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

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 6, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 1.-Attention is drawn to Government Notification No. 303 of the 30th Sep- tember, 1910, and all non-Chinese persons in this Colony are reminded that they are liable to arrest if they cross the border line of the New Territories without passports.

　　　　British subjects who desire to obtain passports should address themselves to H.B.M.'s Vice-Consul, Canton, forwarding at the same time the necessary fee, viz., $4.20.

F. H. MAY, Colonial Secretary.

6th January, 1911.

OBSERVATORY.

　　　　No. 2.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of December, 1910.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

DATE.

CLOUDI SUN-

NESS. SHINE.

RAIN.

M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir. Vel.

ins.

ره

p. c. ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

30.03

77.1

72.0

65.9

0.68

0.9

0.045

11.3

.16

65.9 59.6

55.1 80

.41

0.160

N by E11.5

.23

61.8 55.8

52.6 69

.31

3.2

N by E

9.7

.22

62.9 58.1

52.1 63

.31

3.3

N by E

6.8

.22

62.9

59.3

56.2 71

.36

100

0.2

0.055

N by E

5.5

.19

66.4

62.1

59.3 71

.39

100

1.2

N by E

8.5

.14

62.0

58.1 55.5 79

.39

100

0.060

N by E

5.6

.12

62.7

58.2 54.0 79

.39

100

0.085

4.5

.14

62.4

59.2 56.0 75

.38

0.1

N by E

5.6

10,

.17

66.1

61.6 58.2 69

.38

1.4

NNE

5.6

11,

.22

64.4

60.3 57.0 69

.36

1.0

NE by E

7.3

12,

.23

64.7

60.6

55,6 65

.35

4.6

NE by N

6.7

13,

.21

65.3

58.7 53.8 65

.32

9.3

7.4

14,

.23

62.8 54.9 49.8 54

.23

10.2

N by E

7.8

15,

.29

60.2

53.9 48.9 62

.26

5.2

7.2

16,

.30

61.8

54.9 47.6 63

.27

9.9

6.1

17,

.15

63.1

58.8

54.9 71

.35

9.1

E by N

16.7

18,

.03

63.8

62.1

59.6 80

.45

1.1

0.095

24.2

19,

.01

66.3

63.9 61.0 91

.54

100

0.1

0.285

13.1

20,

.01

70.0 65.4 62.4 86

.54

8.0

0.005

W by N

4.5

21,

.16

67.2

60.8 54.7 66

.35

7.1

N by E

7.8

22,

.25

62.3 55.4 50.0 60

.27

9.5

N by E

8.6

23,

.25

61.3

53.5 45.8 48

.20

10.1

9.2

24,

.21

60.2

54.6 48.8 56

.24

7.7

NE by E

4.4

25,

.26

65.4 57.5 50.0 31

.15

9.9

6.8

26,

.20

65.8 59.5

52.3 35

.18

9.9

E by N

11.8

27,

.22

67.9

62.2 56.6 43

.24

7.5

13.0

28,

.28

71.3 63.1

59.0 64

.37

8.8

7.5

29.

.18

65.9 60.8

56.8 65

.35

9.6

11.5

30,

.10

81,

.10

69.3 62.2 56.7 68 68.4 62.3 | 57.1 68

9.6

E by S

4.5

.38

9,7

E by N

20.9

Means or Total,

30.18

65.1 59.7 54.9 66

0.35

58 168.2

0.790

9.1

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR DECEMBER :-

"Max'm,

30.24

71.2 66.2 62.4

Mean,

30.17

67.8

62.7 58.6

Min'm,

30 08

64.2

58.5

54.0

8888888

0.51 66 0.39 0.29

82 254.4 51 179.2 21 71.9

4.10

15.1

1.18

ENE 12.4

0.00

19.5

4th January, 1911.

F. G. FIGG,

Director.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 6, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 3.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 150 of 1897.

4th January, 1897.

The Lung Ki Company.

3rd January, 1925.

47.

4th Junuary, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 4.

CIRCULAR.

DOWNING STREET,

3rd December, 1910.

SIR,- With reference to Mr. Chamberlain's Circular of the 20th of January, 1897, and the Earl of Elgin's Circular of the 22nd of May, 1906, I have the honour to transmit to you, for such publication or other action as to you may appear desirable, a copy of an Order-in- Council of the 13th of October, 1910, prescribing new regulations for the prevention of collisions at sea, and rules relating to signals of distress.

I have, &c.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

NOTE BY THE BOARD OF TRADE.

　　　　　The Order-in-Council of 13th October, 1910, reproduces the regulations for preventing collisions at sea and the regulations relating to distress signals which have been in force since 1897, and also embodies, in articles 8 and 9 respectively, the regulations as to the lights of steam pilot vessels and the lights and signals of fishing-vessels which were enacted by Order-in-Council in 1892 and 1906 respec- tively. It also applies the regulations, with certain reservations, to the vessels of a large number of foreign countries.

No alteration has been made in the requirements of the regulations affecting British vessels. The previous Order-in-Council respecting collision regulations and signals of distress are now

obsolete.

AT THE COURT AT SAINT JAMES'S,

THE 13TH DAY OF OCTOBER, 1910.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

HEREAS by Section 418 of the Merchant Shipping Act, 1894, His Majesty is empowered from time to time on the joint recommendation of the Admiralty and the Board of Trade by Order in Council to make regulations for preventing collisions at sea, in the said Act referred to as Collision Regulations:

And whereas by Section 424 of the said Act it is provided that whenever it is made to. appear to His Majesty in Council that the Government of any foreign country is willing that the said regulations or any of them should apply to the ships of that country when beyond the limits of British jurisdiction. His Majesty may, by Order in Council, direct that those regulations shall, subject to any limitation of time, conditions and qualifications con- -tained in the Order, apply to the ships of the said foreign country, whether within British jurisdiction or not, and that such ships shall for the purpose of such regulations be treated. as if they were British ships:

　　　　And whereas by Section 434 of the said Act His Majesty is empowered from time to time by Order in Council to make rules as to signals of distress:

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

And whereas by Section 734 of the said Act it is provided that where it has been made to appear to His Majesty that the Government of any foreign country is desirous that any of the provisions of that Act which do not apply to the ships of that country, should so apply, and there are no special provisions in the Act for that application, His Majesty in Council may order that such of those provisions as are in the Order specified shall (subject to the limitations, if any, contained therein) apply to the ships of that country, and to the owners, masters, seamen, and apprentices of those ships, when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were British ships:

　　　And whereas by Section 738 of the said Act it is provided that where His Majesty has power under that Act or any Act amending the same, to make an Order in Council His Majesty may from time to time make that Order in Council and by Order in Council revoke, alter or add to any Order so made :

And whereas by the said last-mentioned Section it is further provided that subject to any-special provisions of that Act upon the publication of any such Order the Order shall as from the date of its publication or any later date mentioned in the Order take effect as if it were enacted by Parliament :

　　　And whereas by an Order in Council dated the 27th day of November, 1896, regula- tions for preventing collisions at sea and as to distress signals were made as regards British ships and boats, and by a subsequent Order dated the 7th day of July, 1897, these regula- tions were extended, subject to the limitations stated in the Order, to the ships of the several countries specified in Schedule III. to the last mentioned Order:

　　　And whereas by Orders in Council dated respectively the 18th day of August, 1892, the 7th day of July, 1897, and the 4th day of April, 1906, other regulations for the preven tion of collisions were made as regards British ships:

　　　And whereas it is expedient to consolidate the regulations which have been made as regards British ships:

　　　And whereas it has been made to appear to His Majesty that the Governments of the several countries mentioned in Schedule II. hereto annexed are willing that the regulations and rules contained in Schedule 1. should, subject to the qualifications mentioned in the aforesaid Sche lule 1. and to the proviso in the case of Chinese ships that the application of the regulations and rules shall be limited to ships of foreign type, apply to the ships of those countries when beyond the limits of British jurisdiction:

And whereas the provisions of Section one of the Rules Publication Act, 1893, have been complied with:

Now therefore His Majesty, by virtue of the powers conferred on Him by the aforesaid Act, and on the joint recommendation of the Admiralty and the Board of Trade, and by and with the advice of His Privy Council, is pleased to direct that the collision regulations and the rules as to signals of distress contained in Schedule I. to this Order shall apply to all British ships:

And His Majesty is also pleased to direct that the said regulations and rules shall, subject to the aforesaid qualifications and to the proviso in the case of Chinese ships that the regulations and rules will be applicable only to ships of foreign type, apply to the ships of the countries named in Schedule II. to this Order whether they are within British jurisdiction or not, and that such ships shall for the purpose of such regulations and rules be treated as if they were British ships:

And His Majesty is further pleased to direct that this Order shall come into operation on and after the 13th day of October, 1910, and that as and from the coming into opera- tion of this Order the Orders in Council specified in Schedule III. to this Order shall be revoked and the same shall be revoked accordingly.

ALMERIC FITZROY.

The HONGKONG government gazette, January 13, 1911.

SCHEDULE I.

Preliminary.

These Rules shall be followed by all vessels upon the high seas and in all waters con- nected therewith, navigable by sea-going vessels.

　　　　In the following Rules every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel.

The word "steam vessel" shall include any vessel propelled by machinery.

　　　A vessel is "under way within the meaning of these Rules, when she is not at an- chor, or made fast to the shore or aground.

Rules concerning Light, &c.

The word "visible" in these Rules, when applied to lights, shall mean visible on a dark night with a clear atmosphere.

　　　Article 1. The Rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited.

Article 2. A steain vessel when under way shall carry-

(a.) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less than 20 feet, and if the breadth of the vessel exceeds 20 feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than 40 feet, a bright white light, so constructed as to show an unbroken light over an are of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel, viz., from right ahead to 2 points abaft the beam on either side, and of such a character as to be visible at a distance of at least 5 miles.

(b.) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least 2 miles. (c.) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side, and of such a cha- racter as to be visible at a distance of at least 2 miles.

(d.) The said green and red side-lights shall be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent these lights from being seen across the bow.

(e.) A steam vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall be so placed in line with the keel that one shall be at least 15 feet higher than the other, and in such a position with reference to each other that the lower light shall be forward of the upper one.

The vertical distance between these

lights shall be less than the horizontal distance.

Article 3. A steam vessel when towing another vessel shall, in addition to her side- lights, carry two bright white lights in a vertical line one over the other, not less than 6 feet apart, and when towing more that one vessel shall carry an additional bright white light 6 feet above or below such lights, if the length of the tow, masuring from the stern of the towing vessel to the stern of the last vessel towed, exceeds 600 feet.

Each of these

lights shall be of the same construction and character, and shall be carried in the same posi- tion as the white light mentioned in Article 2 (a), except the additional light, which may be carried at a height of not less than 14 feet above the hull.

　　　Such steam vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

Article 4.- (a.) A vessel which from any accident is not under command shall carry at the same height as the white light mentioned in Article 2 (a), where they can best be seen, and, if a steam vessel, in lieu of that light, two red lights, in a vertical line one over the other, not less than 6 feet apart, and of such a character as to be visible all round the horizon at a distance of at least 2 miles; and shall by day carry in a vertical line one over the other not less than 6 feet apart, where they can best be seen, two black balls or shapes each 2 feet in diameter.

(b.) A vessel employed in laying or in picking up a telegraph cable shall carry in the same position as the white light mentioned in Article 2 (a), and if a steam vessel, in lieu of that light, three lights in a vertical line one over the other, not less than 6 feet apart. -The highest and lowest of these lights shall be red, and the middle light shall be white, and they shall be of such a character as to be visible all round the horizon, at a distance of at least 2 miles. By day she shall carry in a vertical line one over the other, not less than 6 feet apart, where they can best be seen, three shapes not less than 2 feet in diameter, of which the highest and lowest shall be globular in shape and red in colour, and the middle one diamond in shape and white.

　　(c.) The vessels referred to in this Article when not making way through the water, shall not carry the side lights, but when making way shall carry them.

　　(d.) The lights and shapes required to be shown by this Article are to be taken by other vessels as signals that the vessel showing them is not under command and cannot therefore get out of the way.

These signals are not signals of vessels in distress and requiring assistance. Such signals are contained in Article 31.

Article 5. A sailing vessel under way, and any vessel being towed, shall carry the same lights as are prescribed by Article 2 for a steam vessel uuder way, with the exception of the white lights mentioned therein, which they shall never carry.

Article 6. Whenever, as in the case of small vessels under way during bad weather, the green and red side-lights cannot be fixed, these lights shall be kept at hand lighted and ready for use; and shall, on the approach of or to other vessels, be exhibited on their res- pective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than 2 points abaft the beam on their respective sides.

To make the use of these portable lights more certain and easy, the lanterns contain- ing them shall each be painted outside with the colour of the light they respectively contain, and shall be provided with proper screens.

Article 7. Steam vessels of less than 40, and vessels under oars or sails of less than 20, tous gross tonnage, respectively, and rowing boats, when under way, shall not be obliged to carry the lights mentioned in Article 2 ("), (b) and (c), but if they do not carry them they shall be provided with the following lights :-

ડું

1. Steam vessels of less than 40 tons shall carry :

(a.) In the fore part of the vessel, or on or in front of the funnel, where it can best be seen, and at a height above the gunwale of not less than 9 feet, a bright white light constructed and fixed as prescribed in Article 2 (a), and of such a character as to be visible at a distance of at least 2 miles.

(b.) Green and red side-lights constructed and fixed as prescribed in Article 2 (6) and (c), and of such a character as to be visible at a distance of at least 1 mile, or a combined lantern showing a green light and a red light from right ahead to 2 points abaft the beam on their respective sides. Such lantern shall be carried not less than 3 feet below the white light.

2. Small steamboats, such as are carried by sea-going vessels, may carry the white light at a less height than 9 feet above the gunwale, but it shall be carried above the combined lantern, mentioned in sub-division 1 (b).

3. Vessels under oars or sails, of less than 20 tons, shall have ready at hand a lantern with a green glass on one side and a red glass on the other, which, on the approach of or to other vessels, shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

4. Rowing boats, whether under oars or sail, shall have ready at hand a lautern showing a white light, which shall be temporarily exhibited in sufficient time to prevent collision.

　　　　The vessels referred to in this Article shall not be obliged to carry the lights prescribed by Article 4 (a), and Article 11, last paragraph.

Article 8. Pilot-vessels, when engaged on their station on pilotage duty, shall not show the lights required for other vessels, but shall carry a white light at the misthead, visible all round the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes.

On the near approach of or to other vessels they shall have their side-lights lighted, ready for use, and shall flash or show them at short intervals, to indicate the direction in which they are heading, but the green light shall not be shown on the port side, nor the red light on the starboard side.

A pilot-vessel of such a class as to be obliged to go alongside of a vessel to put a pilot instead on board, may show the white light instead of carrying it at the masthead, and may, of the Coloured lights above mentioned, have at hand ready for use a lantern with a green glass on the one side and a red glass on the other, to be used as prescribed above.

A steam pilot-vessel exclusively employed for the service of pilots licensed or certified by any pilotage authority or the Committee of any pilotage district, when engaged on her station on pilotage duty and not at anchor, shall, in addition to the lights required for all pilot boats, carry at a distance of eight feet below her white masthead light a red light visible all round the horizon and of such a character as to be visible on a dark night with a clear atmosphere at a distance of at least two miles, and also the coloured side-lights required to be carried by vessels when under way.

　　　　When engaged on her station on pilotage duty and at anchor she shall carry, in addi- tion to the lights required for all pilot boats, the red light above mentioned, but not the coloured side-lights.

　　　　Pilot-vessels, when not engaged on their station on pilotage duty, shall carry lights similar to those of other vessels of their tonnage.

　　　　Article 9.*+ Fishing-vessels and fishing-boats, when under way and when not required by this Article to carry or show the lights hereinafter specified shall carry or show the lights prescribed for vessels of their tonnage under way.

(a.)

Open boats, by which it is to be understood boats not protected from the entry of sea water by means of a continuous deck, when engaged in any fishing at night with outlying tackle extending not more than 150 feet horizontally from the boat into the seaway, shall carry one all-round white light.

Open boats, when fishing at night, with outlying tackle extending more than 150 feet horizontally from the boat into the seaway, shall carry one all-round white light, and in addition, on approaching or being approached by other vessels, shall show a second white light at least 3 feet below the first light and at a horizontal distance of at least 5 feet away from it in the direction in which the outlying tackle is attached.

(b.) Vessels and boats, except open boats as defined in sub-division (a), when fishing with drift-nets, shall, so long as the nets are wholly or partly in the water, carry two white lights where they can best be seen. Such lights shall be placed so that the vertical distance between them shall be not less than 6 feet and not more than 15 feet, and so that the horizontal distance between them, measured in a line with the keel, shall be not less than 5 feet and not more than 10 feet. The lower of these two lights shall be in the direction of the nets, and both of them shall be of such a character as to show all round the horizon, and to be visible at a distance of not less than 3 miles.

* This article does not apply to Chinese or Siamese vessels.

　　　　†The expression "Mediterranean Sea" contained in sub-sections (b) and (c) of this article includes the Black Sea and the other adjacent inland seas in communication with it.

Dutch vessels and boats when engaged in the "kol," or hand-line, fishing will carry the lights prescribed for vessel fishing with drift-nets.

་ { ་

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

Within the Mediterranean Sea and in the seas bordering the coast of Japan. and Korea sailing fishing vessels of less than 20 tons gross tonnage shall not be obliged to carry the lower of these two lights; should they, however, not carry it, they shall show in the same position (in the direction of the net or gear) a white light, visible at a distance of not less than one sea mile, on the approach of or to other vessels.

(c.) Vessels and boats, except open boats as defined in sub-division (a), when line- fishing with their lines out and attached to or hauling their lines, and when not at anchor or stationary within the meaning of sub-division (h), shall carry the same lights as vessels fishing with drift-nets. When shooting lines, or fishing with towing lines, they shall carry the lights prescribed for a steam or sailing vessel under way respectively.

Within the Mediterranean Sea and in the seas bordering the coasts of Japan and Korea sailing fishing vessels of less than 20 tons gross tonnage shall not be obliged to carry the lower of these two lights; should they, however, not carry it, they shall show in the same position (in the direction of the lines) a white light, visible at a distance of not less than one sea mile on the approach of or to other vessels.

(d.) Vessels, when engaged in trawling, by which is meant the dragging of an

apparatus along the bottom of the sea-

1. If steam vessels, shall carry in the same position as the white light mentioned in Article 2 (a), a tricoloured lantern so constructed and fixed as to show a white light from right ahead to two points on each bow, and a green light and a red light over an arc of the horizon from two points on each bow to two points abaft the beam on the starboard and port sides respectively; and not less than 6 nor more than 12 feet below the tricoloured lantern a white light in a lantern, so constructed as to show a clear uniform and unbroken light all round the horizon. 2. If sailing vessels, shall carry a white light in a lantern, so constructed as to show a clear uniform and unbroken light all round the horizon, and shall also, on the approach of or to other vessels, show where it can best be seen a white flare-up light or torch in sufficient time to prevent collision. All lights mentioned in sub-division (d) 1 and 2 shall be visible at a distance of at least 2 miles.

(e.) Oyster dredgers and other vessels fishing with dredge-nets shall carry and show

the same lights as trawlers.

(f.) Fishing vessels and fishing-boats may at any time use a flare-up light in addi- tion to the lights which they are by this Article required to carry and show, and they may also use working lights.

(g.)

Every fishing-vessel and every fishing-boat under 150 feet in length, when at anchor, shall exhibit a white light visible all round the horizon at a distance of at least one mile.

Every fishing-vessel of 150 feet in length or upwards, when at anchor, shall exhibit a white light visible all round the horizon at a distance of at least one mile, and shall exhibit a second light as provided for vessels of such length by Article 11.

Should any such vessel, whether under 150 feet in length, or of 150 feet in length or upwards, be attached to a net or other fishing gear, she shall on the approach of other vessels show an additional white light at least 3 feet below the anchor light, and at a horizontal distance of a least 5 feet away from it in the direction of the net or gear.

(h.) If a vessel or boat when fishing becomes stationary in consequence of her gear getting fast to a rock or other obstruction, she shall in daytime haul down the day-signal required by sub-division (k); at night show the light or lights pre- scribed for a vessel at anchor; and during fog, mist, falling snow, or heavy rain-storms make the signal prescribed for a vessel at anchor. (See sub-division (d), and the last paragraph of Article 15.)

* Also, as regards Russian vessels, in the seas (excluding the Baltic) bordering the coasts of Russia.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

(i.) In fog, mist, falling snow, or heavy rain-storms, drift-net vessels attached to their nets, and vees ls when trawling, dredging, or fishing with any kind of drag-net, and vessels line fishing with their lines out, shall, if of 20 tons gross tonnage or upwards, respectively, at intervals of not more than one minute make a blast; if steam vessels, with the whistle or siren, and if sailing vessels, with the fog-horn; each blast to be followed by ringing the bell. Fishing vessels and boats of less than 20 tons gross tonnage shall not be obliged to give the above-mentioned signals; but if they do not, they shall make some other efficient sound signal at intervals of not more than one minute.

(k.) All vessels or boats fishing with nets or lines or trawls, when under way, shall in daytime indicate their occupation to an approaching vessel by displaying a basket or other efficient signal where it can best be seen. If vessels or boats at

anchor have their gear out, they shall, on the approach of other vessels, show the same signal on the side on which those vessels can pass.

The vessels required by this Article to carry or show the lights herein before specified shall not be obliged to carry the lights prescribed by Article (4), and the last paragraph of Article 11.

Article 10. A vessel which is being overtaken by another shall show fro:n her stern to such last-mentioned vessel a white light or a flare-up light.

The white light required to be shown by this Artic'e may be fixed and carried in a lantern, but in such case the lantern shall be so constructed, fitted, and screened that it shall throw an unbroken light over an arc of the horizon of 12 points of the compass, viz, for 6 points from right aft on each side of the vessel, so as to be visible at a distance of at least 1 mile. Such light shall be carried as nearly as practicable on the same level as the side-lights.

Article 11. A vessel under 150 feet in length, when at anchor, shall carry forward, where it can best be seen, but at a height not exceeding 20 feet above the hull, a white light in a lantern so constructed as to show a clear, uniform, and unbroken light visible all round the horizon at a distance of at least 1 mile.

A vessel of 150 feet or upwards in length, when at anchor, shall carry in the forward part of the vessel, at a height of not less than 20, and not exceeding 40, feet above the hull, one such light, and at or near the stern of the vessel, and at such a height that it shall be not less than 15 feet lower than the forward light, another such light.

The length of a vessel shall be deemed to be the length appearing in her certificate of registry.

A vessel aground in or near a fairway shall carry the above light or lights and the two red lights prescribed by Article 4 (a).

Article 12. Every vessel may, if necessary in order to attract attention, in addition to the lights which she is by these Rules required to carry, show a flare-up light or use any detonating signal that cannot be mistaken for a distress signal.

Article 13. Nothing in these Rules shall interfere with the operation of any special rules made by the Government of any nation with respect to additional station and signal lights for two or more ships of war or for vessels sailing under convoy, or with the exhibition of recognition signals adopted by shipowners, which have been authorized by their respective Governments and duly registered and published.

Article 14. A steam vessel proceeding under sail only, but having her funnel up, shall carry in daytime, forward, where it can best be seen, one black ball or shape 2 feet in

diameter.

Sound-Signals for Fog, &c.

Article 15. All signals prescribed by this Article for vessels uuder way shall be given:

1. By "steam vessels " on the whistle or siren.

2. By

sailing vessels and vessels towed" on the fog-horn.

The words prolonged blast" used in this Article, shall mean a blast of from 4 to 6 seconds' duration.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

A steam vessel shall be provided with an efficient whistle or siren, sounded by steam or some substitute for steam, so placed that the sound may not be intercepted by any ob- struction, and with an efficient fog-horn, to be sounded by mechanical means, and also with an efficient bell.* A sailing vessel of 20 tons gross tonnage or upwards shall be provided with a similar fog-horn and bell.

In fog, mist, falling snow, or heavy rain-storms, whether by day or night, the signals described in this Article shall be used as follows, viz.:-

(a.) A steam vessel having way upon her, shall sound, at intervals of not more than

2 minutes, a prolonged blast.

(b.) A steam vessel under way, but stopped and having no way upon her, shall sound, at intervals of not more than 2 minutes, 2 prolonged blasts, with an in- terval of about 1 second between them.

(c.) A sailing vessel under way shall sound, at intervals of not more than 1 minute, when on the starboard tack one blast, when on the port tack two blasts in succession, and when with the wind abaft the beam three blasts in succession. (d.) A vessel, when at anchor, shall, at intervals of not more than 1 minute, ing

the bell rapidly for about 5 seconds.

(e.) A vessel, when towing, a vessel employed in laying or in picking up a telegraph

cable, and a vessel under way, which is unable to get out of the way of an ap proaching vessel through being not under command, or unable to manœuvre as required by these Rules shall, instead of the signals prescribed in sub-divisions (a) and (c) of this Article, at intervals of not more than two minutes, sound three blasts in succession, viz.:

one prolonged blast followed by two short blasts. A vessel towed may give this signal and she shall not give any other.

Sailing vessels and boats of less than 20 tons gross tonnage shall not be obliged to give the above-mentioned signals, but if they do not, they shall make some other efficient sound- signal at intervals of not more than 1 minute.†

Speed of Ships to be Moderated in Fog, &c.

Article 16. Every vessel shall, in a fog, mist, falling snow, or heavy rain-storms, go at a moderate speed, having careful regard to the existing circumstances and conditions.

A steam vessel hearing, apparently forward of her beam, the fog-signal of a vessel the position of which is not ascertained, shall, so far as the circumstances of the case admit, stop her engines, and then navigate with caution until danger of collision is over.

Steering and Sailing Rules.

Preliminary-Risk of Collision.

Risk of collision can, when circumstances permit, be ascertained by carefully watching the compass bearing of an approaching vessel. If the bearing does not appreciably change, such risk should be deemed to exist.

Article 17. When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other, as follows, viz.:-

(a.) A vessel which is running free shall keep out of the way of a vessel which is

close-hauled.

(b.) A vessel which is close-hauled on the port tack shall keep out of the way of a

vessel which is close-hauled on the starboard tack.

c.) When both are running free, with the wind on different sides, the vessel which

has the wind on the port side shall keep out of the way of the other.

(d.) When both are running free, with the wind on the same side, the vessel which is to windward shail keep out of the way of the vessel which is to leeward. (e.) A vessel which has the wind aft shall keep out of the way of the other vessel.

　　* In all cases where the Rules require a bell to be used a drum may be substituted on board Turkish vessels, or a gong where such articles are used on board small sea-going vessels.

† Dutch steam pilot-vessels, when engaged on their station on pilotage duty in fog, mist, falling snow, or heavy rain-storms are required to make at intervals of 2 minutes at most one long blast with the siren, followed after 1 second by a long blast with the steam whistle and again after 1 second by a long blast on the siren. When not engaged on their station on piletage duty, they make the same signals as other steamships.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

　　　　Article 18. When two steam vessels are meeting end on, or nearly end on, so as to involve risk of collision, each shall alter her course to starboard, so that each may pass on the port side of the other.

This Article only applies to cases where vessels are meeting end on, or nearly end on, in such a manner as to involve risk of collision, and does not apply to two vessels which must, if both keep on their respective courses, pass clear of each other.. The only cases to which it does apply are when each of the two vessels is end on, or nearly end on, to the other; in other words, to cases in which, by day, each vessel sees the masts of the other in a line or nearly in a line, with her own; and, by night, to cases in which each vessel is in such a position as to see both the side-lights of the other.

It does not apply, by day, to cases in which a vessel sees another ahead crossing her own course; or by night, to cases where the red light of one vessel is opposed to the red light of the other, or where the green light of one vessel is opposed to the green light of the other, or where a red light without a green light, or a green light with- out a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead.

　　　　Article 19. When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other.

　　　　Article 20. When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sailing vessel.

Article 21. Where by any of these Rules one of two vessels is to keep out of the way the other shall keep her course and speed...

Note.--When, in consequence of thick weather or other causes, such vessel finds herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she also shall take such action as will best aid to avert collision. (See Articles 27 and 29.).

Article 22. Every vessel which is directed by these Rules to keep out of the way of another vessel shall, if the circumstances of the case admit, avoid crossing ahead of the other.

Article 23. Every steam vessel which is directed by these Rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or

reverse.

Article 24. Notwithstanding anything contained in these Rules, every vessel, overtak- ing any other, shall keep out of the way of the overtaken vessel.

Every vessel coming up with another vessel from any direction more than two points abaft her beam, i.e., in such a position, with reference to the vessel which she is over- taking, that at night she would be unable to see either of vessel's side-lights, shall be deemed to be an overtaking vessel; and no subsequent alteration of the bearing between the two vessels shall make the overtaking vessel a crossing vessel within the meaning of these Rules, or relieve her of the duty of keeping clear of the over- taken vessel until she is finally past and clear.

As by day the overtaking vessel cannot always know with certainty whether she is forward or abaft this direction from the other vessel, she should, if in doubt, assume that she is an overtaking vessel and keep out of the way.

Article 25. In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fair-way or mid-channel which lies on the starboard side of such vessel.

　　　　Article 26. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or trawls. This Rule shall not give to any vessel or boat engaged in fishing the right of obstructing a fairway used by vessels other than fishing- vessels or boats.

Article 27. In obeying and construing these Rules, due regard shall be had to all dangers of navigation and collision, and to any special circumstances which may render a departure from the above Rules necessary in order to avoid immediate danger.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

Sound Signals for Vessels in Sight of one Another.

Article 28. The words "short blast" used in this Article shall mean a blast of about one second's duration.

　　　When vessels are in sight of one another, a steam vessel under way, in taking any course authorized or required by these Rules, shall indicate that course by the following signals on her whistle or siren, viz. :-

One short blast to mean, "I am directing my course to starboard."

Two short blasts to mean, "I am directing my course to port."

Three short blasts to mean, "My engines are going full speed astern."

No Vessel under any circumstances to neglect proper Precautions.

Article 29. Nothing in these Rules shall exonerate any vessel, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Reservation of Rules for Harbours and Inland Navigation.

Article 30. Nothing in these Rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbour, river, or inland

waters.

Distress Signals.

　　　Article 31. When a vessel is in distress and requires assistance from other vessels or from the shore, the following shall be the signals to be used or displayed by her, either together or separately, viz. :-

In the daytime

1. A gun or other explosive signal fired at intervals of about a minute;

2. The International Code signal of distress indicated by NC;

3. The distant signal, consisting of a square flag, having either above or below it a

ball or anything resembling a ball;

4. A continuous sounding with any fog-signal apparatus.

At night-

1. A gun or other explosive signal fired at intervals of about a minute;

2. Flames on the vessel (as from a burning tar-barrel, oil-barrel, &c.);

3. Rockets or shells, throwing stars of any colour or description, fired one at a time,

at short intervals;

4. A continuous soundling with any fog-signal apparatus.

SCHEDULE II.

　　　List of countries to which the regulations contained in Schedule 1. apply, subject to the limitations and conditions stated in the Order and the Schedule,

Peru.

Argentine Republic.

Austria-Hungary.

Belgium.

Brazil.

Bulgaria.

Chile.

China.

Costa Rica.

Denmark.

Ecuador.

Egypt. France.

Germany.

Greece.

Gautemala.

Italy.

Japan. Mexico.

Netherlands.

Norway.

Portugal.

Roumania.

Russia.

Siam. Spain. Sweden.

Turkey.

United States.

Venezuela.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

SCHEDULE III.

Orders in Council Revoked.

Date.

Subject.

14th August, 1879.

27th November, 1880.

9th September, 1884. 30th December, 1884.

19th May, 1885.

9th July, 1885.

17th September, 1885. 18th August, 1892.

27th November, 1896. 7th July, 1897.

7th July, 1897.

4th April, 1906.

Approving new regulations for British vessels, and applying them to the

vessels of certain foreign countries.

Applying the regulations of 1879 to the vessels of certain other foreign

countries.

Applying the regulations of 1884 to French vessels.

Applying the same regulations to the vessels of certain other foreign

countries.

Applying the same regulations to the vessels of certain other foreign

countries.

Applying the same regulations to Turkish vessels.

Applying the same regulations to Chilian vessels.

Approving regulations as to the lights of British steam pilot vessels. Approving new regulations for British ships.

Directing that the Order of 1892 shall be construed as referring to the

regulations of 1896.

Applying the regulations of 1896 to the vessels of certain foreign countries.. Approving new regulations for British fishing vessels.

No. 5.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 19.

THURSDAY, 29TH DECEMBER, 1910.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

The Honourable the Colonial Secretary, (Sir FRANCIS HENRY MAY, K.C.M.G.).

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (CHARLES MCILVAINE MESSER).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Council met pursuant to summons.

　　　The Minutes of the last Meeting, held on the 27th October, 1910, were read and confirmed.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

SCHEDULE III.

Orders in Council Revoked.

Date.

Subject.

14th August, 1879.

27th November, 1880.

9th September, 1884. 30th December, 1884.

19th May, 1885.

9th July, 1885.

17th September, 1885. 18th August, 1892.

27th November, 1896. 7th July, 1897.

7th July, 1897.

4th April, 1906.

Approving new regulations for British vessels, and applying them to the

vessels of certain foreign countries.

Applying the regulations of 1879 to the vessels of certain other foreign

countries.

Applying the regulations of 1884 to French vessels.

Applying the same regulations to the vessels of certain other foreign

countries.

Applying the same regulations to the vessels of certain other foreign

countries.

Applying the same regulations to Turkish vessels.

Applying the same regulations to Chilian vessels.

Approving regulations as to the lights of British steam pilot vessels. Approving new regulations for British ships.

Directing that the Order of 1892 shall be construed as referring to the

regulations of 1896.

Applying the regulations of 1896 to the vessels of certain foreign countries.. Approving new regulations for British fishing vessels.

No. 5.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 19.

THURSDAY, 29TH DECEMBER, 1910.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

The Honourable the Colonial Secretary, (Sir FRANCIS HENRY MAY, K.C.M.G.).

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (CHARLES MCILVAINE MESSER).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Council met pursuant to summons.

　　　The Minutes of the last Meeting, held on the 27th October, 1910, were read and confirmed.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 93 to 114, and moved that they be referred to the Finance Committee :-

No. 93.-Public Works,. Extraordinary, Quarters in the

New Territories,

$ 5,320.00.

No. 94.- Public Works, Extraordinary, Causeway Bay,-

Deepening,

886.00.

No. 95.-Queen's College, Incidental Expenses, No. 96.-Marine Surveyor's Office, Repairs to and Hire of

219.20.

Steam Launch,

625.00.

No. 97.-District Officer, Allowance to Additional Police

Sergeant as Supervisor of Revenue Collection,

100.00.

No. 98. Medical Departments, Other Charges,

640.00.

No. 99.--Harbour Office, Uniform for Boarding Officers,

Constables and Boatmen,..

130.00.

200.00.

55,500.00. 59.20.

500.00.

No. 100.--Harbour Office, Repairs to Boats, Buoys, etc.,.............. No. 101.-Public Works, Extraordinary, Land Resumption

for Frontage for Old Western Market,

No. 102. Sanitary Department, Incidental Expenses, No. 103.-Miscellaneous Services, Telegrams sent and re-

ceived by Government,

No. 104.-Public Works, Extraordinary, Resumption of

33.13

　　Kowloon Inland Lots Nos. 442 and 618, ......309,479.00. No. 105.-Tung Wah Hospital, Chinese Resident Surgeon,... No. 196.--Miscellaneous Services, Transport of Government

Servants,

No. 167.-Colonial Secretary's Department and Legislature,

Other Charges,

No. 108.-Miscellaneous Services, Redemption of Subsidiary

Coins,

No. 109.-Public Works, Extraordinary, Law Courts,. No. 110.-Shanghai Postal Agency, Uniforms and Equip-

ment of Postmen,....

2,500.00.

218.31.

114,000.00. 15,000.00.

હું

50.00.

No. 111.--Land Registry Office, Other Charges, New Terri-

tories,

310.00.

No. 112.-Imports and Exports Office, Other Charges, No. 113. - Public Works, Recurrent, Electric Lighting, City

of Victoria,

27.00.

95.00.

No. 114.-Hongkong Post Office, Mail Bags, Parcel Boxes,

150.00.

Date Stamps and Scales,

The Colonial Treasurer seconded.

His Excellency the Governor addressed the Council with reference to Minutes Nos. 108, 104 and 101.

Question-put and agreed to.

　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 27th October, 1910, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE PUBLIC WORKS COMMITTEE.The Director of Public Works laid on the table the Report of the Public Works Committee (No. 3) dated the 27th October, 1910.

　　LIQUOR DUTIES REBATE.-The Colonial Secretary addressed the Council and moved. the following Resolution :-

Resolved that the sum of $112 as an Import Allowance for the year 1910 be paid out of the Public Revenue of the Colony as a rebate in part to the Naval Authorities in respect of the duties paid on intoxicating liquors (not being Naval Stores the property of His Majesty) consumed at the Officers' Mess at the Royal Naval Hospital and at the Engineers' Mess in His Majesty's Dockyard.

The Colonial Treasurer seconded. Question-put and agreed to.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

QUESTIONS.--Mr. POLLOCK, pursuant to notice, asked the following questions:-

1. What would be (approximately) the cost of turfing and laying out and enclosing the plot of ground to the west of the Hongkong Club in such a manner as to make it uniform with the adjacent plot of ground to the west of it?

2. What work, if any, has been done in connection with the promised erection of a light on Kap Sing Island, at the Southern entrance to the Capsuimun Pass? Has any Contract been entered into with reference to this work? If not, why not? If so, what is the contract date for the completion of the work? 3. What is the contract date for the completion of the new Harbour of Refuge at

Mong Kok Tsui?

4. What is the estimated saving of expenditure to be gained by the omission to erect

a clock tower on the new Post Once, as was originally designed?

5. Will the Government lay before the Council the information, which is in its possession, with reference to the prospects of a wireless-telegraphy station, for the signalling of typhoons, being established on some Island of the Pratas Group?

The Colonial Secretary replied.

NOTICE OF QUESTIONS.-Mr. OSBORNE gave notice that he would ask the following questions at the next meeting of the Council :

1. Will the Government take steps to prevent the destruction of birds by sham sports- men, who by means of the Railway are enabled to invade the New Territory and threaten extinction to every form of bird life, game and otherwise?

2. Will the Government cause to be laid on this table half-yearly a statement of the work actually accomplished on the new typhoon refuge; and in such form that the public may be able to judge whether the rate of progress is such as to ensure completion by contract date?

　　　　WIDOWS' AND ORPHANS' PENSION AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Widows' and Orphans' Pen- sion Ordinance, 1908.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

COMPANIES BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to consolidate and amend the Ordinances relating to Companies.

The Colonial Secretary seconded.

Mr. HEWETT addressed the Council.

Question-put and agreed to.

Bill read a second time.

The Attorney General moved that the Bill be referred to the Law Committee. The Colonial Secretary seconded.

Question-put and agreed to.

　　　　DEPARTURE OF THE COLONIAL SECRETARY.-His Excellency the Governor addressed the Council with reference to the departure from the Colony of the Colonial Secretary.

LAW COMMITTEE. His Excellency the Governor re-appointed, Mr. POLLOCK to be a member of the Law Committee.

ADJOURNMENT.-The Council then adjourned until after the meeting of the Finance

Committee.

FINANCIAL MINUTES.-On Council resuming the Colonial Secretary reported that the Finance Committee had unanimously adopted Financial Minutes Nos. 93 to 114 and moved that they be approved.

The Colonial Treasurer seconded. Question-put and agreed to.

ADJOURNMENT.--The Council then adjourned sine die.

Read and confirmed this 12th day of January, 1911.

C. CLEMENTI,

Clera of Conncits.

F. D. LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

No. 6. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 1 of 1911.-An Ordinance to amend the Widows' and Orphans'

Pension Ordinance, 1908.

HONGKONG,

No. 1 of 1911.

An Ordinance to amend the Widows' and

Orphans' Pension Ordinance, 1908.

F. D. LUGARD,

Governor,

[13th January, 1911.7

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :--

1. This Ordinance may be cited as The Widows' and short title Orphans' Pension Amendment Ordinance, 1911," and shall and be read as one with the Widows' and Orphans' Pension construction, Ordinance, 1908, hereinafter called "The Principal Ordinance" and with the Widows' and Orphans' Pension (Amendment) Ordinance, 1909.

2. Section 7 of the Principal Ordinance is hereby Amends amended by the insertion at the end of sub-section (1) of section 7 of

　　　　　　　　　　　　　　　　　　　　　　　　　the Principal the following further Proviso :-

Ordinance.

"Provided further that in the case of an officer holding a post the salary of which is on a dollar basis the abatement shall be made in dollars at four per centum of his nominal salary and if such officer is in receipt of exchange compensation "allowance such exchange com- pensation allowance shall be calculated upon such nominal dollar salary before the abatement at four per centum as aforesaid has been made."

3. The following section is hereby inserted after section 10 of the Principal Ordinance :-

Right of

"10.-(a.) In the case of a public officer retiring from

the public service whose pension is paid on a public officer dollar basis and who elects to contribute on the retiring and basis of his former dollar salary such pension electing to shall be reduced by the amount of the abate- ment at four per centum of his former dollar salary and the balance shall be payable to him converted into sterling at the rate of exchange at which he is entitled to receive such pen- sion."

Passed the Legislative Council of Hongkong, this 12th day of January, 1911.

contribute on former dollar salary.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 13th day of January, 1911.

F. H. MAY, Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

　　　　No. 7.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :----

Ordinance No. 30 of 1910, entitled-An Ordinance to apply a sum not exceeding Six million and forty-two thousand five hundred and forty-three Dollars to the Public Service of the year 1911.

Ordinance No. 31 of 1910, entitled-An Ordinance to amend the Liquor Licences

Amendment Ordinance, 1909.

Ordinance No. 32 of 1910, entitled-An Ordinance to amend the Promissory

Oaths Ordinance, 1869.

COUNCIL CHAMBER,

9th January, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &C.

No. 8. His Excellency the Governor has been pleased to appoint Captain CLAPHAM, R.G.A., to be the Military Representative on the Committee for the Wong-nei-chong and Queen's Recreation Grounds, vice Lieutenant H. W. GREEN resigned.

9th January, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 9.--It is hereby notified that the following Public and Bank Holidays will be observed as Government holidays-

Public Holidays.

Good Friday, 14th April.

King's Birthday, Saturday, 3rd June.

Xmas Day, Monday, 25th December.

Tuesday, 26th December.

Monday, 1st January, 1912.

Bank Holidays.

Chinese New Year's Day, Monday, 30th January.

Tuesday, 31st January.

Easter Monday, 17th April.

Whitmonday, 5th June.

Monday, 7th August.

Public and Bank Holiday.

Victoria Day, Wednesday, 24th May.

　　　It is also further notified that His Excellency the Governor has been pleased to exclude the Police Magistrates' Department from the operation of the Public Holidays Ordinance, (No. 2 of 1875), on the 31st January, 17th April, 3rd and 5th June, 7th August, and 26th December, 1911, and 1st January, 1912.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 13, 1911.

No. 10. List of all Authorized Architects under Section 7 of The Public Health and Buildings Ordinance, 1903, (Ordinance No. 1 of 1903):--

ABDOOLHOOsen AbdooLRAHIM. AUSTIN, ANTHONY ROY. BAKER, ROBERT.

BIRD, HERBERT WILLIAM. Bird, Lennox Godfrey. BOULTON, JAMES FETTES. BRYER, ALFRED.

CHATHAM, WILLIAM, C.M.G. CHURCHILL, ALEC FLEMING. DENISON, ALBERT.

FISHER, HENRY George CurraL. GALE, CHARLES HENRY.

GIBBS, LAWRENCE.

GRIFFIN, ALBERT EDWIN.

HARKER, BERNARD BROTHERTON.

HAZELAND, ERNEST MANNING.

HEWITT, ALFRED HERBERT.

HOLLINGSWORTH, ARNOLD HACKNEY.

HOOPER, AUGUSTUS SHELTON.

LEMM, JOHN.

LINDSEY, EDWARD SERGINT.

LITTLE, ALEXANDER COLBOURNE.

LOGAN, MALCOLM HUNTER.

MACDONALD, DONALD.

MCCUBBIN, JOHN.

OFFOR, JOHN ASHBY.

OUGH, ARTHUR HENRY.

PERKINS, THOMAS LUFF.

RAM, EDWARD Albert.

RAVEN, ARTHUR ROBERT FENTON.

ROSE, LOUIS AUGUSTUS.

SAMY, ARTHUR POONOO.

SAYER, GEORGE JOHN BUDDS.

THOMAS, CHRISTOPHER Boswood.

TOOKER, HUGH POLLOCK.

TURNER, ARTHUR.

WARREN, CHARLES.

WEASER, WILLIAM LIONEL WREFORD.

WHESTON, WRAY WILKINS.

WILSON, GEORGE LEOPOLD.

WRIGHT, ARTHUR EDGAR.

13th January, 1911.

F. H. MAY, Colonial Secretary.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 11. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

No. 151 A, B, C, D and E, of 1897.

Name of Owner.

Period of Renewal.

Class in which renewed.

43.

6th January, 1897.

John de Küyper and Son.

5th January, 1925.

6th Junuary, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 20, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 12. It is hereby notified that it is the intention of the Governor to make an order, on the 21st day of July, 1911, directing the removal of all graves on a plot of Crown Land, to the North-East of I. L. 1021, in the Soo-kun poo Valley. The area from which graves are to be removed is shewn in red on a plan which may be seen during office hours in the office of the Honourable Registrar General, Beaconsfield, in the City of Victoria.

　　　　Such order will be made for the purpose of executing a public work, namely, laying out of such plot for the erection of a Japanese Chapel and Crematorium.

the proper

F. H. MAY, Colonial Secretary.

20th January, 1911.

No. 13.- Financial Statement for the month of November. 1910.

TREASURY.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 31st October, 1910, Revenue from 1st to 30th November, 1910,.

143,789.65

543,792.48

687,582.13

Expenditure from 1st to 30th November, 1910,

Balance,...

594,290.88

93,291.25

Assets and Liabilities on the 30th November, 1910.

LIABILITIES.

ASSETS.

Deposits not Available,

Officers' Remittances,

250,322.43

Balance, Bank,

59,460.48

Subsidiary Coins,

156,399.65

Crown Agents' Current Account,.

2,564.98

64.00

Advances,

67,023.64

Imprest,

57,409.40

House Service Account,

819.53

Total Liabilities,

250,386.43

* Balance,

93,291.25

TOTAL,

343,677.68

TOTAL,....

343,677,68

Reimbursement due by Railway Construction Account 31st Octo-

ber, 1910,

Less Credit Balance on account of November, 1910,...

$1,293,762.36 24,170.10

1,269,592.26

93,291.25

18th January, 1911.

* Balance as above,

Balance of Assets (General Account),....

$1,362,883.51

C. McI. MESSER,

Treasurer.

}

REGISTRAR GENERAL'S DEPARTMENT.

No. 14.-Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the quarter ended 31st December, 1910.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 20, 1911.

Language in

Title of Book.

which it is

written.

Name of

Author,

Translator,

Place

Name or Firm

Printing

Subject.

Printer

Date of

Issue from

and

Place of

Number

Sheets,

Leaves,

Size.

and Name or Firm

the Press.

Editor.

of Publisher.

Publication.

Pages.

First, Number Second, or other Copies of: Number which the

of Edition Edition. | consists.

Whether

Printed

Litho-

graphed.

No. 52. Acta et decreta ter-

Latin.

The Revd.

Ecclesias-

Nazareth.

10th

Pages

tiæ Synodi Hongkong. Acts and Decrees of the Third Synod of Hong- kong.

Fathers of

the Synod.

tical

Discipline.

September, 62. 1910.

Double

Crown

in 12.

First.

1,000

Printed.

10 cents.

Price

at which

the Book

is sold to

the Public.

Name and Resi-

dence of the Proprietor of the Copyright or any

Portion of such Copyright.

Rev. Father D. Lecomte,

Pokfulam,

Hongkong.

33. Le Credo prêché aux Néophytes.

The Creed preached to the Neophytes.

34. Summa Decreto- rum Synodalium Su- Tehuen et Hongkong. Compendium of the Syno- dal Decrees, Szechwang and Hongkong.

35. Sách Xét Minh Hang Ngay.

Daily exercises for exam- ination of conscience.

Annamite,

gnoe ngu.

French.

Revd. Father As per title. C. Daems,

Do.

30th

Pages

Apostolic

September, 468. 1910.

Double

Demy

in Syo.

Do.

1,000

Do.

$1.50

Do.

Missionary.

Latin.

The Revd.

Ecclesias-

Do.

Fathers of these Synods. Discipline.

tical

15th September, 154. 1910.

Pages

Double Do.

Crown

.000

Do.

20 cents.

Do.

in 12.

Unknown.

As per title.

Do.

25th

September,;

Do.

Pages

249.

Do.

1,000

Do.

40 cents.

Do.

1910.

children

their sins.

36. Giúp tre Xung tôi. Method to aid the little confess

Aunamite,

ghoe ngu.

Mgr. A.

Marcon,

Do.

Bishop of

Tonkin.

20th

September,

1910.

Pages

109.

Special

Do.

1,000

Do.

3 cents.

Do.

size

in 18.

37. 省察規式

Chinese.

Unknown.

Do.

Pages

72.

Demy

in 32.

Do. 2,000

Do.

3 cents.

Do.

Method for the examina-

tion of conscience.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the quarter ended 31st December, 1910,-Continued.

Title of Book.

Language in which it is

written.

Name of

Author,

Translator,

Place

Name or Firm

Printing

Subject.

Printer

Date of

Issue from

Editor.

and

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Publication.

Number

Sheets,

Leaves,

First,

Second,

Size.

and Name or Firm

the Press.

of Publisher.

Pages.

Number

or other Copies of Number which the of Edition Edition. consists.

Whether The Price Printed

at which

No. 38. 省察規矩要

Chinese.

Mgr. Chouzi. ¦ As per title.

Nazareth.

2nd

!!!

October,

1910.

Pages

26.

Demy

in 82.

Seventh. 2,000

Printed.

1 cent.

the Book

Litho- is sold to graphed, the Public.

Name and Resi- dence of the Proprietor of the Copyright or any

Portion of such Copyright.

Rev. Father D. Lecomte,

Pokfulam,

Hongkong.

Examination of Con- science.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 20, 1911.

}}

39. 大七克

Do.

Unknown.

Do.

Treatise of the seven

6th

October,

1910.

Pages

338.

Double

Crown

in 12.

First. 1,000

Do.

25 cents.

Do.

victories against the

seven capital sins.

40. Extradition,

The

English.

Law relating to Fugi-

tive Offenders.

Sir Francis

Piggott.

Law.

Hongkong. Kelly and Walsh, Limited.

24th

October,

1910.

Sheets

21, leaves

Do.

600

Do.

45 -

326,

× 63

2 in.

Sir Francis

Piggott,

Hongkong.

pages

651.

41. Hongkong Sport- ing Annual.

Do.

Editor,

Alexander

Ramsay.

Sport in

Hongkong.

Hongkong Daily Press.

1st

November,

1910.

Pages

204.

6. in

× 4.

Do.

800

Do.

30 cents.

42. 珍友教

Manual of Picty.

Chinese.

Author

Prayers.

Unknown.

St. Lewis

Industrial

St. Lewis'

20th

Editor, A.

Grampa.

School,

West Point

Orphanage.

Industrial School, November, West Point 1910.

Pages

191.

Royal

24mo.

Do.

1,000

Do.

35 cents.

Orphanage.

{

43. Motivi di Amare Iddio. The love of God.

Italian.

Editor Revd. As per title. Father de

Do.

15th

November,

1910.

Pages

205.

Foolscap

Do.

700

Do.

50 cents.

in 8.

Maria.

A. Ramsay, 3

Ormsby Villas, Granville Road, Kowloon.

A. Grampa,

Hongkong, West Point

Orphanage.

Do.

(

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the quarter ended 31st December, 1910,-Continued.

Place

Name or Firm

Name of

Number

Title of Book,

Language in which it is

written.

Author,

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or Editor.

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Printing

and

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Publication.

Printer

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Leaves.

Size.

and Name or Firm

the Press.

of Publisher.

Pages.

First, Number Second, of or other Copies of Number which the of | Edition Edition. consists.

at which

No. 44. Epitome Historia

Latin.

Lhomond.

As per title.

Nazareth.

Sacræ. An meut of Sacred History.

abridg-

1st Pages December, 70. 1910.

Crown Third. in 8vo.

600

Printed.

13 cents.

Whether The Price Printed

the Book

Litho- is sold to graphed, the Public.

Name and Resi-

dence of the Proprietor of the Copyright or any

portion of such Copyright.

Revd. Father L. Boulanger, Pokfulam,

Hongkong.

45. Elementa Gram- maticæ Elements of Latin-

Latin

Unknown.

Do.

5th

Pages

Do.

Second. 600

Do.

13 cents.

Do.

latino-sinice.

and

Chinese,

December, 56. 1910.

Chinese Grammar.

46. Renaissance

French.

Revd. L. J.

Do.

Transmigration.

Re-

Mette.

10th

December.

1910.

Pages

79.

Do.

First.

1,000

Do.

15 cents.

Do.

generation and Trans-

migration.

47. 聖體要理

Chinese.

Revd. J.

DQ.

De.

Do.

5th

Short Treatise on the Eucharist.

Aleni,

S.J.

Pages December, 66. 1910.

Crown

in 32.

Third. 2,000

Do.

3 cents.

Do.

48. 聖玫瑰會九

Do.

Unknown.

Do.

10th December, 42. 1910.

Pages

Demy

in 32.

Second. 2,000

Do.

3 cents.

Do.

日敬禮

Novena of Prayers in

honour of the Rosary.

49. 聖多瑪斯九日赛

Novena to Saint

Thomas.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 20, 1911.

Do.

Revd. J.

Do.

Valls.

15th Pages December, 36. 1910.

Do.

2,000

Do.

2 cents.

Do.

Return of Books registered under Section 6 of Ordinance No. 2 of 1888, during the quarter ended 31st December, 1910,-Continued.

Title of Book.

Language in which it is

written.

Name of

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Editor.

Place

Printing

and

Place of

Publication.

of Publisher.

Name or Firm

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Number

and Name or

Firm

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Issue from

the Press.

First, Nunber

Second, of

Whether

Printed

Sheets,

Leaves,

Size.

Pages.

or other Copies of Number which the of Edition Edition. consists.

Litho-

graphed,

the Public.

Nazareth,

20th

Pages

December, 244. 1910.

Demy

in 8vo.

First.

1,500

Printed.

30 cents.

The Price

at which

the Book

is sold to

Name and Resi- dence of the

Proprietor of the Copyright or any

portion of such Copyright.

Revd. Father L. Boulanger. Pokfulam,

Hongkong.

No. 50. 墨詠註解 Explamation of some Psalms.

Chinese.

Amonymous.

per

title.

Nazareth.

51. 白話問答

Do.

Revd.

Do.

Do,

Ch. Rey.

Small Catechism (two

22nd

December,

! 1910.

Pages

72 in

Demy

in 32.

Do.

1,000

Do,

3 cents.

the two

books.

books).

52. 聖母七苦

藉規畧

Explanation of the

seven sorrows of the

Do.

Unknown.

Do.

24th

Pages

Special Second.

1,000

Do.

2 cents.

December, 28. 1910.

size

in 32.

Holy Virgin.

53. 大主教日課

Sino-

Do.

Annamite.

Daily Prayers.

30th

November,

1910.

Pages

94.

Crown

in Svo.

Do.

2,000

20 cents.

Do.

9th January, 1911.

A. W. BREWIN,

Registrar General.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 20, 1911.

POLICE DEPARTMENT.

No. 15.--Direction of the Captain Superintendent of Police under Regulation 32 of the Regulations made by the Governor-in-Council under Section 3 of the Licensing Ordin- ance, No. 8 of 1887, and published in the Gazette of the 29th July, 1899, and on pages 97 to 108 of the Regulations of Hongkong, 1910 :----

Additional Stand for Public Chairs.

Macdonnell Road, to the East of the bridge over the tram line.

F. J. BADELEY,

Captain Superintendent of Police,

20th January, 1911.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 27, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 16.

CIRCULAR.

DOWNING STREET,

19th December, 1910.

　　　　SIR, I have the honour to inform you that my attention has been called to the increasing frequency of applications for exemption from Colonial Regulation No. 46, respect- ing the acceptance by Colonial Officers of valuable presents.

2. That Regulation was based on motives of sound policy; and it must be obvious that it would be detrimental to the best interests of the Public Service if a regular practice of offering presents to public officers were established. Whether the presents came from official or unofficial sources there would be the same probability of the imputation of ulterior motives; and there would be a constant impression that officials were influenced by con- siderations other than those which alone should weigh with them in the discharge of their duties.

3. In these circumstances I desire it to be clearly understood that applications for exemption from the Regulation will not be entertained unless they are made in very exceptional circumstances.

I have, &c.,

L. HARCOURT.

The Officer Administering the Government of

No. 17.

CIRCULAR.

HONGKONG.

DOWNING STREET,

21st December, 1910.

SIR,I have the honour to transmit to you for your information, and with a view to publication in the Colony under your Government, the accompanying copy of a Proclama- tion by the King in Council determining new designs for gold and bronze coins.

I have, &c.,

The Officer Administering the Government of

L. HARCOURT.

HONGKONG.

AT THE COURT AT BUCKINGHAM PALACE, THE 28TH DAY OF NOVEMBER, 1910.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

THE following Draft Proclamation was this day read at the Board and approved.

ALMERIC FITZROY,

BY THE KING.

A PROCLAMATION

DETERMINING NEW DESIGNS FOR GOLD AND BRONZE COINS.

　　　WHEREAS under section eleven of the Coinage Act, 1870, We have power, with the advice of Our Privy Council, from time to time by proclamation to determine the design for any coin:

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 27, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 16.

CIRCULAR.

DOWNING STREET,

19th December, 1910.

3. In these circumstances I desire it to be clearly understood that applications for exemption from the Regulation will not be entertained unless they are made in very exceptional circumstances.

I have, &c.,

L. HARCOURT.

The Officer Administering the Government of

No. 17.

CIRCULAR.

HONGKONG.

DOWNING STREET,

21st December, 1910.

I have, &c.,

The Officer Administering the Government of

L. HARCOURT.

HONGKONG.

AT THE COURT AT BUCKINGHAM PALACE, THE 28TH DAY OF NOVEMBER, 1910.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

THE following Draft Proclamation was this day read at the Board and approved.

ALMERIC FITZROY,

BY THE KING.

A PROCLAMATION

DETERMINING NEW DESIGNS FOR GOLD AND BRONZE COINS.

　　　WHEREAS under section eleven of the Coinage Act, 1870, We have power, with the advice of Our Privy Council, from time to time by proclamation to determine the design for any coin:

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 27, 1911.

And whereas it appears to Us desirable to determine new designs for the gold and bronze coins mentioned in the First Schedule to the Coinage Act, 1870:

We, therefore, in pursuance of the said enactment and of all other powers enabling Us in that behalf, do hereby, by and with the advice of Our Privy Council, proclaim, direct, and ordain as follows :---

1. The designs for the said gold and bronze coins shall be as follows:-

GOLD COINS.

(1) Five-Pound Piece.-Every five-pound piece shall have for the obverse impression Our effigy with the inscription "GEORGIUS V DEI GRA: BRITT: OMN: REX FID: DEF: IND: IMP: and for the reverse the image of Saint George armed, sitting on horseback, attacking the dragon with a sword, and a broken spear upon the ground, and the date of the year, with a graining upon the edge.

(2) Two-Pound Piece.-Every two-pound piece shall have the same obverse and reverse impression and inscription in all respects as the five pound piece, with a graining upon the edge.

(3) Sovereign-Every sovereign shall have for the obverse impression the afore- said effigy with the inscription "GEORGIUS V D. G. BRITT: OMN: REX F. D). IND: IMP:" and for the reverse the same impression in all respects as the five-pound piece, with a graining upon the edge.

(4) Half-Sovereign.-Every half-sovereign shall have the same obverse and reverse impression and inscription in all respects as the sovereign, with a graining upon the edge.

BRONZE COINS.

(1) Penny.-Every penny shall have for the obverse impression Our effigy with the inscription "GEORGIUS V DEI GRA: BRITT: OMN: REX FID: DEF: IND: IMP: "and for the reverse impression the figure of Britannia seated on a rock surrounded by the sea, her right hand holding a shield which rests against the rock, while in her left hand she grasps a trident, and the inscription "ONE PENNY," with the date of the year and a plain edge.

(2) Half-penny.-Every half-penny shall have the same obverse impression and inscription as the penny, and for the reverse the figure of Britannia seated as described for the penny, and the inscription "HALF-PENNY, with the date of the year and a plain edge.

(3) Farthing-Every farthing shall have the same obverse impression and inscription as the penny, and for the reverse the figure of Britannia seated as described for the penny, and the inscription "FARTHING," with the date of the year and a plain edge.

2. This Proclamation shall come into force on the first day of January, one thousand nine hundred and eleven.

Given at Our Court at Buckingham Palace, this Twenty-eighth day of November, in the of Our Lord one thousand nine hundred and ten, and in the First year of Our

　　　year Reign

GOD SAVE THE KING,

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 27, 1911.

PROCLAMATIONS.

No. 1.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

By His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same.

Whereas by Section 3 of the Chinese Passengers' Act, 1855, it is enacted that it shall be lawful for the Governor of Hongkong, by Proclamation, for the purposes of the said Act, among other things, to declare what shall be deemed to be the duration of the voyage of any Chinese Passenger Ship:

Now, therefore, I, the said Sir FREDERICK JOHN DEALTRY LUGARD, under and by virtue of the powers conferred on me by the said Act, do hereby proclaim and declare that, for the purposes of the said Act, the voyage of any Chinese Passenger Ship from Hongkong or any port of China to any port of the Dutch Borneo, shall be deemed to be a voyage of seventeen days' duration; and that accordingly the voyage shall be deemed to be a voyage of "not more than thirty days' duration within the meaning of Section 4 of The

Chinese Emigration Ordinance, 1889, of Hongkong.

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 24th day of January, 1911.

By Command,

C. CLEMENTI, (in the absence of a) Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 18.

　　　　Amendment of the Conditions of Eating House Licences, made by the Governor-in-Council under Section 32 (2) of the Liquor Licences Ordinance, 1898, (Ordinance No. 8 of 1898), this 30th day of December, 1910.

The following conditions are hereby added by the Governor-in-Council under Section 32 (2) of the Liquor Licences Ordinance, 1898, (Ordinance No. 8 of 1898), to the conditions of licences for eating houses granted under the said section published in the Gazette on the 23rd September, 1899, and on page 195 of the Regulations of Hongkong, 1910:-

"6. The Licensee shall provide a strong, substantial, moveable dustbin, of imper-

vious material, for the reception of the day's refuse.

7. No opium smoking shall be permitted on the premises."

The "Warning" contained in Form No. 18 in the First Schedule to the said Ordinance (prescribing the form of licence for such eating houses) is hereby amended by the addition at the end thereof of the following words "or permit any opium smoking whatsoever on such premises".

COUNCIL CHAMBER,

30th December, 1910.

C. CLEMENTI,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, JANUARY 27, 1911.

APPOINTMENTS, &C.

　　No. 19.-The Reverend OTTO SCHULTZE has been recognised as President in Hongkong of the Basel Evangelical Missionary Society.

24th January, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 20.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

No. 149 of 1896.

28th December, 1896.

The China Export, Import, and Bank Compagnie.

27th December, 1924.

25th Junuary, 1911.

Classes in which

renewed.

3, 4, 5, 12, 13, 31, 31, 42, 47, 48 and 50 (5) (8).

A. G. M. FLETCHER,

Registrar of Trade Marks.

THE HONGKONG GOVERNMENT GAZETTE, FEBBUARY 3, 1911.

PROCLAMATIONS.

No. 2.

[1..8.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

　　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901 ;

And whereas His Excellency the Governor-in-Council has ordered that Chefoo, Ching- wang-tao, Dalny and Newchwang should be proclaimed as ports or places at which an infectious or contagious disease prevails;

Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Adıniral of the same, do hereby, with the advice of the Executive Council, proclaim Chefoo, Ching- wang-tao, Dalny and Newchwang, as ports or places at which an infectious or contagious disease prevails.

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 2nd day of February, 1911.

By Command,

C. CLEMENTI, (in the absence of a) Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 21.

Regulations made by the Governor-in-Council under the pro- visions of Section 54 of the New Territories Regulation Ordinance, 1910, (Ordinance No. 34 of 1910), this 8th day of December, 1910.

LAND OFFICE FEES: NEW TERRITORIES.

　　　On and after the 1st day of March, 1911, the following fees shall be payable for the registration of deeds and other instruments in writing relating to land in the New Terri- tories. The regulations made on the 17th day of August, 1908, under Section 40 of the New Territories Land Ordinance, 1905, and published in the Gazette on the 21st day of August, 1908, and on pages 535-537 of the Regulations of Hongkong, 1910, are hereby cancelled:----

1. For the registration of a conveyance on Sale, to be charged on the amount or value of the consideration money, such considera- | tion money to include any sum payable by the purchaser in respect of any mort- gage or other debt remaining upon the property purchased or released by such purchaser to the vendor.

خر

10 Cents for every $10 or part

thereof up to $50; if above $50, 50 Cents for every $100 or part thereof.

THE HONGKONG GOVERNMENT GAZETTE, FEBBUARY 3, 1911.

PROCLAMATIONS.

No. 2.

[1..8.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901 ;

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 2nd day of February, 1911.

By Command,

C. CLEMENTI, (in the absence of a) Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 21.

Regulations made by the Governor-in-Council under the pro- visions of Section 54 of the New Territories Regulation Ordinance, 1910, (Ordinance No. 34 of 1910), this 8th day of December, 1910.

LAND OFFICE FEES: NEW TERRITORIES.

خر

10 Cents for every $10 or part

thereof up to $50; if above $50, 50 Cents for every $100 or part thereof.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 3, 1911.

2. For the registration of a Lease or Agreement 50 Cents for every $100 or part

for a Lease, to be charged on the amount

of annual rent reserved.

3. For the registration of a Lease executed in pursuance of duly stamped Agreement for the same.

4. For the registration of a surrender of a Lease)

or cancellation of an Agreement for a Lease.

5. For the registration of a Mortgage or Agree- ment for a Mortgage whether the primary or collateral Security and for every deed or document extending the time of any mortgage and for every transfer of any mortgage, to be calculated upon the prin- cipal amount secured.

6. For the registration of a Reassignment or redemption of any mortgage to be cal- culated upon the principal amount secured by or under any such mortgage.

7. For the registration of a Conveyance when no money consideration or merely nominal consideration passes. Provided that when such conveyance is made for the purpose of effecting a partition of lands held by two or more persons con- jointly the Land Officer shall have power to remit the fee payable or such portion thereof as he may think fit.

thereof.

The same fee as on the Agree-

ment but not exceeding $1.

The same fee as is payable on the Lease or Agreement it-

self under Article 2.

10 Cents for every $100 or part

thereof.

10 Cents for every $500 or part

thereof.

for the first Lot and 10 Cents for each additional Lot or portion of a Lot after the first with a maximum fee of $2.

8. For the registration of a Power of Attorney. 10 Cents. 9. For the registration of any order or do- 1

cument issued under the Seal of the

Supreme Court of Hongkong, Probate, Letter of Administration in respect of any land upon which Stamp or Probate Duty has been paid, Certificate of Satis- faction, and all other documents not herein provided for.

10. For every uncertified copy of any Instru-

ment of record per folio of 72 words.

11. For every certified copy

of any

Instru-

ment of record not exceeding 3 folios of 72 words each.

For each additional folio.

$1 for the first Lot and 10 Cents for every additional Lot or portion of a Lot.

25 Cents.

$1.

50 Cents.

The above fees shall be paid by means of stamps which shall be duly cancelled by the Land Officer who shall render to the Colonial Treasurer an accurate account of all such fees.

　　The Land Officer shall have power in cases where he is of opinion that the considera- tion money passing on a sale as stated in the conveyance does not represent the proper value of the land at the date of such sale to assess the amount of such consideration for the purpose of fixing the fee payable but not otherwise.

C. CLEMENTI,

Clerk of Councils,

COUNCIL CHAMBER,

8th December, 1910.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 3, 1911.

APPOINTMENTS, &c.

No. 22. His Excellency the Governor has been pleased to appoint CHARLES WILLIAM MALBEYSE BECKWITH, Commander, R.N., to act as Harbour Master, Marine Magistrate, Emigration and Customs Officer, Registrar of Shipping, Superintendent of the Gunpowder Depôt and Collector of Light Dues, during the absence on leave of BASIL REGINALD ĦAMIL- TON TAYLOR, Commander, R.N., or until further notice, with effect from this date.

1st February, 1911.

No. 23.-His Excellency the Governor has been pleased to appoint EDWARD JONES to act as Assistant Harbour Master and ARTHUR EDWARD DAVEY to act as First Boarding Officer, with effect from this date, until further notice.

1st February, 1911.

No. 24. His Excellency the Governor has been pleased to appoint, under Section 5 of the Liquor Licences Amendment Ordinance, 1909, (Ordinance No. 46 of 1909), the Honourable Mr. ARTHUB WINBOLT BREWIN to act as Chairman of the Licensing Board,, until further notice, vice Sir FRANCIS HENRY MAY, K.C.M.G., resigned.

1st February, 1911.

　　　No. 25.-His Excellency the Governor has been pleased to appoint the Honourable Mr. ARTHUR WINBOLT BREWIN to be Chairman of the Board of Examiners, vice Sir FRANCIS HENRY MAY, K.C.M.G., resigned, and JOHN ROSKRUGE WOOD to be a Member of the Board.

1st February, 1911.

No. 26.

NOTICES.

ORDER IN COUNCIL.

AT THE COURT AT ST. JAMES'S,

THE 2ND DAY OF AUGUST, 1910.

PRESENT.

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD CHAMBERLAIN.

LORD DENMAN.

LORD ASHBY ST. LEDGERS.

WHEREAS

　　　　　　　　　　　　　　　　　　　His HEREAS by treaty, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the dominions of the Emperor of China and of the Emperor of Corca :-

　　　NOW, THEREFORE, His Majesty, by virtue and in exercise of the powers in this behalf by the Foreign Jurisdiction Act, 1890, or otherwise in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-

1. This Order may be cited as "The China and Corea (Amendment) Order in Council, 1910", and shall be read as one with the China and Corea Order in Council, 1904, hereinafter referred to as the Principal Order", and the Principal Order, the China and Corea (Amendment) Order in Council, 1907, the China and Corea (Amendment) Order in Council, 1909, and this Order may be cited together as "The China and Corea Orders in Council, 1904 to 1910".

鲁

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 3, 1911.

APPOINTMENTS, &c.

1st February, 1911.

No. 26.

NOTICES.

ORDER IN COUNCIL.

AT THE COURT AT ST. JAMES'S,

THE 2ND DAY OF AUGUST, 1910.

PRESENT.

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD CHAMBERLAIN.

LORD DENMAN.

LORD ASHBY ST. LEDGERS.

WHEREAS

　　　　　　　　　　　　　　　　　　　His HEREAS by treaty, grant, usage, sufferance, or other lawful means, His Majesty the King has jurisdiction within the dominions of the Emperor of China and of the Emperor of Corca :-

鲁

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 3, 1911.

2.--(1) Where a British subject is sentenced to imprisonment for a term of not less than six months, the Court may, as part of the sentence order that he be deported.

(2) Article 83, sub-articles 4 to 11, of the Principal Order and article 6 of the China and Corea (Amendment) Order in Council, 1907, shall apply to deportations under this article.

3. Where a person not belonging to Hongkong is sentenced to imprisonment and deportation under article 2, and is sent for imprisonment to Hongkong, the Governor of Hongkong shall, if lawfully empowered thereto, deport such person to the place to which he was ordered by the Court to be deported; and if not so empowered, the Governor shall cause such person to be sent back to Shanghae.

4.-(1) Where a warrant is issued by the Minister to the person for the time being in command of a police force in any foreign concession or settlement in China, as provided in article 3, sub-article 3, of the China and Corea (Amendment) Order in Council, 1909, the jurisdiction authorized by the said warrant shall be exercised in conformity with, and shall be subject to, such rules as the Judge of the Supreme Court, with the approval of the Secretary of State, may make, and pending the issue of such rules, such of the China and Corea Rules of Court, 1905, as the Judge may direct. (2) A monthly return of all summary punishments inflicted by the person holding such warrant shall be sent to the Judge of the Supreme Court.

5.-(1) A warrant issued by the Minister under article 3, sub-article 3, of the China and Corea (Amendment) Order in Council, 1909, to the person for the time being in command of a police force in any foreign conces- sion or settlement in China may empower such person while in command of the force to inflict summary punishment upon members of the force by detention for a period not exceeding fifteen days in such place as may be provided as a detention barrack by the authority by whom the force is paid. (2) Any warrant or King's Regulation issued under article 3 of the China and Corea (Amendment) Order in Council, 1909, in force at the date of this Order, authorizing a sentence of imprisonment shall be deemed to authorize a sentence either of imprisonment or of detention.

(3) For the purposes of this article, "detention and "detention barrack

shall have the same meaning as in the Army. Act.

　　And the Right Honourable Sir EDWARD GREY, Bart., one of His Majesty's Principal Secretaries of State, is to give the necessary directions herein.

ALMERIC FITZROY.

NOTIFICATION.

　　The undersigned, His Majesty's Chargé d'Affaires, in virtue of the powers conferred upon him in that behalf, hereby appoints the First day of January, 1911, to be the day on which "The China and Corea (Amendment) Order-in-Council 1910" shall take effect.

Given under my hand and seal this Twenty-eighth day of October, 1910.

H. B. M. Legation,

PEKING.

W. G. MAX MULLER.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 3, 1911.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 27. It is hereby notified that the Grant Code of 1903 has, with the approval of the Secretary of State for the Colonies, been withdrawn as from 1st July, 1910, and a new Code, copies of which can be obtained on application to the Director of Education, sub- stituted therefor.

C. CLEMENTI, (in the absence of a)

Colonial Secretary.

3rd February, 1911.

SUPREME COURT.

　　　　No. 28.-It is hereby notified that the names of the Shanghai Reinforced Concrete Company, Limited, and the Orient Rubber Cultivation Company, Limited, have been struck off the Register.

1st February, 1911.

G. H. WAKEMAN,

Registrar of Companies.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 10, 1911.

EXECUTIVE COUNCIL.

No. 29.

　　　　Order made by the Governor-in-Council under Section 18 of the Prison Ordinance, 1899, (Ordinance No. 4 of 1899), this 3rd day of February, 1911.

The following Regulation is hereby added to the Prison Regulations published in the Gazette on the 7th April, 1900, and on pages 199-261 of the Regulations of Hongkong, 1910, and shall be inserted after Regulation 267 thereof :--

"267a. Mohammedan prisoners convicted for the first time will be allowed to observe the fast of Ramadan and during the fast will be required to labour at such reduced task as the Medical Officer considers proper."

No. 30.

　　　　Order made by the Governor-in-Council under Section 70 of the Probates Ordinance, 1897, (Ordinance No. 2 of 1897), this 3rd day of February, 1911.

Whereas by the seventieth section of the Probates Ordinance, 1897, it is enacted as follows:

"The Governor-in-Council may, on being satisfied that the Legislature of any

British Possession has made adequate provisions for the recognition in that Possession of probates and administrations granted by the Court, direct by Order that the provisions of Part VI of the Probates Ordinance, 1897, relating to Colonial Probates, shall, subject to any exceptions and modifi- cations specified in the Order, apply to that Possession, and thereupon, while the order is in force, those provisions shall apply accordingly."

　　　　And whereas the Governor-in-Council is satisfied that the Legislatures of the British Possessions hereinafter mentioned have made adequate provision for the recognition in those Possessions of probates and letters of administration granted by the Supreme Court of this Colony.

　　　Now, therefore, the Governor-in-Council doth hereby order and direct that the provi- sions of Part VI of the Probates Ordinance, 1897, shall apply to the Britisn Possessions hereunder mentioned in addition to those mentioned in the Order-in-Council published in the Gazette of 14th July, 1900, and on pages 176 and 177 of the Regulations of Hongkong,

1910-

Bechuanaland Protectorate.

Bermuda.

British Columbia.

Cape Colony.

Manitoba.

Negri Sembilan.

North West Territories.

Nova Scotia.

Ontario.

Orange River Colony.

Pahang.

Papua (British New Guinea).

Perak.

Prince Edward Island.

Selangor.

Southern Nigeria.

Southern Rhodesia.

Swaziland.

Transvaal.

Uganda.

Western Australia.

Weihaiwei.

C. CLEMENTI,

COUNCIL CHAMBER,

3rd February, 1911.

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 10, 1911.

APPOINTMENTS, &c.

No. 31.-His Excellency the Governor has been pleased to appoint the Reverend Orтo SCHULTZE to be a Member of the Board of Examiners, vice the Reverend T. H. VÖMEL resigned.

5th February, 1911.

NOTICES.

OBSERVATORY.

No. 32. Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of January, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI- SUN-

DATE.

RAIN.

NESS. SHINE.

M.S.L. Max. Mean. Min.

Rel. Abs.

Dir. Vel.

ins.

! p. c.

ins.

p. e.

hrs.

ins.

Points.

Miles

p. h.

30.16

68.8 61.8

58.7

0.43

9.0

12.2

.22

64.0 59.4

54.4

.29

9.1

E by N

13.0

.19

65.0 59.1

54.9 69

.35

9.6

15.8

.14

68.1 62.2

58.0 72

.40

9.2

E by S 11.4

.14

74.4 64.4

58.5 75

.45

9.0

NE by E 5.1

.22

62.4

59.8 58.8 77

.40

0.1

E by N 23.9

.22

63.2

59.7 57.6

.39

7.1

22.5

.18

66.8 62.9

59.2

.40

7.7

20.5

.08

67.4

63.7 60.3

.46

8.9

17.8

10,

.03

66.6 63.4 60.5

.48

9.5

10.2

11,

.12

69.4

60.5 52.4 70

.37

2.0

0.020

12.5

12,

.20

55.8

53.6 50.9

.27

NNE

11.0

13,

.23

58.7

56.2 53.2 68

.31

3.9

E by N 20.7

14,

.25

62.8 56.3 52.6

.28

5.7

NE by N 8.6

15,

.22

55.4 52.2

48.6

.27

100

NNE

6.7

16,

.18

56.9 53.6 51.2

.29

100

0.4

11.7

17,

.17

57.7

53.6 49.9 75

.31

0.030

4.8

18,

.19

59.9 54.8

51.8 69

.30

0.9

NXW

5.9

19,

.24

53.4

49.7

47.5 60

.22

100

0.005

N by E

9.9

20,

.21

54.9 51.8 48.7 63

.24

100

ENE

7.5

21,

.16

22,

.21

59.8 57.3

59.6 55.6 51.9 75

54.4

.33

100

0.1

0.015 NW by W

3.5

.32

0.3

NE by E

6.4

23,

.18

62.7 56.9

52.5 64

.30

9.2

E by N

13.3

24,

.11

62.1 57.5 53.0 68

.32

9.7

12.4

25,

.03

63.5

59.7 56.0 74

.38

20-

10.0

E by N❘ 22.8

26,

29.92

63.7

61.6 58.9 83

.46

6.6

E by S 21.2

27.

.85

66.9

63.9 60.6

.53

8.0

15.0

28,

.87

65.4 63.7 61.8

.52

0.3

E 21.0

29,

.86

62.7 61.1 59.5

.49

100

0.5

0.010

E by N

27.4

30,

.77

69.8 64.5 60.9

.58

100

0.2

0.620

14.7

81,

.76

68.2

65.4 64.0

.59

100

2.2

0.035

E by N

15.8

Means or Total,

30.11

63.1

58.9 55.5 74

0.38

139.2

0.735

E by N 13.7

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR JANUARY:-

　　　Max'm, Mean,

30.22

69.0 64.9 62.2 83

Min'm,

30.16 30.05

64.6 60.1 56.3

60.2 55.6 51.5

828

0.51

90 238.8

8.43

18.1

0.39

0.32

64 142.8 35

1.46

77.0

0.00

E by N 13.8 11.0

6th February, 1911.

F. G. FIGG,

Director.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 10, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 33.-It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. I of 1911.

4th Feb., 1911.

Reginald Vandezee Farnham.

Description of Invention,

Skelmorlie, Hydropathic, An invention for improved Gas

Wemyss Bay, Renfrew- shire, Scotland.

Producer.

　　　　No. 34.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 152 (I-III) of 1897.

6th February, 1897.

Quau Kui and Quan Cho-tsing, trading under the style of Kwong Hee Ying.

5th February, 1925.

42.

6th February, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

}

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 17, 1911.

EXECUTIVE COUNCIL.

No. 35.

　　　　Regulation made by the Governor-in-Council under Section 37 (3) and (4) of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), this 3rd day of February, 1911.

9A. Vessels plying within the sheltered and partially sheltered waters of Mirs Bay may carry the number of passengers which they are allowed to carry when within the Local Trade Limits".

No. 36.

Order made by the Governor-in-Council under Sections 70 and

73 of the Probates Ordinance, 1897, (Ordinance No. 2 of 1897),

this 3rd day of February, 1911.

Whereas by the seventieth section of the Probates Ordinance, 1897, it is enacted as follows:

"The Governor-in-Council may, on being satisfied that the Legislature of any British Possession has made adequate provisions for the recognition in that Possession of probates and administrations granted by the Court, direct by Order that the provisions of Part VI of the Probates Ordinance, 1897, relating to Colonial Probates, shall, subject to any exceptions and modifica- tions specified in the Order, apply to that Possession, and thereupon, while the Order is in force, those provisions shall apply accordingly."

And whereas by the seventy-third section of the said Ordinance, it is further enacted as follows:-

"The provisions of Part VI of the Probates Ordinance, 1897, relating to Colonial Probates shall extend to authorise the sealing by the Court of any probate or administration granted by a British Court in a foreign country in like manner as they authorise the sealing of a probate or administration granted in a British Possession to which the said provisions apply, and the said provisions shall apply accordingly, with the necessary modifications."

And whereas "His Britannic Majesty's Supreme Court for China and Corea" and other the Provincial Courts constituted by the China and Corea Order-in-Council, 1904, are British Courts in a foreign country within the meaning of the said seventy-third section of the said Ordinance;

And whereas the Colonial Probates Act, 1892, of the United Kingdom has been extended to Hongkong;

And whereas the Governor-in-Council is satisfied that adequate provision has been made by the one-hundred-and-sixth clause of the above Order-in-Council, for the sealing by the said Supreme Court of China and Corea of probates and letters of administration granted by the Supreme Court of this Colony.

Now, therefore, the Governor-in-Council doth hereby order and direct that the provi- sions of Part VI of the Probates Ordinance, 1897, shall extend to authorise the sealing by the Supreme Court of this Colony of any probate or letters of administration granted by His Britannic Majesty's Supreme Court and Provincial Courts for China and Corea.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 17, 1911.

EXECUTIVE COUNCIL.

No. 35.

　　　　Regulation made by the Governor-in-Council under Section 37 (3) and (4) of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), this 3rd day of February, 1911.

9A. Vessels plying within the sheltered and partially sheltered waters of Mirs Bay may carry the number of passengers which they are allowed to carry when within the Local Trade Limits".

No. 36.

Order made by the Governor-in-Council under Sections 70 and

73 of the Probates Ordinance, 1897, (Ordinance No. 2 of 1897),

this 3rd day of February, 1911.

Whereas by the seventieth section of the Probates Ordinance, 1897, it is enacted as follows:

And whereas by the seventy-third section of the said Ordinance, it is further enacted as follows:-

And whereas the Colonial Probates Act, 1892, of the United Kingdom has been extended to Hongkong;

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 17, 1911. 49

　　And the Governor-in-Council doth further order and direct that all probates or letters of administration granted by His Britannic Majesty's Supreme Court and Provincial Courts for China and Corea which have heretofore been sealed by the Supreme Court of this Colony, shall be and be held for all purposes whatsoever to have been as validly sealed as if they had been sealed under and by virtue of this Order-in-Council.

COUNCIL CHAMBER,

3rd February, 1911.

C. CLEMENTI,

Clerk of Councils.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 37. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 153 of 1897.

10th February, 1897.

The California Fig Syrup Company.

9th February, 1925.

16th February, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 17, 1911. 49

COUNCIL CHAMBER,

3rd February, 1911.

C. CLEMENTI,

Clerk of Councils.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 37. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 153 of 1897.

10th February, 1897.

The California Fig Syrup Company.

9th February, 1925.

16th February, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

No. 8.

DIEU

MTMON DROITO"

Vol. LVIL

The Hongkong Government Gazette

Extraordinary.

Published by Authority.

WEDNESDAY, FEBRUARY 22, 1911.

The following Notification is published,

By command,

C. CLEMENTI,

Colonial Secretary.

APPOINTMENTS, &c.

No. 38.-His Excellency the Governor has been pleased to appoint CECIL CLEMENTI to act as Colonial Secretary and RICHARD HAYES CROFTON to act as Assistant Colonial Secretary and Clerk of Councils until further notice.

22nd February, 1911.

Printed and Published by NORONHA & Co., Printers to the Hongkong Government, No. 6, Des Voeux Road.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

No. 39.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 1.

THURSDAY, 12TH JANUARY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER Anderson, C.B.).

The Honourable the Colonial Secretary, (Sir FRANCIS HENRY MAY, K.C.M.G.).

the Colonial Treasurer, (CHARLES MCILVAINE MESSER).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FRANCIS Joseph Badeley).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY Edward Pollock, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK.

ABSENT:

The Honourable the Attorney General, (WILLIAM REES DAVIES, K.C.).

The Council met pursuant to summons.

　　　　The Minutes of the last Meeting, held on the 29th December, 1910, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 1 and 2, and moved that they be referred to the Finance Committee:-

No. 1.-Public Works, Recurrent, Maintenance of Roads and

Bridges in New Territories,

No. 2.-Sanitary Department, Light, Tsim Sha Tsui Market,

The Colonial Treasurer seconded.

Question-put and agreed to.

....$ 4,000.

...

696.

REPORT OF THE PUBLIC WORKS COMMITTEE.-The Director of Public Works laid on the table the Report of the Public Works Committee (No. 4 of 1910) dated the 29th December, 1910.

RESOLUTION.-Dr. Ho KAI, pursuant to notice, addressed the Council and moved the following Resolution :-

That the herty congratulations of the Members of this Council be tendered to the Honourable Sir F. Henry May, K.C.M.G., on his well merited promotion to the Givernorship of the Colony of Fiji; and that a record be made and inserted in the minutes of this Council of the deep appreciation felt by the Members thereof of his long and valuable services as an Official Member, and of t eir regret at losing a Colleague who is distinguished no less by his great ability and high character than by his constant courtesy and straight- forwardness, qualities which have won for him the profound respect and admiration of the entire Council.

Mr. HEWETT addressed the Council and seconded.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911. 55

　　　The Director of Public Works and His Excellency the Governor also addressed the Council.

Question-put and agreed to.

QUESTION. Mr. OSBORNE, pursuant to notice, asked the following questions:-

The Colonial Secretary replied.

　　　LEPERS ORDINANCE AMENDMENT BILL.The Colonial Secretary moved the First read- ing of a Bill entitled An Ordinance to amend the Lepers Ordinance, 1910.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a first time.

　　　DEFENCES (SKETCHING PREVENTION) AMENDMENT BILL.The Colonial Secretary moved the First reading of a Bill entitled An Ordinance to amend The Defences (Sketching Pre- vention) Ordinance, 1895, and to control balloonis:s and others who have special opportuni- ties for obtaining information respecting the defences of the Colony.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a first time.

WIDOWS' AND ORPHANS' PENSION AMENDMENT BILL.-The Colonial Secretary ad- dressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Widows' an Orphans' Pension Ordinance, 1908.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Colonial Secretary moved that the Bill be read a third time.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a third time.

Question put--that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned sine die.

Head and confirmed this 23rd day of February, 1911.

R. H. CROFTON,

Clerk of Concils,

F. D. LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

No. 40.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 2 of 1911.-An Ordinance to amend the Lepers Ordinance, 1910. Ordinance No. 3 of 1911.-An Ordinance to amend The Defences (Sketching Prevention) Ordinance, 1895, and to control balloonists and others who have special oppor- tunities for obtaining information respecting the defences of the Colony.

Short title and con- struction.

Repeals sec- tion 14 of the Lepers Ordinance, 1910, and substitutes a new section.

Prohibition of leper im- migration.

HONGKONG.

No. 2 OF 1911.

An Ordinance to amend the Lepers Ordinance,

1910.

F. D. LUGARD, "

Governor.

[24th February, 1911.]

BE it ouacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Lepers Ordin- ance Amendment Ordinance, 1911, and shall be read and construed as one with The Lepers Ordinance, 1910.

2. Section 14 of the Lepers Ordinance, 1910, is hereby repealed and the following is substituted for and shall be read in lien thereof :-

"14.-(1.) No person, not being a subject of His Majesty, suffering from leprosy may eater this Colony, and every person so doing may be banished in the manner hereinafter provided. (2.) The Governor-iu-Council may, by order, pro- hibit any leper not being a subject of His Majesty who may enter the Colony in contra- vention of the last preceding sub-section from residing or being within the Colony for such period as the Governor-in-Council may think fit, and may by the same or any subsequent order, fix the time for the departure of such leper from the Colony,

The leper named in such order shall be arrested and detained in custody by the Police until he leaves the Colony or until the final departure from the Colony of any vessel in which he leaves."

Passed the Legislative Council of Hongkong, this 23rd day of February, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th

day of February, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

HONGKONG.

No. 3 of 1911.

An Ordinance to amend The Defences (Sketching Prevention) Ordinance, 1895, and to control balloonists and others who have special oppor- tunities for obtaining information respecting the defences of the Colony.

F. D. LUGARD,

Governor,

[24th February, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

"The Defences Short title

1. This Ordinance may be cital as (Sketching Prevention) Amendment Ordinance, 1910", and con- and shall be read and construed as one with The Defences struction. (Sketching Prevention) Ordinance, 1895, hereinafter called "The Principal Ordinance ".

.༣

Ordinance.

2. Section 2 of the Principal Ordin unes is hereby Amends sec- amended by the insertion in sub-section (1) after the word tion 2 of the inake in the thir line thers of of the words or have Principal in his possession, custody or control", and by the insertion in sub-section (2) after the wori male in the third line thereof of the words " or possessed ".

3. The following section is hereby inserted after section 4 of the Principal Ordinance :-

tions or uaval

"4A.--Any person who without lawful authority or Trespassing excuse is found in or upon any battery, field on fortifica- work, or fortification in this Colony or in or upon and military any place whether fortified or not which is set premises an apart or reserved for may or military opera- offence. tions or purposes and which the general public have no right to eater into or upon shall be guilty of an offence against this Ordinance and shali on conviction before a Megistrate be liable to a fine not exceeding five hundred dollars or at the discretion of the Magistrate to ́im- prisonment with or without hard labour for any terin not exceed ng six months. The burden of proving lawful authority or excuse shall lie upon such person."

4. The following sections are hereby added to Principal Ordinance and shall be inserted at the end

thereof :-

the Issue of

search war- rant by Magistrate.

7. Whenever it appears to any Magistrate upon the oath affirmation or declaration of any per- son of repute that there is good cause to believe that there is in any house, shop, room other place any sketch, drawing, photograph, picture or painting ia respect of which it may appear that an offence has been committed against this Ordinance such Magistrate may by warrant directed to any European Police Officer empower such officer to enter into any such house, shop, room or other place, with such assistance as may be necessary in the daytime, and if necessary 10 use force by breaking open doors or otherwise and search for and seize any such sketch, drawing, photograph, picture or painting as aforesaid, found in such house, shop, r-on or other place, and to arrest any person or persons who may appear to have such articles so seized in his or their possession, custody or control.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

Control of balloonists.

8.-(1.) It shall not be lawful for any person to make an ascent in a balloon, whether dirigible or otherwise, or in an aeroplane without hay- ing previously obtained the permission in writing of the Governor.

(2.) Such permission shall clearly state the number and direction of ascents which are thereby authorised and may be issued subject to any conditions, which shall be specified in the written permission, that the Governor may think fit to impose.

(3.) Every person who contravenes the provi- sions of this section or who contravenes any

　　　of the conditions imposed by the Governor under this section shall, on summary conviction before a Magistrate, be liable to a penalty not exceeding five hundred dollars or, at the discretion of the Magistrate, to imprisonment, with or without hard labour, for any term not exceeding three months."

Passed the Legislative Council of Hongkong, this 23rd day of February, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th day of February, 1911.

C. CLEMENTI,

Cocomial Secretary.

No. 41. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 33 of 1910, entitled--An Ordinance to amend the Opium Ordin-

COUNCIL CHAMBER,

18th February, 1911.

ance, 1909.

NOTICES.

C. CLEMENTI,

Clerk of Councils.

No. 42.

　　　　Order under Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

WHEREAS I, Sir FREDERICK JOHN DEALTRY LOGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath. Companion of the Distinguished Service Order, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies and Vie-Admiral of the same, deem it expedient for the execution of a priblie work (namely the properly laying out of a certain area of Ma Tau Wai Cemetery in terraces for future interments) to remove the graves on Crown Land within the area in Ma Tan Wai Cemetery coloured blue on the plan referred to in Government Notification No. 243 of the 12th August, 1910, AND WHEREAS notice of my intention to make the following order has been duly notified for a period of six months in accordance with the provisions of Section 9b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909), Now I, by this order under my hand by virtue of the power in that behalf vested in me by the aforesaid Section 91h of the said Ordin- ance, do hereby order and direct that the graves within the area in Ma Tau Wai Cemetery coloured blue on the plan above referred to shall be removed to the satisfaction of the Direc tor of Public Works either by the Public Works Department or by the Tung Wah Hospital

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

Control of balloonists.

(3.) Every person who contravenes the provi- sions of this section or who contravenes any

Passed the Legislative Council of Hongkong, this 23rd day of February, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th day of February, 1911.

C. CLEMENTI,

Cocomial Secretary.

No. 41. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 33 of 1910, entitled--An Ordinance to amend the Opium Ordin-

COUNCIL CHAMBER,

18th February, 1911.

ance, 1909.

NOTICES.

C. CLEMENTI,

Clerk of Councils.

No. 42.

　　　　Order under Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911.

Control of balloonists.

(3.) Every person who contravenes the provi- sions of this section or who contravenes any

Passed the Legislative Council of Hongkong, this 23rd day of February, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th day of February, 1911.

C. CLEMENTI,

Cocomial Secretary.

No. 41. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 33 of 1910, entitled--An Ordinance to amend the Opium Ordin-

COUNCIL CHAMBER,

18th February, 1911.

ance, 1909.

NOTICES.

C. CLEMENTI,

Clerk of Councils.

No. 42.

　　　　Order under Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911. 59

should the Board of Direction desire to undertake the work, and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Registrar General in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit, and that all reasonable expenses in connection with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 20th day of February, in the year of Our Lord 1911.

Government House,

Hongkong.

No. 43.

F. D. LUGARD,

Governor.

　　Order under Section 916 of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

WHEREAS I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath. Companion of the Distinguished Service Order, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, deem it expedient for the execution of a public work (namely, the proper laying out of certain area of Chai Wan Cemetery in terraces for future interments) to remove the graves on Crown Land within the area in Chai Wan Cemetery coloured blue on the plan referred to in Government Notification No. 255 of the 19th August, 1910, AND WHEREAS notice of my intention to make the following order has been duly notifi d for a period of six months in accordance with the provisions of Section 9b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909), Now I, by this order under my hand by virtue of the power in that behalf vested in me by the aforesaid Section 91b of the said Ordinance, do heresy order and direct that the graves within the area in Chai Wan Cemetery coloured blue on the plan above referred to shall be removed to the satisfaction of the Director of Public Works either by the Public Works Department or by the Tung Wah Ho pital, should the Board of Direction desire to undertake the work, and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Registrar General in consultation with the Head of the Sanitary Department and the Board of Direc tion of the Tang Wah Hospital shall think fit, and that all reasonable expenses in connec- tion with such removal, re-interment and disposal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 20th day of February, in the year of Our Lord 1911.

