabitant or person in charge thereof, or by or with the direction, knowledge, sanction, sufferance or permission of such proprietor or 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 proprictor 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.

(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

}

1747

(2) The owner of any such dog or animal who permits the same to go at large, after having information or reasonabic 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.

dwelling-

15. Every person who without lawful authority or excuse Firing near discharges any

cannon or firearm within two hundred house or yards of any dwelling house or any motor road to the road. 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.

relating to

16. Every person shall be liable to a fine not exceeding Offences 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- 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.

vessels,

seamen and merchandise.

17. Every person who without lawful authority or Removing excuse removes or carries away any stone or stake driven land-mark. 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.

Possession of offensive

weapon, etc., with intent.

Behaving

riotously

breach of

peace.

1748

18. Every person who has in his possession any spear, bludgeon or other offensive weapon, or any crowbar, pick- lock, skeleton-key or other instrument fit for unlawful 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.

19. Every person who behaves in a riotous, noisy or or provoking disorderly manner, or uses any profane or indecent language or any threatening, abusive or insulting words or behaviour, with intent to provoke a breach of the peace or whereby a breach 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.

Improper possession of arms or clothing or

20. Every person, not being an officer of police, who:-

(1) has in his possession any article being part of the assumption clothing, accoutrements or appointments supplied to any officer of police and is not able satisfactorily to account for his possession thereof; or

of character, of police officer.

Suspected

persons and loiterers.

5 Geo. 4, c. 83, s. 4.

34 & 35 Vict. c. 112, s. 15.

c. 69, s. 7.

(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.

21. 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) is found between sunset and 6 a.in. loitering in any highway, yard or other place, and who cannot give a satis- factory account of himself;

;

(2) is found at any time in or upon any dwelling-house, warehouse, stable, garage, outhouse, private enclosure or garden for any unlawful purpose; or

(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 adjacent to 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.

1749

apprehend

22. Every person found committing any offence punish- Fower to able under this Ordinance may be apprehended by the end in certain owner of the property on or with respect to which the offence cases. 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 officer of police to be dealt with according to law.

ness,

23.-(1) Every person shall be liable to a fine not exceed Drunken- 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.

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.

Liability of 25. Where any offence under paragraphs (1), (3), (13) occupier in or (14) of section 3 is committed at, on or from any pre- the casin mises, the person in actual occupation of such premises offences. 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.

Removal of filth,etc.,

and recovery of expenses.

Summary proceedings.

Saving of liability of offender to indictment or action.

Acts done by lawful authority.

Recovery of penalties.

Regulations.

1750

26.-(1) It shall be lawful for the Inspector General of Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter 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 be had on the information of any complainant.

28. Nothing in this Ordinance shall be construed to prevent any person from being indicted or from being proceeded against by indictment or information for any offence made 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 be punished twice for the same offence, and provided that no compensation has been awarded for such hurt or damage.

29. Nothing in this Ordinance shall operate to the restraint or punishment of any act or thing done under or 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- ance or of any Regulation made thereunder shall be punishable 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.

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.

1751

32. The Summary Offences Ordinance, 1845, the Sum- Repeal of mary Offences Amendment Ordinance, 1924, the Summary Ordinan Offences Amendment Ordinance, 1927, the Summary Offences 1845, No. 10 Amendment Ordinance, 1930, and the Summary Offences 21 of Amendment Ordinance, 1931, and sections 19, 20, 21, 22, 23 1927, No. 22

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of 1930, and 24 of the Malicious Damage Ordinance, 1865, are No. 15 of repealed.

No.

1931, and certain sections of No. 6 of 1865.

33. This Ordinance shall come into force on the first day Commence- of January, 1933.

Objects and Reasons.

1. This Ordinance consolidates and amends the law relating to Summary Offences in the manner indicated in the Table of Correspondence. In particular the following amendments are outstanding.

2. Section 4 is new and is based on the provisions of the Scavenging and Conservancy by-laws (Ordinances of Hong Kong, Vol. III p. 1602-5) that govern the conveyance etc, of pig-wash and night-soil. There has always been difficulty in enforcing those by-laws because the police have had no power to arrest offenders. This difficulty will now disappear.

3. Section 8 is a combination of sections 8, (1) and 21 of No. 1 of 1845, and also includes the main provisions of sections 19, 20, 21, 22, 23 and 24 of the Malicious Damage Ordinance, 1865, (which are repealed by section 32) in respect of damage to trees, etc. The overlapping of the provisions of the two Ordinances is thus got rid of.

4. Section 21 has been amplified by the inclusion therein of the provisions of the Vagrancy Act, 1824 (5 Geo. 4, c. 83, s. 4) dealing with loiterers and suspected persons, and of section 127 of the Magistrates' Ordinance, 1890.

5. Section 23 has been transferred from the Magistrates' Ordinance, 1890, in which it was section 93. The various forms of drunkenness dealt with would appear to be essentially 'drunk offences. The maximum fine under s.s. (1)---- summary offences. in public place or licensed premises"--has been raised from $10 to $25, and that under S.S. (2) "drunk and disorderly and under s.s. (3)-"drunk when in charge of a vehicle etc., (other than a motor vehicle)"-has been raised in each case from $25 to $100. The Magistrates consider the lower penalties insufficient.

6. Sections 28, 29 and 31 of No. 1 of 1845 have been transferred to the new Police Force Ordinance and sections 37, 38. 39, 40, 41, 43 and 45 to the new Magistrates Ordinance, to which respectively their provisions are more appropriate.

7. In section 25, replacing the old section 44, the reference to section 13 is omitted, that section having been combined with others in the new section 13 as indicated in. the Table of Correspondence. But the liability imposed by section 25 (old 44) on occupiers for offences against section 5 (1) has been extended to offences against section 3 (3), (13) and (14).

November, 1932.

C. G. ALABASTER,

Attorney General

ment.

1752

TABLE OF CORRESPONDENCE

Section of

No. 1 of 1845. New Ordinance.

3 (1)

Remarks.

New Ordinance-does not merely

amend but consolidates.

(d) "Waterways" added.

Opening words amended to show that essence of offences in nature of nuisances is absence of "law- ful authority or excuse.

Passers- for 'passengers' and "vehicle" for "cart or carriage" passim.

by"

(1) at end-the words "to the annoyance of inhabitants or pas- sengers" are omitted on account of the difficulty of proving such

annoyance.

(2) redrafted to include provisions.

of s. 8. (4) and simplified.

3 (2)

3 (3)(4)(5)(6)

3 (3)(4)(5)(6) | (5) "the rain-'

8 (7)

3 (7)

3 (8)

omitted.

(7) redrafted to conform with the wording of No. 27 of the Traffic Regulations.

(8) omits reference to driving which is included in (7), and replaces "cart carriage sledge" by "vehicle", and "footway" by "footpath"; "large" twice inserted before "animal"; "allows to wander" for "turns loose"; or propels" added after "draws".

3 (9)

3 (10) & (22)

3 (9)

3 (10)

3 (11)(12)(13) 3 (11) (12) (13)

3 (13A)(13B) (13C)(13D) (13D)

3 (14)(15)

(16)(17)(18)

(10) Includes old (22) which comes more appropriately here; "belong- ing to him" omitted.

Added by Ordinance 22 of 1930. 'public place' substituted for re- ference to public street or road in (16) & (17). See definition in sec- tion 2

3 (14)

3 (19)

3 (15) & (16)

3 (20)

Combined.

3 (17)

3 (21)

3 (18)

3 (22)

3 (19) & (20) 3 (23) & (24)

Amended to allow boys under 16 to bathe unclothed and by the omission of "lewdly and".

"Glass blower" included.

Section of

1753

Table of Correspondence, Continued.

Section of

No. 1 of 1845. New Ordinance.[

Remarks.

3 (25)(26) &

(27)

3 (28)

These were paras. (2) (3) and (5) of Section 8 of the old Ordinance redrafted but are now more appro- priately made part of Section 3- "or from a D.O." added at the end of (27). "public place" for "public road, path or walk" in (25).

8 (21)

'9 (22)

3 (10)

8 (1) & 21

v. supra.

A new section based on the Con- servancy by-laws governing the conveyance etc. of night soil and pigwash and made necessary because the police have at present no power to deal with offenders against such by-laws.

No regulation of the G. in C. establishing "noisy" areas exists, but hawkers licensed under the Licensing Ordinance 1887 are prohibited from crying their wares etc. in certain areas.

(6)

Hence the amendment at the end.

"or causes unnecessary suffering to" added, mere neglect not being enough to constitute "wanton and cruel il usage".

A new section covering every form of damage to trees, etc., and fences, etc., and making Sections 19, 20, 21, 22, 23 and 24 of the Malicious Damage Ordinance 1865 (which are repealed below, V. Section 32) unnecessary.

See paras (25) (26) (2) and (27)

respectively of Section 3.

As amended by Ordinance No. 10 of 1924. "Current" for "which has not been withdrawn or cancelled and which has not terminated in and other way" "or from a Dis- trict Officer" added in s.s. (1).

Not needed-provisions included in

the Vagrancy Ordinance, 1932.

As enacted by Ordinance No. 10 of

1924.

Amended to include soliciting in a place of public resort-"any im- moral purpose" for "the purpose of prostitution"-"or behaves in- decently" added. Penalty increas- ed on account of the increase of "street-walking".

8 (2) (3)

(4) & (5)

[3]

11 A (1)

1754

Table of Correspondence,-Continued.

Section of

No. 1 of 1845. New Ordinance.

11 A (2)

13, 14, 15

Remarks.

13 (1) (2) (3) (4) and (5)

Omitted as unneeded.

Power of arrest is given by the

Police Ordinance.

"Brothel" and "mistress' omitted

from s.s. (2).

S. 13 as amended by Ordinance 22 of 1930. Provisions of the three Sections of 1 of 1845 combimed, as all deal with one and the same nuisance i.e. night noises. s.s. (2) simplified.

Redrafted, previous wording ob- scure and clumsy-"motor road" added-200 instead of 300 yards as in s. 5. of No. 15 of 1922.

As amended by Ordinance 22 of 1930. Opening clause redrafted. References to Colony, harbour and waters omitted.

"Without lawful authority

excuse' added. Penalty increased.

See new Section 7 above.

As amended by Ordinance 22 of

1930.

28 & 29

30 A

32, 33

34, 35

"Officer of police" for "police con-

stable".

As amended by Ordinance 22 of

1930-now further amended include provisions of the Vagrancy Act, 1824, dealing with suspected persons, etc. v. Section 127 of Magistrates Ordinance, 1890.

Simplified.

Transferred from Magistrates' Ordin- ance, 1890, (S. 93). Penalty in paras. (2) and (3) increased to $100.

Transferred to new Police Force

Ordinance.

Omitted.

Provisions to be included new Sanitation and Buildings Ordinances.

Omitted. To be included in new

Police Force Ordinance.

Omitted.

Power of arrest and procedure on arrest are already laid down in Police Force Amend- ment Ordinance 1931.

1:4

1755

Table of Correspondence,-Continued.

Section of

No. 1 of 1845. New Ordinance.

37, 38, 39 40 & 41

8888

Remarks.

"Shall be deemed guilty of a mis- demeanour" omitted, together with heading.

Omitted to be included in new

Magistrates Ordinance.

Omitted-provisions to be combined. in new Magistrates Ordinance with those of Section 90 of Magistrates Ordinance 1890.

Omitted-to be included in new

Magistrates Ordinance.

"or under section 13" omitted, "at'

inserted after "committed". Ex- tension to 3 (3), (13) and (14) s

new.

Omitted to be included in new

Magistrates Ordininces

S.S. (2) redrafted.

"But" for yet so as that".

Omitted-power of constable

require immediate amends deemed undesirable. Power to order com- pensation is given by the Magis- trates Ordinance, 1890, s. 88.

"Saving" section should come late.

Amended to make clear that all offences are summarily triable. Method of recovering penalties is laid down in Section 57 of the Magistrates Ordinance 1890.

Repealing the Summary Offences Ordinance 1845 and all its amend- ing Ordinances passed since 1923 and also those sections of the Malicious Damage Ordinance 1865 the provisions of which now appear herein-new Section 8

Commencement on 1st January, 1933, when it is hoped also to bring the new Magistrates and Police Force Ordinances into force.

C.S.O. 3596/22.

1756

[No. 48-14.11.32.-1.

Short title.

Registrar of Patents.

Application

for registra Hong Kong

tion in

of patent granted in the United Kingdom.

Application to be accompanied by certain documents.

Issuc of certificate of registra- tion.

Nature

of rights conferred by

A BILL

INTITULED

An Ordinance to consolidate and amend the law relating to the

Registration of United Kingdom Patents.

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 assignment, 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- 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

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- registration. lished by the law of Hong Kong, as though the patent had been issued in the United Kingdom with an extension to Hong Kong.

Period of

7. The privileges and rights so granted shall date from rights con- ferred by

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 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.

}

1757

declare

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 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.

tion or

9. Whenever the specification or drawings of a United Amendment Kingdom patent registered in Hong Kong has or have been of specifica- amended by way of disclaimer, correction or explanation, ac- drawings. 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.

prescribing

11. (1) The Registrar may make such Rules and do such Power to things as he may think expedient, subject to the provisions of make rules this Ordinance, for prescribing the procedure under this Ordi- procedure nance and the fees to be paid in respect of proceedings under and fees. 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).

12. (1) The Registration of United Kingdom Patents Repeal of Ordinance, 1925, the Registration of United Kingdom Patents Ordinances Amendment Ordinance, 1928, and the Registration of United 1925. No. 10 Kingdom Patents Amendment Ordinance, 1932, are repealed. 1928, a

of and

1932.

as to

1925.

(2) Notwithstanding the repeal of the Patents Ordinance. Saving 1892, by section 13 of the Registration of United Kingdom rdinance 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- nance had not been repealed: Provided that user and pub-

1758

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.

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

On application to change the name of a proprietor of a single patent where there has been no alteration in the proprietor- ship

$5.00

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

า

1759

Objects and Reasons.

1. The Registration of United Kingdom Patents Ordi- nances of the Colony were introduced on the instructions of the Secretary of State in order to carry out the recommend. ations of the British Empire Patent Conference, 1922, and the Imperial Economic Conference, 1923.

2. They have been adapted with slight alterations from a draft model Ordinance prepared by the Board of Trade. Defects in the model have been pointed out by the Secretary of State from time to time and the principal Ordinance has been amended accordingly, the latest amendment having been effected by Ordinance No. 18 of 1932, which was passed to comply with the Secretary of State's "Circular (2)" despatch of the 27th February, 1932.

3. A more recent Colonial Office circular despatch dated the 5th September, 1932, points out a further defect which has been discovered in the model, and which necessitates the substitution of the words "date of the patent" for the words "date of the issue of the patent" in two places in sub-section (2) of section 8 of Ordinance No. 13 of 1925, as enacted by section 2 of Ordinance No. 18 of 1932.

4. As the principal Ordinance of 1925 is a short Ordi- nance which has been amended by Ordinances No. 10 of 1928, No. 38 of 1931, and No. 18 of 1932, and as the Rules made under it in 1926 were amended twice in 1931, it has been con- sidered desirable to repeal them all and to re-enact them, with the alteration directed by the Colonial Office despatch of the 5th September, 1932, in this new Ordinance.

November, 1932.

C. G. ALABASTER,

Attorney General..

Section of New Ordinance.

1760

TABLE OF CORRESPONDENCE.

Section of

Ordinance

No. 13 of 1925.

10.

11 (1).

11.

11 (2).

12 (1).

12 (2).

Schedule.

Remarks.

Short title.

"Under the Patents Ordinance, 1892"

omitted.

As enacted by Ordinance No. 10 of 1928. "or if the patent was issued prior to the 1st day of January, 1926, then within five years from the 31st day of December, 1925," omitted.

As enacted by Ordinance No 18 of 1932.

'date of the patent" substituted twice for "date of the issue of the patent" to comply with Colonial Office circular despatch of 5th September, 1932.

New.

Repeals.

This sub-section is based on sections 12 and 13 of Ordinance No. 13 of 1925 and section 3 of Ordinance No. 10 of 1928.

The Schedule contains the existing rules notified by G.N. 56 of 1926, as amend- ed by G.N. 559 of 1931 and G.N. 801 of 1931, except that the last six fees in rule 4 are new, no provision having been made hitherto for such cases; but they are analogous to the fees charged in connection with trade marks.

370

1761

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 468.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April,

1926.

Hawaiian Is- lands

Bangkok.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

29th October, 1926.

No. S. 301.

Federated Malay States.

All ports in the

United States of America,

Hong Kong declared an infected port on account of

cholera.

Do.

1st July, 1932.

18th July, 1932.

No. S. 258.

No. S. 270.

including the

Hawaiian Is-

lands.

Bangkok.

Do.

20th August, 1932.

No. S. 302.

25th November, 1932.

W. T. SOUTHORN,

Colonial Secretary.

HARBOUR DEPARTMENT.

　　No. S. 469.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tender for two Refuse Junks", and accompanied by the necessary plans and specification, will be received at the Colonial Secretary's Office until Noon on Friday, the 9th day of December, 1932, for the construction of two wooden Refuse Junks for the Sanitary Department.

　　The tender to include full equipment fit and ready for use, and to state the time in which the vessels will be completed.

The Government does not bind itself to accept the lowest or any tender.

A rough draft specification, and further particulars may be obtained from the Government Marine Surveyor, to whose entire satisfaction the vessels are to be built.

G. F. HOLE,

Harbour Master, &c.

25th November, 1932.

1762

HARBOUR DEPARTMENT.

No. S. 470.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to S/L "H. D. 3", will be received at. the Colonial Secretary's Office until Noon of Friday, the 2nd day of December, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repair; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 for each and every subsequent day until and including the date of due completion of the work.

G. F. HOLE,

}

25th November, 1932.

Harbour Master, &c

HARBOUR Department.

No. S. 471.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for repairs to S.T. S.D. 3'", will be received at the Colonial Secretary's Office until Noon of Friday, the 2nd day of December, 1932.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

25th November, 1932.

G. F. HOLE,

Harbour Master, &c.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 472.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the Purchase of Unserviceable Stores, K.C.R.", will be- received at the Colonial Secretary's Office until Noon on Thursday, December 8th, 1932.

Tenders will be accepted for either the whole or any lots of the list of articles, full particulars of which may be obtained on application at the Head Offices, Kowloon-Canton Railway at Kowloon.

The Government does not bind itself to accept the highest or any tender.

ROBERT BAKER, Manager & Chief Engineer..

25th November, 1932.

1763

SANITARY DEPARTMENT.

　　　No. S. 473.-With reference to Government Notification No. S. 330 of 9th September, 1932, it is hereby notified that the successful tenderer having withdrawn, fresh sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, City of Victoria", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 13th day of December, 1932, for the removal of excretal matters from the City of Victoria, the Hill District, Wong Nei Chung, Tai Hang, Tung Lo Wan, Whitfield, and Shaukiwan Road from the City boundary to the Joint Cable Houses, and the management of free public latrines in the aforementioned places for a period of 5 years, commencing from the 1st February, 1932.

Tenderers must produce a receipt that they have deposited in the Colonial Treasury the sum of $1,000 as a pledge of the bona fides of their tender, which sum shall be for- feited to the Crown, if any tenderer fails or refuses to carry out his tender, should the same have been accepted.

The successful tenderer will be required to sign a formal contract containing condi- tions to be prescribed by the Board and to give security by depositing, within 7 days of acceptance of his tender, the sum of $10,000 in the Colonial Treasury; failing compliance with these requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

Particulars and conditions of contract may be obtained at the Office of the Secretary to the Sanitary Board.

The Government does not bind itself to accept the highest or any tender.

25th November, 1932.

G. R. SAYER, Head of the Sanitary Department.

SANITARY DEPARTMENT.

No. S. 474.-With reference to Government Notification No. S. 331 of 9th September, 1932, it is hereby notified that the successful tenderer having withdrawn, fresh sealed tenders in triplicate, which should be clearly marked "Tender for the Conservancy Contract, Kowloon", will be received at the Colonial Secretary's Office until noon of Tuesday, the 13th day of December, 1932, for the removal of excretal matters from the Districts of Tsim Sha Tsui, Hunghom, Yaumati, Taikoktsui, Fuk Tsun Heung, Matauwai, Matauchung, Mataukok, To Kwa Wan, Shek Shan, Shan Shan, Hok Un, Mongkoktsui, Mongkok, and the new Reclamations of Sham Shui Po and Kowloon City, and any extension of those Reclamations, and the management of free public latrines in the aforementioned places for a period of 5 years, commencing from the 1st February, 1933.

The successful tenderer will be required to sign a formal contract containing con- ditions to be prescribed by the Board and to give security by depositing, within 7 days of acceptance of his tender, the sum of $6,000 in the Colonial Treasury; failing compliance with these requirements the sum deposited with the tender will be forfeited.

For form of tender apply at the Colonial Secretary's Office.

　　Particulars and conditions of contract may be obtained at the Office of the Secretary to the Sanitary Board.

The Government does not bind itself to accept the heighest or any tender.

G. R. SAYER,

Head of the Sanitary Department.

25th November, 1932.

1764

DISTRICT OFFICE, SOUTH.

No. S. 475.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South. Hong Kong, at 11 a.m., on Friday, the 9th day of December, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Annual

Upset

Crown

Price.

Rent.

Tsun Wan Demarcation District

No. 451,

Lot No. 1203.

Extension.

25th November, 1932.

Lo Wai.

37,461

.90

Subject to readjustment as

provided by the Conditions of Sale.

B. C. K. HAWKINS,

District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

　　No. S. 476.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 12th day of December, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Rent.

Upset

Price

feet.

feet. feet.

feet.

明

About

Rural Building

Lot No. 369.

Wong Nei Chung Gap Repulse Bay

Road.

As per sale plan.

30,600 352

6,120

The Purchaser of the Lot will also have to pay the sum of $40 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

25th November, 1932.

R. M. HENDERSON,

Director of Public Works.

cine.

ין

No. S. 477.

1765

NOTICE TO MARINERS.

No. 88 of 1932.

pier.

Torpedo ranging will shortly be commenced on the Lai-Chi-Kok Torpedo Range.

During each run a red flag will be hoisted on the target and also on the end of the

The target is now in position and is distinguished at night by one white light.

Until further notice vessels are warned against attempting to pass between Lai-Chi- Kok Torpedo Range and Chung Hue Rock whilst these red flags are displayed.

The attention of all junks and other small craft is especially drawn to this notice.

Hong Kong, 22nd November, 1932.

G. F. HOLE,

Harbour Master, &c.

SANITARY DEPARTMENT.

No. S. 445.- In accordance with section 168 of the Public Health and Buildings Ordinance,1903, Ordinance No. 1 of 1903, it is hereby notified that the Government proposes to erect a Public Latrine at the junction of Centre Street and Second Street on the site of the Old Sai Ying Pun Market.

If any owner or occupier in the immediate vicinity of such site objects to such erection, such objection must be sent in writing to the Colonial Secretary so as to reach

25th day of November, 1932.

his office not later than Friday, the

4th November, 1932.

G. R. SAYER,

Head of the

Sanitary Department.

五千

呈布政使可也此佈

五號禮拜五日以前繕禀遞

千九百三十二年十月廿

不願該厠所建築者須於一有附近該處之業主或屋客市之地址建築公厕一所如街交界之處卽西營盤舊街悉現政府欲在正街與第二六十八節佈告居民人等知生及建造屋宇則例第一百三年第一條則例卽保衛民佈告事茲按照一千九百零清淨局總辦佘

一千九百三十二年

十壹月四日

篇

憲示第四百四十五號

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 1 of 1926.

Notices of Dividend Declared.

Re Liu Man Po, of No 20, Nam King

Street, (first floor), Yaumati.

THIRD dividend of $3.50 per cent has

been declared in the above-matter.

OTICE is hereby given that the above- mentioned dividend may be received at the official Receiver's Office, Victoria, aforesaid on the 30th day of November, 1932, between the hours of 10 a.m. and 4 pm. and on any subsequent day during the office hours.

Creditors applying for payment must pro- duce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

No. 11 of 1931

Re Tai Yuen Shing. of No. 80, Con

naught Road West, Victoria, in the Colony of Hong Kong, Timber Merchants.

FIRST and final dividend of $18.50 per cent has been declared in the above-

matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, afore- said, on the 1st day of December 1912, between the hours of 10 a.m. and 4 p.m. and on any subsequent day during office hours.

　　　　　　Creditors applying for payment must produce any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 24th day of November, 1932.

E. L. AGASSIZ,

Official Receivei

IN THE SUPREME COURT of HONG KONG.

COMPANIES (WINDING-UP)

No. 1 of 1932.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of the Man Ree Hing

Company, Limited.

Notice of Intended Dividend.

OTICE is hereby given that it is intended

to declare a First and Final Dividend in the above-matter, and creditors, WHO HAVE NOT ALREADY DONE so, are required on or before the THIRTIETH DAY OF JANUARY, 1933, to end their names and addresses and particulars of their debts or claims and the names and addresses of their Solicitors, if any, to the UNDERSIGNED, the Liquidator of the said Company, and are also required by their Solicitors or personally to come in and prove their said debts or claims at the Office of the Official Receiver, Supreme Count on any Week Day (Except Saturday), between the hours of 10 am. and 4 p.m. or in default thereof they will be excluded from the benefit of any distribution made before such debts are proved.

Dated the 25th day of November, 1932.

E. L. AGASSIZ, Official Receiver and Liquidator.

1770

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 41 of 1913.

Notices of Intended Dividend.

Re Li Pak alias Li Ki Tong alias Li Tsung Pak, of Victoria, in the Colony of Hong Kong.

SECOND and final dividend is intended

to be declared in this matter.

Creditors who have not proved their debts by the 21th day of December, 1932, will be excluded.

No. 20 of 1931.

Re Hsu Sun Pak, of No. 2 Stafford Road, Kowloon Tong, and carrying on business as the Wai Lum firm, at No. 334, Des Voeux Road West, Victoria, Hong Kong.

FIRST and Final dividend is intended to

be declared in this matter.

Creditors who have not proved their debts by the 24th day of December, 1932, will be excluded.

Dated the 24th day of November, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Public Eramination.

No. 31 of 1932.

Re Augusto Maximo dos Passos Victal, of No. 336, Ma Tau Wei Road, Kowloon City, Accountant.

OTICE is hereby given that the Public Examination of the debtor Augusto Maximo dos Passos Victal, will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Saturday, the 10th day of December, 1932, at 10 a.m.

No. 32 of 1932.

Re Lam Hon Pok, of No. 5, Austin

Road, (first floor), Yaumati, Clerk.

OTICE is hereby given that the Public

N Examination of the debtor Lam Hon l'ok

will be held at Supreme Court, Victoria, in the Colony of long Kong, on Saturday, the 10th day of December, 1932, at 10 a.m.

No. 35 of 1932.

Re Joseph Mathias Pinna, residing at No. 179, Fa Yuen Street, Kowloon, in the Colony of Hong Koug.

OTICE is hereby given that the Public

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiviny Order and First

General Meeting of Creditors.

No. 35 of 1932.

Re Joseph Mathias Pinna residing at No 179, Fa Yuen Street, Kowloon, in the Colony of Hong Kong, Clerk.

Petition dated the 17th day of November, 1932.

Receiving Order dated the 18th day of November, 1932.

NOTICE is hereby given that Thursday.

the 1st day of December, 1932, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 24th day of November, 1932.

E. L. AGASSIZ,

Official Receiver,

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the ma'ter of the Estate of E. P. Whelan late of the Seamen's In- stitute, Victoria, in the Colony of Hong Kong, 2nd Engineer, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58, of The Pro- bates Ordinance 1897, (No. 2 of 1897), made an Order limiting the time for sending in claims to or against the above estate to the 19th day of December, 1932.

Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 22nd day of November, 1932. T. M. HAZLERIGG,

Ocial Administrator

NOTICE.

OTICE is hereby given that I have to-day retired from the partnership of the Kung Hing Firm of No. 23, Tsz Mi Str et, and. shall not hereafter he responsible for any debts contracted by the said firm.

Dated the 18th day of November, 1932.

Examination of the debtor Joseph B

Mathias Pinna, will be held at the Supreme Court, Victoria, in the Colony of Hong kong, on Saturday, the 10th day of December, 1932, at 10 a.m.

Dated the 25th day of November, 1932.

E. L. AGASSIZ,

Official Receiver

堂餘三名叉瑞

ORDINANCES FOR 1931.

BOUND

OUND volumes of Ordinances of Hong Kong, including Pro- c'amations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5. Duddell Street

{

(FILE No. 432 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks,

NOTICE is hereby given that Messrs. Pen-

　　　　　　　treath and Company, of Alexandra Buildings, Victoria, in the Colony of Hong Kong, Merchants, have, on the 21st day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

1771

(FILE No. 383 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Tai Hing

Vacuum Bottle Factory, of No. 27, Leighton Hill Road of Victoria, Hong Kong, have on the 11th day of October, 1932, applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark, viz:-

(FILE No. 405 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

OTICE is hereby given that we the Kwong Sang Hong Limited, of Nos. 250 to 252, Des Voeux Road, Central, Hong Kong, have, on the Third day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

in the name of Messrs. Pentreath and Com- pany, who claim to be the sole proprietors thereof.

　　　　　The above Trade Marks are intended to be used by the Applicants in respect of Tapioca in Class No.42.

　　　　　Facsimiles of the above Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, or of the undersigned.

Dated the 25th day of November, 1932.

TS'O & HODGSON, Sclicitors for the Applicants, King's Threatra Building,

Hong Kong.

(FILE No. 422 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tai Chi Shi

(ZA) trading under the

in the name of the The Tai Hing Vacuum Bottle Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 13 in respect of metal excluding electric lamps and bulks and electric fittings and in Class 15 in respect of glasses.

The applicants disclaim the right to the

exclusive use of the Chinese Character (†)

Dated the 25th day of November, 1932.

TAI HING VACUUM BOTTLE

FACTORY, Applicants,

No. 27, Leighton Hill Road,

Hong Kong.

(FILE NO. 411 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Lui Ngar Shan, of No. 253, (Ground Floor), Queen's Road West, Hong Kong, Merchant, has on the 8th day of November, 1932, applied for registration in Hong Kong, in the Register

name of The Sam Hing Chai () of Trade Marks, of the following Trade Mark:--

　　　　of No. 39, Parke Street, (1st Floor), Yaumati, in the Dependency of Kowloon, in the Colony of Hong Kong, has on the 14th day of Novem- ber, 1932, applied for registration in Hong

Kong, in the register of Trade Marks, of the following Trade Mark, :-

Trade Mark SH

龜鶴千嵗酒

嘿妹雙

粉身夹等超

(2)

(3)

HAIR FIXER

MANFACTOR

KHONG SANG HONG

250 251.DES YORAL ROAD HONGKONO

行生庸司公限有

FUMERY

SAM HING Vermilion

　　　　in the name of the said Tai Chi Shi, trading under the name of the Sam Hing Chai, who claims to be the sole proprietors thereof.

The Trade Mark has been used by the Ap- plicant in respect of Vermillion Powder in Class 1 since the year 1927.

The Applicant disclaims the right to the exclusive use of the letter "S.H."

　　　　　　Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of November, 1932.

A. E. HALL & CO., Solicitors for the Applicant,

Pedder Building,

' Hong Kong.

in the name of Lui Ngar Shan, who claims to be the sole proprietor thereof.

The above Trade Mark is intended to be used forthwith by the applicant in respect of Medicinal Wine, in Class 3 and of Chinese Wines and Spirits. in Class 43.

Facsimiles of the above Trade Mark can be seen in the Office of the Registrar of Trade Marks.

Dated the 25th day of November, 1932.

LUI NGAR SHAN, No. 253, Queen's Road West,

Hong Kong, Applicant.

in the name of our Company, who claimed to be the proprietors thereof.

The above Trade Marks are intended to be used by us in respect of Hair Fixer, and two Trade Marks in respect of Violet Talcum Powder, in Class 48.

The above Trade Marks are associated with one another and with Trade Marks Nos. 12 of 108, 112 to 114 of 1909, 132 of 1913, 106 and 107 of 1914, 135 to 137 of 1916, 81 of 1919, 219 to 223 of 1922, 308 and 309 of 1924, 77 to 79 of 1925, 204 and 205 of 1925, and 91 of 1927, and we disclaim the right to the exclusive use of all the Chinese Characters appearing on the marks.

Facsimile of the Trade Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 25th day of November, 1932.

KWONG SANG HONG LTD.,

Applicants.

(FILE No. 409 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Eastern Rite-

a-Lite, Limited, of No. 60, Fenchurch Street, London. E.C.3, have, on the 3rd day of November, 1932, applied for registration in Hong Kong of the accompanying Trade Mark:-

RITE-A-LITE

in the name of the said Eastern Rite-a-Lite, Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Electric advertising signs, in Class 6.