Government House, Hongkong.

F. D. LUGARD, Governor.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 44.-The attention of all persons who consume white rice and also of all large employers of coolie labour is directed to the fact that it is generally believed that the disease Beri-beri, which causes several hundred deaths in Hongkong each year, is produced by the consumption of white rice, as the staple article of diet, without a sufficiency of other foods.

　　　It is important therefore that a sufficient quantity of fresh mau or of fresh fish should be eaten with the rice, but if this cannot be afforded beans should be eaten, in the propor- tion of not less than one quarter of a catty of beans to every catty of rice. The beans shouid be boiled with a small quantity of fresh pork or fresh fish to make a soup.

C. CLEMENTI,

Colonial Secretary.

24th February, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 45. It is hereby notified that the Baker Sewing Machines Trust, Limited, of 17 Hanover Square, London, England, have by assignment become proprietors of a Letters. Patent registered on the 13th September, 1910, under the number 3 of 1910, by Mr. FRE- DERICK BAKER, of 42 Lee Road, Blackheath, in the County of Kent, England, and Mr. LESSER JACOBS, of 17 Hanover Square, in the County of London, England.

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 24, 1911. 59

Given under my hand this 20th day of February, in the year of Our Lord 1911.

Government House,

Hongkong.

No. 43.

F. D. LUGARD,

Governor.

　　Order under Section 916 of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

Given under my hand this 20th day of February, in the year of Our Lord 1911.

Government House, Hongkong.

F. D. LUGARD, Governor.

COLONIAL SECRETARY'S DEPARTMENT.

C. CLEMENTI,

Colonial Secretary.

24th February, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

THE HONGKONG GOVERNMENT GAZETTE, FEBBUARY 24, 1911.

　　　　No. 46. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number of Mark.

Date of Registration.

No. 154 of 1897.

15th February, 1897.

Name of Owner.

Ho Kwing-shan, Chan Jat- shan, Ng Cho-king, Yung Sin-yan and Yung Hon-ping.

Period of Renewal.

Classes in which renewed.

14th February, 1925.

47.

No. 13 of 1883.

17th February, 1883.

Arnhold, Karberg and

Company.

16th February, 1925.

13, 23, 24, 25, 26, 27.

28, 33, 34, 35.

No. 14 of 1883.

Do,

Do.

No. 15 of

Do.

1883.

No. 16 of

Do.

1883.

No. 17 of

Do.

1883.

No. 19 of

Do.

1883.

No. 22 of

Do.

1883.

No. 23 of

Do.

13, 17, 23, 24, 25, 26, 27, 28, 33, 34, 35.

1883.

No. 25 of 1883.

Do.

13, 23, 24, 25, 26, 27, 28, 33, 34, 35.

Nɔ. 47.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 23rd day of March, 1911, unless the prescribed fee for renewal of registration is paid before that

date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 155 of 1897 (A. B. C. D.)

Mr. Heinrich Patzmann, Waldenburg, Germany.

23rd February, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks,

No. 3.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 3, 1911.

PROCLAMATIONS.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901 ;

And whereas His Excellency the Governor-in-Council has ordered that Taku and Tientsin should be proclaimed as ports or places at which an infectious or contagious disease prevails;

Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Taku and Tientsin, as ports or places at which an infectious or contagious disease prevails.

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 1st day of March, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

NOTICES.

No. 48.

　　　Regulations made by the Governor under Section 14 of the Volunteer Reserve Ordinance, 1910, (Ordinance No. 25 of 1910), this 25th day of February, 1911.

1. The Reserve shall consist of any number of members who are British subjects and whose services are recommended by the President and accepted by the Governor.

2. The minimum age limit for members who have not served in His Majesty's Land or Sea Forces shall be 35 unless being over 33 years of age a candidate has served in any Volunteer Corps for a period of 3 years, or being over 30 years of age has served in any Volunteer Corps for a period of 5 years. Provided that the Governor may if he thinks fit dispense with this Rule in any special case.

No. 3.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 3, 1911.

PROCLAMATIONS.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901 ;

And whereas His Excellency the Governor-in-Council has ordered that Taku and Tientsin should be proclaimed as ports or places at which an infectious or contagious disease prevails;

Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Taku and Tientsin, as ports or places at which an infectious or contagious disease prevails.

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 1st day of March, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

NOTICES.

No. 48.

　　　Regulations made by the Governor under Section 14 of the Volunteer Reserve Ordinance, 1910, (Ordinance No. 25 of 1910), this 25th day of February, 1911.

1. The Reserve shall consist of any number of members who are British subjects and whose services are recommended by the President and accepted by the Governor.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 3, 1911.

　　　3. Members of the Volunteer Reserve shall go through a course of Musketry annually consisting in the Instructional Practices and Standard Tests from time to time laid down for the Hongkong Volunteer Corps or otherwise as the Governor may direct.

　　　4. All members shall undergo such elementery drills (being not less than 6 in num- ber) as the Instructor may deem necessary to enable them to act on word of command and to move in simple formation, and all Members shall satisfy the Inspecting Officer of their competency in such drills.

5. The Military Instructor appointed under Section 6 of the Volunteer Reserve Ordinance, 1910, shall attend the Annual Musketry Course and shall give instruction in Musketry and in Elementary Drill.

6. The Inspecting Officer appointed under Section 7 of the Ordinance aforesaid, shall satisfy himself that the Annual Musketry Course is properly conducted and that the members have a sufficient knowledge of elementary drill as in Rule 4. He shall inspect the Reserve on the completion of the Annual Musketry Course and inake a report to the Governor.

　　　7. A member of the Volunteer Reserve in order to be reckoned as efficient must have completed the Annual Musketry Course and attended not less than 6 drills; and, unless he is specially excused by the President or is incapacitated through sickness, he must be pre- sent at the Annual Inspection of the Reserve.

　　　8. Each member of the Reserve will be supplied with a Rifle and such other appoint- ments as the Governor may direct, subject to the conditions contained in Section 8 of the Volunteer Reserve Ordinance, 1910. Members may retain their Rifles and appointments in their own possession or may store them at the Headquarters of the Hongkong Volunteer Corps.

　　　9. The Secretary shall keep a Stock Book showing the number of Rifles and other appointments supplied by the Government to the Reserve and also an issue book for record- ing the issue of Rifles and appointments to members. Receipts shall be signed by members of the Reserve to whom Rifles or appointments are issued. The issue book shall be checked by the President and each signature authenticated by his initials.

10. The Government will allow for every member of the Volunteer Reserve who shall complete the Annual Musketry Course 100 rounds of Rifle ammunition and there shall also be issued to the President for purposes of bona fide practice Ammunition at the rate of $3 per 100 or such other rate as may be fixed by the Governor from time to time.

11. The members of the Volunteer Reserve will, until further notice, be allowed a share in the use of the King's Park Rifle Range subject to such regulations as may be approved from time to time by the Governor. Targets will not be supplied by the Government.

12. The Government will make a grant for the Salary of a paid Secretary to the Reserve of $250 per annum if the number of efficients on the completion of the Annual Course of Instructions in Musketry and Drill is between 50 and 100 and a grant of $500 per annum if such number is 100 or more.

13. The Secretary shall keep the following books :--

(a.) A Roll of Members of the Reserve.

(b.) A record of attendance at Drills, Rifle Practices and Annual Inspection.

(e.) An Account of Receipts and Expenditures.

(d.) A stock book for Arms and Appointments. e.) An issue book for Arms and Appointments.

3rd March, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 3, 1911.

SUPREME COURT.

　　　No. 49.-It is hereby notified that at the expiration of three months from the date hereof the Sun Hing Steamship Company, Limited, will, unless cause is shewn to the con- trary, be struck off the Register and the Company will be dissolved.

G. H. WAKEMAN,

Registrar of Companies.

27th February, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 50. It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. 2 of 1911.

2nd March.

1911.

2nd March, 1911.

Description of Invention,

John King Bulger. | 510 Battery Street, Sanj An invention for lock joint coup-

Francisco, State of Cali- fornia, United States of America.

lings for pipes and the like.

A. G. M. FLETCHER,

Registrar of Trade Marks.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

EXECUTIVE COUNCIL.

No. 51.

COMMISSION BY HIS EXCELLENCY THE GOVERNOR OF HONGKONG.

[L.S.]

on:

F. D. LUGARD,

Governor.

WHEREAS it is expedient that a Commission be appointed to enquire into and report

(a.) Questions relating to the making of Wills by Chinese :

　　　　　(b.) The Chinese personal law and custom in force in the Kwong Tung Province: and to draw up a series of principles embodying it and to advise how these may best be administered by the Hongkong Courts :

NOW, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, in Executive Council assembled, do hereby under the powers vested in me by Ordinance 13 of 1886, entitled The Commissioners' Powers Ordinance, 1886, appoint-

1. Sir FRANCIS TAYLOR PIGGOTT, Knight, Chief Justice of the said Colony of

Hongkong, or other the Chief Justice for the time being,

2. HENRY HESSEY JOHNSTON GOMPERTZ, Puisne Judge, or other the Puisne Judge

for the time being.

3. The Honourable Mr. WILLIAM REES DAVIES, K.C., Attorney General, or other

the Attorney General for the time being.

4. The Honourable Mr. ARTHUR WINBOLT BREWIN, Registrar General, or other

the Registrar General for the time being.

5. The Honourable Dr. Ho KAI, C.M.G.

6. The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

7. CECIL CLEMENTI, Esquire, Assistant Colonial Secretary.

to be a Commission for the purpose of instituting, making, and conducting such enquiry And I do hereby appoint you the said Sir FRANCIS TAYLOR PIGGOTT or other the Chief Justice for the time being to be Chairman of such Commission; And I do hereby appoint JAMES DANIEL LLOYD, First Assistant Registrar General, or other the First Assistant Regis- trar General for the time being, to be Secretary to such Commission; And I do hereby order and direct that for all or any of the purposes of the Commission four Members thereof inclusive of the Chairman shall be and constitute a quorum.

　　　　AND I do further hereby order and direct that the said Commission shall, for the pur- pose of making the said enquiry, have all such powers as are vested in the Supreme Court of this Colony or in any Judge thereof on the occasion of any suit or action in respect of following matters, vis.-

(a.) The enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise, as the Commissioners or any of them may think

fit.

(b.) The compelling the production of documents.

AND I do hereby further direct that every examination of witnesses shall be held in private.

GIVEN under my hand and the Public Seal of the Colony in Executive Council, this 1st day of March, 1911.

COUNCIL CHAMBER, HONGKONG, 1st March, 1911.

By Command,

R. H. CROFTON,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

No. 52.

Regulation made by the Governor-in-Council under Section 3 of the Licensing Consolidation Ordinance, 1887, (Ordinance No. 8 of 1887), this 8th day of March, 1911.

　　Condition No. 8 of the Conditions of a Hawker's Licence made by the Regulation of the 10th day of September, 1909, and published in the Regulations of Hongkong pages 110- 114, is hereby amended by adding the following paragraph at the end thereof :-

*No. 53.

Tsim Sha Tsui Market.

Eastern Boundary: --The Harbour.

Western Boundary :-The Harbour.

Northern Boundary :-Austin Road an1 Austin Avenue. Southern Boundary :-The Harbour.

Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 8th day of March, 1911.

No dog brought from Shanghai will be permitted to land in this Colony for a period of

three months from this date.

COUNCIL CHAMBER,

8th March, 1911.

No. 54.

LEGISLATIVE COUNCIL.

R. H. CROFTON,

Clerk of Councils.

LEGISLATIVE COUNCIL, No. 2.

THURSDAY, 23RD FEBRUARY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (CHARLES MOILVAINE MESSER).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK,

ABSENT:

The Honourable the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

The Council met pursuant to summons.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

No. 52.

Regulation made by the Governor-in-Council under Section 3 of the Licensing Consolidation Ordinance, 1887, (Ordinance No. 8 of 1887), this 8th day of March, 1911.

*No. 53.

Tsim Sha Tsui Market.

Eastern Boundary: --The Harbour.

Western Boundary :-The Harbour.

Northern Boundary :-Austin Road an1 Austin Avenue. Southern Boundary :-The Harbour.

Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 8th day of March, 1911.

No dog brought from Shanghai will be permitted to land in this Colony for a period of

three months from this date.

COUNCIL CHAMBER,

8th March, 1911.

No. 54.

LEGISLATIVE COUNCIL.

R. H. CROFTON,

Clerk of Councils.

LEGISLATIVE COUNCIL, No. 2.

THURSDAY, 23RD FEBRUARY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (CHARLES MOILVAINE MESSER).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK,

ABSENT:

The Honourable the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

The Council met pursuant to summons.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

The Minutes of the last Meeting, held on the 12th January, 1911, were read and confirmed.

NEW MEMBER.-Mr. CLEMENTI took the Oath and assumed his seat as a Member of the Council.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 3 to 5 and 7 to 16, and moved that they be referred to the Finance Committee : No. 3.-Colonial Secretary's Department, Language Study

Allowance to Passed Cadet,

No. 4.-Public Works, Extraordinary, Pier at Castle Peak

Bay,

No. 5.-District Officer, Northern District, Transport of

Revenue,

No. 7.-Imports and Exports Office, Security Allowance

to 4th Grade Clerk,

No. 8.-Governor, Furniture,

No. 9.-Postal Agencies in China,

No. 10.-Coronation Contingent of the Hongkong Volunteer

Corps,

No. 11.-Attorney General's Office, Rent of Telepone Ex-

$ 180.00.

2,662.00.

200.00.

27.00.

1,500.00.

4,831.72.

...

13,150.00.

114.29.

400.00. 1,500.00.

737.14.

No. 15.-Reception of H. I. & R. H. the Crown Prince of

Germany,

Servants,

255.77.

12.800.00.

change,

No. 12.-Supreme Court, Fees to Counsel and Solicitors for

Prisoners in Capital Cases,

...

No. 13.-Supreme Court, Administration of Justice, No. 14.-Volunteers, Ammunition,

No. 16.-Miscellaneous Services,-Transport of Government

The Colonial Treasurer seconded.

His Excellency the Governor addressed the Council with reference to Minute No. 16 in explanation of Sessional Paper No. 2 (Free Passage Scheme for Subordinate Officers) which was laid on the table in connection therewith.

Question-put and agreed to.

　　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 12th January, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　RESOLUTION.-Mr. POLLOCK, pursuant to notice, addressed the Council and moved the following Resolution :-

That in the opinion of this Council it is desirable that a Clock Tower should be erected on the New Post Office according to the projected design, with a suitable clock in it.

Mr. KESWICK addressed the Council and seconded.

　　　Mr. HEWETT, the Director of Public Works and His Excellency the Governor also addressed the Council.

The Resolution was then amended as follows:--

That in the opinion of this Council it is desirable, as soon as the finances of the Colony shall permit, that a Clock Tower should be erected on the New Post Office according to the projected design, with a suitable clock in it.

Question-put and agreed to.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

QUESTIONS.--Mr. OSBORNE, pursuant to notice, asked the following questions:-

1. With reference to the answer given at the last Meeting of this Council to my

question concerning progress on the new Typhoon Refuge, will the Govern ment cause to be laid on this table half-yearly, a statement of payments due to the Contractor in the form suggested in my letter to the Colonial Secretary dated the 13th January?

2. Will the Government state (a) the number of cases of theft from ships and lighters in the Harbor reported to the Police during the year 1910, (b) the vaľne (if known) of the goods stolen?

3. Will the Government cause enquiry to be made into the alleged prevalence of theft from ships and lighters in the Harbor and the best method of preventing injury to the Colony's trade from this cause?

The Colonial Secretary replied.

　　HARBOUR OF REFUGE AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Harbour of Refuge Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

LIQUORS CONSOLIDATION BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to consolidate and amend the law relating to Intoxicating Liquors.

The Colonial Secretary seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a first time.

UNIVERSITY BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance for the incorporation and regulation of the University of Hongkong.

The Colonial Secretary seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a first time.

　　CRIMINAL LAW AMENDMENT BILL.-The Attorney General addressed the Council and moved the First reading of a Bill entitled An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

PENALTIES AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

LEPERS ORDINANCE AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Lepers Ordinance, 1910.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

　　　　DEFENCES (SKETCHING PREVENTION) AMENDMENT BILL.-The Attorney General ad- dressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend The Defences (Sketching Prevention) Ordinance, 1895, and to control balloonists and others who have special opportunities for obtaining information respecting the defences of the Colony.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendinents.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

JURORS LIST FOR 1911.-Council then considered the Jurors List for 1911 in private.

ADJOURNMENT.-The Council then adjourned until Thursday, the 9th March, 1911.

F. D. LUGARD, Governor.

Pead and confirmed this 9th day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

No. 55His Excellency the Governor has been pleased to appoint Captain FREDERICK WILLIAM LYONs to act as Captain Superintendent of Police, Superintendent of Fire Brigade and Superintendent of Prison, and PHILIP PEVERIL JOHN WODEHOUSE to act as Deputy Superintendent of Police and of Fire Brigade, during the absence on leave of the Honourable Mr. FRANCIS Josepu Badeley or until further notice, with effect from this date.

9th March, 1911.

No. 56. His Excellency the Governor has been pleased to appoint Captain FREDERICK WILLIAM LYONS provisionally, and subject to His Majesty's pleasure, to be an Official Member of the Legislative Council with effect from the 9th instant, during the absence on leave of the Honourable Mr. FRANCIS JOSEPH BADELEY or until further notice.

10th March, 1911.

No. 57.--The Honourable Mr. ALEXANDER MACDONALD THOMSON returned to the Colony on the 27th ultimo and resume I duty as Colonial Treasurer.

10th March, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 58-Pension Minute dated January 1st, 1902, Rule No. 6 paragraph 1, (see Regulations of Hongkong, page 7), is hereby amended by the substitution of the words "three Government Medical Officers nominated by the Governor" for the words "two qualified medical practitioners" in lines 3 and 4.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendinents.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

JURORS LIST FOR 1911.-Council then considered the Jurors List for 1911 in private.

ADJOURNMENT.-The Council then adjourned until Thursday, the 9th March, 1911.

F. D. LUGARD, Governor.

Pead and confirmed this 9th day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

9th March, 1911.

10th March, 1911.

No. 57.--The Honourable Mr. ALEXANDER MACDONALD THOMSON returned to the Colony on the 27th ultimo and resume I duty as Colonial Treasurer.

10th March, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 10, 1911.

　　　No. 59.-Government Notification No. 93 of the 1st April, 1910, is hereby amended as follows:-

(a.) By the insertion after the figure and words "(6.) Philippine Islands,........................

do." of the figure and words "(7.) Macao,......

.do.".

(b.) By the addition at the end of the aforesaid notification of the following:--

Export of morphine and compounds of opium will not be permitted to (7) unless the person applying for a permit to export such morphine or compounds of opium produces a permit from the Opium Superintendent of Macao authorizing him to import the same into Macao."

10th March, 1911.

C. CLEMENTI,

Colonial Secretary.

OBSERVATORY.

　　　No. 60.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of February, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI- SUN-

DATE.

RAIN.

NESS. SHINE.

M.S.L.

Max. Mean. Min.

Rel.

Abs.

Dir. Vel.

ins.

29.76

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

72.8 67.8

63.8

0.61

5.5

W by S

7.3

.97

68.6 63.8

59.1 82

.48

4.3

NE by E

6.2

30.18

61.7 56.3

51.5 58

.26

6.3

N by E

9.5

.26

61.2 55.5 49.9 64

.28

9.8

ENE

12.0

.26

63.9 58.3 54.1 70

.34

10.1

9.7

.20

62.0 58.3

55.7 73

.36

8.6

17.2

.17

63.0 59.6 57.1 71

.36

5.5

14.9

.14

66.4

62.1 58.6 75

.42

6.9

17.3

.20

65.0 62.2 59.5 69

.39

9.7

33.1

10,

.26

66.0 62.4

58.3 70

.39

9.9

25.5

11,

.27 69.0 64.5

59.7 76

.46

10.0

E by N 19.8

12,

.25

67.6 63.8 59.9

.45

6.8

22.3

13,

.18

64.7 62.2 60.3 85

.47

0.3

ESE

14.3

14,

.14

72.5 65.9 61.6

.50

6.9

ESE

7.0

15,

74.2 64.8 61.0 72

.45

10.4

10.9

16,

.19

64.4 60.8 58.7 78

.42

3.4

20.2

17,

.21

64.8 60.1 56.9

.38

5.3

19.0

18,

.27

63.5 59.1 56.8

.36

4.5

20.4

19,

.35

62.6 58.3 56.3 72

.35

3.7

E by N

19.1

20,

.35

63.0 57.9

54.5 67

.32

10.3

16.5

21,

.29

65.8 60.4

56.5 72

.38

4.3

E by S

11.9

22,

.19

66.8 59.7 56.8 72

.37

3.0

ENE

11.1

23,

.29

66.1 58.5 51.8

.26

10.3

8.6

24,

.39

62.0 54.0

47.1

.23

7.0

N by E

10.4

25,

60.0 55.1 51.4 57

.25

6.7

26,

61.2 55.2 48.3 57

.25

10.5

27,

.10 65.4

57.8 52.7 72

.35

28,

.06

68.7

61.6 56.6

.37

6.0 10.6

E by

5.8 S 6.3

E by S 8.5

Means or Total,

30.20 65.5

60.2 56.2 71

0.38

50 189.9 0.000

E by N 14.0

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR FEBRUARY :-

Max'm,

Mean,

Min'm,

56.4

30.30 68.6 63.1 59.2 87 30.14 30.00

0.48

97 207.5

7.95

18.5

62.1 58.0 54.6

0.38

76 87.8

1.75

E by N 14.5

53.6 50.5

0.22

16.3

0.02

11.3

6th March, 1911.

F. G. FIGG,

Director.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

No. 61.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 3.

THURSDAY, 9TH MARCH, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

་་

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.). the Registrar General, (ARTHUR WINBOLT BREWIN).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD Osborne.

Mr. HENRY KESWICK.

ABSENT:

The Honourable the Captain Superintendent of Police, (FRANCIS Joseph Badeley).

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 23rd February, 1911, were read and confirmed.

PAPERS.-The Colonial Secretary laid on the table the following paper :---

Jurors List for 1911.

FINANCIAL MINUTES. -The Colonial Secretary laid on the table Financial Minutes Nos. 17 to 19, and moved that they be referred to the Finance Committee :-

No. 17.-Public Works, Extraordinary, Imports and Exports Office, Quarters for Searchers, etc.,

No. 18.-Public Works, Extraordinary, Compensation to Squat-

ters in Hok Un Village for Houses,.

No. 19.-Imports and Exports Office, Secret Service,

The Colonial Treasurer seconded.

Question-put and agreed to.

.$ 5,500.

794.

1,000.

　　　REPORT OF THE FINANCE COMMITTEE. The Colonial Secretary laid on the table the Report of the Finance Committee dated the 23rd February, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

OPIUM COMPENSATION.-His Excellency the Governor read a telegram received from the Secretary of the State for the Colonies to the effect that two further grants of £12,000 each will be placed on the Imperial Estimates for the financial years 1911-12 and 1912-13 as compensation to Hongkong for loss of opium revenue.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

FISHERIES (DYNAMITE) BILL.--The Attorney General moved the First reading of a Bill entitled An Ordinance to prohibit the use of Dynamite or other Explosives for the purpose of catching or destroying Fish.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

INTERPRETATION BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend and codify the law as to Common Forms and as to the Interpretation of Terms used in Ordinances.

The Colonia! Secretary seconded.

Question-put and agreed to.

Bill read a first time.

POLICE FORCE AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Police Force Ordinance, 1900.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

HARBOUR OF REFUGE AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Harbour of Refuge Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

CRIMINAL LAW AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

　　　UNIVERSITY BILL.The Attorney General moved the Second reading of the Bill entitled An Ordinance for the incorporation and regulation of the University of Hongkong.

The Colonial Secretary seconded.

Dr. Ho Kai, Mr. HEWETT and His Excellency the Governor addressed the Council.

Question--put and agreed to.

Bill read a second time.

　　　PENALTIES AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

The Attorney General moved that the Bill be referred to the Standing Law Committee. The Colonial Secretary seconded.

Question--put and agreed to.

LIQUORS CONSOLIDATION BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to consolidate and amend the law relating to Intoxicating Liquors.

The Colonial Secretary seconded,

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee..

ADJOURNMENT.-The Council then adjourned until Thursday, the 16th March, 1911.

F. D. LUGARD,

Governor.

تم

Read and confirmed this 16th day of March, 1911.

R. H. CROFTON,

Clerk of Council an

No. 62.

　　　Resolution made by the Legislative Council this 16th day of March, 1911, under the provisions of Section 3 (1) of the Liquors Ordinance, 1909, (No. 27 of 1909).

LIQUOR DUTIES.

　　　Resolved that there shall be paid upon intoxicating liquors imported into, distilled, made or prepared in the Colony the duties following; namely:-

On all brandy and liqueurs,

On all whisky and gin,

On all rum and other spirituous liquors,

On all port, sherry and madeira,.

On all other still wines in bottle,

... $4.20 per gallon.

$3.00 per gallon.

$1.50 per gallon.

On all champagnes and other sparkling wines,

$3.00 per gallon.

$2.40 per gallon.

$1.50 per gallon.

$1.20 per gallon.

On all other intoxicating liquors excepting spirits of wine

and native wines and spirits,

30.24 per gallon.

On all spirits of wine and arrack,

$3.00 per gallon.

On all native wines and spirits:

On all other still wines in wood.

(a.) $0.30 cents a gallon on the native liquors known as Liu P'un and Sheung

Ching and on the following sweetened, prepared and medicated wines :---

No Mai Tsau, Hak No Mai, Mau Kan, Yuk Lan, Ning Mun Tsau, Tsing Mui, Muk Kwa, Sun Fung, Wu Tau, Shüt Li Tsau, Shan Kat, Lung San Tsau, Tei Kuk, Sam Pin, Tit Ta, Fung Shap and Wai Shang.

All such liquor shall contain not more than 25% of alcohol by weight. (b.) $0.40 cents a gallon on the native liquor known as Sam Ching, contain-

ing not more than 35% of alcohol by weight.

(c.) $0.50 cents a gallon on the native liquor known as Fa Tsau and on the

following sweetened, prepared or medicated wines :---

Ng Ka Pei, Mui Kwai Lo, Sz Kwok Kung, Fu Kwat Muk Kwa, Yan

Chan Lo, and Ko Leung Kon.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

The Attorney General moved that the Bill be referred to the Standing Law Committee. The Colonial Secretary seconded.

Question--put and agreed to.

The Colonial Secretary seconded,

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee..

ADJOURNMENT.-The Council then adjourned until Thursday, the 16th March, 1911.

F. D. LUGARD,

Governor.

تم

Read and confirmed this 16th day of March, 1911.

R. H. CROFTON,

Clerk of Council an

No. 62.

　　　Resolution made by the Legislative Council this 16th day of March, 1911, under the provisions of Section 3 (1) of the Liquors Ordinance, 1909, (No. 27 of 1909).

LIQUOR DUTIES.

　　　Resolved that there shall be paid upon intoxicating liquors imported into, distilled, made or prepared in the Colony the duties following; namely:-

On all brandy and liqueurs,

On all whisky and gin,

On all rum and other spirituous liquors,

On all port, sherry and madeira,.

On all other still wines in bottle,

... $4.20 per gallon.

$3.00 per gallon.

$1.50 per gallon.

On all champagnes and other sparkling wines,

$3.00 per gallon.

$2.40 per gallon.

$1.50 per gallon.

$1.20 per gallon.

On all other intoxicating liquors excepting spirits of wine

and native wines and spirits,

30.24 per gallon.

On all spirits of wine and arrack,

$3.00 per gallon.

On all native wines and spirits:

On all other still wines in wood.

(a.) $0.30 cents a gallon on the native liquors known as Liu P'un and Sheung

Ching and on the following sweetened, prepared and medicated wines :---

No Mai Tsau, Hak No Mai, Mau Kan, Yuk Lan, Ning Mun Tsau, Tsing Mui, Muk Kwa, Sun Fung, Wu Tau, Shüt Li Tsau, Shan Kat, Lung San Tsau, Tei Kuk, Sam Pin, Tit Ta, Fung Shap and Wai Shang.

All such liquor shall contain not more than 25% of alcohol by weight. (b.) $0.40 cents a gallon on the native liquor known as Sam Ching, contain-

ing not more than 35% of alcohol by weight.

(c.) $0.50 cents a gallon on the native liquor known as Fa Tsau and on the

following sweetened, prepared or medicated wines :---

Ng Ka Pei, Mui Kwai Lo, Sz Kwok Kung, Fu Kwat Muk Kwa, Yan

Chan Lo, and Ko Leung Kon.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

All such liquor shall contain not more than 45% of alcohol by weight. (4.) $0.70 cents a gallon on the native liquor known as Fan Tsau, if containing 50% or under of alcohol by weight, with the addition of two cents for every one per centum between 50% and 55% of alcohol by weight. (c.) $1.00 a gallon with the addition of eight cents for every one per centum above 55% of alcohol by weight on any native liquor containing above 55% of alcohol by weight.

(7.) $0.05 cents per gallon on all native liquor distilled in the New Territories,

not including New Kowloon and the Island of Cheung Chau, for consump tion in the said Territories.

Further resolved that-

(1.) On native wines and spirits declared or labelled as belonging to any of the above divisions the appropriate duty therein laid down shall be paid except that on any native liquor however declared or labelled found by the Govern- ment Analyst or such person as the Governor may from time to time appoint in that behalf to contain more alcohol than is permitted in the division to which it is declared or labelled as belonging there shall be paid the appropriate duty of the division in which the amount of alcohol found has placed it each division in such case shall represent native liquor of the limit of strength in alcohol therein stated and irrespective of any definition or description of such liquor, and on any native wines and spirits not declared or labelled as belonging to any division there shall be paid the duty approprite to the division in which the amount of alcohol found by the Government Analyst or such person as the Governor may from time to time appoint on that behalf has placed it.

(2.) Stills in the New Territories (not including New Kowloon and the Island of Cheung Chau) shall be prohibited from sending liquor produced in these stills to Hongkong or to New Kowloon: provided that any licensee of a distillery who desires to send such liquer to Hongkong or New Kowloon may be granted a permit to do so, upon payment of the duties charged in Hongkong or New Kowloon.

(3.) On intoxicating liquors, other than spirits of wine, arrack and native wines and spirits, imported into, distilled, made or prepared in the Colony above proof strength there shall be paid an additional duty of 4 cents for every degree above proof in the case of brandy, 3 cents for ev ry degree above proof in the case of whisky, and 2 cents for every degree above proof in the case of any other liquor.

　　　The Resolution made by the Legislative Council under the provisions of Section 3 (1) of the Liquors Ordinance, 1999, on the 2nd day of December, 1909, (published in the Government Gazette of the 3rd day of December, 1909, Government Notification No. 769), is hereby cancelled.

COUNCIL CHAMBER,

R. H. CROFTON,

Clerk of Councils.

16th March, 1911.

　　　No. 63.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 4 of 1911.-An Ordinance to prohibit the use of Dynamite or other Explosives for the purpose of catching or des- troying Fish.

Ordinance No. 5 of 1911.-An Ordinance to amend the Police Force Ordinance,

1900.

Ordinance No. 6 of 1911.-An Ordinance to amend the Harbour of Refuge Ordin-

ance, 1909.

Ordinance No. 7 of 1911.-An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

(7.) $0.05 cents per gallon on all native liquor distilled in the New Territories,

not including New Kowloon and the Island of Cheung Chau, for consump tion in the said Territories.

Further resolved that-

COUNCIL CHAMBER,

R. H. CROFTON,

Clerk of Councils.

16th March, 1911.

　　　No. 63.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 4 of 1911.-An Ordinance to prohibit the use of Dynamite or other Explosives for the purpose of catching or des- troying Fish.

Ordinance No. 5 of 1911.-An Ordinance to amend the Police Force Ordinance,

1900.

Ordinance No. 6 of 1911.-An Ordinance to amend the Harbour of Refuge Ordin-

ance, 1909.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

HONGKONG.

No. 4 OF 1911.

An Ordinance to prohibit the use of Dynamite

or other Explosives for the purpose of catch- ing or destroying Fish.

F. D. LUGARD,

Governor.

[17th March, 1911.]

Short title.

Prohibition

of the use of dynamite in Colonial

waters.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Fisheries (Dynamite) Ordinance, 1911".

2. Any person who uses dynamite or other explosive substance to catch or destroy fish in the Colonial waters shall be liable on summary conviction either to a fine not exceeding two hundred dollars, or, in the discretion of the Court, to be imprisoned, with or without hard labour, for a term not exceeding two months.

Passed the Legislative Council of Hongkong, this 16th day of March, 1911.

R. II. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of March, 1911.

C. CLEMENTI,

Colonial Secretary,

HONGKONG.

No. 5 of 1911.

An Ordinance to amend the Police Force Or-

dinance, 1900.

F. D. LUGARD,

Governor.

[17th March, 1911.]

Short title and con- struction.

Amends sub-section (1) of section 22 of the

Principal Ordinance.

Amends sub-section

(1) of section 23 of the

Principal

Ordinance.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Police Force Amendment Ordinance, 1911", and it shall be read and construed as one with the Police Force Ordinance, 1900, hereinafter called the Principal Ordinance.

2. Section 22 sub-section (1) of the Principal Ordinance is hereby amended by-

(a.) the addition after the figures "19" in the fifth line thereof of the words ", or reach of disci- pline, or insubordination "

(b.) the deletion of the words "and, in default of payment thereof," in the eleventh line thereof and by the substitution of the word "or".

3. Section 23 sub-section (1) of the Principal Ordinance is hereby amended by-

(a.) the addition of the words "sergeant or after

the word "any" in the second line thereof; (b.) the deletion of all the words after the word

"dollars in the fourth line thereof.

Passed the Legislative Conueil of Hongkong, this 16th day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excelleney the Governor, the 17th

day of March, 1911.

C. CLEMENTI,

Colonial Scerctury.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

HONGKONG.

No. 6 of 1911.

An Ordinance to and the Harbour of Refug

Ordinance, 1969.

F. D. LUGARD,

Governor.

[17th March, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1 This Ordinance may be cited as The Harbour of Short title Refuge Amendment Ordinance, 1911," and shall be read and con- and construed as one with the Harbour of Refuge Ordin- struction. ance, 1909, hereinafter called the Principal Ordinance.

2. Sub-section (1) of section 12 of the Principal Ordiu- ance is hereby amended as follows :-

Amends sub- section (1)

of section 12 of the Prin-

By the deletion of the word "absolute" in line 16

thereof and by the addition at the end thereof cipal Ordin- of the following words :-

"and the Director of Public Works shall notify any such claimant in writing of the amount or Crown Lease so awarded".

ance.

Repeals sub- sections 2, 3

and 4 of sec- tion 12 of

3. Sub-sections 2, 3 and 4 of section 12 of the Principal Ordinance are hereby repealed and the following sub-sec- tions are substituted therefor :-

"(2.) The Governor may instead of awarding auy the Prin-

compensation under this section enter into an cipal Ordin- agreement with any claimant for the compro- mise or settlement of any claim as the Gov- ernor may think fit.

(3.) Whenever any claimant shall be dissatisfied with the compensation awarded by the Gov- ernor under this section such claimant may with- in four weeks from the date of such notification as aforesaid notify the Director of Public Works in writing accordingly, and the Governor shall refer such claim with the particulars thereof to one of the Judges of the Supreme Court. 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 solicitors on behalf of the Crown and the claimant and such Judge shall deter- mine the amount of compensation, if any, to be paid to any such claimant for any such injurious affecting as is described in sub-section (1) of this section and may award costs in his discre- tion either for or against the Crown or for or against any parties claiming compensation, such costs in case of difference to be settled by the Registrar of the Supreme Court.

(4.) No appeal shall lie from any award or decision of a Judge of the Supreme Court under this section."

ance.

4. The following section is hereby added to the Princi- Adds a new pal Ordinance and shall be read at the end thereof :-

claim

13. For the purposes of the hearing of any

for compensation such Judge of the Supreme Court shall have powers similar to those vested in the Supreme Court on the occasion of any action in respect of the following matters, namely:-

(a) enforcing the attendance of witnesses and examining them upon oath, affirmation or or otherwise;

(b) compelling the production of docu-

ments;

section to the Principal Ordinance.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

and

(e) punishing persons guilty of contempt: (d) ordering inspection of any premises;

(e) entering upon and viewing of any per- mises.

Passed the Legislative Council of Hongkong, this 16th day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th

day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

HONGKONG.

No. 7 of 1911.

An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes.

F. D. LUGARD, Governor,

[17th March, 1911.]

Short title.

Amendment

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Criminal Law Amendment Ordinance, 1911.

2. The following provisions are added to the Offences of Ordinance against the Person Ordinauce, 1865, and shall be num- No. 2 of 1865. bered sub-sections (1), (2), (3) and (4) respectively of a new

section numbered 30A :--

Placing wood etc. on

a railway with intent to endanger passengers.

Casting stone etc. upon a rail- way carriage with intent to endanger the safety of any person therein.

"30A.-(1.) Every person who unlawfully and mali- ciously puts or throws upon or across any rail- way any wood, stone, or other matter or thing, or unlawfully and maliciously takes up, re- moves, or displaces any rail, sleeper, or other matter or thing belonging to any railway, or unlawfully and maliciously turns, moves, or diverts any points or other machinery belonging to any railway, or unlawfully and maliciously makes or shows, hides or removes, any signal or light upon or near to any railway, or unlaw- fully and maliciously does or causes to be done any other matter or thing, with intent, in any of the cases aforesaid, to endanger the safety of any person travelling or being upon such milway, shall be guilty of felony, and shall be liable to imprisonment with or without hard la- bour for any term not exceeding fourteen years, and, if a male under the age of sixteen years, with or without whipping.

(2.) Every person who unlawfully and maliciously throws, or causes to fall or strike, at, against, into, or upon any engine, tender, carriage, or truck used upon any railway, any wood, stone, or other matter or thing, with intent to injure or endanger the safety of any person being in or upon such engine, tender, carriage, or truck, or in or upon any other engine, tender, carri- age, or truck of any train of which such first- mentioned engine, tender, carriage, or truck shall form part, shall be guilty of felony and shall be liable to imprisonment with or without hard labour for any term not exceeding fourteen years.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

anything to endanger persons.

(3.) Every person who, by any unlawful act, or by Doing or any wilful omission or neglect, cadangers or omitting causes to be endangered the safety of any person conveyed or being in or likely to be in or upon or near to a railway, or aids or assists therein, shall be guilty of misdemeanor, and shall be liable to imprisonment with or without hard labour for any term not exceeding two years. (4.) For the purposes of this section, " railway" Meaning or

shall include " tramway ".

railway.

મ

No. 6 of

3.-(1.) Sections 3 and 4 of the Malicious Damage Amend- Amendment ment Ordinance. 1919, are added to the Malletons fumt e of Ordinanze Ordinance, 16, at phoni be pimo tied chicoriols (4) 1865 s and (2) respectively of a new ection numbered 27a.

(2.) Section 2 of the said Ordinance is repealed, and in Hieu thereof the following shall be added as sub-section (3) of the aforesaid new section 27A :-

"(3.) For the purposes of this section "

shall include " tramway

railway

Passed the Legislative Council of Hongkong, this 16th day of March, 1911.

amended by Crdinance

No. 10 of 1910.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 64. It is hereby notified that the Government is prepared to lease certain areas on the Railway Reclamation and elsewhere in the Tsim-sha-tsui peninsula anl that applica- tions should be sent to this Office where a plan showing the areas may be seen.

　　No. 65. It is hereby notified that the following Military Hospital Assistants trained in Western Medical Science are authorized to grant death certificates:---

Rank and Name.

Remarks.

1st Class Senior Military Sub-Assistant Surgeon DESRAJ TEWARI,

I.S.M.D.,

3rd Class Military Sub-Assistant Surgeon SAWAN SINGH, I.S.M.D.,

Allowed private practice.

- 17th March, 1911.

C. CLEMENTI,

Colonial Secretary.

REGISTRAR GENERAL'S DEPARTMENT.

　　No. 66. Chinese are hereby warned of the risk they run in proceeding to Great Britain in search of work. Only those should go who have posts already secured for them, or have the means to pay their passage back if unsuccessful in obtaining employment, other- wise they are liable to find themselves left destitute in Great Britain.

A. W. BREWIN,

17th March, 1911.

Registrar General.

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

anything to endanger persons.

shall include " tramway ".

railway.

મ

No. 6 of

(2.) Section 2 of the said Ordinance is repealed, and in Hieu thereof the following shall be added as sub-section (3) of the aforesaid new section 27A :-

"(3.) For the purposes of this section "

shall include " tramway

railway

Passed the Legislative Council of Hongkong, this 16th day of March, 1911.

amended by Crdinance

No. 10 of 1910.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　No. 65. It is hereby notified that the following Military Hospital Assistants trained in Western Medical Science are authorized to grant death certificates:---

Rank and Name.

Remarks.

1st Class Senior Military Sub-Assistant Surgeon DESRAJ TEWARI,

I.S.M.D.,

3rd Class Military Sub-Assistant Surgeon SAWAN SINGH, I.S.M.D.,

Allowed private practice.

- 17th March, 1911.

C. CLEMENTI,

Colonial Secretary.

REGISTRAR GENERAL'S DEPARTMENT.

A. W. BREWIN,

17th March, 1911.

Registrar General.

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 17, 1911.

SUPREME COURT.

No. 67. It is hereby notified that the names of the following Companies have been struck off the Register :-

1. The Philippine Laud Investment Co., Ltd.

2. The Merbuk Rubber Co., Ltd.

3. The S.S. "Canton" Steamship Co., Ltd.

15th March, 1911.

G. H. WAKEMAN,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 68. It is hereby notified that the following Letters Patent have been granted:-

Number.

Date of

Grant.

Name of Grantee.

Address of Grantee.

Description of Invention,

No. 3 of 1911.

13th March, 1911.

Oscar James Seehausen.

No. 4 of 1911.

13th March, 1911.

John Blum.

13th March, 1911.

No. 930 North Halsted Avenue, Chicago, in the County of Cook, State of Illinois, United States of America.

7, Rue St. Boniface, Brus- sels, in the Kingdom of Belgium.

An invention for improvements in and relating to generators for hydrocarton lighting systems.

An invention for improvements in and relating to the manufacture of artificial Para rubber.

A. G. M. FLETCHER,

Registrar of Trade Marks.

;

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 69.

CIRCULAR.

DOWNING STREET,

14th February, 1911.

SIR,--I have the honour to inform you that it is the wish of His Majesty the King that his Birthday should be officially celebrated in His dominions beyond the seas on the actual date of the Anniversary, viz.:-3rd June.

I have, &c.,

The Officer Administering the Government of

HONGKONG.

No. 70.

CIRCULAR.

L. HARCOURT.

DOWNING STREET,

15th February, 1911.

SIR,I have the honour to inform you that the King has approved of clause 1 of Article 49 of the King's Regulations and Admiralty Instructions as to the firing of salutes on British Anniversaries being amended so as to run as follows :-

"49. The fixed dates for firing Salutes in celebration of British Anniversaries are as

follows, viz.:

(a.) The Anniversaries of the Birth, Accession, and Coronation of the reigning

Sovereign;

(b.) The Birthday of the Consort of the reigning Sovereign ;

(c.) The Birthday of the Queen Mother;

on which days a Royal Salute shall be fired at noon from all His Majesty's Ships in port, and from all the forts and batteries from which Triumph Salutes are usually fired."

2. I have already notified to you in my Circular despatch of the 14th instant His Majesty's wish that His Birthday should be officially celebrated on the actual date of the anniversary, viz., 3rd June.

I have, &c.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

No. 71.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 4.

THURSDAY, 16TH MARCII, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD Osborne.

Mr. HENRY KESWICK,

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 9th March, 1911, were read and confirmed.

NEW MEMBER.-Capt. Lross took the Oath and assumed his seat as a Member of the Council.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minute No. 20, and moved that it be referred to the Finance Committee :-

No. 20.-Miscellaneous Services, Quinine issued to children in

malarial districts,

The Colonial Treasurer seconded. Question-put and agreed to.

$200.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 9th March, 1911, and, moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

LIQUOR DUTIES.-The Colonial Secretary addressed the Council and with its permission moved the following Resolution:-

Resolution made by the Legislative Council this 16th day of March, 1911, under the provisions of Section 3 (1) of the Liquors Ordinance, 1909, (No. 27 of 1909).

Liquor Duties.

Resolved that there shall be paid upon intoxicating liquors imported into, distilled,

made or prepared in the Colony the duties following; namely:

On all brandy and liqueurs,

$4.20 per gallon.

On all whisky and gin,

$3.00 per gallon.

$1.50 per gallon.

On all champagnes and other sparkling wines,

$3.00 per gallon.

$2.40 per gallon.

On all rum and other spirituous liquors,

On all port, sherry and madeira,

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

On all other still wines in bottle, On all other still wines in wood,

On all other intoxicating liquors, excepting spirits

of wine and native wines and spirits,

On all spirits of wine and arrack, On all native wines and spirits

•

$1.50 per gallon. $1.20 per gallon.

$0 24 per gallon. $3.00 per gallon.

(a.) $0.30 cents a gallon on the native liquors known as Liu Pun and Sheung

Ching and on the following sweetened, prepared and medicated wines:

No Mai Tsau, Hak No Mai, Mau Kan, Yuk Lan, Ning Mun Tsau, Tsing Mui, Muk Kwa, Sun Fung, Wu Tau, Shüt Li Tsau, Shan Kat, Lung San Tsau, Tei Kuk, Sam Pin, Tit Ta, Fung Shap and Wai Shang.

All such liquor shall contain not more than 25% of alcohol by weight (b.) $0.40 cents a gallon on the native liquor known as Sam Ching, con-

taining not more than 35% of alcohol by weight.

(c.) $0.50 cents a gallon on the native liquor known as Fa Tsau and on the

following sweetened, prepared or medicated wines:-

Ng Ka Pei, Mui Kwai Lo, Sz Kwok Kung, Fu Kwat Muk Kwa,

Yan Chan Lo, and Ko Leung Kon.

All such liquor shall contain not more than 45% of alcohol by weight. (a.) $0.70 cents a gallon on the native liquor known as Fan Tsau, if con- taining 50% or under of alcohol by weight, with the addition of two cents for every one per centum between 50% and 55% of alcohol by weight. (e.) $1.00 a gallon with the addition of eight cents for every one per centum above 55% of alcohol by weight on any native liquor containing above 55% of alcohol by weight.

(f.) $0.05 cents per gallon on all native liquor distilled in the New Terri- tories, not including New Kowloon and the Island of Cheung Chau, for consumption in the said Territories.

Further resolved that :-

(1.) On native wines and spirits declared or labelled as belonging to any of

the above divisions the appropriate duty therein laid down shall be paid except that on any native liquor however declared or labelled found by the Government Analyst or such person as the Governor may from time to time appoint in that behalf to contain more alcohol than is permitted in the division to which it is declared or labelled as belonging there shall be paid the appropriate duty of the division in which the amount of alcohol found has placed it: each division in such case shall represent native liquor of the limit of strength in alcohol therein stated and ivre- spective of any definition or description of such liquor, and on any native wines and spirits not declared or labelled as belonging to any division there shall be paid the duty appropriate to the division in which the amount of alcohol found by the Government Analyst or such person as the Governor may from time to time appoint on that behalf has placed it.

(2.) Stills in the New Territories (not including New Kowloon and the Island of Cheung Chau) shall be prohibited from sending liquor pro- duced in these stills to Hongkong or to New Kowloon provided that any licensee of a distillery who desires to send such liquor to Hongkong or New Kowloon may be granted a permit to do so, upon payment of the duties charged in Hongkong or New Kowloon.

(3.) On intoxicating liquors, other than spirits of wine, arrack and native wines and spirits, imported into, distilled, made or prepared in the Colony above proof strength there shall be paid an additional duty of 4 cents for every degree above proof in the case of brandy, 3 cents for every degree above proof in the case of whisky, and 2 cents for every degree above proof in the case of any other liquor.

The Resolution made by the Legislative Council under the provisions of Section 3 (1) of the Liquors Ordinance, 1909, on the 2nd day of December, 1909, (published m the Government Gazette of the 3rd day of December, 1909, Government Notification No. 769), is hereby cancelled.

The Colonial Treasurer seconded.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

Various Members addressed the Council and on the Resolution being put to the Council it was declared carried, nine Members voting for and four-Mr. OSBORNE, Mr. HEWETT, Mr. WEI YUK and Dr. Ho KAI-against the Resolution.

NAVAL AND MILITARY LIQUOR REBATE.-His Excellency the General Officer Com- manding the Troops, pursuant to notice, addressed the Council and moved the following Resolution:

That the annual payment of an import allowance to the Naval and Military Authorities made permissive by Clause 44 (1) of the Liques Consolidation Ordinance, 1910, be continued for the year 1911-1912.

Mr. KESWICK addressed the Council and seconded.

Various Members addressed the Council and on the Resolution being put to the Council it was declared lost, eleven Members voting against and two-His Excellency the General Officer Commanding the Troops and Mr. KESWICK-for the Resolution.

PAWNBROKERS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to further amend the Pawnbrokers Ordinances, 1860 and 1902.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

FISHERIES (DYNAMITE) BILL.The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to prohibit the use of Dynamite or other Explosive for the purpose of catching or destroying Fish.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

----

Question put that this Bill do pass.

Bill passed.

INTERPRETATION BILL-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend and codify the law as to Com- mon Forms and as to the Interpretation of Terms used in Ordinances.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Attorney General moved that the Bill be referred to the Standing Law Committee. The Colonial Secretary seconded.

Question-put and agreed to.

POLICE FORCE AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Police Force Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary secouled.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

　　　　HARBOUR OF REFUGE AMENDMENT BILL.-The Attorney General addressed the Council and moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Harbour of Refuge Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

Bill passed.

pass.

CRIMINAL LAW AMENDMENT BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes, be resumed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

LIQUORS CONSOLIDATION BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to consolidate and amend the law relating to Intoxicating Liquors, be resumed.

The Colonial Secretary seconded. Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 23rd March, 1911.

Read and confirmed this 23rd day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 24, 1911.

　　　No. 72.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:--

Ordinance No. 8 of 1911.-An Ordinance to further amend the Pawnbrokers

Ordinances, 1860 and 1902.

HONGKONG.

No. 8 OF 1911.

An Ordinance to further amend the Pawnbrokers

Ordinances, 1860 and 1902.

F. D. LUGARD,

Governor.

[24th March, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :-

1. This Ordinance may be cited as "The Pawnbrokers Short title Amendment Ordinance, 1911"; and it shall be read and and construc- construed as one with the Pawnbrokers Ordinance, 1860, tion. hereinafter called "the Principal Ordinance" as amended

by the Pawnbrokers Amendment Ordinance, 1902, herein- after called "the Amending Ordinance".

2. In section 12 of the Principal Ordinance, instead of Amendment the words,

"if made within three months from the day of

making the loan

in the second and third lines thereof, there shall be read the words,

"if made within eight mouths, or in the case of goods pawned in any part of the New Territories other than New Kowloon if made within twelve months, from the day of making the loan".

of section 12 of Ordinance 1 of 1860.

3. Section 16 of the Principal Ordinance and section 6 of Repeal of the Amending Ordinance are hereby repealed and replaced section 16 by the following:-

of Ordinance 1 of 1860

and section

dinance No. 21 of

16. Subject to the provisions hereinbefore con-

tained, goods pawned as aforesaid shall, from 6 of Or- and after the expiration of the periods mentioned in section 12 if the same are unredeemed, be- 1902 and come the property of the lender or his repre- substitution. sentatives absolutely: Provided nevertheless therefor. that if at the expiration of such periods respect- ively the borrower is desirous of continuing the loan for a further period not exceeding the eight months, or the twelve months, referred to in section 12, as the case may be, he shall be at liberty to do so on paying the interest then due. In such case a new ticket shall be issued and a new entry made in the General Book."

4. The tariff of interest provided by section 4 of the Repeal of Amending Ordinance is hereby repealed and the following portion of tariff shall be substituted therefor:

First Sneceeding month. months.

section 4 of Ordinance No. 21 of 1902 and substitution therefor.

On any sum

not exceeding 1 dollar,................ excoeding 1 dollar, and not

exceeding 7 dollars...............

10%

exceeding 7 dollars, and not

ミミ

心心

2% 2

15%

ミミミ

exceeding 14 dollars, exceeding 14 dollars, and not exceeding 42 dollars, exceeding 42 dollars, and not exceeding 140 dol- lars,

exceeding 140 dollars,......

Passed the Legislative Council of Hongkong, this 23rd

day of March, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th

day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

No. 14.

SOIT

QUIM

Vol. LVII.

DIEU

"MON DROITU Ultr

The Hongkong Government Gazette.

Published by Authority.

FRIDAY, MARCH 31, 1911.

Notification No.

Page.

Notification No.

Page.

EXECUTIVE COUNCIL-

Importation of Dogs from Bangkok prohibited..

APPOINTMENTS, &C.- --- Continued.

Resignation by Lieut. J Johnstone of his Com- mission in the Scouts Company of the H.K.V.C.,

147

LEGISLATIVE COUNCIL-

Capt. G. E. Stewart, Shanghai Volunteer Corps.

attached to the H.K.V...

148

Ordinances passed and assented to:-

Liquors Consolidation,-No. 9 of 1911,

Mr. B. Brotherton Harker to be a Visiting

Justice to the Po Leung Kok.

148

University. No. 10 of 1911,..........

125

Ordinance not disallowed :-

NOTICES

Widows' and Orphans' Pension Amendment.

No. 1 of 1911,

147

Registry Offices in the New Territories for

Births and Peaths.

148

APPOINTMENTS, &C.-

Registration of Graves in the Southern District

of the New Territories,

148

Inspector D. Gouri by to be a Sanitary Inspector

for Shaukiwan,

147

List Masters, Mates and Engineers who obtained

Certificates of Competency, 1910,

148

The following Notifications are published.

By command.

c. CLEMENTI,

Colonial Secretary.

No. 73.

EXECUTIVE COUNCIL.

Regulation made by the Governor-in-Council under Section of the Dogs Ordinance, 1893. (Ordinance No. 5 of 1893), this 30th day of March, 1911.

No dog brought from Bangkok will be permitted to land in this Colony for a period of six months from this date.

COUNCIL CHAMBER,

30th March, 1911.

R. H. CROFTON,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

LEGISLATIVE

COUNCIL.

No. 74.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 9 of 1911.-An Ordinance to consolidate and amend the law relat-

ing to Intoxicating Liquors.

Ordinance No. 10 of 1911.-An Ordinance for the incorporation and regulation of

of the University of Hongkong.

HONGKONG.

No. 9 OF 1911.

An Ordinance to consolidate and amend the law

relating to Intoxicating Liquors.

F. D. LUGARD,

Governor.

[30th March, 1911.]

Short title.

Interpreta-

tion of

terms.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :-

1. This Ordinance may be cited as the Liquors Con- solidation Ordinance, 1911.

2. In this Ordinance :-

Proof spirit" means a mixture of alcohol and water having a specific gravity of 91984 at 60 degrees Fahrenheit, distilled water at the same temperature being taken as unity, and containing 49-24 per contum of alcohol by weight or 5706 per centum by

volume. Spirits are described AS so many degrees over proof" or "under proof" according to the quantity of distilled water which must be added or deducted from 100 volumes in order to produce spirit of proof strength.

دو

Intoxicating liquors include spirits, liqueurs, wines, beer, stout, porter, cider and perry and all other liquors fit or intended for use as a beverage containing more than two per centum of proof spirit, but shall not include denatured spirits. Beer" includes ale, porter, stout, cider, perry, spruce beer, black beer, and any other description of beer and shall be construed to extend to any liquor which is made or sold as a description of beer or as a substitute for beer, and which ou analysis of a sample thereof at any time shall be found to contain more than two per centum of proof spirit. "Denatured spirits" mean wines and spirits mixed with some substance in such manner as to render the mixture in the opinion of a Government Medical Officer or the Government Analyst unfit for use as a beverage,

Spirituous liquors " mean intoxicating liquors con- taining more than twenty per centum of pure alcohol by weight.

"Chinese wines and spirits" mean intoxicating liquors of Chinese production or commonly con- sumed by Chinese, including Samsim. "Native wines and spirits" mean intoxicating liquors

such as are commonly distilled made or prepared in any part of Asia for consumption by other than Europeans.

"Adulterated liquor" means any liquor mixed or coloured to the prejudice of the purchaser with any ingredient whatever or with water, either so as to increase its bulk and measure or so as injuriously to affect the quality of such liquor or to conceal its inferior quality, or any liquor which is not virtually of the nature and quality demanded by the purchaser or of the liquor which it is labelled as being or purporting to be, whether such adulterated liquor is injurious to health or not. Spirits shall not be considered adulterated if mixed with water only so as not to reduce the strength below twenty-five degrees under proof in the case of brandy, whisky, or rum, or below thirty degrees under proof in the case of gin.

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

• Duty means the duty from time to time payable

by law upon any intoxicating liquors.

"Dutiable liquors" mean intoxicating liquors and native wines and spirits on which the duty has not been paid.

Pint bottle" and "quart bottle" mean respectively the reputed pint and quart bottles ordinarily used

in commerce.

"Gallon" means the imperial gallon or six reputed quart bottles or twelve reputed pint bottles. In the case of Chinese wines and spirits seven and a half catties shall be deemed to be the equivalent of the imperial gallon.

Wholesale" means the sale of intoxicating liquors by the unopened cask, jar, or case, in quantities exceeding two gallons of one liquor at one time, such liquors not to be consumed on the premises. Retail sale or sale by retail" means the sale of liquors in quantities not exceeding two gallons at one time.

"Publican's licence" means a licence to keep ́an inn or public house for the retail sale therein, but not elsewhere, of intoxicating liquors other than Chinese wines and spirits.

"Hotel keeper's adjunct licence" " means a licence to hotel or boarding house keepers for the retail sale of intoxicating liquors for consumption on the promises,--

(a.) to persons residing at the time of sale on

the licensed premises:

(4) to persons other than such residents, only in the dining room and in conjunction with the regular meals of the establish- ment;

but does not authorise the keeping of a public bar. Restaurant adjunct licence" means a licence to restaurateurs for the retail sale, between such hours as the Governor-in-Council may from time

time prescribe, of intoxicating liquors for consumption on the premises and only in conjune- tion with a bona fide meal for which a charge of at least thirty cents can be reasonably made; but does not authorise the keeping of a bar. "Dealer's licence" means a licence to sell intoxicat- ing liquors (Chinese wines and spirits excepted) either wholesale or by the bottle, such liquors not to be consumed on the premises.

Chinese restaurant licence" means a licence to Chinese restaurateurs for the retail sale to persons of Chinese race only of intoxicating liquors in con- nection with a bona fide meal for which a charge of at least 30 cents can be reasonably made, such liquors to be consumed either on the premises or in conjunction with meals sent out, but not otherwise, and it does not authorise the keeping of a bar. Chinese wine and spirit shop licence" means a licence to sell Chinese wines and spirits by retail or wholesale, such liquors not to be consumed on the premises.

Earing-house licence" means a licence for the keeping of any eating-house, coffee house, or other similar house where no intoxicating liquors are sold on the premises.

Brewery licence" means a licence to sell beer not

to be consumed on the premises.

Public house" means any house or place of enter- tainment where intoxicating liquors are sold by retail and may be consumed on the premises, but does not include any place of entertainment kept under an adjunct licence or a Chinese restaurant licence.

King's warehouse means a warehouse or place of security appointed by the Governor-in-Council for the warehousing of dutiable liquors.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Prohibition

without

"Licensed warehouse" means a place licensed by the Superintendent with the approval of the Governor for the warehousing of dutiable liquors. "Import" with its grammatical variations and cognate expressions means to bring or canse to be brought into the Colony and the waters thereof either by land or sea.

Export with its grammatical variations and cognate expressions means to take or cause to be taken out of the Colony and the waters thereof by land or by sea.

"Ship" means any steam or sailing vessel, motor boat, junk, boat, sampan or any kind of craft used or adapted to be used either for the conveyance of persons or things by water or for occupation by persons or storage of things whether afloat or not. Superintendent " means the Superintendent of Imports and Exports.

· Revenue Officer" means any person appointed to act as Revenue Officer under the provisions of this Ordinance.

Native Revenne Officer " means any Revenue Officer

not of European race.

• Colony" includes the New Territories.

"The New Territories" mean the additional territories acquired under the Convention dated the 9th day of June, 1898, between Her Majesty Queen Victoria and His Majesty the Emperor of China for the enlargement of the limits of the Colony including the city of Kowloon.

New Kowloon" means that portion of the New Ter- ritories which is delineated and shewn upon a plan marked New Kowloon signed by the Director of Public Works and countersigned by the Governor and deposited in the Land Office of this Colony.

PART I. LICENCES.

Distillery Licences.

3.-(1.) No person shall make, distil, or rectify any of distilling spirits, or shall knowingly keep or have in his possession any still or other utensil or apparatus for making, distill- ing, or rectifying spirits, without a licence under this Ordinance.

licence and provision for issue of distilling licence.

First Schedule: Form No. 1.

Second Schedule.

Issue of free licence for apothecary, chemist, or druggist to have still of eight gallons capacity.

(2.) The Captain Superintendent of Police may issue distillery licences, in the Form No. 1 in the First Schedule to this Ordinance, on each of which licences the fee specified in the Second Schedule to this Ordinance shall be payable in advance.

(3.) Such conditions as the Governor-in-Council may from time to time determine may be added to such licences.

(4.) Every licensed distiller may sell the liquor which he distils, but only in quantities exceeding two gallons of one liquor at one time, and such liquor so sold must not be consumed on the premises.

(5.) Every holder of a distillery licence under this Ordinance or under the New Territories Regulation Or- dinance, 1910, shall permit the Superintendent or any Revenue Officer to enter the premises in which distillation is being carried on at any time during the process of such

distillation.

4. (1.) It shall be lawful for the Captain Superintend- ent of Police to issue a licence, free of all charge, to any apothecary, chemist or druggist applying for the same, to keep and use on his premises a still of not more than eight gallons capacity for the purpose of his trade only: Provided that every such person shall make a deposit of one thousand dollars or give a bond to the Captain Superin- tendent of Police, with two sufficient sureties, in that sum, that the still shall not exceed eight gallons capacity, and that he will not make use of such still, or suffer it to be

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

made use of, except for the preparation of medicines or other articles required bonâ fide for medical or scientific purposes.

(2.) Every such person found to have such still without having entered into such bond and obtained such licence shall be deemed to be guilty of an offence against this Ordinance.

5.-(1.) Every person who distils, makes, imports, sells, Distilling, disposes of, or deals in any adulterated liquor shall be &c. adulter- guilty of an offence against this Ordinance, and, if such ated liquor. adulterated liquor is proved to the satisfaction of a Magistrate to be injurious to health, he shall, on a second conviction, be liable to imprisonment, with or without hard labour, for any term not exceeding six mouths, besides any other penalties to which he may be liable under this Ordinance.

(2.) No person shall be convicted under this section if he shows, to the satisfaction of the Magistrate before whom he is charged, that he did not know that the liquor imported, sold, disposed of, or dealt in by him was adulterated, and that he could not have kuown it with any reasonable diligence.

▼

Sale of Intoxicating Liquors.

out licence.

6.--(1.) No person shall sell or dispose of, or advertise Prohibition or expose for sale, any intoxicating liquor, either by of sale of wholesale or retail, within the Colony, or shall permit or liquor with- suffer any such intoxicating liquor to be sold or disposed of, or advertised or exposed for sale, in his house or other place within the Colony, without the appropriate licence under this Ordinance.

(2.) The delivery of any intoxicating liquor shall be taken, in any proceeding under this Ordinance, to be primâ facie evidence of sale and that money or other consideration was given for the same.

(3.) No person shall for and on behalf of any other person or persons who are not licensed to deal in or sell intoxicating liquor within the Colony accept or receive orders for, or import on commission or act as agent for the import of any intoxicating liquor into the Colony in quantities exceeding two gallons at one time without an appropriate licence under this Ordinance under which the licensee is permitted to sell such liquor as a dealer.

and retail sale of liquor.

7. The holder of a Chinese wine and spirit shop licence Wholesale

also sell Chinese wines and spirits wholesale; but may person shall sell intoxicating liquors by retail without a licence to that effect, and this section shall apply to all retail sales of liquor to any person on pretence that he is a customer for other goods, as well as to all sales of quantities exceeding two gallons with an understanding that part is to be returned, and generally to any act whatever which, under whatever pretence, constitutes a retail sale of intoxi- cating liquor.

Temporary Licences.

8. The Colonial Treasurer may at any time issue to any Issue of holder of a publican's or adjunct licence a temporary temporary licence for the sale of liquors at any public entertainment licence. or on any public occasion, on payment of such fee, in each case, as to the Governor may seem fit.

Publican's, Restaurant Adjunct Licences and Hotel

Keeper's Adjunct Licences.

9.-1.) All applications for the granting or transfer of Application licences shall be made to a Board of Licensing Justices. for licences. Such Board shall consist of a Chairman and Vice-Chair- to be made

to Licensing

man appointed by the Governor and of five other Justices Board. two of whom shall be appointed by the Governor and three be elected by the Justices of the Peace from among their number. Of the four Justices appointed by the Gov- ernor two shall be official and two shall be un-official Jus- tices. The Members of the Board shall hold office for

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Mode of election of Licensing Justices.

Mode of deciding application.

Application for public- an's or ad- junet licence.

Decision of Licensing Board subject to appeal to Governor- in-Council.

Applications refused not

three years.

Five Justices shall be a quorum. The First Clerk in the Magistracy at Hongkong shall be ex-officio Secretary to the Board.

(2.) If any Licensing Justice appointed by the Governor shall die or be absent from the Colony or resign his seat the Governor may appoint another Justice to be a Member of the Board in the place of such Licensing Justice. Such Justice shall cease to be a Member of the Board if the absent Member in whose place he was appointed shall return to the Colony.

(3.) If an elected Justice shall die, or be absent from the Colony for a space of six months or resign his seat the vacancy shall be filled either substantively or ad interim, as the case may be, by election in the manner hereinafter provided.

10. The mode of election of the Licensing Justices not appointed by the Governor, the proceedings incident thereto, and other matters relating to the election of the said Licensing Justices, shall be governed by rules made. by the Governor-in-Council, who may from time to time add to, vary or revoke any of the said rules.

11. All questions arising at any meeting of the Board shall be determined by a majority of votes of the Justices present. In the case of an equality of votes the Chairman Shall have a second or casting vote.

12. Every person desirous of obtaining a publican's or an adjunct licence shall make application in writing to such Licensing Board in the Form No. 2 or the Form No. 3 in the First Schedule to this Ordinance according to the nature of the licence required. Such application shall state the name and address of the applicaut, his nationality, the period or periods, if any, during which he has pre- viously held a licence, and the address and the proposed name or sign of the premises in respect of which à licence is desired.

13. The said Licensing Board may refuse such appli- cation or they may accept it absolutely or subject to con- ditions. The applicant or twenty householders within a radius of quarter of a mile of the premises licensed or to be licensed shall be entitled to appeal to the Governor-in- Council with respect to any decision of such Board under this section.

14. In the event of the refusal of an application by the Licensing Board the applicant shall not be entitled to to be renew make another application in respect of the same premises within a period of twelve months from the original appli- cation.

ed within

twelve

months.

15. The said Licensing Board shall in every case at Advertise- ment of least one week previous to the acceptance of an applica- application. tion cause advertisement to be made in the Gazette and in one local newspaper at the expense of the applicant setting forth the name and address of the applicant and the proposed name or sign of the premises in respect of which a licence is desired.

Issue of

fees.

18. As soon as may be after the acceptance of an ap- licences and plication the said Licensing Board shall notify the Colo- nial Treasurer thereof: whereupon the Colonial Treasurer shall, upon payment of the fee specified in the Second Schedule to this Ordinance, issue to the applicant a licence in the Form No. 4, the Form No. 5 or Form No. 6 in the First Schedule to this Ordinance according to the nature of the licence applied for.

Duration of licence.

17. Every publican's or adjunct licence shall be valid only until the thirtieth day of November next following the date on which it is granted: Provided always that where this period is less than a year, a proportionate part only of the aforesaid fee shall be charged, to which (except in the case of the transfer of a licence) ten per cent. shall be added.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Transfer of Publican's and Adjunct Licences.

18. The said Licensing Board may, in their discretion Transfer of and subject to payment of the fee specified in the licence. Second Schedule to this Ordinance, direct the transfer, in respect of the same premises, of any publican's or adjunct licence to the nominee of the original holder of such licence, such nominee making a like application as if applying for a licence on his own behalf. A note of such transfer shall be endorsed by the Colonial Treasurer upon the licence. The applicant or twenty householders within a radius of quarter of a mile of the premises licensed or to be licensed shall be entitled to appeal to the Governor-in- Council with respect to any decision of such Board under this section.

Death or Insolvency of Licensee.

of licensee.

19. In case of the death or insolvency of any person Provision for holding a publican's or an adjunct licence under this case of death Ordinance, the executor or administrator or trustee of such or insolvency licensee may carry on the business of such licensed house until the expiration of the licence, subject in every respect to the same regulations as the original licensee.

Removal of Business.

20. The said Licensing Board may refuse to allow Removal of the business licensed under a publican's licence or an ad- business. junct licence to be removed to other premises or they may permit such removal subject to the payment of the fee specified in the Second Schedule to this Ordinance. A note of the grant of such permission shall be endorsed by the Colonial Treasurer on the licence. The applicant or twenty householders within a radius of quarter of a mile of the premises to which the applicant desires to transfer shall be entitled to appeal to the Governor-in-Council with respect to any decision of such Board under this section.

Regulation of Business.

21. Every licensed publican or adjunct licensee shall Affixing of have his full name painted in legible letters at least three sign by uches long, with the words "Licensed to retail intoxica- licensee, &c. ting liquors" constantly and permanently remaining, and plainly to be seen and read, on some conspicuous part of his house; and no person not actually holding a publi- can's licence or adjunct licence (except the keeper of a Chinese wine and spirit shop or the holder of a Chinese restaurant licence as hereinafter provided) shall keep up any sign, writing, painting, or other mark which may imply or give reasonable cause to believe that his premises are licensed for retail or barter of intoxicating liquors or that such liquors are sold, served, or retailed therein.

22.-(1.) The business of every licensed publican or Conditions adjunct licensee shall be carried on subject to the follow-relating to ing conditions:-

(a.) No liquor shall be sold or drunk upon any li-, censed premises except between the hours of eight o'clock in the morning and twelve. o'clock midnight. Provided that the Gov- ernor-in-Council may by Order from time to time alter such hours as aforesaid ;

(6.) No disorder shall be permitted on the pre-

mises;

(c.) No person shall be allowed to become drunk on the premises, nor shall liquor be supplied to any person who is drunk;

(2.) No game of chance shall be played on the

premises;

(e.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers ; (f) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof;

business.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Restriction

of right of action for liquor sold.

Prohibition of taking pledge for liquor.

Measures or weights for sale of liquor.

Power to search suspected premises.

Drinking in unlicensed place.

Prohibition

of payment of journey. men, etc., at place

(g.) The licensee shall not employ any person to

sell or dispose of any liquors outside of his licensed premises, nor shall he allow or suffer any liquors to be so disposed of on his account; (2.) In the case of the business of every licensed pub- lican the following conditions shall also apply:-

(4.) The licensee excepted, no woman whether be- longing to the licensee's family or not, shall be permitted to serve or act in any capacity in the bar-room,or in any room directly opening out of the bar-room.

(4.) The standard of quality of spirits as fixed by the Governor-in-Council shall be declared on

the label of each bottle.

It shall be lawful for the Governor-in-Council from time to time to add to, alter, amend or repeal the regula- tions contained in this section.

23. No licensed publican or adjunct licensee shall maintain any action for, or recover any debt or demand on account of, intoxicating liquor, unless such debt has bonâ fide been contracted at one time to the amount of five dollars or upwards, nor shall any item in any account for such liquor be allowed where the liquor bonâ fide delivered at one time does not amount to the full sum of five dollars, nor shall any claim be allowed against any seaman soldier in His Majesty's Service for debt for intoxicating liquor supplied: Provided always that nothing herein contained shall extend to prevent any innkeeper from keeping an account with a lodger in which any charge for liquors may be included, and recovering the amount thereof in a Court of Justice.

General Provisions.

24. No person licensed under this Ordinance shall take or receive in payment or pledge for liquor or any enter- tainment whatever supplied in or out of his house any article or thing whatever, except money.

25. Every person licensed under this Ordinance shall sell and dispose of his liquors by the measures or weights- legalized in this Colony and not otherwise, except when the quantity is less than half a pint or except when the liquor is sold in bottles, and shall also measure or weigh such liquors in the presence of any customer who may require him to do so.

28. If any person is convicted of unlawfully retailing any intoxicating liquor, the house and premises of such person and the house, lodging, shop, or warehouse where such offence has been committed, and any court or yard connected therewith shall be liable to be searched, at any time of the day or night, by any Police officer, with or without a warrant, for six months next after such convic- tion, provided that the same or any part thereof is then occupied by the person so convicted.

27. Whenever any Police officer finds aby person drinking in any place in which any intoxicating liquor is sold or disposed of by retail, and the licence for such sale is not, on demand, produced to such Police officer, it shall be lawful for such Police officer to apprehend all such persons so found drinking there; and every such person so found drinking shall, if such place is in fact unlicensed, forfeit and pay, on summary conviction, for every such offence a sum not exceeding twenty dollars, unless such person informs against such unlicensed person or volun- tarily becomes a witness against him, in respect of such act of selling and retailing.

28. No master or other person employing journeymen, workmen, servants, or labourers, and not being the licensed keeper of a house in which any intoxicating liquor is sold or disposed of by retail, shall pay or cause any where liquor payment to be made to any such journeyman,

servant, or labourer in or at any such house.

s sold.

workman.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

29.-(1.) Every person licensed under this Ordinance General shall produce his licence to any Police officer, on being re- powers of quired to do so.

(2.) Any European officer of Police shall have free access to every part of any house licensed under any of the Sections 16, 33 and 34 at any hour of the night or day.

Dealers' Licences.

Police.

30.-(1.) Every person desirous of obtaining a dealer's Issue of licence to sell intoxicating liquors shall apply to the Colonial dealers' Treasurer, who may, in his discretion, grant to the applicant licences. a licence in the Form No. 7 in the First Schedule to this First Ordinance, upon payment of the appropriate fee specified Schedule: in the Second Schedule to this Ordinance.

(2.) Such licence may be renewed annually on like conditions.

Form No. 7.

31.-(J.) It shall be lawful for the Governor-in-Council

　　　　　　　　　　　　　　　　　　　　　　　　　Making of from time to time to make, alter, amend, and repeal regula- regulations tions and conditions for the granting of a dealer's licence.

(2.) Such regulations or conditions may require the pro- viding by applicants of one or more sureties, may alter the scale of fees, and may regulate the times of commencement and expiry of such licences, the hours and conditions of sale, and all other matters connected with such licences.

(83.) All such regulations shall be published in the Gazette in English and in Chinese.

Chinese Wine and Spirit Shop Licences.

and condi- tions.

32(1.) The Captain Superintendent of Police may Issue and grant a licence, in the Form No. 8 in the First Schedule to transfer of this Ordinance, to any person to sell Chinese wines and Chinese spirits, by retail and wholesale, such Chinese wines and spirits not to be consumed on the premises where they are sold.

(2.) The holder of any such licence shall exhibit con- spicuously and permanently in front of his licensed place of business, his name and the number and the nature of such licence, on a sign, the size and design of which shall be approved by the Captain Superintendent of Police.

(3.) The fee for such licence shall be that specified in the Second Schedule to this Ordinance, and shall be paid to the Colonial Treasurer.

wine and

spirit shop licence.

First Schedule: Form No. S.

(4.) The Captian Superintendent of Police may permit First the transfer of any such licence, in the Form No. 9 in the Schedule: First Schedule to this Ordinance.

Chinese Restaurant Licences.

Form No. 9.

33.-(1.) Application for Chinese restaurant licences Applications shall be made to the Registrar General.

for hinese restaurant licences.

(2.) The Registrar General, after referring such applica- First tions to the Captain Superintendent of Police, may with Schedule: the concurrence of the Captain Superintendent of Police, Form No. 10. grant a licence, in the Form No. 10 in the First Schedule

to this Ordinance.

(3.) The fee for such licence shall be according to the Second scale set forth in the Second Schedule to this Ordinance, Schedule. and shall be paid to the Colonial Treasurer before the issue of the licence.

(4.) The holder of such licence shall exhibit con- spicuously and permanently in front of his licensed place of business, his name and the number and nature of such licence, on a sign, the size and design of which shall be approved by the Captain Superintendent of Police.

(5.) Sub-section (1) (a), .(b), (e), (e) and (ƒ) of Section 2 shall apply to the business carried on under a Chinese restaurant licence. Provided that the Governor- in-Council may from time to time add to, alter, amend or repeal regulations or conditions on the granting of a Chinese restaurant licence.

;

100

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

First Schedule:

(6.) In case of the death or insolvency of any holder of a Chinese restaurant licence, the executor or administrator or trustee (as the case may be) of such licensee may carry on the business until the expiration of the then current licence, subject to all the same regulations as the original

licensee.

(7.) The Registrar General may, in his discretion, perunt the transfer of any such licence, in the Form No. 11 Form No. 1. in the First Schedule to this Ordinance.

Eating- houses. First

Licences for Eating-houses.

34. -(1.) Eating-house licences shall be granted by the Colonial Treasurer in the Form No. 12 in the First Schedule to this Ordinance upon payment of the fee Form No. 12. Specified in the Second Schedule to this Ordinance.

Schedule:

Second Schedule.

Prohibition

(2.) Such conditions as the Governor-in-Council may determine may be added to any licence granted under this section, and no intoxicationg liquor shall be sold or opium smoked on such premises.

(3.) The Colonial Treasurer may, in his discretion, permit the transfer of such licence, and such transfer shall be by the indorsement of the Colonial Treasurer.

35.-No person licensed under the last preceding sec- of disorderly tion shall knowingly or wilfully permit disorderly conduct. conduct in in his licensed premises, or knowingly suffer any unlawful eating-house. game or gaming therein, or knowingly permit or suffer any prostitute to frequent such licensed premises or to

licensed

Brewery licences.

Saving as to sale of liquor by licensed auctioneer.

Legislative Council empowered

to alter all licence fees.

Governor-in- Council empowered to create

new forms of licence.

remain therein.

Brewery Licences,

36.-(1.) The Governor-in-Council may from time to time make, alter, amend, and repeal regulations and con- ditions for the grant of brewery licences and beer sold under such licences shall not be consumed on the premises.

(2.) Such regulations or conditions may prescribe a scale of fees in respect of such licences and may regulate the times and commencement and expiry of such licences, the conditions of sale and all other matters connected with such licences.

(3.) All such regulations shall be published in the Gazette in English and in Chinese.

Sale of Liquor by Licensed Auctioners,

37. Nothing in this Ordinance shall render it illegal for an auctioneer, holding an auctioneer's licence, to sell intoxicating liquor by auction, without any licence under this Ordinance, upon his own premises for a principal holding an appropriate liquor licence, or upon premises in in respect of which his principal holds an appropriate licence authorizing such principal to sell such intoxicating liquor, or in cases where such liquor is the property of the Imperial or Local Government, or forms part of the estate of a bankrupt or deceased person, or is sold by order of Court, or where, in any particular case, on application made, the Colonial Secretary grants permission for such sale by auction, whether upon licensed premises or else- where.

Alteration of Licence Fees.

38. The Legislative Council by resolution may from time to time alter or amend any of the fees prescribed under this Ordinance in respect of all or any of the licences therein mentioned and may at any time substitute in whole or in part a schedule of fees for that contained in the Second Schedule to this Ordinance.

Special Forms of Licence.

39. In addition to the sundry forms of licences authorised by this Ordinance and notwithstanding anything herein contained it shall be lawful for the Governor-in-Council at any time hereafter to grant any similar licences in such form and subject to such terms and conditions in all respects as he may determine and subject to the payment of such fees as may be prescribed in such licences.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

101

Power to transfer Duties,

40. It shall be lawful for the Governor-in-Council by Provision for notification to be published in the Gazette from time to transfer of time to appoint such officer os he may think fit to exercise duties, all or any of the duties in connection with the issue of licences which are under this Ordinance vested in the Colonial Treasurer, the Captain Superintendent of Police, the Registrar General or other officer of the Government.

PART II--DUTIES,

Duties,

41.-(1.) It shall be lawful for the Legislative Council Duties. from time to time by Resolution to assess the duties to be

paid upon intoxicating liquors imported into, distilled, made or prepared in the Colony and at any time by Reso- lution to alter or amend all or any of such duties.

Provided always that all duties heretofore assessed upon intoxicating liquors by the Legislative Council under the authority of any Ordinance repealed by this Ordinance shall be, unless or until the same are assessed, altered or amended under this section, as valid and binding as though such Ordinance had not been repealed.

(2.) The duty upon intoxicating liquors imported by sea shall be payable:--

(a.) if such liquors are not forthwith in accordance with the provisions of this Ordinance removed into a King's or licensed warehouse or into another ship

before the removal of them from the ship in which they are imported;

(b.) if such liquors are forthwith removed into a

King's or licensed warehouse

before the removal of them from sneh King's or licensed warehouse, unless such removal is for export or into another King's or licensed warehouse.

(3.) The duty upon intoxicating liquors distilled made or prepared in the Colony shall be payable before the removal of such liquors from the factory or place in which they are distilled made or prepared unless such removal is for export or into a King's warehouse or licensed ware- house.

amount of duty to be

price.

added to

42. When any written contract for the sale of intoxicat- When con- ing liquors entered into before the 17th September, 1909, tracts have contains no reference to the payment of customs duties the been entered

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　into before seller shall be deemed to have duly carried out his part of

17th Septem- the contract upon his giving to the purchaser the necessary ber, 1909, facilities to enable the purchaser to obtain a permit for the removal of the liquors under the provisions of Sections 46, 47, 49 or 60 of this Ordinance; and the purchaser shall pay the duty (if any) payable in respect of such liquors and also any additional charges for landing, storing, or denaturing such liquors occasioned by the operation of this Ordinance and not provided for in the contract, and if any of such additional charges are paid by the seller in the first instance the amount so paid may be added to the contract price for the liquors, and be recovered by the seller from the purchaser as if the same formed part of the contract price.

43.-(1.) Where any new duty is hereafter imposed, or Provision where any duty is hereafter increased, and any goods in for contracts respect of which the duty is payable are delivered after the for sale

of goods day on which the new or increased duty takes effect in duty paid pursuance of a contract made before that day, the seller of when duties the goods may, in the absence of agreement to the contrary, altered or recover, as an addition to the contract price, a sum equal repealed. to any amount paid by him in respect of the goods on account of the new duty or the increase of duty, as the case may be.

102

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Restrictions

on import

and export.

Shipmaster

(2.) Where any duty is hereafter repealed or decreased, and any goods affected by the duty are delivered after the day on which the duty ceases or the decrease in the duty takes effect in pursuance of a contract made before that day, the purchaser of the goods, in the absence of agreement to the contrary, may, if the seller of the goods has had in respect of those goods the benefit of the repeal or decrease of the duty, deduct from the contract price a sum equal to the amount of the duty or decrease of duty, as the case may be.

(3.) Where any addition to or deduction from the con- tract price may be made under this section on account of any new or repealed duty, such sum as may be agreed upon or in default of agreement determined by the Superintend ent as representing in the case of a new duty any new expenses incurred, and in the case of a repealed duty any expenses saved, may be included in the addition to or deduction from the contract price, and may be recovered or deducted accordingly.

(4.) This section applies although the goods have under- gone a process of manufacture or preparation, or have become a part or ingredient of other goods.

Import and Export of Intoxicating Liquors.

44.-(1.) No person shall import or export dutiable liquors or denatured spirits except into or from such ports or places as may be specified by the Governor and notified in the Gazette.

(2.) No person shall import or export dutiable liquors or denatured spirits by land except under and in accordance with such regulations and restrictions as may from time to time be prescribed by the Governor-in-Council under this Ordinance.

45. No master of any ship shall allow any dutiable not to allow liquors or denatured spirits to be discharged from his ship without a permit from the Superintendent as hereinafter provided unless such liquors or spirits are received by the keeper of a King's warehouse and forthwith stored in a King's warehouse.

discharge of dutiable liquors etc. without a permit, un- less to keeper of King's warehouse.

Butiable liquors not

to be remov- ed from a

46.-(1.) No person except the keeper of a King's ware- house shall remove any dutiable liquors from any ship in which the same may have been imported without a permit in ship without the Form No. 4 in the Third Schedule to this Ordinance in the case of liquors on which duty is to be paid before such removal, or in the Form No. 5 in the said Schedule in the case of liquors to be stored in a King's or licensed ware- house and except in accordance with the conditious in such permit contained.

a permit, except by keeper of King's warehouse.

Issue of permit in

cases where

duty is paid before

removal.

Issue of permit for

removal to King's warehouse.

Denatured

spirits not to

be removed from a ship without a permit. except by

keeper of

(2.) In the case of liquors on which duty is to be paid before such removal the Superintendent shall upon receiv- ing a requisition therefor in the Form No. 1 in the sail Schedule issue a permit in the Form No. 4 in the said Schedule authorising the removal of such liquors on the conditions stated in such permit.

(3.) In the case of liquors to be stored in a King's or licensed warehouse the Superintendent shall upon receiv ing a requisition therefor in the Form No. 2 in the said Schedule issue a permit in the Form No. 5 in the said Schedule authorising the removal of such liquors on the conditions stated in such permit.

Provided that before issuing any permit under this section the Superintendent may demand the production of any invoices, bills of lading or other documents relating to the liquors in respect of which such requisition has been received and the person making the requisition shall on such demand produce the same.

47.-(1.) No persou except the keeper of a King's warehouse shall remove any denatured spirits from any ship in which the same may have been imported without a permit in the Form No. 6 in the Third Schedule to this Ordinance and except in accordance with the conditions in such permit contained.

King's

warehouse.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

103

(2.) Such permit shall be issued by the Superintendent Conditions on the conditions stated therein upon receiving a requisi- of issue of tion therefor in the Form No. 3 in the said Schedule and permit. shall not be granted except upon condition that such spirits shall be placed in a King's or licensed warehouse pending the production of proof by the master or agent of the ship or the importer of such spirits to the satisfaction of the Government Analyst or of such person as the Governor may from time to time appoint in that behalf that such spirits are denatured spirits within the meaning of this Ordinance.

48. The Superintendent shall grant a receipt in the Receipt by Form No. 7 in the Third Schedule to this Ordinance for Superintend any sum receivel by him in respect of any duty upon duty paid. ent for all intoxicating liquors on which duty is payable.

Removal of

liquors for

49.-(1.) No person intending to export dutiable liquors shall remove the same for exportation from any King's or dutiable licensed warehouse where they may be stored without permit in the Form No. 9 in the Third Schedule to this exportation. Ordinance and except in accordance with the conditions in such permit contained.

mate.

(2.) Such permit shall be issued by the Superintendent Form of upon receipt of & requisition in the Form No. 8 in the said permit and Schedule and such permit shall be furnished in duplicate endorsement and one copy thereof shall be delivered to the keeper of by master or such King's or licensed warehouse and the exporter shall on shipping such liquors procure a receipt for the same signed by the master or mate of the ship in which the liquors are to be exported to be endorsed on the duplicate copy of such permit, and shall forthwith deliver such duplicate copy and receipt to the Superintendent.

(3.) The Superintendent may refuse to issue any permit Permit may to export dutiable liquors by any ship until 72 hours be refused before such ship may be intending to leave the port.

until 72

hours before

Provided that before issuing any permit under this ship leaves. section the Superiutend ent may demand the production of any shipping orders, bills of lading or other documents relating to the liquors in respect of which such requisition has been received and the person making the requisition shall on such demand produce the same.

50. No dutiable liquors shall be removed for export Dutiable from the King's or licensed warehouse in which they may liquors not be stored except in closed cases or vessels each containing to be not less than two gallons or the reputed equivalent of two gallons.

removed for exportation except in closed casc8.

51. No dutiable liquors except such as are exported Dutiable to one consignee in one consignment in quantities of not liquors to be less than forty gallons if in cask or the reputed equivalent marked for

export. thereof if in bottles shall be removed from any King's or licensed warehouse for export unless the cases or vessels containing the same shall be clearly and permanently marked by stencil or otherwise on at least three sides in. letters not less than three inches long with the words "For Export".

52. The master owner or agent of any ship by which Master owner dutiable liquors may be imported shall within four hours or agent of after the arrival of such ship or as soon thereafter as ship to fur-

　　　　　　　　　　　　　　　　　　　nish parti the office of the Superintendent shall be open furnish to culars of the Superintendent a true and correct statement of all import to Su- dutiable liquors imported therein.

perintendent.

53. The owner or agent of any ship by which dutiable Owner or liquors may be exported shall within twenty-four hours of agent of ship the time of the departure of such ship furnish to the to furnish

particulars Superintendent a true and correct statement of all dutiable of export to liquors exported therein which may have been entered on Superin- the ship's manifest or for the receipt of which for export tendent. such owners or agents or any persons acting on their be- half may have issued a receipt to any person.

104

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Permit not used to be returned in twenty-four hours.

Liquors ship- ped under a permit not to be re- landed.

King's ware- houses.

Licensed warehouse.

Inspection

of ware- houses. Prescribed books to be kept.

No person to keep dutia-

54. Any person who has obtained a permit to move any liquors from any ship or to remove any liquors for export- ation and has not availed himself thereof on the day stated therein shall within twenty-four hours from such date or as soon thereafter as the Superintendent's Office may be open for business return such permit to such office.

55. No person shall reland or permit the relanding of any liquors shipped under any permit or knowingly neglect or omit to cause such liquors to be exported in accordance with the terms of such permit.

Storage of Dutiable Liquors.

56. The Governor-in-Council may from time to time approve and appoint warehouses or places of security to be King's warehouses for the warehousing of dutiable liquors and may from time to time revoke such approval and there- upon all dutiable liquors warehoused in a King's ware- house of which the approval has been revoked shall be re- moved as the Governor may direct.

57.-(1.) The Superintendent may from time to time- with the approval of the Governor grant licences for the warehousing of dutiable liquors in places to be specified in such licences and to be called licensed warehouses and the Governor may at any time cancel any such licence and thereupon all dutiable liquors warehoused in a licensed war house the licence of which has been cancelled shall be removed as the Governor may direct.

(2.) The fee for such licence shall be two hundred and fifty dollars per annum, or such other sum as the Legislative Conncil may by resolution from time to time direct, but no fee shall be charged for a licence granted to the Naval or Military Authorities for Naval or Military purposes.

(3.) No such licence shall be transferable without the consent of the Governor.

58.--(1.) The keeper of any King's warehouse and the licensee of any licensed warehouse shall at all times during the usual business hours allow the Superintendent or any revenue officer to enter such warehouse and to inspect the stocks of liquors kept therein and to take samples thereof and to inspect and make copies of and extracts from any books of account kept in connection therewith.

(2.) The keeper of any King's warehouse and the licen- see of any licensed warehouse shall at all times keep proper books showing such particulars of all dutiable liquors ware- housed therein and of all liquors removed therefrom as shall be prescribed by regulations from time to time to be made under this Ordinance by the Governor-in-Council.

(3.) The keeper of a King's warehouse and the licensee of a licensed warehouse shall be liable to the Superin- tendent for the payment of any duties which may become payable in respect of the dutiable liquors warehoused in such King's or licensed warehouse and shall prevent the removal of dutiable liquors and denatured spirits from such King's or licensed warehouse except in accordance with the provisions of Section 60.

59.-(1.) No person shall store or keep or have in his possession or control any dutiable liquors except in a ble liquors King's or licensed warehouse or in the ship in which the

same may have been imported.

except in

King's or licensed

warehouse.

have in his

(2.) No person shall have in his possession or control in No person to a King's or licensed warehouse any intoxicating liquors or possession in denatured spirits imported contrary to the provisions of this Ordinance or which may be or have come into his posses- sion or control contrary to the provisions of this Ordinance.

King's or

licensed

warehouse

liquors

illegally

imported or possessed.

Restrictions

on buying

and selling dutiable liquors.

(3.) No person shall sell or offer for sale and no person shall buy any dutiable liquors stored elsewhere than in a King's or licensed warehouse, or in the ship in which the same may have been imported.

گی

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

105

of dutiable

60.-(1.) No person shall remove any dutiable liquors Restrictions or denatured spirits from any King's or licensed warehouse on removal except for export under an export permit without a permit liquors. from the Superintendent in the Form No. 11 in the Third Schedule to this Ordinance and except in accordance with the conditions in such permit contained.

(2.) Such permit shall be issued by the Superintendent upon receipt of a requisition in the Form No. 10 in the said Schedule, provided always that the Superintendent shall refuse to issue a permit

(a.) for the removal of any such dutiable liquors except in closed cases or vessels each containing not less than two gallons or the reputed equiva- lent of two gall ns;

(b.) if such liquors are to be removed for

　　　　purposes other than export to any place other than a King's or licensed warehouse except upon payment to him of the duty thereon.

Deficiency of

61. If it shall appear at any time that there is A defici- ency in any King's or licensed warehouse in the quantity dutiable of dutiable liquors which ought to be found store-l therein liquors in a the keeper of such King's warehouse and the licensee of King's or

licensed such licensed warehouse shall be liable to pay to the warehouse. Superintendent the duty leviable upon such deficiency and shail in the absence of proof to the contrary be presumed to have illegally removed such liquors: provided always that such person in charge or licensee shall not be held liable for any deficiency which he may prove to have been caused by leakage or breakage or other accident.

Distillation and Manufacture.

ing liquors.

62.- (1.) All intoxicating liquors distilled, made or Restrictions. prepared by any person holding a licence under this on making Ordinance or under any Ordinance repealed by this and prepar- Ordinance or under the New Territories Regulation Ordinance, 1910, shall be deemed to be dutiable liquors and the place of distillation making or preparation shall be deemed to be a licensed warehouse for the purpose of storing such liquors and the person holding a licence for such place shall for the purposes of this Ordinance be deemed to be the licensee of such licensed warehouse.

(2.) Such licensed warehouse shall not be used for the storage of any dutiable liquors whatsoever other than that distilled, made or prepared therein as aforesaid.

(3.) There shall be no fee payable in respect of such licensed warehouse.

63. Nothing in this Ordinance contained shall apply Ordinance to any distillation by a duly qualified medical practitioner not to apply or person registered as a chemist and druggist under the to distill- Pharmacy Ordinance, 1908, which may be proved to be medical for genuine medicinal or scientific purposes or to any purposes.

distillation of essential oils.

Keeping of Intoxicating Liquors by Licensees.

ation for

64. Every person who holds a licence under this Or- Licensed dinance OP under any Ordinance repealed by this person to Ordinance or under the New Territories Regulation of stocks;

give amount Ordinance, 1910, shall

(a.) on demand by the Superintendent render an account in writing of the quantity and descrip- tion of the intoxicating liquors in his posses- sion custody or control;

(b.) permit the Superintendent or any revenue permit entry.

officer to enter the premises in which such

liquors are stored at any time between the hours of six in the morning and six in the evening and inspect the same.

person not to keep dutia-

65. No person who holds a licence as above shall store Licensed or keep on his licensed premises any dutiable liquors and in the absence of proof to the contrary any dutiable liquors found on such premises shall be presumed to be stored or kept by such licensee.

ble liquors on the pre- mises.

106

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Revenue Officers.

66.-(1.) The Superintendent may grant to any person approved by him a warrant in the Form No. 12 in the Third Schedule to this Ordinance to act as a revenue officer under this Ordinance.

(2.) The Superintendent shall have power to withdraw at any time any warrant so granted by him.

(3.) Every revenue officer shall be supplied with a suitable badge of office which shall be returned to the Superintendent when the warrant is withdrawn.

(4.) Every such revenue officer shall be deemed to be a public officer.

(5.) Every native revenue officer shall, before appoint- ment, be examined and approved by the Superintendent and Principal Civil Medical Officer, and having been so examined and approved according to the Forms in the Fifth Schedule to this Ordinance shall go before a Magistrate and answer the questions, and subscribe and take the oath or make the declaration in the Sixth Schedule to this Ordinance

(6.) Every native revenue officer shall engage and bind himself to serve in that office for the term of three years, during which term he shall not be at liberty to re-ign his office or to withdraw himself from the duties thereof, except as is hereinafter provided.

(7.) In case any native revenue officer who has con- pleted his period of three years' service is desirous of continuing to serve in the same capacity, he shall be at liberty to engage and bind himself for a further term of three years on similar terms and conditions and shall take the oath or make the declaration prescribed by sub- section (5) of this section: Provided always that his re- enlistment is approved by the Superintendent.

(8.) The Governor is hereby empowered to grant to any native revenue officer who is re-enlisted under sub- section (7) a sum by way of bonus not exceeding one hundred dollars.

(9.) Any native revenue officer shall be entitled to claim his discharge at any time on his giving to the Superintendent three months' notice of his wish to with- draw and paying a sum equivalent to two months' pay for aech unexpired year of his term of appointment: Pro- vided always that it shall be lawful for the Governor to remit the whole or any part of the said sum.

(10.) Whenever any native revenue officer, having duly engaged and bound himself to serve in that office, deserts therefrom or refuses to perform his duty therein, he shall on summary conviction before a Magistrate be liable to a penalty not exceeding two hundred dollars and in default. of payment to imprisonment with or without hard labour for any term not exceeding six months.

(11.) Any native revenue officer imprisoned under the preceding sub-section, shall forfeit all pay during his imprisonment.

(12.) The Superintendent shall, in case of breach of discipline or neglect of duty by any native revenue officer, on proof thereof to his satisfaction, have power to order the offender to forfeit and pay a sum not exceetling ten dollars.

(13.) All sums forfeited under the preceding sub-section shall be paid into the Treasury and shall be applied to such purposes in connection with the Imports and Exports Office as the Governor may from time to time direct.

(14.) Every revenue officer when acting against any per- son under this Ordinance shall declare his office and produce his badge of office to the person against whom he is acting.

Penalty for (15.) Any revenue officer who refuses or neglects without refusing or reasonable cause to return his badge to the Superintendent neglecting to

in contravention of this Ordinance shall be liable to a fine return badge.

not exceeding fifty dollars or to imprisonment for a term not exceeding three months.

Powers of police

officers.

67.-(1.) All police officers shall have the powers of a revenue officer under this Ordinance.

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

(2.) Every police officer when acting against any person under this Ordinance shall if not in uniform declare his office and produce to the person against whom he is acting such badge as the Captain Superintendent of Police may direct to be carried by police officers when employed on secret or special service.

68.-(1.) Every person landing from any ship or enter- Search of ing the Colony by land accompanied by any goods or bag- baggage and gage shall :-

(a.) On demand by any revenue or police officer either permit his goods and baggage to be searched by such officer or together with such goods and baggage accompany such officer to a police station and there permit his goods and baggage to be searched by any revenne or police officer in the presence and under the supervision of a European police officer or other police officer not below the rank of sergeant. If the person landing is of European race the demand shall be made by a European officer. (b.) On demand by any European revenue or police officer or other police officer not below the rank of sergeant permit his goods and baggage to be searched by such police officer or by any re- venne officer in the presence and under the supervision of such police officer: provided always that

The goods and baggage of any person who may claim be present when they are searclied shall not be searched except in his presence,

(2.) Any person who may refuse to comply with any lawful demand under this section may be arrested by the officer making the demand without warrant.

goods.

ete.

69. Any box chest package or other article (not being Examination passenger's baggage accompanied by the owner) which is of articles on being landed or has been recently landed from any ship or ship, wharf. which is in or upon any ship (not having the status of a ship of war) islet landing place whart warehouse or place adjoining any wharf and used in connection therewith or which is being removed from any such ship islet or other place or which is being brought into or has recently been brought in the Colony by land-

(a.) may be examined and searched by any revenue officer and may be detained until any person in charge thereof shall have opened the same to admit of such examination and search and in default of such opening may be removed by such officer to a police station ;

(b.) may be broken open by the orders of any European police officer or other police officer not below the rank of sergeant 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."

70. No search of goods or baggage shall be made under No search the provisions of the two preceding sections unless there except where is reasonable cause to suspect that such goods or baggage reasonable contain dutiable liquors or denatured spirits.

71. Any revenue officer may board any ship not being or having the status of a ship of war and remain on board as long as such ship remains in the waters of the Colony.

72.-(1). Any revenue officer mav arrest without

warrant--

cause to suspect.

Revenue officer may board ship.

Revenue officer may arrest with-

(a.) Any person found committing or attempting out warrant

to commit an offence or employing aiding or in certain assisting any person to commit an offence circum- against this part of this Ordinance or the rules stances. or regulations made thereunder or against Part II of this Ordinance.

107

108

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

It an un- successful

compensa- tion to be

paid.

(5.) Any person whom he may reasonably suspect to have in his possession any intoxicating liquors denatured spirits or other articles sub- ject to forfeiture under this part of this Ordin- ance or the rules or regulations made there- under or under Part III of this Ordinance. (2.) Every person so arrested shall together with any article as to which an offence may have been committed or attempted to have been committed be taken to a police

station.

73. If any search made without warrant under this Ordinance be unsuccessful and there be no reason to suppose search made that any intoxicating liquors denatured spirits or other articles liable to forfeiture under this Ordinance have been thrown away or otherwise disposed of in order to avoid detection the Superintendent shall repack or cause to be repacked any goods unpacked during such search and shall make good any damage caused thereby. In the event of any dispute as to the amount of damage to be made good by the Superintendent not being settled within twenty-four hours from the time of such dispute first arising such amount shall be ascertained by a Magistrate and the Superintendent shall pay such amount so ascertained immediately upon production by the aggrieved person of a certificate thereof under the hand of the Magistrate.

Issue of search

warrant by Magistrate.

Recovery of fines and forfeitures.

Adjudication

of fine and disposal of forfeited articles.

Manner of seizure not to be enquir ed into by Court.

PART III.

Warrants, Froceedings, Offences, Penalties and Forfeitures,

74. Whenever it appears to any Magistrate upon the oath affirmation or declaration of any person of repute that there is good cause to believe that there are in any build- ing vessel (not being a ship of war or ship having the status of a ship of war) or place any intoxicating liquors or denatured 'spirits or other articles subject to forfeiture under this Ordinance or under the regulations made thereunder as to which an offence has been committed or is about to be committed against any of the provisions of this Ordinance or the regulations made thereunder, such Magistrate may, by warrant directed to any European police officer or any European revenue officer empower such officer with such assistants as may be necessary, by day or night (1) to enter and if necessary to break into such building vessel or place and to search for and take possession of any such intoxicating liquors 'denatured spirits or other articles (2) to arrest any person or persons who may appear to have such intoxicating liquors dena- tured spirits or other articles in his or their possession custody or control.

75. All convictions and fines and penalties under this Ordinance or any regulation made thereunder shall be had and recovered in a summary way before a Magistrate but proceedings for the recovery of any such fine or penalty shall be commenced within six months after the offence was committed.

76.-(1.) The Magistrate may adjudicate any portion not exceeding half of a fine under this Ordinance to the

informer.

(2.) All articles seized and forfeited under this Ordinance shall be sold or if unsaleable be destroved or otherwise disposed of by the Superintendent. The proceeds of any such sale shall be paid into the Treasury as part of the general revenue of the Colony.

77. On any trial before any Magistrate and in any proceedings on appeal in the Supreme Court relating in any of the above cases to the seizure of articles subject to restriction under this Ordinance it shall be lawful for such Magistrate or Court and such Magistrate or Court is hereby required to proceed to such trials and to the hearing of such appeals on the merits of the case only without reference to matters of form and without enquiring into the manner or form of making any seizure excepting in so far as the manner or form of seizure may be evidence on such merits

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

109

tions and

78. Every requisition received and a copy of every Extracts permit issued by the Superintendent shall be entered in from register the Superintendent's office in a book or books and the of requisi- production of any extracts from the said books or of any permits to be certificate as to requisitions for and grants of permits evidence. certified or purporting to be certified under the hand of the Superintendent shall on the trial of any person charged with an offence under this Ordinance he proof of the facts set out in the said extracts and certificates till the contrary be shown by or for the person so charged and the absence of requisitions and of copies of permits from the said books shall be proof till the contrary is shown in like manuer that application has not been made for the permit required and that the permit has not been issued.

evidence.

79. At the hearing of any charge under this Ordin- Certificate of auce the production of a certificate purporting to be signed Government by the Government Analyst shall be sufficient evidence of Analyst to the facts therein stated, unless the defendant requires be sufficient that the Analyst should be called as a witness, but if the defendant shall require the Analyst to be called the Magistrate may order him in addition to any other penalty to pay a fee of $25 for the attendance of the Analyst, such fee to be recoverable in the same way as a penalty imposed under this Ordinance is recoverable, and to be paid into the Treasury.

80. The Magistrate hearing any charge under this Magistrate Ordinance may employ an analyst or other skilled person may employ to report on any technical point, and may order the pay- an analyst ment of the fee of such analyst by the defendant in addi- to report on

　　　　　　　　　　　　　　　　　　　　　　　　　　　　technical tion to any other penalty, and such fee shall be recoverable points. in the same way as a penalty imposed under this Ordinance is recoverable.

81. It shall be lawful for the Governor to suspend or Governor stop any prosecution or proceeding instituted or proposed may stop to be instituted under this Ordinance and to direct the proceedings refund of the whole or any part of any fine or penalty and and order the restoration of the whole or any portion of any articles of articles ordered to be forfeited to any person from whom the same forfeited. may have been taken.

restitution

82. Except as hereinafter mentioned no information laid Protection of under this Ordinance shall be admitted in evidence in any informers civil or criminal proceeding whatsoever and no witness from dis- shall be obliged or permitted to disclose the name or covery. address of any informer under this Ordinance or state any matter which might lead to his discovery. Moreover if any books documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery the Court 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. But if on the trial of any offence under this Ordinance the Magistrate after full enquiry into the case believes that the informer wilfully inade 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 Magistrate is if opinion that justice cannot be fully done between the parties thereto without the discovery of the informer it shall be lawful for the Magistrate to require the production of the original information and permit inquiry and require full disclosure concerning the informer.

83.-(1.) Whenever two or more persons shall be Examination charged with any offence against this Ordinance the of accused Magistrate may permit one or more of them to give persons. evidence as a witness or witnesses for the prosecution.

(2.) Every person so permitted to give evidence who Indemnity if shall in the opinion of the Magistrate make true and true and full full discovery of all things as to which he is lawfully discovery examined shall be entitled to receive a certificate of indem- made. nity under the hand of the Magistrate stating that he has made a true and full discovery of all things as to which he was examined and such certificate shall be a bar to all

110

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Accused may tender himself for *examination.

Notice of actions.

Malice to be alleged.

Costs.

Importing or being con- cerned in

legal proceedings against him in respect of all such things as aforesaid.

(3.) Provided always that any person charged with an offence against this Ordinance may if he thinks fit tender himself to be examined on his own behalf and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness.

84.--(1.) No action shall be brought against any person for any thing done or bona fide intended to be done in the exercise or supposed exercise of the powers given by this Ordinance or by any rules made thereunder :---

(.) without giving to such person one mouth's previous notice in writing of the intended action and of the cause thereof;

(6.) after the expiration of three months from the date of the accrual of the cause of action; (c.) after tender of sufficient amends.

(2.) In every action so brought it shall be expressly alleged that the defendant acted maliciously and without reasonable or probable cause and if at the trial the plaintiff shall fail to prove such allegation judgment shall be given for the defendant.

(3.) Though judgment shall be given for the plaintiff in any such action such plaintiff shall not have costs against the defendaut unless the Court before whom the action is tried shall certify its approbation of the action.

85. Every person who shall import-or aid abet procure or be interested or concerned in or knowingly derive any profit from the importation of any intoxicating liquors or the importa- denatured spirits contrary to the provisions of this Ordin-

ance shall be guilty of an offence against this Ordinance.

tion of in- toxicating liquors or denatured spirits.

which duty

Being in 86. Every person who shall contrary to the provisions possession of of this Ordinance receive into or have in his possession intoxicating custody or control any intoxicating liquors on which the liquors on duty leviable by law shall not be proved to have been paid has not been or which have been illegally imported made or prepared paid or of

shall be guilty of an offence against this Ordinance. intoxicating Provided that no person shall be convicted under this section if he proves to the satisfaction of the Court before which he is tried that he had good and sufficient reason to believe that such duty had been paid or that such in- toxicating liquors had been legally imported or legally manufactured.

liquors illegally imported

made or prepared.

Making false requisition, return, etc.

Penalty for obstructing

revenue officer.

Other

penalties.

87. Every person who shall under the provisions of this Ordinance deliver any requisition or supply any particulars returns or account or other written statement required by this Ordinance or by any regulation made thereunder shall if such requisition particulars return account or written statement be false or incorrect either in whole or in part to the knowledge of the person so making delivering or supplying the same whether the same be signed by him or not be guilty of an offence against this Ordinance.

88. Every person who assaults resists or wilfully obstructs any revenue officer in the execution of his duty shall be liable in the discretion of the Magistrate to a penalty not exceeding two hundred and fifty dollars or to imprisonment with or without hard labour for one year.

89. Every omission or neglect to comply with and every act done or attempted to be done contrary to the provisions of this Ordinance or of any regulation made thereunder or permit granted or Order-in-Council issued thereunder and any refusal to permit or obstruction of any act commanded by this Ordinance and any breach on the part of a licensed person of the terms or conditions of his licence or recognisance shall be deemed to be an offence against this Ordinance and for every such offence not otherwise specially provided for the offender shall in addi- tion to the forfeiture (if any) of the article seized as here- inafter provided be liable to the following penalties:-

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

(a.) for every first offence a fine not exceeding five hundred dollars or imprisonment with or with- out hard labour for any period not exceeding six months,

(b.) for every second offence a fine not exceed- ing one thousand dollars or imprisonment with or without hard labour not exceeding twelve months,

(e) for every subsequent offence a fine not exceed- ing two thousand five hundred dollars or im- prisonment with or without hard labour not exceeding twelve months or to both fine and imprisonment.

90. All intoxicating liquors and denatured spirits in Forfeitures. respect of which any offence may have been committed against this Ordinance or against any regulation made or permit granted thereunder or any breach of the restrictions and conditions subject to or upon which any licence has been granted together with any still or part thereof vat or other vessel used in distillation wash or other materials preparing or prepared for the distillation of such liquors utensil or apparatus or any vessel package cart carriage or conveyance in which the same may be found or which may have been used in connection with such offence may be seized by any police or revenue officer and all such intoxicating liquors denatured spirits stills utensils ap- paratus vessels packages carts carriages or conveyances, as also any ship of less than fifteen tons in which the sime may be found, may be forfeited to the Crown.

91. All intoxicating liquors and denatured spirits and Unclaimed all stills utensils apparatus vessels packages or con- articles to veyances used for the preparation packing or conveyance be forfeited of intoxicating liquors or denatured spirits shall, if found to the without any apparent owner or if unclaimed after such notice given as to a Magistrate may seem fit, be forfeited to the Crown,

Crown.

92. On the conviction of any licensed person for a Forfeiture second or any subsequent offence against this Ordinance, of licence. the Magistrate may order his licence to be forfeited, in

- addition to any other penalties bereinbefore provided.

PART IV.

General.

or any

for acts of

servants.

Agents and

etc.

93.-(1.) Whenever any person to whom any licence Licensed has been granted under this Ordinance or under any persons to be Ordinance "repealed by this Ordinance or under the responsible New Territories Regulation Ordinance, 1910, keeper of a King's warehouse or any licensee of a li- agents and ensed warehouse shall be liable under the provisions of Age this Ordinance to any punishment penalty or forfeiture servants to be for any act omission or neglect he shall be liable to the also liable to same punishment penalty or forfeiture for every similar punishment, act omis ion or neglect of any agent or servant employed by him in or about his licensed premises or King's or licensed warehouse and every agent or servant employed by him in or about his licensed premises or King's or licensed warehouse shall also be liable to every punish- ment penalty or forfeiture prescribed for such acts omissions or neglect contrary to the provisions of this Ordinance as fully and effectually as if such agent or servant had been the person to whom such licence had been granted or had been the keeper of such King's or licensed warehouse.

(2.) Every person employed in or about any licensed Presumption premises or King's or heensed warehouse shall be deemed of employ to have been so employed by the person mentioned in the ment. licence or by the keeper of the King's or licensed ware- house as the case may be unless and until the contrary be proved.

94. Every requisition required by the provisions of Contents and Part II of this Ordinance shall contain the particulars signature of required by the forms in the Third Schedule to this requisitions. Ordinance and shall be signed by the person applying

111

112

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Power to make regulations.

Exemption of Naval

for such requisition or by some person duly authorised by him provided that in the case of any Chinese firm such requisition shall in addition to such signature be stamped with the chop of such firm.

95. The Governor-in-Council shall have power from time to time to make regulatious for any of the following purposes-

(a.) to regulate the standard of quality or to deter- mine the quality of any intoxicating liquors or wines or spirits to be manufactured and sold under the provisions of this Ordinance and to regulate the material to be used therein and for the branding or labelling of such liquors and such wines and spirits;

(b.) to regulate the import and export of intoxica- ting liquors by land or by sea, and the licensing of persons and ships for those pur- poses;

(c.) to regulate the management of King's ware- houses, and to prescribe fees for storage in such warehouses and to authorize the forfeiture to the Crown of any intoxicating liquors or dena- tured spirits not cleared from such warehouse within periods to be fixed by such rules ; (d.) to regulate the licensing and management of

licensed warehouses;

upon

(e.) to regulate the management of distilleries and and places for distilling making and preparing intoxicating liquors and the safeguarding of the revenue to be derived from the duty liquors distilled made or prepared therein; (f.) to regulate the examination of the baggage and goods of persous landing at any port; (g.) to alter add to or rescind any of the forms contained in the Schedules of this Ordinance and to substitute others therefor;

(h.) for granting exemption from payment of duty on dutiable goods or from any of the provisions of this Ordinance;

(i) to regulate the substances to be used and the

quantities thereof for denaturing spirits; (j) for the supervision of the breaking down blending mixing and bottling of dutiable liquors;

(k.) generally to give effect to the provisic as of

this Ordinance.

All such regulations shall be published in the Gazette and shall have the force of law.

Provided always that all regulations and rules hitherto made under any of the Ordinances repealed by this Ordinance shall be as valid and binding as though those Ordinances had not been repealed. Provided also that the Governor-in-Council may at any time amend vary or revoke any such regulation or rule.

96. This Ordinance shall not apply to Naval or Military stores the property of His Majesty or to any intoxicating and Military liquors imported on account of His Majesty's Government

or of the Government of the Colony,

stores, etc.

Repeal.

97. The Ordinances set out in the Fourth Schedule to this Ordinance are hereby repealed: Provided that nothing in this Ordinance contained shall affect any rights or liabilities acquired or incurred under and by virtue of any of the said Ordinances.

Passed the Legislative Council of Hongkong, this 23rd day of March, 1911,

R. II. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 30th

day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

113

Hongkong.

FIRST SCHEDULE.

FORM No. 1.

DISTILLERY LICENCE.

The Liquors Consolidation Ordinance, 1911.

DISTILLERY LICENCE.

In consideration of the fee of

dollars paid by

stills, of

I hereby license him to have gallons capacity, at

and to

day of

distil spirits therewith, and to sell such spirits from this date until the

in quantities of not less than two gallons of one liquor at one time, and not to be consumed on the premises.

1. The holder of this licence shall permit the Superin- tendent or any Revenue Officer to enter the premises in which distillation is being carried on at any time during the process of such distillation.

2. The premises shall, at all reasonable times, be open to the inspection of such Officers as the Government may, from time to time, appoint in that behalf.

con-

3. The licensee shall, at the expiration of every secutive period of three mouths from the date hereof, furnish to the Colonial Secretary a return of the total amount of spirits distilled, rectified, or compounded under this licence during such period.

4. No spirit shall be sold or disposed of by the licensee, or by any one acting for him, or on his behalf, in less quantity than thirty-six gallons at one time.

5 This licence may be cancelled, and the licence fee paid in respect thereof forfeited, if the licensee be guilty of any of the following offences :--

(a.) Breach of any of the conditions of this licence. (b.) Breach of any Regulations made or to be made under section 96 of the Liquors Consolidation Ordinance, 1911.

(c.) Breach of any of the Building or Public Health Ordinances of the Colony, or of any Ordinances amending the same, or of any Bye-laws, Rules or Regulations made thereunder.

(d.) Distilling, rectifying, or compounding any spirits which shall, in the opinion of the Gov- ernor-in-Conocil, be deleterious to public health, or in any other respect a nuisance.

Dated the

day of (Signed)

Captain Superintendent of Police.

FORM No. 2.

APPLICATION FOR PUBLICAN'S LICENCE.

Hongkong.

The Liquors Consolidation Ordinance, 1911.

APPLICATION FOR PUBLICAN'S LICENCE.

Name of Applicant

Nationality

Address

Has held a licence for

years.

Street

Licensed House to be at No.

Its name or sign to be

Sureties

To the Licensing Board.

of of

and

I give notice that I intend to apply at the next Licensing: Meeting to His Majesty's Justices of the Peace for a licence to sell by retail intoxicating liquors (except Chinese wines and spirits) in the house and appurtenances thereunto belonging above named, which I intend to keep as an Inn or Public-house.

Dated the

day of

•

(Signed)

Section 3.

Section 12.

114

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Section 12.

We, the undersigned householders, residing at

in the said Colony, and being in no way directly or in- directly connected with the sale of liquor to the applicant, certify that the above-named applicant is a person of good ame and reputation and fit and proper to be licensed to keep an Inn or Public-house.

Dated the

day of

(Signed)

FORM No. 3.

APPLICATION FOR ADJUNCT LICENCE.

Hongkong.

The Liquors Consolidation Ordinance, 1911.

APPLICATION FOR ADJUNCT Licence.

Name of Applicant

Address

Nationality

Licensed house to be at No.

Has held a licence for

Street

years.

Other business carried on Sureties

To the Licensing Board.

and

I give notice that I intend to apply at the next Licensing Meeting to His Majesty's Justices of the Peace for a licence to sell by retail intoxicating liquors, in the house and appurtenances thereunto belonging above named, as an Adjunct to the business which I am carrying on in the said house and premises.

Dated the

day of

Section 16.

Hongkong.

FORM No. 4.

PUBLICAN'S LICENCE,

The Liquors Consolidation Ordinance, 1911.

Licensee

Sign of House

No.

PUBLICAN'S LICENCE.

Street

Period of Licence, from to Fee, $

both days inclusive.

I license the above-named person to keep an Inn or Public-house, and to sell by retail in such house in which he now dwells and in the appurtenances thereunto belong- ing, but not elsewhere, intoxicating liquors (except Chi- nese wines and spirits) during the period above written.

Conditions.

(1.) No liquor shall be sold or drunk upon any licensed premises except between the hours of eight o'clock in the morning and twelve o'clock midnight. Provided that the Governor-in-Council may by Order from time to time alter such hours as aforesaid.

(2.) No disorder shall be permitted on the premises.

(8.) No person shall be allowed to become drunk on the premises, nor shall liquor be supplied to any person

who is drunk.

(4.) No game of chance shall be played on the premises. (5.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers,

(6.) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof.

(7.) The licensee shall not employ any person to sell or dispose of any liquors outside of his licensed premises, ner shall he allow or suffer any liquors to be so disposed of on

his account.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

115

(8.) The licensee excepted, no woman whether belong- ing to the licensee's family or not, shall be permitted to serve or act in any capacity in the bar-room or in any room directly opening out of the bar-room.

(9.) The standard of quality of spirits as fixed by the Governor-in-Council shall be declared on the label of each

bottle.

Dated the

day of

No.

(Signed)

Colonial Treasurer.

Hongkong.

FORM No. 5.

RESTAURANT ADJUNCT LICENCE.

The Liquors Consolidation Ordinance, 1911.

Licensee

Business No.

RESTAURANT ADJUNCT LICENCE.

Street

Period of Licence, from to both days inclusive. Fee, $

I license the above-named person to sell by retail in- toxicating liquors, in quantities not exceeding two gal- lons at one time, in the house in which he now dwells and in the appurtenances thereunto belonging, but not else- where, as an Adjunct to the business he carries on there and without keeping a public bar during the period above

written.

Conditions.

(1.) No Bar shall be kept.

(2.) Intoxicating liquors shall only be sold for con- sumption on the premises and only in conjunction with a bona fide meal for which a charge of at least thirty cents can be reasonably made.

(3.) Intoxicating liquors shall only be sold between the hours of 12.30 p.m. and 2.30 p.m. and 6 p.m. and 9 p.m. and at no other time.

(4.) No disorder shall be permitted on the premises.

(5.) No person shall be allowed to become drunk on the premises nor shall liquor be supplied to any person who is drunk.

(6.) No game of chance shali be played on the premises. (7.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(8.) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof.

(9.) The licensee shall not employ any person to sell or dispose of any liquors outside of his licensed premises, nor shall he allow or suffer any liquors to be so disposed of on his account.

Dated the

day of

(Signed)

Colonial Treasurer.

FORM No. 6.

HOTEL KEEPER'S ADJUNCT Licence.

Hongkong.

The Liquors Consolidation Ordinance, 1911. HOTEL KEEPER'S ADJUNCT Licence.

Licensee: Business :

No. Fee, $

Street

I license the above-named person to sell by retail intoxi- cating liquors, in quantities not exceeding two gallons at one time, in the house in which he now dwells and in the

Section 16.

116

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

appurtenances thereunto belonging, but not elsewhere, as

an Adjunct to the business he carries on there during the period above written.

Conditions.

(1.) No Public Bar shall be kept.

(2.) Intoxicating liquor shall only be sold for consump- tion on the premises, and

(a.) To persons residing at the Hotel, at any

time.

(b.) To persons other than residents, only in the dining room and in conjunction with the regular meals of the establish-

ment.

(3.) No disorder shall be permitted on the premises. (4.) No person shall be allowed to become drunk on the premises, nor shall liquor be supplied to any person who

is drunk.

(5.) No game of chance shall be played on the pre- mises.

(6.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(7.) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof.

(8.) The licensee shall not employ any person to sell or dispose of any liquors outside of his licensed premises, nor shall he allow or suffer any liquors to be so disposed of on his account.

Dated the

day of

(Signed)

}

Colonial Treasurer.

Section 30

No.

Hongkong.

FORM No. 7.

DEALER'S LICENCE.

The Liquors Consolidation Ordinance, 1911.

DEALER'S LICENCE.

is licensed to sell intoxicating liquors (Chinese wines and spirits excepted) by wholesale or by the un- opened bottle on the premises known as

Conditions.

Such intoxicating liquors are not to be consumed on the premises.

No intoxicating liquor shall be sold under this licence. between the hours of 10 p.m. and 8 a,m,

The licensee shall keep a book in which shall be record- ed all sales of intoxicating liquors made under this licence. Such book shall be open to inspection at all reasonable hours by any Police Officer.

Dated this

day of

(Signed)

Colonial Treasurer.

Section 32.

FORM No. 8.

CHINESE WINE AND SPIRIT SHOP LICence, Hongkong.

The Liquors Consolidation Ordinance, 1911. CHINESE WINE AND SPIRIT SHOP LICENCE.

is licensed to sell Chinese Wines and Spirits, both by retail and wholesale, such wines and spirits not to be consumed on his premises, at No.

　　　　　　　　　　　the sign or shop name of which is

day

until the

مود

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Conditions.

(1.) No Chinese Wines or Spirits shall be sold by retail, directly or indirectly, to persons other than Chinese.

(2.) None but Chinese Wines and Spirits shall be sold on the premises.

(3.) No Chinese Wines or Spirits shall be sold between the hours of 10 p.m. and 6 a.m.

(4.) Any change in the place of business shall be forth- with reported to the Captain Superintendent of Police.

(5.) The licensee shall provide adequate security, to the satisfaction of the Captain Superintendent of Police, for the regular payment for one year of the fee for this licence.

(6.) The holder of this licence shall exhibit conspicu- ously and permanently in front of his licensed place of business, his name and the number and the nature of his licence, on a sign, the size and design of which shall be approved by the Captain Superintendent of Police.

Dated the

day

(Signed)

Captain Superintendent of Police.

FORM No. 9.

TRANSFER OF CHINESE WINE AND SPIRIT LICENCE. Hongkong.

The Liquors Consolidation Ordinance, 1911. TRANSFER OF CHINESE WINE AND SPIRIT LICENCE.

The Chinese Wine and Spirit Licence No.

is transferred to

granted

who is

hereby licensed to sell Chinese Wines and Spirits, both by retail and whosesale, such Wines and Spirits not to be consumed on the premises, at No.

the sign or shop name of which is

until the

day of

Conditions.

(1.) No Chinese Wines or Spirits shall be sold by retail, directly or indirectly, to persons other than Chinese.

(2.) None but Chinese Wines and Spirits shall be sold on the premises.

(3.) No Chinese Wines or Spirits shall be sold between the hours of 10 p.m. and 6 a.m.

(4.) Any change in the place of business shall be forthwith reported to the Captain Superintendent of Police.

(5.) The Licensee shall provide adequate security, to the satisfaction of the Captain Superintendent of Police, for the regular payment for one year of the fee for this licence.

Dated the

day of

(Signed)

Hongkong.

No.

Captain Superintendent of Police.

FORM No. 10.

CHINESE RESTAURANT LICENCE.

The Liquors Consolidation Ordinance, 1911.

CHINESE RESTAURANT LICENCE,

Name of Licensee

Business

Sign of House

Address

Period of Licence, from

Fee, $

Section 32.

Section 33.

117

118

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Section 33.

I license the above-named person during the period set forth above to sell by retail to persons of Chinese race only intoxicating liquors, in quantities not exceeding two gallons at a time, on the above-mentioned premises, to be consumed on such premises in connection with a bonâ fide meal for which a charge of at least 30 cents can be reason- ably made or in conjunction with meals sent out from such premises, but not otherwise.

Conditions.

(1.) No bar may be kept on the premises under this licence.

(2.) No liquor shall be sold or drunk upon the licensed premises except between the hours of eight o'clock in the morning and twelve o'clock midnight. Provided that the Governor-in-Council may by Order from time to time alter such hours as aforesaid.

(3.) No disorder shall be permitted on the premises.

(4.) No person shall be allowed to become drunk on the premises, nor shall liquor be supplied to any person who is drunk.

(5.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(6.) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof.

(7.) The licensee shall exhibit conspicuously and per- manently in front of his licensed place of business, his name and the number and nature of such licence, on a sign, the size and design of which shall be approved by the Captam Superintendent of Police.

Dated the

day of

(Signed)

Registrar General.

FORM No. 11.

TRANSFER OF CHINESE RESTAURANT LICENCE.

Hongkong.

The Liquors Consolidation Ordinance, 1911. TRANSFER OF CHINESE RESTAURANT LICENCE.

New Licensee

Business

Sign of House

Address

Period of New Licence, from

Former Licensee

I license the above-named person during the period set forth above to sell by retail to persons of Chinese race only intoxicating liquors, in quantities not exceeding two gal- lons at a time, on the above-mentioned premises, to be consumed on such premises in connection with a bonâ fide meal for which a charge of at least 30 cents can be reason- ably made or in conjunction with meals sent out from such premises, but not otherwise.

Conditions.

(1.) No bar may be kept on the premises under this licence.

(2.) No liquor shall be sold or drunk upon the licensed premises except between the hours of eight o'clock in the inorning and twelve o'clock midnight. Provided that the Governor-in-Council may by Order from time to time alter such hours as aforesaid."

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

(3.) No disorder shall be permitted on the premises ;

(4.) No person shall be allowed to become drunk on the premises, nor shall liquor he supplied to any person who is drunk.

(5.) A decent and suitable privy and urinal shall be maintained in a state of cleanliness and good repair for the use of customers.

(6.) The licensee shall not abandon the occupation of his house or permit any other person to become virtually the keeper thereof.

Dated the

day of

(Signed)

Registrar General.

Hongkong.

FORM No. 12.

EATING-HOUSE LICENCE.

The Liquors Consolidation Ordinance, 1911.

EATING-HOUSE LICENCE.

Name of Licensee

Business

Sign of House (if any)

Address

Period of Licence, from

Fee,

I license the above-named person during the period set forth above to keep an Eating-house (or Coffee House, or as the case may be) at the above-mentioned premises.

Warning.

1. No intoxicating liquors shall be sold or opium smoked on such premises.

2. The keeper shall not permit disorderly conduct on his premises, or suffer any unlawful games or gaming therein, or permit or suffer any prostitute to frequent such premises or to remain therein."

3. This licence is liable to forfeiture on the second con- viction, within twelve months, of the holder for any offence.

4. The licensee shall cause to be legibly painted or fixed and shall keep painted or fixed, on such premises in a con- spicuous place, in letters at least four inches long, his name followed by the words "Licensed for the sale of Refreshments" together with the number of his licence.

5. The premises shall be closed between midnight and 6 a.m. and no meals or refreshments shall be supplied during that period to any person not resident therein.

Note. There may be added such other conditions, it any, to this licence as the Governor-in-Council may from time to time determine.

Dated the

day of

(Signed)

Colonial Treasurer.

Section 34.

119

120

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

SECOND SCHEDULE.

Schedule of Fees.

The following fees shall be paid for the licences herein mentioned and in the manner herein specified, that is to

say :-

Nature of Licence.

Fee.

Manner of payment.

400

$ 400

Annually in advance.

Do.

Temporary Licence,-At the discretion of

In advance.

Publican's Licence:-

Distillery Licence,

Brewery Licence,

the Governor.

(a.) In Victoria and in the Hill Districts :-

When the rateable value of the premises is-

Under $ 2,000..

4,000

8,000.

16,000

32,000..

ད་

$32,000 and over

1 ee.

$1,000

$1,500

$2,000

$2,500

$3,000

$3,500

(b) Elsewhere in the Colony the publican's licence fees shall be at half the above rates.

Restaurant Adjunct Licence and Hotel

Keeper's Adjunct Licence :- (a.) For premises situate in and to the North of Queen's Road, Victoria, and at Victoria Gap,

(b.) For premises situate in any other part of the Island and in Kowloon and New Kowloon,

Removal Licence,

Fee.

.$ 700

Annually in advance, sub- ject to the provisions of the Liquors Consoli dation Ordinance, 1911-

400

In advance.

Note. If the new premises are of a higher annual valuation than those from which the licence is removed a proportionate part of the extra fee, if any, payable in res- pect of such difference of valuation must also be paid.

Transfer of Publican's Licence,

Transfer of Adjunct Licence,

Dealer's Licence,

Chinese Wine & Spirit Shop Licence:-

(a.) City of Victoria West of the line

formed by the Albany Nullalı,

(b.) City of Victoria East of the line

formed by the Albany Nullah, (c.) Quarry Bay from Tsat Tsz Mui Police Station to the S.E. boundary of Shaukiwan M.L. 1,

Feo. .$ 200 $ 40 $1,000

In advance.

650

550

400

Annually in advance.

(d.) Shaukiwan, from the S.E. boundary of Shaukiwan M.L. 1 to the bound- ary of War Department land East of Ah Kung Ngam,

400

350

Payable in four quarterly instalments, in advance.

(c.) Aberdeen and Aplichau,

() Tsim Sha Tsui, Yaumati and Hung- hom, and that portion of the Kow- loon Peninsula which is South of a line drawn from Nullah Street, Mong Kok Tsui, to the centre of the road between K.M. Lots 52 and 53 at Shek Shan,

(7.) Sham Shui Po and the remaining

portion of Kowloon not included under (ƒ),

550

400

(h.) Kowloon City and the remainder of

New Kowloon,................

350

Chinese Restaurant Licence :--

When the valuation of the premises

occupied is-

Under $500,

300

Annually in advance.

$500 or over, but under $2,000,

600

Over $2,000,

900

Do. Do.

Eating-houses (where no intoxicating

liquors are sold): -

In Victoria,

Annually in advance.

Elsewhere,

Do.

Canteen Licence,..

Do.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

121

THIRD SCHEDULE.

FORM No. 1.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Section 46.

Requisition to land Liquors on Payment of

Duty under Section 46 (2).

To the Superintendent of Imports and Exports.

Sir,

Please issue a Permit to land on the

and steamship

day of

a.m.

19 between the hours of p.m. the liquors described hereunder from the which arrived on the

from

DESCRIPTION OF LIQUORS :

Nature of

liquors. Date

Marks on casks,

cuses $e.

Quantity of

liquors.

Importers.

FORM No. 2.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Requisition to land Liquors to be stored in a King's or Licensed Warehouse under Section 46 (3). To the Superintendent of Imports and Exports.

Sir,

Please issue a Permit to land on the

and steamship

day of

a.m.

19 between the hours of p.m. the liquors described hereunder from the which arrived on the

and to store the same in the warehouse at

from

DESCRIPTION OF LIQUORS:

Nature of

liquors.

Date

Marks on casks,

cases, &c.,

Section 46.

Quantity of

liquors.

Importers.

Section 47.

FORM No, 3.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911."

Requisition to land Denatured Spirits under Section 47 (2).

To the Superintendent of Imports and Exports.

Sir,

Please issue a Permit to land on the

and

p.m.

spirits from the steamship

day of between the hours of a.m. gallons of denatured which

arrived on the

from

the said spirits being contained in

marked

Date

Importers.

FORM No. 4.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911.

Permit to land Liquors on which Duty has been paid under Section 46 (1) and (2).

Permission is hereby given to

on the hours of

day of

to land between the

a.m. and p.m. from the steamship the liquors described below upon which duties.

have been duly paid.

DESCRIPTION of Liquors :

Nature of liquors.

Date

Marks on casks,

cases, &c.

Quantity of

liquors.

Superintendent of Imports and Exports.

Note. If this Permit is not made use of on the day in respect of which it is issued it must be returned within 24 hours to the office of the Superintendent of Imports and Exports (Section 54).

Section 16.

122

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

¡Section 46.

FORM No. 5.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Permit to land Liquors to be placed in a King's or Licensed Warehouse under Section 46 (1) and (3). Permission is hereby given to

on the hours of

day of

to land between the

a.m. and p.n. from the steamship the liquors described below provided that the said liquors shall be immediately stored in the warehouse at

Nature of liquors.

Date

DESCRIPTION of Liquors :

Marks on casks,

Quantity of

cases, &c.

liquors.

Superintendent of Imports and Exports.

Note. If this Permit is not made use of on the day in respect of which it is issued it must be returned within 24 hours to the office of the Superintendent of Imports and Exports (Section 54).

Section 47.

Section 48.

FORM No. 6.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Permit to land Denatured Spirits under Section 47 (1).

Permission is hereby given to

the hours of

to land on the

day of

a.m. and

inarked

between

p.m. from the steamship gallons of denatured spirits contained.

provided that the said spirits shall be immediately placed and retained in the

warehouse at pending production of proof that the same are denatured spirits as defined in the Ordinance.

Date

Superintendent of Imports and Exports.

Note. If this Permit is not made use of on the day in respect of which it is issued it must be returned within 24 hours to the office of the Superintendent of Imports and Exports (Section 54).

FORM No. 7.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Audit No.

Form of Receipt of Duty under Section 48.

I the Superintendent of Imports and Exports hereby acknowledge the receipt from

of the sum of dollars being the amount

and cents

payable as duty on the liquors described below which are now stored at

Section 49.

DESCRIPTION of Liquors : Nature of Marks on casks, Liquors. cases, &c.

Date

No. of gallons.

Duty per gallon.

Total

duty.

Superintendent of Imports and Exports.

FORM No. 8.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911."

Requisition to export under Section 49 (2).

To the Superintendent of Imports and Exports

Sir,

Please issue a Permit to move from

warehouse at

on the

day of

between the hours of

a.in. and

steamship

consigned to

liquors described below for export to

DESCRIPTION OF LIQUORS:

p.. the dutiable by The said liquors are being

Nature of

Marks on casks.

liquors. Date

cases, &c.

Quantity of

liquors.

Exporters.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

123

FORM No. 3.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911."

Permit to move for Export under Section 49 (1).

Permission is hereby given to

move from

warehouse at

on the

day of

between the hours of

a.m. and

liquors described below for export to

p.. the dutiable

by steamship

Nature of

liquors.

Quantity of

liquors.

Date

Note.

DESCRIPTION OF LIQUORS:

Marks on casks.

cases, &c.

Superintendent of Imports and Exports,

If this permit is not made use of on the day in respect of which it is issued it must be returned within 24 hours to the office of the Superintendent of Imports and Exports (Section 54).

FORM No. 10.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911."

Requisition to move under Section 60 (2).

To the Superintendent of Imports and Exports.

Sir,

Please issue a Permit to move from

warehouse at

on the

between the hours of

day of a.m. and

p.m. the liquors

described below.

(Add "to

warehouse at

oľ

Duty will be paid on the said liquors before removal or (in case of denatured spirits) "Proof has been afforded that the said liquors are denatured spirits as defined in the Ordinance as the circumstances may require.)

DESCRIPTION OF LIQUORS :

Nature of

liquors.

Date

Marks on casks,

cases, sc.

Quantity of

liquors.

Owners or Importers.

FORM No. 11.

THE LIQUORS CONSOLIDATION ORDINANCE, 1911.'

Permit to more under Section 60 (1).

Permission is hereby given to

to move from

warehouse at

on the

day of

between the hours of

a.m. and

p.m. the liquors

described below.

(Add if so required on condition that the said liquors

shall be immediately placed in

warehouse at

".)

DESCRIPTION OF LIQUORS :

Nature of

liquors.

Date

Marks on casks,

cuses, &c.

Quantity of liquors.

Superintendent of Imports and Exports.

FORM No. 12.

"THE LIQUORS CONSOLIDATION ORDINANCE, 1911." Appointment of Revenue Officers under Section 66 (1).

A. B. of

whose

photograph is hereto attached is hereby appointed to be a Revenue Officer under the Liquors Consolidation Ordinance, 1911, and is duly vested with all the rights powers and immunities of such office under the provisions of the said Ordinance from this date until the

day of

Date

Superintendent of Imports and Exports.

Section 49.

Section 60.

Section 66.

124

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Section 66

(5).

Section 66 (5).

FOURTH SCHEDULE.

ORDINANCES REPEALED BY THIS ORDINANCE,

No.

Year.

1898

1908

1909

1909 1910 1910 1910

Titie

The Liquor Licences Ordinance 1898. The Liquor Licences Extension Ordinance 1908. The Liquors Ordinance 1909.

The Liquors Ordinance Amendment Ordinance 1909 The Liquor Licences Amendment Ordinance 1909. The Liquors Ordinance Amendment Ordinance 1910. The Liquors Amendment (No. 2) Ordinance 1910. The Liquor Licences AmendmenÖtrdinance 1910.

FIFTH SCHEDULE.

EXAMINATION OF A CANDIDATE FOR THE POST OF NATIVE REVENUE OFFICER.

Questions.

Answers.

1. Name.

2. Age.

3. Where born.

4. Trade or calling.

5. Single or married.

6. Number of children.

7. What previous service under Government.

8. When discharged.

9. And why.

10. With whom last employed.

11. And where.

12. What dialects of Chinese can you speak ?

Dated the

day of

Approved for medical examination.

Dated the

day of

(Signed)

Candidate.

(Signed)

Superintendent.

MEDICAL CERTIFICATE.

for

I hereby certify that I have examined the above candidate as to his health and bodily strength, and that I consider him service as a Native Revenue Officer.

Dated the

day of

(Signed)

Principal Civil Medical Officer.

SIXTH SCHEDULE.

EXAMINATION AND OATH BEFORE A MAGISTRATE,

Questions to be put separately by the Magistrate to a person engaging to serve as a Native Revenue Officer.

Questions.

1. What is your name?

2. In what place were you born?

3. What is your trade or calling?

Answers.

4. Have you any disability or disorder which impedes the free use

of your limbs or unfits you for ordinary labour ?

5. Are you willing to serve as a Native Revenue Officer for the term

years from

make oath that the above questions have been separately put to me, that the answers thereto have been read over to me, and that they are the same that I gave and are true.

I also make oath that I will well and faithfully serve His Majesty, His Heirs and Successors, for the term of Revenue Officer.

years as a Native

(Signed)

Candidate.

(Signed)

Witness.

Sworn before me at Victoria, Hongkong, this

day of

(Signed)

Magistrate.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

in-Council.

3. The Governor-in-Council may at all times exercise Veto of a power of veto if he should disapprove of any Governor- decision of the Court of the University on the grounds that the interests of the Colony would be injuriously affected or that the proposal is ultra vires or unconstitu- tional or for other good cause, but the said Court may if they so desire appeal to the Secretary of State against the veto of the Governor-in-Council.

4. The University shall have the powers following:- Powers

(1.) To grant and confer Degrees and other

academie distinctions to and on persons who shall have pursued an approved course of study in the University and shall have passed the examinations prescribed by the University under conditions laid down in its Statutes or Regulations.

(2.) To admit Graduates of other Universities to Degrees of equal or similar rank in the University.

(3.) To grant Diplomas. Certificates or other distinctions to persons who have pursued at course of study approved by the University under conditions laid down by the Univer- sity.

(4.) To confer Honorary Degrees or other distinctions subject to any provisions which are or may be made in reference thereto by the Statutes or Regulations of the University.

(5.) On good cause shown to deprive persons of any Degrees, Diplomas, Certificates or Distinctions granted to or conferred upon them by the University.

(6.) To provide for instruction in such branches of learning as the University may think fit and also to make provision for research and for the advancement and dissemination of knowledge.

(7.) Upon request by the proper authority to ex- amine and inspect schools and other educa- tional institutions and grant Certificates of proficiency or other distinctions and to pro- vide such lectures and instruction for persons not members of the University as the University may determine.

(8.) To accept the examinations and periods of study passed by Students of the University at other Universities or places of learning (including therein the Hongkong College of Medicine) as equivalent to such examina- tions and periods of study in the University as the University may determine, and to withdraw such acceptance at any time. Provided that (subject to sub-sections 2 and 4 of this section) the University shall in no case confer a Degree in Medicine or Surgery upon any person who has not attended in the University during two years at least courses of study recognised for such Degree, nor a Degree in any other Faculty upon any person who has not attended in the University during one year at least courses of study recognised" for such Degree: and Provided also that no Degree in Medicine or Surgery shall be conferred unless after a total period of five years study at the University or other University or place of learning as aforesaid,

127

128

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

nor a Degree in any other Faculty unless after a total period of four years" study at the University or other University or place of learning as aforesaid.

(9.) To affiliate other institutions or to admit the members thereof to any of its privileges, and to accept attendance at courses of study in such institutions in place of such part of the attendance at courses of study in the University and upon such terms and conditions and subject to such regulations as may from time to time be determined by the University, and to recognise any members of the teaching staff of any College or institution, whether affiliated to the University or not, as teachers of the University.

(10.) To co-operate by means of Joint Boards or otherwise with other Universities and Authorities for the regulation and conduct of Matriculation and other Examinations, for the examination and inspection of schools and other academic institutions, and for the extension of University teaching and influence in academic matters, and for such other purposes as the University may from time to time determine.

(11.) To accept the Examiners of the London or

other University either wholly

or in part as examiners for any degree or distinction of the University and to adopt the verdict of such examiners as the basis of the qualification for such degree.

(12.) To enter into an agreement under the Seal of the University in the terms set out in the Third Schedule hereto with the Hongkong College of Medicine for the incorporation of that College in the Univer- sity and for taking over its property liabilities and engagements.

(13.) To enter into any agreement with any other institution for the incorporation of that institution in the University and for taking over its property and liabilities and for any other purpose not repugnant to this Ordinance.

(14.) If necessary to promote a Bill or Bills in the Legislative Council of Hongkong to confirm or carry out any such agreement as above referred to.

(15.) To institute Professorships, Lectureships, Teacherships and any other offices required by the University and to appoint to such offices.

(16.) To institute and award Fellowships, Scholarships, Exhibitions, Bursaries and

Prizes.

(17.) To approve Halls and Hostels for the

residence of Students.

(18.) To make provision for Research, and to furnish Scientific Advice for public pur- poses, and for these objects to enter into such arrangements with other institutions or with public bodies as may be thought desirable.

(19.) To appoint a Committee in England or elsewhere for the purpose of recommending or of selecting for the approval of the Court of the University the Principal and other

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

DECLARATION IN LIEU OF OATH,

solemmly, sincerely, and truly declare that the above questions have been separately put to me, that the answers thereto have been read over to ine, and that they are the same that I gave and

are true.

I also solemnly, sincerely, and truly declare that I will well and faithfully serve His Majesty, His Heirs and Successors, for the term of

as a Native Revenue Officer,

(Signed)

Candidate.

Witness.

Declared before me at Vietoria, Hongkong, this day of

125

(Signed)

Magistrate.

THE UNIVERSITY ORDINANCE. 1911.

CONTENTS.

ORDINANCE.

Section. Page.

Recitals

Constitution

Visitor and Patrons

Veto of Governor-in-Council

Powers

126

127

Authorities

129

Chancellor....

129

Pro-Chancellor

129

Principal and Vice-Chancellor

129

Pro-Vice-Chancellor...

129

Court

129

Council

130

Senate

130

Faculties

13.

130

Statutes

14.

130

Regulations

131

Examiners

131

Rules of procedure

131

Race, Nationality and Religion

131

Dividends prohibited

131

Real Property

131

Personal Property

132

Mortgages

Construction

132

Short title

132

SCHEDULES.

FIRST SCHEDULE.

Members of Court..

Members of Council,

133

134

SECOND SCHEDULE.

Statutes.

Statute.

Preliminary

134

Members

134

Officers

134

Court

135

Meetings of the Court and Quorum...

136

Powers of the Court..

136

Council

136

Powers of the Council

137

Senate

139

Powers of the Senate

140

Faculties .....

141

Powers of the Boards of Faculties....

141

Congregations

141

Examinations

142

Committees

142

Advisory Boards

142

Removal of Officers and Members

143

...

Acts during Vacancies.

143

Contracts, &c.

143

Residence

143

Entrance to the University

Benefactions and Scholarships

Tai Koo Chair ...

THIRD SCHEDULE.

Agreement with the Hongkong Col-

lege of Medicine

FOURTH SCHEDULE.

List of Mortgages.............

144

145

146

126

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

HONGKONG.

No. 10 OF 1911.

An Ordinance for the incorporation and regula-

tion of the University of Hongkong.

Recitals.

Constitu- tion.

Visitor.

Patrons.

F. D. LUGARD, Governor.

[30th March, 1911.]

WHEREAS it is desirable to establish an University within the Colony of Hongkong for the promotion of Arts, Science and Learning, the provision of higher educa- tion, the conferring of degrees, the development and formation of the character of students of all races, nationalities and creeds, and the maintenance of the good understanding with the neighbouring Empire of China :

AND WHEREAS through the liberality and munificence of Sir Hormusjee Nowrojee Mody suitable buildings for an University are in course of erection upon certain Crown Land in the Colony which His Majesty the King has been graciously pleased to grant for that purpose, AND WHEREAS many firms and individuals of British, Chinese and other nationalities have generously sub- scribed funds for the equipment and endowment of such University:

AND WHEREAS it is desirable to incorporate the Uni- versity and to provide for its regulation :

AND WHEREAS the Hongkong College of Medicine' (incorporated under Ordinance No. 2 of 1907) has agreed to become incorporated with the University of Hongkong constituted by this Ordinance.

BE IT THEREFORE ENACTED by the Governor of Hongkong, by and with the advice and consent of the Legislative Council thereof, as follows:--

1. There shall be established in the Colony of Hong- kong an University with the name and style of "The University of Hongkong", by which name the Chancellor and other Members of the University for the time being are hereby constituted one body politic and corporate with perpetual succession and a Common Seal, and with full power by and in such name to sue and be sued, and without any further licence to take by gift or otherwise, purchase and hold, grant, demise or otherwise dispose of real or personal estate and with the other powers conferred by this Or- dinance or by any Stature or Regulation made there- under.

2. (1.) Should His Majesty the King himself deign to become a Visitor of the University or to appoint a member of the Royal Family in that behalf, His Ma- jesty or such member of the Royal Family shall forth- with become a Visitor as aforesaid and shall exercise such powers of supervision as may seem good to him.

(2.) The Governor of Hongkong and Chang Jen- Chun, lately Governor General of the Liang Kuang provinces, shall be l'atrons of the University. Additional Patrons may be appointed on the recommendation of the Court approved by the Governor-in-Council.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

129

Academic Officers of the University, with power if it be deemed advisable to act finally on behalf of the said Court in any case in which the Court may empower it to so act. (20.) To do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University as a Teaching and Examining Body and to cultivate and promote Arts, Science and Learning.

5. The Authorities of the University shall be the Authorities. Chancellor, Vice-Chancellor, the Court, the Council and the Senate.

6. The Chancellor of the University shall be the Chancellor. President of the Court. The Governor shall be the

Chancellor of the University.

7. The Court shall elect one of its members as Pro- Pro-Chan- Chancellor of the University. The Pro-Chancellor cellor. shall (subject to the Statutes of the University) in the absence of the Chancellor, or during any vacancy in the office of Chancellor, exercise the functions of Chan- cellor Provided that he shall not confer Degrees except in the absence of both Chancellor and Vice- Chancellor.

and Vice-

8. The Principal of the University shall be nominated Principal by the Council after consultation with the Senate and Chancellor. appointed by the Court and shall be Vice-Chancellor of the University and ex-officio Chairman of the Senate and shall in the absence of the Chancellor confer De- grees. The first Principal may be appointed before the Senate is constituted.

9.-(1.) There shall be a Pro-Vice-Chancellor of the Pro-Vice- University. He shall be appointed by the Council from Chancellor, the members of the Senate after consultation with the -Senate and shall subject to the Statutes of the Uni- versity act for the Vice-Chancellor during any vacancy in that office or during the absence or inability of the Vice-Chancellor.

(2.) The Treasurer of the University shall be nomni- Treasurer. nated by the Council and appointed by the Court.

(3.) The Registrar, Bursar and such other officers as Other may be necessary shall be appointed by the Council.

THE COURT.

Officers.

10. The Supreme Governing Body of the University Court. shall be the Court which, subject to this Ordinance, the Statutes of the University and the Laws of the Colony, shall exercise all the powers and authority of the Uni- versity. The constitution of the Court shall be defined · by the Statutes of the University.

The Court shall have power by such Statutes to increase or diminish the number of its members by increasing or diminishing the number to be nominated or appointed by the persons or bodies possessing the right of nomination or appointment or by adding other bodies with a right to nominate or appoint represent- atives or in any other manner.

The first Members of the Court shall be the persons named, indicated or referred to in the first part of the First Schedule hereto. Except as herein provided and subject to the Statutes of the University the Court may determine all mafters relating to the appointment and election of future Members of the Court and their res- pective periods or terms of office and all other matters relating to the constitution of the Court.

130

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Council.

Senate

Faculties.

Statutes, &c.

The Statutes of the University shall regulate the elec- tion and continuance in office of the Members of the Court (including the continuance in office of the first Members), the filling of vacancies among the Members. and all other matters relative to the Court which it may he thought are proper to be so regulated.

THE COUNCIL.

11. There shall be a Council which shall be the Ex- ecutive Body of the University and shall have power to direct the use of the University Seal, and, subject to the Statutes of the University and the control of the Court as regulated by the Statutes, shall have the government and control of the Finances of the University and of the affairs and property of the University, and subject to the provisions of this Ordinance and of the Statutes all such other powers as may be delegated to it by the Court. The Chairman of the Council other than the first Chairman shall be elected from among its members by the Council.

The first Chairman and Members of the Council shall be the persons named, indicated or referred to in the second part of the First Schedule hereto.

The Statutes of the University shall regulate the elec- tion and continuance in office of the Members and Chairman of the Council (including the continuance in office of the first Members and Chairman), the filling of vacancies among the Members, and all other matters relative to the Council which it may be thought are proper to be so regulated.

THE SENATE.

12.--(1.) There shall be a Senate which shall, subject to the Statutes and Regulations of the University and the control and approval of the Council, have the regu- lation and control of the Curriculum and Education afforded by the University and such other powers as may be conferred upon it by the Statutes of the Uni-- versity.

(2.) Subject to the agreement in the Third Schedule hereto, the Vice-Chancellor, the Professors of the Uni- versity, the Director of Education, the Lecturers whose services are exclusively at the disposal of the University and such other Lecturers as shall from time to time be determined by the Statutes of the University, shall form the Senate.

THE FACULTIES.

13. (1.) There shall be Faculties of Medicine and Engineering and thereafter such other Faculties as may from time to time be constituted by the Court, priority being given to Science and Arts Faculties in the latter of which due provision shall be made, for the study of the Chinese language and literature.

(2.) There shall be a Board and a Dean of each Faculty with such powers respectively as may be prescribed by Statute or Regulation subject however as to the Faculty of Medicine to the agreement with the Hongkong College of Medicine set forth in the Third Schedule hereto.

STATUTES AND REGULATIONS,

14. The Statutes set forth in the Second Schedule hereto shall be the first Statutes of the University, The Court may add to, amend, alter or repeal the Sta- tutes for the time being (including those set forth in the said Second Schedule hereto), but no such addition, amendment, alteration or repeal shall be valid or opera- tive until allowed by the Governor-in-Council and published in the Gazette.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

131

The Statutes of the University may direct that any of the matters by this Ordinance authorised or directed to be prescribed, governed or regulated by Statutes of the University shall be prescribed, governed or regulated by Regulations of the University.

15. Regulations shall be made in such manner and Regulations. by such bodies and in respect of such matters as may

be prescribed by the Statutes of the University.

Regulations may add to, amend, alter or repeal Regulations from time to time in force.

EXAMINERS AND EXAMINATIONS.

16. All Examinations held by the University shall Examiners. be conducted in such manner as the Statutes and Regulations shall prescribe, provided that at least one external and independent Examiner shall be appointed for each group of subjects forming part of the course of studies required for University Degrees, but this proviso shall not apply to Examinations for admission or entrance to the University.

GENERAL PROVISIONS.

17. The Court, the Council, the Senate and the Facul- Rules of ties respectively may from time to time make Rules procedure. for governing, subject to this Ordinance and the Statutes and Regulations of the University, the pro- ceedings of those bodies respectively. The power to make Rules shall include the power to add to, amend, alter or repeal any theretofore made. Copies of all such Rules shall be laid before the Court and Council.

18. It is a fundamental condition of the constitution Race, Nation- of the University that no distinction of race or nation- ality and ality shall be permitted and that no test of religious Religion. belief or profession shall be imposed upon any person in order to entitle him to be admitted as a Member, Professor, Lecturer, Teacher or Student of the Univer- sity or to hold office therein or to graduate thereat or to hold any advantage or privilege thereof.

19. The University shall not make any dividend, Dividends gift, division or bonus in money unto or between any prohibited. of its members except by way of prize, reward or special grant.

20, The area of Crown Land situate to the South of Real Bonham Road and to the East of Pokfulam Road in Property. the Colony of Hongkong and delineated and described on the plan thereof signed by the Governor and by the Director of Public Works and deposited in the Land Office of the Colony of Hongkong, and all buildings now erected or in course of erection or hereafter to be erected thereon, and all rights, easements and appur- tenances thereto belonging shall immediately upon the. passing of this Ordinance vest in the University of Hongkong and its Successors in fee simple for ever for the purposes of this Ordinance free of Crown Rent: Provided always that the University of Hongkong or its successors shall not sell, convey or dispose of the said area of Crown Land or buildings or any part thereof to any person or corporation without the written licence of His Majesty, His Heirs or Successors first had and obtained. Provided also that if the said land and buildings or any part thereof shall at any time hereafter cease to be used for the purposes of a Univer- sity in accordance with the provisions of this Ordin- ance or any Ordinance hereafter enacted amending this Ordinance or in substitution for this Ordinance the said land and buildings or part thereof as the case may be shall revert to and become the absolute property of the Crown as part of the Crown Lands of the Colony.

132

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Personal property.

Mortgages.

Construc- tion.

Short title.

21. All monies already subscribed for the purposes of the University whether on deposit in any name or names in any Bank or not and all investments of such monies, and all interest, income and profits arising from such investments and all securities therefor shall vest in the University of Hongkong absolutely.

22. All the leasehold lands, buildings, tenements and premises described in the first column of the Fourth Schedule hereto which were immediately before the passing of this Ordinance vested in the persons whose names are stated in the second column of the said Schedule as Trustees for the University and all rights, easements

easements and appurtenances thereto belonging and the Mortgage debts secured by the several Indentures of Mortgage of the said leasehold lands, buildings, tenements and premises specified in the third column of the said Schedule and all interest. accrued or accruing thereon and the benefit of all the covenants powers and provisoes in the said Indentures of Mortgage contained shall immediately after the com- mencement of this Ordinance vest in the University of Hongkong and its Successors for all the unexpired residues of the respective terms of years assigned to the said Trustees or other the interest of the said Trustees therein subject to the equities affecting the same respectively.

23. This Ordinance shall ever be construed benevo- lently and in every case most favourably to the Uni- versity of Hongkong and the promotion of the objects of this Ordinance.

24. This Ordinance may be cited as the University Ordinance, 1911.

Passed the Legislative Council of Hongkong, this 23rd day of March, 1911.

R. H. CROFTon,

Clerk of Councils,

Assented to by His Excellency the Governor, the 30th

day of March, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

133

THE FIRST SCHEDULE.

PART I.

THE COURT.

The following persons shall be the first Members of the Court:-

•

CHANCELLOR.

His Excellency Sir Frederick John Dealtry Lu- gard, K.C.M.G., C.B., D.S.O., Governor and Commander-in-Chief of Hongkong and its Dependencies (or the Officer Administering the Government of Hongkong).

THE VICE-CHANCELLOR.

THE PRO-VICE-CHANCELLOR.

THE TREASURER OF THE UNIVERSITY : Hon. Sir Catchick Paul Chater, Kt., c.M.G.

LIFE MEMBERS.

Sir Frederick John Dealtry Lugard, K.C.M.G,,

C.B., D.S.O.

Sir Hormusjee Nowrojee Mody, Kt.

Hon. Sir Catchick Paul Chater, Kt., C.M.G. James Henry Scott.

Cheung Pat Sz.

Sir Francis Henry May,)

K.C.M.G.

Francis William Clark,

M.D., M.R.C.P., D.P.H. Hon. Mr. Henry Edward

Pollock, K.C.

Gregory Paul Jordan,

M.B., C.M., M.R.C.S. Rev. Thomas William

Pearce.

Hon. Dr. Ho Kai, C.M.G.,

M.B., M.R.C.S.

Robert MacLean Gibson,

M.D., C.M.

Members of the Court of the Hongkong College of Medicine.

EX-OFFICIO MEMBERS.

The Chief Justice.

The Honourable Members of the Executive

Council of Hongkong.

The Honourable Members of the Legislative

Council of Hongkong.

The Registrar General.

The Principal Civil Medical Officer.

The Director of Education.

The Dean of cach Faculty of the University.

The Registrar of the University.

NOMINATED MEMBERS.

(To be nominated by His Excellency the Governor, not being already included in either of the foregoing classes and being resident in the Colony.)

Four British.

Six Chinese.

Two representatives of Asiatic races other than

Chinese.

Three representatives of the Grant-in-Aid Schools in Hongkong to be selected by the Governor from among the nominees of the Governing Bodies of such schools.

Provided that the Court shall be deemed to be suffi- ciently constituted for the purpose of transacting business immediately after the commencement of this Ordinance although any of the above named members requiring to be appointed, selected or nominated have not been so appointed, selected or nominated.

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

PART II.

THE COUNCIL.

FIRST CHAIRMAN OF COUNCIL.

Sir F. J. D. Lugard, K.C.M.G., C.B., D.S.O., for two years from the commencement of the Ordinance.

The following persons shall be the first Members of the said Council :---

The Vice-Chancellor.

The Treasurer of the University.

The Pro-Vice-Chancellor

The Director of Public Works.

The Registrar General.

The Principal Civil Medical Officer.

The Director of Education,

Two British Members and three Chinese Members of the Court elected by the Court.

Four members of the Senate elected by the Senate of whom two shall be Professors or Lecturers whose services are exclusively at the disposal of the Univer- sity and two other Lecturers.

Provided that the Council shall be deemed to be sufficiently constituted for the purpose of transacting business immediately after the commencement of this Ordinance although any of the above named members requiring to be appointed or elected have not been so appointed or elected.

THE SECOND SCHEDULE.

STATUTES OF THE UNIVERSITY Statute 1.

PRELIMINARY.

These Statutes shall be interpreted in such manner

as not to conflict with the Ordinance.

Words defined in the Ordinance or the Statutes shall have the same meaning in the Regulations unless the context be repugnant thereto.

Statute 2.

THE MEMBERS OF THE UNIVERSITY.

The following persons shall be Members of the University:--

The Officers of the University, ciz. :-

The Chancellor, Pro-Chancellor, Vice- Chancellor, Treasurer, Pro-Vice-Chan- cellor, Deans of the Faculties, Registrar and Bursar.

The Members of the Court.

The Members of the Council.

The Members of the Senate.

The Members of the Faculties.

The Emeritus and Honorary Professors. The Teaching Staff of the University. The Graduates.

The Undergraduates.

Membership of the University shall continue so long as one at least of the qualifications above enumerated shall continue to be possessed by the individual member.

Statute 3.

THE OFFICERS OF THE UNIVERSITY.

1. The Pro-Chancellor shall be elected for three years, and shall be eligible for re-election.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

1 ...

2. The Vice-Chancellor shall hold office for such period and under such conditions as shall be set forth in his Letter of Appointment as Principal.

3. The Pro-Vice-Chancellor shall hold office for three years, and be eligible for re-election.

4. The Treasurer shall be elected for three years and shall be eligible for re-election.

5. The Dean of each Faculty shall be elected by the Board of that Faculty subject to the approval of the Senate and shall be appointed by the Council.

6. The Dean shall, unless the Council with the consent of the Faculty otherwise direet, be Chairman of the Board of the Faculty and prepare business for it. He shall be a Member ex-officio of all Committees of the Faculty and shall present candidates for Degrees (except Honorary Degrees) in the subjects of the Faculty. He shall, except when otherwise directed by the Council, hold office for one year, and shall be eligible for re-election.

7. The Council shall appoint a Registrar, Bursar and such other officers of the University as may be found desirable, with such duties, at such remuneration and upon such terms and conditions as it shall deem fit.

8. The Registrar, if so required by the Council, shall act as Bursar of the University and may in that capacity be called upon to find such security as the Council may require.

9. The Court shall from time to time appoint an Auditor or Auditors who shall not be a member or members of any of the University Governing Bodies.

10. The Auditor's term of office shall be one year. The Auditor or Auditors shall be eligible for re-election.

11. The Professors and Lecturers whose services are exclusively at the disposal of the University shall not engage in private professional practice except at the request of and in consultation with a private practi- tioner in general practice in the Colony, either during the tenure of their appointments or for a period of seven years following the termination of their engage- ments with the University.

Statute 4.

THE COURT.

1. The Court shall consist of the following persons:- CLASS 1:--THE CHANCELLOR, THE VICE-CHANCELLOR, THE PRO-VICE-CHANCELLOR AND THE TREASURER OF THE UNIVERSITY.

CLASS 2:-LIFE MEMBERS,

Sir Frederick John Dealtry Lugard, K.C.M.G..

C.B., D.S.0,

Sir Hormusjee Nowrojee Mody, Kt.

Hon. Sir Catchick Paul Chater, Kt., c.3.6. James Henry Scott.

Cheung Pat Sz.

Sir Francis Henry May, )

K.C.M.G.

Francis William Clark,

M.D., M.R.C.P., D.P.H. Hon. Mr. Henry Edward

Pollock, K.C. Gregory Paul · Jordan,

M.B., C.M., M.R.C.S. Rev. Thomas William

Pearce.

Hon. Dr. Ho Kai, C.M.G.,

M.B., M.R.C.S.

Robert MacLean Gibson,

M.D., C.M.

Members of the Court of the Hongkong College of Medicine.

And such other Life Members as the Court may from

time to time appoint.

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

CLASS 3:-EX-OFFICIO MEMBERS.

The Chief Justice.

The Honourable Members of the Executive

Council of Hongkong.

The Honourable Members of the Legislative

Council of Hongkong.

The Registrar General.

The Principal Civil Medical Officer.

The Director of Education.

The Dean of each Faculty of the University,

The Registrar of the University.

CLASS 4:-NOMINATED MEMBERS.

(To be nominated by His Excellency the Governor not being already included in either of the foregoing classes, and being resident in the Colony.)

Four British.

Six Chinese.

Two representatives of Asiatic races other than

Chinese.

Three representatives of the Grant-in-Aid Schools in Hongkong from among the nominees of the Governing Bodies of such schools.

2. The ex-officio members shall continue members so long only as they hold the office in virtue of which they became members of the Court.

3. The nominated members shall hold office for three

years.

4. Vacancies shall be filled as they occur or as soon thereafter as conveniently may be.

5. Members retiring by effluxion of time may be re- appointed or re-elected.

6. Any member of the Court may resign by writing addressed to the Court, and in that case the vacancy shall be filled by the Court.

7. The above provisions so far as applicable shall apply to the first members of the Court.

8. The appointment of each member of the Court shall be notified in the Gazette.

Statute 5.

MEETINGS OF THE COURT AND QUORUM.

1. The Meetings of the Court shall be held at such times, and in such places and its procedure shall be controlled in such manner as shall be prescribed by Rules made by the Court.

2. Seven Members of the Court shall form a quorum

Statule 6.

POWERS OF THE COURT.

The Court may upon the recommendation of the Council and Senate appoint Honorary Professors and upon the like recommendation confer the title of Emeritus Professor upon any Professor who has retired from his office: Provided that an Honorary or Emeritus Professor shall not ex-officio have the right to a seat on the Senate or on the Board of any Faculty but may be invited by the Council on the recommendation of the Senate to take such part in the teaching of the University as may be determined from time to time.

riz.

Statute 7.

THE COUNCIL.

1. The Council shall consist of the following members,

·-------

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Class 1. The Chancellor, the Vice-Chancellor, the

Pro-Vice-Chancellor, the Treasurer, the Director of Public Works, the Registrar General, the Principal Civil Medical Officer and the Director of Education.

Class 2. Two British Members and three Chinese Members of the Court to be elected by the Court.

Class 3. Four Members of the Senate elected by the Senate, of whom two shall be Professors or Lecturers whose services are exclusively at the disposal of the University and two shall be other Lecturers.

2. The members in Class 2 shall, subject as herein- after mentioned, hold office for three years. the first yearly meeting of the Court and at every subsequent yearly meeting of the Court two of the members of this Class shall retire, those longest in office retiring on each occasion. The Council shall determine by ballot the order in which the first mem- bers of this Class shall retire. Any members retiring may be re-elected.

3. The members in Class 3 shall, subject as here- inafter mentioned, hold office for two years. At the first yearly meeting of the Senate, and at every subsequent yearly meeting of the Senate, one-half of the members of this class shall retire, those longest in office retiring on each occasion. The Senate shall determine the order in which the first members of this class shall retire. Any members retiring may be re-elected.

4. All vacancies in Class 2 may be filled up tem- porarily by the Council pending the next Assembly of the Court.

5. Any member of the Council may resign by writing addressed to the Registrar of the University.

6. The above provisions so far as applicable shall apply to the first members of the Council.

7. The appointment of each member of the Council shall be notified in the Gazette.

8. Seven Members of the Council shall form a

quorum.

Statute S.

POWERS OF THE COUNCIL.

Subject to the provisions of the Ordinance the Council shall in addition to all other powers vested in them have the following powers:----

1. To nominate the first Vice-Chancellor and also after consultation with the Senate the successors to the first Vice-Chancellor for appointment by the Court.

2. To appoint the Pro-Vice-Chancellor from the members of the Senate after consultation with the Senate.

3. Subject to the provisions of Part II of the First Schedule to elect its own Chairman and Vice-Chairman and to prescribe their periods of office. Provided that the Vice-Chancellor shall be Vice-Chairman unless elected to be Chairman.

4. To select and appoint Professors. Lecturers and other Academic Officers of the Univer- sity and after report from the Senate to appoint external examiners, provided that when the Senate is constituted no appoint- ment shall be made without consulting it. 5. To appoint a Registrar and other officers of

the University.

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

6. With the concurrence of the Senate, to rec- ommend to the Court names for Honorary Degrees.

7. To institute Professorships, Readerships, Lectureships or other teaching offices after report from the Senate subject to the approval of the Court.

s. To abolish or hold in abeyance after re- port from the Senate any Professorship, Lectureship, Readership or other academic office in the University subject to the approval of the Court.

9. To draft Statutes as and when it sees fit and submit the same to the Court for considera- tion and enactment.

10. To make Regulations subject to the veto of of the Court, in regard to any matters in respect of which Regulations are authorised to be made, except that in matters referring to Courses of Study, Degrees or Diplomas and Affiliation of Colleges or Recognition of Teachers, Regulations shall be submitted by the Senate to the Council which shall forward them to the Court for confirmation with such amendments as they may suggest.

All Regulations made under this sub- section shall be operative from the date on which they are made pending the necessary confirmation by the Court.

11. To exercise all such powers as are conferred on the Council by the Ordinance and Statutes and to carry the Ordinance, Statutes and Regulations into effect.

12. To govern manage and regulate the finances, accounts, investments, property, business and all affairs whatsoever of the University and for that purpose to appoint Bankers, Counsel, Solicitors and any other officers or agents whom it may seem expedient to appoint.

13. To invest any moneys belonging to the University, including any unapplied in- come. in such stocks, funds, fully paid shares or securities, mortgages, debentures or debenture stock as the Council shall from time to time think fit. whether authorised by the general law for the investment of trust moneys or not, and whether within the Colony of Hongkong or not, or in the purchase of leasehold property in the Colony, with the like power of varying such investments from time to time by sale and re-investment or otherwise. 14. To purchase, grant, sell, convey, assign, surrender and yield up, exchange, partition, mortgage, demise, reassign, transfer and accept leases of real and personal property on behalf of the University.

15. To provide the buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University, and to allocate such buildings, premises, furniture, apparatus and means to the different faculties with power to alter such allocation at any time.

16. To borrow money on behalf of the University and for the purpose (if the Court and Council think fit) to mortgage all or any part of the property of the University whether real or

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

139

personal or give such other security whether upon such real or personal property or otherwise as the Council think fit, provided that the moneys borrowed and owing by the University shall not at any time exceed in the whole the sum of $100,000 except with the sanction of a Resolution passed at one meeting of the Council and confirmed by the vote of three-fourths of the members present and voting at a subsequent meeting of the Council specially convened for the purpose and held not less than seven days after the former.

17. To enter into, vary, carry out, and cancel

contracts on behalf of the University. 18. To review the Instruction and Teaching of

the University.

19. To promote research within the University and to require reports from time to time on such research.

20. To review, refer back, control, amend or disallow any act of the Senate and give directions to the Senate without prejudice to the rights of the Senate under paragraphs 4, 6 and 10 of this Statute. 21. To entertain, adjudicate upon, and if thought fit redress any grievances of the Officers of the University, the Teaching Staff, the Graduates, Undergraduates and the Univer- sity Servants who may for any reason feel aggrieved otherwise than by the action of the Court.

22. To select a Seal, Arms and a Mace for the University subject to the approval of the Court and have the sole custody and use of the Seal.

23. To approve Halls, Hostels and quarters for the residence of Undergraduates and to frame or approve Regulations for the same. 24. To appoint (subject to the approval of the Court) the Committee of selection referred to in Section 4 (19) of the Ordinance.

Statute 9.

THE SENATE.

(1.) The Senate shall consist of the following per-

sons :-

(a.) The Vice-Chancellor.

(b.) The Pro-Vice-Chancellor.

(c.) The Professors and Lecturers whose services are exclusively at the disposal of the Uni- versity.

(d.) The Director of Education.

(e.) A number of other Lecturers equal to that of the Professors and Lecturers whose services are exclusively at the disposal of the University to be nominated by the Boards of Faculties, approved by the Council and appointed by the Court. Provided that, subject to the Agreement contained in the Third Schedule hereto, the total number of representatives of any one Faculty shall be in such proportion to the representation of other Faculties as the Court may deter- mine and

Provided also that the Senate shall be deemed to be sufficiently constituted for the purpose of transacting business as soon as the Principal and three of the Professors or Lecturers whose services are exclusively at the disposal of the University have been appointed.

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

(2.) The Vice-Chancellor or in his absence the Pro-Vice-Chancellor shall preside at the meetings of the

Senate.

(3.) Five members of the Senate shall form a quorum.

Statute 10.

POWERS OF THE SENATE.

The Senate shall have the powers following:----

1. The direction and general regulation of the instruction and education within the Uni- versity and of the Examinations held by the University (subject to the control of the Council).

2. To appoint Internal Examiners after report from the Board of Faculty or Boards of Faculties concerned.

3. To recommend External Examiners for ap- pointment by the Council after report from the Board of Faculty or Boards of Faculties concerned.

4. To report to the Council after report from the Board of Faculty or Boards of Faculties concerned on all Regulations relating to Courses of Study, Degrees or other distinc- tions of honour or research.

5. To review, refer back, control, amend or disallow any act of any Faculty and to give directions to the Faculties.

6. To report to the Council on Statutes or Re- gulations or proposed changes of Statutes or Regulations.

7. To report on any matter referred to or delegat-

ed to them by the Court or the Council. 8. To discuss and declare an opinion on any matter whatsoever relating to the Univer- sity.

9. To make recommendations to the Council as to the appointment of Professors and Lec- turers of the University and on delegation of the Council to appoint other Academic Officers of the University not being Profes- sors or Lecturers.

10. To make recommendations to the Council as to the removal of any of the teaching staff of the University or as to the appointment of additional teaching staff.

11. To formulate and modify or revise schemes for the organisation of Faculties of Medicine, Engineering, Arts and Science and any other Faculties of the University, and to assign to such Faculties their respective subjects, and to formulate, modify or revise schemes for the organisation of Schools and Departments and to submit such schemes to the Council.

12. To fix, subject to any conditions made by the Founders which are accepted by the Council and to Statute 22 the times and mode and conditions of competition for Fellowships, Scholarships and other Prizes and to award the same.

13. To regulate subject to Statute 21 and to the Regulations of the University the admission of persons to courses of the University.

14. To make provision for the discipline of the Undergraduates and Students of the University and to suspend or expel any Undergraduate or Student when thought necessary and generally to carry out the same provisions.

}

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

15. To take cognisance of and encourage re-

search.

16. To remove Examiners for negligence or misconduct during their term of office and in case of such removal to appoint a substitute during the remainder of the Examinations.

17. To recommend to the Council for submission to the Court names for Honorary Degrees. 18. To do such other acts and things as the

Court or Council shall authorise.

19. No new Degree shall be established or other distinction of honour or merit adopted except after consultation with the Senate.

Statute 11.

THE FACULTIES.

The Board of each Faculty shall, subject to the Agreement contained in the Third Schedule hereto, consist of the following members, viz. :

1. The Vice-Chancellor.

2. The Dean of the Faculty.

www.

ex-

3. The Professors and Lecturers in the Subjects of the Faculty whose services are clusively at the disposal of the University. 4. Such other Lecturers as the Council may

determine after report from the Senate. 5. Such other persons (if any) as the Council may determine after report from the Senate provided that their number shall at no time exceed one-fourth of the total num- ber of the members of the Board of that Faculty.

Statute 12.

POWERS OF THE BOARDS OF FACULTIES. The Board of each Faculty shall have the powers following:---

1. To regulate subject to the control of the Council and Senate the conduct of Examinations in the subjects assigned to the Faculty.

2. To recommend to the Senate the examiners

for appointment.

3. To nominate Departmental Committees to consider and report on any special subject or combination of subjects and such Departmental Committees may include members of other Faculties.

4. To report to the Senate on Statutes and Regulations dealing with courses of study for Degrees and other distinctions and on any questions relating to the work of the Faculty.

5. To deal with any matter referred to it by the

Senate.

6. The Boards of Faculties shall be responsible to the Senate for the teaching of the subjects assigned to their respective Faculties and shall report to the Senate thereon from time to time.

Statute 13. CONGREGATIONS.

Congregations of the whole University for the conferring of Degrees or other purposes shall be held in a manner to be prescribed by Regulations and shall be presided over by the Chancellor or in his absence by the Vice-Chancellor.

141

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THE HONGKONG GOVERNMENT GAZETTE, MARCHC 4, 1911.

Statute 14. EXAMINATIONS.

1. The Examinations for the degrees of the Univer- sity shall be conducted by such of the members of the Teaching Staff as may in that behalf be appointed under the powers hereinbefore mentioned and by external and independent Examiners.

2. The Vice-Chancellor may without any report if he shall think fit in case of a vacancy occurring during an examination or of other emergency requiring an immediate appointment appoint an examiner (such examiner if the case be that of an external examiner to be an external examiner) to act for the examination then pending.

Statute 15.

COMMITTEES.

1. The Court, Council, Senate and Faculties may respectively appoint such and so many standing and special Committees as may seem to them fit for the purpose of dealing with any subjects or matters de- legated to such Committee and any such Committees (if appointed by the Court or Council) may (if thought advisable) include persons who are not members of the bodies appointing them. The powers and duties of such Committees shall be such as the bodies appointing them from time to time direct and may be revoked, altered or enlarged as to the appointing bodies shall

seem meet.

2. The Council may make regulations for the pro- ceedings of all Committees but subject thereto every Committee may regulate its own procedure, times and places of meeting.

3. The Chairman of the Council and the Vice- Chancellor or if these be identical the Pro-Vice- Chancellor shall ex-officio be members of every Committee of the Court, Council and Senate and of every joint Committee of the Court, Council and Senate.

4. The Vice-Chancellor shall be ex-officio a Member of all Committees of the Senate and Faculties.

5. The Deans of Faculties shall be ex-officio Members of all Committees of their respective Faculties.

Statute 16.

ADVISORY BOARDS.

1. Subject to this Ordinance and the Statutes and after consultation with the Senate the Council may from time to time appoint or concur with any other body in appointing Advisory Boards including (if thought ad- visable) members unconnected with the University upon such terms, for such purposes and with such powers as the Council may consider advisable, and may refer to them for advice and report any subject or matter which in the opinion of the Council can advantageously be so dealt with.

2. The Senate at the instance of any Faculty may approve the institution of a Board which subject to review by the Faculty and under conditions to be determined by Regulation may undertake matters. delegated to it with regard to organisation, administra- tion or instruction in any subject or group of subjects within the province of that Faculty. Such Boards shall include the Examiners in the subject or subjects. concerned and in addition to members of the Faculty may include other persons whether members of the University or not. The Senate on the nomination of the Faculty concerned shall appoint the members of the respective Boards.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

143

Statute 17.

REMOVAL OF OFFICERS AND MEMBERS.

1. The Vice-Chancellor, the Pro-Vice-Chancellor, the Dean of any Faculty, any member of the Court or of the Council or of the Senate or of any Faculty, the Auditor or Auditors and any other Officer of the University may be removed for good cause by the Chancellor upon the decision of the Council if con- firmed by the Court.

2. "Good Cause" when used in reference to removal from office, membership or place means:-(1) misbe- haviour in office, (2) being a lunatic, (3) conviction of any felony, (4) actual incapacity in or for the execution of the duties of the office, membership or place, or (5) any misbehaviour of an immoral, scanda- lous or disgraceful nature rendering the holder of the office, membership or place unfit in the opinion of the Council to continue in office.

Statute 18.

ACTS DURING VACANCIES.

No act or resolution of the Court, the Council or the Senate shall be invalid by reason only of any vacancy in the body doing or passing it or by reason of any want of qualification by or invalidity in the election or appointment of any de facto member of the body whether present or absent.

Statute 19.

CONTRACTS, &c.

(1.) Contracts made by or on behalf of the University shall be validly made and binding on the University if made as follows:-

(a.) Any 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 University in writing under its Seal, and such contract may be in the same manner varied or discharged.

(b.) Any contract, which if made between private persons would be by law required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the University in writing signed by any person acting under the express or implied authority of the Council, and such contract may in the same manner be varied or dis- charged.

(c.) Any contract, which if made between private persons would by law be valid although made verbally only and not reduced into writing, may be made either in writing or verbally on behalf of the University by any person acting under the express or implied authority of the Council, and such contract may be in the same way varied or dis- charged.

(2.) Instruments under Seal made on behalf of the University, sealed with the Seal of the University, and signed by either the Chancellor, Pro-Chancellor, Vice- Chancellor, Pro-Vice-Chancellor or

　　　　　　or Treasurer and countersigned by either the Registrar or the Bursar shall be deemed to be duly executed.

Statute 20.

RESIDENCE OF UNDERGRADUATES. Undergraduates shall reside either in the University Buildings or in approved Halls or Hostels which shall be subject to such regulations as the Council may pres- cribe: Provided that in any special or exceptional case the Council on report from the Senate may grant exemption from the provisions of this section.

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THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

Statute 21.

ENTRANCE TO THE UNIVERSITY,

1. The Senior Oxford Local Examination with a certificate of exemption from responsions and such other examinations as the Council after consultation with the Senate may subject to the provisions of clause 2 (c) in the Agreement contained in the Third Schedule hereto prescribe shall be accepted as equivalent to and in lieu of the entrance examinations of the University. Provided that any Board of Faculty may with the approval of the Senate and of the Council but subject to the aforesaid provisions require special subjects of examination and may prescribe the standard in such subjects for entrance to its Faculty.

The minimum age of entrance to the University shall be sixteen years.

2. Any person who has passed the prescribed examin- ation and is over 16 years of age may on payment of the prescribed fee be admitted as an undergraduate of the University. Provided that the Senate may in its absolute discretion refuse to admit

　　　　　　any such person if satisfied that he is not of good moral character, but such person shall have a right of appeal to the Council.

Statute 22.

BENEFACTIONS AND SCHOLARSHIPS.

may

Subscribers who prior to the opening of the Univer- sity have subscribed a sum of $500 and upwards may have their names inscribed on a tablet in the wall of the Hall of the University. Subscribers of $10,000 to the Endowment Fund may nominate one scholar at a time to study at the University as an Undergraduate without payment of fees provided he is duly qualified as required by Statute 21. For each additional $10,000 another scholar be nominated by the donor on the same con- ditions up to a maximum of four: Provided that the total number of scholars who are admitted without fees (or without payment for board) shall not without the con- sent of the Council exceed 50. A subscriber of $50.000 shall in addition to the above be entitled to have a framed portrait or a bust of himself in the Hall of the University of such dimensions and so placed as the Council may determine. A subscriber of $100,000 will in addition be made a Life Member of the Court. Any qualified donor who desires to exercise any or all of these privileges must do so at the time that he gives his subscription. Any provincial city, town or village in or out of China may exercise the like privileges of nominating free scholars, but the scholars can only be nominated by the representatives of the subscribers properly accredited to the satisfaction of the Council.

re-

On the death of a donor entitled to nominate one'or more scholars under the above conditions the right of nomination may be exercised by his heir or presentative, provided that the naine of such heir or representative shall be notified to the Council within a year of the death of the donor. Failing such notification the right of nomination shall lapse to the Council who may exercise it or not at their discretion.

All British subjects of whatever race shall be eligible for the King Edward VII scholarships.

Statute 23.

THE TAI KOO CHAIR OF ENGINEERING,

The first Chair of Engineering in the University shall be called the Tai Koo Chair of Engineering.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

145

THE THIRD SCHEDULE.

AGREEMENT WITH THE HONGKONG

COLLEGE OF MEDICINE.

Whereas an arrangement was come to on March 13th, 1908, between the Court of the College of Medicine on the one hand and the Governor on the other hand to- gether with Mr. A. H. RENNIE representing the Donor of the University buildings, Now, Therefore, the follow- ing agreement dated the

day of

1911, is hereby made in pursuance of the arrangement afore- said between the University of Hongkong (hereinafter called "The University") of the one part and the Hong- kong College of Medicine incorporated under Ordinance No. 2 of 1907 (hereinafter called "The College") of the other part whereby it is agreed as follows:---

1. Up to the day on which the University is declared to be open the Hongkong College of Medicine shall continue to issue its diplomas, etc., under its present style and title, and upon the said day the College shall be dis- solved and shall be merged in the University to which all the property of the College shall be transferred.

2. (a.) The members of the Court of the College named in the First Schedule to the Ordinance shall be life members of the Court of the University.

(b.) All Lecturers of the College at the date of this agreement shall be offered lectureships in the Univer- sity so far as the funds of the University permit and so far as the subjects in which they lecture are retained as part of the curriculum of the University Provided that if owing to the appointment of Professors or Lec- turers whose services are exclusively at the disposal of the University any such lectureship shall in the opinion of the Council and Senate become unnecessary it may be discontinued.

All the aforesaid Lecturers shall be members of the Board of the Faculty of Medicine in the University pro- vided they continue to lecture in the University and such proportion of them shall be members of the Senate as the Court having due regard to the representation of other Faculties may decide. Provided that ́ not less than four of the aforesaid Lecturers to be nominated by the Chancellor shall become members of the first Senate of the University.

(e) All students of the College at the date of the opening of the University who are recommended by the Court of the College shall be entitled to become Undergraduates of the University without entrance examination with the seniority of curriculum which they had attained in the College.

3. Mr. TANG CHUK KAL's fund will on the date of opening be transferred to the University. The Uni- versity undertakes to build an Anatomical Theatre out of the funds at its disposal and agrees to admit Mr. Tang's son as an Undergraduate without payment of any fees for tuition, provided he fulfils the conditions laid down in the Ordinance and Statutes for admission to the University.

4. When the University is opened the Faculty of Medicine shall be simultaneously inaugurated, and no other Faculty shall be established before it.

5. The Belilios and Blake Schielarships will be open to Medical Students only of the University.

146

THE HONGKONG GOVERNMENT GAZETTE, MARCH 13, 1911.

THE FOURTH SCHEDULE.

Property.

Inland Lot No. 963 compris- ing Nos. 1 to 10 Queen's Gardens.

Persons in whose name vested.

Mortgage debts.

$77,500

Alexander Macdonald Thomson and Wil- liam Chatham.

1. Kowloon Inland Lot No.

412 comprising:-

a. Nos. 1, 2, 3 & 4 Carnarvon Villas.

b. Nos. 9, 10, 11, 12 & 13 Humphreys Avenue.

e. Nos. 30, 32, 34 & 36 Nathan Road, (13 houses in all).

2. Kowloon Inland No, 550.

comprising Nos. 38, 40 & 42 Nathan Road, 3 houses in all.

3. Kowloon Inland Lot No.

551, comprising Nos. 1 to 7 (inclusive) Lochiel Terrace, 7 houses in all. 4. Kowloon Inland Lot No. 1205, comprising Nos. 1 to 8 (inclusive) Hum- phreys Avenue, 8 houses in all,

and

5. Section B of Kowloon Inland Lot No. 609, com-

prising Nos. 18 to 28 Nathan Road, 6 houses in all.

1. Section A of the Reclama- tion to the Remaining Portion of Section F of Marine Lot No. 54, com- prising Nos. 139, 141 and 143 Des Voeux Road Central.

2. The Remaining Portion of the Reclamation to the Remaining Portion of Section F of Marine Lot No. 54, comprising Nos. 69, 70, 71. 72 & 73 Connaught Road Central ; Nos. 145 and 147 Des Voeux Road Central and Nos. 25, 27, 29 and 31 Gilman Street.

3. Permanent Pier No. 12.

Marine Lot No. 2 C.

Do.

$300,000

Do.

$190,000

Do.

$125,000

་་

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

THE FOURTH SCHEDULE,-Continued.

Property.

1. The Remaining Portion of Subsection A of Sec- tion 1 of the Reclamation to Marine Lot No. 10A comprising:-

Nos. 27, 29 and 31 Des Voeux Road Central. 2. Subsection 1 of Subsec- tion A of Section 1 of the Reclamation to Marine Lot No. 10A and Sub- section 1 of Subsection A of Section 2 of the Re- clamation to Marine Lot No. 10A comprising No. 33 Des Vœux Road Cen- tral.

3. The Remaining Portion of Subsection A of Section 2 of the Reclamation to Marine Lot No. 10A com- prising No. 35 Des Vœux Road Central.

Person in whose name vested.

Mortgage debts.

William Chatham.

$75,000

147

No. 75.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 1 of 1911, entitled-An Ordinance to amend the Widows' and

Orphans' Pension Ordinance, 1908.

COUNCIL CHAMBER,

31st March, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

No. 76. His Excellency the Governor has been pleased to appoint, under Section 7 of the Public Health and Buildings Amendment Ordinance, 1903, (Ordinance No. 23 of 1903), Inspector DAVID GOURLAY to be a Sanitary Inspector for Shaukiwan vice Inspector ALBERT COLLETT, with effect from the 1st instant.

27th March, 1911.

No. 77.-His Excellency the Governor has been pleased to accept the resignation by Lieutenant JOHN JOHNSTONE of his Commission in the Scouts Company of the Hongkong Volunteer Corps.

27th March, 1911.

་་

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

THE FOURTH SCHEDULE,-Continued.

Property.

1. The Remaining Portion of Subsection A of Sec- tion 1 of the Reclamation to Marine Lot No. 10A comprising:-

3. The Remaining Portion of Subsection A of Section 2 of the Reclamation to Marine Lot No. 10A com- prising No. 35 Des Vœux Road Central.

Person in whose name vested.

Mortgage debts.

William Chatham.

$75,000

147

No. 75.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 1 of 1911, entitled-An Ordinance to amend the Widows' and

Orphans' Pension Ordinance, 1908.

COUNCIL CHAMBER,

31st March, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

27th March, 1911.

No. 77.-His Excellency the Governor has been pleased to accept the resignation by Lieutenant JOHN JOHNSTONE of his Commission in the Scouts Company of the Hongkong Volunteer Corps.

27th March, 1911.

148

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

　　　No. 78. His Excellency the Governor has been pleased to approve that Captain GEORGE EDWARD STEWART of the Shanghai Volunteer Corps be attached to the Hongkong Volunteer Corps with effect from this date.

27th March, 1911.

　　　No. 79. His Excellency the Governor has been pleased to appoint Mr. BERNARD BROTHERTON HARKER to be a Visiting Justice to the Po Leung Kok vice Mr. FRANCIS MAITLAND resigned.

28th March, 1911.

NOTICES.

COLONIAL SECRETARY'S Department.

No. 80.-It is hereby notified that His Excellency the Governor has been pleased to declare the Police Stations at Ping Shan, Au T'au, San T'in, Sheung Shui, Sha T'au Kok, Tai Po, Sha Tin, Sai Kung and Tsun Wan to be Registry Offices for Births and Deaths under Section 4 of the Births and Deaths Registration Ordinance, 1896, (Ordinance No. 7 of 1896).

No. 81. It is hereby notified that the Rules regulating the making, maintaining or repairing of graves upon Crown Land in the Northern District of the New Territories pub- lished in the Gazette on the 7th day of May, 1909, (Notification No. 276), shall extend to that portion of the New Territories known as the Southern District, with effect from this date.

All applications for permits in the Southern District must be made at the District Land Office, Beaconsfield, Hongkong.

C. CLEMENTI,

Colonial Secretary.

31st March, 1911.

HARBOUR MASTER'S DEPARTMENT.

No. 82.-List of Masters, Mates, and Engineers who have passed their Examinations and obtained Certificates of Competency issued under the provisions of Her Majesty's Order in Council of the 31st December, 1883, for the year ending 31st December, 1910.

148

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

27th March, 1911.

　　　No. 79. His Excellency the Governor has been pleased to appoint Mr. BERNARD BROTHERTON HARKER to be a Visiting Justice to the Po Leung Kok vice Mr. FRANCIS MAITLAND resigned.

28th March, 1911.

NOTICES.

COLONIAL SECRETARY'S Department.

All applications for permits in the Southern District must be made at the District Land Office, Beaconsfield, Hongkong.

C. CLEMENTI,

Colonial Secretary.

31st March, 1911.

HARBOUR MASTER'S DEPARTMENT.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

DATE.

No. OF CERTIFICATE.

NAME.

GRADE.