　　　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 25th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 421 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The National Drug Co, of China at No. 24, (First Floor), Des Voeux Road Central, Victoria, in the Colony of Hong Kong, has by an applica- tion dated the 12th day of November, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

1772

(FILE No. 424 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE I, of Lion Works, Maybury

OTICE is hereby given that James Walker

Hill, Woking, Surrey, England, have, by an application dated the 1st day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

GASKOID

in the name of the said James Walker & Co., Ltd., who claim to be the proprietors thereof. The above mark has been used by the Applicants in respect of Jointing (in the nature of Packing), and Engine, Steam and Hydraulic Packing, in Class 50 since January, 1931.

Dated the 25th day of November, 1932.

GEO. K. HALL BRUTTON & CO. Solicitors and Agents for the Applicants, St. George's Building. Hong Kong.

(FILE No. 347 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Chung Chun Hon trading as the Lee On Loong Firm, of No. 25, D'Aguilar Street, Victoria, in the Colony of Hong Kong, Mer- chant, on the 14th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

SHAKE THE BOTTLE.

BRAND

FOR ROAST MEAT STEAKS' CUILETS, CHOPS, FISH CURRIES. GRAVIES, GAME & SHOP Possusamg o prekhar piquancy & from the superiority of 19 Zem is more generally useful skan any other souce ORIGINAL MANUFACTURER

WILLIAM W HILL

LONDON ENGLAND

to be had of all thores Grocers and Warehousemen

ANTIFLAM

安

INDIAN

(2)

CONDIMENTS

Guaranteed

Superior Quality

安得非靈

TRADE MARK

(FILE No. 379 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Kalle & Co., N Biebrich, Germany, Merchants, have, on the 4th Aktiengesellschaft of Wiesbaden-

day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

OZALID

(2)

Cellophan

塞

露

in the name of Kalle & Co., Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Applicants in respect of paper (except paper- hangings, stationery and bookbinding in Class 39.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

in the name of The

National Drug Co., of China, who claim to be the proprietors thereof. The Trade Mark has been used by The National Drug Co., of China, in respect of Medicated Plaster, in Class 3 since 1930.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 25th day of November, 1932.

THE NATIONAL DRUG CO., OF

CHINA,

No. 24, (1st floor), Des Voeux Road

Central, Hong Kong,

Applicants.

LAYDIKA&CO.

CALCUTTA.

in the name of the said Chung Chun Hon trading as the Lee On Loong Firm, who claims to be the proprietor thereof.

The Trade Marks have been used by the Applicant in respect of Sauces, in Class 42 and Condiments, in Class 42, respectively.

The Trade Marks are to be associated with each other.

Dated the 25th day of November, 1932.

RUSS AND COMPANY, Solicitors for the Applicant, No. 6, Des Vœux Road Central,

Hong Kong.

Trade and Shipping

Returas for the month of

October, 1932.

OMPILED by the Statistical

COM

Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy :

NORONHA & CO.,

Government Printers,

5 Tinddoll Stunet

་སྒ་

(FILE No. 381 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that I. G.

　　　　　　Farbenindustrie Aktiengesellschaft of Frankfort-on-Main, Germany have, on the 7th day of October, 1932, applied for the registra- tion in Hong Kong in the Register of Trade Marks of the following Trade Mark :-

*----

DIAZOPON

抵

擦

寶

in the name of I. G. Farbenindustrie Aktienge sellschaft, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Chemical substances used in manufactures. photography or philosophical research and anti-corrosives in Class 1.

　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Vœux Road Central, Hong Kong.

(FILE NO. 356 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Kam

　　　　　Tsz Hong() of No. 421, Hennessey Road, Victoria, in the Colony of Hong Kong, have, on the 24th day of Septem- ber, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely:-

TRADE

MARK

in the name of the said Kam Tsz Hong

(1) who claim to be the proprie-

tors thereof.

The Trade Mark has been used by the appli- cants in class 3 in respect of Chemical sub- stances prepared for use in medicine and phar- macy and particularly in respect or a medicinal

Oil know as "Kam Tsz Oil (),

since January. 1930.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

A. E. HALL; AND COMPANY, Solicitors for the Applicants,

Pedder Building,

Hong Kong,

NOT

1773

(FILE Nos. 336 AND 358 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

TOTICE is hereby given that Scott & Turner, Ltd., of St. Andrews Build- ings, 4, Gallowgate, Newcastle-on-Tyne, England, Manufacturing Dry- salters, have, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Three Trade Marks :-

USE

LIVER

ANDREWS

GUARANTEED PURE & HEALTH GIVING

(1)

DONG BOY

It is

SARANTELO

ANDREWS

LIVER SALT

NDREW

LIVER SALT

Bers

SALT

DIRECTIONS for USE.

ONE

TEASPOONFUL

IN A TUMBLER OF WATER

Ал

vigor & hng||

and refresh!! ng drink ar}|

any lifet

AS A MEDICINE

ONE OR TWO

TEASPOONFULS IN

A TUMBLER OF WATER

the morning immadiately

QA rigang

COLD WEATHķa she n the casel or DELICATE PERSONE IN SAN launa moni beneficial when using, WIN WARM WATER. Fan chuigran hart the above quamfilms cong

SCOTT & TURNER LIMITED

Prograr & manufactu si rig-on-Tyna à Landon

to age

ANDREWS

READ THIS

CAREFULLY

PATHIS PREPARATION BOTS especially on the LIVER and KIDNEYS. "Îr ribanjes and im parts me vigouri to the whole systur "and", 'takes away that

• benvy and zepressed förungjarj

• common to people withja slug" KAN TUNE, FÜR HEAVINĖSS

HEADACHE

SICKNESSA

G-DDINESS and ALL FÖRMS "QFT INDIGESTION is sch

PURIFIES & INVIGORATES THE WHOLE SYSTEM:

(2)

ANDREWS LIVER SALT

(3)

Andrews

LIVER SALT

A Simple Corrective for INDICESTION: HEADACHE BILIOUSNESS. CONSTIPATION RHEUMATISM, RIVER AND KIDNEY DISORDERS.

Effervescent Agreeable Refreshing Cleansing Invigorating.

་ སཱཾ

SCOTT & FURNER" LTS"

NEWCASTLE

FON TYNE

in the name of Scott & Turner, Ltd., who claim to be the sole proprietors thereof.

Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of a Medicinal Preparation for Iluman use in Class 3.

Trade Marks Nos. 2 and 3 have been used by the Applicants in respect of a Medicinal Preparation for Human use in Class 3.

The word "Andrews" has been declared to be distinctive by order of His Excellency the Governor under Section 9 (5) of the Trade Marks Ordin- ance 1909.

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Mark can be seen at offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, 1. Des Vœux Road Central,

Hong Kong

1774

(FILE NO. 346 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTI

OTICE is hereby given that Eho Chiu Chuang, of Ta-Chih-Koo, Tient- sin, in the Republic of China, Manufacturers, have on the 13th. day of

　　　September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

應請

冬菜

商標

賜顧請認劉海商標記以杜流弊贵客

庶不致誤

津

莊酒和益

EHO CHIU GHUANG

牌本徒無名

1茲號假恥近

註

菜各開種: 設露號大酒自

直五製

1海更招冒之因馳準

十年中

沽香

in the name of Eho Chiu Chuang, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith,

in respect of the following goods :-

Preserved vegetable excluding preserved ginger, in Class 42.

Dated the 30th day of September, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, Prince's Building, Hong Kong.

(FILE No. 224 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Hubert James Milier, Richard Hope Miller and Charles Anthony Miller trading as James Miller of Park Place,

Cheetham, Manchester, County of Lancaster, England on the 10th day of May, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark viz:-

NONT

THIS SIGNATURI NT GENUINE

GENUINE WITHOUT

MILLER'S

Samiller

PARK PLACE.

CHEETHAM. MANCHESTER

(FILE No. 185 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Kabushiki- Doshomachi 2-chome, Higashiku, City of Osaka, Japan, on the 21st day of April, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz :-

Kaisda Takeda-Chobei Shoten of No. 27,

VITACAMPHER

in the name of the said Kabushiki-Kaisha

Takeda-Chobei Shoten, who claim to be the proprietors thereof.

The Trade Mark has been used by the

Applicants in respect of Chemical substances

prepared from camphor for use in medicine

and pharmacy in Class 3.

Dated the 23rd day of September, 1932.]

HASTINGS, DENNYS & BOWLEY,

Solicitors for the applicants, No. 8, Des Vœux Road Central,

Hong Kong.

(FILE No. 341 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

Two Trade Marks.

NOTICE is hereby given that The Jolson

Company of No. 328, Queen's Road Central, Hong Kong, have on the 10th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

SAPL

PEACH BRAND

嘜桃蟠

(2)

in the name of the

Saßmiller.

PLACE.

CHEETHAM MANCHESTER.

said

Estabd

TRADE

MARK.

18470

BAKING POWDER

NOME GENUINE WITHOUT

THIS SIGNATURE-

James Miller, who claim to be the proprietors thereof. The Trade Mark has been used by the Applicants in respect of Baking Powder in Class 42.

　　　　　The Applicants disclaim the right to the exclusive use of the words. British" and "Miller's."

Dated the 30th day of September, 1932.

HASTINGS, DENNYS & BOWLEY,

Solicitors for the Applicants,

No. 8, Des Voeux Road Central,

Hong Kong.

POMEGRANATE BRAND

嘜榴石

in the name of The Jolson Company, who

claim to be the proprietors thereof.

The Two Trade Marks are intended to be

used forthwith by The Jolson Company in respect of Woollen Blankets (not in piece) in Class 35.

Representations of the Two Trade Marks are depostied for inspection in the Offices of Registrar of Trade Marks and also of the undersigned.

Dated the 23rd day of September, 1932.

THE JOLSON COMPANY, No. 328, Queen's Road Central,

Hong Kong, Applicants.

(FILE No. 349 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade fark.

NOTICE is hereby given that the Mut Wah

(FILE No. 337 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

Hong, of No. 76, Des Voeux Road OTICE is hereby given that The Namking Central, (First Floor), Victoria, in the Colony of

Battery Company of No. 69, Portland Hong Kong, have, on the 20th day of Septem- Street, Kowloon, Hong Kong, Battery Manu- ber, 1932, applied for the registration in Hongfacturers, have on the 8th day of September, Kong in the Register of Trade Marks of the following Trade Mark :-

1932, applied for registration in Hong Kong, n the Register of Trade Marks, of the follow- ing Trade Mark :-

(FILE NO. 316 OF 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that Messrs.

Before this call lanves our factory, we guarantee that it has been thoroughly testdd, and is made under perfect condition. Every call of ours | gives out ingla songer than any other cells of some use THE HARKING BATTERY CO. Made in China

TRAGE

FELICITY

MARK

No. 333 FLASHLIGHT UNIT CELL MADE IN CHINA

REGISTERED TRADE MARK.

in the name of the Mut Wah Hong, who claim to be the proprietors thereof.

The Trade Mark has been used by the appli- cants since the year 1931, in Class 3 in respect of Medicine.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

THE MUT WAH HONG. 76, Des Vœux Road Central, Hong Kong. Applicants.

(FILE No. 339 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

NOTIC

a Trade Mark.

OTICE is hereby given that Kung Ping Steel & Iron Works of No. 52, Hennesey

　　Road, Victoria, in the Colony of Hong Kong, have, on the 9th day of September, 1932,

in the name of The Namking Battery Com- pany, who claims to be the proprietor thereof.

The Trade Mark is intended to be used forth

　　in the name of Samuel Jones & Co., Ltd., who with by the applicants in respect of Flashlight claim to be the sole proprietors thereof.

Batteries in Class 8.

The applicants disclaim the right to the exclusive use of the figures and all the words on the Mark except "Felicity." The applicants undertake not to use the Mark in red and blue.

Dated the 30th day of September, 1932.

THE NAMKING BATTERY COMPANY,

Hong Kong, Applicants.

(FILE NO. 315 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Singer

applied for registration, in Hong Kong, of the NManufacturing Company of 149 Brond-

accompanying Trade Mark :-

KUNG PING

風平公海上

WORKS

SINGER

SEWING

MACHINES

This Trade Mark has been used by the applicant in respect of paper, stationery and bookbinding in Class 39 since 1924.

Dated the 30th day of September, 1932.

REISS, MASSEY & CO., LTD.,

7, Queen's Road Central, Agents for the Applicant.

REGULATIONS OF HONG KONG

1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at

the Colonial Secretary's Office

Price: $1.00

STEEL & IRON

in the name of the said Kung Ping Steel & Iron Works, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Metal furniture and other metal equipment for household and office use (excluding Scales) in Class 41.

　　　　Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 23rd day of September, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

Hong Kong.

2, Queen's Road Central,

in the name of the said The Singer Manufactur- ing Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Sewing Cottons in Class 23.

Dated the 23rd day of September, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, No. 8, Des Voeux Road Central,

Hong Kong.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),.. Half year,

(do.), Three months, (do.),

Foreign, $2 extra for Postage.

Terms of Advertising.

For 5 lines and under,. Each additional line, Chinese, per Character, Repetitions,

$18.00

10.00

6.00

$1.00 for 1st .$0.20 insertion. 5 cents. Half price.

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's issue.

PRINTED AND Published by NORONHA & Co., Printers to the Hong Kong Government,

1778

LEGISLATIVE COUNCIL.

No. S. 478.-The following Bills were read a first time at a meeting of the Council held on the 1st December, 1932:-

C.S.O.

[No. 16-21.11.32.-10.]

A BILL

Short title.

Inter- pretation.

Nuisances committed in public places, etc.

INTITULED

An Ordinance to amend and consolidate the law relating to

Summary Offences.

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 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.

person.

(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.

3. Every person shall be liable to a fine not exceeding two hundred and fifty dollars who without lawful authority

or excuse :

ord or reservoir, or into any drain

drain or 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

1779

(2) obeys any call of nature on any road or in any public, exposed, or other improper place;

(5) 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,

1780

(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;

(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;

1781

(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;

(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 Director of Public Works or from a District Officer;

4.-(1) Every person shall be liable to a fine not exceed- ing fifty dollars who within any district to which any Scaveng- ing and Conservancy By-laws apply:-

(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:

Offences by carriers of

night-soil

and pigwash.

Dressing stone.

Street cries for buying or selling.

Other offences against

good order.

Other nuisances in the

nature of trespass or damage.

(cf. secs. 23-28 of No. 5 of 1865.)

1782

(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.

6. Every person shall be liable to a fine not exceeding twenty-five dollars who uses or utters cries for the purpose 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} regulation of the Governor in Council from so doing.

7. Every person shall be liable to a fine not exceeding 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;

(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;

(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.

8. 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, without lawful authority or

excuse:

　　　　　　　　　　　　　　　　　　　　　　　　　　any private person (except in any case where such offence is proved to have been committed with felonious intent);

1783

Ord. No. 6 of 1865.

land without

(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.

of ship

10.-(1) Every person who alters in any way the Alteration construction of any ship or of any part thereof or any with a fittings therein, with a view to the unlawful possession, storage view to or conveyance of arms, ammunition, opium, dangerous drugs su

smuggling, 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.

(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.

་

immoral

11. Every female who being in any public place or Females place of public resort, or being on any verandah or at any soliciting for window or doorway over or opening on to any public place, purpose. solicits any person for any immoral purpose or behaves (cf. s. 17 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.

No. 4 of

Shouts while playing

Chai-Mui.

Making noise at

night calculated

to disturb

public

1784

12. (1) No person shall utter any shouts or cries or make other noises while playing the game known as "Chai- Mui" within the hours prescribed for any district or place by regulation of the Governor in Council.

13.-(1) No person shall, between sunset and 6 a.m., make or cause or permit to be made or caused any noise whatsoever calculated to disturb or interfere with the public tranquillity or calculated to disturb or annoy any person: tranquillity. Provided always that in the case of funerals and marriages 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.

Watchman

or servant making noise by direction of pro. prietor of dwelling- house, etc.

Liability of proprietor of dwelling- house.

Destruction

of rabid

dogs and animals.

(2) Every person who contravenes any of the provisions. of this section shall be liable to a fine 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.

(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 a rabid state, or which has been bitten by any dog or animal reasonably suspected to be in a rabid state

1785

(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 liable to a fine not exceeding two hundred and fifty dollars or to imprisonment for any term not exceeding three months.

house or

15. Every person who without lawful authority or excuse Firing near discharges any cannon or firearm within two hundred dwelling- yards of any dwelling house or any motor road to the road. 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 offences two hundred and fifty dollars or to imprisonment for any term relating to not exceeding three months who:-

(3) hores, pierces, breaks, cuts open or otherwise injures any cash, 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

vessels, seamen and merchandise.

17. Every person who without lawful authority or Removing excuse removes or carries away any stone or stake driven land-mark, 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.

Possession of offensive

weapon, etc., with intent.

Behaving

riotously

breach of

peace.

1786

Improper possession of arms or clothing or

20. Every person, not being an officer of police, who :- (1) has in his possession any article being part of the assumption clothing, accoutrements or appointments supplied to any officer of police and is not able satisfactorily to account for his possession thereof; or

of character, of police

officer.

Suspected

persons and loiterers.

5 Geo. 4, c. 83, s. 4.

34 & 35 Vict. c. 112, s. 15.

c. 69, s. 7.

21. 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) 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;

(2) is found at any time in or upon any dwelling-house, warehouse, stable, garage, outhouse, private enclosure or garden for any unlawful purpose; or

}

1787

apprehend

22. Every person found committing any offence punish- Fower to able under this Ordinance may be apprehended by the in certain owner of the property on or with respect to which the offence cases. 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 officer of police to be dealt with according to law.

ness.

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.

Removal of

and recovery of expenses.

1788

26. (1) It shall be lawful for the Inspector General filth,etc., of Police to require any person whose duty it may be to remove any filth or obstruction, or to do any other matter or thing required to be done by this Ordinance, to do soi

　　　　　　　　　　　　　　　　　　　　　　　　　　　　· 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.

Summary proceedings.

Saving of liability of offender to indictment or action.

Acts done by lawful authority.

Recovery of penalties.

Regulations.

27. All summary proceedings under this Ordinance may be had on the information of any complainant.

•

same.

30. Every offence against the provisions of this Ordin- ance or of any Regulation made thereunder shall be punishable 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.

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.

1789

Ordinances

of 1924,

32. The Summary Offences Ordinance, 1845, the Sum- Repeal of mary Offences Amendment Ordinance, 1924, the Summary No.1 of Offences Amendment Ordinance, 1927, the Summary Offences 1845, No. 10 Amendment Ordinance, 1930, and the Summary Offences No. 21 of Amendment Ordinance, 1931, and sections 19, 20, 21, 22, 23 and 24 of the Malicious Damage Ordinance, 1865, repealed.

of 1930,

1927, No. 22 are No. 15 of 1931, and certain sections of No. 6 of

1865.

33. This Ordinance shall come into force on the first day Commence- of January, 1933.

Objects and Reasons.

1. This Ordinance consolidates and amends the law relating to Summary Offences in the manner indicated in the Table of Correspondence. In particular the following amendments are outstanding.

4. Section 21 has been amplified by the inclusion therein of the provisions of the Vagrancy Act, 1824 (5 Geo 4, c. 83, s. 4) dealing with loiterers and suspected persons, and of section 127 of the Magistrates' Ordinance, 1890.

5. Section 23 has been transferred from the Magistrates' Ordinance, 1890, in which it was section 93. The various forms of drunkenness dealt with would appear to be essentially summary offences. The maximum fine under s.s. (1)-"drunk in public place or licensed premises"-has been raised from $10 to $25, and that

and that under S.S. (2) "drunk and disorderly''-and under s.s. (3)-"drunk when in charge of a vehicle etc., (other than a motor vehicle)"-has been raised in each case from $25 to $100. The Magistrates consider the lower penalties insufficient.

7. In section 25, replacing the old section 44, the reference to section 13 is omitted, that section having been combined with others in the new section 13 as indicated in the Table of Correspondence. But the liability imposed by section 25 (old 44) on occupiers for offences against section 3 (1) has been extended to offences against section 3 (3), (13) and (14).

C. G. ALABASTER,

Attorney General

ment.

November, 1932.

Section of

1790

TABLE OF CORRESPONDENCE

Section of

No. 1 of 1845. New Ordinance.

3 (1)

Itemarks.

New Ordinance-does not merely

amend but consolidates.

(d) "Waterways' added.

Opening words amended to show that essence of offences in nature of nuisances is absence of "law- ful authority or excuse.

Passers- by" for "passengers" and "vehicle" for "cart or carriage" passim.

(1) at end-the words "to the annoyance of inhabitants or pas- sengers" are omitted on account of the difficulty of proving such annoyance.

(2) redrafted to include provisions

of s. 8. (4) and simplified.

3 (2)

3 (3)(4)(5)(6)

(5) "the rain-" omitted.

3 (7)

3 (8)

(7) redrafted to conform with the wording of No. 27 of the Traffic Regulations.

(8) omits reference to driving which is included in (7), and replaces "cart carriage sledge" by "vehicle", and "footway" by "footpath"; "large" twice inserted before "animal": "allows to wander" for "turns loose"; "or propels" added after "draws".

3 (9)

3 (10) & (22)

3 (9)

3 (10)

3 (11)(12)(13) 3 (11)(12)(13)

3 (13A)(13B) 3 (14)(15)

(16)(17)(18)

(13C)(13D) (13D)

3 (14)

3 (19)

3 (15) & (16) 8 (20)

8 (17)

3 (21)

(10) Includes old (22) which comes more appropriately here; "belong- ing to him" omitted.

Added by Ordinance 22 of 1920. 'public place" substituted for re- ference to public street or road in (16; & (17). See definition in sec-

tion 2

3 (18)

3 (22)

8 (19) & (20) 8 (23) & (24)

Combined.

Amended to allow boys under 16 to bathe unclothed and by the omission of "lewdly and".

"Glass blower" included.

1791

Table of Correspondence,-Continued.

Section of

No. 1 of 1845. New Ordinance.

3 (25)(26) &

(27)

8 (21)

3 (28)

8 (22)

3 (10)

8 (1) & 21

8 (2) (8)

(4) & (5)

8385

[3]

11 A (1)

Remarks.

These were paras. (2) (3) and (5) of Section 8 of the old Ordinance redrafted but are now more appro- priately made part of Section 3- or from a D.O." added at the end of (27). "public place" for "public road, path or walk" in (25).

V. supra

No regulation of the

the G. in C. establishing "noisy" areas exists, but hawkers licensed under the Licensing Ordinance 1887 are prohibited from crying their wares. etc. in certain areas.

Hence the amendment at the end.

(6) "or causes unnecessary suffering to" added, mere neglect not being enough to constitute "wanton and cruel ill usage".

See paras (25) (26) (2) and (27)

respectively of Section 3.

As amended by Ordinance No. 10 of 1924. "Current" for "which has not been withdrawn or cancelled and which has not terminated in and other way" or from a Dis- trict Officer" added in s.s. (1).

Not needed-provisions included in

the Vagrancy Ordinance, 1932.

As enacted by Ordinance No. 10 of

1924.

1792

Table of Correspondence,-Continued.

Section of

No. 1 of 1845. New Ordinance.

11 A (2)

13, 14, 15

Remarks.

(1) (2) (3) (4) and (5)

Omitted as unneeded.

Power of arrest is given by the

Police Ordinance.

"Brothel" and "mistress' omitted

from s.s. (2).

S. 13 as amended by Ordinance 22 of 1930. Provisions of the three Sections of 1 of 1845 combimed, as all deal with one and the same nuisance i.e. night noises. s.s. (2) simplified.

Redrafted, previous wording ob- scure and clumsy-"motor road" added-200 instead of 300 yards as in s. 5. of No. 15 of 1922.

As amended by Ordinance 22 of 1930. Opening clause redrafted. References to Colony, harbour and waters omitted.

"Without lawful authority Or excuse" added. Penalty increased.

See new Section 7 above.

28 & 29

30 A

32, 33

34, 35

2233

As amended by Ordinance 22 of

1930.

"Officer of police" for "police con-

stable".

As amended by Ordinance 22 of 1930-now further amended to include provisions of the Vagrancy Act, 1824, dealing with suspected persons, etc. v. Section 127 of Magistrates Ordinance, 1890.

Simplified.

Transferred from Magistrates' Ordin- ance, 1890, (S. 93). Penalty in paras. (2) and (3) increased to $100.

Transferred to new Police Force

Ordinance.

Omitted. Provisions to be included in new Sanitation and Buildings Ordinances.

Omitted. To be included in new

Police Force Ordinance.

Omitted. Power of arrest and procedure on arrest are already laid down in Police Force Amend- ment Ordinance 1931.

1793

Table of Correspondence,-Continued.

Section of

No. 1 of 1845. New Ordinance.

37, 38, 39

40 & 41

3333

Remarks.

"Shall be deemed guilty of a mis- demeanour" omitted, together with heading.

Omitted--to be included in new

Magistrates Ordinance.

Omitted-provisions to be combined in new Magistrates Ordinance with those of Section 90 of Magistrates Ordinance 1890.

Omitted to be included in new

Magistrates Ordinance.

"or under section 13" omitted, "at'

inserted after "committed". Ex- tension to 3 (3), (13) and (14) s

new.

Omitted to be included in new

Magistrates Ordininces

S.S. (2) redrafted.

"But" for yet so as that".

Omitted-power of constable

require immediate amends deemed undesirable. Power to order com- pensation is given by the Magis- trates Ordinance, 1890, s. 88.

"Saving" section should come late.

Amended to make clear that all offences are summarily triable. Method of recovering penalties is laid down in Section 57 of the Magistrates Ordinance 1890.

Commencement on 1st January, 1933, when it is hoped also to bring the new Magistrates and Police Force Ordinances into force.

C.S.O. 3596/22.

1794

A BILL

|No. 48-14.11.32.-1.]

Short title.

Registrar of Patents.

Application

for registra Hong Kong

tion in

of patent granted in the United Kingdom.

Application to be accompanied by certain documents.

Issue of certificate of registra- tion.

Nature of rights

conferred by registration.

Period of rights con. ferred by

INTITULED

An Ordinance to consolidate and amend the law relating to the

Registration of United Kingdom Patents.

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.

3. Any person being the grantee of a patent in the United Kingdom, or any person deriving his right from such grantee by assigninent, 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

6. Such certificate of registration shall confer on the applicant privileges and rights, subject to all conditions estab- lished by the law of Hong Kong, as though the patent had been issued in the United Kingdom with an extension to Hong Kong.

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 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.

1795

declare

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　not acquired. 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 ex- clusive privileges and rights conferred by such certificate of registration have not been acquired.

tion or

ment, etc.

prescribing

11.-(1) The Registrar may make such Rules and do such Power to things as he may think expedient, subject to the provisions of make rules this Ordinance, for prescribing the procedure under this Ordi- procedure nance and the fees to be paid in respect of proceedings under and fees. 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).

No. 13 of

12.-(1) The Registration of United Kingdom Patents Repeal of Ordinance, 1925, the Registration of United Kingdom Patents Ordinances Amendment Ordinance, 1928, and the Registration of United 1925, No. 10 Kingdom Patents Amendment Ordinance, 1932, are repealed. 191864

of and

1932.

as to

1925.

(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- nance had not been repealed: Provided that user and pub-

1796

SCHEDULE.

[8. 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

On application to change the name of a proprietor of a single patent where there has been no alteration in the proprietor- ship

$5.00

On application to change the naine 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

$5.00

for every other entry

$1.00

}

1797

Objects and Reasons.

I. The Registration of United Kingdom Patents Ordi- nances of the Colony were introduced on the instructions of the Secretary of State in order to carry out the recommend. ations of the British Empire Patent Conference, 1922, and the Imperial Economic Conference, 1923.

4. As the principal Ordinance of 1925 is a short Ordi- nance which has been amended by Ordinances No. 10 of 1928, No 38 of 1931, and No. 18 of 1932, and as the Rules made under it in 1926 were amended twice in 1931, it has been con- sidered desirable to repeal them all and to re-enact them, with the alteration directed by the Colonial Office despatch of the 5th September, 1932, in this new Ordinance.

November, 1932.

C. G. ALABASTER,

Attorney General

Section of New Ordinance.

1798

TABLE OF CORRESPONDENCE.

Section of

Ordinance

No. 13 of 1925.

10.

11 (1).

11.

11 (2).

12 (1).

12 (2). ̈*

Schedule.

Remarks.

Short title.

"Under the Patents Ordinance, 1892"

omitted.

As enacted by Ordinance No. 10 of 1928. "or if the patent was issued prior to the 1st day of January, 1926, then within five years from the 31st day of December, 1925," omitted.

As enacted by Ordinance No. 18 of 1932. "date of the patent" substituted twice for "date of the, issue of the patent" to comply with Colonial Office circular despatch of 5th September, 1932.

New.

Repeals.

This sub-section is based on sections 12 and 13 of Ordinance No. 13 of 1925 and section 3 of Ordinance No. 10 of 1928.

***

C. S. O. 5661/32

1799

No. 46-25.11.32.-3.]

A BILL

INTITULED

An Ordinance to amend the Protection of Women and Girls

Ordinance, 1897.

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.

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 months.

for Ordin- ance No. 4 of 1897, s. 13 (2).

for Ordin-

3. Sub-section (1) of section 17 of the Protection of Substitution Women and Girls Ordinance, 1897, is repealed and the fol- 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 of 1897, s. 17 (1).

for Ordin- ance No. 4

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 :-

of 1897, s. 21 (3).

indictment,

rape, to

(3) If upon the trial of any indictment, or the hearing of Power on any information or charge, for rape, or for any offence made hearing or felony in section 6, the magistrate or the jury, as the case charge for may be, shall be satisfied that the defendant is guilty of an convict of offence under sections 5, 6, 9 or 10 or of an indecent assault, certain but is not satisfied that the defendant is guilty of the felony 48 & 43 Vict. charged in such indictment, information or charge, or of an c. 69, s. 9. 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.

1800

Objects and Reasons.

1. The substituted sub-section (2) of section 13 of the principal Ordinance raises the maximum fines from $100, $200 and $500 to $250, $500 and $1,000 respectively.

2. The effect of the substituted sub-section (1) of section 17 of the principal Ordinance is to substitute the words "solicits for immoral purposes" for the words "in any public place persistently solicits or importunes for immoral purposes" and to raise the penalty from three months to six months. The words "in any public place persistently solicits or im- portunes" came from section 1 of the Vagrancy Act, 1898, (61 & 62 Vict., c.39); but they appear to afford an unneces- sary degree of protection to a type of pest which has recently increased.

3. The substituted sub-section (3) of section 21 adds the words "or the hearing of any information or charge" after "indictment" in line 1, and the words "information or charge" in lines 6 and 12, of section 21 (3) of the sub-section it replaces. It expressly applies the enactment to the hearing of an information or charge by a magistrate, thus removing any doubt as to the intention of the legislature when this sub- section was added in 1909, (See Memorandum attached to the Bill in Hong Kong Government Gazette of 8th October, 1909, page 785) to apply section 9 of the Criminal Law Amendment Act, 1885, to proceedings before magistrates as well as on indictment.

November, 1932.

C. G. ALABASTER,

Attorney General.

C.S.O.

1801

A BILL

[No.25: 28.11.32.-6.]

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 punish- able on summary conviction and to indictable offences and for other purposes.

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 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.

Interpreta-

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.

cf. Ord.

31 of 1911,

8. 39 B (14).

and the

Prisons

Ordinance,

1932, ss. 2 and 3.

Saving of special procedure.

Use of forms.

First Schedule.

Police magistrates.

Marine

1802

"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.

121

)

1803

(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 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.

First

case of

to summons or in first

Form No. 2.

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 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 Schedule. 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,

Form No. 3.

Manner of making complaint or laying informa- tion.

11 & 12 Vict. c. 43, s. 10.

Place and manner of hearing.

c. 43, s. 12.

1804

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 the magistrate receiving the same thereupon issues his warrant. 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.

(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 shail 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.

First Schedule. Form No. 12.

(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 warrant in manner hereinbefore 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

1805

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.

First

1806

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 Form No. 39. 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.

Schedule

Adjourn. ment of hearing and procedure thereon.

11 & 12 Vict. c. 43, s. 16.

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 oath 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

•

1807

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- 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 Forta No. 10. issuing a summons, it shall be lawful for him to issue his warrant in the first instance.

be sworn

or answer.

(4) If any person having come before a magistrate Provisions whether voluntarily or in obedience to a summons or having as to been brought before him by warrant or otherwise shall refuse refusing 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 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.

Form No. 11.

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, First or to give evidence, shall apply accordingly, and a magistrate Formis shall have power to vary or add to the forms in the First Nos. 8, 9, Schedule accordingly.

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 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

First Schedule.