149

Edward Budgen,

Ronald Langton Jones,

Edward Joshua Wyse Clements, Samuel Grant Mavor,

Willis Oliver Ashworth Shepherd, Frank Fairweather,

Gilbert Peters McAdam,

Leonard Michael Angove,..

Amos Aubetts,

Charles McDougall,

Edward St. Clare Dunn, Athol Henry George,.

Edward Colin Gilmore,

John Mauchan,

George Edward Grievson, John Palfrey Tibbetts,

1910.

January 6

2657

John Andrew Peterson,

2658

Alfred Lancelott Parkes,

2659

James Hall,

2660

2661

2662

2663

1158

February

2 2 2 ✪ ✪

2664

2665

2666

George Thyne,

2667

Harold Edward Hendy,.

2668

Thomas Lloyd Williams,

2669

谬

10 10

2670

Julius Thomas Gray,..

Abdul Samat,

2671

William Wishart,

2672

Clifford John Tacchi,..........

2673

Alfred Fennell Lawlor,

2674

March 1

2675

John Casson,

2676

James Kerr,

2677

2678

2679

2680

2681

John Williams Harrison,

2682

Wilson Couper,

2683

John Brunton Sweet,.

April

2684

John Henry Barton,

2685

John Liddell Sherriff,

2686

2687

2688

2689

2690

May 5

2691

2692

- 2693

2694

June

2695

2696

2697

2698

2699

2700

2701

2702

وو

☺

2703

July

2704

2705

2706

Jame Taylor,

2707

Charles Kober,

2708

John Smith Sinclair,

2709

Thomas Henderson,

2710

John Sydney Whittaker,

2711

Charles Cecil Grisson,

2712

Thomas Rees,......

2713

Andrew Robertson,

2714

David McCombie,

་

2715

David Simpson,

2716

Douglas George Jeffrey,

2717

Alexander McLachlan,

2718

John Yuill Henderson Taylor,

August 3

2719

John Henry Hodgetts,

2720

George Edwin Cross,..

2721

George Edwin Cross,....

2722

Archibald Craig Stewart,

Percy Angus,..

William Osborne Lambert, John Leach,

......

John Philip Lowther Beal, Carl Fuhrhop,.

Robert Walker Leach,

Thomas Hembrey,

John Donaldson Gilmour,

Robert Walton,

Stewart Forbes,

Joseph Andrew Murphy, Percy Charles Hutchence,.. Robert Cowan Smith Nairn,. Reginald David Robinson, William Wilson,..

Charles Law Sharpe,..

Second Mate, (S.S.) Master.

Second Class Engineer. First Mate.

Do.

First Class Engineer. Second Class Engineer. Master, (Duplicate).

First Class Engr.,(Renewal), Second Mate, (S S.)

Second Mate, (Cancelled). Second Class Engineer. Master.

Master, (S.S.)

Second Class Engineer.

Do.

First Class Engineer. Second Class Engineer.

Do.

First Mate, (S.S.) First Class Engineer. Second Class Engineer.

Do.

First Mate.

Master, (S.S., Provisional).

Master, (Renewal).

Second Class Engineer.

Master, (River S S.), (Renewal).

Second Class Engineer.

First Class Engineer. Second Class Engineer. First Mate, (S.S.). Do.

Master, (S.S.) First Class Engineer. Second Class Engineer.

First Class Engineer.

Second Mate, (S.S.), (Renewal). First Class Engineer.

First Mate.

Second Class Engineer.

Do.

First Mate. Master, (River). First Mate, (S.S.) First Class Engineer. Second Class Engineer. First Mate.

Second Class Engineer. First Class Engineer.

2nd Class Engr., (Renewal).

Do.

1st Class Engr., (Renewal). Second Class Engineer. First Mate, (S.S.)

Master, (River).

First Class Engineer.

Second Class Engineer.

Master.

Do.

Second Mate, (S.S.)

Second Class Engineer.

Do.

Second Mate, (S.S.)

Master, (River).

Second Class Engineer.

150

DATE.

THE HONGKONG GOVERNMENT GAZETTE, MARCH 31, 1911.

LIST of MASTERS, MATES, and ENGINEERS,-Continued.

No. OF CERTIFICATE.

NAME.

ᏩᎡᎪᎠᎬ .

Joseph Thomson, ...

William Duncan MeArthur, Walter Gow,

William John Martin, David Bell Ritchie,

Frederick Joseph Gerard,

Stephen Polkinghorn, Daniel Harrington,

Robert Cecil Anderson,.. Robert Brown,

John Hampden Barton,

Gilbert McDonald McColl Smith,

David Gordon Nicoll,

Arthur Edward Moncester,

1910.

August

2723

2724

2725

September 1

2726

2727

Bertram Richard Hughes, Henry St. John Murphy,

2728

2729

2730

2731

2732

2733

.་

October 10

2734

2735

Joseph Andrew Murphy,

2736

2737

2738

2739

2740

Roderick Fox,

Thomas Peter Finchett,

2741

2742

November 2

1235

2222∞

2743

2744

2745

2746

2747

2748

Robert Bland,..

2749

2750

December 2

2751

Peter Stewart,

2752

2753

John Roxburgh,..

2754

John Stewart Thomson,

2755

Herbert Martin,

2756

Alfred James Miller,

2757

David Leslie,

2758

James Allan,

2759

Michael McCarthy,

2760

David Strachan Whyte,

2761

2762

Roderick Scott McLellan, Albert Farrow,

John Stuart,

James Hutchison Cameron,

Thomas Rees,..

Rudolph Hawkins,..

Joseph Henry Ferguson,

Hervy Hardinge Golding,

William John Black,

Charles Tory,....

Reginald Stanley Matthews,

Second Class Engineer. Master.

First Class Engineer.

1st Class Engr., (Renewal). Master, (Renewal). Master, (River).

Second Class Engineer.

Do.

Master, (S.S.) First Mate, (S.S.) First Class Engineer. Master.

First Mate, (S.S.) Master.

First Mate.

Second Class Engineer. First Class Engineer. Master, (S.S.) - First Class Engineer. Second Mate, (S.S.) First Class Engineer. Second Class Engineer.

Do.

First Mate, (S.S.)

First Mate (S.S. Provisional). Second Mate, (S.S.)

First Mate, (S.S.)

First Mate.

Second Class Engineer.

Do.

First Class Engineer. Master.

Second Class Engineer. First Class Engineer. Second Mate.

First Class Engineer. Second Mate, (S.S.) Second Class Engineer. First Class Engineer. Second Class Engineer.

28th March, 1911.

C. W. BECKWITH, Commander, R.N.,

Harbour Master, &c.

152

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7, 1911.

EXECUTIVE COUNCIL.

No. 83.

　　　　Order made by the Governor-in-Council under Sub-section 2 of Section 8 of the Rating Ordinance, 1901, (Ordinance No. 6 of 1901), this 19th day of September, 1910.

　　　　The Governor-in-Council hereby directs that the existing valuation of the Colony shall be adopted as the valuation for the year commencing 1st July, 1911.

COUNCIL CHAMBER,

19th September, 1910.

C. CLEMENTI,

Clerk of Councils.

No. 84.-His Excellency the Governor has been pleased to direct, under Section 7 of the Public Health and Buildings Ordinance, 1903, (Ordinance No. 1 of 1903), that the name of Mr. WILLIAM LAUGHTON LEASK be added to the List of Authorized Architects published in Government Notification No. 10 of the 13th January, 1911.

R. H. CROFTON,

COUNCIL CHAMBER,

4th April, 1911.

Clerk of Councils.

LEGISLATIVE COUNCIL.

　　　　No. 85. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:--

Ordinance No. 28 of 1910, entitled-An Ordinance to amend the Magistrates

Amendment Ordinance, 1903.

COUNCIL CHAMBER.

5th April, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

No. 86. His Excellency the Governor has been pleased to appoint HUGH POLLOCK TOOKER to act as Second Assistant Director of Public Works during the absence on leave of JAMES FETTES BOULTON or until further notice, with effect from the 1st instant.

3rd April, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 87.--It is hereby notified that His Excellency the Governor has been pleased to appoint, under the provisions of Section 8 of the Public Holidays Ordinance, 1875, (Ordinance No. 2 of 1875), Saturday, the 15th day of April, 1911, to be observed as a public holiday.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7, 1911.

153

　　　No. 88.-It is hereby notified that the Valuation Lists for the Colony for 1911-1912 will be open to inspection at the Treasury for twenty-one days commencing on Monday, the 10th April, 1911.

　　　No. 89.-Notice is hereby given that the Governor-in-Council purposes to make an order under the Highways Ordinance No. 21 of 1910, for stopping up the Queen's Road end of the thoroughfare known as Spring Gardens Lane in the City of Victoria.

　　　Any person objecting to the proposed order shall forward his objection in writing to the Colonial Secretary not later than the 29th day of April, 1911.

　　　Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

C. CLEMENTI,

Colonial Secretary.

7th April, 1911.

No. 90.- Financial Statement for the month of January, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 31st December, 1910, Revenue from 1st to 31st January, 1911.............

Expenditure from 1st to 31st January, 1911,

Balance,..

TREASURY.

.$1,406,924,96

619,683.36

2,026,608.32

580,537.95

.$1,446,070.37

Assets and Liabilities on the 31st January, 1911.

LIABILITIES.

ASSETS.

Deposits not Available,

238,247.88

Balance, Bank,

Subsidiary Coins,

Officers' Remittances,

65.27

Advances,

Imprest,

Crown Agents' Advances,

4,986,538.01

Railway Construction,

71,338.21 279,153.86

67,484.45

20,886.77

6,215,856.64

House Service Account,

86.78

Suspense Account,

11.55

Postal Agencies in China,.

4,831.72

Crown Agents' Current Account,

11,294.65

Total Liabilities,.

5,224,862.71

Balance,

1,446,070.37

TOTAL. 6,670,933.08

$ |

31st March, 1911.

TOTAL,.........$

6,670,933.08

154

No. 91.

Light Dues..

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7, 1911.

FINANCIAL RETURNS

Comparative Statement of the Revenue and

Revenue for

same

HEADS OF REVENUE.

Estimates, 1910.

Actual Revenue to 31st Dec., 1910.

period of

Increase.

Decrease.

preceding

Year.

80,000.00

86,157.20

82,473.37

3,683.83

Licences and Internal Revenue not otherwise specified

Fees of Court or Office, Payments for specific purposes,

and Reimbursements in Aid

4,660,858.00 4,520,427.994,281,133.11

239,294.88

557,675.00 604,901.38 538,905.32 65,996.06

Post, Office

472,000.00

519,066.54 444,046.58 75,019.96

Rent of Government Property, Land and Houses

S04,220.00

832,382.20 820,563.63 11,818.57

Interest

3,999.81 51,744.50

Miscellaneous Receipts

TOTAL,...

47,744.69

54,544.00 61,248.07 67,966.34

6,718.27

6,629,297.00 6,628,183.19 6,286,832.85 395,813.30 54,462.96

Widows' and Orphans' Pension Fund and Contributions..

42,500.00

42,451.99 414,199.99

Light Dues, Special Assessment

Fees of Court, &c.

Half estimated loss on working of Postal Agencies in China

Kowloon-Canton Railway

Land Sales, (Premia on New Leases)

Balance of Nursing Sisters' Quarters Fund.....

TOTAL,

90,000.00 95,810.83 90,337.67

5,473.16

27,000,00

99,310.34

20,000.00

25,612 74

......

25,612.74

100,000.00

62,685.99 31,596.42 31,089.57

6,814.20

6,908,797.00 6,960,869.28 6,822,966.93 564,113.31

371,748.00

426,210.96

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7, 1911.

FOR THE YEAR 1910.

Expenditure for the period ended 31st December, 1910.

155

EXPENDITURE,

Estimates, 1909.

Actual Expenditure to 31st Dec., 1910.

Expenditure for same period of preceding Year.

Increase.

Decrease.

Governor

84,878.00

83,434.15 85,763-74

3,329.59

Colonial Secretary's Department and Legislature

68,542.00 64,841.55 68,194.94

3,353.39

Registrar General's Department...

Audit Department...

45,985.00 42,636.46 44,487.59

1,851.13

28,305.00 29,426.18 22,888.52 6,537.66

Treasury...

59,597.00 59,767.91 62,225.79

2,457.88

Harbour Master's Department

229.931.00 224,419.51 188,843.85 35,575.66

Observatory

22,029.00

21,787.55 22,388.63

601.08

Miscellaneous Services...

144,307.00 269,687.32 242,391.55 27,295.77

Judicial and Legal Departments.....

233,677.00 233,678.53 210,950.95 22,727.58

Police and Prison Departments

739,157.00

721,698.01 734,529.16

12,831.15

Medical Departments

236,546.00 217,604.53 218,642.52

1,037.99

Sanitary Department

358,018.00 338,445.28 352,962.57

14,517.29

Botanical and Forestry Department

50,495.00

41,707.95 42,508.19

800.24

Education

237,459.00 225,605.56

219,358.51

6,247.05

Military Expenditure

... 1,367,994.00 1,407,231.03 1,265,336.56

141,894.47

Public Works Department

Do.

Recurrent

333,582.00 309,784.71 292,018.35 17,766.36

427,500.00 429,835.24 409,902.85 19,932.39

Do.

Extraordinary

Post Office

Kowloon-Canton Railway

Charge on account of Public Debt

Pensions

Charitable Services

TOTAL,

Kowloon Canton Railway Disbusements

940,820.00 1,204,823.53 1,229,452.75

444,313.00 470,984.35 510,729.99

100,000.00

73,574-33

73,574.33

176,206.00

172,036.18 64,889.94

107,146.24

227,940.00 247,165.87 237,035.39 10,130.48

24,629.22

39,745.64

19,456.00 16,937.67

16,336.98

600.69

469,428.68 232,268.31

105,154.60

6,951,542.006,907,113.406,542,839.32

232,268.31

7,139,381.71 6,542,839.32 701,696.99 105,154.60

156

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7,

1911.

Statement of Assets and Liabilities on the 31st December, 1910.

LIABILITIES.

ASSETS.

Deposits not Available,

234,856.01

Balance, Bank,...

109,180.16

Officers' Remittances,.....

64.72

Subsidiary Coins,

218,547.71

Suspense Account,

11.55

Crown Agents' Current Account,

4,133.44

Crown Agents' Advances,

4,824,200.93

Advances,

64,259.16

Crown Agents' Bills,....

85,571.03

Imprest,...

10,291.46

House Service Account,

605.86

Total Liabilities,

5,144,204,24

Railway Construction,

6,144,111.41

Balance,

1,406,924.96

Total,.......

6,551,129.20

Total,................................$ |6,551,129.20

　　　　　Statement of Funded Public Debt or Loans borrowed for Fixed Periods outstanding on the 31st December, 1910, and of the Accumulated Sinking Fund at the same date.

JOINT SINKING FUND 1910.

Designation of Debt or Loan.

Legal Authority.

Amount Outstanding.

Amount of Stock, &c.

Cost Price.

Market Value.

Hongkong 3% In-

scribed Stock.

Ordinances Nos. £1,485,732.16.5| British Guiana, 3 % Stock.

1 & 2 of 1893 Sterling. Cape of G. Hope, 3 % and No. 11 of 1905.

£ s. d.

2,000. 0. 0 2.000. 0.

s. d.

Ceylon,

31%

Gold Coast,

Do.,

Natal.

New Zealand, Queensland.

Sierra Leone.

оо

South Australia, 31% South Nigeria

(Lagos),

81%

Straits Settlements3%

5.000, 0.

5:000. 0.0 12.022. 9.

200. 0. 0 2,000, 0, 0 2.000. 0. 0 4,000. 0. 0 1,200: 0, 0!

31,048.19. 8 20,590.12. 1 4.000. 0. 0 5.000. 0. 0

Trinidad,

Do..

Victoria,

31%

Western A'tralia, 3%

5,000. 0. 0 2,100. 0. 0:

Total, 1910,.....

£103,162. 0.10

1,932.17.

£ s. d.

|(86) 1,720, 0, 0 1,941. 1. 0 ( 86 ) 1,720, 0, 0 4,900.11. 9 (973) 4.875. 0. 0 4.480.11. 6( 85 ) 4,250. 0. 0 11,586. 2. 2 96 )11,541.11. 1 189.19. 5 ( 85 ) 170. 0. 0 1,921. 8. 8 ( 85 ) 1,700. 0.0 1.948. 5.10 ( 84 ) 1,680, 0, 0 3,879.19. 2 ( 97 ) 3,880. 0. 0 1.293.16. 5 ( 97 ) 1,164. 0. 0

29,843.10. 2 ( 974)30,272.15. 2 19.400. 2. 2 |( 954)19,664. 0. 7 4,082.12. 0 (103 ) 4,120. 0. 0 4,746,15. 0 ( 86 ) 4,300, 0, 0 4.734. 8. 6 ( 974) 4,875, 0, 0 2.010. 3. 1 ( 87 ) 1,827. 0. 0

£98.892. 4. 1 €97,759. 6. 10

Wuchany Loan Account 1910.

Repayments by Viceroy, (advanced for Railway Con-

　　　　　　　struction), Balance due to Government,

Loan,

£550,000 550,000

Total......

£ 1,100,000

Total,

£ 1.100.000

.£1,100,000

Statement of the Expenditure on Works and Payments Chargeable to Loan Accounts.

Expenditure on Railway Construction from special fund and various advances ultimately re- payable from the fund up to 31st December, 1909,

During 1910,

Advances from Loan Fund, £550,000,.

$9.959,515.92 1,924,911 84

$11.884,427.76

Do.

General Account,.

$5,740.316.35

6,144,11!.41

$11,884,427.76

27th March, 1911.

A. M. THOMSON,

Treasurer.

รี

THE HONGKONG GOVERNMENT GAZETTE, APRIL 7, 1911.

OBSERVATORY.

157

No. 92. Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of March, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

DATE.

CLOUDI SUN-

NESS, SHINE.

RAIN.

M.S.L. Max. Mean. Min.

Rel. Abs.

Dir. Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

30.13

74.8

65.7 58.2

0.29

9.8

.12

68.5

62.5

58.1

.35

10.0

ESE

.05

65.6

62.2

58.1 72

.40

8.1

NE by E 8.5

E by N 18.5

14.0

29.94

67.0

64.3 61.5

.53

4.7

.87

76.5

69.4

64.2

.63

3.1

| 16.7

SE by S 7.3

.90

78.4 71.1

66.6 84

.64

.56

6.7

.96

67.2 63.1

60.4 94

.54

.95

67.2

64.7

61.7

.57

2.4

NW by W 3.2

0.105 E by N│| 22.0

19.9

.92

74.0

69.0

64.1 90

.64

5.8

E by S

12.8

10,

.87

72.1 69.8

67.0

.67

1.040

E by S

8.0

11,

.99

68.0

63.7

59.9

.54

1.9

0.130

E by N

29.6

12,

30.01

67.1 64.1 59.9 92

.55

1.2

0.015

19.8

13,

29.95

70.0 68.0

66.1 95

.65

100

E by S

15.9

14,

.89

76.4 72.5

67.0 90

.72

100

1.8

0.005

9.6

15,

.85

78.7 75.0

72.5 84

.73

6.6

S by E

7.8

16,

.83

79.1

75.1

72.0 84

.73

4.3

S by W

6.8

17,

.91

73.6 64.8

56.9 92

.56

100

0.600 N Why W

6.3

18,

30.04

67.0

60.7

54.2 64

.34

10.1

NNE

8.6

...

19,

.09

61.3

60.3

58.7 71

.37

0.1

0.015

E by N

31.6

20,

29.99

60.9

59.1

56.2 92

.46

100

0.435

E by N

31.6

21,

.94

66.7

63.7

60.1 94

.55

100

0.605

21.2

22,

30.02

66.5 64.5 62.8 95

.58

100

0.530

WNW

7.3

23,

.13

64.6

62.6 59.7 78

.45

100

0.015

NNE

4.6

24,

.18

61.8 60.0

57.5 80

.41

7.0

25,

.18

62.6 59.6

57.6 84

.43

100

0.280 :

5.5

26,

.19

62.6 61.1 59.2

.42

2.4

E by N 18.9

27.

.19

67.9

63.5

60.0 77

.45

8.7

18.7

28,

.16

68.9 64.9

61.7 78

.18

9.8

22.3

29,

.13

70.3 66.7

63.9 80

.53

4.2

23.2

30,

.08

75.2 70.5 66.4

.58

4.5

31,

.04

73.8 68.6 62.9 83

.58

100

0.2 0.035

16.8

14.5

Means or Total,

30.02

69.5 65.5 61.8 83

0.53

81 106.4 3.810

14.8

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR MARCH :-

　Max'm, Mean, Min'm,

30.14 72.9 68.1 64.5 91 30.06 66.8 62.7 59.3 83 29.99 61.8 58.9 55.9 74

0.58 0.48 0.42

97182.3 11.48 83 82.4 2.86 57 25.0 0.17

...

19.2 E by N 15.9

12.5

4th April, 1911.

F. G. FIGG,

Director.

LAND REGISTRY OFFICE.

　　　No. 93. It is hereby notified for general information that Memorials of Re-entry by the Crown of Tai Hang Stream, Lots Nos. 5 and 22, Tong Po Village, Lots Nos. 1 and 2, and Tai Tam Tuk Village, Lots Nos. 1 and 7, have been registered according to law.

4th April, 1911.

G. H. WAKEMAN,

Land Officer.

160

THE HONGKONG GOVERNMENT GAZETTE, APRIL 13, 1911.

APPOINTMENTS, &c.

　　　No. 94. His Excellency the Governor has been pleased to appoint GEOFFREY NORMAM ORME to be an Assistant Superintendent of Police for the Southern District of the New Territories during his tenure of the post of Assistant District Officer for the Southern District of the New Territories, with effect from the 5th instant.

8th April, 1911.

　　　No. 95. His Excellency the Governor has been pleased to appoint CHALONER GREN- VILLE ALABASTER to act as Attorney General during the absence on leave of WILLIAM REES DAVIES, K.C., or until further notice, with effect from this date.

8th April, 1911.

　　　No. 96.-His Excellency the Governor has been pleased to appoint, under Section 7 of the Public Health and Buildings Amendment Ordinance, 1903, (Ordinance No. 23 of 1903), Police Sergeant THOMAS CASHMAN to be a Sanitary Inspector for Stanley, with effect from the 7th instant.

12th April, 1911.

　　　No. 97. His Excellency the Governor has been pleased to appoint the Reverend H. R. WELLS to be a Member of the Interpretation Sub-Committee of the Board of Examiners, vice His Honour Mr. Justice HAZELAND resigned.

13th April, 1911.

　　　No. 98. His Excellency the Governor has been pleased to direct that the Registrar General and the First Assistant Registrar General shall be ex-officio Members of the Board of Examiners, and cf the Interpretation Sub-Committee.

13th April, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 99.-His Excellency the Governor has been pleased to exclude, under the pro- visions of Section 3 of the Public Holidays Ordinance, 1875, (Ordinance No. 2 of 1875), as amended by Ordinance No. 12 of 1910, the Police Magistrates' Department from the opera- tion of the said Ordinance, on Saturday, the 15th instant.

C. CLEMENTI,

Colonial Secretary.

10th April, 1911.

HARBOUR MASTER'S DEPARTMENT.

　　　No. 100.-It is hereby notified that all Chinese Craft, except Fishing Junks and Fishing boats, Lighters, Cargo boats and Passenger boats, are prohibited from moving about the Harbour of Victoria, between the hours of 9 p.m. and 5 a.m., without a special permit from the Harbour Master or his Deputy.

ist April, 1911.

C. W. BECKWITH, Commander, R.N.,

Harbour Master, &c.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 13, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

161

　　　No. 101. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :----

Number of Mark.

Date of Registration.

No. 156 of 1897.

10th April, 1897.

10th April, 1911.

Name of Owner.

De Koninklijke Nederland- sche Maatschappij Tot Exploitatie Van Petro- leum-brounen in Neder- landsch Indië.

Period of Renewal.

Classes in which renewed.

9th April, 1925.

47.

A. G. M. FLETCHER,

Registrar of Trade Marks.

164

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

No. 102.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 5

THURSDAY, 23RD MARCH, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

.99

the Attorney General, (WILLIAM REES DAVIES, K.C.).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. HENRY KESWICK.

ABSENT:

The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 16th March, 1911, were read and confirmed.

　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 21 and 22, and moved that they be referred to the Finance Committee :-

No. 21.-Civil Hospital,-Apparatus and Accessories for test- ing holds and tanks of Ships carrying Oil in Bulk for the Process of Oil Vapour,

No. 22.-Registrar General's Department, Expenses for tak-

ing Quinquennial Census,

.S 684.20.

8,000.00.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.- The Colonial Secretary laid on the table the Report of the Finance Committee dated the 16th March, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　LIQUOR DUTIES.-Dr. Ho KAI, pursuant to notice, addressed the Council and moved the following Resolution :-

Resolved that the Resolution proposed by the Honourable the Colonial Secretary and passed by this Council at its last meeting held on the 16th day of March, 1911, relating to the duty leviable upon intoxicating liquors be amended by substituting 20 cents for 30 cents in paragraph (a) and 30 cents for 40 cents in paragraph (b) thereof.

Mr. WEI YUK seconded.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

165

Various Members addressed the Council and on the Resolution being put to the Council it was declared lost, ten Members voting against and two-Dr. Ho KAI and Mr. WEI YÜK- for the Resolution.

NAVAL AND MILITARY LIQUOR REBATE.-His Excellency the General Officer Com- manding the Troops withdrew the following Resolution standing in his name :-

Whereas for purely financial reasons this Council is unable to approre the con- tinuance of a Rebate to the Military and Naval Authorities on Intoxicating Liquors as contemplated by Ordinance 27 of 1909, And Whereas it is estimated that the Military Contribution which is paid by the Hongkong Government to the War Office will be increased by the imposition of Liquor duties by a sum of approximately $164,600 in 1911, And Whereas it is anticipated that approximately 30% out of the gross revenue collected in res- pect of duties on European liquor will be paid by the Military and Naval Authorities, Be it resolved that the permission of the Secretary of State for the Colonies be requested to deduct from the said Military Contribution accruing from Liquor duties in each year a sum equal to the ascertained amount of these duties paid by the Military and Naval Authorities, and that such sum be paid as heretofore to the Military and Naval Authorities in order that the officers and men of His Majesty's Naral and Land Forces may not suffer financially from the imposition of the said duties while serving in this Colony And Be it further resolved that His Excellency the Governor be requested to transmit a copy of this resolution to the Secretary of State for the Colonies.

WIDOWS' AND ORPHANS' PENSION AMENDMENT (No. 2) BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance further to amend the Widows' and Orphans' Pension Ordinance, 1908.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　ELECTRICITY SUPPLY BILL..-The Attorney General moved the First reading of a Bill entitled An Ordinance for regulating the supply of Electricity for Lighting and other pur-

within the Colony of Hongkong and its Dependencies.

pose

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a first time.

　　　PAWNBROKERS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Pawn- brokers Ordinances, 1860 and 1902.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

166

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

LIQUORS CONSOLIDATION BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to consolidate and amend the law relating to Intoxi- cating Liquors, be resumed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

UNIVERSITY BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance for the incor- poration and regulation of the University of Hongkong.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned sine die.

Read and confirmed this 20th day of April, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 103. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :-

Ordinance No. 11 of 1911.--An Ordinance further to amend the Widows' and

Orphans' Pension Ordinance, 1908.

166

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

LIQUORS CONSOLIDATION BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to consolidate and amend the law relating to Intoxi- cating Liquors, be resumed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned sine die.

Read and confirmed this 20th day of April, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 103. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :-

Ordinance No. 11 of 1911.--An Ordinance further to amend the Widows' and

Orphans' Pension Ordinance, 1908.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

167

HONGKONG.

No. 11 or 1911.

An Ordinance further to amend the Widows'

and Orphans' Pension Ordinance, 1908.

F. D. LUGARD,

Governor.

[21st April, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

struction.

1. This Ordinance may be cited as "The Widows' and Short title Orphaus' Pension Amendment (No. 2) Ordinance, 1911", and con- and shall be read as one with the Widows' and Orphans' Pension Ordinance, 1908, hereinafter called "the Principal Ordinance", as amended by the Widows' and Orphans' Pension (Amendment) Ordinance, 1909, and by the Widows' and Orphans' Pension Amendment Ordinance, 1911.

of section

2. Section 18 of the Principal Ordinance is amended by Amendment inserting after the words "on attaining the age of 65" the words "or on leaving the service".

Passed the Legislative Council of Hongkong, this 20th

day of April, 1911.

18 of the Principal Ordinance.

R. II. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 21st day of April, 1911.

C. CLEMENTI,

Colonial Secretary.

APPOINTMENTS, &c.

　　No. 104. His Excellency the Governor has been pleased to appoint EDWARD CORNE- WALL LYNCH LEWIS to act as Postmaster General during the absence on leave of CHARLES MeILVAINE MESSER OP until further notice, with effect from this date.

19th April, 1911.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 21, 1911.

167

HONGKONG.

No. 11 or 1911.

An Ordinance further to amend the Widows'

and Orphans' Pension Ordinance, 1908.

F. D. LUGARD,

Governor.

[21st April, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

struction.

of section

2. Section 18 of the Principal Ordinance is amended by Amendment inserting after the words "on attaining the age of 65" the words "or on leaving the service".

Passed the Legislative Council of Hongkong, this 20th

day of April, 1911.

18 of the Principal Ordinance.

R. II. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 21st day of April, 1911.

C. CLEMENTI,

Colonial Secretary.

APPOINTMENTS, &c.

19th April, 1911.

No. 18.

SOIT

QUIM

Vol. LVII.

DIEU

MON DROIT

The Hongkong Government Gazette

Extraordinary.

Published by Authority.

TUESDAY, APRIL 25. 1911.

The following Notifications are published,

By command.

EXECUTIVE COUNCIL.

C. CLEMENTI,

Colomal Secretary.

No. 105.

　　Regulations made by the Governor-in-Council under Section 7 of the Vehicles Regulation Ordinance, 1899, on the 25th day of April, 1911.

　　The Regulations made by the Governor-in-Council under the above Ordinance published in the Government Gazette on the 18th day of May, 1901, the 22nd day of November, 1907, and the 11th day of December, 1908, and published on page 199 of the Regulations of Hongkong, 1910, are hereby repealed and the following regulations are substituted there-

for :-

VEHICLE REGULATIONS.

General.

　　1. No cart, truck, van or trolly shall, without a written permit from the Captain Super- intendent of Police, be driven, drawn or pushed, between the hours of 10 a.m. and 8

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　p.m., in either of the following thoroughfares, namely:-

(1.) In Queen's Road Central between Queen Victoria Street and Murray Road; (2.) In Ice House Street.

170

THE HONGKONG GOVERNMENT GAZETTE, APRIL 25, 1911.

2. No wheeled vehicle shall at any time be ridden, driven, drawn or pushed in Battery Path, or Murray Battery, between Queen's Coad Central and Albert Road.

Chairs.

　　　　3. Not more than two chairs, whether public or private, may go abreast in any street, road or path.

When two chairs are abreast, the chair on the right hand side must give way on meeting another chair, vehicle or pedestrian.

4. Chairs proceeding along Battery Path in Victoria or on that part of Plunkett Road leading up from Chamberlain Road to the Peak Club in the Hill District are not allowed to go abreast at all.

　　　　If two chairs are discovered going abreast that on the right hand side shall be deemed to have violated this Regulation.

　　　　Any violation of Regulation 3 or 4 shall be deemed to have been committed in the case of a public licensed chair by the bearers and in that of a private unlicensed chair by the occupant.

Motor Cars and Motor Cycles.

　　　　5. No wheeled vehicle propelled by a motor shall be ridden or driven in the following places (unless with the special written permission of the Captain Superintendent of Police, every such permission to be limited to the vehicle, street or road and day or days therein. specified)

(a.) The Hill District as defined by the Rating Ordinance, 1901.

(b.) Bowen Road.

(c.) Kennedy Road.

(d.) Glenealy.

(e.) The streets or roads in the City of Victoria within the district bounded as

follows:--

On the North: the South side of Queen's Road from Garden Road to Pokfulam

Road

On the South: the North side of Lower Albert Road to its junction with Wynd- ham Street, thence the North side of Wyndham Street to its junction with Arbuthnot Road, thence the West side of Arbuthnot Road to its junction. with Caine Road, thence the North side of Caine Road and Bonham Road to Pokfulam Road.

On the East: the West side of Garden Road from Lower Albert Road to Queen's

Road Central.

On the West: the East side of Pokfulam Road from Queen's Road West to Bon-

ham Road.

Provided that such vehicles may use the following route within the above prohibited

district

Along Hollywood Road from Arbuthnot Road to Lyndhurst Terrace thence down Lyndhurst Terrace, Wellington Street and D'Aguilar Street to Queen's Road Central and vice versa.

　　　　6. No wheeled vehicle propelled by a motor shall travel in any street or road at a speed exceeding the following rates:-

(a.) In the City of Victoria (except as hereinafter mentioned), ...10 miles an hour. (b.) Lyndhurst Terrace, Wellington Street and D'Aguilar Street;

Queen's Road Central and West and the streets connect- ing those roads with Des Voeux Road Central and West; Queen's Road East to the East of Arsenal Street and the streets connecting Queen's Road East with Praya East, Quarry Bay Village, Shaukiwan Village and Aberdeen Village,

Yaumati and Hunghom,

7 miles an hour.

..12 miles an hour.

(d.) Causeway Bay and Shaukiwan Road (except Quarry Bay

Village and Shaukiwan Village),..

(e.) In the rest of the Colony (including the New Territories),

15 miles an hour. ...20 miles an hour.

}

THE HONGKONG GOVERNMENT GAZETTE, APRIL 25, 1911.

171

　　　　7. After the 13th May, 1911, no person shall drive any wheeled vehicle propelled by a motor unless provided with a driver's licence issued by the Captain Superintendent of Police to such person for the particular class of vehicle driven, in addition to the appropriate licence under the Licensing Ordinance, 1887, or the Private Vehicles Ordinance, 1895.

8. Every driver's licence issued by the Captian Superintendent of Police under these Regulations shall be for the term of one year only. A fee of $10 shall be paid for each licence to drive four-wheeled vehicles, and $5 for each licence to drive two-wheeled vehicles.

9. The Captain Superintendent of Police shall not issue any driver's licence under these Regulations unless he is satisfied that the person applying for such licence is competent to drive the class of vehicle in respect of which such licence is applied for.

　　　10. Every driver of a wheeled vehicle propelled by a motor shall stop his vehicle and produce his licence for inspection, or give his name and address, whenever requested by a Police Officer so to do, and any person not complying with this regulation may be appre- hended by any Police Officer without a warrant.

Offences.

11. Any violation of these Regulations in respect of wheeled vehicies shall de deemed to have been committed by the driver thereof, and, if such driver proves that he was obeying the orders of any person occupying the vehicle at the time either as owner or hirer, such person shall likewise be deemed to have committed such violation.

12. In these Regulations the word "driver" includes the rider of a and the puller of a jinricksha.

includes the rider of a bicycle or tricycle

13. These Regulations shall not apply to electric tramcars or rolling stock on the railway.

COUNCIL CHAMBER,

25th April, 1911.

R. H. CROFTON,

Clerk of Councils.

No. 106.

　　　　Amendment of the Regulations under the Private Vehicles Licensing Ordinance, 1895, published in the Government Gazette on the 4th day of May, 1906, and on page 159 of the Regulations of Hongkong, 1910, made by the Governor-in-Council on the 25th day of April, 1911.

1. Regulation No. 3 (as published in the Regulations of Hongkong, 1910) is hereby amended by inserting between the words " year and "the" in the first line thereof the words, the fee for a motor car shall $24 a year, and ".

2. The following regulation shall be inserted between Regulation 6 and Regulation 7 and numbered GA:---

6a. Every licensed wheeled vehicle propelled by a motor shall carry the number of its licence clearly painted in white figures on a black ground at least four inches in height and not less than half an inch in thickness of line securely fastened to the rear axle, number facing to the back, or in such other posi- tion as the Captain Superintendent of Police may require. Such number shall not be obscured in any way and no other number shall be carried. During the period between sunset and sunrise every such vehicle shall also carry (in addition to the lamps required by Section 5 of the Vehicles Regulation Ordinance, 1899,) a lighted lamp attached to the vehicle so constructed and placed as to show a red light to the rear and to throw a white light on the licence number, and every such lamp shall be of such power as the Captain Superintendent of Police may prescribe."

　　　　3. Regulation No. 7 is hereby amended by inserting in the first line thereof between the words "vehicle" and "used" the words "(not propelled by a motor)".

COUNCIL CHAMBER,

25th April, 1911.

R. H. CROFTON,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 25, 1911.

171

Offences.

12. In these Regulations the word "driver" includes the rider of a and the puller of a jinricksha.

includes the rider of a bicycle or tricycle

13. These Regulations shall not apply to electric tramcars or rolling stock on the railway.

COUNCIL CHAMBER,

25th April, 1911.

R. H. CROFTON,

Clerk of Councils.

No. 106.

2. The following regulation shall be inserted between Regulation 6 and Regulation 7 and numbered GA:---

　　　　3. Regulation No. 7 is hereby amended by inserting in the first line thereof between the words "vehicle" and "used" the words "(not propelled by a motor)".

COUNCIL CHAMBER,

25th April, 1911.

R. H. CROFTON,

Clerk of Councils.

172

THE HONGKONG GOVERNMENT GAZETTE, APRIL 25, 1911.

No. 107.

Amendment of the Regulations under Section 3 of the Licensing Ordinance, 1887, published in the Government Gazette on the 29th day of July, 1899, and on pages 97 to 102 of the Regulations of Hongkong, 1910, made by the Governor-in-Council on the 25th day of April, 1911.

PUBLIC VEHICLES.

Jinrickshas.

　　　The following additional regulation shall be inserted between Regulations Nos. 32 and 33 of the above Regulations as published in the Regulations of Hongkong, 1910-

"32a. The flap at the back of the hood of a public jinricksha must be rolled up or

securely fastened down."

COUNCIL CHAMBER,

25th April, 1911.

R. H. CROFTON,

Clerk of Councils,

174

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

LEGISLATIVE COUNCIL.

No. 108.

LEGISLATIVE COUNCIL, No. 6.

THURSDAY, 20TH APRIL, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ÅLABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.). the Registrar General, (ARTHUR WINBOLT BREWIN). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD Osborne.

Mr. HENRY KESWICK.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

The Council met pursuant to summons.

　　　　The Minutes of the last Meeting, held on the 23rd March, 1911, were read and confirmed.

　　　　NEW MEMBER.-Mr. ALABASTER took the Oath and assumed his seat as a Member of the Council.

　　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 23 to 25, and moved that they be referred to the Finance Committee

No. 23.-Director of Public Works,-Personal Allowance, ...$1,359.45. No. 24.-Medical Departments, Institutes, Other Charges,

No. 25.-Post Office, Repairs to Steam-Launch,

250.00.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 23rd March, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question -put and agreed to.

PAPERS. The Colonial Secretary laid on the table the following papers:-

Report on the Police Magistrates' Courts for the year 1910.

Report on the Kowloon-Canton Railway (British Section) for the year 1910.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

175

　　　KOWLOON-CANTON RAILWAY.-His Excellency the Governor, pursuant to notice, addressed the Council and moved the following Resolution :----

It is hereby resolved that a sum of Dollars Four hundred and twelve thousand five hundred and one and Cents fifty-nine ($412,501.59) be advanced out of funds in the custody of the Government for the construction of the Kowloon-

Canton Railway (British Section) during the year 1911.

The Colonial Secretary seconded.

　　　Mr. HEWETT and Mr. POLLOCK addressed the Council and it was decided to postpone the Resolution until the next meeting of the Council.

QUESTION.-Mr. HEWETT, pursuant to notice, asked the following question :

With regard to the installation and operation of a station for Wireless Telegraphy in this Colony, and in view of the fact that the commercial community is becoming restless at the apparent inaction of this Government, will the Gov- ernment state definitely what steps it may be prepared to take to furnish whai is now an absolute necessity for a Colony, the greatest part of whose trade and life is connected with Shipping?

The Colonial Secretary replied.

STAMP AMENDMENT BILL.-The Attorney General addressed the Council and withdrew the Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901.

　　　FLOGGING AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Flogging Ordinance, 1903.

The Colonial Secretary seconded.

His Excellency the Governor addressed the Council. Question-put and agreed to..

Bill read a first time.

CORRECTION OF REFERENCES BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to correct certain references to previous Ordinances contained in the Ordinances passed in the years 1902 and 1903.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　REGISTERED PARTNERSHIPS BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to establish Registered Partnerships and to give effect to cer- tain Chinese Partnership Customs.

The Colonial Secretary seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a first time.

SUMMARY OFFENCES BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to further amend the Summary Offences Ordinance, 1845.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

WIDOWS' AND ORPHANS' PENSION AMENDMENT (No. 2) BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance further to amend the Widows' and Orphans' Pension Ordinance, 1908.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

176

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass. Bill passed.

ELECTRICITY SUPPLY BILL.-The Director of Public Works addressed the Council and moved the Second reading of the Bill entitled An Ordinance for regulating the supply of Electricity for Lighting and other purpose within the Colony of Hongkong and its depend-

encies.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Colonial Secretary moved that the Bill be referred to the Public Works Committee.

The Director of Public Works seconded.

Question-put and agreed to.

ADJOURNMENT.-The Council then adjourned until Thursday, the 27th April, 1911.

Read and confirmed this 27th day of April, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

No. 109. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 12 of 1911.-An Ordinance to amend the Flogging Ordinance,

1903.

Ordinance No. 13 of 1911.-An Ordinance to correct certain references to previous Ordinances contained in the Ordinances passed

in the years 1902 and 1903.

Ordinance No. 14 of 1911.-An Ordinance to further amend the Summary Offences

Ordinance, 1845.

176

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass. Bill passed.

encies.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Colonial Secretary moved that the Bill be referred to the Public Works Committee.

The Director of Public Works seconded.

Question-put and agreed to.

ADJOURNMENT.-The Council then adjourned until Thursday, the 27th April, 1911.

Read and confirmed this 27th day of April, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

No. 109. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 12 of 1911.-An Ordinance to amend the Flogging Ordinance,

1903.

Ordinance No. 13 of 1911.-An Ordinance to correct certain references to previous Ordinances contained in the Ordinances passed

in the years 1902 and 1903.

Ordinance No. 14 of 1911.-An Ordinance to further amend the Summary Offences

Ordinance, 1845.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28,

HONGKONG.

No. 12 OF 1911.

An Ordinance to amend the Flogging Ordinance,

1903.

F. D. LUGARD,

Governor.

[28th April, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Flogging Short title Amendment Ordinance, 1911", and it shall be read and and con- construed as one with the Flogging Ordinauce, 1993, here- struction. inafter called the Principal Ordinance".

2. Section 3 of the Principal Ordinance is hereby Amends amended by the addition after the figures "1865" in sub- section 3 of section (5) thereof of the words "sections 44 and 45 of the Principal the Offences against the Person Ordinance, 1865; ".

3. Section 4 of the Principal Ordinance is hereby re- pealed and the following section is substituted therefor:

Ordinance.

Repeals section 4 of the Principal

"4.-(1.) In the case of any crime made punishable Ordinance

under section 31 of the Larceny Ordinance, and sub- 1865, where the punishment of flogging is stitutes awarded by the Supreme Court on an offender section. whose age exceeds sixteen years the following provisions shall have effect :-

(a.) the sentence shall prescribe the num- ber of strokes to be inflicted;

(b.) the number of strokes shall not ex- ceed twenty-four and the instrument used shall be either the instrument commonly known as the "cat" or else a birch, as the Court, in its sentence, may specify;

(c.) the flogging shall be inflicted pri- vately in prison and within six months of the

sentence.

(2.) In all other cases where the punishment of flog- ging is awarded by the Supreme Court or by a Magistrate the following provisions shall

have effect-

(a.) the sentence shall prescribe the num- ber of strokes to be inflicted;

(b.) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve ;

(c.) in the case of any other offender the number of strokes shall not exceed twenty- four;

(d.) the flogging shall be inflicted with a birch on the breech, privately, in prison and within six months of the sentence."

Passed the Legislative Council of Hongkong, this 27th day of April, 191Ï.

another

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 28th

day of April, 1911.

C. CLEMENTI,

Colonial Secretary.

1911.

177

178

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

Short title.

Amend-

ments.

HONGKONG.

No. 13 OF 1911.

An Ordinance to correct certain references to previous Ordinances contained in the Ordin- ances passed in the years 1902 and 1903.

F. D. LUGARD,

Governor.

[28th April, 1911.]

WHEREAS the references to previous Ordinances cou- tained in the Ordinances passed in the years 1902 and 1903 are, for the most part, to the numbering of such Ordinances and to the numbering of the sections of such Ordinances as they were originally passed, and it is expedient to correct such references in order to make them correspond with the numberings of sneh Ordinances and sections of such Ordinances as they are contained in the Revised Edition of the Laws of the Colony issued by authority in virtue of Ordinance No. 12 of 1900 :-

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

:--

1. The Correction of References Ordinance, 1911.

2. The substitutions and amendments indicated in the schedule to the Ordinances therein indicated are hereby authorised to be made.

Extension 3. All references to the old numbering of Ordinances of amend- and of sections in any Ordinance passed prior to the years ments to

1902 and 1903 contained in any Ordinances passed in those repealed Ordinances. years which have since been repealed are hereby declared to have related to the corresponding Ordinances and sections of Ordinances as contained in the said Revised Edition.

Passed the Legislative Council of Hongkong, this 27th day of April, 1911.

R. H. CROFTON,

Clerk of Councils. ·

Assented to by His Excellency the Governor, the 28th day of April, 1911.

C. CLEMENTI,

Colonial Secretary.

SCHEDULE.

Ordinance No. 3 of 1902 :-

in section 2,

**-----

for 66 section 5 of Ordinance No. 3 of 1871

there shall be read "section 2 of Ordinance No. I of 1871".

Ordinance No. 6 of 1902 :-

in section 3,

for "section 4 >

there shall be read "section 3".

Ordinance No. 7 of 1902 :-

throughout,

for "Ordinance No. 14 of 1873",

there shall be read "Ordinance No. 4 of 1873 and for "section 25", "section 35" and "section 50

there shall be read "section 18", section 27 and "section 40 ", respectively;

and section 2 is repealed.

Ordinance No. 9 of 1902 :-

in section 1,

for "Ordinance No. 6 of 1883, as amended by Ordinance No. 18 of 1883",

there shall be read "Ordinance No. 2 of 1883 "

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

in section 2.

for Ordinance No. 6 of 1883 and of Ordinance No. 18 of 1883",

there shall be read " Ordinance No. 2 of 1883 ";

and for "No. 6 of 1883" there shall be read "No. 2 of 1883";

and in the title, the words from "(No. 6" to "of 1883) are repealed.

Ordinance No. 11 of 1902

in the preamble,

for Ordinance No. 21 of 1901 ",

there shall be read "Ordinance No. 15 of 1901 "; and in section 1 (2), the words "as amended by Ordinance No. 17 of 1900" are repealed.

Ordinance No. 15 of 1902 :-

throughout, for Ordinance No. 14 of 1875" and for words and figures referring to that Ordinance,

there shall be read "Ordinance No. 7 of 1875"; in section 3,

for section 9"

there shall be read section 6";

in section 6,

for "

Form B",

there shall be read "Form No. 3";

and in section 2, the words as amended by Ordin- ance 14 of 1896" are repealed.

Ordinance No. 20 of 1902 :-

in section 1,

for from "Ordinance 8 of 1873" to the end,

there shall be read "Ordinance No. 1 of 1873"; in section 2,

the words from "section 2 to "substituted " are repealed; and

for section 5 of Ordinance 8 of 1873 ",

there shall be read "section 3 of Ordinanco No.

1 of 1873";

and section 3 is repealed.

Ordinance No. 21 of 1902 :

throughout,

for "Ordinance No. 3 of 1860",

there shall be read "Ordinance No. 1 of 1860";

in section 2,

the words from " as amended " to the end are repealed;

in sections 3, 4 and 6,

for "section 3", "section 7", and section 15",

section S

there shall be read "section 4",

and section 16", respectively.

-Ordinance No. 36 of 1902 :

throughout,

for "Ordinance No. 3 of 1844",

there shall be read " Ordinance No. 1 of 1844";

in section 2,

for "section 14

there shall be read "section 26".

Ordinance No. 41 of 1902 :-

in sections 1 and 2,

for "No. 8 of 1901",

there shall be read "No, 6 of 1901 ".

· Ordinance No. 42 of 1902 :

throughout,

for the words "The Chinese Hospital Incor poration"

there shall be read The Tung Wa Hospital Incorporation";

in the title,

the words No. 3 of 1870" are repealed. Ordinance No. 45 of 1902 :

in the schedule,

for · 14 of 1845" and "section 3 (3)",

there shall be read "1 of 1845" and "section 6 (3)" respectively.

Ordinance No. 2 of 1903 :-

in the title,

the words " Consolidation

to the end, are repealed ;

in section 1,

and from "and to

the words "the Merchant Shipping Amendment Ordinance, 1901, and ", are repealed :

in section 3,

แ

the words from as amended to "1901 ", and "hereby further", are repealed;

179

180

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

in section 16,

for "sub-section (1) of section 35 of the Merchant Shipping Amendment Ordinance of 1901 ",

there shall be read "section 41 of the Principal Ordinance".

Ordinance No. 3 of 1903 :-

in section 3 (3),

for section 19 of Ordinance 4 of 1865",

there shall be read "section 20 of Ordinance

No. 2 of 1865 ",

and in (5), for "No. 7 of 1865"

there shall be read "No, 5 of 1865 ":

in section 8,

forNo. 10 of 1901 "

there shall be read " No. 7 of 1901 ".

Ordinance No. 5 of 1903 :-

In section 2,

for from "Ordinance No. 22 of 1890" to

•

1899",

there shall be read "section III of Ordinanc No. 1 of 1889 ".

Ordinance No. 16 of 1903 :-

in section 2,

for No. 8 of 1901",

there shall be read "No. 6 of 1901".

Short title

tion.

HONGKONG

No. 14 of 1911.

An Ordinance to further amend the Summary

Offences Ordinance, 1845.

F. D. LUGARD,

Governor.

[28th April, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as The Summary and construc. Offences Amendment Ordinance, 1911," and it shall be read and construed as one with the Summary Offences Ordinance, 1845, hereinafter called the Principal Or- linance", and the Ordinances amending the same.

Repeals sec- tion 11 of Ordinance

No. 1 of 1845

and substi-

tutes another section therefor.

Penalties for violation of sections 9 and 10.

2. Section 11 of the Principal Ordinance is hereby repealed and there shall be substituted the following:-

11.-(1.) Every person who violates, disobeys,

or fails to comply with any of the provisions- of section 9 shall be liable to a penalty not exceeding fifty dollars, besides the expenses of the removal of the building or thing oc- cupied or erected.

(2.) Every person who violates, disobeys, or fails to comply with any of the provisions of section 10 shall be liable to a penalty not exceeding five dollars."

Passed the Legislative Council of Hongkong, this 27th day of April, 1911.

R. II. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 28th

day of April, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

APPOINTMENTS, &c.

181

　　No. 110. It is hereby notified that the following are the first members of the Court of the University of Hongkong :-

Chancellor.

a His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.

Vice-Chancellor.-(Nominated by Council, appointed by Court.) Pro-Vice-Chancellor.-( Nominated by Court.) Pro-Chancellor.-(Elected by Court.)

Members.

6 ANDERSON, His Excellency Major-General CHARLES ALEXANDER,

b ATKINSON, Hon. Dr. JOHN MITFORD.

C.B.

b BADELEY, Hon. Mr. FRANCIS JOSEPH (Hon. Capt. FREDERICK WILLIAM LYONS

actiny).

BARNES, Hon. Mr. WARREN DELABERE (Hon. Mr. CECIL CLEMENTI acting). b BREWIN, Hon. Mr. ARTHUR WINBOLT.

a, e CHEUNG PAT SZ (

a, b CHATER, Hon. Sir CATCHICK PAUL, Kt., C.M.G.

CHATHAM, Hon. Mr. WILLIAM, C.M.G.

9 CHAN CHIK YÜ 儒席陳)-

(虞賡陳)

CHAN KANG YU (D). CHAU SIU KI () (岐少周)

9 CHIU YU TIN (1). a, e CLARK, Dr. FRANCIS WILLIAM. EDE, Mr. CHARLES MONTAGUE.

a, c GIBSON, Dr. ROBERT MACLEAN.

HEWETT, Hon. Mr. EDBERT Ansgar.

a, b, c Ho KAI (), Hon. Dr., C.M.G., M.B., M.R.C.S.

IRVING, Mr. EDWARD ALEXANDER.

JORDAN, Dr. GREGORY PAUL.

b KESWICK, Hon. Mr. HENRY.

d LAU CHU PAK (1).

a, e, e MAY, His Excellency Sir FRANCIS HENRY, K.C.M.G.

a MODY, Sir HORMUSJEE NOWROJEE, Kt.

NG HON TSZ (1).

墀漢伍)

NG LI HING().

b OSBORNE, Hon. Mr. EDWARD.

a, e PEARCE, Rev. THOMAS WILLIAM.

PIGGOTT, His Honour Sir FRANCIS TAYLOR, Kt.

a, b, c POLLOCK, Hon. Mr. HENRY EDWARD, K.C.

d Pozzoni, The Right Reverend Bishop.

REES DAVIES, Hon. Mr. WILLIAM, K.C., (Hon. Mr. CHALONER GRENVILLE

ALABASTER acting).

ROBERTSON, Mr. HERBERT WILLIAM.

u, e SCOTT, Mr. JAMES HENRY.

h SETHNA, Mr. D. K.

f STABB, Mr. NEWTON JOHN.

f STEWART, Mr. MURRAY.

b THOMSON, Hon. Mr. ALEXANder Macdonald.

d Victoria, The Right Reverend GERARD HEATH LANDER, Bishop of.

6 WEI YUK (), Hon. Mr., C.M.G.

a Life Members.

b Ex-Officio.

c Court of College of Medicine.

d Selected by Governor from nominees of Grant Schools.

e Non-resident.

Nominated by Governor in Class I.

28th April, 1911.

II. III.

182

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

No. 111.--It is hereby notified that the following are the first members of the Council of the University of Hongkong:-

SIF FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O., Chairman. The Treasurer of the University, Hon. Sir CATCHICK PAUL CHATER, Kt., C.M.G. The Director of Public Works, Hon. Mr. WILLIAM CHATHAM, C.M.G.

The Registrar General, Hon. Mr. ARTHUR WINBOLT BREWIN

The Principal Civil Medical Officer, Hon. Dr. JOHN MITFORD ATKINSON.

The Director of Education, Mr. EDWARD ALEXANDER IRVING.

Hon. Mr. HENRY EDWARD POLLOCK, K.C.

Mr. MURRAY STEWART (Hon. Mr. CECIL CLEMENTI acting). Hon. Dr. Ho KAI, C.M.G., M.B., M.R.C.S. (M). Hon. Mr.. WEI YUK, C.M.G. (†).

Mr. LAU CHU PAK (1).

28th April, 1911.

　　　　No. 112. His Excellency the Governor has been pleased to constitute a board to be known as the Subordinate Staff Board, to advise on certain matters connected with the clerical and subordinate branches of the Civil Service. His Excellency has further been pleased to approve the appointment of the Honourable Mr. ALEXANDER MACDONALD THOMSON to be Chairman, and CHARLES MCILVAINE MESSER and ROBERT OLIPHANT HUTCHISON to be Members of the Board, and during the absence on leave of the two latter officers of ARTHUR GEORGE MURCHISON FLETCHER and DAVID WILLIAM TRATMAN to act as Members of the Board.

24th April, 1911.

　　　　No. 113.-His Excellency the Governor has been pleased to appoint Mr. CHARLES MONTAGUE EDE, provisionally and subject to His Majesty's pleasure, to be au Un-official Member of the Legislative Council during the absence on leave of the Honourable Mr. EDWARD OSBORNE or until further notice, with effect from the 25th instant.

26th April, 1911.

　　　　No. 114. His Excellency the Governor has been pleased to appoint Major DONALD MACDONALD to act as Commandant, Hongkong Volunteer Corps, during the absence on leave of Lieutenant-Colonel ARTHUR CHAPMAN, V.D., or until further notice, with effect from the 29th instant.

26th April, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 115.It is hereby notified that the following Military Hospital Assistants trained in Western Medical Science are authorized to grant death certificates:

Rank and Name.

Remarks.

2nd Class Military Sub-Assistant Surgeon SAIYID MUHAMMAD

EJAZ, I.S.M.D.

3rd Class Military Sub-Assistant Surgeon PARTAB SINGH, I.S.M.D.

Allowed private

practice.

C. CLEMENTI,

Colonial Secretary.

28th April, 1911.

}

。,

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911.

No. 116. Financial Statement for the month of February, 1911.

REVENUE AND EXPENDITURE.

TREASURY.

Balance of Assets and Liabilities on 31st January, 1911, Revenue from 1st to 28th February, 1911,

Expenditure from 1st to 28th February, 1911,..

Balance,.........

$1,446,070.37

514,246,35

1,960,316.72

409,482.35

.$1,550,834.37

Assets and Liabilities on the 28th February, 1911.

LIABILITIES.

ASSETS.

183

Deposits not. Available,

Officers' Remittances,

227,401.35 66.40

Balance, Bank,

123,370.57

Subsidiary Coins,

342,513.34

Crown Agents' Advances,

5,036,770.57

Advances,

66,857.56

Suspense Account,

11.55

Imprest,

46,823.36

House Service Account,

Postal Agencies in China,

Total Liabilities,

Balance,

1,238.73 4,507.89

Railway Construction,

6,232,605.38

Crown Agents' Current Account,.

8,660.65

5,269,996.49

1,550,834,37

TOTAL,...

6,820,830.85

TOTAL,.........$

6,820,830.86

20th April, 1911.

A. M. THOMSON, Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 117.-It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. 5 of 1911.

25th April, 1911.

Wilfred Hunt.

25th April, 1911.

Description of Invention.

Messrs. Edmund Hunt and Company, Chartered Pa- tent Agents, 121 West George Street, Glasgow, North Britain.

An invention for improvements in

electric ceiling fans.

A: G. M. FLETCHER,

Registrar of Trade Marks.

186

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

EXECUTIVE COUNCIL.

No. 118. It is hereby notified that His Excellency the Governor-in-Council has given directions for the rescission of Proclamation No. 2 cf the 2nd February, 1911, declar- ing Chefoo, Chin-wang-tao, Dalny and Newchwang, and of Proclamation No. 3 of the 1st March, 1911, declaring Taku and Tientsin, to be ports or places at which an infectious or contagious disease prevails, and that the same are hereby rescinded.

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

4th May, 1911.

APPOINTMENTS, &c.

No. 119. His Excellency the Governor has been pleased to appoint ARTHUR GEORGE MURCHISON FLETCHER to act as Assessor of Rates, in addition to his other duties, during. the absence on leave of ARTHUR CHAPMAN, V.D., or until further notice, with effect from this date.

29th April, 1911.

　　　No. 120. His Excellency the Governor has been pleased to appoint, under Section 7 of the Public Health and Buildings Amendment Ordinance, 1903, (Ordinance No. 23 of 1903), Police Sergeant GEORGE SIM to be a Sanitary Inspector for Aberdeen, vice Inspector ALFRED GEORGE DYMOND, with effect from this date.

29th April, 1911.

　　　No. 121.-The King's Exequatur empowering Mr. JOHAN ERIK EVALD HULTMAN to act as Swedish Consul-General for Hongkong has received His Majesty's signature.

29th April, 1911.

　　　No. 122.-His Excellency the Governor has been pleased to appoint the Honourable Mr. HENRY EDWARD POLLOCK, K.C., provisionally and subject to His Majesty's pleasure, to be an Un-official Member of the Executive Council during the absence on leave of the Honourable Sir CATCHICK PAUL CHATER, Kt., C.M.G., or until further notice, with effect from this date.

3rd May, 1911.

　　　No. 123. His Excellency the Governor has been pleased to appoint Mr. CHARLES HENDERSON ROss, provisionally and subject to His Majesty's pleasure, to be an Un-official Member of the Legislative Council during the absence on leave of the Honourable Mr. HENRY KESWICK or until further notice, with effect from this date.

3rd May, 1911.

NOTICES.

COLONIAL SECRETARY'S Department.

No. 124. With reference to Government Notification No. 358 of the 18th November, 1910, it is hereby notified that the new Treaty of Commerce and Navigation between Great Britain and Japan signed at London on the 3rd April, 1911, may be seen at this Office.

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

187

No. 125.-The following corrected copy of the Register of Medical and Surgical Practitioners qualified to practise Medicine and Surgery in this Colony is published by me in accordance with the provisions of Ordinance 1 of 1884.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY.

NAME.

ADDRESS.

NATURE OF QUALIFICATION.

DATE OF QUALIFICATION.

Allan, James Cyril Dalmahoy,... 31 Queen's Road

Central.

Aubrey, George Ernest

Peak Hotel.

Belilios, Raphael Aaron

King Edward Hotel.

Black, George Duncan Ralph.... Alexandra Build-

ings.

Fitzwilliams, Gerard Hall Lloyd | 31 Queen's Road

Central.

Bachelor of Medicine and Bachelor of Surgery of the University of Edinburgh.

Member of the Royal College of Sur- geons (England); Licentiate of the Royal College of Physicians (London) ; and Bachelor of Medicine and Surgery of the London University.

Fellow of the Royal College of Surgeons

of Edinburgh. Doctor of Medicine of the University of

Edinburgh.

Doctor of Medicine of the University of

Toronto.

Bachelor of Medicine and Surgery and Doctor of Medicine, Edinburgh Uni- versity; and Fellow of the Royal College of Surgeons, Edinburgh.

31st July, 1905.

1903.

1904.

21st October, 1903.

28th July, 1905.

9th June, 1905.

25th October,

1904.

Forsyth, Charles

Nathan Road, Kowloon.

Bachelor of Medicine and Surgery,

Edinburgh.

11th August,

1898.

Fellow of the Royal College of Surgeons,

Edinburgh.

1902.

Gale, Daisy Annabella Murdoch

77 Peak, Hongkong.

M.B., Bac. Surg. 1900.

7th November,

1901.

Gibson, Robert McLean

London Mission House.

Gomes, Antonio Simplicio

Gröne, Friedrich

3, Gomes Villas, Kowloon.

Queen's Gardens, Hongkong.

Harston, George Montagu

Alexandra Build- ings.

Master of Surgery and Bachelor of Me- | 24th Oct., 1896.

dicine of the University of Edinburgh. Doctor of Medicine of the University of

Edinburgh.

Member of the Royal College of Surgeons, England; Licentiate in Midwifery of the same; Licentiate of the Royal Col- lege of Physicians, Edinburgh; Licen- tiate of the Faculty of Physicians and Surgeons, Glasgow.

Member of the Royal College of Sur- geons, England; Licentiate of the Royal College of Physicians, London,

1900.

1867.

2nd August,

1901.

Member of the Royal College of Surgeons; | 10th Feb., 1898.

Licentiate of the Royal College of

Heanley, Charles Montagne...... Cameron Villas,

Kowloon.

Physicians, London; and Doctor of

Medicine of the University of London.

1900.

Bachelor of Medicine and Surgery of the 9th November,

London University; Member of the Royal College of Surgeons (London); Licentiate of the Royal College of Physicians (London); and a Diplomat in Public Health and a Diplomat of Tro- pical Hygiene of Cambridge University.

188

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY,-Continued.

ΝΑΜΕ.

Hobson, Hugh George

Hoch, Karl..

Jordan, Gregory Paul

Justi, Carol

Majima, Keinosuke

Marriott, Oswald

Mitchell, Isaiah Edward

Motoshige Enomoto

Muller, Oskar

Paul, David Robert

Perkins, Eleanor Whitworth

ADDRESS.

Kingsclere, Hongkong.

Hotel Mansions, Hongkong.

Prince's Buildings.

Fairview, 3, Robinson Road, and] 16, Queen's Road,

Killadoon, No. 151, Wanchai Road.

Alexandra Buildings.

London Mission, 2, Bonham Road.

No. 15, Macdonnell Road.

16, Queen's Road Central.

1, Victoria View, Kowloon.

Alice Memorial Hospital.

No. 2, Hollywood Road.

Polishvala, Kaikhosru Jamsetji

Sanders, James Herbert

| No. 70, The Peak, Hongkong.

Sibree, Alice Deborah

Stedman, Frederic Osmund

NATURE OF QUALIFICATION.

Member of the College of Surgeons (England); Licentiate of the College of Physicians (London).

DATE OF QUALIFICATION.

24th April,

1907.

Doctor of Medicine of the University of

Kiel.

7th May, 1904.

Bachelor of Medicine and Master in Sur- | 2nd Aug., 1880,

gery of the University of Edinburgh,

and

and Member of the Royal College of 21st Oct., 1884. Surgeons of England.

Degree of Doctor of Medicine granted by the University of Marburg, Germany.

21st October,

1897.

Graduate of the Medical College of the

Imperial University, Tokio.

30th March, 1898.

Licentiate of the Royal College of Phy- 26th Jan., 1900.

sicians of London, Member of the Royal College of Surgeons of England; Doctor of Medicine of the University of London; Bachelor of Medicine and Bachelor of Surgery of the same; and Doctor of Medicine of the University of Brussels.

B.A., M.D., C.M., University of Mon-

treal.

Dec., 1908.

May, 1908.

1908.

June, 1903.

Doctor of Medicine of the University of 19th December,

Tokio.

1906.

Doctor of Medicine of the University of | 10th Apr., 1897.

Munich and German State Examination.

Licentiate of the Royal College of Phy- sicians of Edinburgh and Licentiate of the Royal College of Surgeons of Edinburgh, and Licentiate of Midwifery of the Royal College of Surgeons.

Doctor of Medicine and Bachelor of Sur-

gery of the London University.

2nd January, 1884.

6th December, 1906.

Licentiate of Medicine and Surgery of 18th February,

the University of Bombay.

1902.

1900.

Member of the Royal College of Surgeons, 10th February,

England; Licentiate of the Royal Coil- ege of Physicians, London; and Doctor | of Medicine of the University of Brussels.

Licentiate of the Royal College of Phy- Bonham Road, and ; sicians, Edinburgh; Licentiate of the Royal College of Surgeons, Edinburgh ; Licentiate of the Faculty of Physicians and Surgeons, Glasgow.

No. 6,

Bank Buildings.

20, The Peak, and Alexandra

Buildings.

Member of the Royal College of Sur- geons, England; Licentiate of the So- ciety of Apothecaries, London; Doctor of Medicine of the University of Lon- don; Bachelor of Surgery of the same.

1901.

30th Apr., 1885. 23rd Dec., 1884. 19th Dec., 1888. 21st Dec., 1887.

All Civil Medical Officers and all Medical Officers of His Majesty's Army and Navy, respectively serving in Hongkong on full pay, shall be deemed to be registered under this Ordinance. (Ordinance I of 1884, Section 19.)

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

189

　　No. 126.-It is hereby notified that the Court Mourning for His late Majesty King Edward VII will terminate at midnight of the 6th instant.

　　No. 127. It is hereby notified that His Excellency the Governor has been pleased to appoint, under the provisions of Section 8 of the Public Holidays Ordinance, 1875, (Ordinance No. 2 of 1875), Thursday and Friday, the 22nd and 23rd days of June, 1911, to be observed as public holidays.

•

　　His Excellency the Governor has also been pleased to appoint Saturday, the 24th June, 1911, to be observed as a Government holiday.

　　No. 128. His Excellency the Governor has been pleased to exclude, under the pro- visions of Section 3 of the Public Holidays Ordinance, 1875, (Ordinance No. 2 of 1875), as amended by Ordinance No. 12 of 1910, the Police Magistrates' Department from the operation of the first mentioned Ordinance, on Friday, the 23rd June, 1911.

5th May, 1911.

C. CLEMENTI,

Colonial Secretary.

OBSERVATORY.

No. 129. Extract of Meteorological Observations made at the Hongkong Observa- 40ry during the month of April, 1911.

BARO-

TEMPERATURE.

HUMIDITY.

WIND.

METER

DATE.

CLOUDI SUN-

NESS. SHINE.

RAIN.

M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir.

Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

30.03

65.6

63.3

61.3. 84

0.49

0.9

0.030

E by N 25.0

.05

68.6

65.3

62.1

.50

9.4

19.2

.09

69.2

62.5 66.2

.51

6.3

17.5

.04

72.7 67.5

63.7 80

.54

3.6

15.0

.00

76.0

.03

70.2

70.7 68.2 66.0

67.1

.61

9.7

E by

13.0

.60

3.3

0.020

E by S

15.5

29.99

71.9 68.3 66.1 86

.60

1.9

14.5

.91

76.5

71.4 67.7

.64

8.8

...

E by S

13.6

.83

77.6 72.2

69.9 89

.70

3.8

0.005

E by S

6.0

10,

.79

73,5 71.3 68.7

.72

100

1.3

1.215

ESE

7.7

11,

.86

76.1

69.4

66.2 80

.57

8.4

14.5

...

12,

.91

74.9

67.1

63.7

.50

4.1.

2.160

E by N 26.3

13,

.96

70.7 66.8 63.2

.58

1.8

0.210

E by N 20.1

14,

.99

70.2 67.3 65.3

.59

0.3

0.280

11.5

15,

.98

72.2 68.7 66.2

.53

6.6

...

16,

.96

69.9 67.6

65.2

.53

0.9

E by N 17.2

E by N 14.4

17,

30.05

68.0 64.4

62.3

.40

100

0:090

N by E

9.7

18,

.07

70.3 66.6

63.1

.38

1.8

E by N

12.1

19,

.06

69.0 66.1

63.0

.49

0.1

0.015

4.9

20,

.08

77.1 69.7

64.9

.57

6.1

E by S

6.2

21,

.10

75.8

71.2 67.7

.61

9.8

E by S

10.7

22,

.02

80.1

73.4

67.4 81

.66

11.3

5.6

23,

29.91

78.9 73.7 70.1

.73

6.3

0.030

8.8

24,

.83

82.6

76.5

72.6

.76

9.7

4.6

25,

.84

85.6 77.8

71.8

.77

11.0

N Why Wị 3.8

26,

.86

86.9

70.5 78.5

.80

9.3

7.4

27.

.88

69.0 67.4 65.1

.56

0.1

0.370

E by N 24.9

28,

.87

71.9

70.0 68.0

.63

100

0.045

E by N 19.2

29,

.87

74.2

71.7 70.0 94

.73

2.1

0.225

17.6

30,

.87

75.1!

73.4

71.4

.80

100

0.1

1.240

13.1

...

Meals or

29.96

74.0 69.7

66.4 82

0.60

76 138.8

5.935

13.3

Total,

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

189

　　No. 126.-It is hereby notified that the Court Mourning for His late Majesty King Edward VII will terminate at midnight of the 6th instant.

•

　　His Excellency the Governor has also been pleased to appoint Saturday, the 24th June, 1911, to be observed as a Government holiday.

5th May, 1911.

C. CLEMENTI,

Colonial Secretary.

OBSERVATORY.

No. 129. Extract of Meteorological Observations made at the Hongkong Observa- 40ry during the month of April, 1911.

BARO-

TEMPERATURE.

HUMIDITY.

WIND.

METER

DATE.

CLOUDI SUN-

NESS. SHINE.

RAIN.

M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir.

Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

30.03

65.6

63.3

61.3. 84

0.49

0.9

0.030

E by N 25.0

.05

68.6

65.3

62.1

.50

9.4

19.2

.09

69.2

62.5 66.2

.51

6.3

17.5

.04

72.7 67.5

63.7 80

.54

3.6

15.0

.00

76.0

.03

70.2

70.7 68.2 66.0

67.1

.61

9.7

E by

13.0

.60

3.3

0.020

E by S

15.5

29.99

71.9 68.3 66.1 86

.60

1.9

14.5

.91

76.5

71.4 67.7

.64

8.8

...

E by S

13.6

.83

77.6 72.2

69.9 89

.70

3.8

0.005

E by S

6.0

10,

.79

73,5 71.3 68.7

.72

100

1.3

1.215

ESE

7.7

11,

.86

76.1

69.4

66.2 80

.57

8.4

14.5

...

12,

.91

74.9

67.1

63.7

.50

4.1.

2.160

E by N 26.3

13,

.96

70.7 66.8 63.2

.58

1.8

0.210

E by N 20.1

14,

.99

70.2 67.3 65.3

.59

0.3

0.280

11.5

15,

.98

72.2 68.7 66.2

.53

6.6

...

16,

.96

69.9 67.6

65.2

.53

0.9

E by N 17.2

E by N 14.4

17,

30.05

68.0 64.4

62.3

.40

100

0:090

N by E

9.7

18,

.07

70.3 66.6

63.1

.38

1.8

E by N

12.1

19,

.06

69.0 66.1

63.0

.49

0.1

0.015

4.9

20,

.08

77.1 69.7

64.9

.57

6.1

E by S

6.2

21,

.10

75.8

71.2 67.7

.61

9.8

E by S

10.7

22,

.02

80.1

73.4

67.4 81

.66

11.3

5.6

23,

29.91

78.9 73.7 70.1

.73

6.3

0.030

8.8

24,

.83

82.6

76.5

72.6

.76

9.7

4.6

25,

.84

85.6 77.8

71.8

.77

11.0

N Why Wị 3.8

26,

.86

86.9

70.5 78.5

.80

9.3

7.4

27.

.88

69.0 67.4 65.1

.56

0.1

0.370

E by N 24.9

28,

.87

71.9

70.0 68.0

.63

100

0.045

E by N 19.2

29,

.87

74.2

71.7 70.0 94

.73

2.1

0.225

17.6

30,

.87

75.1!

73.4

71.4

.80

100

0.1

1.240

13.1

...

Meals or

29.96

74.0 69.7

66.4 82

0.60

76 138.8

5.935

13.3

Total,

190

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR APRIL :-

Max'm, Mean, Miu'm,

29.99 29.96 29.92

77.7 73.1 69.6 89 0.70 66.9 74.5 70.1 71.5 66.5 63.7 81

3853

89 160.0 14.89

0.64

104.3

5.88

0.57

53.3

1.23

3rd May, 1911.

18.9

14.9

12.2

F. G. FIGG, Director.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 130.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 157 A & B of 1897.

29th April, 1897.

The Harburg and Vienna India Rubber Company, Limited.

28th April, 1925.

40.

29th April, 1911.

A. G. M. FLetcher,

Registrar of Trade Marks.

190

THE HONGKONG GOVERNMENT GAZETTE, MAY 5, 1911.

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR APRIL :-

Max'm, Mean, Miu'm,

29.99 29.96 29.92

77.7 73.1 69.6 89 0.70 66.9 74.5 70.1 71.5 66.5 63.7 81

3853

89 160.0 14.89

0.64

104.3

5.88

0.57

53.3

1.23

3rd May, 1911.

18.9

14.9

12.2

F. G. FIGG, Director.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 130.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 157 A & B of 1897.

29th April, 1897.

The Harburg and Vienna India Rubber Company, Limited.

28th April, 1925.

40.

29th April, 1911.

A. G. M. FLetcher,

Registrar of Trade Marks.

192

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

PROCLAMATIONS.

}

No. 4.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　　Whereas by the Military Stores (Prohibition of Exportation) Ordinance, 1862, it is enacted that it should be lawful for His Excellency the Governor, by and with the advice of the Executive Council, by Proclamation to be published in the Hongkong Government Gazette or in any Extraordinary Gazette, to prohibit, for such period as should be mentioned in such Proclamation, either to be exported from the Colony of Hongkong, or to be carried coastwise within the said Colony (amongst other things) Arms, Ammunition, Gunpowder, and Military and Naval Stores, and any articles which His Excellency may judge capable of being converted into or made useful in increasing the quantity of Military or Naval Stores, or any or either of such Arms, Ammunition, Gunpowder, Stores, Goods or Articles respect- ively, subject to any permission that may be obtained under Section 3 of the Ordinance:

　　　　And whereas, by various Proclamations issued from time to time, such exportation and carriage coastwise were prohibited, and remain prohibited until the 27th day of May, 1911, and that it is expedient to continue such prohibition:

　　　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, by and with the advice of the Executive Council of this Colony, do, by this Proclamation, prohibit for a further period of one year from and including the 28th day of May,

　　　　　　1911, either to be exported from the Colony of Hongkong, or to be carried coastwise within the said Colony, Arms, Ammunition, Gunpowder. Military and Naval Stores, Sulphur and Saltpetre, the last two being articles which I judge capable of being con- verted into or made useful in increasing the quantity of Military or Naval Stores, or any or either of such Arms, Ammunition, Gunpowder, Stores, Goods or Articles respectively, unless this Proclamation shall, in the meantime, be revoked, or unless permission shall have been obtained under Section 3 of the Ordinance above mentioned.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 10th day of May, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 131.

Order made by the Governor-in-Council under Section 5 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 4th day of May, 1911.

Whereas the Governor-in-Council by virtue of the power vested in him by Section 5 of the Dangerous Goods Ordinance, 1873, has from time to time declared certain substances other than those enumerated in Section 3 of the said Ordinance to be dangerous goods:

　　　　Now the Governor-in-Council in further pursuauce of the said power vested in him as aforesaid declares that in addition to such substances the following shall be deemed to be dan- gerous goods:-

Compressed Oxygen. Compressed Acetylene.

G..!

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911. 193

No. 132.

　　　Order made by the Governor-in-Council under Section 10 (3) of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873). this 4th day of May, 1911.

Conditions of Licence to store Compressed Oxygen.

1. Compressed Oxygen shall be stored only in a fire-proof room or store.

　　　2. Such room or store shall be sufficiently well lighted and shall be thoroughly well ventilated and kept cool.

　　　3. No fire, matches, or artificial light (except the electric light) shall be used or allowed within such room or store.

4. Such room or store shall be kept locked as much as possible.

　　　5. No goods of a highly combustible nature shall be kept in the same room or store with Compressed Oxygen.

6. Compressed Oxygen shall be packed in cylinders.

　　　7. Cylinders shall be made of wrought iron or mild steel of the best quality, containing 99 per cent. of iron, and not more than 25 per cent. of carbon, thoroughly annealed after manufacture. They shall be of sufficient strength and efficiently tested.

　　　8. Each cylinder shall bear a label stating in legible characters, both in English and Chinese, the words "Compressed Oxygen-Dangerous".

9. Cylinders shall not be charged to a greater pressure than 1,800 lbs. per square inch.

Conditions of Licence to store Compressed Acetylene.

1. Compressed Acetylene shall be stored only in a fire-proof room or store.

　　　2. Such room or store shall be sufficiently well lighted and shall be thoroughly well ventilated and kept cool.

　　　3. No part of any such room or store shall be situated within 50 yards of any building, wharf, anchorage or public highway.

　　　4. No fire, matches, or artificial light (except the electric light) shall be used or allowed within any such room or store.

5. Such room or store shall be kept locked as much as possible.

　　　6. No other goods of any description whatever shall be kept in the same room or store with Compressed Acetylene.

7. Compressed Acetylene shall be packed in cylinders.

　　　8. Cylinders shall be made of wrought iron or mild steel of the best quality, containing 99 per cent. of iron, and not more than 0.25 per cent. of carbon, thoroughly annealed after manufacture. They shall be of sufficient strength and efficiently tested.

　　　9. No single cylinder shall contain more than 200 cubic feet of Acetylene dissolved in Acetone, and shall not be charged to a greater pressure than 240 lbs. per square inch.

　　10. Each cylinder shall bear a label stating in legible characters, both in English and Chinese, the words "Compressed Acetylene-Dangerous ".

194

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

No. 133.

Additional Rule made by the Governor-in-Council under Sec- tion 6 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 4th day of May, 1911.

Rule 7 (7) of the Bulk Oil Rules published in the Gazette on the 16th March, 1906, and on page 43 of the Regulations of Hongkong, 1910, is hereby amended:-

(1.) By the addition after the words "by which she entered" in sub-sub-section (a) thereof of the words "unless a a permit to transship such Petroleum is obtained under Rule 7 (7) (c)".

(2.) By the addition after sub-sub-section (b) thereof of the following new sub-sub-

section of Rule No. 7 (7):

"(.) A permit to transship Petroleum flashing at a temperature of less than 73° Fahrenheit may be issued by the Harbour Master upon the Master or Agent giving an undertaking to his satisfaction that such Petroleum shall not be landed in the Colony, and every such transshipment shall be made only into another tank steamer, or a properly constructed and equipped tank lighter. Every such transshipment shall take place without delay in one of the pres- cribed Dangerous Goods Anchorages, and the tank steamer or tank lighter receiving such Petroleum shall immediately leave the waters of the Colony direct from such Anchorage."

No. 134.

　　　Regulations relating to Distilleries made by the Governor-in- Council under Section 95 (e) of the Liquors Consolidation Ordin- ance, 1911, (Ordinance No. 9 of 1911), this 4th day of May, 1911.

The additional Regulation made by the Officer Administering the Government-in- Council under Section 55 (e) of the Liquors Ordinance, 1909, (Ordinance No. 27 of 1909), on the 6th day of October, 1910, is repealed and there shall be substituted therefor the following Regulations :-

"7. The licensee of every distillery in the New Territories (exclusive of New Kow- loon and the Island of Cheung Chau) shall make or cause to be made an entry in a book to be kept for that purpose stating the total amount of liquor produced by each day's distillation.

8. Such entry shall be made before 10 a.m. each day except in cases when the pro-

cess may be still incomplete at that hour.

9. The onus of proving the exception shall lie with the distiller.

10. Such book shall at all times be open to the inspection of the Superintendent or

of any Revenue Officer."

No. 135.

　　　Rules made by the Governor-in-Council under Section 6 of the New Territories (Consolidation) Ordinance, 1910, (Ordinance No. 34 of 1910), this 4th day of May, 1911.

}

　　　1. The holder of any kerosine oil licence may upon the payment of an additional fee of $2 obtain a licence to hawk kerosine oil within such districts in the New Territories, other than New Kowloon, as may be endorsed on his licence.

　　　　2. The vessels in which the kerosine oil so licensed to be hawked is carried are to be approved in the case of licences issued in the Northern District by the District Officer and in the case of licences issued in the Southern District by the Captain Superintendent of Police, or such other Police Officer as he may depute.

　　　3. If any licensee commits a breach of these rules his licences may be cancelled by the Governor-in-Council without prejudice to any other penalty to which he may be liable.

གོ

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

No. 136.

195

　　Additional Regulation made by the Governor-in-Council under Section 23 (11) of the Waterworks Ordinance, 1903, (Ordinance No, 16 of 1903), this 4th day of May, 1911.

　　There shall be added to the Waterworks Regulations published in the Gazette on the 9th day of October, 1905, and on pages 505 to 13 of the Regulations of Hongkong, 1910, the following additional regulation:

Fishing.

41. The use of nets or other appliances, including rods and lines, for taking fish, and the use of any dynamite or other explosive substance or any poison- ous, stupefying or noxious substance to catch or destroy fish in the reser- voirs is strictly prohibited, provided always that permission to fish with rod and line may be granted by licence by the Water Authority; such licence must be produced when demanded by any Police Officer or Constable- or by any waterworks official or custodian.'

No. 137.

　　Further Regulations made by the Governor-in-Council under Section 3 of the Live Stock Import and Export Regulation Ordinance, 1903, (Ordinance No. 15 of 1903), in respect to the import and export of cattle and other live stock to and from the Colony, this 4th day of May, 1911.

　　The following Regulations shall be added to the Regulations published on pages 500 and 501 of the Regulations of Hongkong, 1910, and to the Regulation published in the Gazette on the 30th day of April, 1910: -

"10. Cattle.-Each animal conveyed in any vessel shall, except as hereinafter - provided, have not less than 14 square feet of deck space allotted: foot- holds shall be provided to prevent slipping: the animals shall stand athwart- ships: they shall be secured by a halter and shall not be tied by the nose. Provided that in the case of cattle under 2 years of age the deck space allotted

shall be 14 square feet for every 2 such cattle.

11. Sheep and Goats shall be carried in any vessel in substantially built pens containing not more than 40 in each pen: 3 square feet shall be allowed per head.

12. Pigs. Not more than 40 pigs in any vessel shall be placed in a pen: 3 square feet shall be allowed per head, 2 pigs under 80 lbs. live weight to count as one, 3 under 50 lbs. live weight to count as one.

When carried in crates a separate crate shall be assigned to each pig. Crates. shall be stacked 2 deep only; between each pile, of crates an alleyway shall be left 18 inches wide to allow food and water to be given; the pigs' heads shall face the alleyway on either side. Crates shall be made either of bam- boo with dunnage mats at the bottom strong enough to prevent a pig get- ting its leg through, or else of round rattan.

13. Poultry. The baskets or crates in which poultry are carried are to be supplied with mats or to be otherwise so constructed as to prevent the poultry get- ting their legs through.

14. The Master of every vessel shall (in addition to the actual offender) be deemed to be guilty of any contravention of these Regulations which may occur while he is on board his ship and shall be liable to be proceeded against and punished accordingly.

15. For the purpose of these Regulations the term "vessel" means any ship, junk or boat of any kind whatever whether propelled by steam, electricity, sails or oars."

196

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

No. 138.

　　　Additional Regulations made by the Governor-in-Council under Section 6 (h) of the Pharmacy, Ordinance, 1908, ( Ordinance No 12 of 1908), as amended by Section 15 of the Pharmacy Amendment Ordinance, 1910, (ordinance No. 9 of 1910), this 4th day of May,

1911.

tions: :--

　　　There shall be added to the Regulations published in the Gazette on the 2nd day of September, 1910, by Government Notification No. 268, the following additional Regula-

(6.) No person shall export any of the poisons mentioned in the Schedule to the Pharmacy Amendment Ordinance, 1910, to any country which prohibits or restricts the import of such poison, except in such quantities and subject to such regulations as may be prescribed by the country to which such export is intended, provided that the names of all countries which prohibit or restrict the import of any of the said poisons and the regulations pres- cribed by such countries shall be notified in the Gazete.

(7.) If the Sup rintendent of Imports and Exports is not satisfied that the ship- ment of any of the aforesaid poisons is being made in accordance with the regulations of the place or port of destination, he shall refuse to allow export thereof."

COUNCIL CHAMBER,

4th May, 1911.

No. 139.

Amendment of Regulations made by the Governor-in-Council under Section 7 of the Vehicles Regulation Ordinance, 1899, this 11th day of May, 1911.

Motor Cars and Motor Cycles.

Regulation No. 9 of the Regulations made by the Governor-in-Council under Section 7 of the Vehicles Regulations Ordinance, 1899, and published in the Government Gazette on the 25th day of April, 1911, is hereby amended by adding the following clause at the end thereof:-

"The Captain Superintendent of Police may at any time in his absolute discretion

revoke or suspend any driver's licence issued by him."

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

11th May, 1911.

LEGISLATIVE COUNCIL.

No. 140.

No. 7

LEGISLATIVE COUNCIL,

1HURSDAY, 27TH APRIL, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.0.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

.Mr. EDBERT ANSGAR HEWETT.

Mr. HENRY KESWICK.

Mr. CHARLES MONTAGUE EDE.

196

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

No. 138.

1911.

tions: :--

　　　There shall be added to the Regulations published in the Gazette on the 2nd day of September, 1910, by Government Notification No. 268, the following additional Regula-

COUNCIL CHAMBER,

4th May, 1911.

No. 139.

Amendment of Regulations made by the Governor-in-Council under Section 7 of the Vehicles Regulation Ordinance, 1899, this 11th day of May, 1911.

Motor Cars and Motor Cycles.

"The Captain Superintendent of Police may at any time in his absolute discretion

revoke or suspend any driver's licence issued by him."

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

11th May, 1911.

LEGISLATIVE COUNCIL.

No. 140.

No. 7

LEGISLATIVE COUNCIL,

1HURSDAY, 27TH APRIL, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.0.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

.Mr. EDBERT ANSGAR HEWETT.

Mr. HENRY KESWICK.

Mr. CHARLES MONTAGUE EDE.

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

ABSENT:

197

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Council met pursuant to adjournment.

　　The Minutes of the last Meeting, held on the 20th April, 1911, were read and confirmed.

　　QUESTION. - Dr. Ho Kai gave notice that he will ask the following question at the next meeting of the Council:-

Will the Government bay on the table at the next meeting of this Council a return

showing.

(1.) The total amount of revenue,

(2) The total amount of expenditure,

(3.) The amount of margin (if any),

(4.) The amount of military contribution, and

(5.) Total amount spent on Public Works Extraordinary

for the years 1896 to 1910 inclusive?

　　　NEW MEMBER.--Mr. C. MONTAGUE EDE took the Oath and assumed his seat as a Mem- ber of the Council.

PAPERS.--The Colonial Secretary laid on the table the following papers:-

Report on the Assessment for the year 1911-1912.

Report of the Director of the Observatory for the year 1910.

FINANCIAL MINUTES.--The Colonial Secretary laid on the table Financial Minute No. 26, and moved that it be referred to the Finance Committee:--

No. 26.-rown Solicitor, Personal Emoluments,

The Colonial Treasurer seconded.

Question-put and agreed to.

.$3,428.57.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 20th April, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

KOWLOON-CANTON RAILWAY.-The discussion of the following Resolution, postponed from the last meeting of the Council, was resumed :-

It is hereby resolved that a sum of Dollars Four hundred and twelve thousand five

hundred and one and Cents fifty-nine ($412,501.59) be advanced out of funds in the custody of the Government for the construction of the Kowloon- Canton Railway (British Section) during the

year 1911.

The Colonial Secretary, Mr. HEWETT, Mr. POLLOCK, Mr. KESWICK and His Excellency the Governor addressed the Council.

Question-put and agreed to.

　　　FLOGGING AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Flogging Ordinance,

1903.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

198

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

Bill read a third time.

Question put that this Bill do pass.

Bill passed.

　　　CORRECTION OF REFERENCES BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to correct certain references to previous Ordinances contained in the Ordinances passed in the years 1902 and 1903.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

REGISTERED PARTNERSHIPS BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to establish Registered Partner- ships and to give effect to certain Chinese Partnership Customs.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

　　　On the motion of the Attorney General, seconded by the Colonial Secretary, it was decided to refer the Bill to a Special Committee of the Council.

　　　His Excellency the Governor then appointed the following to be Members of the Special Committee:-The Attorney General (Chairman), the Registrar General, Dr. Ho Kai, Mr. WEI YUK, and Mr. POLLOCK.

SUMMARY OFFENCES BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Summary Offences Ordinance, 1845.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put--that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned sine die.

Read and confirmed this 11th day of May, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

199

No. 141.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :---

Ordinance No. 15 of 1911.-An Ordinance to amend the Census Ordinance, 1911.

HONGKONG.

No. 15 OF 1911.

An Ordinance to amend the Census Ordinance,

1881.

F. D. LUGARD,

Governor.

[12th May, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as dinance Amendment Ordinance, 1911 ".

"The Census Or- Short title.

2. The Census Ordinance, 1881, is hereby amended as follows:-

(1.) In section 2 (1) thereof, by the deletion of the words and may from time to time appoint and remove such officers as may be necessary for the purpose", and by the substitution therefor of the words "may appoint such census officers as may be necessary for the purpose of conducting the census and acting as enumerators, and may cancel such appoint- ments"

(2.) In section 3 thereof, by the insertion of the word "so" after the word "officers", and by the deletion of the words "to take the census (3.) In section 4 thereof, by the deletion of the

words "under the direction of the Governor". (4.) In section 5 thereof, by the deletion of the words "posted in such places and in such languages", and the substitution therefor of the words printed in such languages and posted in such places".

(5.) In section 7 thereof, by the deletion of the words "All officers appointed under this Or- dinance", and by the substitution therefor of the words "The census officers and enumera- tors".

(6.) In section 8 (1) (a) thereof, by the insertion of the words or census officer," after the word 66 enumerator".

(7.) In section 8 (1) (6), and also in section 8 (1) (d) thereof, by the deletion of the word "other", and by the substitution therefor of the word "census".

(8.) In section 8 (1) (c) thereof, by the deletion of the words "to permit any enumerator", and by the substitution therefor of the words

census officer or to permit him", and after the word "6

"information to insert the words "in his building or place, or ".

(9.) By the deletion of all the words in section 8 (2) (b), and by the substitution therefor of the words "wilfully obstructs any census officer or enumerator or other person engaged in the conduct of the census

(10.) In section 9 thereof, by the insertion of the

word "census before the word officers and by the deletion of the words "appointed under this Ordinance".

Passed the Legislative Council of Hongkong, this 11th day of May, 1911.

Amends Ordinance No. 2 of 1881.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 12th

day of May, 1911.

C. CLEMENTI,

Colonial Secretary.

200

THE HONGKONG GOVERNMENT GAZETTE, MAY 12, 1911.

No. 142. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :---

Ordinance No. 24 of 1910, entitled-An Ordinance to provide for the segregation

and treatment of lepers.

Ordinance No. 2 of 1911, entitled-An Ordinance to amend the Lepers Ordin-

ance, 1910.

COUNCIL CHAMBER,

11th May, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

No. 143. His Excellency the Governor has been pleased to appoint Mr. HERBERT WILLIAM BIRD to be a Member of the Authorised Architects' Committee rice Mr. ARTHUR TURNER resigned.

8th May, 1911.

No. 144. His Excellency the Governor has been pleased to appoint, under Section 9 of the Liquors Consolidation Ordinance, 1911, (Ordinance No. 9 of 1911), Mr. DOUGLAS WILLIAM CRADDOCK to be an Un-official Member of the Licensing Board during the absence on leave of Mr. MURRAY STEWART, or until further notice.

8th May, 1911.

　　　　No. 145.- His Excellency the Governor has been pleased to appoint JOHN WHITTAM HARTLEY to act as Assistant Medical Officer of Health during the absence on leave of WILFRED WILLIAM PEARSE or until further notice, with effect from the 10th April, 1911.

12th May, 1911.

　　　　　No. 146. With reference to Government Notification No. 367 of the 1st December, 1910, His Excellency the Governor has been pleased to appoint EDWIN RICHARD HALLIFAX to act as Deputy Superintendent of Police and of the Fire Brigade until further notice, with effect from the 13th instant.

12th May, 1911.

202

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

PROCLAMATION.

}

No. 5.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor,

　　　By His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor. and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same.

　　　Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

　　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901;

And whereas His Excellency the Governor-in-Council has ordered that Pakhoi should be proclaimed as a port or place at which an infectious or contagious disease prevails;

　　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Cominander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Pakhoi as a port or place at which an infectious or contagious disease prevails.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this ** 18th day of May, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

LEGISLATIVE COUNCIL.

No. 147.

LEGISLATIVE COUNCIL, No. 8.

THURSDAY, 11TH MAY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ÅLabaster ).

202

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

PROCLAMATION.

}

No. 5.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor,

　　　By His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor. and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same.

　　　Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

　　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901;

And whereas His Excellency the Governor-in-Council has ordered that Pakhoi should be proclaimed as a port or place at which an infectious or contagious disease prevails;

　　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Cominander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Pakhoi as a port or place at which an infectious or contagious disease prevails.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this ** 18th day of May, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

LEGISLATIVE COUNCIL.

No. 147.

LEGISLATIVE COUNCIL, No. 8.

THURSDAY, 11TH MAY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ÅLabaster ).

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

The Honourable the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

་

པ་

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

203

Mr. CHARLES MONTAGUE EDE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to summons.

The Minutes of the last Meeting, held on the 27th April, 1911, were read and confirmed.

　　　NEW MEMBER.-Mr. C. H. Ross took the Oath and assumed his seat as a Member of the Council.

PAPERS. The Colonial Secretary laid on the table the following papers :---

Report on the New Territories for the year 1910.

Report of the Superintendent of Prison for the year 1910.

Report on the Botanical and Forestry Department for the year 1910.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 27 and 28, and moved that they be referred to the Finance Committee :-

No. 27.-Public Works Extraordinary, Buildings, Additions

to No. 2 Police Station,

No. 28.- Official Receiver and Registrar of Trade Marks,

Incidental Expenses.....

The Colonial Treasurer seconded.

Question-put and agreed to.

$2,900.00.

95.81.

　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 27th April, 1911, and moved its adoption.

The Colonial Treasurer seconded,

Question-put and agreed to.

　　　REPORT OF THE PUBLIC WORKS COMMITTEE.The Director of Public Works laid on the table the Report of the Public Works Committee dated the 8th May, 1911.

QUESTION.-Dr. Ho KAI, pursuant to notice, asked the following question:

Will the Government lay on the table a return showing :-

(1.) The total amount of revenue, (2.) The total amount of expenditure, (3.) The amount of margin (if any),

(4.) The amount of military contribution, and

(5.) Total amount spent on Public Works Extraordinary

for the years 1896 to 1910 inclusive?

The Colonial Secretary replied and laid on the table a Statement containing the figures

asked for (Sessional Paper No. 4).

204

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

KOWLOON-CANTON RAILWAY.-His Excellency the Governor addressed the Council and corrected an error in his speech of the 20th April, 1911, in connection with the Railway.

QUESTIONS.--Mr. EDE gave notice that he will ask the following question at the next meeting of the Council:-

With reference to the remarks of the Hon. Mr. Slade in the debate of the 8th Octo- ber, 1908, will the Government lay upon the table some papers embodying the views and calculations of His Excellency the Governor upon the subject of the Military Contribution?

STATUTE LAWS (NEW REVISED EDITION) BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to authorise the publication of a Newly Revised Edition of the Revised Edition of the Statute Laws of the Colony prepared in virtue of Ordinance No. 12 of 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　MONEY-LENDERS BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Law with respect to Persons carrying on business as Money-lenders.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　CENSUS ORDINANCE AMENDMENT BILL.-The Attorney General moved the First read- ing of a Bill entitled An Ordinance to amend the Census Ordinance, 1881.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　The Attorney General moved the suspension of the Standing Orders in order that the Bill might pass through all its stages at this meeting of the Council.

The Colonial Secretary seconded.

Question-put and agreed to.

The Attorney General addressed the Council and moved the Second reading of the Bill. The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put--that this Bill do

Bill passed.

pass.

UNIVERSITY AMENDMENT BILL.-The Attorney General moved the First reading of a

Bill entitled An Ordinance to amend the University Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

205

　　　SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordin-

ance, 1896.

The Colonial Secretary scconded.

Question-put and agreed to.

Bill read a first time.

　　　ELECTRICITY SUPPLY BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Report of the Public Works Committee on the Bill entitled An Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

The Colonial Secretary seconded and the motion was agreed to.

Council then resolved itself into a Committee of the whole Council to consider the Bill clause by clause: and upon the motion of the Attorney General, seconded by the Colonial Secretary, the Standing Orders were suspended in order that, although one Member of the Standing Public Works Committee had been absent during the consideration of the Bill by that Committee, the Bill might, notwithstanding the provisions of Rule No. 40 of the Standing Rules and Orders of the Council, be dealt with by the Council in the same manner as a Bill reported on by a Committee of the whole Council.

No Member objected, and the several amendments suggested by the Public Works Committee were approved. ·

Council resumed, and Bill reported with amendments.

ADJOURNMENT.-The Council then adjourned until Thursday, the 18th May, 1911.

Read and confirmed this 18th day of May, 1911.

R. H. CROFTON,

Clerk of Councile,

F. D. LUGARD, Governor.

No. 148.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:

Ordinance No. 16 of 1911.-An Ordinance to amend the Law with respect to

Persons carrying on business as Money-lenders. Ordinance No. 17 of 1911.--An Ordinance to amend the University Ordinance,

1911.

Ordinance No. 18 of 1911.-An Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

€

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

205

　　　SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordin-

ance, 1896.

The Colonial Secretary scconded.

Question-put and agreed to.

Bill read a first time.

The Colonial Secretary seconded and the motion was agreed to.

No Member objected, and the several amendments suggested by the Public Works Committee were approved. ·

Council resumed, and Bill reported with amendments.

ADJOURNMENT.-The Council then adjourned until Thursday, the 18th May, 1911.

Read and confirmed this 18th day of May, 1911.

R. H. CROFTON,

Clerk of Councile,

F. D. LUGARD, Governor.

No. 148.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:

Ordinance No. 16 of 1911.-An Ordinance to amend the Law with respect to

Persons carrying on business as Money-lenders. Ordinance No. 17 of 1911.--An Ordinance to amend the University Ordinance,

1911.

Ordinance No. 18 of 1911.-An Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

€

206

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

HONGKONG.

No. 16 of 1911.

An Ordinance to amend the Law with respect to Persons carrying on business as Money- lenders.

F. D. LUGARD,

Governor,

[19th May, 1911.]

Short title.

Re-opening

of transac- tions of money- lender.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as lenders Ordinance, 1911 ".

The Money-

2.-(1.) Where proceedings are taken in any Court by a money-lender for the recovery of any money lent after the commencement of this Ordinance, or the enforcement of any agreement or security made or taken after the commencement of this Ordinance, in respect of money lent either before or after the commencement of this Ordinance, and there is evi- dence which satisfies the Court that the interest charged in respect of the sum actually lent is excessive, or that the amounts charged for expenses, inquiries, fines, bonus, premium, renewals, or any other charges, are excessive, and that, in either case, the transaction is harsh and unconscionable, or is otherwise such that a Court of Equity would give relief, the Court may re- open the transaction, and take an account between the money-lender and the person sued, and may, notwith- standing any statement or settlement of account or any agreement purporting to close previous dealings and create a new obligation, re-open any account already taken between them, and relieve the person sued from payment of any sum in excess of the sum adjudged by the Court to be fairly due in respect of such principal, interest, and charges as the Court, having regard to the risk and all the circumstances, may adjudge to be reasonable; and if any such excess has been paid, or allowed in account, by the debtor, may order the cre- ditor to repay it; and may set aside either wholly or in part, or revise, or alter, any security given or agree- ment made in respect of money lent by the money-lender, and if the money-lender has parted with the security may order him to indemnify the borrower or other person sued.

(2.) Any Court in which proceedings might be taken for the recovery of money lent by a money-lender shall have and may at the instance of the borrower or surety or other person liable, exercise the like powers as may he exercised under this section, where proceedings are taken for the recovery of money lent, and the Court shall have power, notwithstanding any provision or agreement to the contrary, to entertain any application. under this Ordinance by the borrower or surety or other person liable, notwithstanding that the time for repayment of the loan, or any instalment thereof, may not have arrived.

(3.) On any application relating to the admission or amount of a proof by a money-lender in any bank- ruptcy proceedings, the Court may exercise the like powers as may be exercised under this section when proceedings are taken for the recovery of money.

(4.) The foregoing provisions of this section shall apply to any transaction which, whatever its form may be, is substantially one of money-lending by a money-

lender.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

(5.) Nothing in the foregoing provisions of this section shall affect the rights of any bona fide assignee or holder for value without notice.

(6.) Nothing in this section shall be construed as derogating from the existing powers or jurisdiction of any Court.

3.--(1.) A money-lender as defined by this Or- Registration dinance :---

of money-

(a.) shall register himself as a money-lender in lenders, &c.

accordance with regulations under this Ordinance at an office provided for the purpose by the Governor-in-Council, under his own or usual trade name and in no other name, with the address, or all the addresses if more than one, at which he carries on his business of money-lender ; and

(7.) shall carry on the money-lending business in his registered name, and in no other name, and under no other description, and at his registered address or addresses, and at no other address; and

(c.) shall not enter into any agreement in the course of his business as a money-lender with respect to the advance and repayment of money, or take any security for money in the course of his business as a money- lender, otherwise than in his registered name; and

(d) shall on reasonable request, and on tender of a reasonable sum for expenses, furnish the borrower with a copy of any document relating to the loan or any security there-

for.

(2.) If a money-lender fails to register himself as required by this Ordinance, or carries on business otherwise than in his registered name, or in more than one name, or elsewhere than at his registered address. or fails to comply with any other requirement of this section, he shall be liable on summary conviction to a fine not exceeding one thousand dollars, and in the case of a second or subsequent conviction to imprison- ment, with or without hard labour, for a term not exceeding three months, or to a fine not exceeding one thousand dollars, or to both: Provided that if the offender be a body corporate that body corporate shall be liable on a second or subsequent conviction to a fine not exceeding five thousand dollars.

(3.) A prosecution under sub-section (1) (a) of this section shall not be instituted except with the consent · of the Attorney General.

registration.

4. (1.) The Governor-in-Council may make regula- Regulations tions respecting the registration of money-lenders, whe- as to ther individuals, firms, societies or companies, the form of the register, and the particulars to be entered therein ・ and the fees to be paid on registration and renewal of registration, not exceeding $10 for each registration or renewal, and respecting the inspection of the register and the fees payable therefor.

(2.) The registration shall cease to have effect at the expiration of three years from the date of the registra- tion, but may be renewed from time to time, and if renewed shall have effect for three years from the date of the renewal.

statements

5. If any money-lender, or any manager, agent, or Penalties clerk of a money-lender, or if any person being a for false director, manager, or other officer of any corporation and repre- carrying on the business of a money-lender, by any sentations. false, misleading, or deceptive statement, representation. or promise, or by any dishonest concealment of material facts, fraudulently induces or attempts to induce any person to borrow money or to agree to the terms on which money is or is to be borrowed, he shall be guilty of a misdemeanor, and shall be liable on indictment

207

208

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

Definition

of money- lender.

to imprisonment with or without hard labour, for a term not exceeding two years, or to a fine not exceeding five thousand dollars, or to both.

6. The expression "money-lender " in this Ordinance shall include every person whose business is that of money-lending, or who advertises or announces himself or holds himself out in any way as carrying on that business; but shall not include :-

(a.) any pawnbroker in respect of business car- ried on by him in accordance with the provisions of any Ordinance for the time being in force in relation to pawnbrokers;

(b) any body corporate, incorporated or em- powered by any Ordinance or special Act of Parliament to lend money in accordance with such Ordinance or Act; or

(e) any person bona fide carrying on the busi- ness of banking or insurance or bona fide carrying on any business not having for its primary object the lending of money, in the course of which and for the purposes whereof he lends money; or

(d.) any company, association or partnership for the time being exempted from registration under this Ordinance by Order of the Gov- ernor-in-Council made and published pur- suant to the regulations of the Governor-in- Council.

7. This Ordinance shall come into operation on the first day of January, 1912.

Passed the Legislative Council of Hongkong, this 18th day of May, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 19th

day of May, 1911.

C. CLEMENTI,

Colonial Secretary.

HONGKONG.

No. 17 of 1911.

An Ordinance to amend the University Ordin-

ance, 1911.

F. D. LUGARD,

Governor.

[19th May, 1911.]

Short title ard con- struction.

Amendment

the First

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The University Amendment Ordinance, 1911. and shall be read and con- strued as one with the University Ordinance, 1911, here- inafter called the Principal Ordinance.

2. Part I of the First Schedule to the Principal Or- of l'art I of dinance is hereby amended by the deletion of the words Two representatives of Asiatic races other than Chinese" and the substitution therefor of the following words "Two additional members nominated by the Governor

Schedule to Ordinance No. 10 of 1911.

Amendment of Part II of the First

Schedule.

3. Part II of the First Schedule to the Principal Ordinance is hereby amended by inserting after the words "Provided that" the following words, namely, "pending the sufficient constitution of the Senate for the purpose of transacting business it shall be lawful for the Chancellor to nominate a member of the Senate of the Hongkong College of Medicine who is also a member of the Court of the University to be an additional member of the Council, and provided also that".

Passed the Legislative Council of Hongkong, this 18th day of May, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 19th

day of May, 1911.

C. CLEMENTI,

Colonial Secretary.

}

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

209

HONGKONG.

No. 18 OF 1911.

An Ordinance for regulating the supply of Elec- tricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

F. D. LUGARD,

Governor.

[19th May, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Electricity Short title. Supply Ordinance, 1911.

2. In this Ordinance and in any regulations there- Definitions. under, unless the context otherwise implies,-

The expression "electricity" means electricity, electric current, or any like agency.

The expression "electric line means a wire or wires, conductor, or other means used for the purpose of con- veying, transmitting, or distribu'ing electricity with any casing, coating, covering, tube, pipe, or insulator en- closing, surrounding, or supporting the same, or any part thereof, or any apparatus connected therewith for the purpose of conveying, transmitting, or distributing electricity or electric currents.

The expression "works" means and includes electric lines, also any buildings, machinery, engines, works, matters, or things of whatever description required to supply electricity and to carry into effect the object of a

company.

The expression "company" means and includes any person and any body of persons corporate or unincor- porate by whom electricity is supplied.

The expression "street includes any square, court, or alley, highway, lane, road, thoroughfare, or public passage, or place.

3. The regulations for securing the safety of the Regulations public contained in the Schedule to this Ordinance shall for securing have effect as respects any company supplying electricity the public.

the safety of within the Colony of Hongkong or its Dependencies.

Provided that nothing in this Ordinance or in any regulations thereunder shall apply to any electric line or works laid down or erected by any person or body of persons for the supply of electricity generated upon any premises occupied by such person or body to any other part of such premises.

Provided always that for such supply any electric line passing under or over any public street, pathway or place shall conform to these regulations.

4.-(1.) Where for the purposes of a supply of electri-

Power for

Governor-in-

city any company has obtained or may obtain any Council to licence or authority from the Director of Public Works make further to break up streets or for any other purpose, the regulations. Governor-in-Council may make regulations, which shall be applicable to all companies which have obtained any such licence or authority, for securing a regular and sufficient supply of electricity and generally for con- trolling and regulating such supply.

210

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

Power for Governor- in-Council to rescind

or amend

regulations.

Notice of

(2.) The Governor-in-Council may make regulations as respects any company supplying electricity for the protection of telegraph cables, telephone lines or lines operated by any department of the Government of Hong- kong, or by the naval or military authorities, or by any person or body of persons authorised by the Govern- ment of Hongkong to maintain a telegraphic service.

5. Any regulations under this Ordinance may be rescinded, modified, amended, or added to by the Gov- ernor-in-Council.

6. Regulations made by the Governor-in-Council under regulations. this Ordinance and any alteration of or additions to any regulations under this Ordinance shall be published for two consecutive weeks in the Gazette and shall not have effect until so published.

Penalties may be imposed in regulations.

7. Any regulation under this Ordinance may impose penalties for offences against the same not exceeding one hundred dollars for each offence, with or without pen- alties for continuing offences not exceeding for any continuing offence one hundred dollars for every day during which the offence continues.

Passed the Legislative Council of Hongkong, this 18th day of May, 1911.

R. H. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 19th day of May, 1911.

C. CLEMENTI,

Colonial Secretary.

Definitions.

SCHEDULE.

REGULATIONS FOR SECURING THE SAFETY OF THE

PUBLIC.

Definitions.

1. In the following regulations--

The expression "consumer's wires means any electric lines on a consumer's premises which are connected with the service lines of the company at the consumer's terminals.

The expression "sub-station " means any premises in which energy is transformed or converted for the purpose of supply to consumers, and which are large enough to admit the entrance of a person after the transforming or converting apparatus is in position, provided that for the purpose of these regulations any place within any such premises which is used solely for some purpose other than such transformation or conversion shall not be deemed to form part of a sub-station.

The expression overhead line" means any electric line which is placed above ground and in the open air.

The expression " pressure means the difference of electrical potential between any two conductors through which a supply of energy is given, or between any part of either conductor and the earth; and-

(a.) Where the conditions of the supply are such that the pressure at any pair of cosumer's terminals does not exceed 250 volts, the sup- ply shall be deemed a low pressure supply; (b) Where the conditions of the supply are such that the pressure exceeds 250 volts but does not exceed 650 volts, the supply shall be deemed a medium pressure supply;

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

211

(c.) Where the conditions of the supply are such that the pressure exceeds 650 volts but does not exceed 3,000 volts, the supply shall be deemed a high pressure supply; and

(d) Where the conditions of the supply are such that the pressure exceeds 3,000 volts, the supply such be deemed an extra high pres- sure supply.

Where these regulations require any metallic body to be "efficiently connected with earth", it shall be con- nected with the general mass of earth in such manner as will ensure at all times an immediate and safe dis- charge of electrical energy,

General.

Pressure of

consumers.

2. The pressure of a supply delivered to any consumer shall not exceed the limit of low pressure, except for supply to special purposes, for which a medium pressure supply may be given on the consumer undertaking to comply with the following conditions:-

(a.) Where the supply is for power purposes-

(1.) The frame of every electric motor shall be

efficiently connected with earth.

(2.) The consumer's wires forming the connections to motors, or otherwise in connection with the supply, shall be, as far as practicable, completely enclosed in strong metal casing efficiently connected with earth, or they shall be fixed in such a manner that there shall be no danger of any shock.

(3.) The supply to every motor shall be controlled by means of an efficient cut-off switch, placed in such a position as to be easily handled by the person in charge of the motor, and con- nected so that by its means all pressure can be cut off from the motor itself, and from any regulating switch, resistance or other device in connection therewith.

(4.) Switches, efficient fuses or other automatic circuit-breakers shall be provided, so as to protect the circuits from excess of current, and all switches and cut-outs shall be so enclosed and protected that there shall be no danger of any shock being obtained in the ordinary handling thereof, or of any fire being caused by their normal or abnormal action. (5.) A notice shall be fixed in a conspicuous position at every motor and switch board in connection with the supply forbidding un- authorised presons to touch the motors or apparatus.

(b.) Where the supply is for are lamps in series-

1.) The consumer's wires forming the connec

tions to the are lamps, or otherwise in connection with the supply, shall be, as far as practicable, completely enclosed in strong metal casing efficiently connected with earth, or they shall be fixed in such a manner that there shall be no danger of any shock. (2.) The supply to every arc lamp shall be con- trolled by means of an efficient cut-off switch, placed in such a position as to be easily handled by the person in charge of the are lighting, and connected so that by its means all pressure can be cut off from the arc lamp itself, and from any regulating switch, resist- ance or other device in connection therewith. Provided that where the are lamps are con- nected in series across the outer conductors of a three-wire system, it shall be sufficient if one such switch be provided for each series of arc lamps.

€2

212

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

Introduc- tion of three-wire system into consumer's premises.

Minimum size of conductors.

Insulation

test of low

medium

(3.) Switches, efficient fuses or other automatic cut-outs shall be provided, so as to protect the circuits from excess of current, and all switches and cut-outs shall be so enclosed and protected that there shall be no danger of any shock being obtained in the ordinary handling thereof, or of any fire being caused by their normal or abnormal action.

(c.) Where the supply is for incandescent lamps in series, unless the Director of Public Works otherwise allows,-

(1.) The consumer's wires forming the connec- tions to the incandescent lamps, or otherwise in connection with the supply, shall be com- pletely enclosed in strong metal casing and this casing together with the switches and lamp holders, if metallic, shall be efficiently connected with earth.

(2.) Switches, efficient fuses or other automatic cut-outs shall be provided, so as to protect the circuits from excess of current, and all switches and cut-outs shall be so enclosed and protected that there shall be no danger of any shock being obtained in the ordinary handling thereof, or of any fire being caused by their normal or abnormal action.

Where the supply is for any special purpose other than those above-mentioned, or where the pressure of the supply exceeds the limits of medium pressure it shall be subject to such other regulations as the Governor-in- Council may from time to time prescribe.

3. When the pressure between the outer conductors of a three-wire system exceeds 250 volts and the three wires of the system or two pairs of wires are brought into a consumer's premises, the supply shall be given to two pairs of terminals arranged in such a manner that there shall be no danger of any shock, and the wiring from those terminals shall be kept distinct.

4. The sectional area of the conductor in any electric line other than low tension laid or erected in any street after the date of these regulations shall not be less than that of a strand of seven wires, each of which is of No. 22 standard wire gauge, and the sectional area of every wire in a strand forming any such conductor shall not be less than that gauge, and where such stranded conductor is erected it shall be suspended from a suitable bearer wire. In the case of low tension conductors in any elec- tric line the sectional area shall not be less than that of a single wire of No. 16 standard wire gauge efficiently insulated.

This regulation shall not apply in the case of an electric line placed in a lamp-post.

5. Every low pressure and medium pressure main, after having been placed in position, and before it is used pressure and for the purposes of supply, shall withstand a pressure equal to the maximum pressure to which it is intended to be subjected in use, and in any case at least 200 volts, and further, before being used as aforesaid, it shall be tested for insulation, and the company shall duly record the results of the tests of each main or section of a main.

pressure mains.

Testing of insulation of all parts of high

pressure circuit.

Mainten- ance of insulation.

6. A high pressure circuit shall not be brought into use unless the insulation of every part thereof has with- stood the continuous application, during one hour, in the case of every electric line, of a pressure equal to the full working pressure to which it is intended to be subjected in use, and, in the case of every machine, device, or apparatus, of a pressure equal to the full working pressure to which it is intended to be subjected.

The company shall duly record the results of each test.

7. There shall be maintained by the company at each station or sub-station as may be necessary a leakage indicator of approved pattern and so arranged that the leakage on each main feeder can be readily ascertained at any time and a weekly test recorded. If at any time

(

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

213

the leakage is in the opinion of the Director of Public Works excessive he shall require the company to remedy the same and it shall forthwith be remedied.

Provided that where any part of any electric circuit is connected with earth, either in accordance with these regulations or with the approval of the Director of Public Works, the provisions of this regulation shall not apply to that part of that circuit so long as the connection with earth exists.

8. Every high pressure main, conductor, or other Circuit- apparatus shall be protected by a suitable fuse or auto- breaker

for high matic circuit-breaker.

pressur

Provided that it shall not be incumbent upon the mains, &c. company to provide such a fuse or circuit-breaker for the outer conductor of a concentric main which is, in accordance with these regulations or with the approval of the Director of Public Works, efficiently connected with earth.

9. In every case where a high pressure supply is Trans- transformed for the purpose of supply to one or more formers. consumers, some suitable automatic and quick-acting means shall be provided to protect the consumer's wires from any accidental contact with or leakage from the high pressure circuit, either within or without the trans- forming apparatus.

•

10. The metallic portion of every high pressure trans- Connection former, with the exception of the conductors thereof, of trans- shall be efficiently connected with earth except in respect earth.

　　　　　　　　　　　　　　　　　　　　　　　　formers with of transformers supported on poles at such a height as to be inaccessible except by the use of a ladder or other special appliance: Provided that in such cases such poles shall be efficiently connected with earth.

11. Where any portion of any electric line or any Protection support for an electric line is exposed in such a position from as to be liable to cause injury from lightning, it shall lightning. be efficiently protected against such liability.

12. Where any accident by explosion or fire, or any Report of other accident of such kind as to have caused or to be accidents likely to have caused loss of life or personal injury has to Director occurred at any part of any electric line or work, the company shall give immediate notice thereof to the Director of Public Works.

Overhead Lines.

of Public

dium and

13.--(1.) The provisions of this regulation shall have overhead effect in the case of overhead lines for low, medium and lines in case high pressure supply, and in the event of such overhead of low, me- lines being situated under the verandah or balcony of high pressure any building the Director of Public Works shall deter- supply. mine how far and to what extent the provisions of this regulation shall apply.

(2.) The interval between any two wooden poles used singly as supports for an overhead line shall not exceed 200 feet; provided that where the line makes an angle at any such pole, the interval between that and the next ' pole shall not exceed 150 feet. In the case of supports other than single wooden poles the intervals between the supports shall be such as may be prescribed by the Director of Public Works.

(3.) Every support for an overhead line shall be of a durable material, and shall be properly stayed against forces due to wind pressure, change of direction of the line, or unequal lengths of span. The factor of safety shall be for overhead lines, at least 5, and for wooden poles at least 10, and for iron or steel structures at least 6, taking the maximum possible wind pressure at 40 pounds per square foot.

(4.) All overhead lines shall be attached to insulators, and in the case of lines in which the pressure exceeds 110 volts, unless such lines are erected on the three- wire system as hereinafter described, shall be so guarded that they cannot fall away from the support.

(5.) An overhead line, placed after the date of these regulations, shall not in any part thereof be at a less

C.D

214

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

}

Other

overhead lines.

Construc- tion of

recept: eles for electric lines.

Crossing pipes, &c.

Electric continuity of metal conduits. pipes, and casings of . high pres- su.e line.

height from the ground than 18 feet, except with the con- sent of the Director of Public Works, and shall not be accessible to any person without the use of a ladder or other special appliance.

(6.) Where a supply is given by overhead lines on the three-wire system, the positive and negative conductors shall be placed side by side above the intermediate con- ductor. The intermediate conductor shall consist of two wires placed side by side at a distance apart greater than that between the positive and negative conductors, and connected in each span by two cross wires placed in such a manner that in the event of either the positive or negative conductor breaking it shall fall on one at least of the cross wires.

(7.) Where a supply is given by overhead lines from a two-wire system, with the negative conductor connected with earth, the positive conductor shall be placed above the negative conductor in such a manner that in the event of breakage it must fall on the negative conductor.

(8.) Service lines from overhead lines shall be led as directly as possible to insulators firmly attached to some portion of the consumer's premises which is not accessi- ble to any person without the use of a ladder or other special appliance. Every portion of any service line which is outside a building, and is within 7 feet from the building, shall be efficiently protected by insulating material.

(9.) Where an overhead line crosses a street, the angle between the line and the direction of the street at the place of crossing shall not be less than 60 degrees, except with the consent of the Director of Public Works, and the spans shall be as short as possible.

(10.) Where an overhead line crosses, or is in proximity to, any other wire or metal, precautions shall be taken by the company against the possibility of the line coming into contact with the other wire or metal or of the other wire or metal coming into contact with the line by break- age or otherwise. In the case of all overhead lines in which the pressure exceeds 110 volts, guard wires shall be provided by the company owning such lines. All guard wires must inake good electrical connection with the poles and be efficiently connected with earth.

(11.) Every overhead line, including its supports and all the structural parts and electrical appliances and devices belonging to or connected with the line, shall be duly and efficiently supervised and maintained as re- gards both electrical and mechanical conditions.

(12.) The company shall remove any overhead line upon ceasing to use it for the supply of energy unless upon so ceasing they satisfy the Director of Public Works that they intend to bring it into use again within a reasonable time.

14. Save as above provided overhead lines shall not be erected except in accordance with such regulations as the Governor-in-Council may from time to time prescribe.

Electric Lines other than Overhead Lines.

15. All conduits, pipes, casings, and street boxes used as receptacles for electric lines shall be constructed of durable material, and where laid under carriage ways shall be of ample strength to prevent damage from heavy traffic, and reasonable means shall be taken by the com- pany to prevent accumulation of gas in such receptacles.

16. Where any electric line crosses, or is in proximity to, any metallic substance, special precautions shall be taken by the company against the possibility of any elec- trical charging of the metallic substance from the line or from any metal conduit, pipe, or casing enclosing the line.

17. All metal conduits, pipes, or casings containing any high pressure electric line shall be efficiently con- nected with earth, and shall be so jointed and connected. across all street boxes and other openings as to make good electrical connection throughout their whole length.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

215

tions to be

18. Where the conductors of electric lines placed in Precau- any conduit are not continuously covered with insulating taken material they shall be secured in position, and no when bare unfixed uninsulated material of a conducting nature shall conductors be contained in the conduit. No such conductor shall are used. be at a pressure exceeding 300 volts from earth.

Adequate precautions shall also be taken to ensure that no accumulation of water shall take place in any part of the conduit, and to prevent any dangerous access of moisture to the conductors or the insulators.

The insulators of any such electric line shall be so disposed that they can be readily inspected, but this requirement shall not apply to any such insulators which before the date of these regulations were not required by any regulation then in force to be so capable of ready inspection.

laid above

19. Every portion of any high pressure electric line High pres- placed above the surface of the ground, or in any subway ue lines not in the sole occupation of the company, shall be com- ground or pletely enclosed either in a tube of highly insulating in subways. material embedded in brickwork, masonry, or cement concrete, or in strong metal casing efficiently connected with earth.

surface of

20. Where any high pressure electric line is laid Protection beneath the surface of the ground, efficient means shall for the be taken to render it impossible that the surface of the the ground ground or any neighbouring electric line or conductor and elec- shall become charged by leakage from the high pressure tric lines.

electric line.

21. A high pressure electric line shall not, except with the consent of the Director of Public Works, be used for the supply of energy before it has been completely laid, properly jointed, examined, and tested, or until it is in the sole charge of the company, and every such line shall during its use be in the sole charge of the company.

Sub-stations and Street Boxes.

Completion and control of high pres. sure lines.

22. Sub-stations shall be established in suitable places Sub-stations. and shall be in the sole occupation and charge of the company. Sub-stations shall be erected above ground wherever possible, but where necessarily underground, due provision shall be made for ventilation and for drainage.

23. In addition to the provisions contained in regula- Strect boxes. tion 15 as to the construction of receptacles for electric lines, the following conditions shall be observed with respect to street boxes:-

(a.) The covers of all street boxes shall be so secured that they cannot be opened except by means of a special appliance.

(b.) The covers of all street boxes containing high pressure apparatus other than cables shall be connected to strips of metal laid imme- diately underneath the street, and efficient means shall be taken to render it impossible that the covers or other exposed parts of these boxes, or any adjacent material form- ing the surface of the street, shall become electrically charged, whether by reason of leakage, defect, or otherwise.

(c.) Where street boxes are used as transformer chambers, reasonable means shall be taken to prevent as far as possible any influx of water, either from the adjacent soil or by means of pipes; and in the case of such

any street box exceeding one cubic yard in capa- city, ample provision shall be made, by ventilation or otherwise, for the immediate escape of any gas which may by accident have obtained access to the box, and for the prevention of danger from sparking. (d.) All street boxes shall be regularly inspected

for the presence of gas, and if any influx accumulation is discovered, the company

216

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

Maximum power in case of

underground sub-station,

&c.

Responsi- bility of company for their lines, &c.,

on con-

sumer's premises. Fire risks.

Main fuses or circuit- breakers.

Treatment of service

lines and apparatus

on con- sumer's premises.

Trans-

formers and high pressure apparatus to be

enclosed in metal, &c.

Connecton to

to be made

shall give immediate notice to the company whose gas mains are laid in the neighbour- hood of the street box.

(e.) Where mains at different pressures pass through the same street box they shall be readily distinguishable from one another.

24. The maximum power supplied to any underground sub-station or street box shall not, without the consent of the Director of Public Works, exceed 30 kilowatts in the case of a sub-station or street box containing a single transformer, or 75 kilowatts in the case of a sub-station or street box containing two or more transformers.

Consumer's Premises.

25. The company shall be responsible for all electric lines, fittings, and apparatus belonging to them, or under their control, which may be upon a consumer's premises, being maintained in a safe condition and in all respects fit for supplying energy.

26. In delivering the energy to a consumer's terminals the company shall exercise all due precautions so as to avoid risk of causing fire on the premises.

27. A suitable safety fuse or other automatic circuit- breaker shall be inserted in each service line within a consumer's premises as close as possible to the point of entry, and contained within a suitable locked or sealed receptacle of fireproof construction, except in cases where the service line is protected by fuses in a street box; but no fuse or automatic circuit-breaker shall be inserted in the intermediate conductor of a three-wire system.

Wherever a seal is found broken on a consumer's pre- mises and unless the same has been broken by an en- ployee of the company, the consumer shall be liable to a penalty not exceeding five dollars.

28. All service lines and apparatus placed on a con- sumer's premises shall be highly insulated and thoroughly protected against injury to the insulation or access of moisture, and any metal forming part of the electric circuit, shall not unless efficiently connected with earth be exposed so that it can be touched. All electric lines shall be so fixed and protected as to prevent the possi- bility of electrical discharge to any adjacent metallic substance.

29. Where the general supply of energy is a high pressure supply, and transforming apparatus is installed on a consumer's premises, the whole of the high pres- sure service lines, conductors, and apparatus, including the transforming apparatus itself, so far as they are on the consumer's premises, shall be completely enclosed in solid walls, or in strong metal casing efficiently con- nected with earth and securely fastened throughout.

30. The company shall not connect a consumer's consumer's wires with their mains unless they are reasonably satisfied premises not that the connection would not cause an undue leakage where undue from those wires or fittings; and where the company decline to make such connection they shall serve upon the consumer a notice stating their reasons for so declin- ing. The consumer may appeal to the Director of Public Works whose decision shall be final.

leakage

would

result.

Discon

tinuance of supply on discovery of leakage

on con- sumer's

promises.

any

31. If the company are reasonably satisfied, after making all proper examination by testing or otherwise, that a leakage exists at some part of a consumer's wires or fittings of such extent as to be a source of danger, officer of the company, duly authorised by them in writing, may, for the purpose of discovering whether the leakage exists at any part of a circuit within or upon any consumer's premises, by notice require the consumer at some reasonable time after the service of the notice to permit him to inspect and test the wires and fittings belonging to the consumer and forming part of the circuit.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

217

If on any such testing the officer discovers an undue leakage from the consumer's wires or if the consumer does not give all due facilities for inspection and testing, the company shall forthwith discontinue the supply of energy to the premises in question, giving immediate notice of the discontinuance to the consumer, and shall not recommence the supply until they are reasonably satisfied that the leakage has been removed.

Public

32. If any consumer is dissatisfied with the action of Appeal to the company in refusing to give, or in discontinuing or Director of in not recommencing the supply of energy to his pre- Works. mises, the wires and fittings of that consumer shall, on his application and on payment of a fee of ten dollars, be tested for the existence of leakage by the Director of Public Works.

This regulation shall be endorsed on every notice given under the provisions of either of the two last pre- ceding regulations.

addition to

33. Any consumer making any addition to the elec- Penalty on trical installation on his premises without giving due consumer for notice to the company to enable them to test the same electrical before connecting it to the existing installation shall be installation liable to a penalty not exceeding fifty dollars for every without such addition.

Arc Lighting.

notice to company.

34. Are lamps used in any street for public lighting Height from shall be so fixed as not to be in any part at a less height ground. than 10 feet from the ground.

35. All are lamps shall be so guarded as to prevent Are lamps pieces of ignited carbon or broken glass falling from to be them, and shall not be used in situations where there is guarded. any danger of the presence of explosive dust or gas.

Connection of Circuits with Earth.

36. Where the pressure of a supply between the ad- Conuection jacent conductors of a three-wire system of mains with earth exceeds 125 volts, the intermediate conductor shall be of three- connected with earth in accordance with the following conditions:-

(a.) The connection with earth of the intermediate conductor shall be made at one point only on each distinct circuit, namely, at the generating station, sub-station, or trans- former, and the insulation of the circuit shall be efficiently maintained at all other parts. (.) The current from the intermediate conductor to earth shall be continuously recorded, and, if it at any time becomes excessive, steps shall be immediately taken to improve the insulation of the system.

wire system.

37. The company shall not connect any other circuit Connection with earth except with the approval of the Director of of other Public Works and subject to such conditions as he may prescribe.

Extra High Pressure.

circuits with

as to extra

38.(1.) This regulation shall have effect in the case Special of a supply at extra high pressure and shall be in addition regulations to and not in substitution for the obligations imposed high by the foregoing regulations.

(2.) An extra high pressure main shall not be brought into use unless, after it has been placed in position and before it is used for the purposes of supply, the insula- tion of every part thereof has withstood the continuous application, during half-an-hour, of pressure exceeding the maximum pressure to which it is intended to be sub- jected in use, that is to say, in the case of every electric line to be used for a pressure not exceeding 10,000 volts twice the said maximum pressure, and in the case of a line to be used for a pressure exceeding 10,000 volts, a pressure exceeding the said maximum pressure by 10,000 volts: and the company shall record the results of the tests of each main or section of a main.

pressure.

}

£2

218

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

(3.) Every extra high pressure main shall be protected by a suitable fuse or automatic circuit-breaker, but in the case of a concentric main that fuse or circuit-breaker shall not be inserted in any external conductor thereof which is connected with earth.

(4.) In every case where an extra high pressure supply is transformed or converted to a reduced pressure, some suitable automatic and quick-acting means shall be provided to protect the reduced pressure circuits from any accidental contact with or leakage from the extra high pressure system, either within or without the trans- forming or converting apparatus.

(5.) All metal conduits, pipes, or casings containing any extra high pressure electric line shall be efficiently connected with earth, and shall be so jointed and con- nected across all street boxes and other openings so as to make good electrical connection throughout their whole length.

(6.) Every portion of any extra high pressure electric line placed above the surface of the ground, otherwise than in a sub-station, or in any subway not in the sole occupation of the company, shall be completely enclosed either in a tube of highly insulated material embedded in brickwork, masonry, or cement concrete, or in strong metal casing efficiently connected with earth.

(7.) Where extra high pressure mains for three-phase supply consist of insulated conductors laid together, pro- vision shall be made to ensure that neither the ground nor any neighbouring or electric line or conductor can become charged by leakage from any such main.

Where this provision is made by a copper strip under a lead sheath, that strip shall be not less than sixteen- thousandths of an inch in thickness, and where it is made by steel wires outside a lead sheath, each of those wires shall be not less than one-tenth of an inch in dia-

meter.

Where the mains are enclosed in a lead sheath, that sheath shall be not less than one-tenth of an inch in thickness, and shall be permanently and efficiently con- nected with earth.

(8.) Extra high pressure mains for single phase supply and all cables connected therewith shall consist either of two concentric conductors or of separate conductors. Where concentric conductors are used the insulation shall be maintained efficiently throughout except that the outer conductor shall be connected with earth at one point, and where separate conductors are used, provision shall be made as in the case of mains for three-phase supply to ensure that neither the ground nor any neigh- bouring electric line or conductor can become charged by leakage.

(9.) An extra high pressure electric line shall not be brought into use for the supply of energy before it has been completely laid, properly jointed, examined, and tested, or until it is in the sole charge of the company, and every such line shall during its use be in the sôle charge of the company.

(10.) Extra high pressure mains shall not pass through the same street box with other mains, unless they are enclosed in strong metal casing; and street boxes con- taining extra high pressure mains shall not contain pipes for water, gas, or other service, or electric mains belonging to another undertaking, provided that any such street box may contain telephone wires belonging to the company.

(11.) Sub-stations supplied at extra high pressure shall be established in suitable places and shall be in the sole occupation of the company.

(12.) Sub-stations constructed below the surface of any street after the date of these regulations to which an extra high pressure is to be given shall not contain switches or other apparatus than transformers.

(

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

(13.) The transforming apparatus at any sub-station supplied at extra high pressure shall be so arranged that there shall be no danger of any mains connected therewith being charged to any pressure beyond the limits of pressure for which those mains are intended.

(14.) In delivering the energy to a sub-station at extra high pressure the company shall exercise all due precautions so as to avoid risk of causing fire on the premises.

(15.) All extra high pressure electric lines and appar- atus placed in a sub-station shall be highly insulated and thoroughly protected against injury to the insulation or access of moisture, and any metal forming part of the electric circuit shall not unless efficiently connected with earth be exposed so that it can be inadvertently touched. All such lines shall be so fixed and protected as to pre- vent the possibility of electrical discharge to any adjacent. metallic substance.

(16.) The Director of Public Works shall be entitled to enter at all times any of the generating or sub-stations of the company supplying or supplied at an extra high pressure, and to make any such examination and tests of the mains, machines, transformers, or other apparatus in use in those stations, as may appear to him necessary, and the company shall afford all due facilities for any such examination and tests.

(17.) Where any extra high pressure circuit is con- nected with earth, the connection shall be made at one point only, namely, at the generating station, sub-station or transformer, and the insulation of the circuit shall except at that point be efficiently maintained throughout.

(18.) The neutral point of the star winding of each distinct three-phase circuit, used for extra high pressure, may be connected with earth, or may be insulated. If connected with earth through a resistance, that resistance shall be sufficiently low to ensure that the fuse or auto- matic circuit breaker in the mains shall act.

If the neutral point is not connected with earth, a separate electrostatic voltmeter placed in a conspicuous position in the generating station shall be connected between each distinct circuit and earth; and if the indi- cations of the voltmeters show that the insulation of any of the circuits is faulty, immediate steps shall be taken to restore the insulation.

Penalties.

39. If the company make default in complying with Penalties any of the preceding regulations, they shall on summary for default, conviction before a Police Magistrate be liable to a pen- alty not exceeding one hundred dollars for every such default, and in the case of a continuing offence to a further penalty not exceeding one hundred dollars for each day during which the offence continues.

The recovery of a penalty under these regulations shall not affect the liability of the company to make compensation in respect of any damage or injury which may be caused by reason of the default.

219

No. 149. His Majesty the King has not been advised to exercise his power of dis- all wance with respect to the following Ordinance :---

Ordinance No. 4 of 1911, entitled-An Ordinance to prohibit the use of Dyna- mite or other Explosives for the purpose of catching or destroying Fish.

COUNCIL CHAMBER,

16th May, 1911.

R. H. CROFTON,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

(14.) In delivering the energy to a sub-station at extra high pressure the company shall exercise all due precautions so as to avoid risk of causing fire on the premises.

Penalties.

The recovery of a penalty under these regulations shall not affect the liability of the company to make compensation in respect of any damage or injury which may be caused by reason of the default.

219

No. 149. His Majesty the King has not been advised to exercise his power of dis- all wance with respect to the following Ordinance :---

Ordinance No. 4 of 1911, entitled-An Ordinance to prohibit the use of Dyna- mite or other Explosives for the purpose of catching or destroying Fish.

COUNCIL CHAMBER,

16th May, 1911.

R. H. CROFTON,

Clerk of Councils.

220

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

APPOINTMENTS, &C.

　　　No. 150.-His Majesty the King has been pleased to approve the appointment of the Honourable Captain FREDERICK WILLIAM LYONS to be an Official Member of the Legis- lative Council during the absence on leave of the Honourable Mr. FRANCIS JOSEPH Badeley,

16th May, 1911.

　　　No. 151.-His Excellency the Governor has been pleased to appoint, under Section 9 of the Liquors Consolidation Ordinance, 1911, (Ordinance No. 9 of 1911), Mr. HERBERT RICHARD BUDD HANCOCK to be an Un-official Member of the Licensing Board during the absence on leave of the Honourable Mr. EDWARD OSBORNE, or until further notice.

19th May, 1911.

NOTICES.

GENERAL POST OFFICE.

　　　No. 152. It is hereby notified that on and after the 1st July, 1911, insured parcels may be sent to the Netherlands East India by direct steamers.

Limit of Insurance £20, Francs 500, or $200.

The sums payable for insurance, including registration, are as follows:-

Limit of Compensation.

£ Frs. or $

19th May, 1911.

Fee.

$ c.

0.25

12 or 300 or 120

0.40

20 or 500 or 200.

E. CORNEWALL LEWIS, Postmaster General.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 153.-It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. 6 of 1911.

15th May,

1911.

Joseph William Isherwood.

15th May, 1911.

Description of Invention.

Roman Road, Linthorpe, An invention for improvements in

Middlesborough, York-

shire, formerly of 26 Bargery Road, Catford, London, S.E., Ship- builder.

the construction of floating

vessels.

THE HONGKONG GOVERNMENT GAZETTE, MAY 19, 1911.

221

　　　No. 154.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :----

}

Number of Mark.

Date of Registration:

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 158 A, C

& D

19th May, 1897.

J. & J. Colman, Limited.

18th May, 1925.

42.

of 1897.

19th May, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

924

THE HONGKONG GOVERNMENT GAZETTE, MAY 26, 1911.

LEGISLATIVE COUNCIL.

No. 155.- His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :----

Ordinance No. 3 of 1911, entitled-An Ordinance to amend The Defences (Sket-

ching Prevention) Ordinance, 1895, and to control balloonists and others who have special opportunities for obtaining informa- tion respecting the defences of the Colony. Ordinance No. 5 of 1911, entitled-An Ordinance to amend the Police Force

Ordinance, 1900.

Ordinance No. 6 of 1911, entitled-An Ordinance to amend the Harbour of Re-

fuge Ordinance, 1909.

COUNCIL CHAMBER,

23rd May, 1911.

R. H. CROFTON,

Clerk of Councils.

226

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

PROCLAMATIONS.

No. 6.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　　Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation;

　　　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901 ;

　　　　And whereas His Excellency the Governor-in-Council has ordered that Hoihow should be proclaimed as a port or place at which an infectious or contagious disease prevails ;

　　　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Hoihow as a port or place at which an infectious or contagious disease prevails.

　　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 27th day of May, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 156.

Regulation made by the Governor-in-Council under Section 3 of the Public Places Regulation Ordinance, 1870, (Ordinance No. 2 of 1870), this 29th day of May, 1911.

　　　　Regulations Nos. 3 and 4 of the Regulations published in the Gazette on the 24th December, 1898, and on page 17 of the Regulations of Hongkong, 1910, are hereby repealed and the following is substituted therefor :-

"3. Unless with the express permission of the Director of Public Works, no wheeled vehicles shall be allowed on Kennedy Road other than the follow- ing:-

A 'ricksha, bicycle, tricycle or other similar machine not propelled by

a motor, and a perambulator or other similar machine.

Any such wheeled vehicle shall proceed round the bends of Kennedy Road at

a moderate speed."

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

No. 157.

227

Additional Regulation made by the Governor-in-Council under

Section 6 of the Dangerous Goods

Dangerous Goods Ordinance, 1873, (Ordinance

No. 1 of 1873), this 29th day of May, 1911.

　　　There shall be added at the end of Regulation No. 3 published in the Gazette on the 16th March, 1906, and on page 28 of the Regulations of Hongkong, 1910, the following proviso:-

"Provided that the Harbour Master or his Deputy shall not require any ship or vessel to anchor at a Dangerous Goods Anchorage when she has a certificate from an Officer of His Majesty's Navy or from one of His Majesty's Inspectors of Explosives to the effect that she has a properly constructed magazine and the master of such ship or vessel further certifies in writing that all explosives are carried in such magazine, that all detonators have been removed and that no other dangerous cargo is carried by the ship or vessel."

No. 158.

　　　Additional Regulation made by the Governor-in-Council under Section 3 of the Public Places Regulation Ordinance, 1870, (Or- dinance No. 2 of 1870), this 29th day of May, 1911.

　　　The following Regulation is hereby added to the Regulations for the Maintenance of Good Order and the Preservation of Property in the Chinese Recreation Ground published in the Gazette on the 7th June, 1907, and on page 23 of the Regulations of Hongkong,

1910:-

"9. Except where otherwise specially ordered, the Ground will be open from

5 a.m. to 9 p.m.'

No. 159.

　　　Regulation made by the Governor-in-Council under Section 37 (3) and (4) of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), this 29th day of May, 1911.

Table E of the Schedule to the Merchant Shipping Ordinance, 1899, made by the Governor-in-Council on the 4th February, 1908, and published in the Gazette of the 20th March, 1908, and on pages 383 to 388 of the Regulations of Hongkong, 1910, as amended by the Regulation made by the Governor-in-Council on the 3rd February, 1911, and pub- lished in the Gazette of the 17th February, 1911, is hereby further amended by the insertion of the following Regulation to be read after Regulation 9A thereof:-

9B. Vessels plying between Hongkong and the sheltered and partially sheltered waters of Castle Peak and Deep Bay may carry the number of passengers which they are allowed to carry when within the "Local Trade Limits".

COUNCIL CHAMBER,

29th May, 1911.

R. H. CROFTON,

Clerk of Councils.

228

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

No. 160.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 9

THURSDAY, 18TH MAY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.). the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWard Pollock, K.C.

Mr. EDBERT ANSGAR HEwett.

Mr. CHARLES MONTAGUE EDE.'

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 11th May, 1911, were read and .confirmed.

PAPERS. The Colonial Secretary laid on the table the following papers :--

Report of the Land Officer for the year 1910.

Report of the Registrar of the Supreme Court for the year 1910.

Report of the Captain Superintendent of Police and of the Superintendent of Fire

Brigade for the year 1910.

Financial Returns for the year 1910.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 29 to 31, and moved that they be referred to the Finance Committee :-

No. 29. -Belilios Public School, Language Study Allowance (Chinese) to Assistant Mistress,

.$ 113.23.

No. 30.-Miscellaneous Services, Widows' and Orphans' Pep-

sion Expenses,

1,886.00.

No. 31.-Miscellaneous Services, Illumination of Public Buildings in connection with the Coronation Celebrations,

5,000.00.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the

Report of the Finance Committee dated the 11th May, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

QUESTION. Mr. EDE, pursuant to notice, asked the following question :-

229

With reference to the remarks of the Hon. Mr. Slade in the debate of the 8th Octo-

ber, 1908, will the Government lay upon the table some

　　　　　　　　　　　　　　　　papers embodying the views and calculations of His Excellency the Governor upon the subject of the Military Contribution?

The Colonial Secretary replied.

FINANCIAL RETURNS FOR 1910.-His Excellency the Governor addressed the Council in connection with the Financial Returns for the year 1910.

FOREIGN OFFENDERS DETENTION BILL. --The Attorney General moved the First read- ing of a Bill entitled An Ordinance to amend the Foreign Offenders Detention Ordinance,

1872.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

STATUTE LAWS (NEW REVISED EDITION) BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to authorise the publication of a Newly Revised Edition of the Revised Edition of the Statute Laws of the Colony prepared in virtue of Ordinance No. 12 of 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Attorney General moved that the Bill be referred to the Law Committee. The Colonial Secretary seconded.

Question-put and agreed to.

　　　MONEY-LENDERS BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Law with respect to Persons carrying on business as Money-lenders.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

UNIVERSITY AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the University Ordin- ance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

ጋ

230

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

Bill passed.

pass.

SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordinance, 1896.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Mr. POLLOCK, the Colonial Secretary, Mr. HEWETT, and His Excellency the Governor addressed the Council, and it was decided to postpone the Committee stage on the Bill until the next meeting of the Council.

　　　ELECTRICITY SUPPLY BILL.-The Attorney General moved the Third reading of the Bill entitled Au Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 25th May, 1911.

Read and confirmed this 1st day of June, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

　　　No. 161.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 19 of 1911.-An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

230

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

Bill passed.

pass.

SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordinance, 1896.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 25th May, 1911.

Read and confirmed this 1st day of June, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

　　　No. 161.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council:-

Ordinance No. 19 of 1911.-An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

}

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

HONGKONG.

231

No. 19 or 1911.

An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

F. D. LUGARD,

Governor.

[2nd June, 1911.]

WHEREAS Owing to the great number of Amending aud Consolidating Ordinances which have been passed since the publication of the Revised Edition of the Laws of the Colony by Sir John Carrington, Kt., formerly Chief Jus- tice of Hongkong, that Edition is in need of revision, and it is expedient to authorise the publication of a Newly Revised Edition of the Laws of the Colony :

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council there follows:-

The Statute Laws Short title.

1. This Ordinance may be cited as (New Revised Edition) Ordinance, 1911".

Interpreta-

2. In this Ordinance-- "Revised Edition" means the Revised Edition of the tion. Laws of Hongkong prepared by His Honour Sir John Carrington, Knight, C.M.G., formerly Chief Justice of the Colony, and authorised to be used by proclamation of the Governor, dated 20th July, 1904, made in virtue of Ordinance No. 12 of 1900.

New Revised Edition" means the newly Revised Edition of the Laws of Hongkong authorised by this Or-

dinance.

Revised

3.-(1.) His Honour Sir Francis Taylor Piggott, Authority to Knight, Chief Justice of Hongkong, hereinafter called the Editor to Editor, is hereby authorised to prepare a new and revised issue New edition of the Ordinances of the Colony, including those Edition of contained in the Revised Edition, to make such necessary the Laws. arrangements for publishing the same, and for the supply of copies to the Government, and for the reprinting of the Edition in case of need, as the Governor shall approve.

(2.) In case the said Sir Francis Taylor Piggott is unable from any cause to complete the New Revised Edi- tion the Governor may appoint some other fit and proper person or persons to complete the work, subject to such equitable arrangements as may be agreed upon between the Governor and the said Sir Francis Taylor Piggott, or his representatives, or failing such agreement, as the At- torney General shall determine.

4. In the preparation of the New Revised Edition the Powers of Editor shall have the following powers in regard to the Editor. Ordinances included therein:

(i.) to omit-

(a.) all Ordinances or parts of Ordinances which have been repealed;

(b.) all introductory words of enactment; (c.) prefatory words to short titles,

(d.) headings of sub-divisions of Ordinances. which in the opinion of the Editor are not necessary to the proper interpretation of the Ordinances, so long as they are not headings or titles of Parts, where an Ordinance is divided into Parts, in which case such omis- sion shall not be made, nor shall any alteration in the headings or titles of such Parts be made, unless they are included in one of the Ordin- ances mentioned in section 6;

232

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

Numbering of Ordin-

ances in

(.) to insert in their proper place in the Ordinances amended all provisions of amending Ordinances as indicated in such Ordinances, as if the said amended Ordinances had been ordered to be printed as amended in such amending Ör- dinances; and further, where all the amend- ments made by such amending Ordinances are so inserted as aforesaid so that the object of such Ordinances has been effected, to treat the remainder of such Ordinances as exhausted, and to omit the same;

(ii) to make minor, grammatical and typographical amendments, and to revise the punctuation where in the opinion of the Editor such revi- sion is necessary ;

(ic.) to substitute :-

(a.) figures for words,

(b.) the serial number in references to Ordin-

ances instead of the short titles,

where in the opinion of the Editor such sub- stitutions are convenient;

(v.) to adopt a convenient standard form for the definition sections in all Ordinances; and

(i.) to do all such things relating to form and method which may be necessary for the per- fecting of the New Revised Edition.

5. The numbering of the Ordinances contained in the Revised Edition, and of the sections of such Ordinances, shall be preserved, unless by special authority of the New Edition. Governor a new numbering of the sections of any Ordin- ance is considered advisable, in which case such new num- bering shall be included in the special Ordinance referred to in section 6 (4).

Ordinances

to be pre- pared by Editor for

the purposes of revision.

The numbering of the Ordinances passed since 1901 shall in nowise be altered.

6.-(1.) All omissions and amendments in the Ordin- ances comprised in the New Revised Edition, other than those referred to in the preceding sections, shall be col- lected by the Editor and submitted to the Legislative Council in the form of one or more 'Law Revision " · and "Law Amendment" Ordinances respectively.

(2.) Where any omission or amendment is in the opi- nion of the Editor sufficiently important a special amending Ordinance shall be submitted to the Legislative Council, and if such Ordinance is passed the authority to make such omissions and amendments shall be the coming into force of such Ordinance.

(3.) The following omissions shall be held to be includ- ed in sub-section (1) :-

(".) parts of Ordinances which have expired or have

become spent or have lost their effect;

(b) repealing sections, and tables and lists of repealed enactments, in schedules or other- wise;

(c.) preambles, or parts of preambles, to Ordinan- ces which in the opinion of the Editor no longer serve any useful purpose ;

d.) introductory words of enactment in any part of an Ordinance, which in the opinion of the Editor are no longer required ;

(c.) sectious prescribing the date when, or the method by which, any Ordinance, or any part of any Ordinance, is to come into force, where the omission in the opinion of the Editor can be conveniently made; provided that in all cases a note shall be inserted at the commence- ment of all Ordinances of the date of their commencement, and where any special method of bringing an Ordinance into operation has been prescribed, of the method and date by and at which the Ordinance has been brought into operation.

}

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

•

(4.) Where entire Ordinances have expired, or have be- come spent, or have lost their effect, and ought to be repealed, or where it is considered advisable to repeal en- tire Ordinances, or a considerable part of any Ordinance, such repeals shall be embodied by the Editor in a special Ordinance for promoting the General Revision of the Law", to be submitted to the Legislative Council, in which the reason for each such repeal shall be succinctly stated.

(5.) The Editor shall be at liberty to recast the marginal notes of the sections of all Ordinances included in the New Revised Edition where in his opinion it is necessary for greater clearness.

7-(1.) The New Revised Edition shall be comprised Extent of in two Volumes, which shall include all the Ordinances in Revision. force down to the end of the year 1910, together with such of the Ordinances passed in the year 1911 as, having regard to the exigencies of printing, can conveniently be included. Such of the Ordinances passed in the year 1911, as cannot be so conveniently included shall be collected and printed with the necessary references as an Appendix, to be included in the third Volume hereafter referred to; but such Appendix shall for all purposes be considered to form part of the New Revised Edition.

(2.) The Editor shall prepare and issue as part of his undertaking :---

(a.) a chronological table of all the Ordinances of the Colony, including those which have been repealed, or which were not included in the Revised Edition: provided that he may for such purpose adopt the Chronological Table prepared for the Revised Edition by Sir John Carrington;

(b.) a full and complete index to the subject matter of all Ordinances contained in the New Revised Edition;

(c.) references to Orders issued by the Sovereign in His Privy Council relating to or affecting the Colony, in so far as it may be practicable; (d.) such Tables of References to the aforesaid or other matters as he may consider necessary for perfecting the New Revised Edition of the Laws of Hongkong ;

all which things, together with the Appendix of the Or- dinances passed in 1911 above referred to, shall be included in a third Volume, and the three Volumes to- gether shall form one series entitled "The Laws of Hongkong".

8.-(1.) Each Volume of the series before it is issued Approval of shall, by general order of the Governor in that behalf, be new Edition impressed on the title page thereof with the seal of the by proclama- Colony.

(2.) On some convenient day after the issue and pub- lication of the Second Volume, and after the passing of the Ordinances referred to in section 6, the New Revised Edition shall be laid before the Legislative Coun- cil for approval, and such approval, if given, shall be notified, by proclamation of the Governor.

AND WHEREAS doubts have arisen by reason of the co-existence of Ordinances No. 16 of 1886 and No. 12 of 1900, as to the true version of the Ordinances passed up to the end of 1901, AND WHEREAS it is expedient to remove such doubts:

Be it further enacted as follows:

9.-(1.) Ordinance No. 16 of 1886 (the Statute Law Revision Ordinance, 1886) is repealed.

tion.

(2.) A copy of all Ordinances passed after the coming Sealed copies into force of this Ordinance, certified under the hand of the of future Governor and the seal of the Colony shall, as soon as Ordinances conveniently may be after they have been passed by the to be depo Legislative Council, be transmitted by the Clerk of Registry of Councils to the Registrar of the Supreme Court, for re- Supreme cord; and such copies shall be deemed to be the originals Court,

sited in

233

234

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

Validation

thereof and to be the law, and may be proved in any Court or judicial proceeding by certified copies thereof, or, by order of a Judge, by the production thereof by the Registrar. Subject liowever to objection being taken any Ordinance passed after the commencement of this Or- dinance may be proved by the production of a copy of the Gazette containing the print of such Ordinance as passed by the Legislative Council, or a copy thereof purporting to be printed by the Government Printer.

(3.) Any person shall be entitled to inspect such sealed copies during the office hours of the Registry on payment of twenty-five cents for each inspection not exceeding three hours, and to take copies or extracts therefrom for certification by the Registrar, on payment of twenty-five cents per folio of seventy-five words for each copy or

extract.

10.-(1.) Ordinance No. 12 of 1900 (The Statute Law of variances (Revised Edition) Ordinance, 1900) is repealed.

between Revised Edition and former scaled

copies.

New Edi-

ised to be used in Courts, and for all pur- poses.

(2.) The Revised Edition, so far as Ordinances passed up to the end of 1901 are concerned, is hereby declared to have been the true and only version of those Ordinances, all variances between such Ordinances as printed therein and the sealed copies thereof deposited in the Registry under Ordinance No. 16 of 1886, and anything in Or- dinance No. 16 of 1886 to the contrary notwithstanding; and in so far as there are such variances the Ordinances as contained in such sealed copies are to be taken to be and to have been repealed by Ordinance No. 12 of 1900.

(3.) This section shall come into force at the same time as the proclamation referred to in section 8.

11. From and after the date of such proclamation the tion author- Revised Edition shall cease to be the statute book of the Colony up to the date of the latest of the Ordinances con- tained therein, and, subject only to the provisions of section 9, it shall be lawful to use the New Revised Edition in all Courts of Justice and for all purposes what- soever as being the authorised statute book of the Colony in regard to all Ordinances passed by the Legislative Council up to the end of the year 1911; Provided that nothing in this section shall affect the operation of any Ordinance which may be passed, before the issue of such proclamation, for the repeal, alteration or amendment of earlier Ordinance after such Ordinance has been printed in the New Revised Edition.

Construction

to former

any

12. Where in any existing enactment or in any exist- of references ing document of whatever kind, reference is made to an Ordinance which is affected by or under the operation of this Ordinance, such reference shall, where necessary and practicable, be deemed to extend and apply to the corresponding enactment as contained the New Revised Edition.

editions of Ordinances.

Passed the Legislative Council of Hongkong, this 1st day of June, 1911.

R. H. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 2nd

day of June, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, JUNE 2, 1911.

235

　　No. 162.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances:-

Ordinance No. 34 of 1910, entitled-An Ordinance to consolidate and amend the laws relating to the administration and regu- lation of the New Territories.

Ordinance No. 7 of 1911, entitled-An Ordinance to introduce into the Criminal Law Ordinances of 1865 certain provisions of the Criminal Law Amendment Acts of the United Kingdom of 1861, and for other purposes.

Ordinance No. 8 of 1911, entitled-An Ordinance to further amend the Pawn-

brokers Ordinances, 1860 and 1902.

COUNCIL CHAMBER,

30th May, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

　　No. 163. His Excellency the Governor has been pleased to appoint, under Section 2 of the University Amendment Ordinance, 1911, (Ordinance No. 17 of 1911), Mr. Edward SHELLIM to be an additional Member of the Court of the University of Hongkong, and Dr. GREGORY PAUL JORDAN to be an additional Member of the Council of the said University under Section 3 of the above mentioned Ordinance.

30th May, 1911.

NOTICES.

SUPREME COURT.

　　No. 164. It is hereby notified that the name of the Sun Hing Steamship Company, Limited, has been struck off the Register.

29th May, 1911.

G. H. WAKEMAN,

Registrar of Companies.

LAND REGISTRY OFFICE.

No. 165. It is hereby notified for general information that Memorial of Re-entry by the Government on Lots Nos. 403, 170, 171, 172, 173 and 174 in Demarcation District No. 131 in the Northern District of the New Territories has been registered according to law.

29th May, 1911.

G. H. WAKEMAN,

Land Officer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 166. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :---

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which

renewed.

No. 159 of 1897.

28th May, 1897.

The Distillers Company, Limited.

28th May, 1925.

43.

28th May, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

238

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 167.

CIRCULAR.

DOWNING STREET,

12th May, 1911.

SIR, I have the honour to inform you that His Majesty the King has decided that the Royal Standard, which is the personal flag of the Sovereign, is not in future to be flown except when and where His Majesty is personally present.

　　　2. Accordingly Colonial Regulation No. 148, which requires the Royal Standard to be flown at Government House on the King's Birthday and on the days of His Majesty's Accession and Coronation, has been cancelled, and Colonial Regulation No. 149 will in future run as follows:

The Union Flag, without any badge, shall be flown at Government House daily

from sunrise to sunset.'

The Officer Administering the Government of

I have, etc,

L. HARCOURT.

HONGKONG.

No. 168.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 10.

THURSDAY, 1ST JUNE, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Colonel CHARLES WILLIAM

ROBERT ST. JOHN).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

☺ ☺

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES MONTAGUE EDE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to summons.

　　　The Minutes of the last Meeting, held on the 18th May, 1911, were read and confirmed.

　　　FINANCIAL MINUTES.-The Colonial Secretary informed the Council that in accordance with His Excellency the Governor's instructions the Financial Minutes will in future be presented in the form of quarterly schedules.

238

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 167.

CIRCULAR.

DOWNING STREET,

12th May, 1911.

The Union Flag, without any badge, shall be flown at Government House daily

from sunrise to sunset.'

The Officer Administering the Government of

I have, etc,

L. HARCOURT.

HONGKONG.

No. 168.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 10.

THURSDAY, 1ST JUNE, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Colonel CHARLES WILLIAM

ROBERT ST. JOHN).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

☺ ☺

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES MONTAGUE EDE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to summons.

　　　The Minutes of the last Meeting, held on the 18th May, 1911, were read and confirmed.

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

PAPERS.-The Colonial Secretary laid on the table the following papers :---

Minutes relating to Condensed Skimmed Milk.

Report on the Post Office Department for the year 1910. Report of the Director of Education for the year 1910.

The Attorney General laid on the table the following paper :-

Report of the Standing Law Committee dated the 27th May, 1911.

239

REPORT OF THE FINANCE COMMITTEE.The Colonial Secretary laid on the table the Report of the Finance Committee dated the 18th May, 1911, and moved its adoption,

The Colonial Treasurer seconded.

Question -put and agreed to.

MILITARY CONTRIBUTION.-Mr. EDE, pursuant to notice, addressed the Council and moved the following Resolution :----

That it is desirable that the Military Contribution should be fixed at the annual sum

of One million Dollars ($1,000,000).

Mr. POLLOCK addressed the Council and seconded.

　　The Director of Public Works, Dr. Ho KAI and His Excellency the Governor also addressed the Council.

The Resolution was then put to the vote and declared lost, seven members voting against and six-Mr. Ross, Mr. EDE, Mr. HEWETT, Mr. POLLOCK, Mr. WEI YUK and Dr. Ho KAI-for the Resolution.

SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General moved that the Council form itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordinance, 1896.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

　　TRADE MARKS BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Trade Marks Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　PATENTS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Patents Amendment Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　STATUTE LAWS (NEW REVISED EDITION) BILL.-The Attorney General addressed the Council and moved the Third reading of the Bill entitled An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 8th June, 1911.

Read and confirmed this 8th day of June, 1911.

C. CLEMENTI,

Clerk of Councils,

F. D. LUGARD,

Governor.

240

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

No. 169. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :---

Ordinance No. 20 of 1911.-An Ordinance to amend the Sale of Food and Drugs

Ordinance, 1896.

Ordinance No. 21 of 1911.-An Ordinance to amend the Trade Marks Ordinance,

1909.

Ordinance No. 22 of 1911.--An Ordinance to amend the Patents Amendment

Ordinance, 1909.

Ordinance No. 23 of 1911.-An Ordinance to amend the Foreign Offenders Deten-

tion Ordinance, 1872.

HONGKONG.

No. 20 or 1911.

An Ordinance to amend the Sale of Food and

Drugs Ordinance, 1896.

F. D. LUGARD,

Governor.

[9th June, 1911.]

Short title and con- struction.

Inserts a

new section

in the

Principal Ordinance.

Provision as to condensed separated or skimmed milk sold for consumption in the Co- lony.

section to

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :-

1. This Ordinance may be cited as "The Sale of Food and Drugs Amendment Ordinance, 1911", and it shall be read and construed as one with the Sale of Food and Drugs Ordinance, 1896, hereinafter called "the Principal Ordinance ".

2. The Principal Ordinance is hereby amended by the insertion after section 10 thereof of the following section :-

10. Every tin or other receptacle containing condensed separated or skimmed milk sold or exposed for sale for consumption in the Colony shall bear a label; and on every such label and on the wrapper, if any, of every such tin or other receptacle there shall be printed in large and legible type in English and Chinese the words "This is skimmed milk, children under one year of age should not be fed on it (此係牛奶水一歲以內之嬰兒不台食)" and if any person sells or exposes or offers for sale for consumption in the Colony condensed separ- ated or skimmed milk in contravention of this section he shall be liable on summary conviction to a penalty not exceeding one hundred dollars and, in default of payment thereof, to imprisonment, with or without hard labour, for any term not exceeding three months."

Adds a new 3. The Principal Ordinance is hereby amended by the addition after section 27 thereof of the following section

the Principal Ordinance.

Power for Governor-in- Council to make regula- tions as to analysis of milk, cream, butter, or cheese.

62 & 63 Vict. c. 51 s. 4.

28.-(1.) The Governor-in-Council may make regulations for determining what de- ficiency in any of the normal constituents of genuine milk, cream, butter, or cheese, or what addition of extraneous matter or proportion of water, in any sample of milk including condensed milk, cream, butter, or cheese, shall for the purposes of this Or- dinance raise a presumption, until the con-

}

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

trary is proved, that the milk, cream, butter, or cheese is not genuine or is injurious to health, and an analyst shall have regard to such regulations in certifying the result of of an analysis under this Ordinance. (2.) Any regulations made under this section shall be notified in the Gazette and shall also be made known in such other manner as the Governor-in-Council may direct."

4. This Ordinance shall come into operation on the Commence- twenty-first day of June, 1911.

Passed the Legislative Council of Hongkong, this 8th day of June, 1911.

ment.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 9th day of June, 1911.

W. D. BARNES,

Colonial Secretary.

HONGKONG.

No. 21 of 1911.

An Ordinance to amend the Trade Marks Or-

dinance, 1909.

F. D. LUGARD,

Governor,

[9th June, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Trade Marks Short title. Amendment Ordinance, 1911.

2. The Trade Marks Ordinance, 1909, is hereby Amends Or- amended as follows:

(a.) In section 3 thereof by the deletion of the words The Seal of the Trade Marks Office Hongkong and the substitution therefor of the words Registrar of Trade Marks Hongkong" and the use of such seal from and after the 10th day of December. 1909, is hereby validated and authorised.'

(b.) In section 12 thereof by the repeal of sub-

section (2).

(c.) By the insertion therein after section 55 thereof of the following heading and sub- section

dinance No. 40 of 1909.

Appeals to the Governor.

ernor.

55a.--- Where under this Ordinance an Appeals to appeal is made to the Governor the the Gov- Governor may refer such appeal to the Court in lieu of hearing and deciding it himself, but unless the Governor so refers the appeal it shall be heard and decided by him and his decision shall be final.

Passed the Legislative Council of Hongkong, this 8th day of June, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 9th

day of June, 1911.

W. D. BARNES,

Colonial Secretary.

241

242

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

HONGKONG.

No. 22 of 1911.

An Ordinance to amend the Patents Amendment

Ordinance, 1909.

F. D. LUGARD, Governor.

[9th June, 1911.

Short title and con- struction.

Amends section 1 of Ordinance No. 22 of 1909.

Amends

section 5 of Ordinance No. 22 of 1909.

Limitation

on revoca- tion in Hongkong.

Amends section 6 of Ordinance No. 22 of 1969.

Amends

section S of Ordinance No. 22 of 1909.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Patents Amendment Ordinance, 1911," and shall be read and construed as one with the Patents Ordinance, 1892, and the Patents Amendment Ordinance. 1909, hereinafter called "the Amending Ordinance" and this Ordinance and the said Ordinances may hereafter be cited as "the Patents Ordinances, 1892 to 1911 ".

2. Section 4 of the Amending Ordinance is hereby amended as follows:

In sub-section (1) by the substitution of the words "Governor-in-Council" for the word ** Governor".

3. Section 5 of the Amending Ordinance is hereby amended as follows :-

(a.) In sub-section (1) by the substitution of the word and figure "sub-section (2)" for the words and figures "sub-sections (2) and (3), and by the substitution of the words" in force on the 13th day of August, 1909," for the words "now in force".

(6.) By the repeal of sub-section (2). (c.) By the re-numbering of sub-section (3) so as to read (2), and by the addition at the end thereof of the following provisoes :---

· Provided that an order of revocation made under section 27 of the Act of the Imperial Parliament 7 Edward VII cap. 29 (The Patents and Designs Act 1907) shall not operate so as to revoke or to constitute a ground for revocation of any Letters Patent granted in this Colony under this Ordin- ance and provided also that Letters Patent granted in this Colony shall not be revoked solely on the ground that the patented article or process is manufactured or car- ried on exclusively or mainly outside the Colony if it is manufactured or carried on exclusively or mainly in the United King- dom or in any British Possession."

4. Section 6 of the Amending Ordinance is hereby amended by the deletion of all the words after the word "thereof " in line 3 to the end of the section, and the words "Governor-in-Council" in the Principal Ordinance thereby changed to the word "Governor are hereby restored.

5. Section 8 of the Amending Ordinance is hereby amended as follows :---

In section 12 by the substitution of the words

· Governor-in-Council" for the word "Go- vernor" throughout the said section.

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

6. Sections 3 and 7 of the Amending Ordinance are Repeals hereby repealed and the words thereby deleted from sections 3 and sections 3 and 8 of the Principal Ordinance are hereby ance No. restored.

Passed the Legislative Council of Hongkong, this 8th day of June, 1911.

7 of Ordin-

22 of 1909.

243

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 9th day of June, 1911.

W. D. BARNES,

Colonial Secretary.

HONGKONG.

No. 23 OF 1911.

An Ordinance to amend the Foreign Offenders

Detention Ordinance, 1872.

F. D. LUGARD,

Governor.

[9th June, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

}

1. This Ordinance may be cited as the Foreign Offend- Short title. ers Detention Amendment Ordinance, 1911".

2. The Foreign Offenders Detention Ordinance, 1872, is Amends hereby amended as follows :-

Ordinance

No. 1 of

(a.) in the preamble by the deletion of the words 1872.

"to their respective countries" :

(b.) in section 3 thereof by the deletion of the

words "to his own country":

(c.) in section 5 thereof by the deletion of the word " and " at the end of sub-section (3) and by the repeal of sub-section (4) :

(d.) by the deletion of all the words in section 6 and by the substitution of the following words : "The Magistrate shall commit the offender to gaol, there to await the order of the Governor."

Passed the Legislative Council of Hongkong, this 8th day of June, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 9th

day of June, 1911.

W. D. BARNES,

Colonial Secretary.

244

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

No. 170.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance :-

Ordinance No. 41 of 1909, entitled-An Ordinance to exempt Crown Leases granted in respect of Foreshore and sub- merged lands in the New Territories from a certain condition imposed under the Fore- shores and Sea Bed Ordinance, 1901.

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

6th June, 1911.

APPOINTMENTS, &c.

No. 171.-Under instructions received from the Secretary of State for the Colonies, His Excellency the Governor has appointed the Honourable Mr. WARREN DELABERE BARNES to be Colonial Secretary, with effect from this date.

7th June, 1911.

　　　No. 172. His Majesty the King has been pleased to graut provisional permission to Sir HORMUSJEE NOWROJEE MODY, Kt., to wear the Decoration of the Legion of Honour con- ferred upon him by the French Government.

8th June, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS,

No. 173.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 4th day of July, 1911, unless the prescribed fee for renewal of registration is paid before that date: ----

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 160 of 1897.

The British Cigarette Company, Limited.

4th June, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

小

No. 174.

1911.

1911 CENSUS.-PRELIMINARY RETURNS.

NON-CHINESE POPULATION.

Increase in 1911.

Decrease in 1911.

Remarks.

138

Included in Victoria in 1906.

Male. Female.

Total.

Male.

Female. Total.

Male.

Female.

Total.

Victoria,

4,353

3,472

7,825

275

138

Peak,

394

329

723

122

Hongkong Villages,

294

120

414

Old Kowloon,

1,752

1,377

3,129

323

537

860

Green and Stonecutters' Islands,

Total,

6,821

5,340

12,161

408

975

1,383

138

Net Increase,

270

975

1,245

Mercantile Marine,

743

745

667

707

...

New Kowloon,

129

107

New Territories, Islands,

New Territories, (Northern District),

193 -

251

107

Grand Total for the Colony,

7,757

5,400

13,157

Not enumerated in 1906.

}

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

245

CHINESE.

Remarks.

Included in Victoria in 1906.

1911.

Increase in 1911.

Decrease in 1911.

LOCALITY.

Male.

Female.

Total.

Male.

Female.

Total.

Male.

Female.

Total.

Land Population.

Victoria,

149,368

66,654

Peak,

1,536

213

216,022

1,749

24,373

18,360

12,733

101

Hongkong Villages,

11,268

4,767

16,035

968

Old Kowloon,

34,604

15,323

49,927

2,161

243

997

2,404

Green and Stonecutters' Islands,

105

New Kowloon,

11,000

7,693

18,693

1,458

601

Total,

207,874

94,657

302,531

24,483

19,914

44,397

3.730

272

4.002

Net Increase,

20,753

19,642

40,395

New Territories, Islands,

6,752

5,467

12,219

Not enumerated in 1906.

New Territories, (Northern District),

33,962 34,632

68,594

Do.

Total Land Population,

248,588

134,756

383,344

Boat Population.

Victoria Harbour,

20,776

11,117

31,893

1.556

231

1,787

Hongkong Villages,

7,963

5,790

13.753

572

543

1,115

28,739

16,907

45,646

2,128

774

2,902

New Territories, Islands,

4,974

3,363

8,337

Notenumerated in 1906.

Total,

282,301

155,026 437,327

Mercantile Marine,.......

3,073

Grand Total,

236

285,374 | 155,262 440,636

3,309

565

236

801

Non-Chinese,

7,757

Total Population of the Colony,

293,131

5,400

160,662 453,793

13,157

9th June, 1911.

246

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

P. P. J. WODEHOUSE, Census Officer.

}

THE HONGKONG GOVERNMENT GAZETTE, JUNE 9, 1911.

OBSERVATORY.

247

No. 175.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of May, 1911.

DATE.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI SUN-

RAIN.

NESS.

SHINE.

M.S.L. Max.

Mean. Min.

Rel. Abs.

Dir. Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

29.92

80.9 75.8 72.5

0.84

1.5

2.215

E by S

13.0

.96

72.6 71.2

70.0

.73

100

0.910

E by N

22.8

.94

74.5 72.1

70.3

.73

0.3

0.080

E by N

17.5

.96

80.8

75.7

72.6 84

10.7

E by S

12.5

.98

81.2

76.4 73.3 87.

.79

9.0

E by S

12.0

.97

78.6

76.1

74.6 87

.79

6.2

15.2

.92

75.8

74.0

72.4 93

.76

0.2

0.065

E by N

20.2

.83

74.4

72.7

71.5 94

.75

100

1.000

E by N 24.9

.85

75.4

73.4

71.7

.76

100

0.5

0.065

E by N

20.9

10,

.87

75.1 74.0

72.4 94

.79

100

1.290

E by N 17.3

11,

.87

77.6 75.6

73.0

.82

1.1

2.005

ESE 10.7

12,

.88

76.5 74.9

73.2 94

.82

1.110

ESE

4.5

13,

.85

83.7

78.7 73.2 87

.85

8.5

0.025

WSW 7.0

14,

.82

83.5

79.6

76.7 87

.88

2.2

0.205

S W

9.3

15,

.88

76.7

73.6 70.9 93

.77

100

0.790

E by N 22.5

16,

.90

71.6

69.3

68.1

.66

100

1.150

E by N

28.2

17,

.88

76.1 72.2

68.7

.70

100

2.6

0.015

E 16.9

18,

.85

75.6 73.2

71.6

.72

100

2.1

0.010

E by N

23.2

19,

.80

75.4

74.0

72.6 94

.79

0.080

20.5

20,

.79

77.2 74.9

73.0 95

.82

2.735 ESE 8.7

21,

.80

86.1 77.5

71.1

.81

7.4

0.015

WNW

8.9

22,

.82

79.9

76.2

74.1 94

.95

100

0.5

1.195

E by N

9.4

23,

.80

78.9

76.1

73.7

.83

4.5

13.4

24,

.75

76.6

75.0

74.0

.82

1.325

6.0

25,

.76

82.0

78.1

74.7 89

.86

4.8

0.500

SSW

3.9

26,

.79

82.2 76.7 74.5 93

.85

0.7

1.485

W by S

4.5

27,

.80

79.8 76.3 73.7 94

.86

2.445

S by E 7.3

28,

.73

83.4

81.3

75.1 85

.91

1.8

...

SW by S 20.2

29,

.68

86.1 81.2

77.0 78

.84

9.7

0.205

W by S

12.3

30,

.77

86.9 80.3

76.0. 80

.83

11.4

0.055

E by S

10.0

31,

.89

78.0 75.3

71.7 93

.82

100

0.4

1.170

E by N

22.8

Means or Total,

29.85

78.8 75.5 72.8 90

0.80

89 86.1

22.145

14.2

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR MAY:-

Max'm,

Mean,

Min'm,

29.91 29.86 29.80

83.9 79.4 76.0 87 81.4 76.8 73.5 83 78.6 73.4 71.8 79

0.85 0.77 0.71

85 256.0 48.84 74 153.8 12.29 54 82.5 1.15

16.0

E by S 13.0

10.1

7th June, 1911.

F. G. FIGG,

Director.

250

THE HONGKONG GOVERNMENT GAZETTE, JUNE 16, 1911.

No. 176. It is hereby notified that at a meeting of the Executive and Legislative Councils and of the Judges of Hongkong it was unanimously agreed that the following telegram be sent to His Majesty the King on the 22nd instant:

The Executive and Legislative Councils and the Judges of Hongkong, on behalf of Your Majesty's subjects in the Colony, beg most humbly to offer their loyal and respectful congratulations on the occasion of the Coronation of Your Majesty as King and Emperor and of Her Majesty Queen Mary. We pray that the event which is celebrated today may inaugurate a long and glorious reign for Your Majesties and an era of happiness, prosperity and honourable peace for Your Majesty's Kingdom and Empire.

C. CLEMENTI,

Clerk of Councils.

COUNCIL CHAMBER,

15th June, 1911.

EXECUTIVE COUNCIL.

No. 177. It is hereby notified that His Excellency the Governor-in-Council has given directions for the rescission of Proclamation No. 6 of the 27th May, 1911, declaring Hoihow to be a port or place at which an infectious or contagious disease prevails, and that the same is hereby rescinded, with effect from the 17th instant.

COUNCIL CHAMBER,

14th June, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 178.-MICHAEL BREEN, Cadet, passed his final examination in Cantonese on the 29th May, 1911.

16th June, 1911.

No. 179.

　　　　Appointments made by His Excellency the Governor under Section 6 of the Coroner's Ordinance, 1888, (Ordinance No. 5 of 1888) and Section 17 of the Births and Deaths Registration Ordin- ance, 1996, (Ordinance No. 7 of 1896), this 14th day of June, 1911.

　　　　I, Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, do hereby by virtue of the powers vested in me by Section 6 of the Coroner's Ordinance, 188, (rdinance No. 5 of 1888), appoint Dr. HAROLD MACFARLANE and Dr. CHARLES MONTAGUE HEANLEY to be Medical Officers for the purposes of Section 6 of the said Ordinance.

And I do further under Sub-section 5 of Section 17 of the Births and Deaths Registra- tion, Ordinance, 1896, (Ordinance No. 7 of 1896), appoint Dr. HAROLD MACFARLANE and Dr. CHARLES MONTAGUE HEANLEY to be Medical Officers for the purpose of instituting inquiries with a view to ascertaining the true cause of death of any person who has not been attended during his last illness by a registered Medical Practitioner and of reporting thereon to the Head of the Sanitary Department or to a Registrar of Deaths.

Hongkong, the 14th day of June, 1911.

F. D. LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, JUNE 16, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

251

No. 180.-It is hereby notified that information has been received from the British Ambassador at Washington to the effect that the Court of Customs Appeals have decided that transhipment at Hongkong does not vitiate direct shipment from the Philippines to the United States of America for the purpose of benefiting under the provisions of the Tariff Act of 1909.

W. D. BARNES,

Colonial Secretary.

16th June, 1911.

TREASURY.

No. 181.-Financial Statement for the month of March, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 28th February, 1911, Revenue from 1st to 31st March, 1911,

Expenditure from 1st to 31st March, 1911,

.$1,550,834,37 516,135.46

2,066,969.83

282,112.45

Balance,...........

.$1,784,857.38

Assets and Liabilities on the 31st March, 1911.

LIABILITIES.

ASSETS.

Deposits not Available,

219,885.02

Balance, Bank,

Officers' Remittances,

100.66

Subsidiary Coins,

Crown Agents' Advances,

5,137,235.68

Advances,

Suspense Account,

11.55

Imprest,

House Service Account,

Postal Agencies in China,

Total Liabilities,...

2,761.10 9,463.46

Railway Construction,

Unallocated Stores,

Crown Agents' Current Account,..

102,550.74

395,351.00

64,212.46

43,228.12

6,259,561.57

279,604.54

9,806.42

5,369,457.47

Balance,

1,784,857.38

TOTAL.........$ | 7,154,314.85

TOTAL,.........$

7,151,314.85

7th June, 1911.

A. M. THOMSON, Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 182. It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 10th day of July, 1911, unless the prescribed fee for renewal of registration is paid before that date:

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 162 of 1897.

The Tide Water Oil Company, New Jersey, U.S.A.

10th June, 1911.

252

THE HONGKONG GOVERNMENT GAZETTE, JUNE 16, 1911.

No. 183.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:----

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

No. 160 of 1897.

4th June,

1897.

No. 161 of 1897.

10th June, 1897.

The British Cigarette Company, Limited.

The China Export, Import and Bank Compagnie.

3rd June, 1925.

9th June,

1925.

14th June, 1911.

Classes in which renewed.

45.

1, 2, 3, 4, 6, 10, 12, 13,

15, 38, 42, 43, 47, 48, 49, 50 (5) (8).

A. G. M. FLETCHER,

Registrar of Trade Marks.

No. 27.

SOIT QUEM

Vol. LVII.

DIEU

ETT

SNA

MON DROIT✔

•

The Hongkong Government Gazette.

Published by Authority.

THURSDAY, JUNE 22, 1911.

Notification No.

Page.

Notification No.

Fage.

APPOINTMENTS, &C.-

NOTICES

184

Honours conferred on H. E. the Governor, the Hon. Mr. A. W. Brewin, and Mr. E. H. d'Aquino,

253

187

185

Mr. W. L. Pattenden to be a Member of the

Medical Board,.........................

254

White undress civil uniform may be worn dur-

ing the summer months,

254

LEGISLATIVE COUNCIL-

186

Ordinance not disallowed :-

188

Widows' and Orphans' Pension Amend-

ment (No. 2), No. 11 of 1911,

254

Trade Mark,-Renewal of registration of, by the

Dunlop Pneumatic Tyre Co., Ld.,

251

The following Notifications are published,

By command,

WARREN BARNES,

'Colonial Secretary.

APPOINTMENTS, &c.

　　No. 184.-It is hereby notified that His Majesty the King, on the occasion of His Coronation, has been graciously pleased to appoint Sir FREDERICK JOHN DEALTRY LUGARD, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, to be a Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George: the Honourable Mr. ARTHUR WINBOLT BREWIN, Registrar General, to be a Companion of the said Most Distinguished Order: and Mr. EUSEBIO HONORATO D'AQUINO, First Clerk in the Stamp Office, to be a Companion of the Imperial Service Order.

22nd June, 1911.

254

THE HONGKONG GOVERNMENT GAZETTE, JUNE 22, 1911.

　　　No. 185.-His Excellency the Governor has been pleased to appoint, under Section 10 of the Medical Registration Ordinance, 1884, (Ordinance No. 1 of 1884), Mr. WALTER LESLIE PATTENDEN to be a Member of the Medical Board.

20th June, 1911.

LEGISLATIVE COUNCIL.

No. 186.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 11 of 1911, entitled-An Ordinance further to amend the Widows'

and Orphans' Pension Ordinance, 1908.

COUNCIL CHAMBER,

21st June, 1911.

NOTICES.

C. CLEMENTI,

Clerk of Councils.

COLONIAL SECRETARY'S DEPARTMENT.

No. 187. It is hereby notified that His Excellency the Governor has approved of the wearing, by the Officers of the Civil Service entitled by Colonial Regulations 165-170 to wear civil uniform, of the white undress uniform referred to in Regulation 170 upon al occasions between the end of February and the beginning of November when ordinary civil uniform would be worn.

Officers desiring the sanction to wear civil uniform required by Regulation 166 should make application accordingly.

Details of the white undress uniform and a print of it can be seen in the Secretariat.

22nd June, 1911.

WARREN BARNES,

Colonial Secretary.

OFFICE OF REGISTRAR OF TRADE Marks.

No. 188.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909:--

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Classes in which

renewed.

No. 163 of 1897.

17th June, 1897.

Dunlop Pucumatic Tyre Company, Limited.

16th June,

1925.

40.

17th June, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

}

256

THE HONGKONG GOVERNMENT GAZETTE, JUNE 30, 1911.

LEGISLATIVE COUNCIL.

been advised to exercise his power of dis-

No. 189. His Majesty the King has allowance with respect to the following Ordinance :---

Ordinance No. 9 of 1911, entitled-An Ordinance to consolidate and amend the

law relating to Intoxicating Liquors.

COUNCIL CHAMBER,

28th June, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 190.-His Excellency the Governor has, with the approval of the Secretary of State for the Colonies, been pleased to appoint HUGH POLLOCK TOOKER to be Second Assistant Director of Public Works, with effect from the 12th April, eice JAVES FETTES BOULTON, retired.

29th June, 1911.

No. 191.-His Excellency the Governor has been pleased to appoint MICHAEL BREEN to act as Second Assistant Registrar General until further notice, with effect from the 29th May, 1911.

28th June, 1911.

NOTICES.

GENERAL POST OFFICE.

　　　No. 192. It is hereby notified that on and after the 1st July next, Money Orders may be obtained payable in the Philippine Islands.

26th June, 1911.

E. CORNEWALL LEWIS,

Postmaster General.

258 THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 193.

CIRCULAR.

DOWNING STREET,

3rd June, 1911.

SIR, I have the honour to inform you that from cases which have come before me it would appear that the rules relating to the acceptance of literary and other compositions by His Majesty the King might with advantage be more generally known in his oversea posses-

sions.

2. It is a fixed rule that His Majesty cannot accept any composition which is in manu- script, and in any case in which you may be asked to forward such a composition to His Majesty you should return it to the sender with an intimation that you are unable to comply with his request, in view of the standing rules on this subject.

3. It is not the custom of the King to accept the dedication of any work unless it is composed by a person who is known to His Majesty or of recognised standing in the literary world, and you should reply accordingly to any application for permission to dedicate a work to His Majesty.

I have, etc.,

The Officer Administering the Government of

L. HARCOURT.

No. 194.

CIRCULAR.

HONGKONG.

DOWNING STREET,

8th June, 1911.

SIR,-With reference to Mr. Chamberlain's Circular despatch of the 17th August, 1898, I have the honour to transmit to you copies of the new Regulations respecting Foreign Orders and Medals which have been issued by His Majesty's command in substitution for

I have, etc.,

those hitherto in force.

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

The King has been pleased to command that the following Regulations respecting Foreign

Orders and Medals shall be substituted for those hitherto in force :-

1. It is the King's wish that no subject of His Majesty shall wear the Insignia of any Foreign Order without having previously obtained His Majesty's permission to do so, signi- fied either:--

(a.) By Warrant under the Royal Sign-Manual, or

b.) By private permission conveyed through His Majesty's Private Secretary.

2. Permission given by Warrant under the Royal Sign-Manual will enable the Insignia of the Foreign Order to be worn at all times and without any restriction.

Private permission will only enable the Insignia to be worn on the occasions specified in the terms of the letter from the King's Private Secretary conveying the Royal Sanction.

3. The full and unrestricted permission by Warrant under the Royal Sign-Manual is designed, subject to the exception mentioned in Rule 4 (a) respecting British Naval or Military Officers during hostilities. to meet cases where the Decoration may be said to have been earned by some valuable service rendered to the Head of the State conferring it, or to the State itself. The private or restricted permission is contemplated for Decorations which are more or less of a complimentary character. In either case, the matter will be submitted to the King by His Majesty's Principal Secretary of State for Foreign Affairs.

258 THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 193.

CIRCULAR.

DOWNING STREET,

3rd June, 1911.

sions.

I have, etc.,

The Officer Administering the Government of

L. HARCOURT.

No. 194.

CIRCULAR.

HONGKONG.

DOWNING STREET,

8th June, 1911.

I have, etc.,

those hitherto in force.

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

The King has been pleased to command that the following Regulations respecting Foreign

Orders and Medals shall be substituted for those hitherto in force :-

1. It is the King's wish that no subject of His Majesty shall wear the Insignia of any Foreign Order without having previously obtained His Majesty's permission to do so, signi- fied either:--

(a.) By Warrant under the Royal Sign-Manual, or

b.) By private permission conveyed through His Majesty's Private Secretary.

2. Permission given by Warrant under the Royal Sign-Manual will enable the Insignia of the Foreign Order to be worn at all times and without any restriction.

Private permission will only enable the Insignia to be worn on the occasions specified in the terms of the letter from the King's Private Secretary conveying the Royal Sanction.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 259

4. Full and unrestricted permission by Warrant under the Royal Sign-Manual is con- templated in the following cases :-

For a Decoration conferred-

(a.) On an Officer in His Majesty's Naval or Military Forces lent to a Foreign Government; on an Officer in His Majesty's Naval or Military Forces attached by his Government to a Foreign Navy or Army during hostilities; or on any British Official lent to a Foreign Government and not in receipt of any emoluments from British public funds during the period of such loan. (6.) On any person not at the time in the service of the Crown, who, while him- self outside the limits of His Majesty's Dominions, has rendered valuable services to the Head of the State conferring the Order, or to the State itself, within the period of two years immediately preceding the notification of the Decoration to His Majesty's Government provided for in Rule 5. The term "service of the Crown (supra) comprises any person holding a Royal Commission, or any person in receipt of a salary from public funds in the United Kingdom, or in any British Dominion, Colony, or Protect-

orate.

(c.) On any British subject employed in a Foreign Embassy or Legation in the

United Kingdom.

5. The desire of the Head of a Foreign State to confer upon a British subject the Insignia of an Order, or the fact that he has done so, must be notified to His Majesty's Principal Secretary of State for Foreign Affairs either through the British Diplomatic Repre- sentative accredited to the Head of the Foreign State, or through his Diplomatic Represen- tative at the Court of St. James. His Majesty's Principal Secretary of State for Foreign Affairs shall be under no obligation to consider claims that are not brought to his notice through one of these channels.

6. When His Majesty's Principal Secretary of State for Foreign Affairs shall have taken the King's pleasure on any such application, and shall have obtained His Majesty's permission for the person in whose favour it has been made to wear the Insignia of a Foreign Order, he shall signify the same to His Majesty's Principal Secretary of State for the Home Department in order that he may cause a Warrant, if it be a case for the issue of

Warrant as defined in Rule 4, to be prepared for the Royal Sign-Manual.

　　　When such Warrant shall have been signed by the King, a notification thereof shall be inserted in the Gazette, stating the service for which the Foreign Order has been conferred.

Persons in whose favour such Warrants are issued will be required to pay to His Majesty's Principal Secretary of State for the Home Department a stamp duty of 10s.

The Warrant signifiying His Majesty's permission may, at the request and at the expense of the person who has obtained it, be registered in the College of Arms. Every such Warrant as aforesaid shall contain a clause providing that His Majesty's licence and permission does not authorise the assumption of any style, appellation, rank, prece lence, or privilege appertaining to a Knight Bachelor of His Majesty's Realms.

　　　7. When a British subject has received the Royal permission to accept the Decoration of a Foreign Order, he will, at any future time, be allowed to accept the Decoration of a higher class of the same Order, to which he may have become eligible by increase of rank in the Foreign Service, or in the service of his own country; or any, other distinctive mark of honour strictly consequent upon the acceptance of the original Decoration, and common to every person upon whom such Decoration is conferred.

　　　8. Medals which constitute a particular class of a Foreign Order are subject in all respects to the above Regulations in the same manner as higher grades of the Order, except that permission to wear will be given by Letter and not by Royal Warrant. The King's permission must be obtained for any other Medal to be worn. No permission is needed to accept a Foreign Medal if it is not intended to be worn.

　　　9. Naval and Military Attachés to His Majesty's Missions abroad may, at the termina- tion of their appointments, be given restricted private permission to wear, on certain specific occasions, the Insignia of a Foreign Order conferred upon them by the Chief of the State only in which their headquarters were situated.

Foreign Office, May 8, 1911.

寡

260

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

PROCLAMATIONS.

No. 7.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

By His Excellency Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same.

Whereas, by Regulation No. 1 of the Quarantine Regulations made by the Governor- in-Council on the 17th day of June, 1901, under section 23 of Ordinance No. 10 of 1899, it is provided that the term "port or place at which any infectious or contagious disease prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation ;

And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901;

And whereas His Excellency the Governor-in-Council has ordered that Amoy should be proclaimed as a port or place at which an infectious or contagious disease prevails;

　　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Amoy as a port or place at which an infectious or contagious disease prevails.

　　　Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 5th day of July, 1911.

By Command,

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

C. CLEMENTI,

Colonial Secretary,

No. 195.

Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 5th day of July, 1911,

No dog brought from Shanghai will be permitted to land in this Colony for a period of three months from this date.

No. 196. It is hereby notified that His Excellency the Governor-in-Council has given directions for the rescission of I'roclamation No. 5 of the 18th May, 1911, declaring Pakhoi to be a port or place at which an infectious or contagious disease prevails, and that the same is hereby rescinded.

5th July, 1911.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 261

No. 197.