Form No. 5.

First Schedule. Form No. 7.

Description of property of partners

in complaint

or informa- tion.

11 & 12 Vict. c. 43, s. 4.

Complaint for order to pay money need not be in writing.

1808

place of security or to such other custody as the magistrate may think fit, or to discharge him 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 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.

may

19. In any case of a complaint upon which a magistrate 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 11 & 12 Vict. such complaint is framed.

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.

c. 43, s. 1.

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 ofience, 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 11 & 12 Vict. 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.

1809

and order.

22.-(1) In every case of a conviction 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 c. 43, s. 17. Ordinance or statute, whether any particular form of First conviction is therein given or not, it shall be lawful for the Schedule. 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.

Forms Nos.

(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 Schedule. First Schedule as may be applicable to such case or to the like 22-32. effect.

Forms Nos.

declaration

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 of hand- writing, other officer or person on any warrant, summons, notice, pro- etc. cess or document, may be proved by a solemn declaration 42 & 43 Viet. taken before a justice of the peace; and

　　　　　　　　　　　any declaration pur- porting to be so taken shall, until the contrary is proved, be 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.

c. 49, s. 41. First Schedule.

36 and 37.

execution of 11 & 12 Vict.. c. 43. s. 3.

warrant, etc.

24. (1) Every warrant to apprehend a defendant in Form and order that he may answer to any complaint or informatio 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

First

Schedule.

Form No. 5.

First Schedule.

Form No. 7.

1810

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- 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.

Non-

avoidance of

summons or

warrant by death of magistrate.

42 & 43 Vict.

c. 49, s. 37.

Bail of person

arrested

without

warrant.

c. 49, s. 38.

25. Any warrant or summons issued by a magistrate 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 -42 & 43 Vict. 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, Form No. 5. time and place mentioned therein.

First

Schedule.

Provisions as to proceedings, etc.

11 & 12 Vict.

c. 43, s. 14;

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) a warrant of distress shall not be deemed void hy reason only of any defect therein, if it is therein alleged that

1811

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

(6) 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.

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.

(5) 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.

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.

1812

Special provisions.

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 trifling 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 Lim 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 damages 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 he 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

all 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.

1813

money found

32. Where a defendant is fined a sum not exceeding Appropria- twenty-five dollars and the same is not forthwith paid, the tion of inagistrate may order the defendant to be searched, and if on on defendant for payment 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

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　twenty-five 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.

33. Where in the case either of imprisonment or a fine Recognizance there is prescribed a requirement for the offender to enter into may be

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.

Provision as

35.--(1) The magistrate by whose conviction or order any sum is adjudged to be paid may do all or any of the to mode of 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.

payment of sum adjudged to be paid. 42 & 43 Vict. c. 49, s. 7.

First Schedule.

Forms Nos. 15-18, 20 and 21.

Return by magistrate's order of property taken from defendant.

42 & 43 Vict. c. 49, s. 44.

Prosecution

ment of

aider or abettor.

1814

(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- inent 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 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.

37. Every person who aids, abets, counsels or procures and punish 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.

11 & 12 Vict. c. 43, s. 5.

(cf. No. 3 of 1865).

Rule as to cumulative sentences

for assault.

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.

1815

received.

40.-(1) When any person is brought before any magis- Examination trate charged with having or conveying any thing reasonably of person 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.

delivery of

fraudulently

possession

41.-(1) If any goods are stolen or unlawfully obtained Order for from any person, or, having been lawfully obtained, are goods 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 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.

property.

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.

the Power to

(2) Nothing in this section shall affect pawnbrokers. 43.-(1) Where any property has come into the possession of the police in connection with any criminal make orders with respect offence whether committed in the Colony or not, a magistrate to property may, on application either by an officer of police or by a claimant of the property, make an order for the delivery of the property to the person appearing to the magistrate to be

in possession

of police.

60 & 61 Vict. c. 30, s. 1.

Penalty on

common informer

for com- pounding without

magistrate.

1816

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 made 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.

Commitment for dis-

obedience of order to

do some act, etc., not

being payment

of money.

c. 43, s 24.

1818

50.-(1) Where a conviction does not order the payment of

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.

c. 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

discharged.

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.

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

1819

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 a 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.

Special

provisions as

for non- payment of money and

1820

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 päid 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.

as to

warrant of distress.

c. 49, s. 21.

First

Schedule. Forins 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 istress 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 ove 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 complaint of

power to

bind over to keep the

peace.

Recognizances, etc.

55.-1) The power of a magistrate, on complaint of any 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 42 & 43 Vict. 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.

c. 49, s. 25.

First Schedule. Forms Nos. 27 and 28.

Power to reduce or

vary security.

c. 49, s. 26.

(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 42 & 43 Vict. 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.

Second Schedule.

First Schedule. Forms Nos. 32 and 33.

1821

of court.

Schedule.

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. 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, Mode 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. 49, s. 23. 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.

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 schedule. of the sum due under it in the same manner as if the sum Forms

Nos. 5, 31, were a fine adjudged by a magistrate to be paid and the 35 and 46.' amount of the same were ascertained by a conviction: Provided that, at any time before the sale of goods under a warrant

First

Schedule. Form No. 28.

First Schedule. Forms

Nos. 29, 30 and 47.

Recovery of civil debts and costs.

42 & 43 Vict. 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.

1822

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

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- 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.

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.

1823

Scale of imprisonment for non-payment of money, etc.

of money

paid, etc.

62. Unless in any enactment it is otherwise provided, Scale of

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　imprisonment the period of imprisonment, with or without hard labour, for non- 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 sufficient distress to satisfy any such sum, (cf. ss. 48, shall be such period as, in the opinion of the magistrate, will 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

shall not exceed--

7 days

94 & 95).

exceeds $ 1 but does not exceed $

$ 5

$ 10

1 month

$ 10

$ 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 section shall apply to fines imposed by a marine magistrate under the Merchant Shipping Ordinance, 1899.

Costs.

(cf. No. 10 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.

64. Where a complaint or information is dismissed with Procedure

for com- 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, 11 & 12 Vict. the complainant or informant may be committed to prison, c. 43, s. 26.

to pay costs.

First

Schedule. Forms Nos. 44 and 58.

Costs where

fine does

not exceed

two dollars.

1824

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 made 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 Form No. 1

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.

First Schedule. Form No. 2.

Warrant to apprehend for offence committed on high seas, etc.

11 & 12 Vict. c. 42,

s. 2.

(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 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.

1825

where

is filed by

Attorney

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 sy of the prosecutor or of any person on his behalf (if the person General against whom the indictment has been filed has not already appeared and pleaded to the indictment), shall grant to him a 11 & 12 Vict. certificate of such indictment having been filed.

and accused

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

c. 42, s. 8.

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 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.

70. The provisions with reference to summonses con- Service of 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 Vics. on summary conviction shall apply equally, mutatis mutandis, c. 42, s. 10.

to warrants under this Part.

Summons or warrant for witness, etc.

1826

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 11 & 12 Vict. Inaterial evidence on the part of the prosecution and will not c. 42, s. 16.

voluntarily appear at the time and place appointed for the 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.

First Schedule. Form No. 11.

Power to remand

accused.

c. 42, s. 21.

First Schedule. Forms Nos. 12 & 75.

(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 11 & 12 Vict. 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 sureties, at the discretion of the magistrate, conditioned for his appearance at the time and place appointed for the continuance of the examination.

First

Schedule.

Forms Nos. 76 and 77.

Place where examination taken not an open court.

11 & 12 Vict.

c. 42, s. 19.

(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 bears an 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 that no person shall have access to or be or remain in such

1827

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.

hearing.

75.--(1) On the hearing of an information or charge for Taking of an indictable offence where the accused is present at the hear- evidence at ing, the magistrate shall, before cominitting the accused to 11 & 12 Vict. prison for trial or before admitting him to bail to take his trial, c. 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.

76.--(1) After the examination of all the witnesses on Reading over the part of the prosecution has been completed the magistrate and cantion depositions, 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

him :-

"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 holden 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.

Examination of witnesses

for accused.

c. 35, s. 3.

1828

(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. c. 42, s. 20; 30 & 31 Vict. c. 35, s. 3.

and witnesses.

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- Irate 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-

1829

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 for the use of the Attorney General.

(cf. No. 9 of 1899, s. 11.)

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.

accused of committal.

80. (1) If the magistrate commits the accused to prison Informing for trial on any day between the 1st and 9th days, both 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 committak 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.

Procedure on charge of indictable offence against

corporation.

1830

(4) At any time before the first day of the criminal session of the court at which any 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.

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 15&16 Geo. 5, accused corporation upon trial, order the documents specified c. 86, s. 33.

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.

Saving as to Ordinances relating to women and girls.

(cf. No. 4 of 1897.)

PART IV.

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 gentence 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.

1831

85. Where an indictable offence is triable summarily

Procedure as to indictable

summarily.

(1) the procedure shall, until the magistrate assumes the offences power to deal with the offence summarily, be the same in all triable 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

Forni

(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.

Special

summary

indictable

86. Where any person is accused of stealing from the 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.

by one

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 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.

Procedure where two

1832

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

person of 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 exceeding twelve months; or

1833

(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.

Power to

award

יז

compensation

92. On the conviction of any person of any offence by which injury or loss to person or property has accrued, the convicting magistrate may order the offender to pay to the per- in addition to son aggrieved reasonable compensation, not exceeding one hundred dollars, in addition to any fine or punishment to which he is sentenced.

punishment.

person using

93. If any person behaves in an insulting manner or uses Power to any threatening or insulting expression to or concerning or sentence in the presence of a magistrate when acting in the discharge of insulting any magisterial duty, the magistrate may summarily sentence language to 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 :-

or concerning

Tower to

award com-

pensation or

prosecution

(1) that any charge or complaint was maliciously preferred penalty for without reasonable or probable cause, the magistrate may, on malicious the application of the person against whom the charge or com- or false plaint was made, order the complainant to pay to such person testimony. 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,

Imprison-

ment for

non-pament

1834

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.

95. Whenever a magistrate awards a pecuniary penalty or amends for any offence under the Summary Offences Ordin- of fine under 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.

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. Formis 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.

1835

(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 First the warrant of commitment his consent to the accused being 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.

Schedule.

where

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 deliverance 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. prison when 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 First 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 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.

Schedule.

No. 81.

Review of

decision by magistrate.

1836

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- tion 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).

1837

(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.

APPEALS.

Appeal on question of law.

case on

c. 43, s. 2; 42 & 43, Vict. c. 49, s. 33.

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- viction, order, determination or other proceeding as aforesaid on the ground that it is erroneous in point of law, or that it is 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 Nos. 84 on which the conviction, order or determination was granted (See s. 108 and the grounds on which the proceeding is questioned, for and the opinion of the Full Court.

First

Schedule.

and 87.

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 20 & 21 Vict. referred to as the respondent, and to the Crown Solicitor.

c. 43, s. 3.

magistrate.

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 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.

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-

for argument. 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.

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 case back amended accordingly, and judgment shall be delivered after the ment. same has been amended.

for amend-

20 & 21 Vict.

c. 43, s. 7.

Application for leave

to appeal on

1838

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-

question of

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 magistrate 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.

Love.

1839

(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 officer, in respect of the said case, certificate and recognizance, the fees following:-

1. For the recognizance

$ c.

2.00

2. For drawing the case and copy thereof for appellant, if not exceeding 5 folios of

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

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 certificate to state or amend a case or to grant a certificate for leave to for leave to appeal. appeal, and shall, on the request of the party or person apply- 20 & 21 Vict. ing therefor, sign and deliver to him a certificate of such re- c. 43, 8. 4. 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 certificate for leave to appeal where the application therefor is made to him by or under the direction of the Attorney General.

First

Form

No. 86.

Compelling magistrate

to state or

amend case

or to grant certificate.

c. 43, s. 5.

1840

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 at 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.

20 & 21 Vict. c. 43, s. 6.

Enforcing determination after appeal.

(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 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.

114.-(1) After the decision of the Full Court in relation to any appeal under this Ordinance, the magistrate shall have 20 & 21 Vict. 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.

c. 43, s. 9.

Issue of

warrant of distress or

(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.

1841

(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.

First

No. 90.

(3) On the production of such certificate to any magistrate schedule. 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.

116.--(1) Any judge shall have power to admit to bail Treatment

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　of appellant, any appellant who is in the custody of the Superintendent etc., pending of Prisons, or such judge may order him to be brought up to appeal or the court in custody for the purpose of attending the appeal or any application or proceeding therein.

rehearing.

(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.

c. 23,

(3) The time during which an appellant, pending the 7 Edw. 7, determination of his appeal, is admitted to bail, and, subjects. 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

Provision for absence or

illness of one of the

Judges.

Ordinance

No. 27 of 1912.

Death,

absence or

magistrate.

1842

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.

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 hy 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...

11 & 12 Vict.

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 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 with 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.

1813

121. Where a conviction or order is made by one magis- Action to

be against trate and a warrant of distress or of commitment is granted convicting thereon by another magistrate bonâ fide and without collusion, magistrale. no action shall be brought against the magistrate who so 11 & 12 Vict. granted the warrant by reason of any defect in the conviction c. 44, s. 3. 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

munity

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 to apply to the Full Court, on an affidavit of the facts, for a ding 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 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.

c. 44, s. 5.

no action

warrant

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 upon it 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.

of action prohibited

by the

124. In any case where by this Ordinance it is enacted Setting aside that no action shall be brought in particular circumstances, if any such action is brought, it shall be lawful for a judge, on summons taken out by the defendant and on an affidavit of facts, to set aside the proceedings in the action, with or with- out costs, as to him may seem meet.

Ordinance.

11 & 12 Vict. 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:-

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 between solicitor and client, as from the time of the tender or payment.

notice.

c. 61, s. 1.

Amount of damages in certain cases.

11 & 12 Vict.

c. 44, s. 13.

1844

(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 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

事

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 herein before provided for the recovery of fines.

129. The Magistrates Ordinance, 1890, the Magistrates Amendment Ordinance, 1926, the Magistrates Amendment 1890, No. 2 Ordinance, 1927, the Magistrates Amendment Ordinance, 1928, and the Magistrates Amendment Ordinance, 1931, are hereby repealed.

of 1926,

No. 23 of

1927, No. 16

of 1928 and

No. 21 of 1931.

Commence- ment.

130. This Ordinance shall come into operation on the first day of January, 1933.

1845

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 [or 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

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　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.

On the

day of

information was

•

laid, or 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- pear on

day, the

day of

at o'clock in the

　　　　　　　　　　　　noon, at the said police court, before such magistrate as might then be there, to answer to the said 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.

HONG KONG.

1846

FORM NO. 3.

Warrant in the first instance.

IN THE POLICE Court aT

[ss 9, 66 and 68.]

13.

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

19 1

(Signed.)

Magistrate.

NOTE. When the offence is committed on the high seas [or in joreign 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

•

　　　　　　　　　　　　　　　　　　　　　　　information was laid for 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 said C.D. to a prison, and there to deliver him to the Superintendent of Prisons, 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 for 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, 20, 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

tổ

severally acknowledge ourselves to we Our Sovereign Lord the King the several sums following, namely, the

1847

said C.D. as principal the sum of G.H. as sureties the sum of goods, lands, and tenements if the

hereon indorsed.

Signed (where not taken orally).

Taken [orally] before me the

[L.S.]

}

and the said E.F. and

each, to be levied on our several said C.D. fails in the condition

C. D.

E. F.; G. H.

day of

(Signed.)

Magistrate.

[or Superintendent of 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

[8. 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.8.]

day of

(Signed.)

›

Magistrate.

HONG KONG,

1848

FORM No. 8.

Summons to a witness.

IN THE POLICE Court at

To E.F. [address and description.]

[ss. 15 and 16.]

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 [or 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 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 thereon.

FORM NO. 9.

[ss. 15 and 16.]

Warrant where a witness has not obeyed a summons.

HONG KONG,

IN THE POLice Court AT

To each 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. [address and description] was likely to give material evidence on behalf of the informant [or 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 dourt 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 ine 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

　　　　　　　　　　　　　　　　　　　　　　　　　　　　at 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.)

FORM No. 10.

Magistrate.

[ss. 15 and 16:]

HONG KONG.

Warrant for a witness in the first instance.

تلاقيه

IN THE POLIce Court AT

To each and all of the constables of the said Colony.

יין

1849

　　　[labourer] is likely to give material evidence on behalf of the informant 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.

HƠNG KONG.

IN THE POLICE COURT AT

To each and all of the constables of tha Colony and to the Superintendent of Prisons.

day of

Information having been laid [or complaint having been made, or 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

19 , 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.)

Magistrate.

[ss. 12 and 73.]

FORM No. 12.

Warrant to remand a defendant when apprehended.

HoNG KONG.

IN THE POLICE Court at

To each and all of the constables of the said Colony and to the Superintendent of Prisons.

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 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 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 commanded to convey and have him at the said police

court at

o'clock in the

　　　　　　　　　　　　　　noon of the same day, before such magistrate as may then be there, to answer to the said informa- tion [or complaint, or charge], and to be further dealt with according to law.

Dated this

[L.S.]

day of

, 19

(Signed.)

Magistrate.

HONG KONG.

1850

FORM No. 13,

Minute and depositions of witnesses.

IN THE POLICE COURT AT

[ss. 28 and 75.]

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 [or complaint is made, or who is charged] by A.B. this day before [me], for that he, the said C.D., on the

19 at [describing the offence as in the information, summons, or warrant of commitment].

day of

This deponent E.F. upon his oath [or 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 penalties 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 [stale 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 , 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 wherc, 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, [or 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".

1851

FORM No. 15.

[ss. 22, 35 and 45.]

Janviction 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.

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

[or without costs. *]

for costs

And it is ordered that the said sums be paid forthwith, [or on the

day of

19 or by instalments of for every

days, the first instalment to be paid forthwith or day of on the

　　　　　　　　　　　　　　　　　　,] 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

suin, 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 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 to be paid for his do pay to the said A.B. the sum of

day of

costs in this behalf; and if the said several sums are not paid forthwith 19 ], it is further [or on or before the 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.

HồNG 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

1852

199

C.D. (hereinafter called the defendant) is this day canvicted 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

for every on the

day of

↑

or by instalments of days, the first instalment to be paid forthwith or day of

　　　　　　　　　　　　　　　　　　　　; 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 fand 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- pressly 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

at.

[state offence]; and it is adjudged that the deferdant 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 of

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, [or 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 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

1853

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

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]

in the sum of

above directed.

[each], for the payment of the said sums as

[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 at

　　[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

days, the first

day of

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) [slate 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

1854

defendant, although duly called, not having appeared by himself or his counsel, and it Leing 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 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

in this behalf; and if the said several sums are not paid forthwith [or on or before the

　　　　　　　　　　　　　　　　　　　　　　19 1, 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 shall be sooner raid.

[L.S.]

(Sigued.)

FORM NO. 23.

Magistrate.

[8. 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 for 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 summons 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 or as the Ordinance or statute may require], and also do pay to the said A.B. the sum of

for his costs in this behalf; and if the

day of

said several sums are not paid forthwith, [or on or before the day of

　　　　　　　　　　　* 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 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, "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

day of

1855

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 prisen 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, [or 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.

The

day of

1856

19 >

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 [or 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

for every

}

19 or by instalments of

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 55.1

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 into a recognizance in the sum of

with [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

suret

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 for the space of

unless he shall sooner

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 [or on or before

the

day of

　　　　　　　　　　　19 , 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.H. 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.. 1 G.H., (

}

Sureties

Taken (orally) before me the

[L.S.]

1857

day of

(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

o'clock in the

day of

noon or

　　19 before such magistrate as may then be there, to show cause why the recognizance entered into on the

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

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.

1858

FORM No. 31.

[ss. 22 and 59.]

Order cancelling or mitigating forfeiture of recognizance, (To be indorsed on recognizance).

HONG KONG.

IN THE OLICE 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 soid 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 condition 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 suretics.

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.]

day of

(Signed.)

•

Magistrate.

HONG KONG.

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

•

day

C.D. has been, under a warrant of commitment dated the of

　　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.

1859

FORM No. 34.

[s. 58.]

Oral or written acknowledgment of undertaking to pay a sum adjudged by a conviction.

HONG KONG.

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

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

suret

in the sum of

[each] for the sum at the time and in the manner by the said Now therefore I, the said defendant, as principal,

with payment of the said conviction directed:

and we, E.F., of

, and G.H., of

as sureties for I, E.F., of

　　　　　　　, 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.

(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.

[8. 59.]

Oral or written acknowledgment of undertaking to perform condition of forfeited recognizance.

HONG KONG.

C.D. was by his

IN THE POLICE Court AT

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

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

and G.H., 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

day of

the said principal fails to perform the condition of the said recognizance.

(Signed.)

(where not taken orally)

C.D., Defendant.

E.F., G.H..

Sureties.

day of

(Signed.)

Magistrate.

Taken (orally) before me the

[L.S.]

1860

FORM No. 36.

Declaration of service of summons or other document.

of day, the of

;

•

[s. 23.]

hereby solemnly declare that I did, on day of

19 with the [warrant, summons, notice, process

}

serve

or other document] now shown to me, marked A, by delivering a true

copy thereof at

place of abode,

Taken this

[L.S.]

day of

being his last [or most usual]

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.)

19 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.

1861

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 constabies of the said Colony.

C.D. (hereinafter called the defendant) was on the

day of

day of 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 sad 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 off days next after the making of such distress, the sum of being the sum stated at the foct of this warrant to be due under the shid 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 thay be had according to law

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

Ć.

Amount adjudged,................. Paid,

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. Kova Kova.

IN THE POLICE Court AT

Po [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.

On the

day of

　　　　　　　　　　　　19 , it was adjudged and ordered by the undersigned, for J.P., Esquire,] a magistrate of the said Colony, that C.D. (hereinafter called the defendant) should pay

the sum of

and the sum of

costs [or as the case may be], on or before the

for

chy of

10 , [or as ordered]; and that, if default should be made in payment according to the said adjudication and order, the sum de 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 vot are hereby commanded [proceed as in warrant of distress on conviction for fine.}

1862

FORM NO. 42.

A Warrant of distress for costs on a conviction where the

offence is punishable by imprisonment.

HONG KONG.

IN THE POLICE Court AT

[s. 50.]

To [insert name, etc., of officer where the person executing is 'not a constable and to each and all of the constables of the sa.d Colony.

[labourer,] (hereinafter called the defendant) convicted before

C.D., of. was, on the

　　day of 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 dis'ross, 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 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, 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.

[s. 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 Cat

the said parties having appeared before me. [or the said J P., Esquire, or as it may be in the crder] 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 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-': fendant should be imprisoned in a prison [and there kept to hard- labourd for the space of

10 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

1863

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 default: 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 cut-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

19 爷

(Signed.)

Magistrate.

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. 04.]

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

information was laid for complaint was made] before the undersigned. [or J.P., Esquire, a magistrate cof the, said Colony, for that [etc., as in the order of dismissal]; and afterwards, on the

day of

both parties having appeared before me for the said J.P., Esquire, and the case having been duly heard and considered, and the said information for 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 bv. 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 said 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. toge her 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 ray 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 fourd. 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 RoNG

The

IN THE POLICE Court aT

day of

C.D. (hereinafter called the defendant) was charged for that he, on the

[state offence]; and on the licaring of the said charge, on the

day of

1864.

　　　　　　　　　　before the undersigned [or J.P., Lequire, a magistrate of the said Colony, the magistrate being of opinion that, though the charge was proved, the anence was in the particular case of so trifling a nature that it was inexpedient tò inflict. any punishment, dismissed the information but ordered that the de-. fendant should pay to

*for damages and*

　　　　　　　　　　　　　　　　　　　　　ffor costat; and it was crdered that the said sums should be paid (as in oriler]; [Proceed us 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

declared to be forfeited.

HoNG KONG.

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 ail of the constables of the said Colony.

C.D. was, by his recognizance entered into on the

bound in the sum of

day

the

should [state

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

[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

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 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.)

Magistrate.

Amount due under recognizance,

Paid,

Bemaining due,

Costs of issuing warrant,

*N.B.

Total amount to be levied,

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.

1865

FORM No. 47.

[8. 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 sum 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 commanded [proceed as in warrant of distress for fine].

FORM No. 48.

[s. 58.]

Warrant of distress for sum due by a principal in pursuance of a forfeited security for payment of a sum adjudged by a conviction.

Howa 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.

C.D. (hereinafter called the defendant) was, on the

suret

19 day of

day convicted before the said court for

the sum of

•

that he, on the

[stale offence]; and it was adjudged by the said conviction that the defendant should pay [as 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 [or as 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"].

HONG KONG.

FORM NO 49.

Return to a warrant of distress.

IN THE POLICE Court aT

[s. 47.]

I, W.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

19.

(Signed.)

1866

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

[8. 53 ]

ང་

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.

the constable charged with the execution of the warrant of distress upon the goods of

dated the

Dated this

day of

(Signed.)

HONG KONG.

FORM No. 51.

Total,...

Warrant of commitment in the first instance.

IN THE POLICE COURT AT

[s. 49.]

To each 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 [forthwith], 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.)

FORM No. 52.

Magistrate.

[s. 49.]

Warrant of commitment on an order in the first instance.

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.

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

1867

should pay to the said A.B. the sum of

　　　　　　　　　　　　　　　　for costs; and it was also thereby adjudged that, if he said several sums should not be paid

on or before the

day of

•

the detenuant

should be imprisoned in a prison [and there kept to hard labour] for the space of 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 cominand 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

unless the said several sums should be sooner

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 each 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

મ 1

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- ant's goods; and it now appears, as well by the return of the said con- stable to the said 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 you, 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

FORM No. 54.

[s. 46.]

Warrant of commitment pending return to warrant of distress.

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.

C.D. (hereinafter called the defendant) was, on the

day

19 [or this day] convicted before the said court for that he [state the offence as in the conviction]; and default has been made in payment 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

1868

suret

with

being the day appointed for the return of the said warrant, unless he previously enters into a recognizance in the sum of $

　　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

noon, to be further dealt with according to law; and

for your so doing this shall be your sufficient warrant.

Dated this

[L.9.]

day of

(Signed.)

Magistrate.

FORM No. 55.

Warrant of commitment on a conviction where the punishment is by imprisonment.

HONG KONG.

IN THE POLICE COURT AT

[s. 50.]

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) 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 of

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

; and for your so

doing this shall be your sufficient warrant.

Dated this

[L.S.]

day of

(Signed.)

Magistrate.

FORM NO 56.

[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 each und 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, tỏ wit, on the

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 his disobedience 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 order, a copy of the minute thereof was duly served on the defendant, but he then refused [or neglected] to obey the same, and has not as yet 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 imprison him [and 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.

1869

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.

day of

[Recite the conviction or order and then proceed thus]:-and where- as afterwards, on the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　a warrant 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 Laid 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. 58.

Warrant of commitment for want of distress in the case

mentioned in Form No. 44.

day of

[s. 64.]

[Recite the order of dismissal and then proceed thus]: and whereas afterwards, on the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　a warrant 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

　　　　　　　to me as well by the return to the said. warrant of distress as otherwise, that diligent search for the goods anì 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 shall be sooner

distress, amounting to the further sum of 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 [or 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 maximum term of imprisonment less than the term of imprisonment to which he is liable under the said conviction [or

יין

1870

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.

FORM No. 60.

IN THE POLICE Court at

[§. 29.]

The

day of

No.

Name of informant

complainant.

Name of

Name of defendant.

offence or of matter

Minuto of adjudication.

Magistrate adjudicating.

of complaint.

(1)

(2)

(3)

(4)

(5)

(8)

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)

(Address Description)

Το

•

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

the

noon, to answer the plaintiff's claim, the particulara of which are hereto annexed.

Dated this

[L.S.]

HỒNG KONG.

Between

(Address Description)

(Address Description}

day of

(Signed.)

FORM No. 62.

Summons to witness.

Magistrate.

[s. 61.]

IN THE POLICE Court aT

Plaintiff,

and

Defendant.

1871

, of

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 magis rate of the said Celeny.

Between

(Address

Description)

(Address

Description)

The

day of

and

Plaintiff,

Defendant.

It is this day adjudged that the plaintiff recover against the defend- ant the sum of

for debt [or damages] and

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　for costs, amounting together to the sum of

　　　　　　　　　　　　　　　　　　　　　　and it is ordered that the defendant pay the same to the plaintiff forthwith [or on or before the

day of

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 magistrate [or of

], security in the sum of with one surety [or two sureties] in the sum of [each] for payment 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 costs forthwith [or on or before the

before the

or by instalments of

for every

days, the first instalment to be paid forthwith or on or

day of

　　　　　　　　　　　　　　　　19 ]* and if default is made in payment according to this adjudication and order, it is

•

day of

1872

ordered that the sum due thereunder be levied by distress and sale of the plaintiff's goods.*

[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

　　　　1, security in the sum of [each] for payment of the said sum as above directed."

FORM No. 65.

Judgment summons.

[8. 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 for 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

19 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

Deduct

Paid into the Magistracy Instalments not required

to have been paid before the date of the summons..

Sum payable

Costs of this summons......

(Signed.)

Amount upon payment of which no further proceed-

ings will be had until default in payment of next instalments.

FORM No. 66.

Magistrate.

[8. 61.]

Order of commitment.

HONG KONG.

IN THE POLice Court at

Between

Plaintiff.

(Address Description)

1873

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 payinent 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- Buance 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.)

Magistrate.

Total sum 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 for plaintiff), who was commit-

ted to your custody by virtue of an order of commitment dated the

day of

•

has paid and satisfied

1874

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

Description)

(Address Description)

FORM No. 68.

Distress warrant.

IN THE POLICE COURT AT

and

[s. 61.]

Plaintiff,

Defendant.

To each and all of the constables of the said Colony.

day of

On the

　　　　　　　　　　　　　　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 in payment according to the said adjudication and order: Therefore 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.]

Amount adjudged,

Paid,

day of

(Signed.)

Magistrate.

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.

グ

1875 -

FORM No. 69.

[s. 61.]

Oral or written acknowledgment of undertaking to pay civil debt.

HONG KONG.

Between

(Address

Description)

(Address

Description)

IN THE POLICE COURT AT

Plaintiff,

and

Defendant.

day of

↑

19 ,1

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 princival, 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 pay to

the sum of

defendant fails to perform this undertaking.

(Signed.) (where not taken orally)

in case the

Taken [orally] before me this

[L. S.]

C.D., Defendant.

}

day of

E.F., Sureties. G.H.,

(Signed.)

Magistrate.

PART III.

FORMS FOR INDICTABLE OFFENCES.

HONG KONG.

FORM No. 70.

Caution to and statement by accused.

IN THE POLICE COURT AT

Before J.P, Esquire, a magistrate of the said Colony.

[s. 76.]

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 withesses 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

1876

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 lo 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.

[s. 78.]

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

The

A.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.

oť

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 bel 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 to 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.

[s. 78.]

Notice of the said recognizance to be given to the prosecutor and his witnesses.

HONG KONG.

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 [or 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

1877

there and prosecute and give evidence accordingly, the recognizance entered into by you will be forthwith levied on you.

Dated this

day of

(Signed.)

FORM No. 73.

Magistrate.

[8. 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 19

day of 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 offence 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.

HONG KONG.

1878

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. iǹto 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.

[8. 73.]

Recognizance of bait instead of remand, on an adjournment

of examination.

HONG KONG,

IN THE POLICE Court AT

On the

day of

　　　　　　　　　　　, 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.Si]

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 day of

appear before me on the said 19

; if therefore the said C.D. shall

day of

noon, at

}

　　　o'clock in the 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. 78.]

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

1879

o'clock in the

noon, at

19 ,'at

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　to answer 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.

[8. 97.]

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 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, CD., 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.

1880

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., us in the commitment], for which he was taken ɛnu 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 he, on the

day of [state offence]; and the magistrate having determined to try the case summarily; the defendant is this 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.

1881

FORM No. 83.

[s. 85.]

Order of dismissal where an indictable offence has been tried summarily.

HONG KONG.

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 on the information of A.B. for that he, on the

day of [state offence]; and the magistrate having determined to try the case summarily; 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

19 ]; and

if default is made [proceed as in a conviction for fine to be levied by distress.]

[L.S.]

HONG KONG.

(Signed.)

FORM No. 84.

Magistrate.

Application to magistrate to state a case.

IN THE POLice Court at

✔

[8. 100.]

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. 85.

A.B.

[s. 105.]

Magistrate's certificate for leave to appeal by way of re-hearing.

HONG KONG.

IN THE POLICE COURT AT

day of

}

Whereas on the information [or complaint] perferred by A.B. against C.D., of

, (hereinafter called the defendant) for that he [etc., 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 [or the defendant was ordered to pay the said A.B., the sum of

]

[here state the adjudication of fine, sum, or imprisonment and costs as in a conviction or order, or, if dismissed]: and thereupon the said in- formation [or 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

1882

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.