Rules framed by the Directors under Section 30 of the Widows' and Orphans' Pension Ordinance, 1908, (Ordinance No. 15 of 1908), on the 12th day of June, 1911, and approved by the Governor-in- Council on the 6th day of July, 1911.

　　1. The following table shall be used in considering questions of commutation, under Section 17 (3) of Ordinance No. 15 of 1908, of pensions payable to widows residing in China or in any other country where the payment of pensions is impracticable :-

Age last birthday at the date of application.

43 and under.

per $1

Commuted value

of annual pension.

9.92

9.76

9.60

9.43

9.26

9.09

8-92

8.74

8.56

8:38

8.19

8:01

7.82

7.63

7.43

7.22

7.02

6.80

6.59

6.37

64 65

6.15

5.93

2. The figures in the table in Rule 1 of these Rules shall be applied only in cases where a Government Medical Officer certifies that the applicant is in a good state of health. In cases where no such certificate is forthcoming and in cases where the widow's age is 66 years or upwards the figures shall be as agreed upon with the widow.

No. 198.

Rules made by the Governor-in-Council under Section 56 of the Trade Marks Ordinance, 1909, (Ordinance No. 40 of 1909), this 6th day of July, 1911.

1. Rule No. 3 of the Trade Marks Rules published in the Gazette on the 7th day of January, 1910, and on pages 611 to 626 of the Regulations of Hongkong, 1910, is hereby amended by the deletion of the words "Such fees shall be paid by adhesive stamps to be cancelled by the Registrar ".

2. Rule No. 17 of the aforesaid Rules is hereby amended by the repeal of the second paragraph thereof and by the substitution therefor of the following paragraph :-

"And in the case of a trade mark consisting of a name, signature, word or words other than such as fall within the descriptions in section 9 (1) (2) (3) and (4) there shall be added to such application a request that the same shall be referred to the Governor or the Court (at the option of the applicant) for an order that the said trade mark may be deemed distinctive; and the Registrar shall refer such application accord- ingly."

3. Rule No. 45 of the aforesaid Rules is hereby amended by the deletion of the words "one week from the date of the last advertisement" and the substitution therefor of the words three months from the date of the first advertisement".

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 261

No. 197.

Age last birthday at the date of application.

43 and under.

per $1

Commuted value

of annual pension.

9.92

9.76

9.60

9.43

9.26

9.09

8-92

8.74

8.56

8:38

8.19

8:01

7.82

7.63

7.43

7.22

7.02

6.80

6.59

6.37

64 65

6.15

5.93

No. 198.

Rules made by the Governor-in-Council under Section 56 of the Trade Marks Ordinance, 1909, (Ordinance No. 40 of 1909), this 6th day of July, 1911.

2. Rule No. 17 of the aforesaid Rules is hereby amended by the repeal of the second paragraph thereof and by the substitution therefor of the following paragraph :-

262

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

　　　　4. The heading to Rule No. 87 of the aforesaid Rules is hereby amended by the addition of the words "APPLICATIONS AND " before the word "APPEALS".

　　　　5. Rule No. 87 of the aforesaid Rules is hereby amended by the deletion of the words "to appeal to the Court such appeal" and the substitution therefor of the words "to apply to or appeal to the Court such application or appeal", and by the insertion of the words "application or" after the words "remove any", and by the addition at the end of the said Rule of the words "Every application to the Court under this Ordinance shall be served on the Registrar ".

　　　　6. The heading of Rule No. 39 of the aforesaid Rules is hereby amended by the dele- tion of the words "APPLICATIONS TO AND ".

　　　　7. Rule No. 89 of the aforesaid Rules is hereby amended by the deletion of the words "Every application to the Court under this Ordinance shall be served on the Registrar ".

No. 199.

　　　Rules made by the Governor-in-Council under Sub-section 8 of Section 4 of the Merchant Shipping Ordinance. 1899, (Ordinance No. 10 of 1899), this 6th day of July, 1911.

The Rules approved by the Governor-in-Council on the 2nd June, 1909, and amended on the 7th September, 1909, (in pages 324 to 368 in the volume entitled "Regulations of Hongkong 1910") are hereby amended by the addition of the following

At end of Rule 19 (a)-(n) :·

On and after January 1st, 1915, in addition to the apprenticeship or alternative sea-service described in (a), the applicant must have served 18 months at sea as Engineer on regular watch on the main engines or boilers of a foreign-going steamer of not less than 66 nominal horse power; or 27 months in a home trade steamer of not less than 66 nominal horse power.

At end of Rule 20 (a)-(i) :-

(1.) On and after January 1st, 1915, the applicant must have served at sea for 18 months, with a second-class certificate of competency or service on regular watch on the main engines or boilers of a foreign-going steamship of not less than 99 nominal horse power as senior engineer in charge of the whole watch; or

(2.) have served at sea for 27 months with a second class certificate of competency or service as first engineer of a home trade steamer of not less than 99 nominal horse power; or 3 years with a second class certificate of com- petency or service as second engineer of a home trade steamer of not less than 99 nominal horse power; or

(3.) have served 3 years 9 months with a second class certificate of competency or service as third engineer of a home trade steamer of not less than 99 nominal horse power if during the entire period he has been the senior engineer in charge of the whole of a watch on the main engines and boilers; or

(4.) possess, or be entitled to, a first class certificate of service.

A candidate for either a Second Class or a First Class Certificate who, within two years from the date of application to be examined, has attended an approved course comprising general mathematical and scientific instruction at a Technical School recognised by the Board of Trade as suitable for the training of Marine Engineers, will be allowed to couut time so spent as equivalent to sea service in the ratio of three months at the Technical School to two months at sea. Time so spent cannot be accepted as equivalent to more than one-sixth of the total sea service required for either certificate, but a candidate who has been allowed to count such time on examination for a second class certificate, will not be debarred from counting similar subsequent time on examination for a first class certificate.

In every case in which an allowance is made for time spent at a Marine Technical School, the candidate will be required to produce the Principal's Certificate for continuous and regular attendance at all the approved classes and for satisfactory progress.

COUNCIL CHAMBER,

C. CLEMENTI,

Clerk of Councils.

6th July, 1911.

262

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

　　　　4. The heading to Rule No. 87 of the aforesaid Rules is hereby amended by the addition of the words "APPLICATIONS AND " before the word "APPEALS".

　　　　6. The heading of Rule No. 39 of the aforesaid Rules is hereby amended by the dele- tion of the words "APPLICATIONS TO AND ".

　　　　7. Rule No. 89 of the aforesaid Rules is hereby amended by the deletion of the words "Every application to the Court under this Ordinance shall be served on the Registrar ".

No. 199.

　　　Rules made by the Governor-in-Council under Sub-section 8 of Section 4 of the Merchant Shipping Ordinance. 1899, (Ordinance No. 10 of 1899), this 6th day of July, 1911.

At end of Rule 19 (a)-(n) :·

At end of Rule 20 (a)-(i) :-

(4.) possess, or be entitled to, a first class certificate of service.

COUNCIL CHAMBER,

C. CLEMENTI,

Clerk of Councils.

6th July, 1911.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

LEGISLATIVE COUNCIL.

No. 200.

LEGISLATIVE COUNCIL, No. 11.

THURSDAY, 8TH JUNE, 1911.

263

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

こ

the Attorney General, (CHALONER GRENVILLE ÅLABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES MONTAGUE Ede.

Mr. CHARLES HENDERSON Ross.

ABSENT:

The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 1st June, 1911, were read and confirmed.

　　　NEW MEMBER.-Mr. BARNES took the Oath and assumed his seat as a Member of the Council.

QUESTION.-Mr. Ross, pursuant to notice, asked the following questions, in the absence of Mr. POLLOCK :--

1. Is it not a fact that, if the scheme of His Excellency the Governor for devoting half of the margin (i.e., half of the excess of Ordinary Revenue over Ordin- ary Expenditure exclusive of Military Contribution and Volunteers) to Military Contribution had come into force on the 1st January, 1904, the average annual saving to the Colony on such a scheme for the 7 years from 1904 to 1910 inclusive would only have amounted to about $75,380? If not, what other figure does the Government suggest as being correct?

2. Is it not the fact that, if the Colony had paid a fixed annual contribution of $1,000.000 during the said period of seven years, the average annual saving to the Colony would have been about $285,940? If not, what other figure does the Government suggest as being correct?

3. Is it not the fact that there is no prospect of the Expenditure of the Colony being decreased during the next few years if our necessary Public Works are to be begun and/or proceeded with with reasonable despatch?

264

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

4. Will not such Expenditure involve the raising of a corresponding Revenue and the payment of a corresponding Military Contribution, if the present method of assessing the latter remains unaltered?

5. If the answer to Questions 3 and 4 is in the affirmative, must not the fixed con- tribution proposed by the Unofficial Members necessarily be advantageous to the ratepayers from a pecuniary point of view, both as compared with the present system and as compared with the half-margin scheme suggested by His Excellency the Governor!

6. Will the Government forward the above five Questions and Answers thereto to the Right Honourable the Secretary of State for the Colonies for his consideration in connection with the proposal of the Unofficial Members that the Military Contribution should be fixed at an annual sum of $1,000,000?

The Colonial Secretary replied.

　　　　SALE OF FOOD AND DRUGS AMENDMENT BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Sale of Food and Drugs Ordinance, 1896.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

Bill passed.

pass.

　　　LARCENY (AMENDMENT) BILL.--The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Larceny (Amendment) Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

TRADE MARKS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Trade Marks Ordinance, 1969.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put--that this Bill do pass.

Bill passed.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

265

PATENTS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Patents Amendment Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do

Bill passed.

pass.

FOREIGN OFFENDERS DETENTION AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Foreign Offenders Detention Ordinance, 1872.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported with amendments.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned sine die.

Read and confirmed this 6th day of July, 1911.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD,

Governor.

266

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

No. 201.

Bye-laws made under Section 16 of the Public Health and Buildings Ordinances. 1903-1909.

　　　　The bye-laws made under section 16 of the Public Health and Buildings Ordinance, 1903, and published in the Government Gazette on the 18th March, 1904, and 18th May, 1906, and at page 480 of the Regulations of Hongkong, 1910, under the heading "Scavenging and Conservancy" are hereby repealed and the following substituted therefor :-

Scavenging and Conservancy.

　　　　1.-(1.) The President of the Board shall employ contractors for the general surface scavenging of the following districts:-

(a.) The City of Victoria.

(b.) The Hill District.

(r.) Such of the larger villages on the Island of Hongkong as the Board with the

approval of the Governor may direct.

(4) Such portions of Kowloon (including New Kowloon) as the Board with the

approval of the Governor may direct.

Such contractors are hereinafter referred to as Scavenging Contractors.

2.) The President of the Board shall also employ contractors for the removal of excretal matters from the following buildings :

(a.) All buildings in the Hill District.

(5.) All Government buildings (including Government latrines) and all privately

owned public latrines in the following districts:-

(i.) The City of Victoria.

(ii.) Such of the larger villages on the Island of Hongkong as the Board with the approval of the Governor may direct.

(iii.) Such portions of Kowloon (including New Kowloon) as the

Board with the approval of the Governor may direct.

Such contractors are hereinafter referred to as Conservancy Contractors.

(3.) The terms and conditions of the contracts shall be settled by the Board subject to the approval of the Governor.

　　　　2. The servants of the contractors shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Board.

3. The occupier of any premises which are situate within any of the districts specified in Bye-law No. 1 (2) (b), or if there be no occupier, the owner or immediate landlord shall, unless such premises are a Government building or a privately-owned public latrine, make due provision for the daily removal of all excretal matters from such premises to the conser- vancy boat at the nearest Conservancy Boat Station and for the delivery thereof to the servants of the Conservancy Contractor at such station, and shall not dispose of any such

other manner. excretal matters in any

　　　　4. All vessels used for the conveyance of excretal matters whether in the employ of the contractors or privately-owned shall be registered annually at the offices of the Sanitary Board and no vessel not so registered shall convey excretal matters within the Harbour Limits. The vessels so registered are referred to as conservancy boats in these bye-laws.

5. All conservancy boats shall be completely decked and provided with closely fitting hatches and shall at all times be kept in a thorough state of repair and in a seaworthy and cleanly condition to the satisfaction of the Board.

6. All conservancy boats shall fly such distinguishing flag as shall from time to time be directed by the Board.

7. No conservancy boat shall unless otherwise provided for under the terms of the contracts for the time being in force anchor or lie at any place within the waters of the Colony other than the cons: rvancy boats anchorage in Kwai Chung Bay.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 267

　　　8. The occupier of any premises situate within any of the districts specified in Bye- law No. 1 (1) or if there be no occupier the owner or the immediate landlord shall make due provision for the daily removal from his premises of all ashes, domestic waste, refuse and other objectionable matters to the dust carts, dust baskets, dust-bins or dust boats pro- vided by the Sanitary Board, or by the Scavenging Contractors.

9. The occupier of any premises shall provide himself with a strong substantial movable dust-bin constructed of impervious materials with closely fitting cover to the satis faction of the Sanitary Board and sufficient for the reception of the day's house refuse.

10. The occupier of any premises upon which any water closet or urinal has been or hereafter shall be constructed, or if there be no occupier the owner or immediate landlord, shall provide a constant and adequate supply of water, stored in accordance with the Drain- age Regulations from time to time in force for the flushing of every such water closet and urinal and shall maintain every such water closet and urinal in a thoroughly efficient and cleanly condition.

11. No excretal matters shall be placed in or upon or conveyed along or across any street or open space 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 from time to time be approved by the Board.

　　12. No pigwash shall be placed in or upon or conveyed along or across any street or open space except between the hours of midnight and 9 a.m. and except in strong substan- tial buckets with closely fitting covers and of such pattern as may from time to time be approved by the Board; and no such pigwash shall be conveyed in any boat within the Har- bour Limits except in such buckets as aforesaid or if in bulk in watertight tarred holds with closely fitting hatches. Pigwash, if not placed in such a boat or vessel, must be conveyed direct to a licensed pigsty.

　　13. No excretal matters or pigwash shall be emptied, discharged, deposited or placed in or conveyed to, over, on or upon any gully, drain, sewer or any inlet thereto.

　　14. Excretal matters which have been placed in a conservancy boat shall not be landed at any place within the Colony including New Kowloon but excluding the rest of the New Territories, but must be removed forthwith from the Harbour Limits in the vessel in which they have been placed.

15. In these Bye-laws the term "excretal matters" shall include nightsoil and urine.

Made by the Sanitary Board this 20th day of June, 1911.

W. BOWEN-ROWLANDS, Secretary.

Approved by the Legislative Council this 6th day of July, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 202.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :-

Ordinance No. 24 of 1911.-An Ordinance to amend the Larceny (Amendment)

Ordinance, 1909.

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 267

　　13. No excretal matters or pigwash shall be emptied, discharged, deposited or placed in or conveyed to, over, on or upon any gully, drain, sewer or any inlet thereto.

15. In these Bye-laws the term "excretal matters" shall include nightsoil and urine.

Made by the Sanitary Board this 20th day of June, 1911.

W. BOWEN-ROWLANDS, Secretary.

Approved by the Legislative Council this 6th day of July, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 202.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :-

Ordinance No. 24 of 1911.-An Ordinance to amend the Larceny (Amendment)

Ordinance, 1909.

268

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

HONGKONG.

No. 24 OF 1911.

An Ordinance to amend the Larceny (Amend-

ment) Ordinance, 1909.

F. D. LUGARD,

Governor.

Short title.

Amends scea

dinance No.

[7th July, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council there- of, as follows :--

1. This Ordinance may be cited as the Larceny (Amendment) Ordinance, 1911.

2. Section 4 of the Larceny (Amendment) Ordinance. tion 4 of Or- 1909, is hereby amended by the deletion after the words for any term not exceeding of the word "two" and the substitution therefor of the word

seven ".

7 of 1909.

Passed the Legislative Council of Hongkong, this 6th day of July, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 7th day of July, 1911.

WARREN BARNES,

Colonial Secretary.

　　　　No. 203.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :--

Ordinance No. 13 of 1911, entitled-An Ordinance to correct certain references to previous Ordinances contained in the Ordin- ances passed in the years 1902 and 1903.

Ordinance No. 14 of 1911, entitled-An Ordinance to further amend the Sum-

mary Offences Ordinance, 1845.

C. CLEMENTI,

COUNCIL CHAMBER,

5th July, 1911.

Clerk of Councils.

}

268

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911.

HONGKONG.

No. 24 OF 1911.

An Ordinance to amend the Larceny (Amend-

ment) Ordinance, 1909.

F. D. LUGARD,

Governor.

Short title.

Amends scea

dinance No.

[7th July, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council there- of, as follows :--

1. This Ordinance may be cited as the Larceny (Amendment) Ordinance, 1911.

seven ".

7 of 1909.

Passed the Legislative Council of Hongkong, this 6th day of July, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 7th day of July, 1911.

WARREN BARNES,

Colonial Secretary.

　　　　No. 203.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :--

Ordinance No. 13 of 1911, entitled-An Ordinance to correct certain references to previous Ordinances contained in the Ordin- ances passed in the years 1902 and 1903.

Ordinance No. 14 of 1911, entitled-An Ordinance to further amend the Sum-

mary Offences Ordinance, 1845.

C. CLEMENTI,

COUNCIL CHAMBER,

5th July, 1911.

Clerk of Councils.

}

•

THE HONGKONG GOVERNMENT GAZETTE, JULY 7, 1911. 269

APPOINTMENTS, &c.

No. 204.-His Excellency the Governor has been pleased to appoint EDWARD DUDLEY CORSCADEN WOLFE to act as Director of Education in addition to his other duties during the absence on leave of EDWARD ALEXANDER IRVING,

4th July, 1911.

No. 205.-His Majesty the King has been pleased to approve the appointment of the Honourable Mr. HENRY EDWARD POLLOCK, K.C., to be an Un-official Member of the Executive Council during the absence on leave of the Honourable Sir CATCHICK PAUL CHATER, Kt., C.M.G.

7th July, 1911.

　　No. 206.-His Majesty the King has been pleased to approve the appointment of the Honourable Mr. CHARLES MONTAGUE EDE to be an Un-official Member of the Legisla- tive Council during the absence on leave of the Honourable Mr. EDWARD OSBORNE.

7th July, 1911.

No. 207. His Majesty the King has been pleased to approve the appointment of the Honourable Mr. CHARLES HENDERSON ROSS to be an Un-official Member of the Legisla- tive Council during the absence on leave of the Honourable Mr. HENRY KESWICK.

7th July, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 208. It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 6th day of August, 1911, unless the prescribed fee for renewal of registration is paid before that date:

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 164 of 1897.

Messrs. Marsland, Son and Company, Limited, Britannia Mills, East Street, Manchester, England.

7th July, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

7.3

270

THE HONGKONG GOVERNMENT GAZEITE, JULY 7, 1911.

OBSERVATORY.

　　　　No. 209.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of June, 1911.

BARO-

TEMPERATURE.

HUMIDITY.

WIND.

METER

CLOUDI- SUN-

DATE.

RAIN.

NESS.

SHINE.

M.S.L.

Min. Max. Mean.

Rel. Abs.

Dir.

Vel.

ins.

p. c.

ins.

p. c.

brs.

ins.

Points.

Miles

p. b.

29.91

81.4

77.5

75.0

0.87

3.2

0.130

13.0

.86

86.0

80.5

78.7

.89

10.0

S by E

3.9

.84

85.8

81.4

77.8

.91

8.2

0.005

SE by E

5.8

.87

87.0 81.4

78.9

.89

7.6

0.115

SE by E

9.5

.91

85.3

81.6

78.8 83

.89

9.6

0.035

ESE

17.6

.90

85.5

82.1 80.1

.92

10.6

0.215

E by S

18.5

.89

86.0

82.3

80.5 82

.91

10.4

0.030

ESE

19.7

.89

87.8

82.8

80.2 81

.91

11.1

0.030

E by S

15.7

.92

85.9

81.4

79.6

.93

4.6

0.180

ESE

14.0

10,

.95

87.6

$2.6

78.8

.92

11 7

ESE

9.8

11.

.91

88.3

83.0

78.7

.92

10.1

E by S

6.9

12,

.87

86.1 82.8

79.9

.89

10.8

ESE

8.1

13,

.80

89.5

84.0

79.2

.87

11.1

7.3

14,

.82

88.5

83.5

80.3

.92

8.8

0675

S by W

6.2

15,

.79

89.5

84.5

80.9

.93

10.9

0.005

SW by S

5.9

16,

.72

89.5

84.3

80.3 79

.94

9.9

0.070

SW by W

4.8

17.

.62

89.8

85.1

81.1

.94

10.4

0.175

S W

8.3

j8,

256

91.3

85.8

81.8 79

.97

6.6

0.165

S W

7.3

19,

.63

90.4

84.3

78.7

.95

8.5

0.035

ESE

10.9

20,

.54

85.8 82.3

79.7 85

.94

6.1

1.120

19.7

21,

.56

$4.5

80.2

77.7

.92

100

1.0

1.520

SSE

21.7

22,

87.2

82.9

78.9 83

.93

7.7

0.260

S by W 18.0

23,

.84

87.7

83.8

81.4

.95

8.4

24,

.78

87.9 84.0

80.7

.92

11.4

S by W 10.3

SW by S 12.1

25,

*.69

87.4

83.9

81.5

.92

8.0

0.060 SW by S 17.2

26,

.67

87.5

84.3

82.6

.92

6.9

0.010 SW by S 16,6

27,

.67

28,

.71

29,

30,

GERR

87.8 84.2

82.2

.93

7.6

0.010 SW by S 15.7

83.1 86.2

81.5

.95

1.1

0.240 SW by S: 10.1

.73

86.7 83.4 80.6 83

.95

7.7

S by W

7.4

87.0

83.0

79.4

.92

8.2

0.005 SE by S

4.7

Means or Total,

29.78

87.2

82.9 79.7

0.92

70 248.5

5.090

SSE

11.6

MEANS OF 25 YEARS (1884 TC 1908 INCLUSIVE) FÖR JUNE:-

Max'm,

Mean,

29.86 29.76

87.2 85.0

Min'm,

29.68

82.4 80.7 83.3 78.7 76.0

78.9 86 77.3 83 79

0.91

246.5

34.37

15.6

0.87

156.2

16.38

SE by S 12.4

0.82

84.7

2.33

9.9

6th July, 1911.

}

F. G. FIGG,

Director.

272 THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 210.

CIRCULAR.

DOWNING STREET,

16th June, 1311.

SIR,-I have the honour to transmit for your information a copy of an Order of the King in Council of the 22nd of March, 1911, relating to the registry of Government Ships in the service of the Admiralty under Section 80 of the Merchant Shipping Act, 1906.

I have, etc.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

ORDER IN COUNCIL, 1911.

AT THE COURT AT BUCKINGHAM PALACE,

THE 22ND DAY OF MARCH, 1911.

PRESENT.

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS by section 10 of the Merchant Shipping Act, 1906, power is given to His

Majesty by Order in Council to make Regulations as to the manner in which Government ships may be registered as British ships under the Merchant Shipping Acts:

　　　　And whereas by the said section it is provided that those Acts shall, subject to any exceptions or modifications which may be made by Order in Council, either generally or as respects any special class of such ships, apply to such ships when registered in accordance with such Regulations:

And whereas the Admiralty will, by such Regulations as they shall from time to time deem fit to make, having regard to the interests of seamen in Government ships in the service of the Admiralty, and of the Public Service, provide for the payment of seamen's wages, advance and allotment of wages, and remittance of seamen's wages by money orders:

　　　　And whereas the provisions of section 1 of the Rules Publication Act, 1893, have been complied with:

　　　　Now, therefore, His Majesty, by virtue of the powers in this behalf by the said Act, or otherwise in Him vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the following Regulations shall have effect as regards any Government ships in the service of the Admiralty

1. An application for registry of a Government ship in the service of the Admiralty shall be made in writing under the hand of the Secretary or Assistant Secretary to the Lords Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland (hereinafter called the Admiralty or the Lords Commissioners of the Admiralty). Such application shall contain the following particulars :--

(i.) A statement of the name and description of the ship:

(ii.) A statement of the time when and place where the ship was built; or, if the ship was foreign built and the time and place of building are unknown, a state- ment to that effect and of her foreign name:

iii.) A statement of the nature of the title to the said ship, whether by original construction by or for the Admiralty, or by purchase, capture, condemnation, or otherwise, and a list of the documents of title, if any, in case she was not originally constructed by or for the Admiralty.

(iv.) A statement of the name of the master.

THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911. 273

　　　2. The Registrar, on receiving such application in respect of a Government ship in the service of the Admiralty, shall-

(i.) enter the ship in the Register Book as belonging to "His Majesty, represented by the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland," and shall also enter therein

(ii) the name of the port to which she belongs:

(iii.) the particulars stated in the application for registration:

(iv.) the details comprised in the Surveyor's Certificate.

　　　3. On the registry of a Government ship in the service of the Admiralty the Registrar shall retain in his possession the Surveyor's Certificate and the application for registry and any documents of title mentioned in such application.

　　　4. Upon the transfer of a registered Government ship in the service of the Admiralty by Bill of Sale, any two of the Lords Commissioners of the Admiralty, in pursuance of section 6 of the Admiralty Act, 1832 (2 and 3 Wm. IV c. 40), shall be the transferors, and the Bill of Sale shall be in Form A. in the proper form prescribed under the principal Act, omitting the covenant therein contained.

　　　5. The application for a Certificate of Sale referred to in sections 39 to 42 and sections 44 to 46 of the principal Act, may be made in respect of a Government ship in the service of the Admiralty by the Secretary or Assistant Secretary of the Lords Commissioners of the Admiralty on their behalf.

　　　6. The Secretary of the Admiralty for the time being shall be deemed to be the managing owner of a registered Government ship in the service of the Admiralty within the meaning of section 59 of the principal Act, and shall be so registered at the Custom House of her registered port by his official style and address.

　　　7. The tonnage of Government ships in the service of the Admiralty shall be ascertained in accordance with tonnage regulations to be made by the Board of Trade with the concurrence of the Admiralty; and wherever reference is made to tonnage regulations or to the ascertain- ment of tonnage thereby in any sections of the Merchant Shipping Acts which are applicable to Government ships, such sections shall be read with reference to Government ships as if the tonnage regulations made under this Order in Council were mentioned therein in lieu of the tonnage regulations mentioned in that Act and any schedules thereto.

　　　8. The term "seaman" in section 113 of the principal Act shall not be deemed to mean or include any seaman in His Majesty's Navy.

　　　9. Where a seaman is lost with a Government ship in the service of the Admiralty, the Admiralty may pay the wages due to him to the person entitled to receive the same.

　　　10. Whenever during the absence of any seaman on a voyage his wife or any of his children or step-children become chargeable to any union or parish in the United Kingdom, the Admiralty may in their discretion reimburse such union or parish out of the wages of the seaman earned during the voyage, any sums properly expended during his absence in the maintenance of those members of his family or any of them, provided that the Admiralty shall not, unless in their opinion such a course shall be warranted by exceptional circumstances, pay sums exceeding the following proportions of the seaman's wages, namely :--

(i.) If only one of those members be chargeable, one-half of the wages ; (ii.) If two or more of those members are chargeable, two-thirds of the wages. 11. In the case of a shipping casualty to or connected with a Government ship in the service of the Admiralty, the preliminary inquiry and the formal investigation mentioned in sections 465 and 466 of the principal Act may be held either by the Board of Trade or the Admiralty as may be arranged between them, and in the event of such inquiry or investigation being held by the Admiralty, they shall have all the jurisdiction conferred by the Act on the Board of Trade with reference to the same.

12. The power to remove or appoint a master conferred by section 483 of the principal Act shall in the case of a Government ship in the service of the Admiralty not be exercised in the United Kingdom without the consent of the Admiralty, nor elsewhere without the consent of the Senior Naval Officer on the station if obtainable with reasonable dispatch.

13. For the purposes of this Order, section 517 (2) of the principal Act shall be read as if the last 17 words thereof were omitted, and the word "Admiralty

Admiralty" were substituted

therefor.

274

THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911.

　　　14. The powers conferred by sections 530 to 534 of the principal Act shall not be exercised in the case of Government ships in the service of the Admiralty without the consent of the Admiralty except in regard to lights, buoys, and other matters or things necessary for the immediate protection of the traffic.

　　　15. Nothing in this Order in Council shall be construed as excluding Government ships in the service of the Admiralty from the category of ships belonging to His Majesty within the meaning of sections 557 to 564 of the principal Act.

16. Where any section of the Merchant Shipping Acts which by virtue of the Merchant Shipping Act, 1906, and this Order in Council is applicable to Government ships in the service of the Admiralty imposes any duty or liability or confers any right or power upon or contemplates any act being performed by the owner of a ship such duty, liability, right or power shall, subject always to the other provisions of this Order in Council, be carried out, borne or exercised by the Lords Commissioners of the Admiralty on behalf of His Majesty.

17. No provision of the Merchant Shipping Acts imposing on the owners of a ship any liabilty to any penalty, debt, damages, costs or proceedings shall, in the case of a Government ship in the service of the Admiralty, have any application to His Majesty or to the Lords Commissioners of the Admiralty. Provided always that where expenses are incurred in respect of seamen belonging to a Government ship in the service of the Admiralty under Part IV of the Merchant Shipping Act, 1906, and the Distressed Seamen Regulations, made in pursuance of section 40 of the said Act which would under the said Act or Regulations be payable by the owners of such vessel, any such expenses will be repaid by the Admiralty.

18. No provision in the Merchant Shipping Acts shall render His Majesty or the Lords Commissioners of the Admiralty liable to pay salvage where no such liability at present exists.

19. No provision contained in the Merchant Shipping Acts providing for the forfeiture or detention of a ship by reason of non-compliance with any enactment therein contained shall have any application to a Government ship in the service of the Admiralty.

20. Notwithstanding anything contained in the Merchant Shipping Acts and this Order in Council the master of a Government ship in the service of the Admiralty shall not be liable for any penalty, debt or damages under any provision of any of the Merchant Shipping Acts in respect of anything done or omitted in pursuance of the Order of the Admiralty or of any officer of His Majesty's Navy.

21. Nothing in the Merchant Shipping Acts or this Order in Council shall render the. master or any other persons in charge of or on board a Government ship in the service of the Admiralty liable for displaying any signal authorized by any regulations of the Admiralty.

22. In this Order in Council the term Merchant Shipping Acts shall mean and include any of the Merchant Shipping Acts, any provision of which is by virtue of the Merchant Shipping Act, 1906, and this Order applicable to Government ships.

23. The following sections and provisions of the Merchant Shipping Acts shall not apply to Government ships in the service of the Admiralty registered in pursuance of the provisions of this Order in Council, namely :-

(i.) The Merchant Shipping Act, 1894:

Sections 1, 2, 3, 7 (3) and (5), 8 to 12, 16, 23, 27 to 38, 39 to 42 so far as they relate to mortgages, 43, 44 to 46 so far as they relate to mortgages, 48, 49, 50, 52, 54 to 58, 59 (2) and (3), 62, 68 to 71, 72, 74, 76, 84, 85, 87, 103 (4), 105 to 109, 131 to 147, 155 to 158, 162 to 168, 171 (2), 174, 182 to 184, 210, 224 (2), 262 to 264, 267 to 431, 435, 439, 441 (2) and (3), 442, 443 (3) and (4), 444 to 450, 452 to 457, 459 to 461, 468,

　　　　　　　　　　　　　　　　　　　　　　　　　　　472, 492 to 509, 520 (b), 567, 568, 572 to 665, 667 to 679, 689 (2), (3) and (4), 692, 693, 729 (1) (d), and (3), so far as they may relate to any papers or documents belonging to or in the possession of the Crown.

(ii) Merchant Shipping Act, 1897. The whole Act.

(iii.) The Merchant Shipping (Exemption from Pilotage) Act, 1897. (iv.) The Merchant Shipping (Liability of Shipowners) Act, 1898. (v.) The Merchant Shipping (Mercantile Marine Fund) Act, 1898. (vi.) The Merchant Shipping (Liability of Shipowners) Act, 1900.

The whole Act.

The whole Act. The whole Act.

The whole Act.

THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911.

(vii.) The Merchant Shipping Act, 1906:

275

Sections 1 to 4. 6. 9 to 11. 13 to 24, 25 (3), 26, 35, 38 (2), so much thereof as is subsequent to the word "Master" where it first occurs, (3), 48, except sub-sections (2) and (4), 51 to 53, 57, 60 to 64, 65 (1), 69 to 71, 76, 77,

81. 83.

Provided always that no provision of the Merchant Shipping Acts which, according to a reasonable construction, would not apply in the case of Government ships in the service of the Admiralty, shall be deemed to apply to such ships by reason only that its application is not hereby expressly excluded.

ALMERIC FITZROY.

LEGISLATIVE COUNCIL.

No. 211.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:--

Ordinance No. 12 of 1911, entitled-An Ordinance to amend the Flogging Ordin-

COUNCIL CHAMBER,

12th July, 1911.

ance, 1903.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 212. His Excellency the Governor has, with the approval of the Secretary of State for the Colonies, been pleased to appoint ROBERT OLIPHANT HUTCHISON to be Super- intendent of Imports and Exports, with effect from this date.

4th July, 1911.

No. 213. His Excellency the Governor has been pleased to appoint DAVID WILLIAM TRATMAN to act as District Officer for the Northern District of the New Territories, with effect from this date.

4th July, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 214.-Members of the public are requested to note that all correspondence with public offices should be addressed to the Head of the Department by his official title and not by his name.

Neglect of this rule is likely to lead to delay.

14th July, 1911.

WARREN BARNES,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911.

(vii.) The Merchant Shipping Act, 1906:

275

81. 83.

ALMERIC FITZROY.

LEGISLATIVE COUNCIL.

No. 211.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:--

Ordinance No. 12 of 1911, entitled-An Ordinance to amend the Flogging Ordin-

COUNCIL CHAMBER,

12th July, 1911.

ance, 1903.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

4th July, 1911.

No. 213. His Excellency the Governor has been pleased to appoint DAVID WILLIAM TRATMAN to act as District Officer for the Northern District of the New Territories, with effect from this date.

4th July, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 214.-Members of the public are requested to note that all correspondence with public offices should be addressed to the Head of the Department by his official title and not by his name.

Neglect of this rule is likely to lead to delay.

14th July, 1911.

WARREN BARNES,

Colonial Secretary.

276

THE HONGKONG GOVERNMENT GAZETTE, JULY 14, 1911.

No. 215.-Financial Statement for the month of April, 1911.

REVENUE AND EXPENDITURE.

TREASURY.

Balance of Assets and Liabilities on 31st March, 1911,

Revenue from 1st to 30th April, 1911,

Expenditure from 1st to 30th Aßril, 1911,

Balance,.........

..$1,784,857.38

591,174,00

2.376,031,38

860,256.06

$1,515,775,32

Assets and Liabilities on the 30th April, 1911.

LIABILITIES.

ASSETS.

f's

Deposits not Available,

281,187.17

Balance, Bank,

Officers' Remittances,

199.50

Subsidiary Coins,

Crown Agents' Advances,

5.191,829.26

Advances,

Suspense Accomat,

11.55

Imprest,

House Service Account,

42.80

Railway Construction,

Postal Agencies in China,

Total Liabilities,....

16,132.30

Unallocated Stores,

Crown Agents' Current Account,

167,517.88

457,238.84

66,317,89

13,910.21

6,270,071.79

300,275.24

9,846.05

5,769,402.58

Balance,

1,515,775,32

TOTAL,...$ 7,285,177.90

TOTAL,...$

7,285,177.90

7th July, 1911.

}

A. M. THOMSON, Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS,

No. 216.-It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

No. 7 of 1911.

8th July, 1911.

Address of Grantee.

Description of Invention.

State of South Dakota, Chicago, Illi- nois, United States of America,

Kerogas Company. The

as assignees of Alfred Julins Boult, Chartered Patent Agent, of 111 and 112 Hat- tou Garden, Lon- don, E.C.

An invention for improvements in

the method of and apparatus for preparing liquid hydrocar- bon for combustion.

A. G. M. FLETCHER,

Registrar of Trade Marks.

278

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

No. 217.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 12.

THURSDAY, 6TH JULY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES MONTAGUE EDE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to summons.

　　　　The Minutes of the last Meeting, held on the 8th June, 1911, were read and confirmed.

　　　　CORONATION CONGRATULATIONS.-His Excellency the Governor read two telegrams received from the Vice-Admiral commanding the Gerinan Cruiser Squadron at Tsingtau and His Excellency the Viceroy of Canton respectively, transmitting their congratulations in connection with His Majesty's Coronation.

PAPERS. The Colonial Secretary laid on the table the following papers:-

Précis of correspondence on the subject of the Sterling Salaries attached to

appointments to which Cadets have a preferential claim.

Report of the Harbour Master for the year 1910. Draft Appropriation Account for the year 1910.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 32 to 41, and moved that they be referred to the Finance Committee:

No. 32. Magistracy, Personal Emoluments, No. 33.-Belilios Public School, Books,

No. 34. -l'ublic Works, Extraordinary, Buildings, New

Territories,..

No. 35.-Tai Po English School, Rent,

No. 36.-Public Works, Extraordinary, City Disinfecting

No. 37.-Public Works, Extraordinary, Kowloon Water

Station,

Works,

No. 38.-Police and Prison Departments, Other Charges, No. 39.-Department of Director of Education, Rent, No. 40.-New Salary Scheme,...............

No. 41.--Health Officer of the Port, Rent,

.....

$ 155.00.

25.00.

5,752.00.

49.00.

3,100.00.

.39,164.57. 4,750.00.

95.00. 6,241.00.

25.00.

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

The Colonial Treasurer seconded.

279

His Excellency the Governor addressed the Council with reference to Minute No. 40.

Question-put and agreed to.

　　　　REPORT OF THE PUBLIC WORKS COMMITTEE.-The Director of Public Works laid on the table the Report of the Public Works Committee dated the 8th June, 1911.

　　　SCAVENGING AND CONSERVANCY BYE-LAWS.-The Colonial Secretary moved the ap- proval of the Scavenging and Conservancy Bye-laws made by the Sanitary Board under Section 16 of the Public Health and Buildings Ordinances, 1903-1909, on the 20th day of June, 1911.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　PROBATES AMENDMENT BILL.-The Colonial Treasurer moved the First reading of a Bill entitled An Ordinance to amend the Probates Ordinance, 1897.

The Attorney General seconded.

Question-put and agreed to.

Bill read a first time.

　　　STAMP AMENDMENT BILL.-The Colonial Treasurer moved the First reading of a Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

The Attorney General seconded.

Question-put and agreed to.

Bill read a first time.

　　　STAMP DUTIES MANAGEMENT BILL.-The Colonial Treasurer moved the First reading of a Bill entitled An Ordinance to consolidate and amend the Law relating to the Manage- ment of Stamp Duties.

The Attorney General seconded.

Question-put and agreed to.

Bill read a first time.

　　　PRIVATE VEHICLES AMENDMENT BILL.-The Attorney General moved the First read- ing of a Bill entitled An Ordinance to amend the Private Vehicles Licensing Ordinance,

1895.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　SUPPLEMENTARY APPROPRIATION BILL.-The Colonial Secretary moved the First read- ing of a Bill entitled An Ordinance to authorize the Appropriation of a Supplementary Sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

The Colonial Treasurer seconded.

His Excellency the Governor addressed the Council. Question-put and agreed to.

Bill read a first time.

與

280 THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

LARCENY (AMENDMENT) BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Larceny (Amend- ment) Ordinance, 1909.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 20th July, 1911.

Read and confirmed this 20th day of July, 1911.

C. CLEMENTI,

Clerk of Counciis,

F. D. LUGARD, Governor.

　　　No. 218.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 25 of 1911.-An Ordinance to amend the Private Vehicles Licen-

sing Ordinance, 1895.

Ordinance No. 26 of 1911.- An Ordinance to authorize the Appropriation of a

Supplementary Sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

HONGKONG.

No. 25 of 1911.

An Ordinance to amend the Private Vehicles

Licensing Ordinance, 1895.

F. D. LUGARD,

Governor.

[21st July, 1911.]

Short title.

Amends Ordinance

No. 5 of 1895.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Private Vehicles Amendment Ordinance, 1911.

2. The following amendments shall be made in Or- dinance No. 5 of 1895:-

(i.) In the title the words "the licensing of "

are repealed.

(ii.) In section 1 the word "licensing" is

repealed.

280 THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

LARCENY (AMENDMENT) BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Larceny (Amend- ment) Ordinance, 1909.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved that the Bill be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 20th July, 1911.

Read and confirmed this 20th day of July, 1911.

C. CLEMENTI,

Clerk of Counciis,

F. D. LUGARD, Governor.

　　　No. 218.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council:-

Ordinance No. 25 of 1911.-An Ordinance to amend the Private Vehicles Licen-

sing Ordinance, 1895.

Ordinance No. 26 of 1911.- An Ordinance to authorize the Appropriation of a

Supplementary Sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

HONGKONG.

No. 25 of 1911.

An Ordinance to amend the Private Vehicles

Licensing Ordinance, 1895.

F. D. LUGARD,

Governor.

[21st July, 1911.]

Short title.

Amends Ordinance

No. 5 of 1895.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Private Vehicles Amendment Ordinance, 1911.

2. The following amendments shall be made in Or- dinance No. 5 of 1895:-

(i.) In the title the words "the licensing of "

are repealed.

(ii.) In section 1 the word "licensing" is

repealed.

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

(iii.) In section 2 the words" In this Ordinance -"Private Vehicle" includes" and the definition of "License are repealed and the remainder of the section shall be sub- section (1) of the section, with the follow- ing words added after the word "exempt

"shall be licensed in accordance with the provisions of this Ordinance ". (iv.) The following sub-sections shall be added

to section 2:

(2.) The licence shall be taken out by the

owner, and shall be issued by such officer as the Governor shall appoint.

(3.) The grant and issue of the licence shall be in the discretion of the officer aforesaid; but any person aggrieved by the refusal of a licence may appeal to the Governor who may direct the licence to be issued."

(v.) Sections 3 and 5 are repealed.

(vi.) Section 4 shall be renumbered section 3,

and shall be as follows :-

"The Governor-in-Council may make regulations-

(1.) for the issue of licences, the form thereof, the fees to be paid therefor, and all other matters connected therewith ;

(2.) for the regulation of all vehicles mentioned in section 2, including those which are exempted from being licensed." (vii.) Section 6 shall be renumbered section 4,

and shall be as follows:-

"The following shall be deemed to be offences in respect of licences required by this Ordinance :-

(1.) using any vehicle for which a licence is required without having a licence; (2.) any breach of the conditions of a licence ;

(3.) furnishing untrue particulars in obtaining or in respect of any licence ;

(4.) using or attempting to use, or allowing any person to use or attempt to use, a licence for a vehicle in respect of which such licence was not granted;

(5.) using or attempting to use any other document as a licence.'

(viii.) Sections 7, 8 and 9 shall be re-numbered

sections 5, 6 and 7 respectively.

Passed the Legislative Commeil of Hongkong, this 20th day of July, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 21st

day of July, 1911.

WARREN BARNES,

Colonial Secretary.

281

282

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

HONGKONG.

No. 26 OF 1911.

An Ordinance to authorize the Appropriation of a Supplementary Sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

F. D. LUGARD,

Governor.

[21st July, 1911.]

WHEREAS it has become necessary to make further pro- vision for the public service of the Colony For the year 1910, 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 Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

A sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, is hereby charged upon the revenue of the Colony for the service of the year 1910, the said sum so charged being expended as hereinafter specified; that is to say :-

Audit Department,-

Treasury,

Miscellaneous Services,

Public Works, Recurrent,

1,121.18

170.91

125,380.32

Judicial and Legal Departments,

1.53

2,335.24

Public Works, Extraordinary,

264,003.53

Post Office,

26,671.35

Pensions,

19,225.87

Total,

$438,909.93

Passed the Legislative Council of Hongkong, this 20th day of July, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 21st day of July, 1911.

WARREN BARNES,

Colonial Serretary.

APPOINTMENTS, &c.

No. 219.-His Excellency the Governor has been pleased to appoint, under Section

9 of the Liquors Consolidation Ordinance, 1911, (Ordinance No. 9 of 1911), the Honourable Mr. WARREN DELABERE BARNES to be Chairman of the Licensing Board vice the Honourable Sir FRANCIS HENRY MAY, K.C.M.G., resigned.

17th July, 1911.

282

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

HONGKONG.

No. 26 OF 1911.

F. D. LUGARD,

Governor.

[21st July, 1911.]

for:

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

Audit Department,-

Treasury,

Miscellaneous Services,

Public Works, Recurrent,

1,121.18

170.91

125,380.32

Judicial and Legal Departments,

1.53

2,335.24

Public Works, Extraordinary,

264,003.53

Post Office,

26,671.35

Pensions,

19,225.87

Total,

$438,909.93

Passed the Legislative Council of Hongkong, this 20th day of July, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 21st day of July, 1911.

WARREN BARNES,

Colonial Serretary.

APPOINTMENTS, &c.

No. 219.-His Excellency the Governor has been pleased to appoint, under Section

17th July, 1911.

THE HONGKONG GOVERNMENT GAZETTE, JULY 21, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

283

　　No. 220.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 14th day of August, 1911, unless the prescribed fee for renewal of registration is paid before that date:--

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 165 of 1897.

The China Export, Import, and Bank Com-

pagnie, Victoria, Hongkong.

15th July, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

286 THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 221.

CIRCULAR.

DOWNING STREET,

17th June, 1911.

SIR,-I have the honour to refer you to Mr. Chamberlain's Circular despatch of the 18th of December, 1897, and to inform you that it appears that the influence of Members of Parliament and others in this country is still sought by some officers in the Colonial Service as a means of bringing their services to the notice of the Secretary of State with a view to consideration for promotion.

2. The objection to such procedure is obvious, but, as it does not seem to be sufficiently realized in some quarters, I shall be glad if you will take steps to make it known again to public officers serving under your Government that this procedure is disapproved. Among other means this and the preceding circular should be published in the Gazette.

　　　　3. Arrangements are in existence in this Office which ensure due consideration of the claims of all suitable officers on the occurrence of vacancies in the service. The attempts which have recently been made to obtain promotion by irregular means have not been of advantage to the officers concerned.

The Officer Administering the Government of

CIRCULAR.

I have, etc.,

L. HARCOURT.

HONGKONG.

DOWNING STREET,

18th December, 1897.

SIR,-Letters recommending Colonial officers for promotion or honours are received at this Office from so many correspondents, who appear to have been appealed to on the ground. of their supposed influence, but who have neither themselves been connected with the Colonial Service nor are in a position to judge of the merits of other candidates for similar promotion, that I am compelled to request you to make it known among such officers of your Government as it may be likely to affect, that I do not approve of the use of these means to influence my judgment, and that applications of this kind are by no means neces- sarily of advantage to the persons recommended in obtaining the fulfilment of their wishes.

2. I do not mean to suggest, however, that the great majority of Colonial officers have not already a perception of the drawbacks and the irregularity of the proceedings upon which I have felt it my duty to comment, and this should be stated in the communication which I have directed you to make to your officers on the subject.

3. It should also be stated that I have no wish to discourage direct applications from officers who desire promotion to particular appointments, or who consider that their services entitle them to promotion generally. Such applications will continue to receive my careful consideration, provided, of course, that, if the officer is in the Colony when he applies, the Colonial Regulations as to the transmission of correspondence through the Governor are complied with.

4. If an officer applies while on leave of absence in this country, the application will, when there is any occasion to do so, be referred to the Governor, unless there is a recent report respecting him on record in this Office; and in this connexion I have to call your attention to section 73 of the Colonial Regulations, in which it is laid down that every Governor shall make, once in each year, a confidential report on the claims of candidates for appointment or promotion whom he may consider to possess the necessary qualifications, in order that, when a vacancy occurs, the Secretary of State may have material over and above the immediate recommendation of the Governor, for judging how far the particular candidate recommended is on the whole the best qualified, and whether a candidate of proper qualifications is to be found in that or in any other Colony.

}

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

287

5. I regret to find that, with one or two exceptions, this rule has not of late years been observed, and that, in the case of some Colonies, promotion is therefore apt, occasionally, to go to the man who applies at the right moment rather than to those-possibly the more deserving--who do not press their own claims. In order to prevent such mistakes, I am anxious that the practice of making annual reports should be resuined. I need hardly say that you are not required to report upon the claims of every officer of your Government, which would be unnecessary and impracticable; but I see no reason why you should not be able to supply each year a report upon those officers whose claims to promotion either elsewhere or in the same Colony might reasonably be expected to come shortly under the consideration of the Secretary of State. It is chiefly in connexion with the transfer of officers from one Colony to another that these reports are wanted. In the Eastern Colonies the number of officers who may be desirous of such transfer, and whom it may be feasible to transfer, is compara- tively small. On the other hand, in the West African Colonies a very large proportion of the European officers are desirous of being transferred.

6. Subject to these remarks, I leave it to you to determine in the first instance what officers should be reported upon. It will be convenient, for the sake of uniformity, that the reports should be made out on the forms of which I enclose copies; and as far as possible they should be arranged under the heads mentioned in Lord Derby's Circular of the 4th December, 1884,* a copy of which is enclosed, and which need not any longer be treated as confidential. The reports should be sent to me in the first instance as soon as possible after the receipt of this despatch, and in future they should be taken in hand immediately after the annual estimates have been passed and should be despatched so as to reach the Colonial Office as early after the beginning of January as may be practicable.

　　I should be glad also if you would invariably require officers who may be applicants for promotion to fill in, in the first place, a form of particulars similar to that now transmitted.

The Officer Administering the Government of

I have, etc.,

J. CHAMBERLAIN.

HONGKONG.

LEGISLATIVE COUNCIL.

No. 222.-His Majesty the King has not been advised to exercise his power of lis- allowance with respect to the following Ordinances :-

Ordinance No. 15 of 1911, entitled-An Ordinance to amend the Census Ordin-

ance. 1881.

Ordinance No. 16 of 1911, entitled---An Ordinance to amend the Law with respect to Persons carrying on business as Money- lenders.

Ordinance No. 18 of 1911, entitled-An Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

COUNCIL CHAMBER,

25th July, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 223-lis Excellency the Governor has been pleased to appoint, under Sab- section 22 of Section 37 of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), Mr. ROBERT HUNTER to be a Surveyor of Boilers of Unlicensed Steamships under 40 tons burden.

25th July, 1911.

*Note. This Circular was not at the time sent to all the Colonies to which it might apply.

}

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

287

　　I should be glad also if you would invariably require officers who may be applicants for promotion to fill in, in the first place, a form of particulars similar to that now transmitted.

The Officer Administering the Government of

I have, etc.,

J. CHAMBERLAIN.

HONGKONG.

LEGISLATIVE COUNCIL.

No. 222.-His Majesty the King has not been advised to exercise his power of lis- allowance with respect to the following Ordinances :-

Ordinance No. 15 of 1911, entitled-An Ordinance to amend the Census Ordin-

ance. 1881.

Ordinance No. 16 of 1911, entitled---An Ordinance to amend the Law with respect to Persons carrying on business as Money- lenders.

Ordinance No. 18 of 1911, entitled-An Ordinance for regulating the supply of Electricity for Lighting and other purposes within the Colony of Hongkong and its Dependencies.

COUNCIL CHAMBER,

25th July, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

25th July, 1911.

*Note. This Circular was not at the time sent to all the Colonies to which it might apply.

288

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

NOTICES.

No. 224.

Order under Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

WHEREAS I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same deem it expedient for the execution of a public work (namely, the improvement of Wong- nei-chong Road) to remove the graves on Crown Land within the area coloured red on the plan dated the 14th day of July, 1911, and signed by the Director of Public Works, which may be seen at the Public Works Office, in accordance with the provisions of Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909), Now I, by this order under my hand by virtue of the power in that behalf vested in me by the aforesaid Section 91b of the said Ordinance, do hereby order and direct that the graves within the area coloured red on the plan above referred to shall be removed to the satisfaction of the Director of Public Works either by the Public Works Department or, should the Board of Direction of the Tung Wah Hospital desire to undertake the work, by the Tung Wah Hospital, and that the remains removed from such graves shall be re-interred or disposed of in such manner as the Registrar General in consultation with the Head of the Sanitary Department and the Board of Direction of the Tung Wah Hospital shall think fit, and that all reasonable expenses in connection with such removal, re-interment and dis- posal shall be defrayed out of the public revenue of the Colony.

Given under my hand this 26th day of July, in the year of Our Lord 1911.

Government House, Hongkong.

F. D. LUGARD,

Governor.

COLONIAL SECRETARY'S Department.

No. 225.-It is hereby notified that information has been received from the Consul for Russia at Hongkong that Chinese subjects are prohibited from landing on the Territory of the Government General of the Amur River without a passport viséed by a Russian Consul.

28th July, 1911.

WARREN BARNES,

Colonial Secretary.

SUPREME COURT.

No. 226. It is hereby notified that, by command of His Excellency the Governor, and pursuant to Section 9 of the Public Health and Buildings Ordinances. 1903-1909, an Election of one Member to the Sanitary Board will take place at the City Hall on Tuesday, the 8th day of August, 1911, commencing at 4 o'clock in the afternoon.

The following persons will be entitled to vote at the election, that is to say:

(a.) Such persons as are included in the Special and Common Jury Lists for the

year 1911.

(b.) Such persons as are exempt from serving on Juries on account of their professional avocations or on account of their being Members of Council or on account of infirmity or of their being over the age of sixty years.

　　　　The election will be conducted in accordance with the Rules contained in Schedule C to the above named Ordinances (Government Notification No. 1 of 4th January, 1909).

288

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

NOTICES.

No. 224.

Order under Section 91b of the Public Health and Buildings Ordinance, 1903, (as amended by Ordinance No. 11 of 1909).

Given under my hand this 26th day of July, in the year of Our Lord 1911.

Government House, Hongkong.

F. D. LUGARD,

Governor.

COLONIAL SECRETARY'S Department.

28th July, 1911.

WARREN BARNES,

Colonial Secretary.

SUPREME COURT.

The following persons will be entitled to vote at the election, that is to say:

(a.) Such persons as are included in the Special and Common Jury Lists for the

year 1911.

　　　　The election will be conducted in accordance with the Rules contained in Schedule C to the above named Ordinances (Government Notification No. 1 of 4th January, 1909).

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

289

　　The name of every Candidate shall be nominated in writing by one Elector and seconded by another and the said Nominations delivered to the Registrar of the Supreme Court not less than four clear days before the day fixed for the election.

Every Nomination shall be personally handed to the Registrar by the Candidate or his Nominator or Seconder.

In the event of the election being contested voting will commence immediately after the nominations have been read and continue until 6 p.m., when the ballot-box will be closed.

G. H. WAKEMAN,

Registrar.

28th July, 1911.

No. 227.-Financial Statement for the month of May, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 30th April, 1911, Revenue from 1st to 31st May, 1911,

Expenditure from 1st to 31st May, 1911,..

Balance,.............

TREASURY.

.$1,515,775,82

556,018,46

2,071,793.78

531,066.72

.$1,540,727,06

Assets and Liabilities on the 31st May, 1911.

LIABILITIES.

ASSETS.

Deposits not Available,

Officers' Remittances,

204,844.93 99.03

Balance, Bank,

Subsidiary Coins,

Crown Agents' Advances,

Drafts,

5,384,070.10

Advances,

165,181.19

Imprest,

Postal Agencies,

21,198.83

Railway Construction,

House Service Account,

Total Liabilities,.

Balance,

5,775,394.08

1,540,727,06 ·

TOTAL,.......

.$ ! 7,316,121.14

24th July, 1911.

Crown Agents' Current Account,.. Unallocated Stores Account,

335,699.80

327,099.58

56,676,31

7,928.22

6,272,729.48

608.12

27,218.35 288,161.28

TOTAL,...

7,316,121,14

A. M. THOMSON,

Treasurer.

THE HONGKONG GOVERNMENT GAZETTE, JULY 28, 1911.

289

Every Nomination shall be personally handed to the Registrar by the Candidate or his Nominator or Seconder.

In the event of the election being contested voting will commence immediately after the nominations have been read and continue until 6 p.m., when the ballot-box will be closed.

G. H. WAKEMAN,

Registrar.

28th July, 1911.

No. 227.-Financial Statement for the month of May, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 30th April, 1911, Revenue from 1st to 31st May, 1911,

Expenditure from 1st to 31st May, 1911,..

Balance,.............

TREASURY.

.$1,515,775,82

556,018,46

2,071,793.78

531,066.72

.$1,540,727,06

Assets and Liabilities on the 31st May, 1911.

LIABILITIES.

ASSETS.

Deposits not Available,

Officers' Remittances,

204,844.93 99.03

Balance, Bank,

Subsidiary Coins,

Crown Agents' Advances,

Drafts,

5,384,070.10

Advances,

165,181.19

Imprest,

Postal Agencies,

21,198.83

Railway Construction,

House Service Account,

Total Liabilities,.

Balance,

5,775,394.08

1,540,727,06 ·

TOTAL,.......

.$ ! 7,316,121.14

24th July, 1911.

Crown Agents' Current Account,.. Unallocated Stores Account,

335,699.80

327,099.58

56,676,31

7,928.22

6,272,729.48

608.12

27,218.35 288,161.28

TOTAL,...

7,316,121,14

A. M. THOMSON,

Treasurer.

292

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 228.

HONGKONG. No. 203.

DOWNING SIRI ET,

8th July, 1911.

SIR,-I have the honour to acknowledge the receipt of your telegram of 22nd June in which the members of the Executive and Legislative Councils and the Judges of Hongkong on behalf of the people of the Colony offer their congratulations to Their Majesties the King and Queen on the occasion of their coronation.

Your telegram has been laid before the King, and I request that you will make it known throughout the Colony under your Government, that I am commanded to express Their Majesties' sincere thanks for this loyal and dutiful message.

Their Majesties cordially appreciate the good wishes of their subjects in Hongkong.

Governor

I have, etc.,

Sir F. D. LUGARD, G.C.M.G., C.B., D.S.O.,

HONGKONG. No. 204.

St.,

Sc.,

L. HARCOURT.

&c.

DOWNING STREET,

8th July, 1911.

　　　SIR, --I have the honour to acknowledge the receipt of your telegram of 22nd June tendering loyal homage to His Majesty the King from his subjects in Hongkong on the occasion of His Majesty's Coronation, and also forwarding congratulations to the King and Queen from representatives of other nationalities within the borders of the Colony.

　　　2. I request you to make it known that Their Majesties have read your telegram with satisfaction, and have commanded me to express their thanks for the congratulations and good wishes which it contains.

Governor

I have, etc.,

Sir F. D. LUGARD, G.C.M.G., C.B., D.S.O.,

HONGKONG.

No. 205.

&C..

Sc.,

L. HARCOURT.

DOWNING STREET,

8th July, 1911.

SIR,-I have the honour to acknowledge the receipt of your telegram of 22nd June, tendering, on behalf of the Parsee Community of Hongkong, congratulations to Their Majesties the King and Queen on the occasion of their coronation.

　　　I am commanded by Their Majesties to request you to convey their thanks for this loyal message.

Covernor

I have, etc.,

Sir F. D. LUGARD, G.C.M.G., C.B., D.S.O.,

&c.,

Se.,

&c.

L. HARCOURT.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

EXECUTIVE COUNCIL.

293

No. 229.

　　　Order made by the Governor-in-Council under Section 10 (3) of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 1st day of August, 1911.

So much of Order No. 132 made by the Governor-in-Council on the 4th day of May, 1911, and published in the Gazette on the 12th day of May, 1911, as relates to Conditions. of Licence to store Compressed Oxygen is hereby revoked and there shall be substituted the following conditions of licences as to the storage of Compressed Oxygen and Dissolved Acetylene respectively:-

Conditions of Licence to store Compressed Oxygen.

1. No room or store shall be licensed for the storage of Compressed Oxygen unless it shall have been approved for such storage by the Captain Superintendent of Police.

2. Such room or store shall be sufficiently well lighted and shall be thoroughly well.

ventilated and kept cool.

3. No fire, matches, or artificial light (except incandescent electric light) shall be

used within such room or store.

4. Such room or store shall be kept locked as much as possible.

5. No goods of a highly combustible nature shall be kept in the same room or store

with Compressed Oxygen.

6. No Compressed Oxygen shall be kept in any such room or store unless packed in

cylinders.

7. Such cylinders shall be made of wrought iron or mild steel of the best quality, containing 99 per cent. of iron, and not more than 0.25 per cent. of carbon, thoroughly annealed after manufacture. They shall be of sufficient strength and efficiently tested.

8. Each cylinder should bear a label containing in legible characters, both in English

and Chinese, the words "Compressed Oxygen-Dangerous".

9. Cylinders shall not be charged to a greater pressure than 2,200 lbs. per square

inch.

Conditions of Licence to store Dissolved Acetylene.

1. No room or store shall be licensed for the storage of Dissolved Acetylene unless it shall have been approved for such storage by the Captain Superintendent of Police.

2. Such room or store shall be sufficiently well lighted and shall be thoroughly well

ventilated and kept cool.

3. No fire, matches, or artificial light (except incandescent electric light) shall be

used within any such room or store.

4. Such room or store shall be kept locked as much as possible.

5. No goods of a highly combustible nature shall be kept in the same room or store

with Dissolved Acetylene.

6. No Dissolved Acetylene shall be kept in any such room or store unless packed in

cylinders.

8. No such cylinder shall contain more than 200 cubic feet of Acetylene in solution nor shall any cylinder be charged to a greater pressure than 300 lbs. per square

inch.

9. Each cylinder shall bear a label containing in legible characters, both in English

and Chinese, the words "Dissolved Acetylene-Dangerous ".

294

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

No. 230.

Order made by the Governor-in-Council under Section 5 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 1st day of August, 1911.

　　　Now the Governor-in-Council in further pursuance of the said power vested in him as aforesaid declares that in addition to such substances the following shall be deemed to be dangerous goods :--

Dissolved Acetylene.

No. 231.

　　　Order made by the Governor-in-Council under Sub-section (2) of Section 7 of the Regulation of Chinese Ordinance, 1888, (Or- dinance No. 3 of 1888), this 1st day of August, 1911.

　　　Whereas the districts of the City of Victoria named in Sub-section (1) of Section 7 of the Regulation of Chinese Ordinance, 1888, do not exactly cover the area of the City of Victoria as defined by Section 2 of the City of Victoria Boundaries Ordinance, 1903, (Ordin- ance No. 20 of 1903); and whereas it is deemed desirable to alter the boundaries of the said districts so that the said districts shall hereafter exactly cover the said area; and whereas it is provided by Sub-section 2 of Section 7 of the first mentioned Ordinance that such districts or their boundaries may be altered from time to time by the Governor-in- Council: It is therefore hereby ordered that the boundaries of the said districts shall be altered, and that the boundaries of the said districts shall hereafter be those set out in a map, signed by the Director of Public Works and dated the 7th June, 1911, signed copies of which shall be kept in the Land Office and in the offices of the Registrar General and the Director of Public Works.

No. 232.

Regulations made by the Governor-in-Council under Section 3 of the Public Places Regulation Ordinance, 1870. (Ordinance No. 2 of 1870), this 1st day of August, 1911.

The Regulation relating to Blake Pier made by the Governor-in-Council on the 4th day of November, 1909, and published in the Gazette on the 5th day of November, 1909, and on page 652 of the Regulations of Hongkong, 1910, is hereby repealed and there shall be substituted therefor the following Regulations:-

1. No

person

Blake Pier.

　　　　shall sit or stand upon any part of the railings. 2. No person shall put his feet on or lie upon any seat.

3. No kites shall be flown in or from the pier.

4. All persons using the pier shall conduct themselves in a quiet, decent and orderly

manner.

5. No person shall expectorate on the pier.

6. No person not fully and properly clothed and shod shall occupy any seat.

COUNCIL CHAMBER,

1st August, 1911.

C. CLEMENTI,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

No. 233.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 13.

295

THURSDAY, 20TH JULY, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

ཝཱ

Mr. CHARLES HENDERSON ROSS.

ABSENT :

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

　　　The Minutes of the last Meeting, held on the 6th July, 1911, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 42 and 43, and moved that they be referred to the Finance Committee :---

No. 42.-Miscellaneous Services, Steam-Launch,

No. 43.-Charge on account of Public Debt, Sinking Fund on 35% Inscribed Stock, (Wuchang Loan at 1%, £1,143,933),

The Colonial Treasurer seconded.

.$ 3,000.00.

....

21,282.46.

Question-put and agreed to.

　　　REPORT OF THE FINANCE COMMITTEE. The Colonial Secretary laid on the table the Report of the Finance Committee dated the 6th July, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　REPORTS OF THE STANDING LAW COMMITTEE.The Attorney General laid on the table Reports Nos. 2 and 3 of the Standing Law Committee.

PAPERS.-The Colonial Secretary laid on the table the following paper :--

Report of the Registrar General for the year 1910.

296

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

POST OFFICE AMENDMENT BILL.The Attorney General moved the First reading of

a Bill entitled An Ordinance to amend the Post Office Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

CROWN SOLICITORS BILL.--The Attorney General moved the First reading of a Bill entitled An Ordinance to make provision for the appointment of and to define the powers of the Crown Solicitor and Assistant Crown Solicitor.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

CROWN LANDS RESUMPTION AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to further amend the Crown Lands Resump- tion Ordinance, 1900.

The Colonial Secretary seconded.

Question---put and agreed to.

Bill read a first time.

　　　PRISON AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to further amend the Prison Ordinance, 1899, and stated that the Bill was not circulated with the Orders of the Day but that the Government considered the matter of sufficient urgency to bring it up

without notice.

The Colonial Secretary seconded.

His Excellency the Governor informed the Council that a two-thirds majority was re- quired and, on a show of hands, declared the motion carried.

Bill read a first time.

PROBATES AMENDMENT BILL.-The Colonial Treasurer addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Probates Ordin- ance, 1897.

The Attorney General seconded.

Question-put and agreed to.

Bill read a second time.

Council then went into Committee to consider the Bill clause by clause.

The Attorney General moved that in sub-section (a) of section 2 the words-"after the word 'estate of the words or property' and "be inserted between the words "addition" and "after"; that in sub-section (7) the words from "to any to "person" inclusive be deleted and that the following be substituted therefor: "in their own right to property passing on the death of any person"; and that in sub-section () the word of" be inserted between the words "or" and "Japan ".

The above amendments having been approved, the Attorney General moved that the Bill be left in Committee, and the motion was agreed to.

　　　　STAMP AMENDMENT BILL.-The Colonial Treasurer addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

The Attorney General seconded.

Question-put and agreed to.

Bill read a second time.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

297

　　　STAMP DUTIES MANAGEMENT BILL.-The Colonial Treasurer addressed the Council and moved the Second reading of the Bill entitled An Ordinance to consolidate and amend the Law relating to the Management of Stamp Duties.

The Attorney General seconded.

Question-put and agreed to.

Bill read a second time.

PRIVATE VEHICLES AMENDMENT BILL-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Private Vehicles Licensing Ordinance, 1895.

The Colonial Secretary seconded, motion agreed to, and Bill read a second time. Council then went into Committee on the Bill. On Conncil resuming the Attorney General reported that the Bill had been approved without amendment and moved that it be read a third time. The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

SUPPLEMENTARY APPROPRIATION BILL.-The Colonial Secretary addressed the Council and moved the Second reading of the Bill entitled An Ordinance to authorize the Appro- priation of a Supplementary Sum of Four hundred and thirty-eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

The Colonial Treasurer secended, motion agreed to, and Bill read a second time. Council then went into Committee on the Bill. On Council resuming the Colonial Secretary reported that the Bill had been approved without amendment and moved that it be read a third time. The Colonial Treasurer seconded, motion agreed to, Bill read a third time and passed.

PENALTIES AMENDMENT BILL.-- The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Report of the Standing Law Committee on the Bill entitled An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

The Colonial Secretary seconded, and the motion was agreed to.

The Attorney General moved the following amendments to Part V of the Schedule:--

That the following be inserted between the first and second paragraphs of the

amendments to Ordinance No. 4 of 1897 :---

"in section 13, as amended by Ordinance No. 11 of 1904, for the words or to imprisonment three times there shall be read and to imprison- ment, and the words from Provided always to think fit repealed: ".

That the following be inserted after the amendments to Ordinance No. 10 of

1899:

"Ordinance No. 7 of 1903, (as amended by Ordinance No. 42 of 1909), in section 5, for the words or to a line there shall be read and to a fine, and the words or both are repealed.".

That in the amendments to Ordinance No. 15 of 1907 the words and figure "in section 2," be inserted between the figures" 1907, and the word "for".

That the following be inserted at the end of the Schedule :-

"Ordinance No. 21 of 1909, in sections 42, 58 and 59, for the words

or to' there shall be read and to', and the words or to both are repcaled."

On the motion of the Colonial Secretary the draft of the Bill attached to the above- mentioned Report, as amended above, was substituted for the Bill previously laid before the Council. The Bill was left in Committee in order that the new draft might be published in the Gazette.

　　INTERPRETATION BILL.--The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to amend and codify the law as to Common Forms and as to the Interpretation of Terms used in Ordinances, be resumed.

The Colonial Secretary seconded and the motion was agreed to.

298

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

The Attorney General moved the following amendments :-

In the definition of "The Colony" under section 39B that the word "Island" be substituted for the word "Colony" in the second line thereof and that the words "and Kowloon" be inserted after the word "Hongkong" in the same line.

That the following definitions be inserted after the definition of " Emigration

Officer":-

"Medical Officer of Health" and "Assistant Medical Officer of Health

means the persons appointed respectively to act as such officers under Ordinance No. 1 of 1903.

"Government Analyst" includes any analyst appointed by the Governor

under Ordinance No. 8 of 1893.

That the following definitions be inserted after the definition of "The Goal" :

"Superintendent of the Gaol" includes the Assistant Superintendent of the

Gaol. This definition shall apply to all warrants of committal, or other documents, whether issued, made, sealed or signed before or after the commencement of this Ordinance.

That the following be added at the end of sub-section (2) of section 47:-

Ordinance No. 15 of 1903, so much of section 5 as relates to obstructing

and hindering officers.

Ordinance No. 23 of 19 19, section 86.*

That the words "and Excise Officers" be added at the end of sub-section (6) of

section 48.

That the words and figures "Ordinance No. 18 of 1909" be inserted between the

third and fourth lines of section 50.

　　　　On the motion of the Colonial Secretary the draft of the Bill attached to the Report No. 3 of the Standing Law Committee, as amended above, was substituted for the Bill pre- viously laid before the Council. The Bill was left in Committee in order that the new draft might be published in the Gazette.

ADJOURNMENT.-The Council then adjourned until Thursday, the 3rd August, 1911.

Read and confirmed this 3rd day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

NOTICES.

F. D. LUGARD,

Governor.

OFFICE OF REGISTRAR OF TRADE MARKS.

The Patents Ordinances, 1892-1911.

　　　　No. 234.-It is hereby notified that, on the application of SIDNEY RADCLIFF Of Bairnsdale, in the State of Victoria, Australia, Director of School of Mines, His Excellency the Governor-in-Council has been pleased to grant to the said SIDNEY RADCLIFF provisional protection for a period of six months from the 1st day of August, 1911, for an invention for an improved process for treating complex radium ores, pending the grant of Letters Patent therefor.

A. G. M. FLETCHER,

Registrar of Trade Marks,

3rd August, 1911.

298

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 4, 1911.

The Attorney General moved the following amendments :-

That the following definitions be inserted after the definition of " Emigration

Officer":-

"Medical Officer of Health" and "Assistant Medical Officer of Health

means the persons appointed respectively to act as such officers under Ordinance No. 1 of 1903.

"Government Analyst" includes any analyst appointed by the Governor

under Ordinance No. 8 of 1893.

That the following definitions be inserted after the definition of "The Goal" :

"Superintendent of the Gaol" includes the Assistant Superintendent of the

Gaol. This definition shall apply to all warrants of committal, or other documents, whether issued, made, sealed or signed before or after the commencement of this Ordinance.

That the following be added at the end of sub-section (2) of section 47:-

Ordinance No. 15 of 1903, so much of section 5 as relates to obstructing

and hindering officers.

Ordinance No. 23 of 19 19, section 86.*

That the words "and Excise Officers" be added at the end of sub-section (6) of

section 48.

That the words and figures "Ordinance No. 18 of 1909" be inserted between the

third and fourth lines of section 50.

ADJOURNMENT.-The Council then adjourned until Thursday, the 3rd August, 1911.

Read and confirmed this 3rd day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

NOTICES.

F. D. LUGARD,

Governor.

OFFICE OF REGISTRAR OF TRADE MARKS.

The Patents Ordinances, 1892-1911.

A. G. M. FLETCHER,

Registrar of Trade Marks,

3rd August, 1911.

300

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

LEGISLATIVE COUNCIL.

No. 235.

LEGISLATIVE COUNCIL, No. 14.

THURSDAY, 3RD AUGUST, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(SiP FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

1.7

the Attorney General. (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr.HARLES HENDERSON Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 20th July, 1911, were read and confirmed.

FINANCIAL MINUTES.--The Colonial Secretary laid on the table Financial Minutes Nos. 44 to 48, and moved that they be referred to the Finance Committee :-

No. 44.-Police Department, Typewriter,

No. 45.-Queen's College, Die for silver button,

No. 46.-Bacteriological Institute, Preparation of Viri, Vac-

cine and Sera,

$ 145.00.

120.00.

100.09.

No. 47.-Public Works Department, Language Study Allow-

ance (Chinese) to Land Surveyor,

84.19.

No. 48.-Governor, Furniture and Incidental Expenses,

The Colonial Treasurer seconded.

2,200.00.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The_Colonial Secretary laid on the table the Report of the Finance Committee dated the 20th July, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

PAPERS. The Colonial Secretary laid on the table the following papers:---

Statement with reference to the Typhoon Refuge.

Medical and Sanitary Reports for the year 1910.

Report of the Director of Public Works for the year 1910.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

QUESTIONS.-Mr. POLLOCK, pursuant to notice, asked the following questions

301

1. Is it the fact that the Government has let the premises formerly occupied by the Post Office at a rent of $406 per month, or at some other and, if so, what

rent?

2. For what period are such premises let and has the lessee any and what option

to renewal?

3. For what purpose did the lessee take the said premises and what rent is he likely

to receive for sub-letting the same?

4. Does the Government consider the rent which the lessee has agreed to pay an adequate rent, and, if so, for what reasons? Did the Government, before agreeing to accept such rent, make any calculations as to how many shops the ground-floor of the said premises could reasonably be sub-divided into, or make any enquiries as to the rents paid by shops in the neighbourhood? If not, why not? Did the Government make any enquiries as to what rents the first floor was likely to bring in, it sub-divided into rooms for Offices? If not, why not?

5. Why was not the leasing of the said premises put up to Public Auction with a Reserve? Is it not usual for Government dealings with land to be put to Public Auction with a Reserve? Are there not some instructions from the Secretary of State for the Colonies on the subject?

The Colonial Secretary replied.

　　　THEIR MAJESTIES' THANKS.-His Excellency the Governor read a despatch received from the Secretary of State for the Colonies conveying the thanks of Their Majesties the King and Queen for the telegram sent by the Executive and Legislative Councils on the occa- sion of the Coronation.

WIDOWS' AND ORPHANS' PENSION AMENDMENT (No. 3) BILL.-The Colonial Secre- tary moved the First reading of a Bill entitled An Ordinance to yet further amend the Widows' and Orphaus' Pension Ordinance, 1908.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a first time.

　　　POST OFFICE AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Post Office Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

　　　Council then went into Committee to consider the Bill clause by clause. On the motion of the Attorney General the bill as read a first and second time was withdrawn and a reprint of the bill containing several amendments was substituted.

　　　The Colonial Secretary moved that the Standing Orders be suspended to enable the Bill to be considered by the headings of the sections without reading them. The Attorney General seconded, but, on Mr. POLLOCK objecting, the motion was withdrawn, and the Bill was considered clause by clause.

　　　On the motion of the Attorney General, it was agreed that the words "against the Principal Ordinance" in the last line of sub-section (2) of the new section 33 in section 7 be deleted, and that the word "be" be inserted between the words "shall" and "liable" in the second line of sub-section (2) of the new section 33c.

On the motion of His Excellency the Governor the Bill was left in Committee.

　　　CROWN SOLICITORS BILL.-The Attorney General moved that the Bill entitled An Ordinance to make provision for the appointment of and to define the powers of the Crown Solicitor and Assistant Crown Solicitor, be withdrawn.

The Colonial Secretary seconded, and the motion was agreed to.

302

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

CROWN LANDS RESUMPTION AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Crown Lands Resumption Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

　　　　　Council in Committee on the Bill. On the motion of the Attorney General the bill as read a first and second time was withdrawn and a reprint of the bill containing several

amendments was substituted.

Council resumed, the Bill being left in Committee.

PRISON AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Prison Ordinance,

1899.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

　　　　　PROBATES AMENDMENT BILL.-The Colonial Treasurer moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Probates Ordinance, 1897.

The Colonial Secretary seconded, and the motion was agreed to.

On the motion of the Attorney General it was agreed that sub-section (c) of section 2

be deleted.

Council resumed, the Bill being left in Committee.

STAMP AMENDMENT BILL.-The Colonial Treasurer moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

The Colonial Secretary seconded, and the motion was agreed to.

On the motion of the Attorney General it was agreed that the following two sections be inserted after section 9 and be numbered 10 and 11 respectively

10. Sub-section (1) section 18 of the Principal Ordinance is hereby amended :---

(i.) by the deletion of the word "and" at the end of sub-sub-section (b)

thereof.

(ii) by the insertion of the word "and" at the end of sub-sub-section (e)

thereof,

(iii.) by the insertion after sub-sub-section () thereof of the following new

sub-sub-section :

(d.) Any money payable under a Policy of Insurance effected by any person on his life where the Policy is wholly kept up by him for the benefit of a donee whether nominee or assignee or a part of such money in proportion to the premium paid by him where the Policy is partially kept up by him for such benefit."

11. Section 18 of the Principal Ordinance as amended by section 10 of this Ordin- ance is hereby further amended by re-numbering sub-sections (1), (2) and (3) thereof (2), (3) and (4) respectively and by inserting at the commence- ment thereof the following new sub-section :-

(1.) In this and the following sections the word "estate or property" or "effects" of a deceased person, means the personal estate and effects of whatever kind of such person and includes pro- perty passing on the death of such person.

Sections 10 and 11 were re-numbered 12 and 13.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

303

Section 12 was re-numbered 14 and amended by the insertion of the following words between the words "by" and "striking" in the third line thereof--"inserting the words at the date of the death, in the case of property passing on death, or in other cases' after the words 'in the Colony were' and by

"**

Section 13 was re-numbered 15 and amended by the deletion of all the words in sub- section (1) from the words "Bills of Lading" to the end of the sub-section and the substitu- tion therefor of the words Ship's Receipt' the words whether in the form of an Accountable Receipt or otherwise ; by the addition of the following sub-sections after sub-section (1) to be numbered (2) and (3) respectively:

(2.) by substituting " $5 for $25 in Article 22:

　　　　　(3.) by substituting "$10" for " $30" in Articles 24 and 31 respectively : and by re-numbering sub-sections (2) and (3) as (4) and (5) respectively.

The following new section to be numbered 16 was inserted :--

16. Whenever the Principal Ordinance shall be printed with the Ordinances amending it sections 14, 15, 16, 17, 18, 19, 21, 22, 23, 24 and 29 shall be re-numbered 18, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 31 respectively and sections 20 (a) and 20 (b) introduced by Ordinance No. 44 of 1999 shall be re-numbered 24 and 25 respectively and sections 4, 5, 6, 7, 8 and 9 of this Ordinance shall be included and re-numbered 13, 14, 30, 15, 16 and 17 respectively.

Section 14 was re-numbered 17 and the word "hereby inserted between the words "is" and "repealed ".

Council then resumed, the Bill being left in Committee.

　　　　STAMP DUTIES MANAGEMENT BILL.-The Colonial Treasurer moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordin- ance to consolidate and amend the Law relating to the Management of Stamp Duties.

The Colonial Secretary seconded, and the motion was agreed to.

　　　The words "provided by Collector" were deleted from the marginal note to section 10 and sub-section (1) of section 10 was cancelled and the following substituted therefor :--

(1.) Forges or fraudulently alters a die or stamp or surcharges any stamp without proper authority, or forges, alters, crases, removes or cancels the authorised surcharge on any stamp ;

Sub-section (9) was re-numbered (10) and the following words were added at the end thereof:-" or any stamp the surcharge on which has been forged, altered, erased, removed or cancelled ".

Sub-section (10) was re-numbered (9).

The definition of "die" in section 21 was amended by the deletion of the words "under the direction of the Collector and the substitution therefor of the words "in the

་.

manufacture of any adhesive stamp or ".

་་

The definition of

stamp was amended by the insertion of the words label or " between the words "any" and "stamp" in the fourth line and by the insertion of the words or any envolepe, wrapper, card, form or paper, words, letters or marks purporting to authorise the transmission by post of any correspondence whether such stamp is issued by the Government of Hongkong or by the Postmaster General of the United Kingdom or by the Government" between the words "postage" and "of" in the fourth line thereof,

The Schedule was amended by the deletion of the word "and" in the third line of the last column and by the insertion of the words "and 30" after the figures " 28" in the same line; and by the substitution of the words "words fraudulently removing any postage stamp from any correspondence" for the words "first line" in the seventh and eighth lines of the said column.

Council then resumed, the Bill being left in Committee..

304

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

PENALTIES AMENDMENT BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uni- formity with the Law of England, and for other purposes.

The Colonial Secretary seconded, and the motion was agreed to.

On the motion the of Attorney General the words "with or without hard labour, as the case may be" in the fourth and fifth lines of sub-section (2) of section 9 were deleted.

　　　In Part II of the Schedule the following words and figures were inserted between the third and fourth last lines thereof-" Ordinance No. 2 of 1897, section 15".

　　　In the references to the sections of Ordinance No. 6 of 1865 in Parts III and IV of the said Schedule the figure "(2)" after the figures " 28" was deleted.

The following was added at the end of Part V of the said Schedule :

there

Ordinance No. 9 of 1911, in section 89, for the words "or imprisonment

shall be read "and imprisonment", and the words "or to both fine and imprisonment" are repealed.

Ordinance No. 16 of 1911, in sections 3 (2) and 5, for the words "or imprison- ment "there shall be read "and imprisonment ", and the words "or to both "

are repealed.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 10th August, 1911.

Read and confirmed this 10th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD, Governor.

　　　No. 236.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :-

Ordinance No. 27 of 1911.-An Ordinance to yet further amend the Widows' and

Orphans' Pension Ordinance, 1908.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

305

HONGKONG.

No. 27 of 1911.

An Ordinance to yet further amend the Widows'

and Orphans' Pension Ordinance, 1908.

F. D. LUGARD,

Governor.

[11th August, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

tion.

1. This Ordinance may be cited as The Widows' Short title and Orphans' Pension Amendment (No. 3) Ordinance, and construc- 1911, and shall be read as one with the Widows' and Orphans' Pension Ordinance, 1908, and the Ordinances amending the same.

Ordinance

2. The Widows' and Orphans' Pension Ordinance, Adds a new 1908, as amended by subsequent Ordinances, is hereby section to further amended by the addition, after section 30 there- No. 15 of of, of the following new section :-

1908.

Auditors

31. The provisions of this Ordinance shall not Provisions of

apply to any public officer who is an Aud- this Ordin- ance not to itor or Assistant Auditor, appointed on the

apply to recommendation of the Director of Colonial Auditors and Audit in London, unless before the 1st day of Assistant January, 1912, or unless within six months unless they after the date of his arrival in the Colony desire it. he shall have stated in writing to the Trea- surer that he desires the provisions of this Ordinance to apply to him, in which event the said provisions shall apply accord- ingly from the date of the receipt by the Treasurer of the statement in writing.'

Passed the Legislative Council of Hongkong, this 10th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 11th day of August, 1911.

WARREN BARNES,

Colonial Secretary.

APPOINTMENTS, &c.

No. 237.-His Excellency the Governor has been pleased to appoint, under Section 7 of the Public Health and Buildings Amendment Ordinance, 1903, (Ordinance No. 23 of 1903), Police Sergeant JAMES MCKAY to be a Sanitary Inspector for Sham Shui Po District, rice Police Sergeant ANGUS transferred with effect from the 21st July, 1911.

9th August, 1911.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

305

HONGKONG.

No. 27 of 1911.

An Ordinance to yet further amend the Widows'

and Orphans' Pension Ordinance, 1908.

F. D. LUGARD,

Governor.

[11th August, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

tion.

Ordinance

1908.

Auditors

31. The provisions of this Ordinance shall not Provisions of

apply to any public officer who is an Aud- this Ordin- ance not to itor or Assistant Auditor, appointed on the

Passed the Legislative Council of Hongkong, this 10th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 11th day of August, 1911.

WARREN BARNES,

Colonial Secretary.

APPOINTMENTS, &c.

9th August, 1911.

306

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 238.-It is hereby notified that the following Letters Patent have been granted:-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

Description of Invention.

No. 8 of 1911.

6th August, 1911.

Johannes von Riegen.

Victoria, Hongkong.

An invention for improvements in y

or relating to furnace fire bars.

6th August, 1911.

No. 239. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :--

Number of Mark.

Date of Registration.

No. 165 (1 to 9). of 1897.

15th July, 1897.

No. 165 (10 to 14) of 1897.

Do.

8th August, 1911.

Name of Owner.

The China Export, Import, and Bank Compagnie, Victoria, Hongkong.

Do.

Period of Renewal.

Classes in which renewed.

14th July,

1925.

1 and 4.

Do.

24, 34 and 35.

A. G. M. FLETCHER,

Registrar of Trade Marks.

TAITAM.

No. 240.

(Mr. Chadwick's Report of 10th April, 1902, paragraphs 25 and 26.)

CITY OF VICTORIA AND HILL DISTRICT WATERWORKS.

Details of Contents of Reservoirs, &c., arranged according to the Rain Year 1910-1911.

WONG-XEI-CHONG,

PUBLIC WORKS DEPART: T.

POKFULAM.

TAITAM INTERMEDIATE. TOTAL CON-

oir 1st of Month.

n Reser- Discharged

into Tunnel.

Bye-wash.

Main.

In Reservoir In Reservoir 1st of Month. 1st of Month.

Discharged into Tunnel.

In Reser-Discharged voir 1st of

Month.

into Tunnel.

In Reser- voir 1st of Mouth.

Pumped into Gauge Busin.

TENTS OF IMPOUNDING RESERVOIRS 1ST OF Moxtu.

COLLECTED TOTAL CON-

通

MINT DAM

Bure Pool

AND SPP.

GRAND

RAIN-

FALL.

RFMARKS.

PROM

STREAMS.

SUMPTION

(Filtered).

PLIES, PROM POKPT LAM CONDUIT (Ugiltered).

TOTAL.

Un-

*kes).

5,625,000 | 15,989,000 · 487,000 75,220,000 |105,419,000 1,033,000

1,880,000 29,164,000

17,840,000 | 30,753,000

99,667,000 45,871,000 192,034,000

54,000 11,040,000 92,279,000 286,000 4,033,000 60,953,000 26,753,000

5,061,000 149,400,000 32,151,000 23,987.000 18,040,000 138,079,000

6,580,000 31,357,000 158,000 276,690,000 74,801,000 13,804,000 12,649,000 177,786,000

35,550,000 | 30,575,000 13,706,000 388,760,000 54,602,000 23,572,000 6,696,000 205,248,000

18,000 121.426,000 2,817,000 121,243,000

1.93

74,193,000 11,271,000 136,747.000 2,774,000 139,221,000 18.19

384,366,000 67,118,000 148,062,000 2,630,000 150,652,000 13.90

525,018,000 46,280,000 165.037,000 3,285,000 168,329.000 1113

696,836,000 63,261,000 155,134,000 2,816,000 137,980,000 13.93

*0,040,000 | 36,112,000 26,301,000 407,000,000 79,492,000 32,287,000, 16,867,000 210,370,000 7,834,000 749,998,000 16,917,000 149,388,000 2,983,000 132,371,000 .04

16,940,000 21,625,000 293,000 407,000,000₫ 74,074,000 14,600,000 18,585,000 205,248,000 37,625,000 684,081,000 9,309,000 123,793,000 1,922,000 125,713,000 2.53

496,000 384,800,000 83,379,000 $20,000

180,021,000

610,527,000 16,839,000 120,676,000 1,328,000 122.204,000 79

487,000 313,850,000| 89,296,000 1,801,000

177,563,000 *,881,000 - 323,081,000 1,297,000 113,464,000 2,709,000 116,173,000 .78

27,000 239,270,000 99,297,000 2,017,000

175.320,000 41,096,000 426,309,000 983,000 109,604,000 2,375,000 111,979,000 .00

320,000 ₫ 184,590,000|104,965,000 1,908,000

154,420,000|53,223,000 345,388,000 6,340,000 113,777,000 1,953,000 115,730,000 3.81

541,000|120,885,000| 98,924,000₫ 1,876,000

128,250,000 48,698,000 256,832,000 5,415,000 107,077,000 2,543,000 109,620,000 5.93

14,390,000 20,458,000

29,380,000 | 22,571,000

9,675,000 9,322,000

4,100,000 2,472,000

5,280,000 2,738,000

jaterial! 1948

et ppt v

Maze daring a hole yetu §.

Sæteritie & apply

tia iza dwrtoy whole ww.ath to ath, Cosecast supply Treats de M to Pael. bateritis34

Mains fred Word.

Is. miltei supply Maine to Mh. Comtat @pply from

$t vide

Constant supply in all

districts.

Coustout supply to 13th. Intermittent supply by Rider Mains from Mt.

Intermittent supply by Rider Main-.

253,136,000

988,679,000

76,870,000

.210,960.

268,501,000

Ketimured population, average for whole year,............. Consumption per head per day for whole year,..

during Constant Supply,.....

.20-3 including Trade Supplies, etc. .22.1

Intermittent Supply by Rider Mains,. 179

多

August, 1911.

کے اور ان کی کی جیت ہے۔

245,500,000 1,564,185,000 30,365,000 1594.550,000 74.97

Pumping was carried on during the following periods:

May 1st to June 5th

June 11th to 30rb

October 25th to December 1st

174 days.

February 6th to May 2nd

| Constant supply for 145 days. lutermittent supply by Rider

Axins for 20 dare

W. CHATHAM,

Director of Public Works.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 11, 1911.

307

310

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

LEGISLATIVE COUNCIL.

No. 241.

LEGISLATIVE COUNCIL, No. 15.

THURSDAY, 10TH AUGUST, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES HENDERSON Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 3rd August, 1911, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 49 to 51, and moved that they be referred to the Finance Committee :

No. 49. Additional Duty Pay to Deputy Official Receiver, ...$ 286.00.

No. 50.-Observatory, House Allowance to Director Designate, 703.22. No. 51.-Tung Wah Hospital, Medicines,

The Colonial Treasurer seconded.

Question-put and agreed to

..1,000.00.

REPORT OF THE FINANCE COMMITTEE.- The Colonial Secretary laid on the table the Report of the Finance Committee dated the 3rd August, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

QUESTIONS. Mr. POLLOCK, pursuant to notice, asked the following question:-

In view of the statement concerning the progress of the work on the Typhoon Refuge, which was laid upon the table at the last Meeting of Council, will the Government take steps to ensure that the future monthly expenditure on this work during the remaining 52 months of the contract time and the general pogress of the work shall be such as to safeguard the completion of the work within the contract time of five years?

The Colonial Secretary replied.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

311

PROTECTION OF WOMEN AND GIRLS AMENDMENT BILL.-The Registrar General moved the First reading of a Bill entitled An Ordinance to further amend the Protection of Women and Girls Ordinance, 1897.

The Attorney General seconded.

Question--put and agreed to.

Bill read a first time.

　　ARMS AND AMMUNITION AMENDMENT BILL.--The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　TUNG WA HOSPITAL EXTENSION BILL.--The Attorney General moved the First read- ing of a Bill entitled An Ordinance for the Establishment of a Hospital for the care and treatment of Chinese patients in the Kowloon Peninsula.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　CROWN SOLICITORS BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to enable Joseph Horsford Kemp Esquire, Barrister-at-law, to prac- tise as Crown Solicitor in the Court and to provide for the payment of solicitors' costs in cases in which a salaried Crown Solicitor or Assistant Crown Solicitor acts as solicitor.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　WIDOWS' AND ORPHANS' PENSION AMENDMENT (No. 3) BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to yet further amend the Widows' and Orphans' Pension Ordinance, 1908.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a second time.

　　Council then went into Committee on the Bill. Ou Council resuming the Attorney General reported the Bill without amendment and moved that it be read a third time. The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

CROWN LANDS RESUMPTION AMENDMENT BILL.The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to further amend the Crown Lands Resumption Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill. On the motion of the Attorney General it was agreed that the proviso at the end of section 4 be deleted, and that the following be added

at the end of section of 6:

(4.) In sub-section (1) (b) of section 9 so renumbered section 11 of Ordinance No. 10 of 1900 the words "or after the notice by the Colonial Secretary under section 5, as the case may be," shall be inserted after the words "notice of intended resumption ".

(7.) In section 12 so renumbered section 14 of Ordinance No. 10 of 1900 the words "Governor or owner shall be deleted in the two places where the

said words occur and there shall be inserted in substitution in each of the said places the words "Governor, owner or Chairman ".

Council resumed, the Bill being left in Committee.

312

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

　　　　PRISON AMENDMENT BILL.-The Attorney General moved the Third reading of the Bill entitled An Ordinance to further amend the Prison Ordinance, 1899.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　　PENALTIES AMENDMENT BILL.-The Attorney General moved the Third reading of the Bill entitled An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

　　　　INTERPRETATION BILL.-The Attorney General moved that the Committee stage on the Bill entitled Au Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordinances, be resumed.

The Colonial Secretary seconded, and the motion was agreed to.

　　　　On the motion of the Colonial Secretary, seconded by the Attorney General, it was agreed that the Standing Orders be suspended in order to enable the Bill to be read by the headings of the sections.

The following amendments, proposed by the Attorney General, were agreed to :

In sub-section (2) of section 40 the word "means" in the first line was deleted and the word "means" was inserted before the word "regulations" in the third line and the word "orders was inserted after the word "rules" in the same line.

In sub-section (3) of section 40 the words "and not before," in the third line were

deleted and the words "and effect" added to the marginal note.

In sub-section (4) of section 40 the word "rule" in the first line to read "rules" and the following proviso added at the end thereof :-" Provided that they shall not apply to banishment orders".

Governor-in-

Section 41 to be cancelled and the following to be substituted therefor:-

"41. Unless it is otherwise enacted, whenever in any Ordinance it is Powers of

provided that regulations shall be made by or made subject to the council over approval (or confirmation) of the Governor-in-Council or Legis- regulations. lative Council, or when other similar words are used, such regula- tions shall be submitted for the approval of the Governor-in- Council or the Legislative Council, as the case may be, and the approving authority shall have power to amend, or to disapprove the whole or any part of the regulations, and may, if he dis- approve them either in whole or in part, require further or other regulations to be submitted for approval. The words 'to amend' shall include the power to add to, alter, or otherwise vary."

The following was inserted as marginal note to section 46, viz., "Application of

certain previous sections

Council then resumed, sections 39, 41 and 48 of the Bill being left in Committee.

POST OFFICE AMENDMENT BILL.-The Attorney General moved that the Council resolve itself a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Post Office Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Council then went into Committee on the Bill. On Council resuming the Attorney General reported that the Bill had been approved without further amendment and moved that it be read a third time. The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

313

　　　PROBATES AMENDMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to amend the Probates Ordinance, 1897.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

STAMP AMENDMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901, and the law relat- ing to Stamps and Stamp Duty.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　STAMP DUTIES MANAGEMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to consolidate and amend the Law relating to the Manage- ment of Stamp Duties.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.--The Council then adjourned until Thursday, the 17th August, 1911.

Read and confirmed this 17th day of August, 1911.

C. CLEMENTI,

F. D. LUGARD,

Governor.

Clerk of Council,

APPOINTMENTS, &c.

No. 242. His Excellency the Governor has been pleased, under instructions from the Secretary of State for the Colonies, to appoint HUGH ADAIR NISBET to be Registrar of the Supreme Court, Registrar of Companies, Official Administrator and Official Trustec, and a Justice of the Peace, with effect from the 15th instant.

18th August, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 243. The following is published for general information.

18th August, 1911.

CUSTOMS NOTIFICATION.

WARREN BARNES,

Colonial Secretary.

Persian and Turkish Opium: Importation of, into China, prohibited

from 1st January, 1912.

　　　In accordance with instructions received through the Inspector General, notice is hereby given that the importation of Persian and Turkish and any other non-Indian foreign Opium into China has been prohibited by the Chinese Government, such prohibition to take effect on and after the 1st of January, 1912.

Offices of the Chinese Imperial Maritime Customs

for Kowloon and District, York Buildings.

HONGKONG, 16th August, 1911.

A. H. HARRIS, Commissioner of Customs.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

313

　　　PROBATES AMENDMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to amend the Probates Ordinance, 1897.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

STAMP AMENDMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to further amend the Stamp Ordinance, 1901, and the law relat- ing to Stamps and Stamp Duty.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　STAMP DUTIES MANAGEMENT BILL.-The Colonial Treasurer moved the Third reading of the Bill entitled An Ordinance to consolidate and amend the Law relating to the Manage- ment of Stamp Duties.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.--The Council then adjourned until Thursday, the 17th August, 1911.

Read and confirmed this 17th day of August, 1911.

C. CLEMENTI,

F. D. LUGARD,

Governor.

Clerk of Council,

APPOINTMENTS, &c.

18th August, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 243. The following is published for general information.

18th August, 1911.

CUSTOMS NOTIFICATION.

WARREN BARNES,

Colonial Secretary.

Persian and Turkish Opium: Importation of, into China, prohibited

from 1st January, 1912.

Offices of the Chinese Imperial Maritime Customs

for Kowloon and District, York Buildings.

HONGKONG, 16th August, 1911.

A. H. HARRIS, Commissioner of Customs.

314

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 18, 1911.

OBSERVATORY.

　　　　No. 244.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of July, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

DATE.

CLOUDI- SUN-

NESS. SHINE.

RAIN.

AT M.S.L.

Mean. Max.

Min.

Rel.

Abs.

Dir.

Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

Miles

p. h.

29.77

87.2 $1.7

79.0

0.91

9.9

E by S

8.9

.76

84.6

78.1 81.3

.87

10.4

E by S

13.2

.65

85.4

80.6

75.0

.83

0.7

1.360

ENE

33.1

.61

80.0

77.8

75.9 89

.85

100

1.590

ESE 39.7

.79

85.0

80.9

78.0

.88

8.0

0.200

SSE

24.0

.86

84.9

80.7

78.3 85

.88

8.7

0.200

S by E

10.4

.85

81.2

80.8

78.0

.89

8.5

0.010

8.0

86.5

81.1

77.9

.86

8.5

S by W

6.9

87.3 82.2

79.0

.85

10.9

SW by S

8.9

10.

88.3

$2.9 79.0

.84

118

SW by S

11.1

!],

87.9

82.9 79.6

.86

8.4

SW by S

11.8

12,

$2.5 79.6

.88

9.1

0.040

8.0

13,

88.0

82.6 78.5 81

.90

9.5

0.135

SE by S

10.8

14,

15,

16,

17,

.71

86.9

81.9 78.9

.90

8.7

0.035

7.4

.59

88.3

83.1

78.0

.87

8.1

6.7

אן..

91.2

85.4

91.5

.94

9.3

W by S

12.0

.47

96.0

85.1 82.4

.93

10.9

SW by W 17.0

.....

18,

.52

88.9

84.5 82.1 76

.90

8.5

19,

.60

83.6

80.7

77.0 87

.92

1.1

1.345

SW by S: 15.5

E by 10.8

20,

.65

83.4

79.6

77.2 89

.90

4.0

0.470

SE by E 15.0

21,

.66

83.9

80.2

77.9 87

.89

4.3

0.955

E by S 24.9

22,

.63

85.1

81.4 77.9 80

.86

7.5

0.165

E by N

26.5

23,

.60

84.9

81.9

79.3

.84

12.0

E by N

16.5

24,

.55

88.5

82.6

77.8

.84

11.7

ESE

5.2

25,

.50

89.6

83.8

78.0 78

.85

11.6

W SW

4.1

26,

.51

90.3 83.8

79.2 81

.95

8.0

0,070

NW by W

5.0

27,

.51

83.1

79.8

77.3

.86

1.440

E by S

32.9

28,

.79

86.3

82.0

79.5

.93

8.4

0.045

17.6

29,

.79

88.1

82.3

78.2 81

.89

11.3

4.8

30,

.76

88.9 83.0

79.1 80

.91

11.9

WSW

4.3

31,

.73

89.0

83.7

79.6 77

.90

11.2

W by S

4.6

Means or Total,

29.68

86.7

82.0 78.6

0.88

70 249.9

8.060

13.7

Max'm,

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR JULY :-

29.80

Mean,

29.78

Min'm,

29.65

83.6 88.7 86.5 81.8 84.2 80.1

*9.9 78.2

0.92

259.6

0.89

201.3

76.0 79

0.87

50 130.6

28.24 12.77 4.57

14.3

SE by S10,9

7.8

18th August, 1911.

F. G. FIGG,

Director.

316

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

EXECUTIVE COUNCIL.

No. 245.

Regulations made by the Governor in-Council under Section 28 of the Sale of Food and Drugs Ordinance, 1896, (Ordinance No. 8 of 1896), as amended by Section 3 of the Sale of Food and Drugs Amendment Ordinance, 1911. (Ordinance No. 20 of 1911), this 24th day of August, 1911.

Milk.

　　　　1. When a sample of milk (not being milk sold as skimmed, or separated, or condensed, milk) contains less than 3 per cent. of milk-fat, it shall raise a presumption for the purposes of the Sale of Food and Drugs Ordinance, 1896, as amended by the Sale of Food and Drugs Amendment Ordinance. 1911, until the contrary is proved, that the milk is not genuine, by reason of the abstraction therefrom of milk-fat. or the addition thereto of water.

　　　　2. When a sample of milk (not being milk sold as skimmed, or separated, or condensed, milk) contains less than 85 per cent, of milk-solids other than milk-fat, it shall raise a pre- sumption for the purposes of the Sale of Food and Drugs Ordinance, 1896, as amended by the Sale of Food and Drugs Amendment Ordinance, 1911, until the contrary is proved, that the milk is not genuine, by reason of the abstraction therefrom of milk-solids other than milk-fat, or the addition thereto of water.

Skimmed or Separated Milk.

　　　　3. When a sample of a skimmed or separated milk (not being condensed milk) contains less than 9 per cent, of milk-solids, it shall raise a presumption for the purposes of the Sale of Foods and Drugs Ordinance, 1896, as amended by the Sale of Food and Drugs Amend- ment Ordinance, 1911, until the contrary is provel, that the milk is not genuine, by reason of the abstraction therefrom of milk-solids other than milk-fat, or the addition thereto of water.

COUNCIL CHAMBER.

24th August, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 246.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 16.

THURSDAY, 17TH AUGUST, 1911.

PRESENT :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Attorney General, (CILALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. HARLES HENDERSO. Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

316

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

EXECUTIVE COUNCIL.

No. 245.

Milk.

Skimmed or Separated Milk.

COUNCIL CHAMBER.

24th August, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 246.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 16.

THURSDAY, 17TH AUGUST, 1911.

PRESENT :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Attorney General, (CILALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. HARLES HENDERSO. Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

317

The Minutes of the last Meeting, held on the 10th August, 1911, were read and confirmed.

FINANCIAL MINUTES.--The Colonial Secretary laid on the table Financial Minutes Nos. 52 and 53, and moved that they be referred to the Finance Committee :

No. 52.-Public Works, Recurrent, Maintenance of Roads and

Bridges in City,

No. 53.-Sanitary Department, Additional Lighter and Repairs

to same,

The Colonial Treasurer seconded.

Question-put and agreed to.

.$15,000.

3,800.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 10th August, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

PAPERS.--The Colonial Secretary laid on the table the following paper:-

Report on the Blue Book for the year 1910.

QUESTIONS.-Mr. POLLOCK, pursuant to notice, asked the following questions:--

1. Will the Government lay upon the table a printed paper containing a progres

Diagram, showing the work done on the Typhoon Refuge up to the 30th June, 1911, and will the Government thereafter lay upon the table a similar paper showing the progress made during each successive period of six months? 2. Will the Government explain why the work on the Tsim Sha Tsui Market is

proceeding so slowly? When will the Market be ready for use?

3. What information can the Government give to the Council with reference to the prospects of the erection of a Wireless Telegraph Station on an Island of the Pratas Group!

4. What information can the Government give to the Council with reference to the prospects of a Wireless Telegraph Station being established in this Colony? Has the Government of this Colony or have the Home Authorities on behalf of the Goreanment of this Colony entered into any and what engagements with any and what authority, corporation, company or firm with reference to the erection of such station?

　　　The Colonial Secretary replied to Questions Nos. 1 and 3 and His Excellency the Governor addressed the Council with reference to Question No. 4. Question No. 2 was postponed.

CODE OF CIVIL PROCEDURE AMENDMENT BILL. The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Code of Civil Procedure.

time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

The Attorney General addressed the Council and moved that the Bill be read a second

The Colonial Secretary seconded, motion agreed to, and Bill read a second time. Council then went into Committee on the Bill.

On the motion of the Attorney General the following amendments were agreed to. The following section was inserted after section 1 and numbered section 2:-

section 2.

2. In section 2 after the definition of This Code" there shall be inserted Ordinance

the following definition :-

No. 3 of 1901. The Hongkong Code means the Code of Civil Procedure Amends

established by Ordinance No. 13 of 1873, and repealed by Ordinance No. 6 of 1901 (both as numbered before the coming into force of Ordinance No. 12 of 1900): and the expression shall have the same meaning when used in any other Ordinance.

318

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Sections 2, 3 and 4 were renumbered 3, 4 and 5, and in the last mentioned section' the words "by or under any" were inserted after the word "or" in the fourth line and the words "officer or its principal" were inserted after the word "principal" in the same line.

The following section was inserted and numbered section 6 :-

6. In section 37 the first two lines thereof shall be deleted and there shall be substituted therefor the words When the action or other proceeding is against any corporation or company which does not fall within the provisions of the last preceding section, but which has an office and carries on business in ".

　　　　Sections 5, 5 and 7 were renumbered 7, 8 and 9 and the words "the following in the third line were deleted and the words "in all other" were substituted therefor, and the words "as amended by subsequent Ordinances were added at the end thereof.

Sections 8, 9 and 10 were renumbered 10, 11 and 12.

Section 11 was cancelled.

Sections 12, 13, 14, 15, 16 and 17 were renumbered 13, 14, 15, 16, 17 and 18.

The following section was inserted and numbered 19, section 18 being incorporated as sub-section (2) :-

19.-(1.) In section 478 the words with the consent in writing of Amends

of. the Governor." shall be deleted.

(2.) In section 479, after the word "service" there shall be inserted the

words" of a sealed copy".

(3.) Sub-section (1) of section 480 shall be amended by the insertion after the word Governor " of the words whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat."

sections 478. 479, and 480.

　　　Sections 19, 20, 21, 22, 23, 24, 25 and 26 were renumbered 20, 21, 22, 23, 24, 25, 26 and 27.

The preamble after section 26 was cancelled.

Section 27 was renumbered 28 and the following was inserted as sub-section (2) :-

(2.) The first line of sub-section (!) of section 42 shall be amended by the insertion of the words "of a writ of summons or notice of a writ of summons" after the word "jurisdiction".

　　　Sub-section (2) was renumbered (3) and the words "served upon ", "served" and "serving" were substituted for the words "given to", "given" and "giving" respectively in the fifth, eighth, and fifteenth lines respectively.

Sub-sections (3) and (4) were renumbered (4) and (5) and sub-section (5) was

cancelled.

were

　　　　Section 28 was renumbered 29 and the words "and notices of writs of summons inserted after the word "summons" in sub-section (6), the word "giving" in the fifth line of sub-section (7) was deleted and the words "service of" were substituted therefor, the words for transmission to the Secretary of State" in the fourth line of sub-section (8) (i) were deleted, the word "further" in the ninth line was deleted and the words "through the proper channels," were inserted after the word "same" in the same line, in sub-section (8) (iii) the words "served or to have been" were inserted after the word "personally in the seventh line, in sub-section (8) (iv) the word "the" in the second last line was deleted, and in sub-section (8) (v) the words "with such variations as circumstances may require were added at the end.

Section 29 was renumbered 30.

Council then resumed, the Bill being left in Committee.

　　　PROTECTION OF WOMEN AND GIRLS AMENDMENT BILL.-The Registrar General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the Protection of Women and Girls Ordinance, 1897.

The Attorney General addressed the Council and seconded. Question-put and agreed to.

Bill read a second time.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911. 319

Council then went into Committee on the Bill. On Council resuming the Attorney General reported the Bill without amendment and moved that it be read a third time. The Colonial Secretary seconded, motion agreed to, BIll read a third time and passed.

　　　ARMS AND AMMUNITION AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a second time.

Council then went into Committee on the Bill.

On the motion of the Attorney General it was agreed that the definition of Exempted person" in sub-section (2) of section 2 be amended by the addition of the words "in the Army and Navy" after the words "commissioned officers in the first line, by the deletion of the words "Naval, Military," in the second line, and by the deletion of the words from "or other person exempted" to the end of the sub-section and the substitution therefor of the words "barrister, solicitor, medical practitioner, clergyman of the Church of England, Roman Catholic priest or any minister of any congregation of Protestant dissenters or of Jews".

Council then resumed, the Bill being left in Committee.

TUNG WA HOSPITAL EXTENSION BILL.--The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance for the Establishment of a Hospital for the care and treatment of Chinese patients in the Kowloon Peninsula.

The Colonial Secretary seconded.

Question---put and agreed to.

Bill read a second time.

CROWN SOLICITORS BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to enable Joseph Horsford Kemp Esquire, Barrister-at-law, to practise as Crown Solicitor in the Court and to provide for the payment of solicitors' costs in cases in which a salaried Crown Solicitor or Assistant Crown Solicitor acts as solicitor.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

CROWN LANDS RESUMPTION AMENDMENT BILL.The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to further amend the Crown Lands Resumption Ordinance, 1900, be resumed.

The Colonial Secretary seconded, and motion was agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

san

INTERPRETATION BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordinances, be resumed.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

The following amendments, proposed by the Attorney General, were agreed to :-

　　　In the definition of Board of Trade" in section 39 A the words the Lords aud others of in the first line were deleted.

320

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

In section 39B:-

In the definition of "The Colony" the word "the

　　　　　　　　　　　　　　　　　　　　　　　　　　　　the" in the third line was deleted and the word "their" substituted therefor, and the word "thereof " in the third line and the words" and Kellet Island" in the fourth line were deleted.

　　　　In the definition of Kowloon" the words "in the Province of Kwang-tung in the Empire of China" in the second and third lines were deleted, and the words "Great Britain by the Emperor of China" were substituted for all the words from Her Majesty

Peking" inclusive.

In the definition of The New Territories" the words "acquired by this Colony" in the second line were deleted and the words leased to Great Britain by the Emperor of China were substituted toerefor, and all the words from the words "between Her" to the end were deleted.

In the definition of "City of Victoria" the words and brackets"(that is to say, a level which shall hereafter be notified in the Gazette)" were inserted after the words "Ordnance datum" in the fourth paragraph.

In the definition of "The Waters of the Colony" the words "following boundaries" in the third line were deleted and the words "area bounded as follows" were substibuted there- for, the word "by" was inserted after the word "South" in the first line of the second paragraph, the words "by a line drawn" were inserted after the word "North" in the first line of the third paragraph, and the words "Thereafter the land boundary is" in the ninth line of the same paragraph were deleted and the words "Thence by a line drawn" were substibuted therefor, and the word "by" was inserted after the words "East" and "West " in the first line of the fourth and fifth paragraphs respectively.

In the definition of "Harbour" the second paragraph was cancelled and the following substibuted therefor :-

"on the Fast.-A line drawn from a pillar to be marked Harbour Limits at North Point on the island of Hongkong to the most easterly point of Kowloon Pier."

and the word "Master's" in the second last line of the same definition was deleted and the word "Department" substibuted therefor.

In the definition of "Publice Officer" the words "any appointment" were inserted between the words "holding" and "or" in the second line, the words "or appointment in the Civil Service of the Colony, and includes every member" were deleted and the words "the emoluments of which are wholly or in part directly derived from the Revenues of the Colony, and includes members of the Executive and Legislative Councils, members of the Sanitary Board, Justices of the Peace, members" were substituted therefor, and the following words were addled at the end thereof :-"and also Commissioners and persons acting under Ordinance No. 13 of 1886 and persons acting under Ordinance No. 6 of 1893".

The definition of "Emigration Officer" was cancelled.

Section 41 as substituted at the Meeting of the 10th August, 1911, was cancelled and the old section 41 of the Bill as printed on page 458 of the Supplement to the Gazette was restored.

Sub-section (6) of section 48 was cancelled and section (7) was renumbered (6).

On Council resuming the Attorney General reported that the Bill had passed through Committee with considerable amendments. The third reading was therefore postponed until in order to enable the Bill to be re-published in the Gazette for general

the next Mec information.

ADJOURNMENT.-The Council then adjourned until Thursday, the 24th August, 1911.

Head and confirmed this 24th day of August, 1911.

C. CLEMENTI,

F. D. LUGARD,

Governor.

Clerk of ouncils.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

321

No. 247.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances:-

Ordinance No. 19 of 1911, entitled-An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

Ordinance No. 21 of 1911. entitled-An Ordinance to amend the Trade Marks

Ordinance, 1909.

COUNCIL CHAMBER,

24th August, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 248.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :---

Ordinance No. 28 of 1911.-An Ordinance to further amend the Crown Lands

Resumption Ordinance, 1900.

Ordinance No. 29 of 1911.--An Ordinance to further amend the Prison Ordinance,

1899.

Ordinance No. 30 of 1911.-An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

Ordinance No. 31 of 1911. -An Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordinances.

Ordinance No. 32 of 1911.-An Ordinance to amend the Post Office Ordinance.

1900, and the Laws relating to the Post Office.

Ordinance No. 33 of 1911.-An Ordinance to amend the Probates Ordinance,

1897.

Ordinance No. 34 of 1911.-An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

Ordinance No. 35 of 1911.--An Ordinance to consolidate and amend the Law

relating to the Management of Stamp Duties.

Ordinance No. 36 of 1911.- An Ordinance to amend the Code of Civil Procedure. Ordinance No. 37 of 1911.-An Ordinance to further amend the Protection of

Women and Girls Ordinance, 1897.

Ordinance No. 38 of 1911.--An Ordinance for the Establishment of a Hospital for the care and treatment of Chinese patients in the Kowloon Peninsula.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

321

No. 247.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances:-

Ordinance No. 19 of 1911, entitled-An Ordinance to authorise the publication of a Newly Revised Edition of the Statute Laws of the Colony.

Ordinance No. 21 of 1911. entitled-An Ordinance to amend the Trade Marks

Ordinance, 1909.

COUNCIL CHAMBER,

24th August, 1911.

C. CLEMENTI,

Clerk of Councils.

No. 248.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :---

Ordinance No. 28 of 1911.-An Ordinance to further amend the Crown Lands

Resumption Ordinance, 1900.

Ordinance No. 29 of 1911.--An Ordinance to further amend the Prison Ordinance,

1899.

Ordinance No. 30 of 1911.-An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

Ordinance No. 31 of 1911. -An Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordinances.

Ordinance No. 32 of 1911.-An Ordinance to amend the Post Office Ordinance.

1900, and the Laws relating to the Post Office.

Ordinance No. 33 of 1911.-An Ordinance to amend the Probates Ordinance,

1897.

Ordinance No. 34 of 1911.-An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

Ordinance No. 35 of 1911.--An Ordinance to consolidate and amend the Law

relating to the Management of Stamp Duties.

Ordinance No. 36 of 1911.- An Ordinance to amend the Code of Civil Procedure. Ordinance No. 37 of 1911.-An Ordinance to further amend the Protection of

Women and Girls Ordinance, 1897.

Ordinance No. 38 of 1911.--An Ordinance for the Establishment of a Hospital for the care and treatment of Chinese patients in the Kowloon Peninsula.

322

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG.

No. 28 or 1911.

An Ordinance to further amend the Crown

Lands Resumption Ordinance, 1900.

F. D. LUGARD,

Governor.

[25th August, 1911.]

Short title.

Repeals

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the "Crown Lands Resumption Amendment Ordinance, 1911".

2. Sub-section (4) of section 4 of the Crown Lands Re- section 4 (4) sumption Ordinance, 1900, is hereby repealed.

of Ordinance

No. 10 of 1900.

Amends

section 5 of Ordinance No. 10 of 1900,

Amends section 8 of Ordinance No. 10 of 1900 as

3. Section 5 of the Crown Lands Resumption Ordinance, 1900, is hereby amended by being made sub-section (1) of section 5 of the said Ordinance and there shall be added thereto the following sub-scetions:-

"(2.) The Governor may appoint some person to

act as clerk to a Board.

(3.) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and such rate shall be determined in each case by the Chairman of the Board in his discretion at the conclusion of the arbitration; provided that nothing in this sub-section shall be deemed to authorise the payment or receipt of remuneration in the case of a public servant who is not permitted to receive remuneration for acting as a member of a Board.

(4.) The Governor-in-Commeil shall determine the

remuneration of the clerk to a Board."

4. The Crown Lands Resumption Ordinance, 1900, as amended by the Crown Lands Resumption Amendment Ordinance, 1910, is hereby further amended by the repeal of sub-section (2) of section 8 thereof and by the sub- amended by stitution therefor of the following sub-section :

Ordinance

No. 18 of 1910.

Amends

"(2.) to award costs, including remuneration to the members of the Board and to the clerk to the Board (not exceeding the amounts determined as aforesaid) in its discretion, either for or against the Crown or for or against any parties claiming compensation, such costs, if desired by the Crown or any party, to be taxed by the Registrar of the Supreme Court."

5. Section 14 of the Crown Lands Resumption Ordin- section 14 of auce, 1900, is hereby amended by the deletion of the words dollars per cent. and by the substitution of the words "eight dollars per cent ".

Ordinance

No. 10 of

1900.

Amends

Ordinance

No. 10 of 1900 as amended by Ordinance No. 18 of

1910.

seven

6. Whenever the Crown Lands Resumption Ordinance, 1900, hereinafter calle: Ordinance No. 10 of 1900, is printed or read or construed with the Crown Lands Re- sumption Amendment Ordinance, 1910, hereinafter called Ordinance No. 18 of 1910, incorporated, the following pro- visions shall apply

(a.) Sections 2, 3, 4 and 5 of Ordinance No, 18 of 1910 shall be introduced after section 4 of Ordinance No 10 of 1900 as section 5, of which the afore-

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

in section 2 of Ordinance No. 18 of 1910 the words "instead of in the manner prescribed by sections 3 and 4" shall be inserted after the words "in the manner following" and the words "and thereupon the provisions of sections 3, 4 and 5 of this Ordinance shall apply in lieu of sections 3, 4 and 5 of the Principal Ordinance shall be omitted.

(b.) Section 5 of Ordinance No. 10 of 1900 shall be

renumbered section 6.

(e.) After the section so renumbered section 6 of Ordinance No. 10 of 1990, section 6 of Ordin- ance No. 18 of 1910 shall be introduced as section 7 but the words "whether under the Principal Ordinance or this Ordinance" shall be omitted.

(4.) Sections 6, 7, 8, 9, 10, 11, 12, 13 and 14 of Ordinance No. 10 of 1900 shall be renumbered sections 8, 9, 10, 11, 12, 13, 14, 15 and 16 respectively.

(c.) Section 7 of Ordinance No. 18 of 1910 shall be introduced into Ordinance No. 10 of 1900 and shall be renumbered section 17, but the words "under the provisions of the Principal Ordin- ance or of this Ordinance" shall be omitted. (f) Sections 15, 16, 17 and 18 of Ordinance No. 10 of 1900 shall be renumbered sections 18, 19, 20 and 21 respectively.

(9.) The remainder of Ordinance No. 18 of 1910

shall be omitted.

(4.) In section 5 so renumbered section 6, in the first line of suction 8 so renumbered section 10, in sub-section (3) of section 10 so renumbered section 12, in sub-section (1) of section 11 so renumbered section 13, and in the first line of section 12 so renumbered section 14 the words "the Board' shall be deleted and the words "any Board" shall be substituted therefor, (2.) In sub-sections (1) and (2) of section 9 so re- numbered section 11, in sub-section (1) of section 10 so renumbered section 12, and in sub-section (3) of section 11 so renumbered section 13 the words the Board" shall be deleted and the words a Board" shall be sub- stituted therefor.

(j.) In section 17 so renumbered section 20 the words "The Board" shall be deleted and the words "Any Board of Arbitrators" shall be substituted therefor.

(k.) In sub-section (1) (6) of section 9 so remum- bered section 1 of Ordinance No. 10 of 1900 the words "or after the notice by the C Jonial Secretary under section 5, as the case may be," shall be inserted after the words " notice of in- tended resumption ".

(7.) In section 12 so renumbered section 14 of Or- dinance No. 10 of 1900 the words "Governor or owner" shall be deleted in the two places where the said words occur and there shall be inserted in substitution in each of the said places the words "Governor, owner or Chair- man".

Passed the Legislative Council of Hongkong, this 24th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 25th

day of August, 1911,

WARREN BARNES,

Colonial Secretary.

323

324

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Short title.

Amends Ordinance No. 4 of 1899.

HONGKONG.

No. 29 of 1911.

An Ordinance to further amend the Prison Or-

dinance, 1899.

F. D. LUGARD,

Governor.

[24th August, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Prison Amend- ment Ordinance, 1911,

2. The Prison Ordinance, 1899, as amended by the Prison Amendment Ordinance, 1909, is hereby further amended as follows:-

4.) in section 6 (1) thereof by the deletion of the words "a prisoner shall be deemed to be in legal enstody " and by the substitution therefor of the words " a person shall be deemed to be a prisoner and in legal custody";

(b.) in section 6 (1) thereof by the insertion after the words "lawfully confined," of the words

whether under criminal or civil process," ;

(c.) in section 11 (1) and also in section 11 (2) thereof by the insertion in each case after the word prison" of the words "or from legal enstody".

Passed the Legislative Commeil of Hongkong, this 10th day of August, 1911.

Short title.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th day of August, 1911.

WARREN BARNES,

Colonial Secretary.

HONGKONG.

No. 30 OF 1911.

An Ordinance to abolish Minimum Penalties, and to bring the Law of the Colony as to Penalties into uniformity with the Law of England, and for other purposes.

F. D. LUGARD,

Governor,

[24th August, 1911.]

WHEREAS it is expedient for the better administration of justice to abolish minimum penalties, and so to bring the law of the Colony as to penalties into uniformity with the law of England :

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Amendment Ordinance, 1911 ".

"Penalties

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

2.-(1.) Subject to the provisions of section 8, in any Abolition of enactment now in force which provides for the imposition minimum by any Court of minimum penalties, whether of imprison- penalties. ment or of a fine, the provisions relating to such minimum penalties are repealed.

(2.) In any enactment now in force which provides for the imposition by any Court of the penalty of imprisonment with hard labour, the words "with hard labour are repealed;

and where the penalty provided is imprisonment with or without hard labour, the words "with or without hard labour are repealed.

(3.) Unless any enactment now in force, as printed in the New Revised Edition of the Laws of Hongkong, presently to be published, otherwise provides, where a Court is empowered or required to impose a sentence of imprisonment for life or for a period not execeding a specified term, or of a fine, the Court may, after conviction. of any person of an offence, award a sentence less than for life or for the specified term, or less than the fine specified, in the enactment.

3. Where under any enactment now in force, or under Where impri- any future enactment, a Court shall sentence a person con- sonment victed of an offence for which the penalty of imprisonment imposed it is provided, the Court may, unless the enactment as printed may be with

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　or without in the New Edition of the Revised Laws of Hongkong, hard labour. presently to be published, provides that the imprisonment shall be without hard labour, inflict imprisonment with or without hard labour.

Provided always, that where under this or the preceding section, a sentence of imprisonment is imposed for more than two years, it shall always be with hard labour; and provided further, that where any person is sentenced to im- prisonment under any existing enactment for not finding sureties, such imprisonment shall be without hard labour.

This section shall not apply to commitments of any per- son to prison by a Magistrate under the following sections of the Magistrates Ordinance No. 3 of 1890:--Sections 14 (2), 18 (2), 25 (4), 64 (3), 70 (1), and 75 (3).

legislation repealed.

4. Wherever in any enactment now in force there is Alternative provided in addition to the penalty of imprisonment for life penalties in or for a term of years an alternative penalty of "imprison- existing ment (for any term) with or without hard labour", either with or without the further alternative" with or without solitary confinement ", both or either of such alternative penalties, as the case may be, are and is repealed; and where either of the aforesaid alternative penalties is provided as alternative to any other penalty, it is repealed; and where the aforesaid alternative as to solitary confinement is provided as an alternative to a penalty of imprisonment, whether with or without hard labour, it is repealed. Provided that nothing in this section shall affect the provisions of section 80 (2) of the Magistrates Ordinance, No. 3 of 1890.

. In all enactments now in force the words "at or"in Repeal of the discretion of the Court ", and the words "on conviction words of thereof " when used in relation to an indictment, or other discretion, words of like meaning, wherever they occur respectively in relation to the imposition of penalies after conviction of any person of an offence, are repealed.

6. In all editions of the Laws of Hongkong hereafter to Authority to be printed the provisions which are repealed by this Or- incorporate dinatee shall be omitted: and the sections so affected repeals in are hereby authorised to be printed as so amended, and new editions shall be construed and enforced accordingly.

*. In order to bring other forms of penalties not included in the foregoing sections into harmony with the principles laid down therein, it is hereby further enacted as follows :---

(1.) In the sections of the Ordinances mentioned in Part I of the schedule, in lien of the words "for the term of " there shall be read " for any term not exceeding ".

(2.) In the sections of the Ordinances mentioned in Part I of the schedule, after the word "imprisonment " there shall be inserted the words "without hard labour ".

of the Laws,

Repeals and amendments

in Ordin- ances in schedule.

325

326

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Saving of minimum

8. Nothing in this Ordinance contained shall be con- strued as giving to a Court the power of inflicting a penalties in punishment less than the minimum punishment, if any,

certain Ordinances.

Provisions as to hard labour.

Provisions as to fines and forfei-

tures.

Alternative

and cumu- lative penalties,

how dis- tinguished.

provided for offences against any revenue, customs or quarantine law now in force or hereafter to be enacted ; nor against any statute or Ordinance relating to any of His Majesty's regular or auxiliary forces, or which carries into effect any treaty by which a minimum penalty is stipulated or the offence in question.

AND WHEREAS the language now used in the laws of the Colony in regard to other matters relating to the im- position of penalties, and to the jurisdiction of Magistrates, is cumbersome and out of date, and it is expedient both to simplify the language and to introduce uniformity in the enactments in which such matters are dealt with, Be it further enacted as follows:-

9.--(1.) Whenever in any enactment now in force pro- visions occur to the effect that if a person is convicted of an offence before a Magistrate he "shall be committed to the common gaol, there to be imprisoned or to be imprisoned and kept to hard labour" for any term, or other like words are used which have a similar meaning, such person shall be liable to imprisonment, with or without hard labour, as the case may be, for any period not exceeding the term specified.

(2.) In all editions of the Laws of Hongkong hereafter to be printed there shall be substituted for such provisions words indicating that the person shall, on such conviction before a Magistrate, be liable to imprisonment for any period not exceeding the term specified."

(3.) The enactments mentioned in Pari III of the sche- dule are hereby declared to be amended accordingly, and the sections in which such provisions occur shall be construed and enforced accordingly.

10.-(1.) Whenever in any enactment now in force pro- visions occur to the effect that if a person is convicted of an offence before a Magistrate he shall be

liable to pay ", or shall "forfeit and pay ", a sum of money, or such sump of money not exceeding a specified sum as to the Magistrate may seem meet ", or other like words are used which have a similar meaning, they shall be held to be the equivalent of the following provision

such person "shall on trate" (or "shall

conviction before a Magis- on summary conviction ") "be liable to a fine not exceeding the amount so specified;

and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed.

:ཡ

(2.) Whenever in any enactment now in force similar provisions occur, but it is further provided that the liabi- lity to pay, or to forfeit and pay, a sum of money as afore- said is over and above a liability to pay the value, or such sum as the Magistrate may estimate as the value, of any animal or thing, the subject of the offence, they shall be held to be the equivalent of the following provision :-

such person shall be liable to pay, over and above the value of such animal," or "of such thing," as the case may be "a fine not exceeding the amount specified in the provision ; and such provision shall be substituted accordingly in all editions of the Laws of Hongkong hereafter to be printed.

(3.) The enactments mentioned in Part IV of the schedule are hereby declared to be amended accordingly, and the sections in which such provisions respectively occur shall be construed and enforced accordingly.

11.-(1.) Whenever in any enactment now in force or in any future enactment, several penalties are provided for one offence, the use of the word "or" in relation to such penal- ties shall signify that they are to be inflicted alternatively; the use of the word "and shall signify that the penalties may be inflicted alternatively or cumulatively; and

the use of the words "together with" or "in addition to", or other expressions which convey the same meaning, shall signify that the penalties are to be inflicted cumulatively.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

(2.) The enactments mentioned in Part V of the sebe- dule are hereby declared to be amended to the extent indi- cated in the said Part; and in all editions of the Laws of Hongkong hereafter to be printed, the said enactments are hereby authorised to be printed us so amended, and shall be construed and enforced accordingly.

12. In this Ordinance the word "term" when used in Definition of relation to a period of imprisonment includes, unless the "term". contrary intention is indicated, imprisonment for a period not exceeding a specified terms.

13. The following enactments, being rendered unneces. sary by the provisions of this Ordinance, are hereby re- pealed:-

Repeal of

enactments rendered un- necessary

Ordinance No. 3 of 1887,--the Transportation and by this Or-

Penal Servitude Abolition Ordinance, 1887.

In Ordinance No. 2 of 1865, sections 59 and 60. No. 4 of 1865, sections 51 and 52.

No. 5 of 1865, sections 99 and 100. No. 6 of 1865, sections 39 and 60. No. 7 of 1865, sectious 30 and 31.

dinance.

sentences

14. This Ordinance shall apply to penalties imposed on Ordinance a summary conviction by a Magistrate, or by two Magis- to apply to trates, or by the Marine Magistrate; and consequence, imposed by the following provisions of the Magistrates Ordinance, Magistrate. 1890, are repealed :-sections, 3, 4, 33 (1), and 33 (3).

Ordinance.

15.--This Ordinance shall come in force by proclamation Coming of the Governor, which shall not be issued until after the into force of Legislative Council has authorised the use of the New Edition of the Laws of Hongkong now in course of pre- paration.

Passed the Legislative Council of Hongkong, this 10th day of August, 1911.

327

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 24th day of August, 1911.

WARREN BARNES,

Colonial Secretary,

SCHEDULE.

PART I.

Sections of Ordinances in which, in virtue of section 7 (1), in lieu of the words "for the term of" there are to be read the words "for any term not exceeding

Ordinance No. 2 of 1865, sectious 19, 23, 25, 26,

30 (1), 42, and 48.

No. 4 of 1865, section 33.

No. 5 of 1865, sections 5, 10, 19, 21, 30,

33, 46, 75, and 77.

No. 6 of 1865, sections 19, 20, and 22 (2). No. 7 of 1865, section 10.

PART II.

Sections of Ordinances in which, in virtue of section 7 (2), after the word "imprisonment" there are to be in- serted the words "without hard tabour".

Ordinance No. 1 of 1845, sections 19, 20, 21, 22,

and 23.

No. 7 of 1865, section 19, in relation to

first offence,

No. 1 of 1867, section 4 (2).

No. 2 of 1869, section 6.

No. 3 of 1873, section 30.

328

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Ordinance No. 7 of 1875, section 29.

No. 4 of 1886, sections 4 and 18. No. 3 of 1888, section 31 (2). No. 3 of 1890, s. 49 (2) (as amended by No. 1 of 1909, s. 3), section 50 (2), and rule 15 of the second schedule.

No. 2 of 1891, section 9.

No. 7.of 1891, section 82 (4).

No. 4 of 1893, section 27.

No. 4 of 1895, section 4.

No. 2 of 1897, section 15.

No. 10 of 1899, sections 5 (8) and 36

(14).

No. 10 of 1900, section 10 (2).

PART III.

Sections of Ordinances in which, in virtue of section 9, the term of imprisonment is substi uted for references to committal " to the common gaol, etc."

Ordinance No. 5 of 1865, sections 12 (1), 15

་་

24 (2), 25 (2), 27 (1) 28 (1),

28 (2), 52, and 53 (2).

No. 6 of 1865, sections 21 (1), 21 (2), 22 (1), 23 (1), 23 (2), 24 (2), 28, 29, 32 (1), 43 (1).

PART IV,

Sections of Ordinances in which, in virtue of section. 10 (1) and 10 (2) the expression tiable to a fine" is substituted for the expression " forfeit and pay a sum of money.

Ordinance No. 5 of 1865, sections 12 (1), 13 (1), 17, 24 (1), 25 (1), 26, 27 (1),

28 (1), 52, 53 (2).

No. 6 of 1865, sections 21 (1), 22 (1),

23 (1), 24 (V), 28, 29, 32 (1),

43 (1).

No. 1 of 1875, vection 4.

PART V.

Sections of Ordinances in which the following amend- ments are made, in virtue of section 11, in order to make the words used in regard to the imposition of alternative or cumulative penulties uniform :-

Ordinance No. 2 of 1865, in section 7, for the

words or to pay

there shall

be read "and to pay ", and the words from "in addition to" to the end are repealed.

Ordinance No. 2 of 1870, in sections 2 and 5

(2), for the words

with or

without" there shall be read

"and to".

Ordinance No. 1 of 1874, in section 6, for the

words "

or to a fine to there shall be read and to a fine of, and the words "or to both are repealed.

Ordinance No. 6 of 1885, in section 3 (3) for the words "with or without imprisonment with hard la-

bour there shall be read

and to imprisonment ".

Ordinance No. 10 of 1886, in sections 4, 5. 9 (3), and 12, for the words "or to imprisonment" there shall be read and to imprison- ment" and the words "or to both" are repealed.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Ordinance No. 1 of 1887, in section 6, for the

words "and to pay there shall be read "and in addition

to pay

and in section 7, for the words from or fine or both end, there shall be read "for

to the

any term not exceeding one year and to such fine as the Court may award".

Ordinance No. 1 of 1889, in section 9 the words "either in addition to or in substitution for such imprisonment" are repealed: in section 65. for "or to imprisonment there shall be read "and to imprisonment and the words "or to both" are repealed ;

in section 78 (1) and (2), for the words "or imprisonment * there shall be read "and im- prisonment", and the words

or either of such punish- ments in the discretion of the Court" are repealed ;

in section 83, for the words

and to a penalty

there

shall be read or to a fine", and the words "or to either of such punishments in the discretion of the Court are repealed;

and in section 87, the words "either or in addition or in substitution for such impri- sonment" are repealed.

Ordinance No. 4 of 1890, in section 3 (3) (4), for the words "or to a fine, or to both imprisonment and fine" there shall be read and to a fine not exceeding 2,000 dollars".

Ordinance No. 2 of 1891, in section 6, for the words "be liable to a penalty, or to imprisonment, with or without hard labour, or to both Provided that such penalty shall in no case ex- ceed the sum of 1,000 dollars, and that there shall be read →he liable to a fine not ex- ceeding 1,000 dollars and im- prisonment; provided that".

Ordinance No. 4 of 1893, in section 27 for the words "or to imprison- ment there shall be read "and to imprisonment ", and the words "or to both" aure repealed.

Ordinance No. 2 of 1897, in section 15. for

the words or to imprison- ment" there shall be read and to imprisonment ", and the words or to both such penalty and imprisonment " are repealed.

Ordinance No. 4 of 1897, in section 12 for

the words "or to imprison- ment" there shall be read and to imprisonment" and the words or to both" are repealed;

in section 13, as amended by Ordinance No. 11 of 1904.

329

330

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

for the words "or to impri- soument" three times there shall be read "and to impri- somment". and the words from Provided always to "think fit" are repealed : and in section 47 (3), for the words "or to imprisonment there shall be read "and to imprisonment ", and the words "or to both penalty and imprisonment are re- pealed.

Ordinance No. 1 of 1898, in sections 3, 4, 5,

6 (1), and 6 (2), for the words

"or to a fine" there shall be read and to a fine ", and the

words or to both are re-

pealed.

Ordinance No. 4 of 1899, in section 12. for

the words or to imprison- ment there shall be read "and to imprisonment ", and the words " or to both in the discretion of the Court are repealed.

Ordinance No. 10 of 1899, in section 23 (2), for the words "or to im- prisonment there shall be read "and to imprisonment". and the words "or, at the discretion of the Stipendiary. Magistrate, to both penalty and imprisonment are Te- pealed.

Ordinance No. 7 of 1903, (as amended by Or- dinance No. 42 of 1909), in

section 5, for the words

** or

to a fine" there shall be read

"and toa fine", and the words

or both are repealed.

Ordinance No. 3 of 1904, in section 6, for the

words "by fine or imprison- ment there shall be read → by fine and imprisonment", and the words "or both "are repealed.

Ordinance No. 11 of 1907, in section 30. for

the words or to a fine ' there shall be read "and to a fine", and the words "or to both are repealed.

Ordinance No. 15 of 1907, in section 2, for

the words or to a fine there shall be read "and to a

fine and the words " or to both are repealed.

Ordinance No. 21 of 1909, in sections 42. 58

and 59, for the words "or to there shall be read "and to", and the words "er to both are repealed.

Ordinance No. 9 of 1911, in section 89, for

the words or imprison- ment there shall be read

and imprisonment", and the words " or to both fine and imprisonment. pealed.

are re-

Ordinance No. 16 of 1911, in sections 3 (2)

and 5, for the words "6 or imprisonment" there shall be read "and imprisonment", and the words " or to both are repealed.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG.

No. 31 OF 1911.

An Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordinances.

F. D. LUGARD,

Governor.

[25th August, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Interpretation Short title.

Ordinance, 1911 *.

2. This Ordinance shall apply to the Colony of Hong- Application kong and its dependencies, including the New Territories, of the Or- unless it is otherwise expressed.

PART I.

Of Ordinances Generally.

dinance.

3. All Ordinances now in force or hereafter to be passed Application shall, except as provided by section 4 of Ordinance No. 34 of subse- of 1910, extend to the New Territories unless it other- quent wise appear from express provision or by necessary im- plication.

Ordinances.

4. The provisions of this Ordinance shall apply

Application

(a.) to this Ordinance and to all Ordinances here- of provisions

after to be passed, unless the contrary inten- of Ordin-

ance.

tion appear:

(b.) to Ordinances now in force unless otherwise

expressly herein provided.

5.--(1.) Every Ordinance shall, unless otherwise pro- Commence- vided therein, come into operation on the day of its publi- cation in the Gazette..

ment of

Ordinances and Acts of

(2.) Statutes of the Imperial Parliament extending Parliament to the Colony, which require any act to be done in in the the Colony, or forbid the commission of any act in the Colony, Colony, or impose any duty on or create any right in any person in the Colony, and which do not contain any ex- press provision for bringing them into operation in the Colony, shall come into operation on the day of a notifica- tion by the Governor to that effect in the Gazette.

6. This Ordinance shall come into operation by pro Commence- clamation of the Governor, which shall not be issued until ment of this after the Legislative Council has authorised the use of the Ordinance. New Edition of the Laws of Hongkong now in course of. preparation.

commencement

when used with re- Definition of

7. The word " ference to any enactment, shall mean the day on which the "Commence- enactment comes into operation.

ment ".

8. Where any enactment, or any proclamation, notice, Time of order, warrant, scheme, or letters patent, made, granted, or commence- issued, under a power conferred by any enactment, or by ment. any competent authority, is expressed to come into opera- tion on a particular day, the same shall be construed as coming into operation on the expiration of the previous day.

9. Where the operation of any Ordinance is suspended Exercise of and confers power to make any appointment, to make, grant, statutory or issue any instrument, to give notice, to prescribe forms, powers or to do any other thing for the purpose of bringing the between Ordinance into operation, that power may be exercised passing an before the Ordinanco comes into operation.

commence- ment of Ordinance,

331

332

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Citation of 10.-(1.) In all Ordinances there shall be

a short Ordinances. title, and in all references to Ordinances in any enactment or in any legal document it shall be sufficient, but not essential, to mention the short title thereto, together with the number of the section referred to.

Effect of repeal on existing proclama- tions and regulations.

Effect of repeal generally.

(2.) Where however the short title is not used, it shall be lawful to indicate any Ordinance referred to as aforesaid by the serial number of the year in which it was passed, together with such year, and the number of the section referred to, as the same appear in the copy deposited in the Registry of the Supreme Court.

(3.) In the case of Ordinances included in Sir John Currington's "Revised Edition" of the Laws of Hongkong the numbers both of the year and the section shall be those given to them respectively in the said Revised Edition in "New Edition" of so far as they are perpetuated in the such "Revised Laws" presently to be published, but the reference shall be taken to be to the " New Edition".

(4.) Where such reference includes the description or citation of a pertion of another Ordinance it shall, unless the contrary intention appear, be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

(5.) Where the reference to any Ordinance is to any "line" in any section thereof, it shall be held to refe:, in the case of Ordinances included in the New Edition" of the "Revised Laws" of Hongkong presently to be published, to the line of such section as printed therein; and in the case of Ordinances, hereafter to be passed, not included in the "New Edition", to the line of such section as printed in the copy deposited in the Registry of the Supreme Court,

PART II.

Of Repeals,

11.-1.) Where any Ordinance repeals wholly or in part any former enactment and substitutes other provisions therefor, the repealed enactment shall remain in force until the substituted provisions come into operation.

(2.) Where any Ordinance, or any part of an Ordinance, is repealed, all proclamations, orders, notices, rules, and regulations, issued or made in virtue thereof shall remain in force, so far as they are are not inconsistent with the provisions of the repealing Ordinance, and, unless the con- trary intention appear, until they shall have been repealed or have been replaced by proclamations, orders, notices, rules or regulations, as the case may be, issued or made under the provisions of the said repealing Ordinance.

12. The repeal of any enactment shall not, unless the contrary intention appear-

(a.) revive anything not in force or existing at the time at which the repeal takes effect; or

(b.) affect the previous operation of any enactment so repealed, or anything duly done or suffered under any enactmen so repealed; or

(c.) affect any right, privilege, obligation or liabi- lity acquired, accrued, or incurred under any enactment so repealed ; or

(d) aflect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or pun- ishment as aforesaid; and any such investiga- tion, legal proceeding, or remedy may be instituted, continued or enforced, and any such be im- penalty, forfeiture or punishment may posed, as if the repealing Ordinance had not been passed.

Provided that where the penalty, forfeiture, or punish- nent imposed by the repealing Ordinance is heavier than that imposed by the repealed enactment, the provisions by wiich the lighter penalty, forfeiture or punishment is im-

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

posed shall, unless such repealing enactment otherwise provides, be applied if the Court decides to inflict any punishment.

13. When any Ordinance which repcals in whole or in Repeal of part any earlier Ordinance is itself repealed, such last Ordinances. repeal shall not be construed as reviving the enactment previously repealed, unless such revival be expressly

enacted.

14. Where any Ordinance repeals and re-enacts, with References to or without modification, any provisions of a former Ordin- re-enacted ance, references in any other Ordinance to the provisions provisions. so repealed, shall, unless the contrary intention appear, be construed as references to the provisions so re-enacted.

Acts of

15. Where any statute of the Imperial Parliament Reference to repeals and re-enacts, with or without modification, any re-enacted provisions of a former statute of the Imperial Parliament, Parliament. references in any Ordinance to the provisions so repealed, shall, unless there is any provision in the repealing statute from which the contrary intention shall appear, be con- strued as references to the provisions so re-enacted.

16. Any Ordinance which amends, repeals, or adds to, Operation the provisions of a former Ordinance shall, unless the of amending contrary intention appear, be read and construed as forming part of the Ordinance so affected.

Ordinances.

17. Whenever any enactment shall be disallowed by Disallowance. His Majesty, such disallowance shall be notified by the Governor in the Gazette; and from and after the date of such notification, the enactment, and all proclamations, orders, notices, rules, regulations, or other like documents made thereunder shall cease to have effect.

Provided always that the provisions of section 12 shall apply to such disallowance as if the words "disallowance and 'disallowed' were read therein in lieu of the words "repeal" and "repealed"; with this exception only, that any emnetment repealed, modified, or amended by any enactment disallowed, together with all proclamations, orders, notices, rules, regulations, or other like documents made under such previous enactment, shall revive and continue in force in their original form as from the date of the said notification.

The expression disallowance" shall include the signi- fication of His Majesty's pleasure not to allow any Ordin-

ance.

PART III.

General Provisions.

18. Every Ordinance shall be a public Ordinance, and Ordinances shall be judicially noticed as such, unless the contrary is to be publie expressly provided by the Ordinance.

Ordinances.

19. Every section of an Ordinance shall have effect as Sections to a substantive enactment without introductory words.

20. Every schedule to or Table in any Ordinance, shall, together with any notes thereto, be construed and have effect as part of the Ordinance.

be substan- tive enact- mcuts.

Schedules, etc., to be part of Ordinances.

Sub-divisions

ances to be recognised.

21. Where an Ordinance is divided into Parts, Chapters, Titles, or other sub-divisions, the fact and particulars of of Ordin such division shall, with or without express mention thereof in such Ordinance, be taken notice of in all Courts and for all other purposes whatsoever.

22. References to the Sovereign reigning at the time of References the passing of any Ordinance, or to the Crown, shall, unless to the

Sovereign. the contrary intention appear, be construed as references to the Sovereign for the time being, and it shall not be neces- sary to refer to or include the Sovereign's Heirs and Successors,

23. No Ordinance shall be binding on the Crown, or Ordinances shall in any manner affect the rights of the Crown, unless not binding it is so provided in express terms.

This Ordinance shall be binding on the Crown.

on Crown unless

expressed.

333

334

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Construction

24. Where any Ordinauce confers a power or imposes a

of provisions duty, then, unless the contrary intention appear, the power

as to

exercise of powers and duties.

Construction

may be exercised and the duty shall be performed from time to time as occasion requires.

25.-(1.) Where reference is made to

aly person

of references by the term designating his office, such term shall include to public the person for the time being executing the duties of such office, as well as such other person as may be appointed to perform any portion of such duties.

officers.

Construction

powers to

(2.) Where any Ordinance confers a power or privilege, of provisions or imposes a duty on the holder of any office as such, then, granting unless the contrary intention appear, the power may be the holder of exercised and the duty shall or may be performed, as the case may be, by the holder of the office for the time being, or by any person appointed to act in, or perform the duties of, the said office for the time being.

an office.

Proceedings not abated by change in effice.

Construction

(3.) Any civil or criminal proceedings taken by any person in virtue of his office shall not be discontinued or abated by his death, resignation, or removal from office, but may be carried on by and in the name of the person appointed to perform the duties of the office.

26.-(1.) Where reference is made in any enactment to of references the numbers of any series of sections of any enactment, or to any part of any enactment, the reference shall he beld to be inclusive of the sections or words mentioned in the reference.

to other enactments:

and to a

(2.) When any particular number of days is prescribed series of days, for the doing of any act or for any other purpose, the same shall, unless the contrary intention appear, be reckoned exclusive of the first and inclusive of the last day,

Measurement

27. In the measurement of any distance for the purposes of distances. of any Ordinance that distance shall, unless the contrary

intention appear, be measured in a straight line on horizontal plane.

References to time.

Meaning of service by post.

Meaning of writing.

28.-(1.) Whenever any expression of time occurs in any enactment or in any legal document, the time referred to shall, unless the contrary intention appear, be held to be standard time.

The expressiou "standard time means standard time as used in the Colony, that is to say, the mean time of the 120th meridian East of Greenwich, and is exactly eight hours in advance of Greenwich mean time.

(2.) The expression "a.m." indicates the period between midnight and noon on the day succeeding; and the expres- sion p.m." indicates the period between noon and the midnight following; and where in any enactment two such expressions occur conjunctively in relation to any specified hours, or in conjunction with the words suuset" "sunrise", they shall be construed to relate to consecutive periods of time,

•

29. Where any Ordinance authorises or requires any pocument to be served by post, whether the expression serve", or "give", or "send", or any other expression is used, then, unless the contrary intention appear, the service shall be deemed to be effected by properly address- ing, pre-paying, and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

30. In any enactment expressions referring to writing or printing shall include, unless the contrary intention appear, writing, printing, lithography, photography, type- writing, and every other mode of representing words or figures in a visible form, but in the case of a book "print- ing" shall not include writing or type-writing.

Nothing in this section shall be taken to apply to signa-

tures.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

** affidavit

31. In all Ordinances, unless the contrary intention Meaning of appear, the words "outh and "affidavit " include, in the "oath ". cases of persons allowed or required by law to declare or to solemnly affirm instead of swearing, "declaration" and *solemn affirmation"; and " swear", in the like cases. includes * declare" and "solemnly affirm ".

and

Siver!

32. Where in any enactment Chinese words or terms Use of are used, or where English words are used, followed, in Chinese - brackets or otherwise, by Chinese words or terms whether pressions

Ordinances in Chinese characters or not, the Chinese words or terms shall be held to be included in the enactment, and the meaning and construction thereof shall be in accordance with Chinese language and custom.

33. Where the words "or", "other", and "otherwise " Meaning are used, they shall, unless the contrary intention appear, "or" mothe be construed disjunctively and not as implying similarity. "otherwis unless the word "similar", or some other word of like

meaning, is added.

Nothing in this section shall be taken to affect section 11 of the Penalties Amendment Ordinance, 1911.

34. Where the offence with which any person charged is :-

(a.) the doing of any net : or

(b.) the omission to do any act,

Burdon

without lawful authority or purpose or reasonable excuse, the proof of such authority, purpose or excuse shall lie on the person charged.

proof whe a acts done without law

ful excus

35. In the construction of every Ordinance relating to Meaning an offence punishable on indictment or on suminary convic person tion, the expression "person shall, unless the contrary Criminal intention appear, include a body corporate.

Ordinances.

36. In all enactments, unless the contrary intention Rules as 7. appear, words importing the masculine gender shall include gender and females, and words in the singular shall include the plural, number. and words in the plural shall include the singular.

37. Where any notice, order, or other document is re- Effect of quired by any Ordinance to be published in the Gazette, notices in or where any document is published in the Gazette under Gazette section 26 (83) of the Evidence Ordinance, 1889, a copy of the Gazette in which it is so published shall be primù facie evidence of the facts stated in such notice, order,

or document.

Application

38.--(1.) Where under any enactment any person is re- quired to pay any charge or fee for any act or thing done, of fees, or document issued, or signature or seal affixed to any do- fines and cument, by any public officer or departinent, or where any forfeitur person is adjudged by any Court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge or tee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or any commission on money re- ceived or taken possession of, realised or otherwise dealt with, is required to be paid to any public officer or depart - ment, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury,

(2.) Where under any enactment any thing or any animal is adjudged by any Court, or other authority duly author- ised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, be forfeited to the Crown, and the net proceeds thereof if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the con- trary is otherwise provided.

(3.) Nothing in this section shall affect any provision in any existing enactment or any enactment hereafter to be made, whereby any shares of fines or forfeitures, or of pro- eceds of forfeitures are expressed to be recoverable by any person, or may be granted by any authority to any person or officer.

236

THE HONGKONG GOVERNMENT GAZETTE. AUGUST 25, 1911.

Definitions,

Official definitions.

(4.) The Governor may in any special case, not provided for by Ordinance, award a share not exceeding three-fourths. of

any fines or forfeitures adjudged by any Court, or of any proceeds of any forfeitures, as a reward, bounty or gratuity, to any member of the police force, for meritorious conduct. zeal displayed or injury sustained in the execution of his duty, or to such private persons or informers as may be deserving of reward for assisting in the detection of crime or the apprehension of offenders.

(5.) Section 2 of Ordinance No. 2 of 1867 is repealed.

PART IV.

Definitions.

39. In all enactments the following words shall have the meanings hereby assigned to them, unless otherwise provided or unless the context otherwise requires :---

A.-Official Definitions,

Governor means the Govern r of Hongkong and includes the Officer for the time being adminis- tering the Government of Hongkong ;

and where the Governor of Hongkong is not intended-

Governor means, as respects Australia, Canada, India and United South Africa, the Governor General, and includes any person who for the time being has the power of the Governor General ;

and as respects any other British possession or territory under the protection of the King, means the Governor or Administrator of that possession, and includes the Officer for the time being administering the Government of that possession or territory.

• Governor-in-Council ", Governor in Executive

Council", or

Governor with the advice of the Executive Council ", means the Governor act- ing with the advice of the Executive Council but not necessarily in sneh Council assembled., "Officer Administering the Government" means the Officer who succeeds to or is appointed to the administration of the Government of the Colony.

Secretary of State" means His Majesty's Prin- cipal Secretary of State for the Colonies, unless another Secretary of State is indicated, "Crown Agents" means the person or persons for the time being acting as Crown Agents for the Colonies in England, or any one of them. The Admiralty means the Lord High Admiral of the United Kingdom for the time being, or the Commissioners for the time being executing the Office of Lord High Admiral of the United Kingdom.

Privy Council means the Lords and others for the time being of His Majesty's Most Hon- ourable Privy Council, and Order in Council " means an Order made by the Privy Council. "Board of Trade" means the Committee for the time being of the Privy Council appointed for the consideration of matters relating to trade and foreign plantations.

Imperial Parliament", and "Parliament",

mean

the Parliament of the United Kingdom. *Consul" and "Consular Officer" include, consul- general, consul, vice-consul, consular agent, and any person for the time being authorised to discharge the duties of consul-general, consul or vice-consul.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

"Legislative Council" and "Legislature", mean the Council of Government of Hongkong, and when used with reference to a British possession other than Hongkong, the authority, other than the Imperial Parliament, or His Majesty the King in Council, competent to make laws for such British possession.

"The Treasury" and "Treasurer" mean the Colonial Treasury and the Colonlal Treasurer respect- ively.

"Justice of the Peace" means a person appointed by the Governor to act as Justice of the Peace for the Colony.

B.-Colonial Definitions.

"The Colony", "this Colony", or "Hongkong", Colonial

meaus the Island of Hongkong and Kowloon, definitions. and their dependencies, together with Stone- cutters Island, and includes the New Terri- tories, unless it appears from express provision or by necessary implication that the New Ter- ritories or New Kowloon is not intended.

"Kowloon" means that portion of the peninsula of Kau-lung which was ceded to Great Britain by the Emperor of China on the twenty-fourth day of October, 1860.

"The New Territories" means the additional ter- ritories leased to Great Britain by the Emperor of China under the Convention datel the 9th day of June, 1898.

"New Kowloon" means that portion of the New Territories which is delineated and shewn upon a pla... marked "New Kowloon" signed by the Director of Public Works and countersigned by the Governor and deposited in the Land Office.

City of Victoria", or Victoria", means the area

within the following boundaries :

on the North. The Harbour ;

on the Wes'.-A line ruuning north and south drawn through the north-west angle of Inland Lot No. 1299 and extending southwards a distance of eight hundred and fifty feet from the aforesaid angle;

on the South.-A line running east from the southern extremity of the western boundary until it meets a contour of the hill-side seven hundred feet above the level known as Ord- nance datum (that is to say, a level which shall hereafter be notified in the Gazite) thence following the said contour until it meets the eastern boundary;

On the East. A line following the western boundary of the Queen's Recreation Ground until it meets the old Shankiwan Road, thence to the south-east augle of Inland Lop No. 1018, thence along the southern boundary of Inland Lot No. 1018, produced vutil it meets the road on the east side of Wongreichong Valley, thence to the south-east angle of Inland Lot No. 1364, produced until it meets the southern boundary.

"The Waters of the Colony " or " Colonial Waters

means all waters, whether navig ble or not, included within the area bounded a follows:-

on the South, by the paralici of latitude 22° 9′ North between the point where it is intersected by the meridians of longitude 113° 52' East and 114° 30′ East of Greenwich ;

337

338

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

on the North, by a line drawn from the point where the meridian of longitude 113° 52 East of Greenwich intersects the parallel of latitude touching the extreme south-west point. of the shore of Deep Bay to the said south- west point of the shore of Deep Bay, and thence along the high water mark upon the shore of Deep Bay to the estuary of the Sham Chun River, Tuence by a line drawn as described in the agreement delimiting the northern frontier of the New Territories signed by James Hal- dane Stewart Lockhart and Wong Ts'in-shin at Hongkong on 19th March, 1899, and follows the high water mark in Mirs Bay to the point where the meridian of longitude 114° 30′ East of Greenwich intersects the mainland :

on the East, by the meridian of longitude 114° 30 East of Greenwich between the points where it intersects the mainland and the parallel of latitude 22° 9 North :

on the West, by the meridian of longitude 113° 52 East of Greenwich between the points where it intersects the parallel of latitude tou- ching the extreme south-west point of the shore of Deep Bay and the parallel of latitude 22° 9° North and between the points on the north and south coast of Lantau where the meridian of 118° 52 East of Greenwich intersects the island the boundary follows the western coast- line of Lautan and includes the waters apper- taining thereto,

"Harbour" means, unless any other harbour is expressly indicated, the harbour of Victoria, and includes the waters of the Colony within the following boundaries :-

on the East.-A line drawn from a pillar to be marked "Harbour Limits" at North Point on the island of Hongkong to the most easterly point of Kowloon Pier;

on the West.-A line drawn from the westermindst point of the Island of Hongkong to the western side of Green Island, continued to the western point of Stonecutters' Island, thence to the north point of Stonecutters` Island, and thence to the Harbour Department Station at Samshuipo,

→ Public Seal " means the public seal of the Colony.

→

Public Offle" and "Public Department

mean

and inelude every office or department invested with or performing duties of a public nature, whether under the immediate control of the Governor or not.

Public Officer" or

Public Servant" means any person holding any appointment or discharging the duties, whether permanently or temporarily, of any office the emoluments of which are wholly or in part directly derived from the Revenues of the Colony, and includes members of the Executive and Legislative Councils, members of the Sanitary Board, Justices of the Peace, members of the Police Force, and of the District Watchmen Force appointed under the Regulation of Chinese Ordinance, 1888, and also Commissioners and persons acting under Grdinance No. 13 of 1886 and persons acting ander Ordinance No. 6 of 1893.

-Officer of police or "Police officer" includes members of the Police Force of all ranks ; and where any duty or power is imposed or con- ferred in any Ordinance on any

officer of po-

•

lice or police officer, it may be performed and exercised by any member of the police force :

and where any duty or power is imposed or conferred on any constable of police or any

• constabls ", it may be performed or exercised by any member of the police force ;

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

and where any duty or power is imposed on any officer of police other than a constable it may be performed or exercised by any member of the police force of higher rank;

and where any person is referred to as not being a constable of police it shall be con- strued to mean 66

any person not being a mem- ber of the police force ";

and the expression 66

person employed in the police force or other words of like meaning, shall include all the employees referred to in section 3 (2) of Ordinance No. 11 of 1900, as well as all members of the police force. "Medical Officer of Health and Assistant Me- dical Officer of Health mean the persons appointed respectively to act as such officers under Ordinance No. 1 of 1903.

"Government Analyst" includes any analyst ap- pointed by the Governor under Ordinance No. 8 of 1893.

"Revenue Officer" means any person appointed to act as Revenue Officer under Ordinance No. 9 of 1911.

Excise Officer" means any person appointed to act as Excise Officer under Ordinance No. 23 of 1909.

"Forest Officer" means any Forest Guard or other person appointed by the Governor for the control or superintendence of any forest. "The Gaol" meaus Victoria Gaol, aud includes any place that may hereafter be set apart as a prison. "Superintendent of the Gaol" includes the As- sistant Superintendent of the Gaol. This definition shall apply to all warrants of com- inittal, or other documents, whether issued, made, sealed or signed before or after the com- mencement of this Ordinance.

339

C.-Geographical Definitions.

"United Kingdom" weans the United Kingdom of

Great Britain and Ireland.

"British Islands" means the United Kingdom, the

Channel Islands and the Isle of Man.

"British Possession means any part of His Ma- jesty's Dominions exclusive of the United Kingdom; and where parts of such Dominions are under both a central and a local Legisla- ture, all parts under the central Legislature shall, for the purpose of this definition, be deemed to be one British possession.

British Colony or "Colony

means, where the Colony of Hongkong is not intended, any part of His Majesty's Dominions exclusive of the United Kingdom and of British India and where parts of such Dominions are under both a central and a local Legislature, all parts under the central Legislature shall, for the purposes of this definition, be deemed to be one Colony.

"British India' means all territories and places within His Majesty's Dominions which are for the time being governed by His Majesty through the Governor General of India, or through any Governor or other officer subor- dinate to the Governor General of India.

"India means British India together with

any

territories of any Native Prince or Chief under the suzerainty of His Majesty exercised through the Governor General of India or other officer subordinate to the Governor General of India.

Geographical definitions.

340

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Judicial definitions.

D.-Judicial Definitions,

"High Court" means, when used with reference to England or Ireland, His Majesty's High Court of Justice in England or Ireland, as the case may be.

*Court of Assize

· Assizes",

meaus. as

respects England, Wales, and Ireland, a Court of Assize, a Court of Oyer and Terminer, and a Court of Gaol Delivery, or any of them, and as respects England and Wales, includes the Central Criminal Court;

and as respects Hongkong, means the Supreme Court, either one Judge or the Full Court, sit- ting in its criminal jurisdiction; and unless it is specially provided that any offence is to be or may be tried summarily before a Magistrate or otherwise, all offences shall be triable before the Supreme Court sitting in its criminal juris-

diction.

Supreme Court means the Supreme Court of

Hongkong.

"Fall Court means the Chief Justice and the Puisne Judge sitting together in Court or in Chambers.

* Probate Court" means, as respects Hongkong, the Supreme Court sitting in its probate jurisdic- tion.

Bankruptcy Court means, as respects Hongkong, the Supreme Court sitting in its bankruptcy jurisdiction.

* Colonial Court of Admiralty" means, as respects Hongkong, the Supreme Court sitting in its Admiralty jurisdiction.

"Court means the Supreme Court as well as any

other Court holden in the Colony.

"Magistrate" means a Magistrate appointed under Ordinance No. 3 of 1990, but does not include the Marine Magistrate in cases not coming within section 8 of the said Ordinance, unless such Magistrate is expressly indicated; and unless the contrary intention appears, the ex- pression "triable before a Magistrate" or "tried summarily", or any other expression having the like intent, means that an offence may be tried as provided by Ordinance No. 3 of 1890; and the expression on summary conviction'

on conviction before a Magistrate", and any other expression having the like intent, means that the offence to which it relates was triable, and has been tried, and the offender convicted, as provided by the said Ordinance; and in both cases the procedure respecting the imposition of fines and forfeitures and all other provisions respecting the jurisdiction of the Magistrate, and the procedure of such trial, shall be held to be included; and where by any Ordinance an offence is made punishable by summary con- viction, the Magistrate, or two Magistrates, as the case may require, shall be decuted there- by to be invested with jurisdiction to try any person accused of such offence. "Judge" means any Judge of the Supreme Court : and where any civil jurisdiction is required to be exercised by a Judge, such jurisdiction, it it is not otherwise expressed, shall be exercis- able by a Judge sitting in Chambers. Rules of Court" means, when used in relation to any Court, rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such Court, together with the forms necessary thereto.

The power of the said authority to make rules of Court as above defined shall include a power to make rules of Court for the

of purpose any Ordinance hereafter to be passed directing or authorising anything to be done by rule of Cout.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

F.-General Definitions.

Gazette mcaus the Hongkong Government General

Gazette.

Proclamation means, as respects Hongkong, a proclamation of the Governor or of the Gov- ernor-in-Council.

"Definition" means the interpretation to be given to words or expressions used in the Ordinance or part of an Ordinance to which such inter- pretations are declared to be applicable; and the words or expressions are to have in such Ordinance or part of an Ordinance, and in any rules, regulations, orders, or other documents made thereunder, the meanings assigned to them unless inconsistent with the context.

·Month" means calendar month, unless it appears from the context that lunar month, or Chinese

" is intended.

moon

"Year" means a year according to the Georgian Calendar, unless it appears from the context that a Chinese year is intended.

Person", and words applied to any person or individual, shall apply to and include, subject only to the provisions of section 35, bodies corporate, joint tenants and tenants in common. "Statutory Declaration " means a declaration made by virtue of the Statutory Declarations Act, 1835, or of the Statutory Declaration Ordinance, 1893.

Enactment" means any provision made by com- petent authority, having the force of law, and any part of such provision, and includes rules and regulations made in virtue of powers con- ferred by any Ordinance or statute; and "Provided" or "Prescribed ", when used in re- ference to any enactment, means provided or prescribed by such enactment.

* Any Ordinance" or Any enactment

means and

includes any Ordinance or any enactment, as the case may be, which is in force in the Colony at the time when the enactment in which the expression occurs is enforced or applied.

"Offence "

means any crime, misdemeanor, contra- vention, or other breach of the law for which a penalty is provided.

"Committed for trial" means when used in relation to any person, committed to prison with the view to his being tried before a Judge and Jury, or otherwise as the law directs; and includes a person who is admitted to bail upon recogniz- ances to appear and take his trial before a Judge and Jury, or otherwise.

Statute'

•

OT Act" means an Act of the Imperial Parliament.

"Treaty

means and includes a treaty, convention or agreement made with a foreign State, toge- ther with protocols or declarations attached thereto, or independent thereof but referring

thereto.

"Will" means and includes a will, testament, codicil, and all other testamentary papers what-

soever.

Medical Practitioner ", or any words importing a person recognized at law as a practitioner in medicine or surgery or as any kind of mem- ber of the medical profession, means a medical practitioner duly registered under Ordinance No. 1 of 1884.

"Solicitor" means a legal practitioner admitted to practice as a solicitor before the Supreme Court under Ordinance No. 1 of 1871,

definitions.

341

342

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Extent of

power to make regu- lations.

Meaning of "regula- tion".

Publication

and effect.

Other documents.

Powers of Governor-

in-Council

over regula- tious.

Forms in repcaled

din arces.

Coming into

to ce of pro-

gmations.

"Years of age", or words of a like meaning, when used in reference to the age of any person, mean years according to English reckoning, unless Chinese reckoning is expressly indicated. "Bank of England" means the Governor and Com-

pany of the Bank of England.

Bank of Ireland" means the Governor and Com-

pany of the Bank of Ireland.

PART V.

Of Regulations, Forms, and other Matters. 40.-(1.) Where any Ordinance confers on any person a discretionary power to make regulations, to issue any order, or to do any act, the power shall, unless the cou- trary intention appear, be construed as including the power, exercisable in like manner, and subject to the same con- ditions, if any, to amend, vary, rescind, revoke, or suspend the regulations made, or order issned, or any part thereof, and to make or issue new regulations, or a new order, or to abstain from doing the act.

(2.) "Regulations" both in this section, and generally in this Ordinance, as well as in all other enactments, means regulations, rules, orders and bye-laws, not inconsistent with the provisions of the Ordinance under which they are made, and includes rules of Court,

(3.). All regulations shall, unless otherwise provided, come into force on the day of their publication in the Gazette, and shall have the same force and effect and be equally binding, and shall be construed for all purposes as if they had been contained in the Ordinance empowering them to be made and any reference to the Ordinance shall be construed as including the regulations in such reference.

(4.) The same rules shall apply to any order made by the Governor or the Governor-in-Council, and to any order, warrant, scheme, letters patent, or other instrument made or issued under the provisions of any Ordinance : provided that they shall not apply to banishment orders.

41..-(1.) Unless it is otherwise enacted, whenever in any Ordinance it is provided that regulations shall be

(a.) made; or

(6.) made subject to the approval or confirmation (or where other words are used of like meaning) of the Governor-in-Council, the following rules shall be observed ;-

(i.) the regulations shall be submitted for the

approval of the Governor-in-Commeil ; (.) the Governor-in-Council shall have power to amend, or to disapprove the whole or any part of the regulations, and may, if he disapprove them either in whole or in part, require further or other regulations to be submitted for approval.

The words to amend " shall include the power to add to, alter, or otherwise

vary.

(2.) This section shall apply to regulations which are by any Ordinance made subject to the approval or confirmation (or other words are used of like meaning) of the Governor or of the Legislative Council,

42. All forms in use under any Ordinance repeated by any subsequent Ordinance, and which are not replaced by forms in the repealing Ordinance, shall remain in force so far as they are not inconsistent with its provisious, until they have been replaced by forms prescribed in accordance with the provisions of the repealing Ordinance.

PART VI.

Of Iroclamations and Orders of the Governor. 43. Proclamations and notifications of the Governor shall come into operation on the date of their publication in the Gazette.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

44. Where power is given to the Governor to issue a Extent of proclamation or notification, it shall include the power of power to amending, revoking, or suspending the said proclamation issue pro- or notification, and of declaring the date of its coming into force, and also of substituting another therefor.

Provided always that where any Ordinance is to come into force on a day to be fixed by proclamation, the power to issue such proclamation shall not include the power of amending, revoking or suspending the same.

clamations.

the Governor.

45. Where power is given to the Governor to make any Signification order or give any direction, it shall be sufficient, unless of orders of it is otherwise expressed, for such order or direction to he signified under the hand of the Colonial Secretary ok of the Assistant Colonial Secretary,

This section shall not apply to the issue of any warrant by the Governor; such warrant shall be under his hand and seal.

46. Sections 43 and 44 shall apply to prociamations Application and notifications issued by the Governor-in-Council; and of certain section 45 shall apply to orders and directions of the Gov- previous ernor-in-Council, except that the signification thereof shall be under the hand of the Clerk of the Comeils.

PART VII.

Of Public Officers.

sections.

47.-(1.) Unless it is otherwise expressly provided in Interfering any Ordinance; if any person shall, by force or violence, with public resist, oppose, molest, binder, or obstruct any public officer officers, in the performance of his duty, or any person lawfully engaged, authorised or employed in the performance of any public duty, or any person lawfully acting in aid or assistance of any such public officer or person, he shall be liable to a fine not exceeding 100 dollars, and to impri- soument not exceeding 3 months.

(2.) The following enactments are repealed :-

Ordinance No. 2 of 1885, section 6 (3).

No. 1 of 1903, section 23.

No. 15 of 1903, so much of section 5

as relates to obstructing and hind- ering officers.

No. 23 of 1909, section 86.

Protection of

48.- 1.) Unless it is otherwise expressly provided in any Ordinance; all actions and prosecutions to be com- public offi- menced against any public officer for anything done or cers acting omitted to be done in pursuance of any enactment shall be under commenced within six mouths after the act or omission, authority of

and not otherwise.

(2.) Notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action.

(8.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence at any trial to be had thereupon.

(4.) No plaintiff shall recover in any such action if tender of sufficient amends has been made before such action brought, or if a sufficient sum of money has been paid into Court after such action brought, by or on behalf* of the defendant.

(5.) If a verdict passes for the defendant, or the plain- tiff becomes nonsuit or discontinues any such action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff. the defendant shall recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases; and though a verdict is given for the plain- tiff in any such action, the plaintiff shail not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the action.

(6.) The following enactments are repealed :--

Ordinance No. 5 of 1865, section 97.

enactment

No. 6 of 1865, section 58.

No. 7 of 1865, section 27.

No. 3 of 1873, sections 19, 20.

No. 2 of 1885, section 6 (3).

No. 13 of 1886, section 11.

343

344

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Ordinance No. No.

1 of 1889, section 81.

3 of 1890, section 28 (4) from the

وا

words" so, however,' to "taxed costs".

No. 6 of 1893, section 21.

No.

4 of 1897, section 46.

No.

4 of 1899, section 16.

PART VIII.

Citation of Imperial

Acts.

Repeal.

any

Miscellaneous Provisions.

49.--(1) In any Ordinance, instrument, or document, Act of the Imperial Parliament may be cited by reference to its short title", if any, either with or without a reference to the chapter, or by reference to the regnal year in which it was passed, and, where there are more statutes or sessions than one in the same regnal year, by reference to the statute or the session, as the case may require, and where there are more chapters than one, by refe ence to the chapter, and any enactment may be cited by reference to the section or sub-section of the Act in

which the enactment is contained.

(2.) Where any Ordinance passed after the 18th day of November, 1897, contains such reference as aforesaid, the reference shall, unless the contrary intention appear, be read as referring, in the case of statutes included in any revised edition of the statutes purporting to be printed by authority, to that edition; and in case of statutes not so included and passed before the reign of King George the First, to the edition prepared under the direction of the Record Commission; and in other cases to the copies of the statutes purporting to be printed by the King's Printer or under the superintendence or authority of His Majesty's Stationery Office.

(3.) In any Ordinance a description or citation of a portion of an Act of Parliament shall, unless the contrary intention appear, be construed as including the word, section, or other part mentioned or referred to as forming the beginning and as forming the end of the portion com- prised in the description or citation.

(4.) Any reference to an Act of Parliament shall include a reference to regulations made thereunder.

50. The following enactments are repealed :

Ordinance No. 8 of 1897.

Ordinance No. 20 of 1908.

Ordinance No. 18 of 1909.

Ordinances No. 19 of 1901 and No. 20 of 1903, and all definitions of the "City of Victoria con- tained in any Ordinance heretofore passed.

of the 66

The definitions of the " Waters of the Colony " and Harbour limits ' in Ordinance No. 10 of 1899, and in any other Ordinance heretofore passed.

Passed the Legislative Council of Hongkong, this 24th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 25th

day of August, 1911.

WARREN BARNES,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG.

345

No. 32 of 1911.

An Ordinance to amend the Post Office Ordin- ance, 1900, and the Laws relating to the Post Office.

F. D. LUGARD,

Governor.

[24th August, 1911.]

WHEREAS it is expedient to amend the law relating to the Post Office :

Be it therefore enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as "the Post Office Short title Amendment Ordinance, 1911", and shall be read and and con- construed with the Post Office Ordinance, 1900, here- inafter referred to as the Principal Ordinance

struction.

2. Sub-section 2 of section 6 of the Principal Repeals sub- Ordinance is hereby repealed and the following sub- section (2) section substituted therefor :-

of section 6 of the

Ordinance

therefor.

"(2.) The Postmaster General shall also have the Principal exclusive privilege of performing all the and new incidental services of receiving from all sub-section persons who arrive in the Colony with let- substituted ters, and of collecting, despatching and delivering all correspondence arriving from or intended to be despatched to any place out of the Colony and no letters from out of the Colony, unless exempt by law, shall be conveyed in the Colony otherwise than by the post or shall be delivered in or transmitted from the Colony otherwise than by or through the General Post Office."

3. The following shall be added to section 9 of the Adds a new Principal Ordinance and numbered sub-section (2):-

sub-section

to section 9

of the Prin- cipal Ordin-

ance.

⚫ for stamps.

*(2.) All duties of postage and other sums in Provision

respect of postal packets payable in pur- suance of this Ordinance shall be charge- able as stamp duties, and all enactments relating to stamp duties shall apply accord- ingly.

4. Section 12 of the Principal Ordinance is hereby repealed and the following substituted therefor :-

Repeals sec-

tion 12 of the Principal Ordinance and new section substituted therefor.

· 12. The Governor may, subject to such instruc- The Govern

tions as aforesaid, make, in relation to corres- or may make pondence sent by post, regulations for pro- as to cor-

regulations hibiting the conveyance of such articles as respondence. he may think fit; for preventing the send- ing or delivery by post of seditious, indecent

346

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Repeals sec-

tions 26 and

27 of the

Principal Ordinance and new section substituted therefor.

Gratuities to ship

masters.

Adds a new section 12a

to the

Principal Ordinance.

Power to deal with postal arti- eles contain- ing contra band goods.

or obscene prints, paintings, photographs, lithographs, engravings, books or cards or of other indecent or obscene articles, or of letters, newspapers, supplements, publica- tions, packets or post cards having thereon or on the covers thereof any words, marks or designs of an indecent, obscene, libellous or grossly offensive character; and for pro- hibiting the receiving in and delivery by the Post Office of correspondence contain- ing or believed to contain any lottery ticket or any advertisement of prizes or any other announcement relating to any public lottery sweepstakes or other gambling transaction."

5. Sections 26 and 27 of the Principal Ordinance are hereby repealed and the following section substituted therefor :--

→26. The Postmaster General shall pay to every master of a vessel, not being a contract vessel, a gratuity of one cent for every letter and other article, other than a parcel, and five cents for every parcel delivered to him by the Post Office: Provided that the gratuity payable on correspondence trans- mitted to Canton and Macao shall be one cent only on each description of corres- pondence. The Postmaster General may before paying any gratuity require a receipt accounting for the due delivery at its destination of such correspondence and may also require proof to his satisfaction that there has been no unreasonable delay on the part of the master."

6. The following section shall be inserted in the Principal Ordinance after section 12 thereof:-

12. If the Postmaster General shall have reason to believe that any postal article received from beyond the limits of the Colony contains goods, the importation of which is forbidden or restricted or anything liable to duty or if he be so informed, he shall require by notice in writing the at- tendance at the Post Office, at a specified time, of the addressee of such postal article or of some agent deputed in writing by such addressee and such postal article shall then be opened by the addressee or his agent in the presence of the Postmaster General or of an officer of the Post Office. If the addressee or his agent fail to attend in pursuance of the notification the article shall be opened by the Postmaster General and may be delivered to the addressee or confiscated or otherwise dealt with as may be required be law."

Add new 7. The following three sections shall be inserted in 336 and 33 the Principal Ordinance after section 33 thereof:--

sections 38/1,

to the

Principal

Ordinance.

Prohibition

of sending by post explosive, inflammable, or deleterious substances, or indecent prints,

⚫words, etc.

33a.-(1.) A person shall not send or attempt

to send a postal packet which either--

(a.) encloses any explosive, any dangerous substance, any filth, any noxious or deleterious substance, any sharp in- strument not properly protected, any living creature which is either no- xious or likely to injure other postal

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

packets in course of conveyance or an officer of the Post Office, or any article or thing whatsoever which is likely to injure either other postal packets in course of conveyance of an officer of the Post Office; or (b.) encloses any indecent or obscene print, painting, photograph, litho- graph, engraving, book or card or any indecent or obscene article whe- ther similar to the above or not; or (c.) has on the packet, or on the cover thereof any words, marks or designs of an indecent, obscene or offensive character.

(2.) If any person acts in contravention of this

section, he shall be guilty of an offence.

(3.) The detention in the Post Office of any postal packet on the ground of its being in contravention of this section shall not ex- empt the sender thereof from any proceed- ings which might have been taken if the packet had been delivered in due course of post.

336-(1.) A person shall not without due Prohibition

authority-

of imitation

of post office

forms and marks.

(a) make, issue, or send by post or stamps,

otherwise any envelope, wrapper, envelopes, form, or paper in imitation of one issued by or under the authority of the Postmaster General, or of any British or foreign postal authority, or having thereon any words, letters, or marks which signify or imply or may reasonably lead the recipient to believe that a postal packet bear- ing them is sent on His Majesty's

service; or

(b.) make on any envelope, wrapper, card, form, or paper for the purpose of being issued or sent by post or otherwise, or otherwise used, any mark in imitation of or similar to or purporting to be any stamp or mark of any post office under the Postmaster General, or under any British or foreign postal authority, or any words, letters, or marks which signify or imply, or reasonably lead the recipient thereof to believe, that a postal packet bear- ing them is sent on His Majesty' service; or

may

(c.) issue or send by post or otherwise any envelope, wrapper, card, form, or paper so marked.

(2.) If any person acts in contravention of this section he shall be liable on summary con- viction to a fine not exceeding twenty dollars.

letter boxes

336.-(1.) A person shall not place or attempt to Prohibition

place in or against any post office letter of placing box any fire, any match, any light, any substances

　　　　　　　　　　injurious explosive substance, any dangerous sub- in or against stance, any filth, any noxious or deleterious post office substance or any fluid, and shall not com- mit a nuisance in or against any post office letter box and shall not do or attempt to do anything likely to injure the box, appurtenance or contents.

847

348

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Adds a new Section 36a

(2.) If any person acts in contravention of this section he shall be liable, on summary con- viction, to a fine not exceeding one hundred dollars, and on conviction on indictment, to imprisonment for any term not exceeding twelve months."

8. The following section shall be inserted in the to the Principal Ordinance after section 36 thereof :

cipal Ordin-

Obstruction of officers of Post Office.

Adds a new sub-section

to section 40

of the

Principal Ordinance

Post Office mark evi- dence of refusal, etc.

··36a-(1.) If any person whilst in any post office, or within any premises belonging to any post office or used therewith, obstructs the course of business thereof, he shall be liable on summary conviction to a fine not exceeding twenty dollars.

(2.) Any officer of the Post Office may require any person guilty of any offence under this section, to leave a post office or any such premises as aforesaid and. if the person so required refuses or fails to comply with the requirement, he shall be liable on sum- mary conviction to a further ine not ex- ceeding fifty dollars, and may be removed by any officer of the Post Office, and all constables are required on demand to remove or assist in removing every such person."

9. The following shall be added to section 40 of the Principal Ordinance and numbered sub-section 3 :-

(3.) In such proceedings,-

(a.) The production of any postal packet in respect of which any money is sought to be recovered having there- upon a Post Office stamp or amy writing denoting that the packet has been refused or rejected, or that the addressee was dead or could not be found, shall be prima facie evidence of the fact denoted; and

(b) the person from whom any postal packet in respect of which any money is sought to be recovered purports to have come shall, until the contrary is proved, be deemed to be the sender of the packet."

Passed the Legislative Council of Hongkong, this 10th day of August, 1911,

(. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 24th

day of August, 1911.

WARREN BARNES,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG,

No. 33 OF 1911.

An Ordinance to amend the Probates Ordinance,

1897.

349

F. D. LUGARD,

Governor,

[24th August, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Couneil thereof, as follows:-

1. This Ordinance may be cited as the Probates Short title. Amendment Ordinance, 1911.

2. The Probates Ordinance, 1897, is hereby amended Amends as follows :

(a.) In the definition of Estate in section 2 thereof by the addition after the word ** estate of the words "or property and after the words "of such person of the words and includes property passing on the death of such person".

tb.) After the definition of → Matters and causes restamentary in section 2 thereof by the insertion of the following definition: -

*** Next of kin "

includes persons

entitled in their own right to property passing on the death of any person.

Passed the Legislative Council of Hongkong, this 10th day of August, 1911.

Ordinance No. 2 of 1897.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 24th

day of August. 1911.

WARREN BARNES,

Colonial Secretary.

HONGKONG.

No. 34 OF 1911.

An Ordinance to further amend the Stamp Or- dinance, 1901, and the law relating to Stamps and Stamp Duty.

F. D. LUGARD,

Governor.

[24th August, 1911.]

BE it enacted by the Governor of Hongkong, with the sadvice and consent of the Legislative Comucil thereof, as follows:

1. This Ordinance may be cited as "the Stamp Amend- Short title ment Ordinance, 1911," and shall be read as one with the and con Stamp Ordinance, 1901, (hereinafter called "the Principal struction Ordinance"), and the Ordinances amending the same and this Ordinance and the said Ordinances may be cited together as "the Stamp Ordinances, 1901-1911".

350

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Amendment of sube

2. Section 8 sub-section (2) of the Principal Ordinance is hereby amended by adding the following proviso at the section (2) of end thereof : section 8 of the Principal Ordinance.

Amendment

of sub-sec- tion (1) of section 14

of the

Principal

Ordinance.

"Provided that the instruments specified in sub-sub- sections (7) and (b) may be stamped after execution if the Collector is satisfied by Statutory Declaration or otherwise as he may require that the omission to stamp arose solely from urgent necessity and if the instruments be brought to be stamped without any delay."

3. Section 14 sub-section (1) is hereby amended by deleting the words "hereby charged with the duty of two

cents".

How instru-

4.-(1.) Every instrument written upon stamped mate- ments are to rial is to be written in such manner, and every instrument be written

partly or wholly written before being stamped is to be so 54 & 55 Fict. Stamped, that the stamp may appear on the face of the instrument, and cannot be used for or applied to any other instrument written upon the same piece of material.

and stamped.

. 39 s. 3.

Instruments to be separately charged with duty in cer- tain cases. ib. s. 4.

Facts and eircumstan-

(2.) If more than one instrument be written upon the same piece of material, every one of the instruments is to be separately and distinctly stamped with the duty with which it is chargeable.

5. Except where express provision to the contrary is made by this or any other Ordinance,-

(a.) An instrument containing or relating to several distinct matters is to be separately and dis- tinetly charged, as if it were a separate instru- ment, with duty in respect of each of the matters;

(b.) An instrument made for any consideration in respect whereof it is chargeable with ad valo- rem duty, and also for any further or other va- luable consideration or considerations, is to be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the considerations.

6. All the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with ces affecting which any instrument is chargeable, are to be fully and truly set forth in the instrument; and every person who, with intent to defrand His Majesty, --

duty to be set forth in instruments. th. s. 5

Mode of calenlating ad valorem duty in me.

tal case

(a) executes any instrument in which all the said facts and circumstances are not fully and truly set forth or

(5.) being employed or concerned in or about the preparation of any instrument, neglects or omits fully and truly to set forth therein all the said facts and circumstances;

shall incur on summary conviction a fine not exceedi hundred dollars.

one

7.-(1.) Where an instrument is chargeable with ad valorem duty in respect of-

(a.) any money in currency other than Hongkong

currency, or

(b,) any stock or marketable security,

the duty shall be calculated on the value, on the day of the date of the instrument, of the money or stock or security in Hongkong currency according to the current rate of ex- change,

(2.) Where an instrument contains a statement of ear- rent rate of exchange, or price, as the case may re- quire, and is stamped in accordance with that statement, it is, so far as regards the subject-matter of the statement, to be deemed duly stamped, unless or until it is shown that the statement is untrue, and that the instrument is in fact insufficiently stamped.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

8. Where the duty with which an instrument is charge- Denoting able depends in any manner upon the duty paid upon stamps. another instrument, the payment of the last-mentioned 54 & 55 Vict. duty shall, upon application to the Collector and produc- tion of both the instruments, be denoted upon the first-men- tioned instrument in such manner as the Collector thinks fit,

e. 39 s. 11.

rection as to

9.-(1.) An instrument, the duty upon which is required General dis or permitted by law to be denoted by an adhesive stamp, the cancella- is not to be deemed duly stamped with an adhesive stamp, tion of adhe unless the person required by law to cancel the adhesive sive stamps. stamp cancels the same by writing on or across the stamp ib. s. S. his name or initials, or the name or initials of his firmi, together with the true date of his so writing, or otherwise effectively cancels the stamp and renders the same incap- able of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time,

(2.) Where two or more adhesive stamps are used to denote the stamp duty upon an instrument, each or every stamp is to be cancelled in the manner aforesaid.

(3.) Every person who, being required by law to cancel an adhesive stamp, neglects or refuses duly and effectually to do so in the manner aforesaid, shall incur a fine of one hundred dollars,

10. Sub-section (1) section 18 of the Principal Ordin- Amendment ance is hereby amended:-

(1.) by the deletion of the word "aud sub-sub-section (b) thereof,

of section 18 (1) of the at the end of Principal

(i.) by the insertion of the word and" at the end

of sub-sub-section (e) thereof,

(iii.) by the insertion after sub-sub-section (c) thereof

of the following new sub-sub-section :--

"(d.) Any money payable under a Policy of Insurance effected by any person ou his life where the Policy is wholly kept up by him for the benefit of a donce whether nominee or assignee or a part of such money in proportion to the premium paid by him where the Policy is partially kept up by him for such

benefit."

Ordinance.

11. Section 18 of the Principal Ordinance as amended Amendment by section 10 of this Ordinance is hereby further amended of section 18 by re-numbering sub-sections (1), (2) and (3) thereof of the Prin- (2), (3) and (4) respectively and by inserting at the com- ance. mencement thereof the following new sub-section :

(1.) In this and the following sections the word

"estate or property or effects

　　　　　　　　　of a deceased person, means the personal estate and effects of whatever kind of such person and includes property passing on the death of such person."

cipal Ordin-

12. Section 23 of the Principal Ordinance is hereby Amendment amended by striking out sub-section 2 and inserting the following in lieu thereof :-

money

of section 23

of the Principal

(2.) Giving receipts or discharges for the payment Ordinance,

of money, or in acquittal of a debt paid in

cf. 54 & 55 Fict. c. 39 S. or otherwise, where the amount paid has been

103. separated or divided with intent to evade the duty."

13. Section 2 of Ordinance No. 19 of 1909 is hereby Amendment amended by inserting the words "at date of death of the of section 2

after the word "value", and by inserting the of No. 19 of passing on death" after the word "effects" in

deceased

words the third line of Article 43.

1909.

14. Section 20 (b) (1) of the Principal Ordinance as Amendment amended by section 2 of Ordinance No. 44 of 1909 is of section 20 hereby amended by inserting the words "at the date of the of the

　　　　　　　　　　　　　　　　　　　　　　Principal death in the case of property passing ou death, or in other Ordinance. cases" after the words "in the Colony were" and by

351

352

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Amendment

of the Sche-

dule to the Principal Ordinance.

Re-number- ing of sec- tions.

Repeals

striking out the word " seven before the words " per

and inserting the word " eight" in lieu thereof.

centum

15. The Schedule to the Principal Ordinance as amended by Ordinance No. 38 of 1902 is hereby amended as fol-

lows :-

(1.) by inserting in Article 14 after the words "Ship's Receipt" the words whether in the form of an Accountable Reccipt or otherwise "; (2.) by substituting "$5" for "$25" in Article 22 :

(3.) by substituting "$10 for $30" in Articles

24 and 31 respectively;

(4.) by adding in Article 41 a new division marked

Floating Policies "

for each endorse-

ment,

up to $1,000... $10

over

$25

and altering the present (c) in the Article to (d); and

(5.) by adding an Article numbered 52 as follows:

Share Warrants to bearer,..

30 Cents for every $100 or part thereof.

16. Whenever the Principal Ordinance shall be printed with the Ordinances amending it sections 14, 15, 16, 17, 18, 19, 21, 22, 23, 24 and 29 shall be renumbered 18, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 31 respectively and see- tions 20 (a) and 20 (b) introduced by Ordinance No. 44 of 1909 shall be re-numbered 24 and 25 respectively and see- tions 4, 5, 6, 7, 8 and 9 of this Ordinance shall be included and re-numbered 13, 14, 30, 15, 16 and 17 respectively.

17. Section 51 of the Companies Ordinance, 1865, is section 51 of hereby repealed.

*Ordinance

No. 1 of 1865.

Passed the Legislative Commeil of Hongkong this 10th day of August, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 24th day of August, 1911.

WARREN BARNES,

Colonial Secretary.

HONGKONG.

No. 35 OF 1911.

An Ordinance to consolidate and amend the Law

relating to the Management of Stamp Duties.

F. D. LUGARD,

Governor.

24th August, 1911.]

Short title.

Ordmaner

to apply

to all stamp

Tuties.

54 & 55 17.

. 38 s. 1.

WHEREAS it is expedient to consolidate and amend the Law relating to the Managenient of Stamp Duties of what-

ever nature :

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be eitel as the Stamp Duties Management Ordinance, 1911.

2. All duties for the time being chargeable by law as stamp duties shall be under the care and management of the Collector, and this Ordinance shall apply to alt such duties and to all fees which are for the time being directed to be collected or received by means of stamps.

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

stamps.

3.-(1.) The Collector may, with the approval of the Power to Governor-in-Council, grant a licence to any person to deal grant licen in unused stamps at any place to be named in the licence. ces to deal in

(2.) The licence shall specify the full name and place of abode of the person to whom the same is granted, and a description of every house, shop, or place, in or at which he is authorised to deal in unused stamps.

(6.) Every person to whom a licence is granted shall give security in the sum of one thousand dollars in such manner and form as the Collector shall prescribe, and, if by bond, the bond shall be exempt from stamp duty.

(4.) One liceuce and one bond only shall be required for any number of persons in partnership, and the licence may at any time be revoked by the Collector.