[8. 110.]

Magistrate's certificate of refusal to state or amend case or to grant leave to appeal.

HONG 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 [or A.B.,] being dissatisfied with the said determination and alleging that he is aggrieved thereby as being erroneous in point of law [or fact], has applied to me pursuant to section 100 for section 105] of the Magistrates Ordinance, 1932, to state and sign a case setting forth the facts and ground of such determination in order that he may appeal therefrom to the Full Court [or to grant leave of appeal to the Full Court by way of re-hearing]; [and, if so, whereas on the

day of

19 , I stated and signed a case accordingly, but the defendant [or A.B.1. 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 for 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 for 4.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 [or A.B.] as aforesaid is merely frivolous, and that I have refused to state such case accordingly [or that I have refused to grant such leave to appeal, or to amend such 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, 1932, 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 [or a complaint] preferred by A.B. (hereinafter called the respondent) against C.D. (hereinafter called the appellant) [or as the case may be], under

1883

section of the [state the Ordinance or statute as the case may be¦ charging, for that he, the appellant [etc., state 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 [or and upon such hearing the appellant was by me ordered to pay] to the respondent the sum of [here 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 him a certificate of such refusal; and whereas the Fuli Court has since granted a rule calling upon me to state such case.]

3. Now therefore I, the said magistrate, in compliance with the said application [or 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 parties], do hereby state and sign the following case.

4. Upon the hearing of the information [or complaint] it was proved on the part of the respondent, and found as a fact, that [here state so much of the evidence given and of the facts as are necessary to raise the point of law 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 there state the decision and judgment].

1884

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, etc.

Dated this

day of

[L.S.]

(Signed.)

•

Magistrate.

HONG KONG.

FORM No. 88.

Recognizance of appeal.

IN THE POLICE COURT AT

[s. 108.]

[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 certain 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 state 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 KONG.

IN THE POLice Court AT

[s. 108.]

To the Superintendent of Prisons in the said Colony.

day

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 of

19 that he may enter into a recognizance with

day of

day, the o'clock in the

suret

noon,

conditioned to appear and try an appeal from the conviction [or order], dated the

　　　　　　　　　　　19 of the undersigned [or 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.

[s. 115.]

FORM NO. 90.

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

[or order] of J.P., Esquire, a magistrate of the said Colony, came on to be tried, and was then heard and determined, and the Full Court

1885

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

19 > 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.

day of

Dated this

[L S.]

day of

(Signed.)

•

SECOND SCHEDULE.

Registrar.

RULES. [ss. 29, 56, 57, 58 and 127.]

•

Summary proceedings.

1.-(1) When, iu pursuance of s. 28 (2) of this Ordinance the Returns to magistrates' clerk receives a minute of proceedings, he shall forth- magistrate. with enter particulars of such minute in chronological order in a

return in Form No. 1 in the appendix to these Rules, which shal! Appendix.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Form No. 1. be authenticated by the signature of one of the magistrates.

(2) The return shall show the appropriation of any fine or penalty imposed.

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

entry. sum of money received by him on any account whatever.

(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

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　dispensed be required to render any other account relating to the same

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　with. particulars.

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.

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.

1886

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 book, 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 magistrates' 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 stating case.

Costs of drawing and copying case.

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 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.

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.

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)

(8)

FORFEITURES.

Revenue

Reward

Fund.

Ordinary.

ඒ

€A-

* Arms.

Poor Box.

دم

Fees.

Amends.

(9)

(10)

(11)

(12)

(13)

Miscel-

laneous

Receipts.

(14)

(15)

1887

HONG KONG.

Summary.

FORM NO. 2.

IN THE POLICE Court at

No. of CASES AS RECORDED.

ARRESTED.

On Without Warrant. Warrant.

Summoned.

Name of

Inform-

ant or

Com-

plainant.

Name of

Defend-

ant.

Nature of

Offence or matter of

Complaint.

Ordin-

ance or

Statute.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Whether committed

INES.

No. of

Minute of

Adjudi-

cation.

Magis-

Date of

Com-

trate

Adjudi-

Order if

mittal

made.

cating.

FORFEITURES

Amount where option is Given.

Warrant

if any.

Fine. Amends.

(9)

(10)

(11)

(12)

(13)

(14)

to prison, bound

over, whipped,

cautioned or

discharged or Ordinary.

Revenue

Reward

Revenue

Poor

Box.

Fees.

Amends.

Arms. Ordinary.

Miscel-

laneous

Receipts.

payment deferred.

Fund.

Reward

Fund.

Arms.

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

1888

1889

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.**

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.

No. 1 of 1868.

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, 1898, 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.

1890

Objects and Reasons.

This Ordinance consolidates and to some extent amends the law relating to magistrates and their powers. A Table of Correspondence is attached which shows the source of each section. The chief amendments made are as follows:

(1) Sections 39 to 42 and section 44 have been transferred bodily from the Summary Offences Ordinance, 1845, in which they appear as sections 37, 38, 39, 40 and 43.

All the provisions of these sections are more appropriate to a Magistrates' Ordinance.

(2) Section 43 is new, being derived mainly from the Police Property Act, 1897, (60 & 61 Vict. c. 30), which empowers a magistrate to make orders in respect of property that has come into the possession of the police in connection with any crime, [cf. s. 45 of the Summary Offences Ordinance, 1845], with the proviso (derived from s. 41 of the same Ordinance) that no order for forfeiture of property of which the owner is unknown shall be made within twelve months.

(3) Section 80 (old section 77) has been redrafted to meet a point recently raised as to the effect of a committal for trial when the criminal session of the Supreme Court for the month in which the accused is committed opens considerably later than the average date, i.e., the 18th. of the month.

... For example, the July, 1932, session did not open until August 2nd., 1982. Under section 77 of No. 3 of 1890 any accused person committed for trial between the 10th. July and the 1st. August should, according to the letter of the law, have been tried at that session, whereas the obvious intention of the section is to require that any such committal should be one for trial at the session to be opened on or about August 18th.

(4) In section 94 (old section 90) the maximum amount of compensation that a magistrate can order where a complaint has been maliciously preferred and the maximum penalty he can inflict for the wilful giving of false testimony before him have been raised from $50 to $100 in each case. Section 42 of No. 1 of 1845 (which section is no longer needed and does not appear in the Bill of the Summary Offences Ordinance, 1932), already empowers a magistrate to grant compensation up to $100 to the victim of a malicious and vexatious pro- secution.

(5) Old section 93 providing penalties for drunkenness has been omitted. Its provisions appear in the Bill of the Summary Offences Ordinance, 1932, to which they are more appropriate.

(6) In section 101 (old section 96) a new provision has been added (para. 6) making it lawful, where a magistrate granting a review considers it desirable, for another magistrate to re-hear and determine the case.

(7) Section 125 takes the place of old sections 120, 121, 122 & 123. It is derived from the Public Authorities Pro- tection Act, 1893, (56 & 57 Vict. c. 61), section 1 of that Act having replaced sections 8, 9, 11 and 12 of the Justices' Protection Act, 1818 (11 & 12 Vict. c. 44), from which sections 120-123 of Ordinance No. 3 of 1890 were taken.

C. G. ALABASTER,

Attorney General.

November, 1932.

}

1891

THE MAGISTRATES ORDINANCE, 1932.

TABLE OF CORRESPONDENCE

Section of old Ordinance. No. 8 of 1890.

£8 and 4 already

repeated.]

Section of new Ordinance.

12-17

10-15

17A

18-30

17-29

31A

.82

38.389

33-38

Remarks.

A new consolidating Ordinance.

2 (for required" added after 'empowered" to cover cases in which a magistrate must commit. (1) "Prison" more precisely defined.

s.s. (2) as amended by No. 2 of

1926. s. 2.

As amended by No. 2 of 1926, s. 3, and No. 23 of 1927, s. 2.

s.s (2) as amended by No. 23 of 1927, S. 3. "other Enact- ment" for "other Ordinance".

As amended by No. 23 of 1927,

8. 4.

39,40,41

42, and 44

Enacted by No. 2 of 1926, s. 4.

"any" for "the" in line 8 of

s. 21 (old

S. 22), "said" deleted in s. 29 (4) (old s. 30).

As amended by No. 23 of 1927. 8. 5. Damages raised from ten to twenty, and security from two hundred to five hundred, dollars maximum'.

As enacted by No. 2 of 1926,

s. 5.

As amended by No. 23 of 1927,

8. 6.

کو

In s. 34 s.s. (2) Penalty for non- compliance with order raised from one to two hundred dollars.

New sections transferred from No. 1 of 1845. (Summary Offences) in which they were sections 37, 38, 39. 40 and 43. In sections 41 and 42 a sub-section excluding pawn- brokers has been added. See Ordinance No. 16 of 1930, s. 30. In section 44, penalty raised from one to two hund- red dollars. In section 41 "lent" substituted for ad- vanced and "lender" added after "dealer"

1892

Table of Correspondence.

Section of

old Ordinance.

No. 3 of 1890.

Section of new Ordinance.

39-44

Remarks.

new section based on the Police Property Act, 1897, and empowering a magistrate to make orders in respect of pro- perty in police possession, with a proviso derived from s. 41 of the Summary Offences Ordinance for non-forfeiture within 12 months.

45-50

As substituted by No. 2 of 1926,

8. 6.

40-48

52-54

[49]

50-53

55-58

55-60

60-65

[61 already

repealed]

62-67

66-71

[68 already

repealed]

69-72

72-75

75-76

78-79

78A

Repealed by No. 23 of 1927,

S. 7.

"in

such manner 36 the Colonial Treasurer may direct" for in the manner in which fines imposed by such magis- trate, in respect of which fines no special appropriation is made, are payable and applic able" in 8.8. (3).

"person" for "witness" in line 6 of 8. 72 (1) and 'person so summoned" for "witness" in line 1 of s. 72 (2) (old s. 69).

As amended by No. 21 of 1931,

8. 2.

As amended by No. 21 of 1931,

8. 3.

Redrafted (see Objects and Rea-

sons).

As enacted by No. 23 of 1927,

8. 8.

As enacted by No. 23 of 1927.

s. 9

Section of

old Ordinance. No. 3 of 1890.

1893

Table of Correspondence.

Section of new Ordinance.

Remarks.

80.

81-84

85-88

As amended by No. 23 of 1927, s. 10. Appoint" for "fix" in the last line.

As amended by No. 23 of 1927, s. 11 and No. 7 of 1931, s. 10.

8. 92 as amended by No. 2 of

1920, s. 7.

Compare s. 42 of Summary

Offences Ordinance, 1845: penalty increased from $50 to $100 both for malicious prosecution and for perjury.

86-89

90-93

91-92

95-96

Transferred in amended form to new Summary Offences Ordin-

ance.

[93A already

repealed]

97-98

94-95

As substituted by No. 16 of 1928. Now amended by in- sertion of new provision (s.s. 7) making it possible for a case in which one magistrate has granted a review, to be re- heard ab initio by another. "The refusal of a magistrate to grant a review" added at beginning of s.s. 10.

[97 already

repealed]

100

101

As amended by No. 23 of 1927,

s. 14.

100

102

As amended by No. 23 of 1927,

8. 15..

101

103

102

104

103

105

104

106

105

107

As amended by No. 23 of 1927,

s. 16.

As amended by No. 23 of 1927,

s. 17.

As amended by No. 23 of 1927, 18. "allow or' added before "dismiss".

1894

Table of Correspondence.

Section of old Ordinance

No. 3 of 1890.

Section of new Ordinance.

Remarks.

100

108

100A

109

110-111

As amended by No. 23 of 1927,

3. 19.

As enacted by No. 23 of 1927,

*. 20.

As enacted by No. 23 of 1927, 2. 21, "for a case stated to ba sent back for amendment" added after "section 101 (old 102)."

107-108

108A

112

109-110-111

113-114-115

112

116

113

117

113A

118

114-116

119-121

117

122

118-119

123-124

120-123

125

124-126

126-128

127

As substituted by No. 23 of 1927,

8. 22.

As enacted by No. 23 of 1927,

3. 23.

"his" for "the" in line 2.

A new section based on the Public Authorities Protection Act, 1893, section 1 of tint Act having taken the place of sections 8, 9, 11 and 12 of the Justices I'rotection Act, 1848, from which sections 120, 121, 122 and 123 respec- tively of No. 3 of 1890 were derived.

129

130

As enacted by No. 23 of 1927, 8. 24.-now omitted, its pro- visions having been transferred to the new Summary Offences Bill.

Repeals.

Commencement-Simultaneo'is-

ly with the new Surinary Offences and Police Force Or- dinances.

1895

Table of Correspondence.

FIRST SCHEDULE..

Form in Schedule to old Ordinance No. 3 of 1890.

Form in Schedule to new Ordinance.

Remarks.

All forms

"A prison" for "the Gaol" wherever appearing.

72-91

71-90

Rule in Schedule to old Ordinance

No. 3 of 1890.

SECOND SCHEDULE.

Rule in Schedule to new Ordinance.

Remarks,

1- 8

1- 6

Redrafted.

0-18

7-16

Forms Nos. 1 and 2 Forms Nos. 1 and 2

Redrafted.

THIRD SCHEDULE.

Offence in Schedule Offence in Schedule

to old Ordinance

to new Ordinance.

No. 3 of 1890.

Remarks.

As amended by No. 23 of 1927,

16-18

14-16

As amended by No. 16 of 1928.

Repealed by No. 10 of 1928.

"Twenty-five" for "ten" in line 3.

1896

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. S. 479.-The following names of successful tenderers are notified for general information :-

Government Notification.

Particulars.

Firms.

S. 368 of 30.9.32.

Tender for Chinese Cemeteries.

S. 369 of 30.9.32.

Tender for providing and fixing boundary

stones to lots.

S. 370 of 30.9.32.

S. 373 of 30.9.32.

S. 392 of 7.10.32.

S. 393 of 7.10.32.

S. 400 of 14.10.32.

S. 401 of 14.10.32.

S. 408 of 19.10.32.

S. 409 of 20.10.32.

S. 410 of 21.10.32.

S. 411 of 21.10.32.

Tender for maintenance of Water Works.

Tender for the maintenance, repair, &c. of

Government Buildings.

Tender for Addition to P.W.D. Offices.

Tender for Wireless Broadcasting Station,

Kowloon.

Tender for maintenance and repairs to Port

Works.

Tender for the supply of Junks for Govern-

ment Grab Dredgers Nos. 1 and 2.

Tender for repairs to No. 1 Police Launch. ⠀

Tender for repairs to R. L. "Kwong Lee'

Messrs. Kung Tai.

Messrs. Yuen Hing

Ho.

Messrs. Kin Lee &

Co.

Districts Nos. 1 & 2. Messrs. Hop Cheong

& Co. District No. 3. Messrs. Hop Shing

& Co.

Messrs. Eastern

Mercantile and Construction Co.

Messrs. Tung Shan

& Co.

Within Harbour

Limits.

Messrs. Chung Lee

& Co. Outside Harbour

Limits.

Messrs. Ching Lee

& Co.

Messrs. Kin Yick

Lung.

Messrs. Peninsula

Dock Co., Ltd.

Messrs. Kwong

Cheung Hing.

Mr. Yee Kong.

Tender for the supply of Flower Pots.

Tender for supplying Blacksoil and Turfing. Messrs. Wing

Cheong.

Government Notification.

1897

Particulars.

Firms.

S. 412 of 21.10.32.

S. 414 of 21.10.32.

S. 423 of 28.10.32.

S. 424 of 27.10.32.

Tender for making Tree Pits, Planting

Trees and Sowing Seeds "in situ ".

Tender for the Purchase of Pine Trees, Brushwood and Prunings from Trees.

Tender for Un Long Nullah and Improve-

ments.

Tender for repairs to Grab Dredger No. 2.

Messrs. Wing

Cheong.

Messrs. Wing

Cheong.

Messrs. Pang Loong

& Co.

Messrs. Peninsula Dock Co., Ltd.

Tender for New Kowloon Quarry Lot No. 1. | Mr. Li Kwan.

S. 425 of 28.10.32.

S. 436 of 4.11.32.

Tender for repairs to No. 3 Fire Float.

S. 437 of 1.11.32.

Tender for Medical Department Contract.

S. 439 of 4.11.32.

Tender for repairs to Grab Dredger No. 1.

S. 450 of 10.11.32.

S. 452 of 10.11.32.

S. 460 of 17.11.32.

Tender for the supply of Labour and Stores,

Botanical and Forestry Department.

Tender for Boots, H.K.V.D.C.

Tender for repairs to Steam Launch "G.P.O.

2".

Messrs. The Taikoo

Dockyard and Engineering Co. of Hong Kong, Limited.

Schedule No. 1. Messrs. A.S. Watson

& Co., Ltd. Schedule No. 3. Messrs. Dairy Farm, Ice and Cold Storage Co., Ltd. Schedule Nos. 4 & 5. Messrs. Hop Kee.

Schedule No. 6.

Messrs. Tak Cheong.

Messrs. The Hong

Kong and Whampoa Dock Co., Ltd.

Mr. Sit Wing Sing.

Messrs. Fook Sing.

Messrs. Kwong

Cheung Hing.

2nd December, 1932.

W. T. SOUTHORN,

Colonial Secretary.

1898

COLONIAL SECRETARY'S DEPARTMENT

No. S. 480.-It is hereby notified that information has been received from the League of Nations Eastern Bureau, Singapore, to the effect that the restrictions gazetted as No. S. 258 have been removed.

2nd December, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 481.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government Notification.

Philippine Ports.

All ports in the United States of America, including the Hawaiian Is- lands

Bangkok.

All ports in the United States of America, including the Hawaiian Is- lands.

Bangkok.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew.vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

16th April, 1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

18th July, 1932.

No. S. 270.

Do.

20th August, 1932.

No. S. 302.

2nd December, 1932.

W. T. SOUTHORN,

Colonial Secretary.

TREASURY.

　　No. S. 482-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Cleaning Typewriters", will be received at the Colonial Secretary's Office until Noon of Monday, the 19th December, 1932, for the monthly cleaning and maintenance of typewriters in all Government Offices during the year 1933.

For further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

EDWIN TAYLOR,

28th November, 1932.

Treasurer.

1899

DISTRICT OFFICE, SOUTH.

　　No. S. 483.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 16th day of December, 1932.

　　The Lot is sold for the term of Seventy-five years from the 1st day of July, 1893, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Building Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $300.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Registry No.

Locality.

Square feet. Price.

Annual Upset Crown

Rent.

Lantao Island

Peak Lot No. 23.

Lantao Peak.

2,500

Subject to readjustment as

provided by the Conditions of Sale.

€9

€A

2nd December, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT Office, Tai Po.

　No. S. 484.-It is hereby notified that the following Letting of Crown Land by Public Auction, will be held at the Land Office, Ping Shan at 11 a.m., on Thursday, the 15th day of December, 1932.

The Lot is let for the term of One year from the 1st day of July, 1932 as a fishpond Lot.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Annual

Locality.

Upset in

Crown

Price.

Acres.

Rent.

No.

D. D.

Lot.

feet. feet. feet.

feet.

120

3515

Un Long.

As per plan deposited in the 15 ac.

District Office, North.

Nil.

.90

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

1900

DISTRICT OFFICE, TAI Po.

No. S. 485.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 14th day of December, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 8 as Building Lots, Lot No. 9 as a Garden and Orchard Lot, Lot No. 10 as a Garden Lot, Lots Nos. 11 to 17 as Agricultural Lots and Lots Nos. 18 to 21 as Threshing Floor Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 8 are further subject to Special Condition No. 2 (a). Lots Nos. 9 to 17 are further subject to Special Condition No. 1 (a), (b) and (c). Lots Nos. 1 and 9 are further subject to Special Condition hereunder specified. Lots Nos. 18 to 21 are further subject to Special Condition No. 1 (a) in the above Government Notification.

The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5. are $5,000, $500 $750, $750, $750, $250, $250, and $250 respectively.

}

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D.

Lot.

Contents in Acres, or Square feet.

Price.

Annual Upset Crown

Rent.

feet. feet. feet. feet.

€

1 179

653

Tung Lo Wan.

As per plan deposited in the District Office, North.

4,000 sq. ft..40

10.00

185

330

Sheung Wo Tse.

800

2.00

874

San Uk Ling.

896

1.50

876

896

1.50

2273

Chung Uk Tsun.

925

1.50

8 1758

Pak Ngau Shek.

175

.50.

204

511

Yung Shu Au.

403

.50-

292

447

Ha Yeung.

325

.50

179 654

Tung Lo Wan.

4:40 acres.

478

4.40

185

331

Sheung Wo Tse.

•11 acre.

.20€

1183

Shek Ku Lung.

•23

.30

974

Shau Tau Kok.

*05

.10

63 325

Yung Shu Au.

.10

215

566

Sai Kung.

*09

.10.

567

⚫07

.10.

568

*04

.10

180

131

Tai Wai.

*05

.10

875

San Uk Ling.

⚫01

.10

1901.

PARTICULARS OF THE LOTS,--Continued.

Boundary Measurements.

Registry No.

Contents

Locality.

No. D. D

Lot.

Acres, or Square feet.

Price.

Upset Crown

Annual

Rent.

128

877

San Uk Ling.

As per plan deposited in the District Office, North.

01 acre.

.10.

20 204

510

Yung Shu Au.

.10.

21 244 1936

Ho Chung.

*01

SPECIAL CONDITIONS TO LOTS Nos. 1 AND 9.

Purchaser to pay licensee of F. L. No. 330 $2.25 and licensee of F. L. 329 $13.50 for pine trees on the Lots.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

· DISTRICT OFFICE, TAI Po.

No. S. 486.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 14th day of December, 1932.

The Lots are let for the term of One year from the 1st day of July, 1932, as Agricultural Lots.

Registry No.

No. D. D. Lot.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Locality.

Contents in Upset Crown

Annual

Acres:

Price.

Rent

feet. feet. feet. feet.

189

213

Kang Hau.

As per plan deposited in the District Office, North.

01 arce.

Nil.

.10

214

*03

.20

215

*08

.40

216

.66

175

*37

2.70

at 1.50

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

1901.

PARTICULARS OF THE LOTS,--Continued.

Boundary Measurements.

Registry No.

Contents

Locality.

No. D. D

Lot.

Acres, or Square feet.

Price.

Upset Crown

Annual

Rent.

128

877

San Uk Ling.

As per plan deposited in the District Office, North.

01 acre.

.10.

20 204

510

Yung Shu Au.

.10.

21 244 1936

Ho Chung.

*01

SPECIAL CONDITIONS TO LOTS Nos. 1 AND 9.

Purchaser to pay licensee of F. L. No. 330 $2.25 and licensee of F. L. 329 $13.50 for pine trees on the Lots.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

· DISTRICT OFFICE, TAI Po.

No. S. 486.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 14th day of December, 1932.

The Lots are let for the term of One year from the 1st day of July, 1932, as Agricultural Lots.

Registry No.

No. D. D. Lot.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Locality.

Contents in Upset Crown

Annual

Acres:

Price.

Rent

feet. feet. feet. feet.

189

213

Kang Hau.

As per plan deposited in the District Office, North.

01 arce.

Nil.

.10

214

*03

.20

215

*08

.40

216

.66

175

*37

2.70

at 1.50

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

1902

DISTRICT OFFICE, TAI PO.

No. S. 487.--It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 15th day of December, 1932.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lot No. 1 as a Building and Garden Lot, Lots Nos. 2 to 6 as Building Lots, Lots Nos. 7 to 21 as Agricultural Lots and Lots Nos. 22 to 26 as Orchard Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 6 are further subject to Special Condition No. 2 (a). Lots Nos. 7 to 26 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lots Nos. 22 to 26 are further subject to Special Conditions hereunder specified.

The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $1,000, $500, $500, $250, $250, and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Locality.

No. D. D. Lot.

Contents in Acres, or Square feet.

Annual

Upset Crown

Price.

Rent.

ᎦᏅ

feet.

feet. feet. feet.

1 131

814

Castle Peak.

As per plan deposited in the District Office, North.

13,500 sq. ft. 135

15.50

109

1550

Kam Tin.

780

со

1551

Fui Sha Wai.

462

1.00

1552

420

130

2521

Nai Wai.

434

.50

131

817

San Hui.

.50

1835

Lok Ma Chau.

'01 acre.

.10

104 1118

Wai Tsai.

*10

.10

1119

*08

.10

1120

*07

.10

1121

'07

.10

1122

*06

•10

1123

.*10

.10

1124

*06

.10

1125

-10

.10

1126

⚫04

.10

1127

•10

.10

1128

04.

.10

1129

*02

.10

1130

*01

.10

هر

1903

PARTICULARS OF THE LOTS,-Continued.

Boundary Measurements.

Registry No.

Contents

Annual

Locality.

Upset

Crown

Price.

Acres.

Rent.

No.

D. D.

Lot.

feet.

feet. feet. feet.

€9-

104 4190

Wai Tsai.

As per plan deposited in the District Office, North.

161 acs.

176

1.70

22 83

114

1583

Liu Kung Tin.

•24

.50

1585

*02

.10

1587

*10

.10

1589

·42

.50

1673

4:00

436

4.00

SPECIAL CONDITIONS TO LOTS Nos. 22 to 26.

1. Purchaser shall within 12 months from the date of purchase plant 50% of the whole area with fruit trees to the satisfaction of the District Officer, North.

2. Purchaser shall within 24 months from the date of purchase plant the remainder of area with fruit trees to the satisfaction of the District Officer, North.

3. Any of the following fruit trees to be planted and not more than 10 feet apart. Laichi, Peach, Orange, Lemon, Lime, Pumelo, Custard Apple, Persimmon, Olive, Banana, Papaya.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 488.--It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 15th day of December, 1932.

　　The Lot is let for the term of Five years from the 1st day of July, 1932, as -an Agricultural and Orchard Lot subject to Special Conditions hereunder specificed.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Locality.

Acres. Price.

Annual Upset Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

127

341

Fui Sha Wai.

As per plan deposited in the District Office, North.

74 acre.

Nil. 2.00

هر

1903

PARTICULARS OF THE LOTS,-Continued.

Boundary Measurements.

Registry No.

Contents

Annual

Locality.

Upset

Crown

Price.

Acres.

Rent.

No.

D. D.

Lot.

feet.

feet. feet. feet.

€9-

104 4190

Wai Tsai.

As per plan deposited in the District Office, North.

161 acs.

176

1.70

22 83

114

1583

Liu Kung Tin.

•24

.50

1585

*02

.10

1587

*10

.10

1589

·42

.50

1673

4:00

436

4.00

SPECIAL CONDITIONS TO LOTS Nos. 22 to 26.

1. Purchaser shall within 12 months from the date of purchase plant 50% of the whole area with fruit trees to the satisfaction of the District Officer, North.

2. Purchaser shall within 24 months from the date of purchase plant the remainder of area with fruit trees to the satisfaction of the District Officer, North.

3. Any of the following fruit trees to be planted and not more than 10 feet apart. Laichi, Peach, Orange, Lemon, Lime, Pumelo, Custard Apple, Persimmon, Olive, Banana, Papaya.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

DISTRICT OFFICE, TAI PO.

No. S. 488.--It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a.m., on Thursday, the 15th day of December, 1932.

　　The Lot is let for the term of Five years from the 1st day of July, 1932, as -an Agricultural and Orchard Lot subject to Special Conditions hereunder specificed.

PARTICULARS OF THE LOT.

Registry No.

Boundary Measurements.

Contents

Locality.

Acres. Price.

Annual Upset Crown

Rent.

No. D. D.

Lot.

feet. feet. feet. feet.

127

341

Fui Sha Wai.

As per plan deposited in the District Office, North.

74 acre.

Nil. 2.00

1904

SPECIAL CONDITIONS.

　　　1. The lessee shall within twelve months from the date of lease plant 50% of the area with fruit trees, such trees not to be more than 10 feet apart.

2. Remainder of area shall be similarly planted with fruit trees within 24 months from date of lease to the entire satisfaction of the District Officer, North.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No. S. 489.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Hot Water Apparatus for Kowloon Hospital", will be received at the Colonial Secretary's Office until Noon of Monday, the 12th day of Decem- ber, 1932. The work consists of the installation of Boilers, Calorifiers, Radiators, etc. supplied by Government and the supply and erection of certain materials by the Contractor.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

1st December, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 490.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for Sundry Works at the Botanical Gardens", will be received at the Colonial Secretary's Office until Noon of Monday, the 19th day of Decem- ber, 1932. The work consists of the erection of a Shelter, a fountain, approach steps and minor items.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

1st December, 1932.

R. M. HENDERSON,

Director of Public Works.

1904

SPECIAL CONDITIONS.

　　　1. The lessee shall within twelve months from the date of lease plant 50% of the area with fruit trees, such trees not to be more than 10 feet apart.

2. Remainder of area shall be similarly planted with fruit trees within 24 months from date of lease to the entire satisfaction of the District Officer, North.

30th November, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office. The Government does not bind itself to accept the lowest or any tender.

1st December, 1932.

R. M. HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

1st December, 1932.

R. M. HENDERSON,

Director of Public Works.

1905

PUBLIC WORKS DEPARTMENT.

　　No. S. 491.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 19th day of December, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Kowloon Inland Lot No. 3054.

Yaumati

အံ

Contents

sq. feet.

Annual Upset Rental. Price.

feet.

feet. feet.

feet.

About

As per sale plan.

12,890 236 32,225

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

2nd December, 1932.

R. M HENDERSON,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 492.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 19th day of December, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Upset Rent. Price.

feet. feet. feet.

feet.

About

New Kowloon ! Un Chan Street,

As per sale plan.

6.030

110

15,075

Inland Lot

Shamshuipo.

}

No. 2001.

The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

2nd December, 1932.

R. M. DENDErson,

Director of Public Works.

No. S. 493.

1906

NOTICES TO MARINERS.

No. 90 of 1932.

　　　It is hereby notified that during the year ending 31st December, 1933, examinations for Certificates of Competency as Masters, Mates and Engineers will be held on the following dates :-

Tuesday, 11th July.

Tuesday, 3rd January.

17th January.

7th February.

21st February.

7th March.

21st March.

4th April. 18th April.

2nd May.

16th May.

30th May.

13th June.

27th June.

25th July.

8th August.

22nd August.

5th September.

19th September.

3rd October.

17th October.

31st October.

•

14th November.

28th November.

12th December.

Candidates for examination for Certificates of Competency for Masters and Mates should present their papers to the Examiner at the Harbour Office at 10 a.m., the day before the examination.

Candidates wishing to sit on Tuesday, 3rd January, 18th April, 8th August and 5th September, should present their papers on the morning of those days, the preceding days being General Holidays.

　　　Candidates for examination for Certificates of Competency for 1st and 2nd Class Engineers should present their papers to the examiner at the Government Marine Surveyors Office at 9.30 a.m., at least three days before the examination.

Hong Kong, 2nd December, 1932.

G. F. HOLE,

Harbour Master, &c.

11.

1907

The following notice has been issued by the Board of Trade and will come into force in Hong Kong on 1st January, 1933.

G. F. HOLE,

Harbour Master

Hong Kong, 1st December, 1932.

NOTICE.

MOST IMPORTANT.

HELM OR STEERING ORDERS. Change to Direct System-1st January, 1933. Under the Merchant Shipping Act, 1932, which comes into force on the 1st of January, 1933, the present indirect system of helm or steering orders will no longer be per. missible, and all helm or steering orders are to be given in the direct sense as explained below.

The various associations representing ships' officers, seamen, etc., who have been consulted by the Board of Trade are all of the opinion that the words STARBOARD and PORT should continue to be used for giving helm or steering orders in the British Mercantile Marine, but that in order to emphasise the change to the direct system the warning word "wheel" should be used with the order for a short period after the change comes into operation.

"PORT"

On and after 1st January, 1933, the order "STARBOARD" must only be given when it is intended that the wheel, the rudder blade and the head of the ship should go to starboard. must only be given when it is intended that the wheel, the rudder blade and the head of the ship should go to port. The orders to be used teinporarily during the period immediately after the 1st January, 1933, would be:-

"Wheel to starboard" and "Wheel to port"

"Starboard the wheel" and "Port the wheel"

(The former alternative is considered preferable by the Board of Trade.)

On vessels steered by hand-tiller the order "STAR- BOARD" must only be given if the rudder blade and the head of the vessel are to move to starboard, and the order PORT must only be given if the rudder blade and the head of the vessel are to move to port.

Mercantile Marine Department,

Board of Trade,

September, 1932.

蠢

1912

IN THE SUPREME COURT OF ·

HONG KONG.

IN BANKRUPTCY.

No. 17 of 1932.

Notice of Adjudication.

Re Carlos Victor Castro, of 14, Caroline Road, (irst floor). Victoria, in the Colony of Hong Kong, Clerk.

THE ljudicated Bankrupt on the 5th HE above-named Carlos Victor Castro

day of November, 1932.

Dated the 29th day of November, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of Receiving Order and First General Meeting of Creditors.

No. 28 of 1932.

Re Mario Rocha of No. 67, Whitfield Road, Causeway Bay, Victoria, in the Colony of Hong Kong, Clerk.

Petition dated the 8th day of October, 1932. Receiving Order dated the 5th day of November, 1932.

OTICE is hereby given that Thursday,

Notheth day of De&imber, 1932, at 10.30

　　　　　o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor shall be adjudged bankrupt.

Dated the 2nd day of December, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF HONG KONG,

PROBATE JURISDICTION.

In the Goods of Cawasji Furdoonji I ostwalla alias (awasji Furdoonjee

Cawasjee Cawasji Furdoonji

Postwala alias Cawasji Postwalla alias

　　　　　　　Cawasjee Postwala alias Cowasji Fardoonjee Post walla

　　　　　　　　　　　Ferdoonji Postwala late of Jogeshweri in Salsette Taluka Thana Distr ct Bombay in British India, deceased.

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to 29th December, 1932.

　　　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 2nd day of December, 1932.

DEACONS,

Attorney for the Administrator,

1, Des Voeux Road Central,

Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 13 of 1924.

Notice of Dividend Declared.

Re Chan Shiu Tsun, of No. 63. Des Vœux Road Central, Victoria, in the Colony of Hong Kong, Clerk.

A THIRD dividend of $5.00 per cent has

been declared in the above-matter.

NOTICE is hereby given that the above-

mentioned dividend may be received at the Official Receiver's Office, Victoria, aforesaid on the 7th day of December, 1932, between the hours of 10 a.m. and 4 pm. and on any subsequent day during office hours.

Creditors applying for payment must pro- dure any bills of Exchange or other securities held by them, and must sign a receipt in the prescribed form.

Dated the 2nd day of December, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the mater of the Estate of William Knox Cochrane late of Roselea Twenty Talbot Street, Grangemouth, Scotland, Marine Engineer, deceased.

OTICE is hereby given that the Court

has, by virtue of Section 58, of The Pro- bates Ordinance 1897, (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 26th day of December, 1932.

Creditors and claimants are hereby required to send their claims to the undersigned by the above date.

Dated this 29th day of November, 1932.

T. M. HAZLERIGG,

Of cial Administrator.

In the matter of The Companies Ordin

ance 1911.

and

In the Matter of The Tai Tung Match

Company, Limited.

SPECIAL RESOLUTION

Passed 10th November, 1932; Confirmed 26th November, 1932.

AT an Extraordinary General Meeting of the

Tai Tung Match Company, Limited, duly convened and held at the office of the Com- pany, Asiatic Building, Queen's Road Central, Victoria, in the Colony of Hong Kong, on Thursday, the 10th day of November, 1932, the sub-joined Extraording Resolution was duly passed and at a subsequent Extraordinary General Meeting of the Company, also duly convened and held at the same place on Satur- day, the 26th day of November, 1932, the Sub joined Extraordinary Resolution was duly confirmed as a Special Resolution, namely:

"That the Company be wound-up volun- tarily and that Archibald Ritchie

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 20 of 1925.

Notice of Intended Dividend.

Re The Wing Hing Bank and Li Wing Kwong and Li Shun Fan, Partners thereof.

FINAL dividend is intended to be de-

Aclared in this matter.

Creditors who have not proved by the 3rd day of January, 1933, will be excluded.

Dated the 2nd day of December, 1932.

NGAI SZ YAM, Trustee.

GREEN ISLAND CEMENT COMPANY,

LIMITED.

NOTICE is hereby given that at a

of Board of Directors of Green Island Cement Company, Limited, held at Exchange Building, Victoria, in the Colony of Hong Kong, on Wednesday, the 17th day of August, 1932, a Call of $2.75 per share was made upon all the members holding shares, whose names appear in the Company's register of share- holders on the 17th day of August, 1932, upon which only $100 per share has been paid, and it was determined that such (all should be paid on the 31st day of December, 1932, to the Company's Bankers, The Hong Kong & Shang- hai Banking Corporation, at their Head Office, Queen's Road Central, Victoria, aforesaid.

Upon presentation at the Office of the Com- pany of Bankers' Receipt for the payment of such Call, together with the Certificate of Shares, a note of the payment will be endorsed on the Certificate.

Dated the 17th day of August, 1932.

By Order of the Board,

ALLAN KEITH, Secretary.

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of the Tai Tung Match

Company, Limited.

(IN VOLUNTARY Liquidation).

OTICE is hereby given that in pursuance of Section 181 of the Companies Ordin- ance, 1911, a meeting of Credi ors will be held at the Offices of the Liquidators, Messrs. Lowe, Bingham & Matthews, (2nd Floor). Mercantile B nk Bulling, No. 7, Queen's Road Central, Victoria, Hong Kong. on Thursday, 29th day of December, 1932, at 12 o'clock, noon, for the purpose provided for in the said Section.

Dated this 30th day of November, 1932.

A. RITCHIE, C.A., D. S. ROBB, C.A1, Liquidators.

ORDINANCES FOR 1931.

and David Scott Rol-b, both of BOUND volumes of Ordinances of

Lowe, Bingham & Matthews, be appointed joint and several Liquida- tors for the purpose of such wind- ing-up."

Dated the 26th day of November, 1932.

H. A. PEARSON,

Chairman.

Hong Kong, including Pro- c'amations, Regulations, and Orders, in Council, Statutes, Commissions. etc., for the year 1931, are now ready.

Price per volume: $ 5

NORONHA & CO.

5, Duddell Street.

1913

(FILE NO. 312 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Wo Hop and Company ()

　　　　　　of Nos. 12 to 14, Lower Lascar Row, Victoria, in the Colony of Hong Kong, Merchants, on the 27th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

HOP

(FIL No. 343 of 1932)

น

TRADE MARK ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Trading Company, Limited, of Victoria,

in the Colony of Hong Kong, have on the 10th day of September, 1932, applied for the re- Trade Marks, of the following trade mark:- gistration in Hong Kong, in the Register of

等

FINEST

香

捷

洋

CLASS

FIRS

HONGKONG

HIDES &

LEATHERS

in the name of the Wo Hop and Company, who claim to be the proprietors thereof.

The Trade Mark has hitherto been used by the Applicants in Class 37, in respect of hides and leathers.

　　　　　　Facsimile of the above trade mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 28th day of November, 1932.

(FILE NO. 333 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Mrs. Mary

Tavaststjerna of No. 7, East Point Terrace, in the Colony of Hong Kong, has on the 7th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark,

viz :-

LO AND LO, Solicitors for the Applicants. Alexandra Building, Des Voeux Road Central, Hong Kong.

(FILE NO. 427 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Dor Po Company of No. 5, Wing Lok S reet, (1st Floor), Victoria, in the Colony of Hong Kong, have on the 29th day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

白麵

DOR FOOK BRAND

辐

WHEAT FLOUR

UNION TRADING CO.LT.

HONG KONG.

in the name of The Union Trading Company, Limited, who claim to be the proprietors thereof.

The trade mark has been used by the ap plicants since August, 1931, in respect of sub- stances used as food, or as ingredients in good in Class 42.

Dated the 2nd day of December, 1932.

THE UNION TRADING COMPANY, LIMITED.

YORK BUILDING, HONG KONG,

(FILE No. 238 or 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

OTICE is hereby given that The Sun On

N° 廠)

Knitting Factory,(新安織造

) of No. 15, Cedar Street, (2nd floor),

Shamshuipo, in the Dependency of Kowloon and Colony of Hong Kong, have on the 11th day of July, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

WWW.

TRAGE

in the name of the said Mrs. Mary Tavastst- jerna, who claims to be the proprietoress thereof. The Trade Mark is intended to be used by the Applicant in respect of Coffee and Tea in Class 42.

Fascimiles of the Mark may be seen at the offices of the Registrar of the Trade Marks and of the undersigned.

·Dated the 7th day of October, 1932.

MARY TAVASTSTJERNA,

7, East Point Terrace,

Hong Kong.

in the name of The Sun On Knitting Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used

lets, hosiery and underwears in Class 38.

in the name of the Dor Po Company, who claims by the Applicants forthwith in respect of sing- to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the Applicants in respect of Mosquito Destroyers in Class 2.

A facsimile of such Trade Mark can be Marks and of the undersigned. seen at the offices of the Registrar of Trade

Dated the 1st day of December, 1932.

DOR PO COMPANY.

5, Wing Lok Street,

Hong Kong.

Applicants.

Facsimiles of the above mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 2nd day of December, 1932.

THE SUN ON KNITTING FACTORY,

No. 15, Cedar Street, (2nd floor),

Shamshuipo,

Applicants.

(FILE No. 420 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for l'egistration of a Trade Mark.

NOTICE is hereby given that the Chun Shing Company of No. 230, Tung Chau Street. Shamshuipo, Kowloon, in the Colony of Hong Kong, have on the 10th day of November, 1932 applied for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark, namely:-

標商册註

SHING

& MANGAN

CHUN

GRAPHITE &

TRADE

府政英中

COMPANY

MAHM

X EST QUALIT

FACTORY

GHAUST

TRADE

[ETHONCHONG

MARK

in the name of the said Chun Shing Company who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in class in respect of Graphite powder, manganese dioxide and other mineral substances used in manufactures not included in other classes since Jupe, 1932.

Fascimiles of such Trade Mark can be seen

at the offices of the Registrar of Trade Mark

and of the unde signed.

Dated the 29th day of November, 1932.

A. E. HALL & COMPANY,

Solicitors for the applicants,

Pedder Building, Hong Kong.

(FILE No. 426 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade-Mark.

NOTICE

-OTICE is hereby given that the Pacific

Rubber Manufactory of K. I. L. Nỏ.

951, Shum Chun Street, Mongkok, Kowlon, Hong Kong, Manufacturers, have on the 17th

day of November, 1932 applied for registration

in Hong Kong, in the Register of Trade Marks,

of the following Trade Mark:-

觸發

SHIP BRAND

1914

(FILE No. 353 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Wo Tai

Shing of No. 12, Hillier Street, Hong Kong, have on the 26th day of September, 1932 applied for registration in Hong Kong, in the Register of Trade Marks, of the following

Trade Mark:

in the name of Wo Tai Shing who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the Wo Tai Shing in respect of wooden trunks in Class 50.

Representations of the Trade-Mark can be seen in the Office of the Registrar of Trade Marks.

Dated the 29th day of November, 1932.

WO TAI SHING,

No. 12, Hillier Street, Hong Kong,

Applicants.

白告票失

松併票士遺豐員壹公亞口登註電律失電自張銀六者廣報明仰師經輪松列行買松通聲交光行託在口九滙受莊時香荷向香送郵五向仰廣香港蘭荷港沉局七香光通港廖銀蘭廖沒保六港荷莊 CRONO 元行銀元該家单荷蘭川 MRM 盛查*盛項付值蘭銀溫

KER 經照報經郵汕港銀行孟經記補失記件時銀行又達記外發請亦因伍凭名义啓合副兌喇被永H票小名

白告明聲

(FILE No. 338 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for begistration of Three Trade Marks.

OFICE is hereby given that we the Kwong Sang Hong, Ltd., of Nos. 250 to 252, Des Voeux Road, Central, Hong Kong, have on the 7th day of September, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

CONTE

FLOWER PERFUME

KWONG

SANG

HONG L

( 3 )

Concentrated

Flower

Perfume

中

in the name of Pacific Rubber Manufactory,

who claim to be the proprietors thereof.

　　　　　The Trade-Mark has been used by the Applicants since September, 1932, in respect of Rubber shoes in class 38 and in respect of Goods manufactured from india-rubber and gutta-percha in Class 40

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks and also of the under- signed.

Dated the 30th day of November,

1932.

THE PACIFIC RUBBER MANUFACTORY,

K. I. L. No. 951, Shum Chun Street, Mongkok, Kowloon, Hong Kong,

Applicants.

威

堂堂

the proprietors thereof.

一及盛今代今股占堂啓 TecHAN

in the name of our Company, who claimed to

The above Trade Marks are intended to be

九摺舖豋三日部股有百當所報益久及份隆三視發聲棧遺息坡份

48.

號

✯✯✯✯

两如隆向兩員千舖堂有該堂該員生 Z z

. 股拾棧小執已威盧份得報港為發堂義部西告之據出亦德

used by us in respect of Hair Fixer, and two Trade Marks in respect of Toilet Water in Class

The above Trade Marks are associated with

one another and with Trade Marks Nos. 12

of 1908, 112-114 of 1909, 132 of 1913, 106 &

107 of 1914, 135-137 of 1916, 81 of 1919,

219-223 of 1922, 308 & 309 of 1924, 77-79 of

1925, 201 & 205 of 1925 and 91 of 1927, and all the Chinese Characters appearing on the

we disclaim the right to the exclusive use of

Marks.

Facsimile of the Trade Marks may be seen at the offices of the Registrar of Trade Mark -

and of the undersigned.

Dated the 7th day of October, 1932.

KWONG SANG HONG, LTD., Applicants.

(FILES NOS. 201 and 284 of 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N Licht, of No. 18, Vt. Marting le Grand,

OTICE is hereby given that Courtaulds,

London, England, Spinners and Manufacturers, have. on the 16th and 26th days of June, 1931, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark:-

COURTAULDS

LTD

ΣΗ

كات

1915

(FILE No. 395 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Sam Wo Hing Company, Limited, of No. 21, Queen Street, Victoria, in the Colony of Hong Kong, have, on the 18th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Mark of the following Trade Mark, viz :-

Cauliflower

BRAND

(FILE No. 397 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOT

Tat, of No. 8, College View, Hong Kong, has, by two applications all dated the 26th day of October, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

OTICE is hereby given that Tsang Hin

(1)

|||10

RED

(2)

COLD

BAG

紅金以

in the name of Courtaulds Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the Appli- cants in respect of: -(1) Transparent paper (except paper hangings) in Class 39, (2) Cellu- lose in sheets included in Class 50 in class 50, and 3 Artificial silk piece goods, threads and yarns in Class 50.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of November, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

(FILE No. 400 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

N Limited, of No. 32, Connaught Road

OTICE is hereby given that The Himly

Central, Hong Kong, Export and Import Mer- chants, have, on the 6th day of October, 1932, applied for re

　　　　　　　　　　　　in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

PURITONE

必利通

in the name of The Himly Limited, who claim to be the proprietors thereof.

　　　The Trade Mark has not hitherto been used by The Himly Limited, but it is their intention so to use it forthwith in respect of Medicines and Medicated Articles in Class 3.

　　　Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned,

Dated the 4th day of November, 1932.

THE HIMLY LIMITED,

Applicants.

No. 32, Connaught Road Central, Hong Kong.

in the name of Sam Wo Hing & Company, Limited, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in Class 42 in respect. of Substances used as food, or as ingredients in food

Facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 4th day of Novemher, 1932.

RUSS & CO., Solicitors for the Applicants,

No. 6, Des Voeux Road Central, Hong Kong.

(FILE NO. 388 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

N Ready Company Great Britain), Limit- OTICE is hereby given that The Ever ed, of Ever Ready Works, Percules Place, Holloway, London, N.7., England, Manufac turers, have, on the 15th, day of October, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

BEREC

in the name of The Ever Ready Company

(Great Britain). Limited, who claim to be the

proprietors thereof.

The Trade

Mark is intended to be used by the Applicants forthwith, in respect of the following goods :-

Electric Dry Cells, all sizes, including Dry Batteries for use with wireless, Radio Receivers and Accumulators,

in Class 8.

Torches and/or Flashlight cases in which Dry Cells are used and Electrical equipment devices, apparatus and supplies therefor in general, in Class 13.

Miniature Bulbs for use in Flashlight

cases, in Clas 15.

Dated the 4th day of November, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

in the name of Tsang Hin Tat, who claims to be the sole proprietor thereof.

The Two Trade Marks are intended to be used forthwith by the applicant in respect of Chemical substances prepared for u e in Medi- cine and Pharmacy, in Class 3.

Representations of the Two Trade Marks are deposited for inspection in the Office of the Re- gistrar of Trade Marks,

Dated the 4th day of November, 1932.

TSANG HIN TAT,

No. 8, College View, Hong Kong,

Applicants.

(FILE No. 357 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The King On Firm) of No. 179, Wing Lok Street, West, (2nd floor), Victoria in the Colony of Hong Kong, Merchants on the 28th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

安敬

庄選

in the name of The King On Firm, who claim to be the Proprietors thereof.

the applicants forthwith in Class 36 in respect The Trade Mark is intended to be used by

of Chinese grass mats and matbags.

It is hereby stated that the Applicants dis- claim the right to the exclusive use of the

letters ().

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 7th day of October, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building, Des Voeux Road Central,

Hong Kong.

1916

(FILE No. 311 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Mars.

TOTICE is hereby given that Wai Shiu

NOTICE

(1)

(2)

(FILE No. 342 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

NOTICE is hereby given that The Standard gistered office is situate at Victoria, in the Colony of Hong Kong, and carrying on business at Nos. 105 to 113, Chueng Sha Wan Road, Shamshuipo, Kowloon, Hong Kong, Manufac turers of Perfumery and Toilet Preparations, have by three applications all dated the 10th day of September, 1932, applied for the re- gistration in Hong Kong, in the Register of Trade Marks, of the following three Trade Marks, viz:-

Chemical Works, Limited whose re-

(1)

in the name of Wai Shiu Pak alias Vi-Ki, who claims to be the Proprietor thereof.

　　　　　　The Applicant disclaims the right to the exclusive use of the Chinese Character (丹).

Facsimile of such Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th day of October, 1932.

(FILE No. 351 of 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

RUSS & CO., Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

OTICE is hereby given that Chan Sing

N Loong trading as the Kwong Sing

　　　　　Loong firm of No. 15, Sai Street, Victoria, in the Colony of Hong Kong, has on the 21st day of September, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

PEO

in the name of the said Chan Sing Loong trading as The Kwong Sing Loong firm, who claims to be the proprieter thereof.

The Trade Mark has been used by the Applicant in respect of Rickshaw only in Class 22.

　　　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 7th day of October, 1932.

RUSS & CO..

Solicitors for the Applicants, No. 6, Des Voeux Road Central, Hong Kong.

(FILE NO. 256 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

01 OTICE is hereby given that British American Tobacco Company, Limited of Westminster House, of Millbank, London, S.W., England, Tobacco Manufacturers, have on the 11th day of June, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

ST. BRUNO

OGDEN. ENGLAND,

in the name of British American Tobacco Company, Limited, who claim to be the sole proprietors thereof,

The Trade Mark has been used by the Applicants in respect of Manufactured Tobacco in Class 45.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 7th of October, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Rood Central, Hong Kong.

TRADE

MARK

QUALITY

STANDARD PRODUCT

STANDARD CHEMICAL

WORKS LR3

"ŠA BAPTIFIER POR

THE SKIN,FACE

PUN

Sub..

FRADE

MARK

(2)

GDALITY

SE PARE

CREAM

DJADE

When Thinking

of.

Beauty

STANDARD CREPICAL

WORKS LTD.

(3)

STANDERO HAIR CREAM

Bahan har sing teabed, soft and

glung. Keeps to hair bank un lu

athural enota olnu slupaing

✔ A BEAUTIFIER FOR

THE SKIN FACE

STANDARD NAIR ORBAN

Malhar eg vombed, sah sent

ghatag - Koopa than hair bank, te în

mala state oðar shatiyesing

in the name of The Standard Chemical Works Limited, who claim to be the proprietors thereof.

The above Three Trade Marks have been used by the applicants in respect of the follow- ing goods in Class 48:-

Trade Mark No. (1) in respect of Hair

cream, face cream, lotion, talcum powder, hair oil, florida water and tooth powder.

Trade Mark No. (2) in respect of Face

cream.

Trade Mark No. (3) in respect of Hair

cream.

These Trade Marks are associated with one another. Registration of these Trade Marks is limited to the colours indicated thereon.

Representations of the above three Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 7th day of October, 1932.

THE STANDARD CHEMCIAL WORKS, LIMITED, Nos. 105-113, Chueng Sha Wan Road,

Shamshuipo, Kowloon,

Hong Kong, Applicants.

1917

(FILE No. 177 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Proprietary Agencies Limited of 179 to 181 Acton Vale, London, England, Manufacturers and Merchants, have on the 12th day of November, 1931, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Cast Sr. Puillif

MILK

GENUINE

PHILLIPS:

OF MAGNESIA

A CONCENTRATED

اموا

LIQUID MAGNESIA

PHILIPS MILK OF MAGNESIA na thích - qued. mihar ke appearance and connounce, oderire, pi

o from carbonic acid jaz

A food poner will perd from 3x6 A

Magnesium Hydrode=My (OMAINien Fuckg

CONTENTS 13 Engl

PRILLIPS MILK OF MANAŠIA comama ni oymak aimant uudehnicely inək Milder unless allowed to fever.

PROPRIECHENDENCIES, LTD., Proprietors

♫ LONDON, ENGLAND

Secretory le

THE CHAS, M. PHILLIPS CHEMICAL CO.

Chat St. Ritty's

REW YORK

KEEP FROM PREEZING

MADE IN GLENDROGA, CONN U.S.A.

Desan for Children: For children the a

PHILLIPS

GENUINE

MILK OF MAGNESIA

in the name of Proprietary Agencies Limited, who claim to be the sole pro- prietors thereof.

The Trade Mark has been used by the Applicants since the year 1873 in respect of a medicinal preparation of magnesia for human use as a stomachic and also as a tooth and mouth Wash in Class 3.

The Applicant disclaim the right to the exclusive use of the words. 'Milk of Magnesia" appearing in the Trade Mark.

Dated the 7th day of October, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road Central,

Hong Kong.

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

1920

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 494.-Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hong Kong, during the month ended 30th November, 1932, as certified by the Managers of the respective Banks:-

BANKS.

AVERAGE AMOUNT.

SPECIE IN RESERVE.

$$3

20,492,409

8,300,000*

Chartered Bank of India, Australia and China

Hong Kong and Shanghai Banking Corporation...

Mercantile Bank of India, Limited...

TOTAL

明

126,201,584 112,000,000†

2,648,558

1,350,000§

149,342,551 121,650,000

* In addition Sterling Securities are deposited with the Crown Agents valued at £1,145,100.

In addition Securities deposited with the Crown Agents and Straits Government valued at

£2,747,000.

In addition Securities deposited with the Crown Agents valued at £190,000.

9th December, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. S. 495.-The following statement of the securities lodged with the Crown Agents by the Mercantile Bank of India, Limited, against their notes in circulation, is published for general information under Section 5 of the Mercantile Bank Note Issue Ordinance, 1911, (Ordinance No. 65 of 1911):-

Security.

Amount.

Nominal Value.

Price when deposited.

Latest market price.

41% Conversion Loan 1940/1944. £190,000.

9th December, 1932.

107-1081

W. T. SOUTHORN,

Colonial Secretary.

1921

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 496.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America, including the

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Hawaiian Is- lands

Bangkok.

All ports in the United States of America,

including the

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

Hawaiian Is-

lands.

Bangkok.

9th December, 1932.

Date.

Reference to Government

Notification.

16th April, 1924.

30th April, 1926.

29th October, 1926.

No. S. 301.

18th July, 1932.

No. S. 270.

Do.

20th August, 1932.

No. S. 302.

W. T. SOUTHORN,

Colonial Secretary.

KOWLOON-CANTON RAILWAY,

BRITISH SECTION.

No. S. 497.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the supply of Yacal Blocks for Concrete Sleepers", will be received at the Colonial Secretary's Office until Noon of Thursday, the 29th day of December, 1932, on behalf of the Kowloon-Canton Railway (British Section).

　Drawings may be seen and the Specification and full particulars obtained by application to the Railway Head Office, Kowloon, on the deposit of a fee of $20, which will be refunded on the submission of a bona fide tender together with the return of the Specification intact.

　The Contractor must deliver in with his Tender the schedule of prices, which shall be fully filled up and shall set forth the items of which such estimate is composed, and shall contain his complete estimate.

The successful tenderer will be required to sign a formal contract in the usual form of the Government Contracts and to give security in the sum of $200 for the due and faithful performance of the terms of such contract.

The Government does not bind itself to accept the lowest or any tender.

ROBERT BAKER, Manager & Chief Engineer.

9th December, 1932.

1922

PUBLIC WORKS DEPARTMENT.

No. S. 498.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Tytam Tuk East Catchwater", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 28th day of December, 1932, for the construction of Tytam Tuk East Catchwater, draining the Eastern slopes of Boa Vista, and Contingent Works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th September, 1932.

R. M. HENDerson,

Director of Public Works.

DISTRICT Office, South.

　　　No. S. 499-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 23rd day of December, 1932.

　　　The amount to be spent in rateable improvements to the satisfaction of the District. Officer, South, within two years from the date of sale is $17,700.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Upset

Crown

Price.

Rent.

Wo Tong Ha.

76,682 1,534

177

Tsun Wan Demarcation District

No. 450. Lot No. 682.

Subject to readjustinent as

provided by the Conditions of Sale.

9th December, 1932. ·

B. C. K. HAWKINS, District Officer, Southern District.

1923

DISTRICT OFFICE, SOUTH.

No. S. 500.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Ilong Kong, at 11 a.m., on Friday, the 23rd day of December, 1932.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $4,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in Square feet.

Price.

Upset Crown

Annual

Rent.

Chenrg Chau. Lot No. 788.

Cheung Chau.

9th December, 1934.

...

6,108

Subject to

readjustment as

provided by the Conditions of Sale.

€9-

123

B. C. K. HAWKINS,

District Officer, Southern District,

PUBLIC WORKS DEPARTMENT.

　　No. S. 501.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Wednes- day, the 28th day of December, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

Annual

Registry No.

Locality.

Sale.

in Sq. feet.

Upset

Rent.

Price.

feet. feet.

feet.

About

Inland Lot No. 3500.

Adjoining Inland Lot No. 3159, Yik Yam Street, Wong Nei Chong.

As per sale plan.

2,200

12,100

　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease,

9th December, 1932.

R. M. HENDERSON,

Director of Public Works.

1924 -

PUBLIC WORKS DEPARTMENT.

　　　No. S. 502 -It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Wednes- day, the 28th day of December, 1932, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Contents

Registry No.

Locality.

Sale.

Sq. feet.

Annual Rent.

Upset Price.

feet.

feet. feet.

feet.

About

Inland Lot No. 3521.

Junction of Po Shin Street and Shan Kwong Road, Wong Nei Chong.

As per sale plan.

3,030

12,120

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

9th December, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 503.-It is hereby notified that the following Sale of Crown Land by Public Anction, will be held at the Offices of the Public Works Department on Weducs- day, the 28th day of December, 1932, at 3 p.in.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

Registry No.

Locality.

Sale.

Contents in Sq. feet.

Annual Upset

Rent.

Price.

feet. feet. feet. feet.

About

£3

Kowloon Inland Lot No. 3086

Adjoining Kowloon

As per sale plan.

3,744

GS,

18,720

Inland Lot No. 963, Nathan Road, Yaumati.

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

R. M. HENDERSON,

9th December, 1932.

Director of Public Works,

יין

IN THE SUPREME COURT OF

HONG KONG.

PROBATE JURISDICTION.

In the Goods of William Alfred Duce, late of The Matilda Hospital, Victoria, in the Colony of Hong Kong, Bachelor, Deceased, Intestate.

NOTICE is hereby given that the Court

has by virtue of Section 58 of Probate Ordinance 1897, made an Order limiting the time for Creditors and others to send in their claims against the above estate to the 4th day of January, 1933.

　　　　　　All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 5th day of December, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building, Ice House Street, Hong Kong.

NOTICE OF TRANSFER.

N pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance, No. 25 of 1923.

　　　　　　Notice is hereby given that Fung Yik Man () carrying on business on

　　　　　　Kowloon Inland Lot No. 955, Taikoktsui, in the Dependency of Kowloon, in the Colony of Hong Kong, under the styler firm name of

Lee Yuen Lung (hereinafter

called "the Transferor' has transferred to

Fung Tak On) of No. 18,

Circular Pathway, Victoria. Hong Kong herein- after called "the Transferee". All That the Transferor's business of the said Lee Yuen Lung including the goodwill, fixture, furniture and stock-in-trade.

　　　　　　　The Transferee intends to carry on the busi- ness at the same place and under the same firm name, and will not assume the liabilities incurred in the business of the Transferor prior to the 10th day of January, 1933.

Dated the 9th day of December, 1932.

C. Y. KWAN,

Solicitor for the parties.

1930

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Cawasji Furdoonji Fostwalla alias Cawasji Furdoonjee

Cawasjee Cawasji Furdoonji

Postwala alias Cawasji Postwalla alias

Cawasjee Postwala alias Cowasji Fardoonjee Postwalla

Ferdoonji Postwala late of Jogeshweri in

Salsette Taluka Thana District Bombay in British India, deceased.

NOTICE is hereby given that the Court has,

by virtue of the provisions of Section 58 of Ordinance No. 2 of 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to 29th December, 1932.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 2nd day of December, 1932.

DEACONS,

Attorney for the Administrator,

1, Des Vœux Road Central,

Hong Kong.

(FILE NO. 313 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark,

OTICE is hereby given that David Sassoon & Co., Ltd., of No. 12, Des Voeux Road Central, Victo.ia, in the Colony of Hong Kong, have on the 30th day of August, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark-

FOX

A 1

In the Matter of the Companies Ordin-

ance, 1911,

and

In the Matter of The Man Kwok Hotel

Company, Limited.

(IN LIQUIDATION)

Tan Extraordinary General Meeting of the members of the above-named Company, duly convened, and held at the registered office of the Company, at No. 1B, Hill Road, Victoria, Hong Kong, on the 30th day of October, 1932, the following Extraordinary Resolution was duly passed:-

That it has been proved to the satis- faction of this meeting that the Company cannot by reason of its liabilities continue its business and that it is advisable to wind-up the same and accordingly that the Com- pany be wound-up voluntarily, and

that Mr. Lau Charn Shan (

贊臣) Compradore of The

Bank of Canton Limited, of No. 6, Des Voeux Road Central, Victoria, aforesaid, Mr. Kan Ngok Wan

(M) Banker of No.

161, Queen's Road Central, Victoria aforesaid, Mr. Wong Lun Kui

() Banker of No.

61, Bonham Strand East, Victoria aforesaid, Mr. Siu Kwan Wa

() mat merchant of (蕭滾華)

No. 16, Queen's Road West, Victoria aforesaid and Mr. Kwan Pik Kiu

(B) tea Merchant of (關碧橋)

No. 282, Queen's Road West, Victoria aforesaid be appointed Liquidators for the purposes of such winding-up."

Dated the 2nd November, 1932.

LAU CHARN SHAN,

(劉贊臣)

Chairman.

REGULATIONS OF HONG KONG 1844-1925

NOTER-UP

(to end of 1931)

Copies may be obtained at the Colonial Secretary's Office Price: $1.00

GREEN ISLAND CEMENT COMPANY, LIMITED.

NOTICE is hereby given that at a Meeting

　　　　　　　　　　　　of Board of Directors of Green Island Cement Company, Limited, held at Exchange Building, Victoria, in the Colony of Hong Kong, on Wednesday, the 17th day of August, 1932 a Call of #2.75 per share was made upon all the members holding shares, whose names appear in the Company's register of share- holders on the 17th day of August, 1932, upon which only $100 per share has been paid, and it was determined that such Call should be paid on the 31st day of December, 1932, to the Company's Bankers, The Hong Kong & Shang-

BRAND

in the name of the said David Sassoon & Co., Ltd., who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used

hai Banking Corporation, at their lead Office, by the Applicants, but it is their intention to

Queen's Road Central, Victoria, aforesaid.

　　　　　　　Upon presentation at the Office of the Com- pany of Bankers' Receipt for the payment of such Call, together with the Certificate of Shares, a note of the payment will be endorsed on the Certificate.

Dated the 17th day of August, 1932.

By Order of the Board,

ALLAN KEITH, Secretary.

use the same forthwith in respect of Flour in Class 42.

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 14th day of October, 1932.

DAVID SASSOON & CO., LTD., No. 12, Des Vœux Road, Central, Hong Kong.

ORDINANCES FOR 1931.

BOUND

OUND volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready.

Price per volume: $5

NORONHA & CO.

5. Duddell Street

1936

NOTICES.

COLONIAL SECRETARY'S Department

　　　No. S. 504.-It is hereby notified that information has been received from H. B. M. Consul-General, Bangkok, to the effect that the restrictions gazetted as No. S. 302 have been removed.

16th December, 1932.

W. T. SOUTHORN,

Colonial Secretary.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 505.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Philippine Ports.

All ports in the United States of America. including the Hawaiian Is- lands

Bangkok.

All ports in the United States of America, including the Hawaiian Is- lands.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

16th December, 1932.

Date.

16th April,

1924.

30th April, 1926.

Reference to Government Notification.

29th October,

1926.

No. S. 301.

18th July, 1932.

No. S. 270.

W. T. SOUTHORN,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

No. S. 503.-It is hereby notified that sealed tenders in triplicate, which should. be clearly marked "Tender for New Road from Island Road to Stanley", will be received at the Colonial Secretary's Office until Noon of Thursday, the 29th December, 1932. The work comprises the construction of a 25' wide road from the main Island Road at Stanley to R.B.L. 243 at Stanley together with a branch road to Stanley Police Station and includes all necessary walling, bridges, culverts, cross-drainage and any other contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

16th December, 1932.

R. M. HENDERSON,

Director of Public Works.

1937

PUBLIC WORKS DEPARTMENT.

　　No. S. 507.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Reinstatement of Government Retaining Walls, Wall at Jardines Corner, Peak", will be received at the Colonial Secretary's Office until Noon of Thursday, the 29th day of December, 1932. The contract comprises the taking down of about 50 linear feet of retaining wall and rebuilding in cement concrete with rubble facework, together with all necessary drainage and other contingent works.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

16th December, 1932.

R. M. HENDERson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No. S. 508.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Aberdeen Valley Scheme East Catchwater-2nd Section", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of January, 1933. The work consists of the construction of the 2nd Section of the East Catchwater approximately 6,000 feet in length draining the Southern Slopes of Mount Nicholson and Contingent Works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

16th December, 1932.

R. M. HENDERSON,

Director of Public Works.

DISTRICT OFFICE, SOUTH.

No. S. 509.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 30th day of December, 1932.

The Lot is sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as a Threshing Floor Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931, and to Special Condition No. 1 (a).

1937

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

16th December, 1932.

R. M. HENDERson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

16th December, 1932.

R. M. HENDERSON,

Director of Public Works.

DISTRICT OFFICE, SOUTH.

No. S. 509.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 30th day of December, 1932.

1938

PARTICULARS OF THE LOT,

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Price.

Upset Crown

Rent.

Lantao Island Demarcation District

No. 305

Lot No. 1199.

Sha Lo Wan.

16th December, 1932.

721

.10.

Subject to readjustinent as

provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFice, South.

No. S. 510.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 30th day of December, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

in Square.feat.

Upset

Crown

Price.

Rent.

Tung Chung Demarcation District

No. 3,

Lot No. 2352.

Sheung Ling Pi.

16th December, 1932.

720

.10

Subject to readjustment as

provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

1938

PARTICULARS OF THE LOT,

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in Square feet.

Price.

Upset Crown

Rent.

Lantao Island Demarcation District

No. 305

Lot No. 1199.

Sha Lo Wan.

16th December, 1932.

721

.10.

Subject to readjustinent as

provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFice, South.

No. S. 510.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 30th day of December, 1932.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents

Annual

Registry No.

Locality.

in Square.feat.

Upset

Crown

Price.

Rent.

Tung Chung Demarcation District

No. 3,

Lot No. 2352.

Sheung Ling Pi.

16th December, 1932.

720

.10

Subject to readjustment as

provided by the Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

IN THE SUPREME COURT OF

HONG KONG.

THE

IN BANKRUPTCY.

No. 25 of 1932.

Notice of Adjudication.

Re Jorge Carlos de Souza, of No. 250, Sai Yeung Choi Street, Mongkok, Clerk.

`HE above-named Jorge Carlos de Souza, was adjudicated Bankrupt on the 10th day of December, 1932.

Dated the 16th day of December, 1932.

E. L. AGASSIZ,

Official Receiver.

NOTICE.

NOTICE is hereby given that Chan Yiu Ming(陳耀明)has ceased to

be a partner as from the 8th day of December, 1932, in the undermentioned firm carrying on business at No. 10, Jubilee Street, Victoria, Hong Kong, as provision dealers and that all accounts between the said Chan Yiu Ming and the undersigned have been mutually stated and agreed and that hereafter the said Chan Yiu Ming will no longer have any interest in or connection whatsoever with the firm.

Dated the 16th day of December, 1932.

SHING CHEONG FIRM,

(成昌)

IN THE SUPREME COURT OF

HONG KONG.

(COMPANIES WINDING-UP)

No. 2 of 1932.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of The Shanghai Company,

Limited.

OTICE is hereby given that a petition for the winding-up of the above named Company by the Supreme Court of Hong Kong was, on the 9th day of December, 1932, pre- sented to the said Court by Messrs. Jardine, Matheson and Company, Limited, whose registered office is situate at No. 18, Pedder Street, Victoria, in the Colony of Hong Kong. And that the said petition is directed to be heard before the Court sitting at 10 am. on Saturday, the 24th day of December, 1932, and any creditor or contributory of the said Company desirous of supporting or opposing the making of an Order on the said petition may appear at the time of hearing by himself or his counsel for that purpose and a copy of the petition will be furnished to any creditor or contributory of the said Company requiring the same by the undersigned on payment of the regulated charge for the same.

DEACONS,

Solicitors for the Petitioner, No. 1, Des Voeux Road Central,

Hong Kong.

NOTE: Any person who intends to appear on

the hearing of the said petition must serve on or send by post to the above- named, notice in writing of his inten- tion to do so. The notice must state the name and address of the person or, if a firm, the name and address of the firm, and must be signed by the person or firm, or his or their Solicitor (if any), and must be served, or if posted, must be sent by post in sufficient time to reach the above- named not later than six o'clock in the afternoon of the 23rd day of December, 1932.

1943

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

No. 31 of 1932.

Notice of Adjudication and Appointment. of Trustee.

Re Augusto Maximo dos Passos Victal, of No. 336, Ma Tau Wei Road, Kowloon City, Accountant.

THE above-named Augusto Maximo dos l'assos Victal, was adjudicated Bankrupt on the 10th day of December, 1932, and the Official Receiver was appointed Trustee of the Estate of the Bankrupt.

Dated the 16th day of December, 1932.

E. L. AGASSIZ,

Official Receiver

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the matter of the Estate of Archibald McCallum late of the Railway Quarters, Hunghom, Kowloon, in the Colony of Hong Kong, Perman- ent Way Inspector, deceased.

OTICE is hereby given that the Court has, by virtue of Section 58, of The Pro- bates Ordinance 1897, (No. 2 of 1897), made an order limiting the time for sending in claims to or against the above estate to the 8th day of January, 1933.

Creditors and claimants are hereby required

GREEN ISLAND CEMENT COMPANY, LIMITED.

NOTICE is hereby that at a

which only $1 00 per share has been paid, and it was determined that such Call should be

paid on the 31st day of December, 1932, to the Company's Bankers, The Hong Kong & Shang- hai Banking Corporation, at their Head Office, Queen's Road Central, Victoria, aforesaid.

Upon presentation at the Office of the Com- pany of Bankers' Receipt for the payment of such Call, together with the Certificate of Shares, a note of the payment will be endorsed on the Certificate.

Dated the 17th day of August, 1932.

By Order of the Board,

ALLAN KEITH, Secretary.

(FILE No. 468 of 1932)

THE TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

to send their claims to the undersigned by the NOTICE is hereby given that Arculli

above date.

Dated this 12th day of December, 1932.

T. M. HAZLERIGG,

Official Administrator.

(FILE No. 419 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OFICE is hereby given that Wing Tai Hing Firm of No. 32, Wing Lok Street,

(First Floor), Victoria, in the Colony of Hong Kong, has on the 5th day of November, 1932, applied for registration in Hong Kong, in the

(1)

WING TAI HING

HONG KONG 牌九天

EXTRA BAKERS

FLOUR

BOMBOLS BRAND

(2)

HING

HONG RANS

牌公公

WINCIBLE DOLL BRAND

in the name of the said Wing Tai Hing Firm, who claim to be the proprietors thereof.

The Trade Marks have not been used by the said Wing Tai Hing Firm but are intended to be used forthwith by the said Wing Tai Hing Firm, in Class 42 in respect of Flour.

Facsimiles of the above Trade Marks can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 16th day of December, 1932.

WING TAI HING FIRM,

No. 32, Wing Lok Street, (1st floor),

Hong Kong. Applicant.

Brothers, Importers and Exporters of Asia Life Building, (Second Floor), No. 14, Queen's Road Central, Victoria, in the Colony of Hong Kong, have, on the 7th day of Decem- ber, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :--

粉

港

行洋

ARCULLI

香

德

合

BROTHERS

HONG KONG

幼

白

AUSTRALIAN

ROLLERFLOUR

in the name of Arculli Brothers, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants in respect of Flour, in Class 42. The Applicants disclaim the right to the exclusive use of the letters " AB and the words "49 lbs." appearing on the mark.

Dated the 16th day of December, 1932.

A. EL ARCULLI, Solicitor for the Applicants, No. 14, Queen's Road Central, Asia Life Building. Hong Kong.

1944

(FILE NO. 386 OF 1932)

HONG KONG TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

TOTICE is hereby given that the Chan Li Chai Firm (濟李陳) of No. 29, Connaught Road West, (Ground Floor), Victoria, in the Colony of Hong Kong, Merchants, on the 13th day of October, 1932, applied for

the registration in Hong Kong in the Register of Trade Marks, of the following Trade Marks:-

(2)

(1)

標商厰酒濟李陳港香東粵

假防提

庄酒藥濟李陳港香

氏軒明

爲像

像真

从

(3)

|民國年

再民

再加登餅

(4)

冒假防提

酒藥濟李港香

主老牌

請

認為記

註册商標

認

請

年國民華中

條封此加

HONG

NG KOY

冒假防提

(彩此認請

記為像真

氏軒明人監

(5)

CHINESE CHAN LEE CHAI

WELL KNOWN MEDICATED WINE 驗

原

陳酒濟李陳

李陳酒濟李

李濟酒

莊濟李陳酒濟

破酒濟李陳酒正陳酒濟李陳

無破方是正資

號口生

民國十九年舖|干話道二十九號

酒道

酒冒充本號火酒較水人多知到不知悞飲害無度此等奸商心如强盗弗計害只利遐邇歡迎口碑載道近有奸商藏恩在澳偽造各准中英商部嘜用真像傳單、

血無補衛生扶元三鞭虎估並皆佳妙遵方製造路本號主人欲杜假冒商標禀

蒸葯選地道浸足時日不寒不燥奇功寔效承最好葯酒陳李濟號舖在香港荷李活道酒用三

躬明

水近鞭日

有虎

人奸估不

多商

弗知

披方凸真假害

露好字傢冒羣

模傳商

到藏

各砍証據認明方好【刊報傅口封條凸字印模(

莽香

請務

甘鞋

陳飲

李酒

濟根

「買酒衆君萬

免受吓愚鞠躬披露

陳李濟主人敬撰錄

in the name of the Chan Li Chai

酒美家名一第國中

Firm, who claim

to be the proprietors thereof.

　　　　　　　The said Trade Marks have hitherto been used by the Applicants in classes 3 and 43 respectively in respect of Medicated or Medicinal Wine.

Facsimiles of the above Marks can be seen at the office of the Registrar of Trade Marks and also at the

undersigned.

It is hereby stated that the "One Photo " Mark in Class 3 is associated with Trade Mark No. 77 of 1911, * in Class 43 with Trade Mark No. 237 of 1925, the "Two Photograph" Trade Mark in Class 3 with Trade Mark No. 116 of 1918 and in Class 43 with Trade Mark No. 237 of 1925 and the " White Wrapper Trade Mark with Trade Mark No. 286 of 1925.

Dated the 16th day of December, 1932.

·LO AND LO,

Solicitors for the Applicants,

Alexandra Building,

Hồng Kong

(FILE No. 445 or 1932) TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Ling Nam

Hardware Manufacturing Company, of Shaukiwan, Lot No, 2324, Shaukiwan Road, North Point, in the Colony of Hong Kong, have on the 5th day of December, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

NOTICE

1945

(FILE No. 470 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Alwin Goeke and Hugo Ammann trading as A. Goeke & Company, of China Building, Victoria, in the Colony of Hong Kong, have, on the 9th day of December, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

TRADE

MARK

TROPIC

in the name of the said Ling Nam Hardware Manufacturing Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the Applicants, in Class 8 in respect of Electric hand torches and other scientific instruments and apparatus for useful purposes in associa- tion with trade mark No. 67 of 1930.

Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 16th day of December, 1932.

A. E. HALL AND COMPANY, Solicitors for the Applicants,

Pedder Building.

Hong Kong.

(FILE No. 360 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Jardine,

Matheson & Co., Limited, of Pedder Street, Victoria, in the Colony of Hong Kong, have on the 1st day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark:-

LIGHTING

DONOT HOLD IN HAND AFTER

HIM YUEN CO

FRA

原

澳

門

謙

50.

in the name of Alwin Goeke and Hugo Ammann trading as A. Goeke & Com- pany, who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Chemical substances used in Manufactures, photography or philosophical research and anti- corrosives, in Class 1.

A facsimile of such Trade Mark can be seen at the offices of the Re- gistrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 16th day of December, 1932

(FILE No. 406 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

(FILE NO. 393 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

NOTI

a Trade Mark.

Company, Importers, Exporters,

is hereby given that Messrs. Bitzer

and Commission-Agents, have on the 20th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

弉三

炮平平和

COCKATOO

FLASH LIGHT

MADE IN

CRACKERS

CHINA.

in the name of Jardine, Matheson & Co., Limit- -ed, who claim to be the sole proprietors thereof. The Trade Mark has been used by the Ap- plicants in respect of Firecrackers, in Class 20. The Applicants disclaim the right to the exclusive use of the Figures" 50" appearing in the Trade Mark.

　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 10th day of December, 1982.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

Registered

Trade Mark

in the name of Messrs. Wolf and Bangert for whom Messrs. Grotjahn and Company, are Sole Agents.

The Trade Mark is intended to be used by the Applicants and their Principals, in Class 12 in respect of Saws.

Facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

REISS, MASSEY & CO., LTD.,

Agents for the Applicants,

No. 7, Queen's Road Central,

Hong Kong.

in the name of Messrs, Bitzer and Company, who claim to be the proprietors thereof.

Facsimiles of the said Trade Mark can be seen in the Registry of the Trade Marks and at the Office of the undersigned.

Dated the 18th day of November, 1932.

BITZER & CO..

Applicants.

(FILE No. 407 of 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of Three Trade Marks.

　　　　　　OTICE is hereby given that Alwin Goeke N

(1)

(2)

1946

(FILE No. 361 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three

Trade Marks.

OTICE is hereby given that Kam Mow

N To Company, of No. 62, (first floor), Des Voeux Road West, Hong Kong, Tea Mer chants, have, on the 3rd day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Three Trade Marks:-

(1)

(FILE No. 263 of 1931) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Brunswick

Radio Corporation of 116 to 120, West. 42nd Street, New York City, State of New York, United States of America, have, by an application dated the 18th day of October, Kong, in the Register of Trade Marks, of the 1930, applied for the registration in Hong

following Trade Mark :-

QBG Brunswicks

U.S.

PAT

OFF

行洋技高

商德

BRUNSWICK

行洋技高

BUDDAH BRAND

NEW YORK CITY

曲学 #At

王大土式

"PAT NO 1.051.544

RADIO CORP.

NEW YORK U.S.A.

CANTONESE

王大旦花

榮靚

華麗肖 +t

to tu

*kin'

兵金退鼓擊

51020-B

二线

MADE IN U.S. A

***FOOCHINIMADYEEGANTONDONGKONG

嘜錢金

嘜錢金三

(2)

407/3

茂標商册註

(3)

商德

册港

TRADE MARK

行洋技高

(3)

嘜錢金四

香港開張

三囍茶

舖在廣東

in the name of the said Brunswick Radio Corporation, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants in respect of Phonograph Records, in Class 8, since July, 1930.

Facsimiles of the Trade Mark can be seen

at the office of the Registrar of Trade Marks. and at the office of the undersigned.

Dated the 18th day of November, 1932.

GEO. K. HALL BRUTTON & CO.,

Solicitors for the Applicants, St. George's Building, Hong Kong.

(FILE No. 393 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Messrs. Bitzer and Company, Importers, Exporters, and Commission-Agents, have on the 20th day of October, 1932, applied for the registration

in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of Alwin Goeke and Hugo Ammann trading as A Goeke and Company, who claim to be the sole proprietors thereof.

The "One Gold Coin" and the "Three Gold Coin" Trade Marks have been used by the Ap- plicants in respect of Cotton Yarn in Class 23.

　　　　　　　The Four Gold Coin" Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Cotton Yarn in Class 23.

　　　　　　　　The said Trade Marks are to be associated with one another.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central,

|號字正

蓮三

心喜

in the name of Kam Mow Tea Company, who claim to be the proprietors thereof.

Trade Marks Nos. (1) and (2) are intended to be used forthwith by the applicants in respect of Tea, in Class 42.

Trade Mark No. (3) has been used by the applicants in respect of Tea in Class 42.

In Trade Mark No. (1) the applicants dis- claim the right to the exclusive use of the representation of tea box and all the Chinese characters except those meaning Buddah.

Dated the 18th day of November, 1932.

KAM MOW TEA COMPANY, No. 62, (1st floor), Des Voeux Road

West, Hong Kong,

行洋律必

商

う

港香

in the name of Messrs. Bitzer and Company, who claim to be the proprietors thereof.

Facsimiles of the said Trade Mark can be seen in the Registry of the Trade, Marks and · at the Office of the undersigned.

Dated the 18th day of November, 1932.

BITZER & CO.,

A..... -----

(FILE NO. 423 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Nanyang

NoTon iss Tebyco Company, Limited,

香

飛輪

HAD NOW

1947

((FILE No. 384 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Wing Shun Yuen Drug Firm, of No. 83, Connaught Road, Victoria, in the Colony of Hong Kong, have, on the 8th day of ctober, 1932, applied for registration in Hong Kong, of the accom- pany Trade Mark:-

行藰源勝

(FILE No. 408 of 1932) TRADE MARKS ORDINANCE 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that H. & Y.

Trading Company, of No. 31, ('irst floor), Des Vœux Road Central, Victoria, in the Colony of Hong Kong, have, on the 4th day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

Flywheel

TRADE NY) MARK

司公限有草煙弟兄洋)

in the name of The Nanyang Brothers Tobacco

Company, Limited, who claim to be the pro-

prietors thereof.

The Trade Mark is intended to be used by the Applicants forthwith in Class 45, in respect of Cigarettes.

　　　　Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

Dated the 18th day of November, 1932.

LO AND LO,, Solicitors for the Applicants,

Alexandra Building, Des Voeux Road Central,

Hong Kong.

(FILE No. 399.OF 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of a Trade Mak.

OTICE is hereby given that the Tak On

Wo Battery Company (德安和)

of No. 24, Bonham Strand East, Victoria in the Colony of Hong Kong, have, on the 27th day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

COCK BRAND

TRADE

MARK

商

標

in the name of the said Wing Shun Drug Firm, who claim to be the proprietors thereof..

The above Trade Mark has not hitherto been used by the said firm but it is their intention so to use it forthw th in respect of Medicine and Pharmacy, in Class 3.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

B. O P. BEST

Pure

Ceylon Tea

H&Y TRADING

理韁

COMPANY

二八一()二話電

̇號一十三中道輛港香司公易貿和乾港香

in the name of the said H. & Y. Trading Com- pany, who claim to be the proprietors thereof. The Trade Mark has been used by the applicants in respect of Ceylon Tea. in Class 42 and is intended to be used forthwith by the applicants in respect of Coffer, in Class 42.

Facsimile of the Tra 'e Mark can be seen at the Offices of the Registrar of Trade Marks, Hong Kong and of the undersigned.

Dated the 18th day of November, 1932.

H. & Y. TRADING COMPANY, No. 31, (1st floor, Des Vœux Road Central, Hong Kong,

Applicants.

(FILE No. 331 OF 1931)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks

(1)

ARCADE

( 2 )

THE ARCADE MILE:WORKS,

TRAGE

MAR

FOR FLASHLIGHT

"BATTERY PAR

TAK ON WO BATTERY CO

MADE IN HONG KONG

in the name of the said Tak On Wo Battery Company, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 8, in respect of Electric Flashlight Batteries,

The applicants disclaim the right to the exclusive use of the figures "530".

　　　　Facsimiles of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 18th day of November, 1932.

A. E. HALL & COMPANY, Solicitors for the Applicants, Pedder Building,

Hong Kong.

WORKS,

ANDERSON, IND, USA.

in the name of the said Arcade File Works who claim to be the proprietors thereof.

The above Trade Marks have already been used by the applicants in. respect of Files and Rasps in Class 23.

The two marks are to be associated with each other and the applicants disclaim the right to the exclusive use of the representation of a file and a box.

Mark No. 2 is limited to the colours shown thereon. Facsimiles of the mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated this 21st day of October, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2 Queen's Road Central, Hong Kong.

1943

(FILE No. 318 or 1932)

TRADE MARKS ORDINANCE, 1909,

Application for Registration of Six Trade Marks.

OTICE is hereby given that Foova Knit- ting Factory, of No. 17, First Floor, Des Vœux Road We t, Hong Kong, and Mong-Har, Macao, Knitting Manufacturers, have, on the 16th day of September, 1932, applied for regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

(FILE No. 314 OF 1930)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Five Trade Marks.

OTICE is hereby given that Griffith and Company formerly of Nos. 16 and 18, Queen's Road Central, now of No. 5 Queen's Road Central, Victoria, in the Colony of Hongkong, Merchants, Lave, on the 19th day of September 1930, applied for the registration in Ilongkong in the Register of Trade Marks, of the following Trade Marks:-

(1)

TWO FROGS

OCTAGON

GRIFFITI & CO

華

커미

FACTY

魚牌

FOOYA

(3)

/KNITTO

ELECTRIC FAN

(5)

(4)

BANANA

* €

(6)

EAR-RINGS

3 JOSS STICKS

・木

行洋昌時

(4)

943

(3)

GRIFFITH & CO

(2)

魔豆澤昌時

GRIFFITH & CO

(5)

《行洋昌時

行洋昌時

фор

in the name of Foova Knitting Factory, who claim to be the proprietors thereof.

　　　　　　Representations of the above Trade Marks are deposited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 22nd day of October, 1932.

FOOVA KNITTING FACTORY, No. 17, Des Voeux Road West,

(First Floor), Hong Kong,

Applicants.

GRIFFITH & CO

GRIFFITH & CO.

in the name of Griffith and Company who claim to be the proprietors thereof.

The above-mentioned Trade Marks have been used by the Applicants and their predecessors in business, Messrs. T. E. Griffith Limited, as regards No 1, since the year 1921, as regards Nos. 2 and 3, since the year 1922 and as regards Nos 4 and 5, since the year 1923, and as regard's Nes. 1, 2, 3 and 4, in class 24, in respect of Cotton piece goods of all kinds and as regards Nos. 1, 2, 3, 4 and 5 in class 34 in respect of Cloths and stuffs of wool, worst- ed or hair.

Facsimiles of such Trade Marks can be inspected at the offices of the Registrar of Tradee Marks of Hong Kong and of the undersigned.

Dated the 21st day of October, 1932.

LYSON HALL, Solicitors for the Applicants,

6, Queen's Road Central, Hong Kong.

HANA

KONG GOVERNMENT.

רי་

(FILE No. 436 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Welted Manufacturing Company, of No. 5, Kau U Fong, Hong Kong, have on the 28th day of November, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

THREE SHELP BRAND

牌羊三

註

册

in the name of Welted Manufacturing Com- pany, who claim to be the proprietors thereof.

　　　　　The Trade Mark has not hitherto been used by the applicants but it is their intention so to use it forthwith in respect of Articles of Cloth- ing, in Class 38.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 9th day of December, 1932.

WELTED MANUFACTURING CO., No. 5, Kau U Fong, Hong Kong, Applicants.

1931

(FILE NO. 442 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Walpa-

mur Company, Limited, of Walpamur House, 35-36, Rathbone Place, Oxford Street, London, England, Manufacturers, have on the 26th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

WALPAMUR

in the name of The Walpamur Company. Limited, who claim to be the sole proprietors thereof.

The Trade Mark has been used by the

Applicants in respect of Colours, Paints, Dyes, Lacquers, Varnishes, Pigments and other materials for painting, varnishing and dyeing, in Class 1.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th of December, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Rood Central, Hong Kong.

(FILE No. 441 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Eng Aun Tong Firm ()

　　　　　　　of No. 26, Bonham Strand East, Victoria, in the Colony of Hong Hong, Merchants, on the 1st day of December, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, viz:-

A堂安永標虎

th 金萬

油

堂安永

TRADE

TIGER

BALM

TJAP

ENG AUN TONG

HARIMAU

TIGER

REGISTERED

MARK

ENG AUN TONG TIGER BALM

in the name of the Eng Aun Tong Firm, who claim to be the proprietors thereof.

　　　　　The said Trade Mark has not hitherto been used by the Applicants in Class 3 in respect of Patent Medicines.

Facsimiles of the above mark can be seen at the office of the Registrar

of Trade Marks and also at the undersigned.

It is hereby stated that this mark is associated with Trade Marks Nos. 125, of 1912, 259 of 1928, 125, 120 and 127 of 1929.

Dated the 9th day of December, 1932.

LO AND LO, Solicitors for the Applicants, Alexandra Building,

Hong Kong.

(FILE NO. 431 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that Bleistift- Fabrik vorm Johann Faber A.-G. Nuern- berg, have, by the application dated the 19th day of November, 1932, applied for the regis- tration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:---

in the name of Bleistift-Fabrik vorm Johann Faber A.-G., who claim to be the proprietors thereof.

This Mark is registered in Class 39 in respect of Stationeries.

Fascimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks, Hong Kong.

Dated the 9th day of December, 1932.

BLEISTIFT-FABRIK VORM JOHANN FABER A.-G., NUERNBERG, Applicants.

(FILE No. 419 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that Wing Tai

Hing Firm of No. 32, Wing Lok Street, (First Floor), Victoria, in the Colony of long Kong, has on the 5th day of November, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

WING TAI

HING

HN KÔNG

牌九天

EXTRA BAKERS

FLOUR

DUMINOUS BRAND

(2)

WING TAI HING HONSBOKE

BOSS BRAND

in the name of the said Wing Tai Hing Firm, who claim to be the proprietors thereof.

The Trade Marks have not been used by the

said Wing Tai Hing Firm but are intended to be used forthwith by the said Wing Tai Hing Firm, in Class 42 in respect of Flour.

Facsimiles of the above Trade Marks can be. seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 9th day of December, 1932.

WING TAI HING FIRM, No. 32, Wing Lok Street, (1st floor),

Hong Kong. Applicant.

(FILE No. 435 of 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Calico Printers Association Limited, of St.

Jame's Buildings, Oxford Street, in the City of Manchester, England, Calico Printers, have on the 12th day of September, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

1932

(FILE No. 440 or 1932)

TRADE MARKS ORDINANCE 1909.

Application for Registration of

Two Trade Marks.

NOTIC Cement Company, Limited, of Marunouchi, Tokyo, Japan, Cement Manufac- turers, have, on the 19th day of October, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks of the following Trade Marks :-

is hereby given that Asano Port-

(FILE No. 359 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that The Cheong

Tuck Firm of No. 129, Des Voeux Road West (Second Floor), Victoria, in the Colony of

Hong Kong, have on the 3rd day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark:-

標匙

(1)

　　　　　　in the name of The Calico Printers Association Limited, who claim to be the sole proprietors thereof.

　　　　　　　The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Piece Goods composed wholly or mainly of Cotton, in Class 24, Articles of Clothing in Class 38 and Piece Goods composed wholly or mainly of Artificial Silk in Class 50.

　　　　　　　A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of December, 1932.

DEACONS,

Solicitors for the Applicants,

1, Des Voeux Road, Central,

Hong Kong.

(FILE NO. 444 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Society of

Chemical Industry in Basle, of Basle,

Switzerland, have on the 31st day of October,

1932, applied for the registration in Hong Kong,

　　　　　in the Register of Trade Marks, of the follow- ing Trade Mark :-

學化巴

汽國士瑞

頽

能

CIBANONE

MAGGIASHA

in the name of the said Society of Chemical Industry in Basle, who claim to be the pro- prietors thereof.

　　　　　　　The above Trade Mark is in use by the Applicants in respect of mineral Dyes in Class I and in respect of Dyes other than mineral, in Class 4.

　　　　　　The applicants disclaim the right to the ex- clusive use of the letters "I.C.B.A." and of the letter "P".

　　　　　　　A facsimile of such Trade Mark can be seen at the office of the Registrar of Trade Marks.

Dated the 9th day of December, 1932.

W. NAEF, Representative for the Applicants,

c/o ARNHOLD & Co., Ltd.

Hong Kong.

ANO CEME

BEST QUALITY

(2)

HARDENING

HOINO ~ ASANO

CEMENT

ASANO VBLO

PORTLAND

CEMENT CO.

in the name of Asano Portland Cement Com- pany, Limited, who claim to be the proprietors thereof.

Trade Mark No. 1 has been used by the Applicants since the year 1929, in Class 17 in respect of Portland Cement.

Trade Mark No. 2 has been used by the Applicants since the year 1931, in Class 17 in respect of quick hardenning Portland Cement.

The Applicants disclaim the right to the exclusive use of the words "Quick Hardenning Cement" appearing on Trade Mark No. 2.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 9th day of December, 1932.

LYSON AND HALL, Solicitors for the Applicants, No. 6, Queen's Road Central,

Hong Kong.

in the name of the Cheong Tuck Firm, who claims to be the proprietors thereof.

The Trade Mark has been used by the ap- plicants since the year 1931 in Class 39 in respect of Cigarette papers.

A facsimile of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 2nd day of December, 1932.

THE CHEONG TUCK FIRM, 129, Des Vœux Road West, Hong Kong,

Applicants.

(FILE No. 428 or 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that Leung Fong No trading, under the firm name of

Leung lim Yick Tong, of No. 40, Queen's Road West, Hong Kong, has on the 19th day of November, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

MARERATES

福梁謙益堂精武丸

梁謙益堂坤健丸

in the name of Leung Fong Po trading under the firm name of Leung Him Yick Tong, who claims to be the proprietor thereof.

The Trade Mark has been used by the ap plicant in respect of Medicated Pills, in Class 3 since 1917.

Representations of the Trade Mark are deposited for inspection in the Office of the Registrar of Trade Marks, and also of the undersigned.

Dated the 9th day of December, 1932.

LEUNG FONG PO TRADING UNDER THE FIRM NAME OF LEUNG HIM YICK TONG,

No. 40, Queen's Road West,

Hong Kong, Applicants.

(FILE NO. 389 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two

Trade Marks.

NOTICE is hereby given that Wahson and

1933

(FILE No. 387 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given

Company, Electric Factory, of No. 481, N Palmolive-Pect Company that Colgate-

　Nanking Road, Shanghai, China, have on the 4th day of October, 1932, applied for registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks :-

(1)

(2)

in the name of Wahson and Company, Electric Factory who claim to be the proprietors thereof.

The Trade Marks have been used by the -applicants, Wahson and Company, Electric Factory, in respect of Electric fans, electric blowers, electric dynamos, motor engines, cur- rent limitors, transformers, generators and alternators, in Class 6 and in respect of Ammeters, voltmeters, switchboards, switches and regulators, in Class 8.

　　Representations of the Trade Marks are de posited for inspection in the Office of the Re- gistrar of Trade Marks, Hong Kong

Dated the 10th day of November, 1932.

WAH MEI ELECTRIC COMPANY, No. 135, Des Voeux Road Central, Agents for the Applicants WAHSON & Co., ELECTRIC FACTORY.

(FILE NO. 355 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Ching

organized under the laws of the State of Delaware, having its principal place of business at 919 North Michigan Avenue, Chicago, 1llinois in the United States of America, have on the 23rd day of June, 1932, applied for registration in Hong Kong of the accompanying Trade Mark :-

COLGATE'S

in the name of the said Colgate-Palmolive-Peet Company, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of household soap, soap powder, soap chips, soap paste, soap flakes and scouring cleanser in class 47; in respect of liquid and powder perfume, toilet water, talc powder, face powder, rouge, face lotion, face cream, cold cream, vanishing cream, dental cream, dental powder, liquid dentifrice, hair tonic, brilliantine, bandoline shampoo preparations smelling salts, toilet, laundry shaving cream, shaving powder and shaving soap in the form of sticks, cones and tablets in class 48 and in respect of tooth brushes in class 50.

The Mark has been declared to be distinc- tive by order of His Excellency the Officer Administering the Government under Section 9 (5) of the Trade Marks Ordinance 1909.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 10th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants,

No. 2, Queen's Road Central,

Hong Kong.

(FILE No. 401 OF 1932 › TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

OTICE is hereby given that The Chop Stick Drug Company, of No. 171,

Tsun Drug Co., (), Johnston Road, Wanchai, Hong Kong, Medicine

of No. 130, Queen's Road Central, Victoria in the Colony of Hong Kong, have, on the 27th day of September, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the Ching Tsun Drug Company, who claim to be the sole proprietors thereof.

　　The Trade Mark is intended to be used forthwith by the Applicants in respect of Medicinal Pills and Medicines in Class 3.

　　　Facsimiles of such Trade Mark can be seen at the Office of the Registrar of Trade Marks and of the undersigned.

Dated the 10th day of November, 1932.

TA CHING TSUN DRUG COMPANY,

Nɔ. 130, Queen's Road Central,

Hong Kong,

Applicants.

Dealers, have by two applications dated the 31st day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

(1)

CHOPSTICKS

BRAND

快子

* BK

(2)

快

子

in the name of The Chop Stick Drug Company, who claim to be the proprietors thereof.

The Two Trade Marks are intended to be used forthwith by the applicants in respect of Chemical substances prepared for use in Medicine and Pharmacy, in Class 3.

The Two Trade Marks are associated with each other.

Dated the 10th day of November, 1932.

THE CHOP STICK DRUG COMPANY, No. 171, Johnston Road, Hong Kong,

Applicants.

(FILE No. 403 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

册

興

(1)

REGISTERED

註

德

TRADE

MARK

標

JUT

商標

(2)

府政英中

TRADE

MARK

註

冊

SAILING JUNK BRAND

牌船帆

in the name of the said Chung Tack Hing who claims to be the proprietor thereof.

The Trade Marks have been used by the Applicant in respect of the following goods respectively, in the following classes respec tively, viz :-

(1) Handkerchiefs (Cotton) not in the

piece in Class 25 and

(2) Handkerchiefs (Linen) not in the

piece in Class 28.

Facsimiles of such Trade Marks can be seen at the office of the Registrar of Trade Marks. Dated the 10th day of November, 1932.

HASTINGS, DENNYS & BOWLEY, Solicitors for the Applicants, Gloucester Building, Hong Kong.

(FILE NO. 390 of 1932)

TRADE MARKS ORDINANCE, 1909. Application for Registration of a Trade Mark.

OTICE is hereby given that Пabade, of No. 5, Queen's Road Central, Victoria, in the Colony of Hong Kong, have on the 13th day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks of the following Trade Mark :-

BRACO

in the name of Habade, who claim to be the proprietors thereof.

The Trade Mark has been used by the Applicants in respect of Bread and Foodstuffs, in Class 42 since the last four months.

Dated the 10th day of November, 19321

A. EL ARCULL1, Solicitor for the Applicants, No. 14, Queen's Road

Hong Kong.

　　　　　(FILES NOB. 218, 264 and 350 or 1932) TRADE MARKS ORDINANCE, 1909.

Applications for Regisiration of Two Trade Marks.

OTICE is hereby given that the Paramount

　　　　　　　　　　Chemical Works, Limited of No. 583, Canton Road, Kowloon in the Colony of Hong Kong, have on the 21st day of June, 1932, the 26th day of July, 1932, and the 20th day of September, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

1634

(FILE No. 394 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that Fisher Flour- U.S.A., have on the 22nd day of October, 1932. ing Mills Company, Seattle, Wash., applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

果學

BIRDS NEST

BRAND

(FILE No. 410 of 1932) TRADE MARKS ORDINANCE, 1909.

"Application for Registration of

a Trade Mark.

OTICE is hereby given that The Lai Sam

Hing Firm(黎三興)of

Castle Peak Road, on New Kowloon Inland Lot No. 1295, Kowloon, in the Colony of Hong bong, Manufacturers, of Vermillion on the 4th day of November, 1932, applied for the registra- tion in Hong Kong, in the Registrar of Trade Marks, of the following Trade Mark, viz:-

五認請

Paramount

Chemical Works

SRD

BRAND

FLOUR

RD'S NEST BRAND

安

黎

瀾舖老興三

街醫

Registered Trade Mark.

(2)

Paramount

Chemical works Limited

REG. TRADE MARK

in the name of the Paramount Chemical Works, Limited, who claim to be the proprietors thereof.

　　　　The above Trade Marks have not hitherto been used by the Applicants but it is their intention to forthwith use Trade Mark No. 1 in respect of the following goods :-

(a) Chemical substances used in manufac- tures, photography, or philosphical research, and anti-corrosives in Class 1.

(b) Chemical substances used for agricul- tural, horticultural, veterinary, and sanitary purposes in Class 2.

Class 3.

(d) Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches and starch, blue, and other preparations for laundry pur- poses in Class 47.

and Trade Mark No. 2 in respect of the follow- ing goods:-

Perfumery (including toilet articles, preparations for the teeth and hair, and perfumed soap in Class 48. The Applicants disclaim the right to the exclusive use of the word Paramount in both marks.

Facsimiles of the above Trade Marks can be

FISHER

MILLS

49-LBS

BIRD'S NESTA BRAND

in the name of Fisher Flouring Mills Company, who claim to be the sole proprietors thereof.

in the name of The Lai Sam Hing Firm, who

claim to be the proprietors thereof.

The Trade Mark has hitherto been used by the Applicants in Class 1 in respect of Vermillion.

Facsimiles of the above Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the undersigned.

It is hereby stated that the Applicants disclaim the right to the exclusive use of

The Trade Mark has been used by the Appli- the Chinese character (*).·

cants in respect of Wheat Flour, in Class 42 and is to be associated with Trade Marks Nos. 13 of 1912, 77 to 86 and 120 of 1932.

Dated the 10th day of November, 1932.

E. CHRISTENSEN, Acting for the Applicants, David House, Hong Kong,

Dated the 10th day of November, 1932.

(FILE No. 385 of 1932)

LO AND LO., Solicitors for the Applicants, Alexandra Building,

Des Vœux Road Central, Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The Orient Tobacco Manufactory, C. Ingenohl, of 578 Nathan Road, Kowloon-Mongkok, in the Colony of Hong Kong, have, on the 12th day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

MANILA BOLOS

in the name of The Orient Tobacco Manufactory, C. Ingenohl, who claim to be the sole proprietors thereof.

Such Trade Mark has not hitherto been used by the Applicants, but it is their intention to use the same forthwith in respect of Cigars in Class 45, (Manufactured tobacco).

The Applicants disclaim the right to the exclusive use of the word. "MANILA" and the representation of a cigar.

Fascimile of such Trade Mark can be seen at the offices of the

seen at the offices of the Registrar of Trade Registrar of Trade Marks, of Hong Kong, and of the undersigned. Marks and of the undersigned...

Dated the 10th day of November, 1932.

WOO AND NASH,

Solicitors for the Applicants, 4, Queen's Road Central,

Hong Kong.

Dated the 8th day of November, 1932.

THE ORIENT

TOBACCO MANUFACTORY, C. INGENOËL, 578, Nathan Road, Kowloon-Mongkok, Hong Kono

1950

LEGISLATIVE COUNCIL.

Draft Bill.

No. S 511.-The following bill is published for general information :-

C.S.O. 8338/07

[No. 49-20.12.32.-3.]

Short title.

New section 42B added to Ordinance

No. 3 of 1901.

Procedure

in cases

where a Convention applies.

A BILL

INTITULED

An Ordinance to amend further the Code of Civil Procedure.

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 Code of Civil Procedure Amendment Ordinance, 1933.

2. The following new section is added after section 42A in the Code of Civil Procedure.

42B. Where in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention on that behalf has been or shall be made and 0.11., r. 13. applied to Hong Kong, a Request for service of any document on a person in the Colony is received by the Registrar from the Consular or other authority of such country the following procedure shall subject to any special provisions contained in the Convention, be adopted :-

Amendment of Ordinance No. 3 of

1901, ss. 440,

44L, 442,

and 569.

(i) The service shall be effected by delivery of the original or a copy of the document, as indicated in the Request, and the copy of the translation, to the party or per- son to be served in person by the bailiff

(ii) No court fees shall be charged in respect of the ser- vice. The particulars of charges of the bailiff shall be sub- mitted to the Registrar who shall certify the amount properly payable in respect thereof.

(iii) The Registrar shall transmit to the Consular or other authority making the Request a certificate establishing the fact and the date of the service in person, or indicating the reasons for which it has not been possible to effect it, and at the same time shall notify to the said Consular or other authority the amount of the charges certified under paragraph (i) hereof.

3. The Code of Civil Procedure is also amended:---

(i) by the substitution of the words "support and main- tenance" for the word "subsistence" in sections 440 (2). 441, 442, 569 (3) and 569 (4).

ין

1951

(ii) by the substitution of the words "two dollars" for the words "twenty-five cents" in section 569 (3).

Objects and Reasons.

1. Section 2 adds a new section 42B to the Code of Civil Procedure. It corresponds with necessary adaptations (such as "Registrar" for "Senior Master" and "Taxing Master" and Bailiff" for "Official Process Server") with Order XI, Rule 13 of the Supreme Court in England. Section 42A of the Code, corresponding to Order XI rules 9 and 10, applies only to service of process for foreign courts in countries with which no Civil Procedure Convention has been concluded. Provision for cases where documents to be served emanate from a country with which there is such a Convention is made in England by Order XI, Rule 13. Conventions extended to Hong Kong have been made between the United Kingdom, Austria, Belgium, Czechoslovakia, France, Germany, Norwav, Spain, and Sweden. Other Conventions which will probably be similarly extended have been made with Italy, Portugal and Poland. In consequence it becomes necessary to make pro- vision in the Code of Civil Procedure for such cases.

2. Section 3 of this Ordinance makes, in sections 440, 441, 442 and 569 of the Code, small amendments which appear necessary in consequence of the amendment of section 439 by Ordinance No. 32 of 1931.

November, 1932.

C. G. ALABASTER,

Attorney General.

1952

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 512.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Philippine Ports.

All ports in the United States of America,

including the

　Hawaiian Is- lands

Bangkok.

Nature of Measures.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

All ports in the United States of America, including the Hawaiian Is-

lands.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

23rd December, 1932.

Date.

Reference to Government Notification.

16th April,

1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

18th July, 1932.

No. S. 270.

W. T. SOUTHorn,

Colonial Secretary.

PRISON DEPARTMENT.

　　　　No. S. 513.-It is hereby notified, with reference to Government Notification No. 698 of 1900, that separate tenders in triplicate, which should be sealed and clearly marked "Tender for the supply of Prisoners' Provisions, etc.", for the supply and delivery of the Articles therein mentioned to the Prison Department, Hong Kong, and the Laichikok Branch Prison, from the 1st February, 1933, to the 31st January, 1934, inclusive, will be received at the Colonial Secretary's Office until Noon of Friday, the 6th day of January, 1933.

No tender will be considered, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $400 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown, if such person refuses. to carry out his tender.

For form of tender or any other information apply at the Office of the Superintendent, Prison Department.

The successful tenderer will be required to sign an agreement and to give security to the satisfaction of the Government in the sum of $2,000.

23rd December, 1932.

J. W. FRANKS,

Superintendent.

1953

HARBOUR DEPARTMENT.

No. S. 514.-It is hereby notified that sealed tenders in quintuplicate, which should be clearly marked "Tenders for replacement of the dynamo steam engine on board No. 5 Police Launch", will be received at the Colonial Secretary's Office until Noon of Friday, the 6th day of January, 1933.

A list of work may be obtained at the Government Marine Surveyor's Office.

The Government does not bind itself to accept the lowest or any tender.

　　The work to be carried out to the satisfaction of the Government Marine Surveyor, and to be duly completed within the number of working days specified by the tender to commence from the date of handing over of the launch to tenderers for repairs; failing completion within such time deduction will be made from the contract price, by way of liquidated damages for delay, at the rate of $30 forach and every subsequent day until and including the date of due completion of the work.

23rd December, 1932.

G. F. HOLE,

Harbour Master, &c.

PUBLIC WORKS DEPARTMENT.

No. S. 515.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for an Office Building, Chatham Road", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 3rd day of January, 1933. The work consists of the Erection of a brick building sub-divided into Offices and with Lavatory accommodation attached.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

23rd December, 1932.

R. M. HENDErson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　　No. S. 516.-It is hereby notified that sealed tenders in triplicate which should be clearly marked "Tender for construction of Timber Wharf", will be received at the Colonial Secretary's Office until Noon of Wednesday, the 11th day of January, 1933, for the construction of a timber wharf and approach road at Shaukiwan.

For form of tender, specification and further particulars apply at this office.

The Government does not bind itself to accept the lowest or any tender.

23rd December, 1932.

R. M. HENDERSon,

Director of Public Works.

ין

1954

DISTRICT Office, South.

　　　No. S. 517. It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 6th day of January, 1933.

The amount to be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $2,000.

PARTICULARS OF THE LOT.

Boundary Measurements.

Annual

Registry No.

Locality.

Contents in

Price.

Upset Crown

Square feet.

Rent.

€-

Tai O.

825

Lantao Demarcation District

No. 313 Lot No. 718.

Subject to readjustment as provided by the Conditions of

Sale.

SPECIAL CONDITIONS.

　　　1. The Purchaser shall in conjunction with the grantee of D.D. 313 Lot No. 719 fill in and reclaim the whole of the areas shown coloured red cross-hatched blue and green on a plan deposited in the District Office, South, to such levels as the District Officer, South, may require and to his satisfaction within one year from the day of sale of the Lot, and shall construct for the protection of such reclaimed areas, between the points A-B and B-C, walls of such design, construction, and materials as shall be approved by the District Officer, South.

2. The areas shown cross-hatched green in the aforementioned plan shall be surren- dered to Government when filled in and levelled to the satisfaction of the District Officer, South.

3. Earth for filling-in purposes shall be taken from such places as may be approved by the District Officer, South, and not less than (3) one third of such filling shall be obtained from the bed of the creek North-west of the Lot.

23rd December, 1932.

B. C. K. HAWKINS, District Officer, Southern District.

1963

DISTRICT OFFice, South.

　　No. S. 518.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 6th day of January, 1933.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Annual

Square feet.

Upset Price.

Crown

Rent.

Lantao Plateau

Lot No. 99.

Ti Tong Tsai.

23rd December, 1932.

4,354

.10

Subject to readjustment as provided by the

Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFIce, Soutii.

No. S. 519.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 6th day of January, 1933.

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right, of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent as Building Lots, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931 and to Special Condition No. 2 (a).

The

MountTM

be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $300 on Lot No. 97 and $800 on Lot No. 93.

1963

DISTRICT OFFice, South.

　　No. S. 518.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 6th day of January, 1933.

PARTICULARS OF THE LOT.

Boundary Measurements.

Registry No.

Locality.

Contents in

Annual

Square feet.

Upset Price.

Crown

Rent.

Lantao Plateau

Lot No. 99.

Ti Tong Tsai.

23rd December, 1932.

4,354

.10

Subject to readjustment as provided by the

Conditions of Sale.

B. C. K. HAWKINS, District Officer, Southern District.

DISTRICT OFFIce, Soutii.

No. S. 519.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, South, Hong Kong, at 11 a.m., on Friday, the 6th day of January, 1933.

The

MountTM

be spent in rateable improvements to the satisfaction of the District Officer, South, within two years from the date of sale is $300 on Lot No. 97 and $800 on Lot No. 93.

1956

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

in Square feet.

Price.

Upset Crown

Annual

Rent.

Lantao Plateau Lot No. 97.

Lot No. 98.

Ti Tong Tsai.

Do.

23rd December, 1932.

340

.50

462

1.00

Subject to

readjustment as

provided by the

Conditions of Sale.

B. C. K. HAWKINS,

District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

　　　No. S. 520.-It is hereby notified that the following Sale of Crown Land by- Public Auction, will be held at the Offices of the Public Works Department on Monday,. the 9th day of January, 1933, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Registry No.

Locality.

Sale.

Contents in sq. feet.

Annual Upset Rental. Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot No. 3087.

Tam Kung Road, Ma Tau Chung.

As per sale plan.

9,610

110

7,208

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

23rd December, 1932.

R. M HENDErson,

Director of Public Works.

1956

PARTICULARS OF THE LOTS.

Boundary Measurements.

Registry No.

Locality.

Contents

in Square feet.

Price.

Upset Crown

Annual

Rent.

Lantao Plateau Lot No. 97.

Lot No. 98.

Ti Tong Tsai.

Do.

23rd December, 1932.

340

.50

462

1.00

Subject to

readjustment as

provided by the

Conditions of Sale.

B. C. K. HAWKINS,

District Officer, Southern District.

PUBLIC WORKS DEPARTMENT.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

No.

Boundary Measurements.

Registry No.

Locality.

Sale.

Contents in sq. feet.

Annual Upset Rental. Price.

feet. feet. feet.

feet.

About

Kowloon Inland Lot No. 3087.

Tam Kung Road, Ma Tau Chung.

As per sale plan.

9,610

110

7,208

　　　The Purchaser of the Lot will also have to pay the sum of $32 for boundary stones. required to define the Lot and the prescribed fee for the Crown Lease.

23rd December, 1932.

R. M HENDErson,

Director of Public Works.

1957

PUBLIC WORKS DEPARTMENT.

No. S. 521.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 9th day of January, 1933, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

No.

of Registry No. Sale.

Locality.

Contents in

Sq. feet.

Annual Upset Rent. Price.

feet.

feet. feet.

feet.

About

As per sale plan.

12,110

222

48,440

New Kowloon

Inland Lot

No. 2013.

Junction of Cheung Sha Wan Road and Poplar Street, Shamshuipo.

The Purchaser of the Lot will also have to pay the sum of $30 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

23rd December, 1932.

R. M. HENDerson,

Director of Public Works.

PUBLIC WORKS DEPARTMENT.

　No. S. 522.-It is hereby notified that the following Sale of Crown Land by Public Auction, will be held at the Offices of the Public Works Department on Monday, the 9th day of January, 1933, at 3 p.m.

Full Particulars and Conditions may be obtained at this Office.

PARTICULARS OF THE LOT.

Boundary Measurements.

Contents Annual Upset

No.

of Sale.

Registry No.

Locality.

in Sq. feet.

Rent. Price.

feet. feet. feet.

feet.

€9-

About

New Kowloon

Inland Lot

Junction of Castle Peak Road and

As per sale plan.

5,184

10,368

No. 2014.

Yen Chou Street, Shamshuipo.

　The Purchaser of the Lot will also have to pay the sum of $24 for boundary stones required to define the Lot and the prescribed fee for the Crown Lease.

R. M. HENDerson,

Director of Public Works.

23rd December, 1932.

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notices of Public Examination.

No. 24 of 1932.

Re Robert George Witchell, of Airlie

Hotel, Kowloon Clerk.

OTICE is hereby given that the Public Examination of the debtor Robert George Witchell, will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Tuesday, the 17th day of January, 1933, at 10 am.

No. 28 of 1932.

Re Mario Rocha of No. 67, Whitfield Road, Causeway Bay, Victoria, in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public Examination of the debtor Mario Rocha will be held at Supreme Court, Victoria, in the Colony of Hong Kong, on Tuesday, the 17th day of January, 1933, at 10 a.m.

No. 30 of 1932.

Re Frederico Alberto Baptists, of No. 20, Yuk Sau Street. (ground floor), Happy Valley, Victoria, in the Colony of Hong Kong, Clerk.

OTICE is hereby given that the Public

N Examination of the debtor Frederico

Alberts Baptista, will be held at the Supreme Court, Victoria, in the Colony of Hong Kong, on Tuesday, the 17th day of January, 1933, at 10 a.m.

Dated the 23rd day of December, 1932.

E. L. AGASSIZ,

Official Receiver.

IN THE SUPREME COURT OF

HONG KONG.

ORIGINAL JURISDICTION.

ACTION NO. 373 of 1932.

Between The Ho Hong Bank Ltd., Plaintiff's

and

Charlie Choa

Defendant.

OTICE is hereby given that a Writ of

property movable and immovable of the above- named Defendant was issued on the 17th day of December, 1932, returnable on. the 9th day of January, 1933, pursuant to the Provisions of the Hong Kong Code of Civil Procedure.

Dated the 19th day of December, 1932.

WILKINSON & GRIST,

Plaintiffs' Solicitors, 2, Queen's Road Central, Hong Kong.

Trade and Shipping Returas for the month of

November, 1932.

COMPILED by the Statistical

　　　　　Branch of the Imports and Ex- ports Department, containing full particulars of Imports from and Ex- ports to every country showing the total quantity and the value for each commodity.

PRICE $2 per copy:

NORONHA & CO.,

Government Printers,

5. Duddell Street.

1961

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION,

In the Goods of Vincent Gibbons late

ments Merchant Retired, Deceased.

NOTICE OF TRANSFER.

IN pursuance of Section 3 of the Fraudulent

Transfer of Business Ordinance, No. 25

of 1923.

Notice is hereby given that Loo Shiu Kee

of Singapore, in the Straits Settle) carrying on business at No. 37, Queen's Road Central, Victoria, in the Colony of Hong Kong, under the style or firm name of Queen's Hosiery Store (hereinafter called "the Transferor") has entered into an agreement to transfer to

OTICE is hereby given that the Court has by virtue of Section 58 of the Probate Ordinance 1897, made an Order limit- ing the time for Creditors and others to send in their claims against the above estate to the 16th day of January, 1933.

All Creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 17th day of December, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building, Ice House Street, Hong Kong.

IN THE SUPREME COURT OF HONG KONG.

PROBATE JURISDICTION.

In the Goods of Henry Symons late of St. Hilary Midvale Road, Paignton in the County of Devon England formerly of Shanghai, in the Re- public of China, Gentleman, De- ceased.

NOTICE is hereby give.. that the Court has by virtue of Section 58 of the Probate Ordinance 1897, made an order limiting the time for creditors and others to send in their claims against the above estate to the 16th day of January, 1933.

All creditors and others are accordingly hereby required to send their claims to the undersigned on or before that date.

Dated the 17th day of December, 1932.

JOHNSON, STOKES & MASTER, Solicitors for the Administrator, Prince's Building, Ice House Street, Hong Kong.

In the Matter of The Companies Ordin-

ances. 1911-1925,

and

In the Matter of The Loan and Invest-

ment Company, Limited.

(IN VOLUNTARY LIquidation.)

OTICE is hereby given that the Final

pany will be held at York Building, 2nd floor, on the 25th day of January, 1933, at 4 p.m. precisely for the purpose of having the account of the Liquidator, showing the manner in which the Winding-Up has been conducted and the Property of the Company disposed of, laid before such Meeting and of hearing any explanation that may be given by the Liquida- tor, and to pass the following Extraordinary Resolution:-

"That the Books, Accounts and Docu- ments of the Company, and of the Liquidator thereof be retained by the Liquidator, he undertaking to destroy the same at the expiration of two years from the dissolution of the Company."

Dated the 21st day of December, 1932.

F. X. D'ALMADA REMEDIOS, Liqudiator.

Chang Park Kam (1) and Chang Kwai ()

care of Messrs. Kwong Kee of No. 166, Wing Lok Street, West, Victoria, aforesaid,(hereinafter called "the Transferees"). All that the Transferor's business of the said Queen's Hosiery Store including the goodwill furniture fixtures and stock in trade.

Completion of the said sale will take place on the 31st December, 1932.

The Transferees intend to carry on the business at the same place under the name of W. W. Ahana Company and will not assume any liabilities incurred in the business by the Transferor.

Dated the 22nd day of December, 1932.

WILKINSON & GRIST,

Solicitors for the parties.

NOTICE OF TRANSFER.

pursuance of Section 3 of the Fraudulent Transfer of Business Ordinance, No. 25 of 1923.

Notice is hereby given that Walter Ip carry- ing on business in the Colony of Hong Kong, under the style or firm name of "Black and White Dancing Academy" hereinafter called the Transferor has transferred to Foo Seu Leong, of No. 506, Queen's Road West, Victoria, aforesaid hereinafter called the Trans- feree. All That the Transferor's business of the said Black and White Dancing Academy including the goodwill, fixture, furniture and

etc.

The Transferee intends to carry on the busi- ness at the same place and under the same. name, and will not assume the liabilities incurred in the business of the Transferor prior to the 21st day of December, 1932.

Dated the 22nd day of December, 1932.

RUSS & CO., Solicitors for the parties.

GREEN ISLAND CEMENT COMPANY, LIMITED.

NOTICE is hereby that at a

of Board of Directors of Green Island Cement Company, Limited, held at Exchange Building, Victoria, in the Colony of Hong Kong, on Wednesday, the 17th day of August, 1932, a Call of $2.75 per share was made upon all the members holding shares, whose names appear in the Company's register of share- holders on the 17th day of August, 1932, upon which only $100 per share has been paid, and it was determined that such Call should be Company's Bankers, The Hong Kong & Shang- paid on the 31st day of December, 1932, to the hai Banking Corporation, at their Head Office, Queen's Road Central, Victoria, aforesaid.

Upon presentation at the Office of the Com- pany of Bankers' Receipt for the payment of such Call, together with the Certificate of Shares, a note of the payment will be endorsed on the Certificate.

Dated the 17th day of August, 1932.

By Order of the Board,

ALLAN KEITH,

Secretary.

(FILE No. 409 of 1932)

TRADE MARKS ORDINANCE, 1909.

Νο

Application for Registration of a Trade Mark.

OTICE is hereby given that Eastern Rite- a-Lite, Limited, of No. 60, Fenchurch Street, London, E.C.3, have, on the 3rd day of November, 1932, applied for registration in Hong Kong of the accompanying Trade Mark:-

RITE-A-LITE

in the name of the said Eastern Rite-a-Lite, Limited, who claim to be the proprietors thereof.

The above Trade Mark has already been used by the Applicants in respect of Electric advertising signs, in Class 6.

Facsimiles of the Mark may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 25th day of November, 1932.

WILKINSON & GRIST, Solicitors for the Applicants, 2, Queen's Road Central, Hong Kong.

(FILE No. 421 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that The National

　　　　　　　　Drug Co, of China at No. 24, (First Floor), Des Voeux Road Central, Victoria, in the Colony of Hong Kong, has by an applica- tion dated the 12th day of November, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

ANTIFLAM

安

艾得非靈

in the name of The National Drug Co., of China, who claim to be the proprietors thereof. The Trade Mark has been used by The National Drug Co., of China, in respect of Medicated Plaster, in Class 3 since 1930.

Representations of the Trade Mark are de- posited for inspection in the Offices of the Registrar of Trade Marks and also of the undersigned.

Dated the 25th day of November, 1932.

THE NATIONAL DRUG CO., OF

CHINA,

No. 24, (1st floor), Des Voeux Road

Central, Hong Kong,

Applicants.

1962

(FILE NO. 424 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

́OTICE is hereby given that James Walker

Hill, Woking, Surrey, England, have, by an application dated the 1st day of October, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:

GASKOID

in the name of the said James Walker & Co., Ltd., who claim to be the proprietors thereof.

The above mark has been used by the Applicants in respect of Jointing (in the nature of Packing), and Engine, Steam and Hydraulic Packing, in Class 50 since January, 1931.

Dated the 25th day of November, 1932.

GEO. K. HALL BRUTTON & CO. Solicitors and Agents for the Applicants, St. George's Building, Hong Kong.

(FILE No. 347 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

Two Trade Marks.

OTICE is hereby given that Chung Chun Hon trading as the Lee On Loong Firm, of No. 25, D'Aguilar Street, Victoria, in the Colony of Hong Kong, Mer chant, on the 14th day of September, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks viz:-

(1)

SHAKE THE BOTTLE.

FOR ROAST MEAT STEAKS CUILETS, CHOPS, FISH CURRIES. GRAVIES, GAME & SHOP Possusamg a preshar piquancy & from the superiordy of 15 Zen ́s more generally useful than any other soure

ORIGINAL MANUFACTURE A

WILLIAM W HILL

LONDON ENGLAND

'o be had of all clores Grocers and Warehousemen

INDIAN

(2)

CONDIMENTS

TRADE MARK

Guaranteed

Superior Quality

LAYDIKA & CO.

CALCUTTA.

in the name of the said Chung Chun Hon trading as the Lee On Loong Firm, who claims to be the proprietor thereof.

The Trade Marks have been used by the Applicant in respect of Sauces, in Class 42 and Condiments, in Class 42, respectively.

The Trade Marks are to be associated with each other.

Dated the 25th day of November, 1932.

RUSS AND COMPANY, Solicitors for the Applicant, No. 6, Des Voeux Road Central, Hong Kong.

(FILE No. 448 OF 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark,

OTICE is hereby given that A. G. Spalding & Bros. (British) Limited, of 317-318, High Holborn, London, W. C. Manu- facturers, have on the 7th day of December, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the follow- ing Trade Mark:-

SPALDING

in the name of A. G. Spalding & Bros. (British) Limited, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since about the 31st January, 1904, in respect of the following goods :-

Games of all kinds and sporting articles not included in other classes, in Class 49.

The Trade Mark is associated with Trade Mark No. 13 of 1904.

Dated the 23rd day of December, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

(FILE No. 165 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE

JOTICE is hereby given that Concrete Products Limited, of Room 301, Gloucester Building, Victoria, in the Colony of Hong Kong, has on the 7th day of December, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark, namely:-

LINK

BRICK

in the name of the said Concrete Products, Limited, who claim to be the Proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention so to use it forthwith in respect of Concrete Building Bricks in Class 17.

The Applicants disclaim the right to the exclusive use of the word "Brick" and to the representation of a brick.

Facsimiles of the above Trade Mark can be seen at the Office of the Re- gistrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 23rd day of December, 1932.

CONCRETE PRODUCTS,

LIMITED, HENRY GRAYE, Managing Director,

Room 301, Gloucester Building,

Hong Kong, Applicant

(FILE No. 432 of 1932) TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two Trade Marks.

NOTICE is hereby given that Messrs. Pen-

treath and Company, of Alexandra Buildings, Victoria, in the Colony of Hong Kong, Merchants, have, on the 21st day of

November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

1963

(FILE No. 383 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

NOTICE is hereby given that the Tai Hing

Vacuum Bottle Factory, of No. 27, Leighton Hill Road of Victoria, Hong Kong,

(FILE No. 405 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

have on the 11th day of October, 1932, applied NOTICE is hereby given that we the for the registration, in Hong Kong in the Register of Trade Marks, of the following Trade Mark, viz:-

Kwong Sang Hong Limited, of Nus. 250 to 252, Des Voeux Road, Central, Hong Kong, have, on the Third day of November, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Marks:-

(1)

(2)

in the name of Messrs. Pentreath and Com pany, who claim to be the sole proprietors thereof.

The above Trade Marks are intended to be used by the Applicants in respect of Tapioca in Class No.42.

Facsimiles of the above Trade Marks can be seen at the Offices of the Registrar of Trade Marks of Hong Kong, or of the undersigned.

Dated the 25th day of November, 1932.

TS'O & HODGSON, Solicitors for the Applicants, King's Threatra Building,

Hong Kong.

(FILE No. 422 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of

a Trade Mark.

OTICE is hereby given that Tai Chi Shi

(Z) trading under the

in the name of the The Tai Hing Vacuum Bottle Factory, who claim to be the proprietors thereof.

The Trade Mark is intended to be used by the applicants in Class 13 in respect of metal excluding electric lamps and bulks and electric fittings and in Class 15 in respect of glasses.

The applicants disclaim the right to the

exclusive use of the Chinese Character (E)

Dated the 25th day of November, 1932.

TAI HING VACUUM BOTTLE

FACTORY, Applicants,

No. 27, Leighton Hill Road,

Hong Kong.

(FILE No. 411 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

name of The Sam Hing Chai () of Trade Marks, of the following Trade Mark :--

of No. 39, Parke Street, (1st Floor), Yaumati, in the Dependency of Kowloon, in the Colony of Hong Kong, has on the 14th day of Novem- ber, 1932, applied for registration in Hong

Kong, in the register of Trade Marks, of the following Trade Mark, :--

Trade Mark SH

龜鶴千嵗酒

哩妹雙

身夹手递

(2)

(3)

HAIR FIXER

MANUFACTUƏ S

KHÔNG SÁNG HONG

LIMITED.

250, 751,DES VDU ROAD HONGRONG

行生廣

司公限有

RY CO

ONG:

SAM HING Vermilion

in the name of the said Tai Chi Shi, trading under the name of the Sam Hing Chai, who claims to be the sole proprietors thereof.

　　　　　The Trade Mark has been used by the Ap- plicant in respect of Vermillion Powder in Class 1 since the year 1927.

　　　　　The Applicant disclaims the right to the exclusive use of the letter "S.H."

Facsimiles of such Trade Mark can be seen at the Offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 25th day of November, 1932.

A. E. HALL & CO.,

Solicitors for the Applicant,

Pedder Building,

Hong Kong.

in the name of Lui Ngar Shan, who claims to be the sole proprietor thereof.

The above Trade Mark is intended to be used forthwith by the applicant in respect of Medicinal Wine, in Class 3 and of Chinese Wines and Spirits, in Class 43.

Facsimiles of the above Trade Mark can be seen in the Office of the Registrar of Trade Marks.

Dated the 25th day of November, 1932.

LUI NGAR SHAN, No. 253, Queen's Road West,

Hong Kong,

Ammasamt

in the name of our Company, who claimed to be the proprietors thereof.

The above Trade Marks are intended to be used by us in respect of Hair Fixer, and two Trade Marks in respect of Violet Talcum Powder, in Class 48.

The above Trade Marks are associated with one another and with Trade Marks Nos. 12 of 1908, 112 to 114 of 1909, 132 of 1913, 106 and 107 of 1914, 135 to 137 of 1916, 81 of 1919, 219 to 223 of 1922, 308 and 309 of 1924, 77 to 79 of 1925, 204 and 205 of 1925, and 91 of 1927, and we disclaim the right to the exclusive use of all the Chinese Characters appearing on the marks.

Facsimile of the Trade Marks may be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 25th day of November, 1932.

KWONG SANG HONG LTD.,

(FILE No. 469 of 1932)

TRADE MARKS ORDINANCE, 1909.

N°

Application for Registration of a Trade Mark.

1964

OTICE is hereby given that Valentine"

Company, a corporation organized under the laws of the State of New York, located and doing business at No. 386, Fourth Avenue, in the City, County and States of New York, U. S. A., have on the 12th day of December, 1932, applied for registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark:-

Super

VALSPAR

in the name of Valentine & Company, who claim to be the proprietors thereof.

The Trade Mark has been used by the Ap- plicants since 23rd March, 1932, in respect of the following goods:

Enamels, varnishes, stains and like

goods, in Class 1.

The Applicants disclaim the right to the exclusive use of the word "Super".

Dated the 23rd day of December, 1932.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, Prince's Building,

Hong Kong.

ORDINANCES FOR 1931.

BOUND

volumes of Ordinances of Hong Kong, including Pro- clamations, Regulations, and Orders, in Council, Statutes, Commissions etc., for the year 1931, are now ready. Price per volume: $5

NORONHA & CO.

5, Duddell Street.

The Hong Kong Government Gazette

Local Subscription.

Per annum (payable in advance),. Half year,

(do.), Three months, (do.),

Foreign, $4 extra for Postage.

$18.00

10.00

6.00

For 5 lines and under,. Each additional line,

Terms of Advertising.

$1.00 for let .$0.20 insertion. 5 cents.

Chinese, per Character, Repetitions,

Half price

Advertisement must reach this office not later than 3 P.M. on Thursdays for insertion in Friday's issue.

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

1966

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. S. 523.-Statement of Sanitary Measures adopted against Hong Kong.

Place or Port.

Nature of Measures.

Date.

Reference to Government

Philippine Ports.

All ports in the United States of America,

including the

Hawaiian Is- lands.

Bangkok.

All ports in the United States of America, including the Hawaiian Is- lands.

Inspections outside Manila harbour from 20th April. Third class passengers and new crew must comply with the vaccination requirements.

Inspections outside the ports from 1st April. Steerage passengers must comply with the vaccination requirements.

Vessels detained at river mouth and passengers and crew vaccinated unless they can produce evidence of successful recent vaccination.

Hong Kong declared an infected port on account of

cholera.

30th December, 1932.

Notification.

16th April,

1924.

30th April,

1926.

29th October, 1926.

No. S. 301.

18th July, 1932.

No. S. 270.

W. T. SOUTHORN,

Colonial Secretary.

PUBLIC WORKS DEPARTMENT.

　　No. S. 524.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for the erection of Huts at Shing Mun", will be received at the Colonial Secretary's Office until Noon of Monday, the 9th day of January, 1933. The work consists of the erection of wooden huts for the housing of workmen and over- seers at Shing Mun.

No work will be permitted on Sundays.

For Form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

R. M. HENDERSON,

Director of Public Works.

30th December, 1932.

1967

PUBLIC WORKS DEPARTMENT.

No. S. 525.-It is hereby notified that sealed tenders in triplicate, which should be clearly marked "Tender for Upper Peak Tram Station Parking Ground", will be received at the Colonial Secretary's Office until Noon of Tuesday, the 10th day of January, 1933. The work comprises the construction of a toe wall and the filling in of an area at Victoria Gap, Peak, to form a car park together with the widening of a short length of Harlech Road and any other contingent works.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at this Office.

The Government does not bind itself to accept the lowest or any tender.

30th December, 1932.

R. M. HENDERSON,

Director of Public Works.

DISTRICT OFFICE, TAI Po.

No. S. 526.-It is hereby notified that the following Letting of Crown Land by Public Auction will be held at the Land Office. Ping Shan, at 11 a.m., on Thursday, the 19th day of January, 1933.

The Lots are let for the term of Twenty years from the 1st day of January, 1932, as Salt Pans subject to special conditions hereunder specified.

PARTICULARS OF THE LOTS.

Boundary Measurements.

Annual

Contents in Upset Crown

Acres.

Price.

Rent

Registry No.

Locality.

No. D. D.

Salt Pan No.

131

feet. feet. feet. feet.

Castle Peak.

As per plan deposited in the District Office, North.

30.90 acres.

Nil.

464

1.12

1:42

2227

1:47

SPECIAL CONDITIONS.

1. The lessee may not mortgage or sub-let the land.

　2. The lease is determinable at any time on three calendar months' notice being given.

　3. If the lease is determined by the notice from the Crown before expiration of the period for which the lots are leased the lessee, if he has made improvement, and if it is recommended by the District Officer, is to be entitled to compensation, such com- pensation to be not more than twice the value of a crop taken off the land resumed.

　4. At the expiration of the term for which the lots are leased the land with all improvements of whatever kind shall revert to and become the absolute property of the Government and no compensation whatever shall be payable to the lessee in respect of such improvements.

　5. If the rent or any part of it remains unpaid for a period of 21 days after date of payment falls due or if there is any breach of any conditions of the lease it shall be lawful for the Government to re-enter.

30th December, 1932,

E. H. WILLIAMS,

District Officer, North

1968

DISTRICT OFFICE, TAI PO.

　　　No. S. 527.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the 'District Office, Taipo, at 11.30 a.m., on Wednesday, the 11th day of January, 1933.

　　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 5 as Building Lots, Lots Nos. 6 to 8 as Agricultural Lots and Lot No. 9 as an Orchard Lot, subject to the General Conditions of Sale published in Government Notification No. 570 of 1924, as amended by Government Notification No. 470 of 1931. Lot No. I is further subject to Special Condition No. 2 (a) and (b). Lots Nos. 2 to 5 are further subject to Special Condition No. 2 (a). Lots Nos. 6 to 9 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification. Lots Nos. 1 and 9 are further subject to Special Conditions hereunder specified.

　　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $9,150, $500, $500, $500 and $500 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents in

Annual

Locality.

Acres, or

Upset

Crown

Price

No.

D. D.

Lot.

Square

Rent.

feet.

feet. feet. feet. feet.

936

Sha Tau Kok.

As per plan deposited in the District Office, North.

15,750 sq. ft.

473

37 00

255

360

Pak Tam Au.

550

1.00

ون

179

655

Che Kung Miu.

500

1.00

215

570

Sai Kung.

480

2.00

179

657

Tung Lo Wan.

630

2.00

215

569

Sai Kung.

·12 acre.

.20

221

1692

Sha Kok Mi.

*72

.80

...29

219

740

Kai Hom.

*02

.10

7 1837

Tai Hang.

2.66 acres.

290

2.70

SPECIAL CONDITION TO LOT No. 1.

　　　The purchaser shall within twelve months from the date of purchase fill in the lot and the area as shown coloured red and blue on the sale plan to levels approved by the Hon. Director of Public Works and shall construct between the points A and B on plan a concrete wall of such design as may be directed by that Officer and to his entire satis- faction.

SPECIAL CONDITION TO LOT No. 9.

　　　Purchaser shall pay to Licencee of F. L. No. 41 the sum of $105 as compensation for trees growing on the Lot.

30th December, 1932.

E. H. WILLIAMS,

District Officer, North.

1969

DISTRICT OFfice, Tai Po.

No. S. 528.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the District Office, Taipo, at 11.30 a.m., on Wednesday, the 18th day of January, 1933.

The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 10 as Building Lots and Lots Nos. 11 to 15 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 10 are further subject to Special Condition No. 2 (a). Lots Nos. 11 to 15 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　　The amounts to be spent on each Building Lot in rateable improvements under the General Condition No. 5 are $1,000, $500 $250, $250, $250, $250, $150, $250, $150 and $250 respectively.

}

PARTICULARS OF THE LOTS.

Registry No.

Boundary Measurements.

Contents

Locality.

Upset

Annual

Crown

No. D. D.

Lot.

Acres, or Square feet.

Price.

Rent.

feet. feet. feet. feet.

Ping 2484 Chau

Ping Chau.

As per plan deposited in the District Office, North.

1,680 sq. ft.

2.00

2483

555

1.00

2480

420

.50

2485

390

ད་

.50

296

688

Kau Lau.

338

.50

1829

Tsung Un Ha.

429

.50

196

846

Tai Shui Hang.

128

.50

847

300

.50

265

Kau Sai.

255

.50

360

.50

1421B

Nam Hang.

·12 acre.

.20

1075B

.20

2039

Kam Tsin.

.30

94 241

*17

904

*56

.60

30th December, 1932.

E. H. WILLIAMS,

District Officer, North..

1970

DISTRICT OFFICE, TAI PO.

　　No. S. 529.-It is hereby notified that the following Sale of Crown Land by Public Auction will be held at the Land Office, Ping Shan, at 11 a,m,, on Thursday, the 19th day of January, 1933,

　　The Lots are sold for the term of Seventy-five years from the 1st day of July, 1898, with the right of renewal for a further term of 24 years less 3 days at a re-assessed Crown Rent. Lots Nos. 1 to 10 as Building Lots and Lots Nos. 11 to 32 as Agricultural Lots subject to the General Conditions of Sale published in Government Notification No. 570 of 1924 as amended by Government Notification No. 470 of 1931. Lots Nos. 1 to 10 are further subject to Special Condition No. 2 (a). Lots Nos. 11 to 32 are further subject to Special Condition No. 1 (a), (b) and (c) in the above Government Notification.

　　The amounts to be spent on each building lot in rateable improvements under the General Condition No. 5 are $2,750, $2,750, $1,500, $1,000, $750, $500, $500, $250, $250, and $250 respectively.

PARTICULARS OF THE LOTS.

Registry No.

Locality.

No. D. D. Lot.

Boundary Measurements.

Contents

Annual

in Acres, or Price. Square feet.

Upset Crown

Rent.

feet. feet. feet. feet.

300

132

Castle Peak.

As per plan deposited in the District Office, North.

4,500 sq. ft.

5.50

134

4,500

5.50

فن

131

2,500

3.00

133

1,500

2.00

125

2125

Ha Tsun Tung Tau.

1,190

1.50

112 1785

Lin Fa Ti.

700

1.00

131

820

Yeung Siu Hong.

625

1.00

122 1577

Shui Pin Wai.

384

.50

130

2522

Nai Wai.

234

.50

104

1141

Ngau Tam Mi.

4,791

5.50

1085

22 acre.

.30

12.

1087

*27

·30

1089

+22

.30

.་

1090

•19

.20

15.

1139

*09

.10

1144

•01

.10

1.7

1156

*02

.10

1159

*09

.10

1152

*02

.10

1155

*02

.10

1161

*09

.10

1971

PARTICULARS OF THE LOTS,--Continued.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D Lot.

Acres, or Price. Square feet.

in Upset Crown

Annual

Rent.

feet.

feet. feet. feet.

€A

104

1166

Ngau Tam Mi.

As per plan deposited in the District Office, North.

.17 acre.

.20

1167

..10

4199

1.19

130

1.20

109

1227

Kam Tin.

$22

.30

1228

$25

.30

027

1233

*07

.10

112

1671

Lin Fa Ti.

1.22

135

1.30

121

1817

Fui Sha Wai.

*09

.10

132

1686

Leung Tin Tsun.

•24

.30

1687

+25

.30

1755

•13

.20

༤

30th December, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

　　No. S. 530.-The following description and terms of the proposed lease of certain Crown Land at Ma Tau Kok, comprising portion of the Foreshore and Sea Bed, are published under the provisions of the Foreshores and Sea Bed Ordinance, 1901.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in Sq. feet.

Annual Pre-

Rental. mium.

Kowloon Marine Lot No. 102.

About

Adjoining Kowloon Marine Lot No. 97, Ma Tau Kok.

As per sale plan.

3 acres.

2,400 65,340

1971

PARTICULARS OF THE LOTS,--Continued.

Registry No.

Boundary Measurements.

Contents

Locality.

No. D. D Lot.

Acres, or Price. Square feet.

in Upset Crown

Annual

Rent.

feet.

feet. feet. feet.

€A

104

1166

Ngau Tam Mi.

As per plan deposited in the District Office, North.

.17 acre.

.20

1167

..10

4199

1.19

130

1.20

109

1227

Kam Tin.

$22

.30

1228

$25

.30

027

1233

*07

.10

112

1671

Lin Fa Ti.

1.22

135

1.30

121

1817

Fui Sha Wai.

*09

.10

132

1686

Leung Tin Tsun.

•24

.30

1687

+25

.30

1755

•13

.20

༤

30th December, 1932.

E. H. WILLIAMS,

District Officer, North.

PUBLIC WORKS DEPARTMENT.

DESCRIPTION OF THE LOT PROPOSED TO BE LEASED.

Boundary Measurements.

Lot No.

Locality.

Contents in Sq. feet.

Annual Pre-

Rental. mium.

Kowloon Marine Lot No. 102.

About

Adjoining Kowloon Marine Lot No. 97, Ma Tau Kok.

As per sale plan.

3 acres.

2,400 65,340

1972

　　　A plan of the lot, signed by the Director of Public Works, can be seen at the Office of the Public Works Department.

PROPOSED TERMS OF THE SALE AND CROWN LEASE.

　　　1. In consideration of payment of the premium and upon completion of the reclama-- tion of the above lot to the satisfaction of the Director of Public Works, it is proposed to grant a Crown Lease of the whole area coloured red on the said plan and having a total area of 3 acres for a term of 75 years, commencing from the date on which possession shall be given, renewable for a further term of 75 years at a re-assessed Crown Rent.

　　　The amounts of the premium and Crown Rent are subject to re-adjustment when the reclamation has been completed in accordance with the area actually occupied.

　　　2. The Crown Lease of the area coloured red on the said plan will be subject to and contain all Exceptions, Reservations, Covenants, Clauses, and Conditions usually inserted in the Crown Lease of Kowloon Marine Lots in the Colony of Hong Kong; the Lease- will also specify the purpose for which the land is leased (i.e., whether for the purpose of reclamation, building dwelling houses, factories, or godowns for the storing of coal or other goods, or whether for any other purpose) and shall contain a proviso that in the event of the lessee, his executors, administrators, and assigns, or successors and assigns (as the case may be) failing, at any time during the continuance of the term of the said Lease to use the demised land for the purpose so specified as aforesaid, without the previous licence or consent of His Majesty, His Heirs, Successors or Assigns, signified in writing by the Governor, then it shall be lawful for His Majesty, His Heirs, Successors or Assigns, by the Governor or by any officer authorised by him in writing, to re-enter on the land, foreshores and Sea beds included in and demised by such Lease or any portion thereof in the name of the whole, and thereupon the same shall be forfeited to and vest in the Crown; the Lease will also contain in particular a reservation to the Crown of all mines and minerals under the demised land. The Lease will also contain a proviso that the Lessee is to have the option of renewing the Lease for a further term. of 75 years at a re-assessed Crown Rent to be fixed by the Surveyor of His Majesty the KING.

3. The Lessee of the lot will also have to pay the sum of $32 for boundary stones- required to define the lot, and the prescribed fee for the Crown Lease.

30th December, 1932.

R. M. HENDERSON,

Director of Public Works.

1973

S恵示第五百三十號工程司軒

通告事現政府欲將下開馬頭角政府公地一段連同該處海岸及海灘

招人承批茲特按照一千九百零一年則例卽海岸及海灘則例將該地民情形及投賣章程刋列於左此佈

該地段係册錄九龍海地段第一百零二號接連馬頭角九龍海地段第

該地段情形開列于左

九十七號該地四至廣闊在賣地圖内載明共計約三英畝每年地稅銀二千四百圓投價以六萬五千三百四十四爲底

以上公地一現有則圖給安由本司署名存在本署任人觀看計開章程

篇

承買之日起准其管業七十五年期滿由政府再定地稅准其續批

十五年該地填妥後由政府清火照面積廣闊將應繳地價及地稅實若干

二圖內用紅色填明之地印立官契時須將九龍海地段官契所載各通及特別章程載入遵照辦理聲明該地欲作何用(如祇欲將其增平抑欲用以建築住屋工廠煤倉貨倉或別項用途等)並註明如批人或權理人或承繼人於批期内未得政府批准並未由督憲發給憑証擅自違背所指用途處置該地則政府可由督憲或由督憲札委人員將該地全段或其一段收回作爲充公叉如該地下有礦或礦產尋出亦須交回政府習期滿後承批人欲續批亦可續批七十五年惟地稅則須由丈量官再定

三該地段之界石承批人須繳銀三十二圓並照規定之率繳納印契費

一上開地段已在圖内用紅色塡明共計約三英畝承批該地者須遵照

用

訂定章程辦理井將該地填高得本司滿意後政府卽行發給官契由

一千九百三十二年

十二月

三十日

1974

PUBLIC WORKS DEPARTMENT.

No. S. 531.―Notice is hereby given under section 3 of The Foreshores and Sea Bed Ordinance, 1901, that all persons having any objections to the granting of the lease as above described must send in particulars of their objections in writing to the Colonial Secretary before the expiration of a period of three months from the 30th day of December, 1932, and all such objections will be considered by the Governor in Council.

And notice is also given that if after the expiration of such period of three months the Governor in Council shall declare it to be expedient to grant a lease of the said lot, the said proposed sale will be proceeded with, and that the Crown Lease of the lot shall be deemed to demise to the lessee the foreshores or Sea beds included in such lease free and discharged from all rights, privileges, profits-a-prendre, and easements, whether public or private, which may have existed or may be claimed in or over such foreshore and sea bed, so far as is necessary for carrying out the purpose for which the land is leased.

30th December, 19.32.

R. M. HENDERSON,

Director of Public Works.

工程司軒

追索此佈

S意示第五百三十一號

内准承批人管業凡衆人或個人如有利權在該地者均一律取消不得用如有人批得卽行發給官契將該地用途應要之海岸及海灘載入契期滿後督意會同議政局議定後宣布該地應行出批本司卽將該地收三個月爲期須將理由禀呈布政司署俟督憲會同議政局商議定奪如之地民政府現擬出批如有不願其出批者由本年十二月三十號起限通告車茲特按照一千九百零一年海岸及海灘則例第三節宣佈上開

篇

一千九百三十二年

十二月

三十日

IN THE SUPREME COURT OF HONG KONG.

IN BANKRUPTCY.

Notice of First General Meeting of Creditors.

No. 38 of 1932.

Re Steger & Co., of No. 2 Connaught Road Central, Victoria, in the Colony of Hong Kong, Importers and Exporters.

　　　　　　Petition dated the 10th day of December, 1932.

NOTICE is hereby given that Wednes-

day, the 4th day of January, 1933, at 10.30 o'clock in the forenoon precisely, has been fixed for the First General Meeting of Creditors in the above-matter, to be held at the Official Receiver's Office, Victoria, Hong Kong.

　　　　　　No Creditor can vote unless he previously proves his debt at least 24 hours before the Meeting.

　　　　　　Forms of proof can be obtained and filled in at the Official Receiver's Office during office hours.

　　　　　　At the First General Meeting, the Creditors will be asked to consider whether the debtor firm shall be adjudged bankrupt.

Dated the 30th day of December, 1932.

E. L. AGASSIZ,

Official Receiver

(FILE No. 349 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Mut Wah

　　　　　　　　　Hong, of No 76, Des Voeux Road Central, (First Floor), Victoria, in the Colony of Hong Kong, have, on the 20th day of Septem- ber, 1932, applied for the registration in Hong Kong in the Register of Trade Marks of the following Trade Mark:-

1978

IN THE SUPREME COURT OF HONG KONG.

COMPANIES (Winding-up.)

No. 2 of 1932.

In the Matter of the Companies Ordi-

nance, 1911,

and

In the Matter of the Shanghai Company,

Limited.

NOTICE is hereby given that by an

Order dated the 24th day of Decem- ber, 1932, made in the above matter, the Court directed a meeting to be convened of the Creditors of the Company for the purpose of considering, and if thought fit, approving (with or without modification) a Scheme of Arrange- ment proposed to be made between the said Company and its Creditors (a copy of which Scheme may be inspected at the Registered Office of the Company Nos. 224, 226 and 228 Des Voeux Road Central) and that such meet- ing will be held at the Registered Office of the Company on Friday the 6th day of January 1933 at 3 o'clock in the afternoon at which time and place all such Creditors are respec- tively_requested to attend. By the said Order Mr. Ho Leong or failing him, such person as he may nominate is appointed Chairman of such meeting, and the Chairman is directed to report the result thereof to the Court. The said Scheme will be subject to the subsequent approval of the Court.

Dated the 28th day of December, 1932.

(CHIU WAI SAN)

(趙惠臣)

Managing Director.

THE PIK AH COMPANY, LIMITED.

(IN LIQUIDATION).

NOTICE is hereby given that pursuant to

Section 188 of the Companies Ordin- ances (No. 58 of 1911) a General Meeting of the shareholders of the Company will be held at the 1st floor, No. 21, Bonham Strand East, Victoria, Hong Kong, on Saturday, the 4th February, 1933, at 4.30 p.m.

Business:

"To pass

Liquidator."

the Final Accounts of the

Dated the 30th day of December, 1932.

IN THE SUPREME COURT OF

HONG KONG.

ORIGINAL JURISDICTION,

ACTION NO. 373 of 1932.

Between The Ho Hong Bank Ltd., Plaintiffs

and Charlie Choa

Defendant.

NOTICE is hereby given that a Writ of

Foreign Attachment against all the property movable and immovable of the above- named Defendant was issued on the 17th day of December, 1932, returnable on the 9th day of January, 1933, pursuant to the Provisions of the Hong Kong Code of Civil Procedure.

Dated the 19th day of December, 1932.

WILKINSON & GRIST,

Plaintiffs' Solicitors, 2, Queen's Road Central, Hong Kong.

(FILE NO. 379 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Two

Trade Marks.

OTICE is hereby given that Kalle & Co., Aktiengesellschaft of Wiesbaden- Biebrich, Germany, Merchants, have, on the 4th day of October, 1932, applied for the registra- tion in Hong Kong, in the Register of Trade Marks of the following Trade Marks:-

(1)

OZALID

IN TH

(2)

Cellophan

WONG LAI TO,

黃澧儔

Liquidator,

塞

REGISTERED TRADE MARK.

　　　　　in the name of the Mut Wah Hong, who claim to be the proprietors thereof.

　　　　　　The Trade Mark has been used by the appli- cants since the year 1931, in Class 3 in respect of Medicine.

　　　　　　　A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

THE MUT WAH HONG. 76, Des Vœux Road Central, Hong Kong. Applicants.

In the Matter of the Companies Ordin-

ance, 1911-1923.

and

In the Matter of Arratoon V. Apcar &

Co., Ltd.

(IN LIQUIDATION).

OTICE is hereby given pursuant to Sec- tion 181 of the Companies Ordinance, 1911-1923, that a Meeting of the Creditors of Arratoon V. Apcar & Co., Ltd., will be held at the Offices of Messrs. Percy Smith, Seth & Fleming, 6, Des Voeux Road Central, Hong Kong, on Saturday, the 28th day of January, 1933, at 12.30 p.m. for the purposes provided for in the said Section.

Dated the 29th day of December, 1932.

J. HENNESSEY SETH,

Liquidator.

露

in the name of Kalle & Co., Aktiengesellschaft, who claim to be the sole proprietors thereof.

The Trade Marks have been used by the Applicants in respect of paper (except paper- hangings) stationery and bookbinding in Class

39.

Facsimiles of such Trade Marks can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS, Solicitors for the Applicants, 1, Des Voeux Road Central,

Hong Kong.

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that The Mok

1979

(FILE No. 77 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

NOTICE

Man Sum Druggist (莫民心藥 of No. 22, Cochrane Street, Victoria, NOTICE is hereby given that Compagnie Nationale de Matiéres Colorantes

Hong Kong, have on the 13th day of Decem- ber, 1932, applied for the registration, in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

et Manufactures de Produits Chimiques du Nord Réunies Etablissements Kuhlman of 11, Rue de la Baume, Paris, in the Republic of France, have on the 2nd day of March, 1932, applied for the registration in Hong Kong, in the Register of Trade Marks, of the following Trade Mark :-

in the name of the Mok Man Sum Druggist, who claims to be the proprietor thereof.

The said Trade Mark has been used by the Applicant in respect of the goods mentioned in the application, namely, Reviving Oil in Class 3.

Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks and also at the office of the undersigned.

Dated the 30th day of December, 1932.

MOK MAN SUM DRUGGIST, No. 22, Cochrane Street, Hong Kong.

(FILE No. 446 or 1932) TRADE MARKS ORDINANCE, 1909,

Application for Registration of

a Trade Mark.

OTICE is hereby given that the Shiu Wah Kwong Kee Knitting Mill

(ZERLYA) of Nos. 351-

355, Lai Chi Kok Road, in the Dependency of Kowloon, in the Colony of Hong Kong, have on the 5th day of December, 1932, applied for the registration in Hong Kong, in the Register

of Trade Marks, of the following Trade Mark:-

厰織紗記廣華紹

商標

註册

衫線牌磅金

in the name of the said Shiu Wah Kwong Kee Knitting Mill, who claim to be the proprietors thereof.

The Trade Mark is intended to be used forthwith by the applicants in Class 38 in respect of Articles of Clothing.

in the name of Compagnie Nationale de Matiéres Colorantes et Manufactures de Produits Chimiques du Nord Réunies Etablissements Kuhlman who claim to be the sole proprietors thereof.

The Trade Mark has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of Chemical substances used in manufactures, photography or philosophical research and anti-corrosives in Class 1 and in respect of Raw or partly prepared vegetable, animal and mineral substances used in manufactures not included in other Classes in Class 4.

A facsimile of such Trade Mark can be seen at the offices of the Regis trar of Trade Marks of Hong Kong and of the undersigned.

Dated the 30th day of December, 1932.

GREEN ISLAND CEMENT COMPANY, ≈

LIMITED.

NOTICE is hereby given that at a Meeting

of Board of Directors of Green Island Cement Company, Limited, held at Exchange Building, Victoria, in the Colony of Hong Kong, on Wednesday, the 17th day of August, 1932, a Call of $2.75 per share was made upon all the members holding shares, whose names appear in the Company's register of share- holders on the 17th day of August, 1932, upon which only $100 per share has been paid, and it was determined that such Call should be paid on the 31st day of December, 1932, to the Company's Bankers, The Hong Kong & Shang- hai Banking Corporation, at their Head Office, Queen's Road Central, Victoria, aforesaid.

Upon presentation at the Office of the Com- pany of Bankers' Receipt for the payment of such Call, together with the Certificate of at the offices of the Registrar of Trade Marks Shares, a note of the payment will be endorsed and also at the undersigned.

Pascimiles of such Trade Mark can be seen

Dated the 30th day of December, 1932.

A. E. HALL & CO.,

Solicitors for the Applicants,

Pedder Building,

Hong Kong,

on the Certificate.

Dated the 17th day of August, 1932.

By Order of the Board,

ALLAN KEITH, Secretary.

DEACONS,

Solicitors for the Applicants, 1, Des Voeux Road Central, Hong Kong.

ARRATOON V. APCAR & CO., LTD.

(IN VOLUNTARY Liquidation)

AT an Extraordinary General Meeting of

the Members of the above-named Com- pany, duly convened and held at the offices of Messrs. Percy Smith, Seth & Fleming, No. 6, Des Voeux Road Central, on Saturday, the 10th day of December, 1932, the following Extra- ordinary Resolutions were duly passed; and at a second Extraordinary Meeting duly con- vened and held at the same place, on Wednes- day, the 28th day of December, 1932, the same were duly confirmed as Special Resolutions, viz:-

1. That the Company be wound up

voluntarily.

2. That John Hennessey Seth, Incor- porated Accountant, of No. 6, Des Voeux Road Central, be and is hereby appointed Liquidator for the purposes of such winding up.

Dated the 28th day of December, 1932.

M. J. PATELL, Chairman.

(FILE NO. 381 of 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of a Trade Mark.

OTICE is hereby given that I. G.

N° Farbenindustrie Aktiengesellschaft of

Frankfort on Main, Germany. have, on the 7th ay of October, 1932, applied for the registra-

day

tion the

1980

(FILE Nos. 336 AND 358 OF 1932)

TRADE MARKS ORDINANCE, 1909.

Application for Registration of Three Trade Marks.

Man in Hong Kong, in Trade blister of Trade NOTICE is hereby given that Scott & Turner, Ltd., of St. Andrews Build-

Marks, of the following Mark:-

DIAZOPON

抵

ings, 4, Gallowgate, Newcastle-on-Tyne, England, Manufacturing Dry- salters, have, on the 29th day of April, 1932, applied for registration in Hong Kong, in the Register of Trade Marks, of the following Three Trade Marks:-

(1)

LITER ANDUNG, BUT IT IS 6

ANDREWS

LIVER SALT

2013

den

擦

齊

in the name of I. G. Farbenindustrie Aktienge sellschaft, who claim to be the sole proprietors thereof.

A facsimile of such Trade Mark can be seen at the offices of the Registrar of Trade Marks of Hong Kong and of the undersigned..

Dated the 28th day of October, 1932.

DEACONS,

Solicitors for the Applicants, No. 1, Des Voeux Road Central, Hong Kong.

(FILE No. 356′ or 1932)

TRADE MARKS ORDINANCE, 1909

Application for Registration of a Trade Mark.

NOTICE is hereby given that the Kam

Hong) of No. 421, Hennessey Road, Victoria, in the Colony of Hong Kong, have, on the 24th day of Septem- ber, 1932, applied for the registration in Hong Kong, in the register of Trade Marks of the following Trade Mark, namely :-

のり

in the name of the said Kam Tsz Hong

(1) who claim to be the proprie-

tors thereof.

　　　　　　　The Trade Mark has been used by the appli cants in class 3 in respect of Chemical sub- stances prepared for use in medicine and phar- maoy and particularly in respect of a médicinal Oil know as "Kam Ts, Oil (4), since January, 1930.

　　　　　　　　Facsimiles of such Trade Mark can be seen at the office of the Registrar of Trade Marks and of the undersigned.

Dated the 28th day of October, 1932.

A. E. HALL AND COMPANY,

2.1

olicitors for the Applicants,

Pedder Building,

Hong Kong.

ANDREWS

LIVER

GUARANTEED PURE & HEALTH GIVING

NDREWS

LIVER SALT

SALT

DIRECTIONS for USE.

ONE TEASPOONFUL

{wnvigor a hong ||

IN A TUMBLER OFingrin

WATER

Any time

AS A MEDICINE

ONE ONTO 11

TEASPOONPULS IN | DE PRENDR

A TUMBLER OF

WATHER

the thera

on sing

SCOTT & TURNER LIMITED

ANDREWS

RAD THIS

CAKER

PURIFIES & INVIGORATES THE WHOLE SYSTEM

(2)

ANDREWS LIVER SALT

( 3 )

Andrews

in the name of Scott & Turner, Ltd., who claim to be the sole proprietors thereof....

Trade Mark No. 1 has not hitherto been used by the Applicants but it is their intention to use same forthwith in respect of a Medicinal Preparation for Human use in Class 3.

Trade Marks Nos. 2 and 3 have been used by the Applicants in respect. of a Medicinal Preparation for Human: use in Class 3.

The word "Andrews" has been declared to be distinctive by order of His Excellency the Governor under Section 9 (5) of the Trade Marks Ordin- ance 1909,

Trade

心のの

The said Trade Marks are to be associated one with the other.

Facsimiles of such Trade Mark can be seen at offices of the Registrar of Marks of Hong Kong and of the undersigned.

Dated the 28th day of October, 1932.

DEACONS

Solicitors for the Applicants,

1, Des Voeux, Road Central,

Hong Kong

Government Gazette Supplementary | 政府憲報副刊 | 1932