(5.) Every person licensed to deal in stamps shall cause to be visibly and legibly painted and shall keep so painted in letters of not less than one inch in length on some conspicuous place on the outside of the front of every house, shop, or place in or at which he is licensed to deal in unused stamps, his full name, together with the words "Licensed to sell stamps," and for every neglect or omission so to do shall ou summary conviction incur a fine not exceeding one hundred dollars.

54 & 55 Viet.

. 38 s. 3,

4.--(1.) If any person who is not duly appointed to sell Penalty for and distribute stamps deals in any manner in stamps, with- unauthorised

　　　　　　　　　　　　　　　　　　　　　　　dealing in out being licensed so to do, or at any house, shop, or place stamps, &c. not specified in his licence he shall for every such offence ib, s. 4. incur on summary conviction a fine not exceeding two hundred dollars.

(2.) If any person who is not duly appointed to sell and distribute stamps, or duly licensed to deal in stamps, has, or puts upon his premises either in the inside or on the outside thereof, or upon any board or any material what- ever exposed to public view, and whether the same be affixed to his premises or not, any letters importing or intending to import that he deals in stamps, or is licensed so to do, he shall on summary conviction incur a fine not exceeding one hundred dollars,

5.-(1.) If the licence of any person to deal in stamps Provisions expires or is revoked, or if any person licensed to deal in as to determ stamps dies or becomes bankrupt, and any

such

person at

ination of a licence.

the expiration or revocation of his licence, or at the time 77, 8, 5. of his death or bankruptcy, has in his possession any stamps, such person, or his executor or administrator, or the recei- ver or trustee or official assignee under his bankruptcy, may, within six months after the expiration or revocation of the licence, or after the death or bankruptcy, as the case may be, bring or send the stamps to the Collector.

(2.) The Collector may

such case pay to the person bringing or sending stamps the amount of the duty thereon, it proof to his satisfaction is furnished that the same were actually in the possession of the person, whose licence has expired or been revoked, or so dying or becoming bankrupt, for the purpose of sale, at the time of the expiration or revocation of the licence, or of his death or bankruptcy, and that the stamps were purchasod or procured by that person at any public office, or frem some person duly appointed to sell and distribute stamps, or duly licensed to deal in stamps.

6.--(1.) If any person, whether licensed to deal in Penalty for stamps or not, hawks or carries about for sale or exchange, hawking any stamps, he shall in addition to any other fine or stamps. penalty to which he may be liable incur on summary con- viction a fine of two hundred dollars.

(2.) In default of payment of the fine, on summary conviction the offender shall be imprisoned with or with- out hard labour for any term not exceeding two months.

(3.) All stamps which are found in the possession of the offender shall be forfeited, and shall be delivered to the Collector to be disposed of as he thinks fit.

(4.) Any Police Officer may arrest a person found com mitting an offence against this section and take him be- fore a Magistrate who shall hear and determine the matter.

ib. s. 6.

353

354

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Procedure

allowance.

54 & 55 Vict. * 38 s.9.

Allowance for Spoiled Stamps.

7. Subject to sach regulations as the Governor-in-

for obtaining Council may think proper to make, and to the production of such evidence by statutory declaration or otherwise as the Collector may require, allowance is to be made by the Collector for stamps Spoiled in the cases hereinafter "men- tioned; (that is to say) :-

(1.) The stamp on any material inadvertently and

undesignedly spoiled, obliterated, or by any means rendered unfit for the purpose intended, before the material bears the signature of any person or any instrument written thereon is executed by any party:

(2.) Any adhesive stamp which has been inadver- tently and undesignedly spoiled or rendered unfit for use and has not in the opinion of the Collector been affixed to any material : (3.) Any adhesive stamp representing a fee capable of being collected by means of such stamp which has been affixed to material provided that a certificate from the proper officer is produced to the effect that the stamp should be allowed:

4.) The stamp on any hill of exchange signed by or on behalf of the drawer which has hot been accepted or made use of in any manner what- ever or delivered out of his hands for any pur- pose other than by way of tender for accept-

ance :

(5.) The stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or deli- vered out of his hands :

(6.) The stamp on any bill of exchange or promis- sory note which from any omission or error has been spoiled or rendered useless, although the same, being a bill of exchange, may have been accepted or indorsed, or, being a promis sory note, may have been delivered to the payee, provided that another completed and duly stamped bill of exchange or promissory note is produced identical in every particular, except in the correction of the error or omission, with the spoiled bill or note:

(7.) The stamp used for any of the following instru-

ments; that is to say,

(a.) An instrument executed by any party thereto, but afterwards found to be abso- Intely void from the beginning : ;4.) An instrument executed by any party thereto, but afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended : (c.) An instrument executed by any party thereto which has not been made use of for any purpose whatever, and which by reason of the taability or refusal of sonie necessary party to sign the same or to complete the transaction according to the instrument, is incomplete and in- sufficient for the purpose for which it was intended :

(d.) An instrument executed by any party thereto, which by reason of the refusal of any person to act under the same, or for want of enrolment or registration within the time required by law, fails of the intended purpose or becomes void : (c.). An instrument excented by any party thereto which is inadvertently and un- designedly spoiled, and in lieu whereof another intrument made between the sume parties and for the same purpose is executed and duly stamped, or which becomes useless in consequence of the

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

transaction intended to be thereby ieffected being effected by some other nstrument duly stamped:

Provided as follows :

(a.) That the application for relief is made. within six months after the stamp has been spoiled or become useless or in the case of an executed instrument after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed or within such further time as the Collector may prescribe in the case of any instrument sent abroad for execution or when from unavoidable circumstances any instru- ment for which another has been sub- stituted cannot be produced within the said period;

(5.) That in the case of an executed instru- ment no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence, and that the instru- ment is given up to be cancelled.

54 & 55 Viet. c. 38 s 10.

8. When any person has inadvertently used for an in- Allowance strument liable to duty a stamp of greater value than was for misused necessary, or has inadvertently used a stamp for an instru- stamps. ment not liable to any duty, the Collector may, on application made within two years after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty, cancel and allow as spoiled the stamp so misused.

9. In any case in which allowance is made for spoiled Allowance or misused stamps the Collector may give in lieu thereof how to be other stamps of the same denomination and value, or if made. required, and he thinks proper, stamps of any other de- nomination to the same amount in value.

ih. s. 11.

355

Offences relating to Stamps.

Certain

10. Every person who does, or causes or procures to be done, or knowingly aids, abets, or assists in doing, any of offences in the acts following; that is to say,

relation to dies and

stamps to be

felonies.

(1.) Forges or fraudulently alters a die or stamp

or surcharges any stamp without proper 4 & 55 Fiet. authority, or forges, alters, erases, removes or cancels the authorised surcharge on any ss. 18 & 9.

stamp;

(2.) Prints or makes au impression upon any

material with a forged die ;

(3.) Fraudulently prints or makes an impression

upou any material from a genuine die; (4.) Fraudulently cuts, tears, or in any way removes from any material any stamp, with intent that any use should be made of such stamp or of any part thereof;

(5.) Fraudulently removes or causes to be removed from any instrument any adhesive stamp, or affixes to any other instrument or uses for any postal purpose any adhesive stamp which has been so removed, with intent that the stamp may be used again; or

(6.) Fraudulently mutilates any stamp, with intent that any use should be made of any part of such stamp:

(7.) Fraudulently fixes or places upon any material or upon any stamp, any stamp or part of a stamp which, whether fraududently or not, has been cut, torn, or in any way removed from any other material, or out of or from any other stamp;

c. 38 & 39

356

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Making paper in

imitation of paper used

for stamp duties.

54 & 55 Fiet.

e. 38 s. 11.

Possession

of paper, plates or

(8.) Fraudulently crases or otherwise either really or apparently removes from any stamped material any name, sum, date, or other matter or thing whatsoever thereon written, with the intent that any use should be made of the stamp upon such material; or wilfully removes or attempts to remove from any adhesive stamp any cancelling marks thereon;

(9.) Sells or offers for sale, or utters, any adhesive stamp which has been so removed, or utters any instrument, having thereon any adhesive stamp which has to his knowledge been so removed as aforesaid ;

(10.) Knowingly sells or exposes for sale or utters or uses any forged stamp, or any stamp which has been fraudulently printed or impressed from a genuine die or any stamp from which cancelling marks have been wholly or partially · removed or any stamp the surcharge on which has been forged, altered, erased, removed or cancelled;

(11.) Knowingly, and without lawful excuse (the proof whereof shall lie on the person accused) has in his possession any forged die or stamp or any stamp which has been fraudulently printed or impressed from a genuine die, or any stamp or part of a stamp which has been fran- dulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamp the surcharge on which has been forged, altered. erased, removed or cancelled or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise either really or apparently removed,

shall be guilty of felony, and shall on conviction be liable to be imprisoned with or without hard labour for any term not exceeding seven years.

11. Every person who without lawful authority or excuse (the proof whereof shall lie on the person accused)-

(a.) Makes or causes or procures to be made, or aids or assists in making or knowingly has in his custody or possession, any paper in the substance of which shall appear any words, letters, figures, marks, lines, threads, or other devices peculiar to and appearing in the sub- stance of any paper provided or used by or under the direction of the Collector for re- ceiving the impression of any die, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate or pass for the same; or (5.) Causes or assists in causing any such words, letters, figures, marks, lines, threads, or devices. as aforesaid, or any part of such words, letters, figures, marks, lines, threads, or other devices, and intended to imitate or pass for the same, to appear in the substance of any paper what-

ever,

shall be guilty of felony, and shall on conviction be liable to be imprisoned with or without hard labour for any term not exceeding two years.

12. Every person who without lawful authority or excuse (the proof whereof shall lie on the person accused) dies used for purchases or receives or knowingly has in his custody or stamp duties, possession-

ib. s. 15.

(a.) Any paper manufactured and provided by or

under the direction of the Collector, for the purpose of being used for receiving the in- pression of any die before such paper shall have been duly stamped and issued for public

use; or

(b.) Any plate, die, dandy-roller, mould, or other implement peculiarly used in the manufacture of any

such paper,

་

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

shall be guilty of a misdemeanour, and shall on conviction be liable to be imprisoned with or without hard labour for any term not exceeding two years.

13. On information given before a Magistrate upon oath Proceedings that there is just cause to suspect any person of being for detection

of forged guilty of any of the offences aforesaid, such Magistrate may, ie, by a warrant under his hand, cause every house, room, 54 & 55 Viet. shop, building, or place belonging to or occupied by the e. 38 s. 16. suspected person, or where he is suspected of being or having been in any way engaged or concerned in the com- mission of any such offence, or of secreting any machinery, implements, or utensils applicable to the commission of any such offence, to be searched by a European Police Officer, and if upon such search any of the said several matters and things are found, the same may be seized and carried away, and shall afterwards be delivered over to the Collector.

stolen or

14.-(1.) Any Magistrate having knowledge of the Proceedings concealment or deposit of any stamps, may, upon reason for detection able suspicion that the same have been stolen or fraudu- of stamps lently obtained, issue his warrant to a European Police obtained Officer for the seizure thereof, and for apprehending and fraudulently. bringing before himself or any other Magistrate the per- i. s. 17. son in whose possession or custody the stamps may be found, to be dealt with according to law.

(2.) If the person does not satisfactorily account for the possession of the stamps or it does not appear that the same were lawfully purchased by him, the stamps shall be forfeited, and shall be delivered over to the Collector.

(3.) Provided that if at any time within six months after the delivery any person makes out to the satisfaction of the Collector that any stamps so forfeited were stolen or otherwise fraududently obtained from him such stamps may be delivered up to him.

15.-(1.) If any forged stamps are found in the posses- Licensed sion of any person appointed to sell and distribute stamps, person in or being or having been licensed to deal in stamps, that possession of

　　　　　　　　　　　　　　　　　　　　　　　forged person shall be deemed and taken, unless the contrary is

　　　　　　　　　　　　　　　　　　　　　　　stamps to be satisfactorily proved, to have had the same in his possession presumed knowing them to be forged, and with intent to sell, use, or guilty until utter them, and shall be liable to the punishment imposed contrary is by law upon a person selling, using, uttering, or having in possession forged stamps knowing the same to be forged.

(2.) If a Magistrate has canse to suspect any such person of having in his possession any forged stamps, he may by warrant under his hand authorise any European Police Officer to enter between the hours of nine in the morning and seven in the evening into any house, room, shop, or building of or belonging to the suspected person, and if on demand of admittance, and notice of the warrant, the door of the house, room, shop, or building, or any inner door thereof, is not opened, the authorised Police Officer may break open the same and search for and seize any stamps that may be found therein or in the custody or possession of the sus- pected person.

(3.) All Police Officers are hereby required, upon request by any person so authorised, to aid and assist in the execu tion of the warrant.

(4.) Any person who-

(a.) Refuses to permit any such search or seizure to

be made as aforesaid; or

(b.) Assaults, opposes, molests, or obstructs any per- son so authorised in the due execution of the powers conferred by this section or any person acting in his aid or assistance,

and any Police Officer who upon any such request as afore- said, refuses or neglects to aid and assist any person so authorised in the due execution of his powers shall incur a fine of five hundred dollars.

shown. ib. s. 18.

16. Where stamps are seized under a warrant, the per- Mode of pro- son authorised by the warrant shall, if required, give to the ceeding person in whose custody or possession the stamps are found when stamps an acknowledgment of the number, particulars, and amount. 8. 19. of the stamps, and permit the stamps to be marked before the removal thereof.

are seized.

357

358

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

As to deface- meut of adhesive

stamps.

54 & 55 Vict. c. 38 s. 20.

Penalty for

frauds in relation to duties.

ib. 8. 21.

As to dis-

of dies. ib. # 22.

17. Every person who by any writing in any manuer defaces any adhesive stamp before it is used shall incur a tine of fifty dollars: Provided that any person may with the express sanction of the Collector, and in con- formity with the conditions which be may prescribe, write upon or otherwise appropriate an adhesive stamp before it is used for the purpose of identification thereof.

18. Any person who practises or is concerned in any fraudulent act, contrivance, or device, not specially pro- vided for by law, with intent to defraud His Majesty of any duty shall incur a fine of five hundred dollars.

Miscellaneous.

19. Whenever the Collector determines to discontinue continuance the use of any die, and provides a new die to be used in lieu thereof, and gives public notice thereof in the Gazette, then from aud after any day to be stated in the notice (such day not being within one mouth after the same is so published) the new die shall be the only lawful die for denoting the duty chargeable in any case in which the discontinued die would have been used; and every instrument first executed by any person, or bearing date after the day so stated, and stamped with the discontinued die, shall be deemed to be not duly stamped :

Application

Provided as follows:

(a.) If any instrument stamped as last aforesaid, and first executed after the day so stated at any place out of the Colony, is brought to the Collector within fourteen days after it has been received in the Colouy, then upon proof of the facts to the satisfaction of the Collector the stamp thereon shall be cancelled, and the instrument shall be stamped with the same amount of duty by means of the lawful die, without the payment of any penalty :

(b.) All persons having in their possession any material stamped with the discontinued die, and which by reason of the providing of such new die has been rendered useless, may at any time within six months after the day stated in the notice send the same to the chief office or one of the head offices, and the Collector may thereupon cause the stamp on such material to be cancelled, and the same material, or, if the Collector thinks fit, any other material, to be stamped with the new die, in lieu of and to an equal amount with the stamp so cancelled.

　20. The provisions of this Ordinance in reference to of Ordinance offences relating to stamps shall apply to any label now or to excise hereafter provided by Government for denoting any duty labels.

of excise, and any label so provided shall be deemed to be included in the term "stamp" as defined by this Ordinance.

ib. s. 23.

Definitions, ib. s. 27.

21. In this Ordinance, unless the context otherwise requires-

The expression "Collector" means the Collector of

Stamp Revenue :

The expression "duty meaus any stamp duty for the time being chargeable by law including postage: The expression "material includes every sort of material upon which words or figures can be expressed:

The expression "instrument" includes every written

document:

The expression "die" includes any plate, type, tool, or implement whatever used in the manufacture of any adhesive stamp or for expressing or deuot- ing any duty, or rate of duty, or the fact that any duty or rate of duty or penalty has been paid, or that an instrument is duly stamped, or is not chargeable with any duty or for denoting any fee, and also any part of any such plate, type, tool, or implement :

The expressions "forge" and "forged" include coun-

terfeit and counterfeited or fictitious:

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

The expression stamp" means as well a stamp ́im- pressed by means of a die as an adhesive stamp for denoting any duty or fee, and shall include any label or stamp for denoting a rate of postage or any envelope, wrapper, card, form or paper, words, letters or marks purporting to authorise the transmission by post of any correspondence whether such stamp is issued by the Government of Hongkong or by the Postmaster General of the United Kingdom or by the Government of any British Possession or of any foreign country : The expression "stamped" is applicable as well to instruments and material impressed with stamps by means of a die as to instruments and material having adhesive stamps affixed thereto :

The expressions "executed" and "execution", with reference to instruments not under scal, mean signed and signature.

£2. The Postmaster General shall have and shall be Postmaster entitled to exercise all the powers of the Collector under General to this Ordinance in respect of all matters affecting the Post Office of the Colony.

have powers of Collector in matters affecting Post Office.

23. The enactments specified in the Schedule to this Repeal. Ordinance are hereby repealed from and after the com- incucement of this Ordinance to the extent specified in the third column of that Schedule.

Passed the Legislative Council of Hongkong this 10th day of August, 1911.

359

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 24th day of August, 1911.

No. & year,

16 of 1901.

WARREN BARNES,

SCHEDULE.

Title.

Colonial Secretary,

Extent of Repeal.

6 of 1900.

An Ordinance to consolidate | Sections 13, and amend the Laws relating 25, 26, 27, to Stamps and Stamp Duty, 28 and 30.

An Ordinance to consolidate and amend the Laws relating to the Post Office.

Section 34 sub - section (1) (d) ex- eept the words

"fraudu- lently

re-

moving any

postage

stamp from

any corres-

pondence", Section 36 sub-sections (1) (e) and ().

360

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG.

No. 36 OF 1911.

An Ordinance to amend the Code of Civil Pro-

cedure.

F. D. LUGARD, Governor.

>hort title

and con- struction.

Ordinance

[25th August, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Cede of Civil Procedure Amendment Ordinance, 1911, and the references to chapters and sections in this Ordinance are to chapters and sections in the Code of Civil Procedure.

2. In section 2 after the definition of This Code** No. 3 of 1901, there shall be inserted the following definition:-

Amends section 2.

16. Repeals section 3.

Zb. Amends section 4.

b. Amends section 36.

Zb. Amends

section 37.

Ib. An ends section 49.

"The Hongkong Code of Civil Procedure" means the Code of Civil Procedure established by Ordinance No. 13 of 1873, and repealed by Ordinance No. 6 of 1901 (both as numbered be- fore the coming into force of Ordinance No. 12 of 1900); and the expression shall have the same meaning when used in any other Ordinance."

3. In section 3, the words "Subject to the provisions of any statute, rule, or order relating thereto are repealed.

4.-(1.) Section 4 shall be renumbered section 4 (1) and shall be amended by the deletion of the words "for the time being in force in the Supreme Court in England and the substitution therefor of the words "in force in the Supreme Court in England on 31st December, 1911": and by the addition of the following proviso :-

"Provided that where any subject dealt with in such Rules of Practice is provided for wholly or in part in this Code, the English rule shall be deemed not to be in force in the Court."

(2.) There shall be added to section 4 so amended as aforesaid the following new sub-section :-

(2.) It shall be lawful for the Judges to amend the rules contained in this Code and make other rules as occasion may require, provided that every such amended rule or new rule shall not have effect until approved by the Legisla-- tive Council."

5. In section 36, the words "a British Corporation shall be deleted and there shall be substituted therefor the words a company or corporation created by Charter, Letters Patent or by or under any Ordinauce which has its principal officer or its principal office or its principal place of business or registered office in the Colony".

6. In section 37 the first two lines thereof shall be deleted and there shall be substituted therefor the words When the action or other proceeding is against any cor- poration or company which does not fall within the pro- visions of the last section, but which has an office and carries on business in ".

7. In section 49, the words "to serve notice of motion shall be deleted and there shall be substituted therefor the words to apply by summons ",

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

8. In section 52, the words from "But it shall not be Ib. Amends obligatory to the end shall be deleted.

section 52.

9. Section 83 shall be renumbered section 83 (1) and 75, Adds a there shall be added thereto the following sub-section :---

new sub- section to

"(2.) 'Estate' in this and in all other sections section 83.

shall have the same meaning as in the Pro-

bates Ordinance, 1897, as amended by subsc- quent Ordinances.

10.-(1.) The first part of section 117 down to the pro- 76. Amends viso shall be deleted and there shall be substituted therefor sections 117, 120 and 149. the words :-

Nothing in this Code shall affect the right of any defendant to plead not guilty by statute or Ordinance; and every such defence shall have the same effect as a plea of not guilty by statute has in England."

(2.) In section 120, after the words "by statute" there shall be inserted the words "or Ordinance".

..་

(3.) In section 149, after the words "by statute there shall be inserted the words or by Ordinance, as the case -may be ".

11. Section 133 is repeale 1.

Ib. Repeals Section 133.

12. In section 135, the third sub-section is repealed and 75. Amends replaced by the following:-

(3,) Where leave to defend is given under section 23 or 24, it shall not be necessary to file a fur- ther statement of claim, unless otherwise ordered at the hearing of the summons for judgment."

section 135.

13.-(1.) Section 347 shall be repealed and there shall 7b. Amends be substituted therefor the following section :----

sections 347 and 348.

347. If the judgment of the Court is reserved at Reserved

the trial the Court shall, either then or on some Judgment. subsequent day cause the parties to be informed

of the day on which judgment will be deli- vered."

(2.) In sub-section (2) of section 348 the words "served with notice to attend and hear judgment" shall be deleted and there shall be substituted therefor the words "informed

of the day on which judgment will be delivered".

14. In section 349, after the words "Provided that the I. Amends Court may there shall be inserted the words "on good section 349. cause shown".

15. In section 368, the second sub-section is repealed !Ib. Amends and the figure " (1)".

[section 368.

16. In section 386, the second sub-section is repealed,17. Amenas and replaced by the following:-

"(2.) The order for inmediate execution shall be in writing and shall be sufficient authority to the bailiff to proceed at once to excention of, the judgment by seizure of the person of the party against whom judgment is given; pro- vided that the party obtaining the order shall. as soon thereafter as practicable, comply with the requirements of the following section: Pro- vided further that if the party against whom the order has been made satisfies the Judge that he has sufficient means and intends to satisfy the judgment, the Judge may discharge the order for immediate execution."

17. Section 389 is repealed.

18. Section 443 shall be amended as follows:-

(4.) in sub-section (1) thereof by the deletion of the word "apply" and the substitution therefor of the words "make written application "; (b.) in sub-section (2) thereof by the insertion after the word "affidavit at the end thereof of the words "and shall be forwarded by the appli- cant's solicitor, or, if he have no solicitor, by the Superintendent of the Gaol, to the Registrar ";

section 386.

16. Repeals section 389.

Ib. Amends section 443,

361

362

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

b. Amends

sections 478. 479, and 180.

Ib. Repeals section 565.

Th. Amends section 570.

Ib. Amends

(c.) in sub-section (3) thereof by the deletion of the words "Ou the application being made and by the substitution therefor of the words On the application being received, the Registrar shall forthwith bring it to the notice of the Court and"; (d.) in sub-section (3) thereof by the deletion of the words "appear on the hearing of and the substitution therefor of the words "signify his intention of appearing and opposing ";

(c.) by the addition at the end of sub-section (3)

thereof of the following proviso:--

"Provided always that the judgment creditor shall not be allowed to appear and oppose the application unless within the period fixed as aforesaid he shall have signified in writing to the Registrar his intention of so appearing and opposing the applica- tion":

(1.) in sub-section (4) thereof by the deletion of

the words "it shall make an order to that effect and the substitution therefor of the words "or if the judgment creditor shall not have signified his intention as aforesaid, it shall order the release of the judgment debtor".

with the consent

19.--(1.) In section 478 the words ja writing of the Governor," shall be deleted.

(2.) In section 179, after the word "service" there shall be inserted the words "of a sealed copy

(3.) Sub-section (1) of section 480 shall be amended by the insertion after the word "Governor" of the words "whose consent shall be necessary to the continuance of the action. Such consent may be withheld upon such grounds as would justify the Attorney General of England in refusing his fiat."

20. Sections 565 is repealed.

21. Section 570 shall be renumbered as section 570 (1) and a new sub-section shall be added as follows:-

(2.) The surety or sureties for the appearance of the defendant or either or any of them may at any time apply to a Judge to be discharged from his or their obligation.

On such application being made the Judge shall summon the defendant to appear; or, if necessary, he may issue a warrant for his arrest in the first instance.

On the appearance of the defendant pur- suant to the summons or warrant, or on his voluntary surrender, the Court shall direct the surety or sureties making application under this section to be discharged from his or their obligation, and shall call upon the defendant to find fresh security, whereupon the provisions of section 569 (2) shall again apply."

22. In section 395, sub-section (2) is repealed, and the

section 595. figure "(1)".

1. Repeals Chapter XXIX.

Ib. Renum-

23. Chapter XXIX (section 623) is repealed.

24. Chapters XXX and XXXI shall be re-numbered

bers Chapters XXIX and XXX respectively.

XXX and

XXXI.

Ib. Adds a proviso to section 624.

Ib. Amends section 627,

• 1b. Repeals section 693.

25. In section 624, the following is added:-

"Provided that he shall not be allowed his costs in respect of counsel's fees, unless the Judge certifies that the case is fit for counsel."

26. In section 627, in paragraph (7) the words "the determination of " shall be deleted.

27.' Section 693 is repealed.

THE HONGKONG. GOVERNMENT GAZETTE, AUGUST 25, 1911.

28.-(1.) Before section 42 there shall be inserted the 17. Adds a heading "Service out of the Jurisdiction".

new heading

to and amends

(2.) The first line of sub-section (1) of section 42 shall be amended by the insertion of the words "of a writ of section 42. summons or notice of a writ of summons after the word "jurisdiction".

(3.) The following paragraphs shall be added to section

42:

"(4.) When the defendant is neither a British subject nor in British dominions, notice of writ, and not the writ itself, is to be served upon him. (3.) Where leave is given under this section to serve notice of a writ of summons out of the jurisdication, such notice shall be served in the manner in which writs of summons are served; and whenever in any section of this Code a writ of summons and service of a writ of summons out of the jurisdiction is referred to, it shall be held to apply, mutatis mutandis, where the defendant is not a British subject, to notice of a writ and the serving of notice of writ - of summons respectively."

(4.) Section 13 is repealed and replaced by the follow- 17. Amends ing:-

section 13.

"No writ for service out of the jurisdiction, or of which notice is to be given out of the juris- diction, shall be issued without leave of the Court.

(5.) Section 25 (2) is repealed and replaced by the 7b. Amends following:-

"A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service (or whereof notice in lieu of service is to be given) out of the jurisdiction, and a writ for service (or whereof notice in lieu of service is to be given) out of the jurisdiction, may be issued and marked as a concurrent writ with one for service within the jurisdiction,"

section 25,

(6.) In section 42 (2), after the words "probably may 1b. Amends be found", there shall be inserted the words "and whether section 42. such defendant is a British subject or not ".

29. The following further paragraphs shall be added to section 42:-

(6.) This section shall apply to writs of summons and notices of writs of summons in Probate actions.

(7.) The Court or a Judge may direct that any summons, order or notice shall be served on any party or person in a foreign country and· the procedure prescribed by this section with reference to service of notice of writ of summons. shall apply to the service of any summons, order or notice so directed to be served.

(8.) Where leave is given to serve notice of a writ of summons, or other document, in any foreign country to which Order XI rule 8 of the Rules of the Supreme Court in England has by order of the Lord Chancellor been applied, the Following procedure shall be adopted :- (4) The notice to be served shall be sealed with the seal of the Court and shall be forward- ed by the Judge to the Colonial Secretary, together with a copy thereof translated into the language of the country in which service is to be effected, and with a request that the necessary steps be taken for the transmission of the same, through the proper channels, to the Government of the country in which leave to serve notice of the writ has been given, Such request shall be in form 8c in the schedule, with such variations as circumstances may re-

Do.

363

364

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

(77.) The party bespeaking a copy notice of writ for service under this section shall, at the time of bespeaking the same, file a præcipe in form 8e in the schedule.

(17.) An official certificate, or declaration upon oath, or otherwise transmitted through the diplomatic channel by the Government or Court of a foreign country to which this section applies, to the Supreme Court, shall, provided that it certifies or declares the notice of the writ to have been personally served or to have been duly served upon the defendant in accordance with the law of such foreign country, or words to that effect, be deemed to be sufficient proof of such service, and shall be filed of record as, and Le equivalent to, an affidavit of service within the requirements of this section in that behalf.

(in.) Where an official certificate or declaration, transmitted to the Supreme Court in man- ner provided in the last sub-section, certifies or declares that efforts to serve a notice of writ have been without effect, the Court or a Judge may, upon the ex parte applica- tion of the plaintiff, order that the plaintiff be at liberty to bespeak a request for

substituted service of such notice. Such order shall be in form 8e in the schedule with such variations as circumstances may require.

(v.) A request for substituted service of a notice of writ under this section may be bespoken by the plaintiff at the Registry upon filing a præcipe in form Se in the schedule, and the notice of writ and copy of the same, and the order shall be sealed and transmit- ted to the Colonial Secretary in manner aforesaid together with a request in form 8d in the schedule, with such variations as circumstances may require.

(9.) Where in any civil or commercial matter pending before a Court or Tribunal of a foreign country a letter of request from such Court or Tribuial for service on any person in this Colony of any process or citation in such matter is transmitted to the Supreme Court by the Colonial Secretary with an intimation that it is desir- able that effect should be given to the same, the following procedure shall be adopted :-- (i.) The letter of request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process or citation to be served, and two copies thereof in the English lan- guage.

(17.) Service of the process or citation shall be

effected by the bailiff.

(iii.) Such service shall be effected by deliver- ing to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the practice of the Court regulating service of process.

(v.) After service has been effected the bailiff shall return to the Registrar one copy of the process, together with an affidavit of service verified by notarial certificate, and particulars of charges for the cost of effect- ing such service.

(r.) The Registrar shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service. A copy of such charges

and ecrtificate shall be forwarded to the Colonial Secretary.

(ri.) The Registrar shall send to the Colonial Secretary the letter of request for service received from the foreign country, together with the affidavit of service, with a cer

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

tificate appended thereto duly sealed with the seal of the Court. Such certificate shall be in form 87 in the schedule. (rii.) Upon the application of the Crown So- licitor with the consent of the Attorney General, the Court or a Judge may make all such orders for substituted service or otherwise as may be necessary to give effect to this section."

30. The forms in the schedule shall be substituted for?. Adds existing forms in or added to the schedule of the Code of forms to the Civil Procedure, according to the numbers given to them,

Passed the Legislative Council of Hongkong, this 24th day of August, 1911.

schedule.

365

C. CLEMENTI.

Clerk of Councils,

Assented to by His Excellency the Governor, the 25th day of August, 1911.

WARREN BARNES,

Colonial Secretary.

SCHEDULE OF FORMS.

FORM No. 7.

WRIT FOR SERVICE OUT OF THE JURISDICTION, OR WHEN NOTICE IN LIEU OF SERVICE IS TO BE GIVEN OUT OF THE JURISDICTION.

(Title, &c.) (a)

GEORGE THE FIFTH, by the grace of God, &c.

To C. D., of

We command you, C. D., That within

[here insert the number of days directed by the Court or Judge ordering the service or notice after the service of this writ [or notice of this writ, as the case may be on you, inclusive of the day of such service, you do cause an appearance to be entered for you in the

Juris-

diction of the Supreme Court of Hongkong in an action at the suit of A, B.; and take notice, that in default of your so doing the plaintiff may proceed therein, and judgment may be given in your absente. Witness, &e.

Memoranda to be subscribed on writ.

N.B. This writ is to be served within twelve calendar months from the date hereof, or, if renewed, within six calendar months, including the day of such date, and not afterwards.

The defendant (or defendants) may appear hereto by entering an appearance for appearances) either personally or by a solicitor at the Registry of the Supreme Court, Hongkong,

Indorsements to be made on the writ before issue thereof.

The plaintiff's claim is for, &c. (b)

The writ was issued by the plaintiff who resides

or, this writ was issued by E. F. of

whose address for service is

the said plaintiff, who resides at

issued by C. H.,

agent for

Solicitor for,

or, this writ was

whose address for service

Solicitor for the said plaintiff, who resides at

(mention the city, town, or village, also the name of the, street and number of the house of the plaintiff's residence, if any).

366

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

N.B. This writ is to be used where defendant or all the defendants or one or more defendant or defendants is or are out of the jurisdiction.

When the defendant to be served is not a British subject, and is not in British dominions, notice of the writ, and not the writ itself, to be served

pon him.

Indorsements to be made on the writ (e) before issue

thereof.

This writ was served by me at

on the defendant

the

day of

Indorsed the

day of

(Signed)

(Address)

Notes.-(a.) If the action is for administration the writ. must be headed "In the matter of the Estate of

deceased ". If it

is a debenture holder's action the writ must be headed in the matter of Company. (b.) if the claim is for a debt or liquidated demand only the indorsement, even though not special, must include a claim for four- day costs.

(c.) Within three days.

must be on any

[Note.--The above indorsement " N.B. concurrent writ for service out of the jurisdiction, or of which notice is to be served out of the jurisdiction. The indorsement "N.B." need not be made on a writ against defendants domiciled abroad, but whom it is intended to serve within the jurisdiction.]

FORM NO. 8.

SPECIALLY INDORSED WRIT FOR SERVICE

OUT OF THE JURISDICTION,

(Title)

GEORGE THE FIFTH, by the grace of God, &c., to

in the

We command you, That within*

days after servicet

of this writ on you, inclusive of the day of such service, you cause an appearance to he entered for you in an action at the suit of

And take notice, that in defanit of your so doing the plaintiff may proceed therein, and judgment be given in your absence:

Witness, &c.

N.B.-This writ is to be used, &c. as in Form No, 2a,

supra.]

Appearance is to be entered at the Registry of the Su

preme Court, Hongkong.

Statement of Claim:

The plaintiff's claim is

Particulars :-

Place of trial

And

for

taxation for costs. plaintiff'

or h

(Signed)

such sum as may be allowed on If the amount claimed is paid to the

solicitor

or agent within* days from servicet hereof, further proceedings will be stayed.

This writ was issued, &c. [see Form 5 supra.]

This writ [or notice of this writ] was served, &c.

N.B.-This writ is to be used, [as in Form No. 1 supra.]

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

FORM No. Sa.

NOTICE OF WRIT IN LIEU OF SERVICE TO BE

GIVEN OUT OF THE JURISDICTION.

367

(Title, &c.)

To G.H., of

Take notice, that A.B., of

action against you, G.H., in the

has commenced an Jurisdiction of the

Supreme Court of Hongkong by writ of that Court, dated

A.D.

the day of

19 ; which writ is indorsed as follows [copy in full the indorsements], and you are required within

days after the receipt

of this notice, inclusive of the day of such receipt, to de- fend the said action, by causing an appearance to be entered for you in the said Court to the said action; and in default of your so doing, the said A.B. may proceed therein, and judgment may be given in your absence.

You may appear to the said writ by entering an appear- ance personally or by your Solicitor at the Registry of the Supreme Court Hongkong.

(Signed)

A.B. of

or X.Y, of

&c.

Solicitor for A.B.

N.B.-This notice is to be used where the person to be served is not a British subject, and is not in British dominions.

FORM NO. 8b.

LETTER FORWarding ReqUEST FOR SERVICE ABROAD.

The Chief Justice of the Supreme Court of Hongkong presents his compliments to the Colonial Secretary and begs to enclose a notice of a writ of summons issued in an

action of

Versus

pursuant to order out of the Supreme Court of Hongkong in order that necessary steps may be taken to ensure its trausmission to the

　　　　　　in [name of country] with the request that the same may be served personally upon [name of defendant to he served] against whom proceedings have been taken in the said Supreme Court, and with the further request that such evidence of the service of the same upon the said defendant may be off- cially certified to the said Supreme Court, or declared upon oath, or otherwise, in such manner as is consistent with the usage or practice of the Courts of the [name of country] in proving service of legal process.

The Chief Justice begs further to request that in the event of efforts to personal service of the said notice of writ proving ineffectual the Government or Court of the said country be requested to certify the same to the said Supreme Court.

FORM NO. 8e.

REQUEST FOR SERVICE OF NOTICE ABROAD.

(Title, $e.)

I (or we) hereby request that a notice of writ of sum- mons in this action be transmitted through the proper channel to [name of country] for service on the defendant [naming him] at [address of defendant] or elsewhere in [name of country].

And I (or we) hereby personally undertake to be respon- sible for all expenses incurred by the Colonial Secretary in respect of the service hereby requested, and on receiving due notification of the amount of such expenses I (or we) undertake to pay the same to the Chief Clerk at the Colonial Secretary's Office, and to produce the receipt for such payment to the proper officer of the Supreme Court.

Dated, &c.

(Signature of Solicitor.)

368

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

FORM No. 8d.

LETTER FORWARDING REQUEST FOR

SUBSTITUTED SERVICE.

(Title, &c.)

The Chief Justice of the Supreme Court presents his compliments to the Colonial Secretary and begs to enclose a notice of a writ of summons in the case of

versus

in which the plaintiff has obtained an order of the Supreme Court (which is also enclosed) giving leave to bespeak a request that the said notice of writ may be served by substituted service on the defondant

in the [name of country].

The Chief Justice requests that the said notice of writ and order may be forwarded to the proper authority in [name of country] with the request that the same may be transmitted by post addressed to the defendant at

(the last known place of abode or the place of business) of the said defendant, or there delivered in such manner as may be consistent with the usage or practice of the Courts of [name of country] for service of legal process where personal service cannot be effected ; and with the further request that the same may be officially certified to the Supreme Court of Hongkong or declared! upon oath, or otherwise, in such manner as is consistent with the practice of the Courts of the [name of country] in proving service of legal process.

FORM No. Se.

ORDER TO BESPEAK REQUEST FOR SERVICE ABROAD,

(Title, $e.)

Upon reading the certificate, declaration, or, as the case may be, describing the same.]

It is ordered that the plaintiff be at liberty to bespeak a request for substituted service of notice of the writ of summons herein on the defendant

, or elsewhere in the [name of country] and that the said defendant have

　　　　　　　　　　　　　days after such substituted service within which to enter appearance.

Dated this

day of

FORM NO. 81.

CERTIFICATE OF SERVICE OF FOREIGN PROCESS,

Master of the Supreme Court of Judicature in England hereby certify that the documents annexed hereto are as follows :

(1.) The original letter of request for service of process received from the Court or Tribunal

in the

the matter of

Versus

ami:'

(2.) The process received with such letter of request,

...and :

(3.) The evidence of service upon

the

person named in such letter of request, together with the verification of a Notary Publié.

And I Certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the English Supreme Court regulating the service of English legal process in England, and the proof thereof.

And I Certify that the cost of effecting such service, as duly certified by the Taxing of the English Supreme Court, amounts to the sum of

Dated this

day of

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

HONGKONG.

No. 37 OF 1911.

An Ordinance to further amend the Protection

of Women and Girls Ordinance, 1897.

F. D. LUGARD, Governor.

369

[25th August, 1911.]

BE it enacted by the Governor of Hongkong, 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, 1911.

13 (1) of

2. The Protection of Women and Girls Ordinance Further 1897, as amended by subsequent Ordinances, is hereby amends further amended in sub-section (1) of section 13 thereof section by the deletion of the words "he may order the occupier Ordinance or keeper to discontinue such use of it; and if such order No. 4 of is not complied with within such time as the Magistrate 1897. may by his order direct, the Magistrate may impose" and by the substitution therefor of the words "" he shall order the occupier or keeper to discontinue such use of it ; and if such order is not complied with within such time, not exceeding one week, as the Magistrate may by his order direct, the Magistrate shall impose ".

Passed the Legislative Council of Hongkong, this 17th day of August, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 25th

day of August, 1911.

WARREN BARNES,

Colonial Secretary.

HONGKONG,

No. 38 of 1911.

An Ordinance for the Establishment of a Hospi- tal for the care and treatment of Chinese pati; ents in the Kowloon Peninsula.

F. D. LUGARD, Governor,

[25th August, 1911.]

WHEREAS Subscriptions have been raised to build a hos- pital for the care and treatinent of Chinese patients in Kowloon; and whereas His Majesty the King has been graciously pleased by way of endowment of the said hos- pital to consent to the grant of a piece of Crown Land as

site for the erection thereof; and whereas the buildings of the said hospital are now nearing completion and the subscribers desire to surrender the said hospital to the body politic and corporate known as The Tung Wa Hos- pital; and whereas it is desirable to make special provision for the management of the said hospital :

370

THE HONGKONG GOVERNMENT GAZETTE, AUGUST 25, 1911.

Short title.

Definitions.

Extension of power and

Direction to the Kwong Wa Hospi- tal.

Be it therefore enacted by the Governor of Hongkong, with the advice and consent of the Legislative Comucil thereof, as follows:-

1. This Ordinance may be cited as the Tang Wa Hos- pital Extension Ordinance, 1911.

2. The Hospital in course of erection on Kowloon In- land Lot 1213 shall be known as the Kwong Wa Hospital.

Board of Direction means Board of Direction of the Tung Wa Hospital.

3. From and after the commencement of this Ordinance the body politic and corporate which is referred to in the liabilities of Tung Wa Hospital Incorporation Ordinance, 1870, as the the Tung Wa Hospital Tung Wa Hospital shall possess the same powers and Corporation rights and be subject to the same liabilities and responsibi- and Board of lities in connexion with the Kwong Wa Hospital as it possesses and is subject to with regard to the hospital which is known as the Tung Wa Hospital; and the Board of Direction for the time being of the Tung Wa Hospital shall have and exercise the same powers and rights and be subject to the same liabilities and responsibilities in con- nexion with the Kwong Wa Hospital as they have and exercise and are subject to in connexion with the Tung Wa Hospital, and moreover the provisions of sections 14, 16 and 17 of the said last-mentioned Ordinance shall apply to the Kwong Wa Hospital in the same way as such pro- visions now apply to the Tung Wa Hospital.

Management.

Staff.

Local Board.

Small-pox Hospital.

4. The Board of Direction shall have power to appoint any person approved by the Governor as manager of the Kwong Wa Hospital. Any person so appointed shall, subject to such regulations as inay from time to time be made by the Board of Direction, undertake and exercise the immediate supervision and management of the Kwong Wa Hospital.

The manager shall be responsible to the Board of Di- rection for the management of the hospital and for the conduct of the staff, and all orders of the Board of Direc-

ion shall be conveyed through him.

5. The Board of Direction shall also appoint all the other members of the staff of the hospital.

One of the members of the staff of the Kwong Wa Hos- pital shall be Chinese medical practitioner trained in European medicine, who shall be in charge of the patients who desire European treatment, He shall be removable from office by the Board of Direction with the consent of the Governor and not otherwise.

6. The Board of Direction shail have power, subject to the approval of the Governor-in-Council, to appoint a Local Board consisting of subscribers to the Kwong Wa Hospital who are resident in Kowloon, and, subject to the like approval, to make regulations regarding the duties and constitution of the Local Board, the term of office of its members and the method of their appointment. Provided always that the manager of the Kwong Wa Hospital shall be er officio Chairman of the Local Board.

7. The small-pox hospital now under course of erection by the Tung Wa Hospital on Kowloon Inland Lot 1264 shall be considered to be part of the Kwong Wa Hospital and this Ordinance shall apply equally to it as to the Kwong Wa Hospital.

Passed the Legislative Council of Hongkong, this 17th day of August, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 25th

day of August, 1911.

WARREN BARNES,

Colonial Secretary.

}

374 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 251. 251.

CIRCULAR.

DOWNING STREET,

18th July, 1911.

　　　　SIR.-I have the honour to transmit, for your information and for publication in the Colony under your government, a copy of a letter which His Majesty the King has been graciously pleased to address to his people at the conclusion of the ceremonies connected with Their Majesties' Coronation.

The Officer Administering the Government of

I have, etc,

L. HARCOURT.

HONGKONG.

WHITEHALL,

15th July, 191:.

　　　　The following letter from the KING was received by the Secretary of State for the Home Department on the 29th June, 1911 :---

BUCKINGHAM PALACE,

29th June, 1911.

TO MY PEOPLE,

　　　　Now that the Coronation and its attendant co: emonies are over, I desire to assure the people of the British Empire of my grateful sense that their hearts have been with me through it all.

I felt this in the beautiful and impressive Service in the Abbey-the most solemn experience of my life--and scarcely less in the stirring scenes of the succeeding days, when my people have signified their recognition and their heartfelt welcome of me as their Sovereign. For this has been apparent, not only in the loyal enthusiasm shown in our passage to and from Westminster and in the Progresses which we have made in different districts of London. but also in the thousands of messages of goodwill which have come to me across the seas from every part of the Empire. Such affectionate demonstrations have profoundly touched me, and have filled me afresh with faith and confidence. Believing that this generous and outspoken sympathy with the Queen and myself is, under God, our surest source of strength, I am encouraged to go forward with renewed hope. Whatever perplexi- ties or difficulties may lie before me and my people. we shall all unite in facing them reso- lutely, calmly, and with public spirit, confident that, under Divine guidance, the ultimate outcome will be to the common good.

GEORGE R.I.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

No. 252.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 17.

THURSDAY, 24TH AUGUST, 1911.

375

PRESEN :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.Ö.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES ·

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE BARNEs).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MacDonald Thomson).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES HENDERSON Ross.

爷爷

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

　　　The Minutes of the last Meeting, held on the 17th August, 1911, were read and confirmed.

　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 54 and 55, and moved that they be referred to the Finance Committee :---

No. 54.-- Public Works, Extraordinary, Resumption of Land in

Survey District I....................

No. 55.-Public Works, Extraordinary, Prison Extension,

The Colonial Treasurer seconded.

.$650.

690.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE,

The Colonial Secretary laid on the table the

Report of the Finance Committee dated the 17th August, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

PAPERS.-The Colonial Secretary laid on the table the following papers :

Administrative Reports for the year 1910.

QUESTIONS. - Mr. POLLOCK, pursuant to notice, asked the following question

Will the Government explain why the work on the Tsim Sha Tsui Market is

ceeding so slowly? When will the Market be ready for use? The Colonial Secretary replied.

pro-

376 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

　　　　OPIUM AMENDMENT BILL.-The Colonial Secretary moved the suspension of the Stand- ing Orders so that the Bill entitled An Ordinance to further amend the Opium Ordinance, 1909, may be read a first, second and third time,

The Attorney General seconded.

Dr. Ho Kai, Mr. HEWETT and Mr. POLLOCK opposed the motion.

His Excellency the Governor addressed the Council, and the Colonial Secretary amended the motion and moved that the Standing Orders be suspended to enable the Bill to pass its first and second readings.

The Attorney General seconded, and the motion was agreed to.

The Colonial Secretary moved the First reading of the Bill,

The Attorney General seconded, motion agreed to, and Bill read a first time.

The Colonial Secretary moved the Second reading of the Bill.

The Attorney General seconded, motion agreed to, and Bill read a second time.

The Colonial Secretary moved the suspension of the Standing Orders to enable the Bill to pass through its further stages.

A discussion then ensued, and the Colonial Secretary withdrew the motion.

　　　　CODE OF CIVIL PROCEDURE AMENDMENT BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Code of Civil Procedure.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

On the motion of the Attorney General the words " of Civil Procedure ` after the words "Hongkong Code" in the third line of section 2.

The word "preceding" in the fifth line of section 6 was deleted.

In section 29 sub-section (8):

were inserted

The figure and letter "Se" were substituted for the figure and letter2e" in the twelfth line of sub-section (i), in the fourth line of sub-sub-section (ii) "Se" was substituted "2e ", in the tenth line of sub-sub-section (iv) "8e was substituted for "29", and in sub-sub section (v) "8e" was substituted fore" in the fourth line and "8d" for "2" in the ninth line.

In sub-sub-section (vi) of sub-section (9) of section 29, 87" was substituted for " 2h ".

In section 30 the words "substitute for existing forms in or were inserted between the words "be" and "added" in the first line.

In the Schedule the forms 2a, 2b. 2c, 2d. 26, 2f, 2g, and 2h, were renumbered 7, 8, 8a, 8h, 8c, Sd, Se, and 8, respectively.

　　　On Council resuming the Attorney General reported that the Bill had passed through Committee with minor amendments and move that it be read a third time. The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

ARMS AND AMMUNITION AMENDMENT BILL.The Committee stage on the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900, was not proceeded with.

CROWN SOLICITORS BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to enable Joseph Horsford Kemp Esquire, Barrister-at-law, to practise as Crown Solicitor in the Court and to provide for the payment of solicitors' costs in cases in which a salaried Crown Solicitor or Assistant Crown Solicitor acts as solicitor.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911. 377

On the motion of the Attorney General section 2 was deleted and the following substi- tuted therefor :-

2. Joseph Horsford Kemp Esquire, Barrister-at-law, shall be permitted to practise both in the Court and elsewhere in the Colony as if he were a duly admit- ted Solicitor when appearing as Crown Solicitor on behalf of, or represent- ing or acting for or on behalf of the Crown or any Government Department of the Colony, or any Officer in the employment of the said Government or in any matter in which the Crown or the said Government or any department thereof is interested.

Sub-section (1) of section 3 and the figure" (2.)" were deleted.

In sub-section (1) of section 6 the word "losing" in the last line was deleted and the words "against whom the order is made were inserted at the end thereof.

Council resumed, the Bill being left in Committee.

CROWN LANDS RESUMPTION AMENDMENT BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to further amend the Crown Lands Resumption Ordinance, 1900, -

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

On the motion of the Attorney General the following was inserted after sub-section (2) of section 3 and numbered sub-section (3):--

(3.) The remuneration of any member of a Board shall be at a rate according to the amount of work, the time occupied, and the magnitude of the interests involved, and such rate shall be determined in each case by the Chairman of the Board in his discretion at the conclusion of the arbitration; provided that nothing in this sub-section shall be deemed to authorise the payment or receipt of remuneration in the case of a public servant who is not per- mitted to receive remuneration for acting as a member of a Board.

Sub-section (3) was renumbered (4) and the words "any member of or" in the second line were deleted and the word "the" substituted therefor.

The word "amount" in the third line of sub-section (2) of section 4 was altered to read "amounts" and the words "by the Governor-in-Council" in the fourth line were deleted.

În Council resuming the Attorney General reported that the Bill had passed through Committee with slight amendments and moved that it be read a third time, The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

　　INTERPRETATION BILL. -The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend and codify the law as to the Interpretation of Terms and as to Common Forms used in Ordin-

ances.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

　　On the motion of the Attorney General the definition of "City of Victoria" in section 39B was amended by the deletion of the words "north-west angle of Wongneichong School" in the second and third last lines and the substitution therefor of the words "south- east angle of Inland Lot No. 1364".

In section 41 sub-section (1) sub-sub-section (b) the word tween the words "or

or" and "other" in the second line.

where" was inserted be-

The

　　On Council resuming the Attorney General reported that the Bill had passed through Committee with slight amendments and moved that it be read a third time. Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 31st August, 1911.

F. D. LUGARD,

Read and confined this 31st day of August, 1911.

C. CLEMENTI,

Governor.

Diven of Counci'e,

378

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

　　　　No. 253. His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :----

Ordinance No. 39 of 1911.-An Ordinance to further amend the Opium Ordinance,

1909.

Ordinance No. 40 of 1911.-An Ordinance to enable Joseph Horsford Kemp Esquire, Barrister-at-law, to practise as Crown Solicitor in the Court and to provide for the payment of solicitors' costs in cases in which a salaried Crown Solicitor or Assistant Crown Solicitor acts as solicitor.

Short title.

Amends Ordinance

No.23 of 1909 as amended by Ordin auces Nos. 11

and 33 of 1910.

Restriction on import of raw opium.

Penalty

clause of Ordinance No. 23 of 1909 to apply

to new sCC- tion 3.

HONGKONG.

No. 39 OF 1911.

An Ordinance to further amend the Opium Or-

dinance. 1909.

F. D. LUGARD,

Governor.

[31st August, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as Follows:

1. This Ordinance may be cited as the Opium Amend- ment Ordinance, 1911.

2. The Opium Ordinance, 1909, as amended by the Opium Amendment Ordinance, 1910, and by the Opium Amendment (No. 2) Ordinance, 1910, is hereby further amended by the repeal of section 3 thereof and by the substitution therefor of the following section :--

"3.-(1.) No person shall import, or aid or abet the importation of any raw opium into the Colony or into the waters thereof, if such importation shall have been notified in the Gazette in pur- suance of any resolution of the Legislative Council as being illegal.

(2.) The provisions of sub-section (1) of this section shall not apply to opium imported by or for the use of the Opium Farmer with the written con- sent of the Superintendent of Imports and Ex- ports previously obtained, and further shall not apply to opium brought into the Colony or into the waters thereof on any steamship under a Bill of Lading to some place to which such opium may by the laws of such place be lawfully imported provided that such opium shall not be removed from such steamship whilst in the waters of the Colony.

or abet the

(3.) No person shall import, or aid

importation of any loose opium into the Colony

or into the waters thereof.

3. The reference in section 8 (1) of the Opium Ordin- ance. 1909, to section 3 thereof shall be deemed to be a reference to the new section 3 substituted by this Ordin-

ance.

Passed the Legislative Council of Hongkong, this 31st day of August, 1911,

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 31st

day of August, 1911.

WARREN BArnes,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

HONGKONG.

No. 40 of 1911.

An Ordinance to enable Joseph Horsford Kemp Esquire. Barrister-at-law, to practise as Crown Solicitor in the Court and to provide for the payment of solicitors' costs in cases in which a salaried Crown Solicitor or Assistant Crown Solicitor acts as solicitor.

F. D. LEGARD,

Governor.

379

[1st September, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Crown Solicitors Short title. Ordinance, 1911.

as solicitor,

2. Joseph Horsford Kemp Esquire, Barrister-at-law, Admission of shall be permitted to practise both in the Court and else- J. H. Kemp where in the Colony as if he were a duly admitted solicitor Esq. when appearing as Crown Solicitor on behalf of, or repre- senting or acting for or on behalf of the Crown or any Government Department of the Colony, or any Officer in the employment of the said Government or in any matter in which the Crown or the said Government or any de- partment thereof is interested.

3. The said Joseph Horsford Kemp shall not be Limitation, entitled to practise as a barrister as long as he continues

to perform the duties of a solicitor.

4. Subject to the provisions of this Ordinance and not- Professional withstanding any professional rule of etiquette or custom status to the contrary the status of the said Joseph Horsford preserved. Kemp as a barrister shall be preserved.

5. Nothing in this Ordinance shall confer any rights Saving of on the said Joseph Horsford Kemp against the Crown.

Crown rights. Costs.

6.-(1.) If in any cause or proceeding before any court or tribunal any party, for whom any Crown Solicitor or f. section 2 Assistant Crown Solicitor appears or acts as solicitor, ob- of Ordinance

No. 24 of tains an order for costs against any other party, such costs 1903. shall be taxed against and payable by the party against whom the order is made.

(2.) If by reason of any custom, rule, regulation or arrangement any Crown Solicitor or Assistant Crown Solicitor so appearing or acting as aforesaid is not allowed to retain such costs, the costs so taxed when recovered shall be paid into the General Revenue of the Colony.

7. This Ordinance shall come into operation on the 1st Commence- day of September, 1911.

Passed the Legislative Council of Hongkong, this 31st

day of Angust, 1911.

ment.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 1st

day of September, 1911.

WARREN BArnes,

Colonial Secretary.

380 THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

No. 254.

Resolution made by the Legislative Council under Section 3 of the Opium Ordinance, 1909, (No. 23 of 1909), as amended by Section 2 of the Opium Amendment Ordinance, 1911. (Ordinance No. 39 of 1911), this 31st day of Angust, 1917.

　　　Whereas by the provisions of Section 3 of the Opium Ordinance, 19 9, as amended by Section 2 of the Opium Amendment Ordinance, 1911, it is provided as follows-" No person shall import, or aid or abet the importation of any raw opium into the Colony or into the waters thereof, if such importation shall have been notified in the Gazette in pur- suance of any resolution of the Legislative Council as being illegal" :

　　　　It is therefore hereby resolved that a Notification shall be made in the next issue of the Government Gazette that the importation of any kind of raw Indian Opium except Opium covered by Export Permits from the Government of India to the effect that it has been declared for shipment to or consumption in China is illegal.

This Resolution shall not apply to any bona fide shipments of uncertificated Indian Opium which have been made from Calcutta or Bombay by a vessel sailing prior to 21st August, 1911, and which have not been landed at any port after such shipment.

COUNCIL. CHAMBER,

31st August, 1911.

C. CLEMENTI,

Clerk of Councils,

No. 255.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances:-

Ordinance No. 20 of 1911, entitled-An Ordinance to amend the Sale of Food and

Drugs Ordinance, 1896.

Ordinance No. 22 of 1911, entitled---An Ordinance to amend the Patents Amend-

ment Ordinance, 1909.

COUNCIL CHAMBER,

30th August, 1971.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

　　　No. 256. His Excellency the Governor has been pleased to appoint PHILIP JACKS, Assistant Land Officer, to act as Land Officer during the absence of GEORGE HERBERT WAKEMAN on leave, or until further notice, with effect from the 28th instant.

31st August, 1911.

　　　No. 257.-His Excellency the Governor has been pleased to appoint ARTHUR GEORGE MURCHISON FLETCHER, Deputy Official Receiver in Bankruptcy, to act as Official Receiver in Bankruptcy during the absence of GEORGE HERBERT WAKEMAN on leave, or until further notice, with effect from the 28th instant.

31st August, 1911.

　　　No. 258. His Excellency the Governor has been pleased, under instructions from. the Secretary of State for the Colonies, to appoint JOSEPH HORSFORD KEMP to be Crown Solicitor vice FRANCIS BULMER LYON BOWLEY, and PAUL MARY HODGSON to be Assistant Crown Solicitor, with effect from the 1st September, 1911.

1st September, 1911.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911. 381

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 259. It is hereby notified for general information and in pursuance of the Resolution made by Legislative Council on the 31st day of August, 1911, that the importa- tion of any kind of raw Indian Opium except Opium covered by Export Permits from the Government of India to the effect that it has been declared for shipment to or consumption in China, is illegal :

　　　Provided always that any bonû fide shipments of uncertificated Indian Opium which have been made from Calcutta or Bombay by a vessel sailing prior to 21st August, 1911, and which have not been landed at any port after such shipment, shall not be illegal.

No. 260.-It is hereby notified that information has been received from H. B. M. Minister at Peking to the effect that import of Indian Opium into the Provinces of Fengtien, Kirin, Heilungchiang, Shansi and Szechuan will be prohibited from the 11th instant.

　　　No. 261.-The following translation from the Boletim Official de Macau is published for general information.

WARREN BARNES,

Colonial Secretary.

1st September, 1911.

(Translation.)

　　　For the information and guidance of those concerned, and in virtue of the provisions of the Regulation of the 20th December, 1910, and of the Order of the 7th of last March, the following notice is published : --

The importation of Morphine, Cocaine and Compounds of Opium into Macao is prohibited--

(a.) unless they are intended for medicinal purposes in which case import- ation can only be made in virtue of a licence issued by the Superin- tendent of Opium in Macao, specifying the quantity and declaring that such articles are intended for medicinal purposes:

(b.) unless they are intended for re-exportation in which case importation can only be made in virtue of a licence issued by the Superintendent of Opium in Macao, specifying the quantity to be imported and declaring that such articles will upon their arrival here be deposited in the Government Store.

Office of the Superintendent of Opium in Macao,

10th August, 1911.

L. LEITÃO XAVIER, Superintendent.

SUPREME COURT.

　　　No. 262.-It is hereby notified that His Honour Sir FRANCIS TAYLOR PIGGOTT, Knight, Chief Justice, has by Commissions signed by him, and dated the 15th day of August, 1911, appointed HUGH ADAIR NISBET, Registrar of the Supreme Court of Hongkong, to be a Commissioner to administer oaths and take declarations, affirmations, and attestations of honour in the Court, and a Commissioner for taking acknowledgments by married women of deeds to be executed by them, so long as he shall hold the said office of Registrar as aforesaid.

HUGH A. NISBET,

Registrar.

1st September, 1911.

दु

382

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911.

No. 263.-Financial Statement for the month of June, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 31st May, 1911,

Revenue from 1st to 30th June, 1911,.................

Expenditure from 1st to 30th June, 1911,

Balance,......

TREASURY.

..$1,540,727.06

619,065.56

2,159,792.62

528,604.01

.$1,631,188.61

Assets and Liabilities on the 30th June, 1911.

LIABILITIES.

ASSETS.

Deposits not Available,

Officers' Remittances,

Bills...

Crown Agents' Advances,

Postal Agencies, China,

Crown Agents Current Account,

Total Liabilities,......

Balance,

209,580.36 99.41

Balance, Bank,

Subsidiary Coins,

5,091,656.31

Advances,

Imprest,

Railway Construction,

330,879.31 29,207.16 15,717.70

5,677,140.25

1,681,188.61

House Service Account,

Suspense Account,.

Unallocated Stores Account,

481,339.43

206,166.50

59,072.80

4,405.67

551.02

224.91

283,226.41

6,273,342.12

TOTAL,...$ 7,308,328.86

25th August, 1911.

TOTAL,.........$

7,308,328.86

A. M. THOMSON, Treasurer,

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 264.-It is hereby notified that the Maxim Silent Fire Arms Company, of No. 38 Park Row, Borough of Manhattan, City, County, and State of New York, U.S.A., have by assignment become proprietors of a Letters Patent registered on the 1st December, 1909, under the number 7 of 1909, by Mr. HIRAM PERCY MAXIM, of 550 Prospect Avenue, in the City of Hartford, State of Connecticut, U.S.A.

28th August, 1911.

　　　　No. 265.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909:-

Number of Mark.

Date of Registration.

Name of Owner,

Period of Renewal.

Classes in which renewed.

No. 167 of 1897.

28th August,

1897.

! Messrs. J. & P. Coats, Ld.,

Ferguslie Thread Works Paisley, Scotland.

27th August, 1925.

23.

No. 168 (1 to 10) of 1897.

Do.

No. 170 of 1897.

31st August,

1897.

Messrs. Jonas Brook & Bro- thers, Limited, Meltham Mills, York, England.

Messrs. William Hollins and Company, Limited, 25 & 26 Newgate Street, Lon- don, England.

Do.

30th August, 1925.

23.

23, 24, 25, 26, 27, 28, 30, 31, 32, 34, 35, 38.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 1, 1911. 383

No. 266. It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 30th day of September, 1911, unless the prescribed fee for renewal of registration is paid before that

date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 169 of 1897.

The Rover Cycle Company, Limited, Meteor Works, West Orchard, Coventry, Eng- land.

31st August, 1911.

No. 171 of 1897.

Messrs. William Gibson and Company, Wol-

verhampton, Stafford, England.

Do.

31st August, 1911.

　　No. 267.-It is hereby notified that the Hang Mei firm of Pak Hok Chau, Honam, China, have applied under Section 34 of the Trade Marks Ordinance, 1909, (Ordinance No. 40 of 1909), for leave to add to and alter their trade mark No. 71 of 1885, registered in respect of tea in class 42, in a manner not substantially affecting the identity of the same. The following alterations are proposed:

The substitution of a floral border for a border consisting of lines. The insertion of a scroll held by two birds and some small lines and floral devices. The insertion of circles with borders round the characters for Hang Mei. The insertion of some descriptive Chinese characters.

A representation of the trade mark is deposited for inspection in the Registrar's Office.

A. G. M. FLETCHER,

Registrar of Trade Marks.

1st September, 1911.

386

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 268.

CIRCULAR.

DOWNING STREET,

2nd August, 1911.

　　　　SIR, I have the honour to transmit, for your information, with reference to Mr. Chamberlain's Circular despatch of the 28th of February, 1902, a copy of an Agreement between the United Kingdom and Japan, signed at London on the 13th of July, 1911.

I have, etc,

L. HARCOURT.

HONGKONG.

The Officer Administering the Government of

}

AGREEMENT BETWEEN THE UNITED KINGDOM AND JAPAN.

Signed at London, July 13, 1911.

Preamble.

　　　　The Government of Great Britain and the Government of Japan, having in view the important changes which have taken place in the situation since the conclusion of the Anglo- Japanese Agreement of the 12th August, 1905, and believing that a revision of that Agree- ment responding to such changes would contribute to general stability and repose, have agreed upon the following stipulations to replace the Agreement above mentioned, such stipulations having the same object as the said Agreement, namely ;

(a.) The consolidation and maintenance of the general peace in the regions of Eastern Asia and of India ;

(b.) The preservation of the common interests of all Powers in China by insuring the independence and integrity of the nese Empire and the principle of equal opportunities for the commerce and industry of all nations in China;

(c.) The maintenance of the territorial rights of the High Contracting Parties in the regions of Eastern Asia and of India, and the defence of their special interests in the said regions:-

ARTICLE 1.

It is agreed that whenever, in the opinion of either Great Britain or Japan, any of the rights and interests referred to in the preamble of this Agreement are in jeopardy, the two Governments will communicate with one another fully and frankly, and will consider in common the measures which should be taken to safeguard those menaced rights or interests.

ARTICLE II.

If by reason of unprovoked attack or aggressive action, wherever arising, on the part of any Power or Powers, either High Contracting Party should be involved in war in defence of its territorial rights or special interests mentioned in the preamble of this Agreement, the other High Contracting Party will at once come to the assistance of its ally, and will conduct the war in common, and make peace in mutual agreement with it.

ARTICLE III.

The High Contracting Parties agree that neither of them will, without consulting the other, enter into separate arrangements with another Power to the prejudice of the objects described in the preamble of this Agreement.

ARTICLE IV.

Should either High Contracting Party conclude a treaty of general arbitration with a third Power, it is agreed that nothing in this Agreement shall entail upon such Contracting. Party an obligation to go to war with the Power with whom such treaty of arbitration is in

force.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 387

ARTICLE V.

The conditions under which armed assistance shall be afforded by either Power to the other in the circumstances mentioned in the present Agreement, and the means by which such assistance is to be made available, will be arranged by the Naval and Military authori- ties of the High Contracting Parties, who will from time to time consult one another fully and freely upon all questions of mutual interest.

ARTICLE VI.

The present Agreement shall come into effect immediately after the date of its signa- ture, and remain in force for ten years from that date.

In case neither of the High Contracting Parties should have notified twelve months before the expiration of the said ten years the intention of terminating it, it shall remain binding until the expiration of one year from the day on which either of the High Contract- ing Parties shall have denounced it. But if, when the date fixed for its expiration arrives, either ally is actually engaged in war, the alliance shall, ipso facto, continue until peace is concluded.

In faith whereof the Undersigned, duly authorised by their respective Governments, have signed this Agreement, and have affixed thereto their Seals.

Done in duplicate at London, the 13th day of July, 1911.

E. GREY,

His Britannic Majesty's Principal Secretary of State for Foreign Affairs.

TAKAAKI KATO,

Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James.

EXECUTIVE COUNCIL.

No. 269.

Regulations made by the Governor-in-Council under Section 3 of the Public Places Regulation Ordinance, 1870, (Ordinance 2 of 1870), for the maintenance of good order and preservation of property in King's Park, Kowloon, and for the better enjoyment thereof by persons frequenting the same, this 24th day of August, 1911.

The Regulations made under the abovementioned Ordinance published in the Govern- ment Gazette on the 10th November, 1905, and 2nd July, 1909, and on pages 18, 19, 20 and 26 of the Regulations of Hongkong, 1910, are hereby repealed and the following Regulations are substituted therefor:-

King's Park.

1. These Regulations shall apply to the piece of land situate in Kowloon known as

"King's Park" delineated and shown on the plan marked "King's Park signed by the Director of Public Works and countersigned by the Governor and deposited in the Land Office under the provisions of the Recreation Grounds Ordinance, 1909.

2. The maintenance and preservation of King's Park shall be under the care and

direction of the Director of Public Works.

3. No person shall alter or interfere with King's Park without the written per-

mission of the Director of Public Works.

4. Subject to these Regulations the portions of King's Park marked A, B, and D and 01 to 09 on a Plan deposited in the Office of and signed by the Director of Public Works and dated 14th July, 1911, are set aside for the use of the different Clubs, Associations and bodies mentioned in the Schedule hereto upon the days and for the purposes therein mentioned. The unapportioned area (except the Rifle Range) shall be for the general use of the Public, but shall not be used by any Club or Association for games of any description.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 387

ARTICLE V.

ARTICLE VI.

The present Agreement shall come into effect immediately after the date of its signa- ture, and remain in force for ten years from that date.

In faith whereof the Undersigned, duly authorised by their respective Governments, have signed this Agreement, and have affixed thereto their Seals.

Done in duplicate at London, the 13th day of July, 1911.

E. GREY,

His Britannic Majesty's Principal Secretary of State for Foreign Affairs.

TAKAAKI KATO,

Ambassador Extraordinary and Plenipotentiary of His Majesty the Emperor of Japan at the Court of St. James.

EXECUTIVE COUNCIL.

No. 269.

King's Park.

1. These Regulations shall apply to the piece of land situate in Kowloon known as

2. The maintenance and preservation of King's Park shall be under the care and

direction of the Director of Public Works.

3. No person shall alter or interfere with King's Park without the written per-

mission of the Director of Public Works.

388

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911.

5. The portions of King's Park so set aside as aforesaid shall be appropriately marked

off by the Director of Public Works.

6. The permission to use any such portion or the expenditure of any money thereon shall not confer upon any Club or other body the exclusive right to the use of such portion.

7. The Governor through the Colonial Secretary may give permission for all or any of the portions so set aside as aforesaid or any part of any of them to be used for any purpose other than those specified in the Schedule hereto, and may also give the like permission for the use for any period not exceeding 7 consecutive days of the whole or any portion of the apportioned area for any purpose Provided that if any such permission be granted under this regulation notice of the same having been granted shall be forthwith posted by the applicant in some conspicuous part of King's Park and shall be published in at least one daily paper.

8. Whenever in the opinion of the Director of Public Works it is expedient for its maintenance, or preservation to close any part of King's Park he shall cause a notice in that behalf to be inserted in at least one daily paper, and to be posted in some conspicuous part of King's Park, specifying the part that is closed, and no person shall thereafter use such part until a further notice has been published and posted as aforesaid notifying the re-opening of such part.

9. Riding over any portion of King's Park is prohibited, except for such purpose and subject to such conditions, as the Governor, upon application to him through the Colonial Secretary, may, in writing, permit. Notice of such permission shall be posted and published in the same way as permission given under Regulation 7.

10. The riding of bicycles over any portion of King's Park is prohibited.

11. The grazing of horses, cattle, sheep and goats in King's Park is prohibited.

12. No person shall cut or injure any fence or other property of the Government in

King's Park.

13. All persons using King's Park shall conduct themselves in a quiet and orderly

manner.

14. No part of King's Park may be used as a drying ground nor for the deposit of

builders' or other rubbish.

15. The rifle range shall not be open for general public use and when rifle practice is in progress a red flag will be shown on Danger Flag Hill and users of King's Park must then keep out of the danger zone of fire.

Area.

SCHEDULE.

KING'S PARK.

To whom allotted.

Purpose for which allotted.

Days.

.\ Kowloon Bowling Green

Club,

Lawn Bowls,

Every day.

Kowloon Cricket Club,

Cricket,

Every week-day.

})

Yaumati Selinol,

Playground,

Every wook-day.

01 to United Service Recren- {

tion Club,

Golf,

Every day.

NOTE :-A, Sr., refer to the plan deposited in the Office of the Director of Public Works.

24th August, 1911.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 389

No. 270.

Conditions of Licence to store 30 gallons of Petrol for the use of Motor Cars, in the ground floor and backyard of a domestic build- ing, made by the Governor-in-Council under Section 10 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 3rd day of September, 1911.

GARAGE LICENCE (PETROL).

　　　1. In these conditions "Petrol" means petroleum or any product of petroleum adapted for the use of motor cars which gives off an inflammable vapour at a temperature of less than 73° Fahrenheit when tested in the manner laid down in the Rules relating to the im- portation of Petroleum into the Colony: and "Insurance Drum" means a strong hermeti- cally sealed metal drum such as is commonly known as an Insurance Drum containing not more than 10 gallons.

　　　2. No Petrol shall be kept or allowed to remain in any roofed-over portion of the licensed premises except a quantity not exceeding 20 gallons in the tanks of the motor cars, or partly in such tanks and partly in an Insurance Drum.

　　　3. Such tanks shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom, and shall be filled and emptied in the open air only.

　　　4. No fire or artificial light shall be used in the roofed-over portion of the licensed premises in which any motor car with Petrol in its tank is, except incandescent electric light, and no inflammable goods or materials shall be kept in the roofed-over portion of such pre- mises except as aforesaid.

5. Not more than 10 gallons of petrol may be kept in the unroofed backyard of the licensed premises (provided such backyard is at least 10 feet deep and 13 feet wide), in an "Insurance Drum such Drum to be kept in a brick or concrete store (with a well fitting metal cover) of sufficient capacity to hold the whole of the ten gallons in case of leakage, such store to be constructed, ventilated and maintained to the satisfaction of the Captain Superintendent of Police, each ventilator to be protected with strong fixed wire gauze.~ On the outside of the store shall be painted large white letters in English and Chinese "Petrol: Dangerous, Highly Inflammable". No other substance or article shall be placed in such

store.

　　　6. The store described in Condition 4 must be kept locked when not in actual use, and shall not be opened except by the licensee or by a responsible person authorised by him.

7. No fire, matches or artificial light shall be used in any portion of the backyard except incandescent electric lamps enclosed in glass globes or shades protected by wire to the satisfaction of the Captain Superintendent of Police: no inflammable materials shall be kept or allowed to remain in such backyard.

8. No Petrol shall be sold on the licensed premises except in the original 10 gallon drums. Every such drum shall bear the words "Petrol: Dangerous, Highly Inflammable legibly and indelibly stamped or marked thereon or on a metallic or enamelled label attached thereto, and such drum shall also bear a label on which shall be written in English and Chinese "In case of accident smother fire with sand, earth or cloth ".

　　　9. Before repairs are done to any tank or drum, the tank or drum shall, as far as practicable, be cleaned by the removal of all Petrol and of dangerous vapours derived from the same.

No Petrol shall be allowed to run into any sewer or drain.

　　　10. All due precautions shall be taken for the prevention of accidents by fire or explo- sion, and for the prevention of unauthorised persons having access to the Petrol or to the vessels containing or intended to contain, or having actually contained, the same; and every person managing, or employed on, or in connection with, any motor car, shall abstain from every act whatever which tends to cause fire or explosion, and which is not reasonably necessary, and shall prevent any other person from committing such act.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 389

No. 270.

GARAGE LICENCE (PETROL).

　　　3. Such tanks shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom, and shall be filled and emptied in the open air only.

store.

　　　6. The store described in Condition 4 must be kept locked when not in actual use, and shall not be opened except by the licensee or by a responsible person authorised by him.

　　　9. Before repairs are done to any tank or drum, the tank or drum shall, as far as practicable, be cleaned by the removal of all Petrol and of dangerous vapours derived from the same.

No Petrol shall be allowed to run into any sewer or drain.

390

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911.

　　　　No. 271.-It is hereby notified that ARTHER EDGAR WRIGHT, Executive Engineer, has been deputed by His Excellency the Governor-in-Council to act on behalf of the Build- ing Authority in all cases referred to in Sections 205, 206, 207 and 207A of the Buildings Ordinances, 1903-1909, in connection with Dangerous Buildings.

C. CLEMENTI,

Clerk of Councils.

COUNCIL CHAMBER,

3rd September, 1911.

LEGISLATIVE COUNCIL.

　　　　No. 272.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:-

Ordinance No. 24 of 1911, entitled-An Ordinance to amend the Larceny (Amend-

ment) Ordinance, 1909.

COUNCIL CHAMBER,

5th September, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 273. lis Excellency the Governor has been pleased to appoint under Sub-section 22 of Section 37 of the Merchant Shipping Ordinauce, 1899, (Ordinance No. 10 of 1899), Mr. JAMES JOHNSTONE to be a Surveyor of Boilers of Unlicensed Steamships under 60 tons burden.

2nd September, 1911.

NOTICES.

SUPREME COURT.

No. 274. By virtue of the power conferred on me by Section 709 (2) of the Code of Civil Procedure I hereby substitute the following form for Form No. 8 contained in the Schedule to Ordinance No. 36 of 1911.

F. T. PIGGOTT, Chief Justice.

4th September, 1911.

FORM NO. 81.

CERTIFICATE OF SERVICE OF FOREIGN PROCESS.

Registrar of the Supreme Court of Hongkong hereby

certify that the documents annexed hereto are as follows :-

(1.) The original letter of request for service of process received from the Court

or Tribunal at matter of

in the

versus

(2.) The process received with such letter of request, and :

(3.) The evidence of service upon

and:

in the

　　　　　　　　　　　　　　　　　the person named in such letter of request, together with the verification of a Notary Public.

And I Certify that such service so proved, and the proof thereof, are such as are required by the law and practice of the Supreme Court of Hongkong regulating the service of legal process in Hongkong, and the proof thereof.

And I Certify that the cost of effecting such service, as duly certified by the Taxing Officer of the Supreme Court of Hongkong, amounts to the sum of

Dated this

day of

(Signed)

Registrar.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 391

　　No. 275.-It is hereby notified that at the expiration of three months from the date hereof Wong Pik Hoi's Estate Limited, will, unless cause is shewn to the contrary, be struck off the Register and the Company will be dissolved.

HUGH A. NISBET,

Registrar of Companies.

4th September, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 276.-It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Classes in which renewed.

No. 166 (1) of 1897.

19th August, 1897.

Messrs. Bradley and Com-

18th August,

23, 24, 33, and 34.

pany.

1925.

No. 166 (2) of

Do.

24 and 34.

1897.

No. 166 (3) of 1897.

Do.

23 and 24.

No. 166 (4) of 1897.

Do.

23 and 24.

No. 172 (1-2) of 3rd September,

1897.

The China Export, Import and Bank Compagnie.

2nd September,

42.

1925.

No. 173 (1) of 1897.

Do.

Messrs. Rädecker and Com-

pany.

Do.

1, 4, 5, 6, 9, 10, 11, 12,

13, 14, 15, 17, 19, 20, 31, 38, 42, 43, 44, 47, 48, 49, and 50.

No. 173 (2) of 1897.

Do.

43.

No. 173 (3) of 1897.

Do.

43.

No. 173 (4) of 1897.

Do.

19 and 20.

No. 173 (5) of 1897.

Do.

19 and 20.

No. 173 (6) of 1897.

Do.

1, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 23, 24, 25, 31,

33, 34, 35, 38, 42, 43, 44, 47, 48, 49, and 50.

19 and 20.

No. 178 (7) of 1897.

Do.

No. 173 (8) of 1897.

Do.

42.

No. 173 (10) of 189*.

Do.

1, 4, 5, 6, 9, 10, 11, 12,

13, 14, 15, 17, 19,

Do.

No. 173 (11) of 1897.

Do.

4th September, 1911.

20, 23, 24, 25, 31,

33, 34, 35, 38, 42,

43. 14, 47, 48, 49, and 50.

1, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 17, 19,

20, 23, 24, 25, 31, 33, 34, 35, 38, 42, 43, 44, 47, 48, 19, and 50.

A. G. M. FLETCHER,

Registrar of Trade Marks.

392

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911.

LAND REGISTRY OFFICE.

No. 277.-It is hereby notified for general information that a Memorial of Re-entry by the Government on Kowloon Inland Lot No. 1144 has been registered according to law.

　　　　　No. 278. It is hereby notified, with reference to Government Notification No. 697 of 1909, that the following Special Condition of Sale is added to the Special Conditions con- tained in the aforesaid Notification and will be referred to by the Number given to it in this Notification :-

Special Condition.

No. 5. Without the consent of the District Officer no grave shall be made on, nor shall any human remains be interred in, or deposited on the land sold either in earthenware jars or otherwise, and a covenant to this effect shall be inserted in the Crown Lense of the Lot.

8h September, 1911.

P. JACKS,

Land Officer.

OBSERVATORY.

No. 279.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of August, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI SUN-

DATE.

RAIN.

NESS.

SHINE.

M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir.

Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points. Miles

p. h.

29.69

91.3

85.1

79.5 77

0.92

11.7

5.3

.64

89.2

83.7

80.3 78

.90

7.0

0.145

17.5

.51

83.8

80.9

77.0 75

.80

6.1

0.190 ENE

29.4

.41

80.7

78.2

76.2 89

.86

0.7

1.805

47.7

.37

80.6

77.6 75.9 91

.86

100

8.610

SEbv S

45,6

.56

80.8

79.2 74.3 91

.90

100

6.625

27.2

•

.68

85.0

81.1 79.3 87

.92

7.8

16.2

.67

86.9 81.9

79:2 83

.91

6.5

S by W

8.9

.61

88.6

83.7 79.8 78

.90

11.3

W SW

7.3

10,

.55

86.8

83.0

80.6 82

.93

0.9

W SW

4.7

11,

.55

87.2 82.7

79.0

.94

8.0

SE by E

3.9

12,

.59

88.3

82.7

79.4

.94

7.9

0.025

SSW

2.1

13,

.58

87.3

$1.5

79.6

.94

1.4

0.130

W by N

2.1

11,

.54

85.0

80.3 75,5

.90

1.0

0.910 W by N

4.4

15,

.61

85.6

80.3 76.7

.89

2.3

0.230 SSW

6.2

16,

.68

82.7 80.3 77.0 89

.92

2.565 SW by S

13.4

17,

.69

81.6

78.4 75.5 93

.91

2.960

S by E

6.6

18,

.65

86.9

79.4 76.0 90

.90

2.975

S by W

9.8

19,

.66

80.8 79.1 76.6 92

.92

0.2

1.620 SE by E

4.1

20,

21,

82.7 79.5 76.2 91

.91

1.1

1.195

5.0

88.0 82.2

78.8 83

.91

9.2

5.8

22,

85.4 816

78.6

.90

7.7

0.010

13.5

23,

85.8

81.9 79.4

.89

10.6

0.005

16.0

24,

.82

87.1

82.1

78.5

.88

11.0

E by S

7.2

25,

89.4

84.1 79.1 78

.92

10.7

7.9

26,

.57

93.1 86.1

80.2

.92

11.4

7.8

27,

89.5 85.0 81.1 69

.83

10.0

WNW

12.0

28,

.63

90.3 85.2 81.6

29,

.68

88.6

84.1

80.7

30,

.56

90.5

83.6

80.5

31,

.61

89.6

81.5

$0.0 69

GRNN

.87

11.5

W bv S

8.8

2 2 5

.83

11.6

W by N

8.8

.83

10.5

0.060

W by N

6.2

9.4

8.3

Meaus or Total,

29.63

86.2

81.9 78.4 82

0.89

69 190.3 30.060

SE by S 11,9

Min'm,.

29.82 29.71 29.63

88.8 83.2 79.1 86 86.3 83.6

Max'ın, Mean,

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR AUGUST :-

80.0 75.9

813 77.5 83 78

0.91 0.88 0.85

78 281.2 27.87 61 2016 14.20 33 1518 3.97

13.2

9.***

5.4

F. G. FIGG,

Director.

8th September, 1911.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 8, 1911. 393

No. 280.

OBSERVATORY,

Weather-forecasts and Storm-warnings issued from the Hongkong Observatory.

METEOROLOGICAL SIGNALS.

On and after the 8th instant. Meteorological Signals, according to the following Code, will be displayed from sunrise to sunset at the MAST HEAD of the Storm Sigual Mast on Signal Hill, Kowloon Point, instead of on the flagstaff in frout of the Water Police Station at Tsim Sha Tsui, for the information of masters of vessels leaving the port. necessarily imply that bad weather is expected here:

They do not

Signal

No.

Signal No.

A CONE point upwards

indicates a Typhoon to the North of the Colony.

A CONE point downwards

indicates a Typhoon to the South of the Colony.

point downwards

indicates a Typhoon to the South-West

of the

A CONE

indicates a Typhoon to the

A CONE

point upwards

and DRUM

North East Colony.

of the

and BALL

below

Colony.

A DRUM

indicates a Typhoon to the East of the Colony.

A BALL

indicates a Typhoon to the West of the Colony.

A CONE

point downwards

and DRUM

indicates a Typhoon to the South-East Colony,

of the

below

A CONE point upwards and BALL below.

indicates a Typhoon to the North-West

Colony.

the

Red Signals indicate that the centre is believed to be more than 300 miles away from the Colony, Black Signals indicate that the centre is believed to be less than 300 miles away from the Colony,

　　　　　The above signals will be hoisted only when typhoons exist in such positions or are moving in such directions that information regarding them is considered to be of importance to the Colony or to shipping leaving the harbour.

　　　　　These signals are repeated at the Harbour Office, II.M.S. Tamar, Green Island Signal Mast, and the Flagstaff on the premises of the Hongkong and Kowloon Wharf and Godown Company at Kowloon,

Urgent Signal.

In addition to the above, when it is expected that the wind may increase to full typhoon force at following Urgent Signal will be made at the Water Police Station, and repeated at the Harbour Office :

THREE EXPLOSIVE BOMBS, AT INTERVALS OF TEN SECONDS,

any moment, the

A Black Cross will be hoisted at the same time, superior to the other shapes, on the mast at Signal Hill,

Night Signals.

　　　　　The following Night Signals will, as heretofore, be exhibited from the Flagstaff on the roof of the Water Police Station at Kowloon, the Harbour Office Flagstaff, and H.M.S. Tamar.

I. Three Lights Vertical, GREEN GREEN GREEN.

more than 300 miles from the Colony,

II. Three Lights Vertical, GREEN RÉD GREEN.

than 300 miles from the Colony,

Indicates that a typhoon is believed to be situated

Indicates that a typhoon is believed to be situated less

III. Three Lights Vertical, RED GREEN RED. Indicates that the wind may be expected to increase to full

typhoon force at any moment.

　　　　　No. III Signal will be accompanied by the Explosive Bombs, as above, in the event of the information conveyed by this signal being first published by night.

These Night Signals will be substituted for the Day Signals at sunset, and will, when necessary, be altered during the night.

Supplementary Warnings.

　　　　　For the benefit of Native Craft and passing Ocean Vessels, a CONE will be exhibited at each of the following stations during the time that any of the above Day Signals are hoisted in the Harbour,

Gap Rock,

Waglan.

Stanley,

Cape Collinson,

Aberdeen. Sau Ki Wan. Sai Kung,

Sha Tau Kok. Tai Po.

This will indicate that there is a depression somewhere in the China Sea, and that a Storm Warning is hoisted in the

Harbour.

Further details can always be given to Ocean Vessels, on demand, by signal, from the lighthouses,

Eth September, 1911.

F. G. FIGG,

Director.

396

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 15, 1911.

No. 281.

　　　　Order made by the, Governor-in-Council for the Constitution of a Chinese Vernacular Primary Education Board, this 7th day of September, 1911.

　　　　1. A Board of Chinese Vernacular Primary Education is hereby constituted and shall continue so long as this Order remains in force, with the following duties, namely:-

(1.) To promote efficient Chinese Vernacular Education in the Colony.

(2.) To collect funds to supplement the Government Subsidy.

2. The funds at the disposal of the Board shall be expended :-

(1.) In grants to such Chinese Vernacular Primary Schools (hereinafter called "Chinese Board Schools") as may come under its supervision and control. (2.) In payment of one or more competent Chinese scholars, with experience of

teaching to act as Inspector, Examiner, and Supervisor of the Schools. In such other ways as the Board may think advisable for the object in view.

3. The Board shall

(1.) Keep records of its proceedings, signed by the Chairman.

2.) Keep regular accounts, and submit to the Governor an annual statement of

Income and Expenditure, and of Assets and Liabilities.

(3.) Submit to the Governor as soon after the 1st of January in each year as may be possible, a report of its operations during the preceding year, with a list of the Schools under its supervision and control, and such details regarding them as the Governor may require.

4. The Board shall consist of the Registrar General and Director of Education (ea officio) and of five or more Chinese gentlemen to be nominated by the Governor. Every All ques- member so nominated shall hold office for three years, but may be re-nominated. tions shall be decided by a majority of votes, the Chairman having a Casting Vote in case of an equality. The Chairman will be nominated by the Governor. Any member who may be reported to the Governor by the Board as having without good cause, been absent from three consecutive Meetings, may be declared by the Governor to have ceased to be a member. Three private and one official members shall form a quorum for any purpose.

5. Such sum of money as the Governor with the consent of the Legislative Council may annually assign from the Revenues of the Colony, shall be placed at the disposal of the This subsidy may be increased in any Board for the purposes set forth in Rules 1 and 2. year if the income raised from other sources has considerably increased, but if the Governor be not satisfied that the grant for the previous year was wisely expended it may be reduced.

C. CLEMENTI,

COUNCIL. CHAMBER,

7th September, 1911.

Clerk of Councils.

Pursuant to Rule 4 His Excellency the Governor has been pleased to appoint the Hon. Mr. A. W. Brewin, C.M.G., to be Chairman, and the following Chinese gentlemen as Members of the Board :-Hon. Dr. Ho Kai, C.M.G.. Hon. Mr. Wei Yuk, C.M.G., Mr. Lau Chü Pak, Mr. Chan Kai Ming and Mr. Ho Fook.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 15, 1911.

APPOINTMENTS, &c.

397

　　No. 282.-lis Excellency the Governor has been pleased to appoint His Honour Mr. HENRY HESSY JOHNSTON GOMPERTZ to act as Chief Justice during the absence on leave of His Honour Sir FRANCIS TAYLOR PIGGOTT, Kt., or until further notice, with effect from this date.

15th September, 1911.

NOTICES.

SUPREME COURT.

　　No. 283. It is hereby notified that the name of the American Cinematograph and Vaudeville Company, Limited, has been struck off the Register.

15th September, 1911.

HUGH A. NISBET,

Registrar of Companies.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 284. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Classes in which renewed.

No. 174 (1) of 1897.

10th September, 1897.

Wilkinson, Heywood and

Clark, Limited.

9th September, 1925.

No. 174 (2) of 1897.

Do.

50.

No. 174 (3 to 8)

Do.

1 and 4.

of 1897.

No. 175 of 1897.

14th September, Messrs. J. & P. Coats, Li- 14th September,

23.

1897.

mited.

1925.

No. 176 of

1897.

Do.

Messrs. Jonas. Brook and

Brothers.

13th September, 1925.

23.

　　No. 285.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 14th day of October, 1911, unless the prescribed fee for renewal of registration is paid before that date :-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 177 (1 to 5) of 1897.

The Yau Ke firm, Tai Ping Bridge, Canton,

China.

14th September, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

400

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911.

TELEGRAM FROM THE SECRETARY OF STATE.

No. 286.

Governor, Hongkong.

Ilis Majesty's Government have recognised Portuguese Republic.

16th September, 1911.

HARCOURT.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 287.

CIRCULAR.

DOWNING STREET,

12th August, 1911.

　　　　SIR,-With reference to my Circular despatch of the 25th of April last, I have the honour to inform you that the State of Brunei has now been included in the Imperial Penny Postage scheme.

The Officer Administering the Government of

I have, etc,

L. HARCOURT.

HONGKONG.

EXECUTIVE COUNCIL.

No. 288.

　　　　Rules framed by the Midwives Board under Section 4 of the Midwives Ordinance, 1910,

1910, (Ordinance No. 22 of 1910).

1. At meetings of the Board three members shall form a quorum.

2. In addition to the certificates in midwifery detailed in Section 3 of the Midwives Ordinance, 1910, as entitling any person to be certified thereunder, the Board approve of the certificates granted by authority of the Government of Hongkong, after examination, to pupil midwives.

3. The following conditions shall hereafter govern the course of training of pupil mid- wives who desire to obtain such Government certificate :

(1.) candidates shall be not less than twenty years of age at the commencement of

the course;

(2.) they must satisfy two members of the Board that they have attained a sufficient

standard of education to enable them to read and write:

(3.) they must pro luce a medical certificate of health from one of the lady medical members of the Board, and a certificate of character from some resident of standing in the Colony;

(4.) the course of training shall extend over a period of not less than two years at a

Maternity Hospital recognized as such by the Board ;

(5.) candidates must pass a satisfactory examination, both by written papers and viva

voce, at the termination of their period of training;

(6.) the examination shall be conducted by members of the Board with the assist-

ance of such other examiners as the Board may decide.

400

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911.

TELEGRAM FROM THE SECRETARY OF STATE.

No. 286.

Governor, Hongkong.

Ilis Majesty's Government have recognised Portuguese Republic.

16th September, 1911.

HARCOURT.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 287.

CIRCULAR.

DOWNING STREET,

12th August, 1911.

　　　　SIR,-With reference to my Circular despatch of the 25th of April last, I have the honour to inform you that the State of Brunei has now been included in the Imperial Penny Postage scheme.

The Officer Administering the Government of

I have, etc,

L. HARCOURT.

HONGKONG.

EXECUTIVE COUNCIL.

No. 288.

　　　　Rules framed by the Midwives Board under Section 4 of the Midwives Ordinance, 1910,

1910, (Ordinance No. 22 of 1910).

1. At meetings of the Board three members shall form a quorum.

3. The following conditions shall hereafter govern the course of training of pupil mid- wives who desire to obtain such Government certificate :

(1.) candidates shall be not less than twenty years of age at the commencement of

the course;

(2.) they must satisfy two members of the Board that they have attained a sufficient

standard of education to enable them to read and write:

(3.) they must pro luce a medical certificate of health from one of the lady medical members of the Board, and a certificate of character from some resident of standing in the Colony;

(4.) the course of training shall extend over a period of not less than two years at a

Maternity Hospital recognized as such by the Board ;

(5.) candidates must pass a satisfactory examination, both by written papers and viva

voce, at the termination of their period of training;

(6.) the examination shall be conducted by members of the Board with the assist-

ance of such other examiners as the Board may decide.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911. 401

(7.) The pupil midwives now undergoing a course of training at the Alice Memorial Maternity Hospital will be excused from compliance with clauses 1, 2 and 3, and from the written examination, and their course of training shall be deemed to have commenced from the date when they entered such hospital as pupil midwives.

4.-(1.) Any person desiring to commence practice as a midwife in Hongkong is required to give notice in writing to the Secretary of the Midwives Board of her intention so to do, and such notice shall contain the following particulars:-

(a.) name of applicant ;

(b.) age;

(c.) address;

(d.) nature of qualification;

(e.) two copies of a recent photograph (unmounted), one of which will be inserted in the roll of midwives and the other affixed to the certificate issued to the applicant by the Midwives Board

(f) a certificate of character from some resident of standing in the Colony.

(2.) The notice and accompanying documents shall be considered by the Board, and the Board, if satisfied with the applicant's qualifications, shall issue a certificate under the Ordinance, and direct the secretary to enter the applicant's name on the Roll of Midwives.

DIRECTIONS TO MIDWIVES.

1. The midwife must be scrupulously clean in every way, because the smallest particle of decomposing matter may set up puerperal fever.

　　　She must wear a clean dress of washable material, the sleeves of which should be made sufficiently large to permit of their being tucked well up above the elbows, and before pro- ceeding from one case to another she must thoroughly cleanse and disinfect her hands and forearms and such appliances as she may have had occasion to use.

Note.-Unless the cleansing process be thoroughly carried out there will be, even after a healthy confinement, remains of blood, lochia, or liquor amnii on the fingers, and especially under the nails, which will there undergo decomposi- tion, and so become dangerous to the next patient attended. The midwife mus, therefore, keep her nails cut short, and preserve the skin of her hands as far as possible from chaps and other injuries.

　　　2. When called to a confinement a midwife must take with her in a bag or basket furnished with a clean washable lining

(a.) An appliance for giving vaginal injections, a different appliance for giving enemata, a sterilized catheter, a pair of scissors, a clinical thermometer, and a

nail brush.

(b.) An antiseptic for disinfecting the hands, etc.

(c.) An antiseptic for douching in special cases.

Note.--In the case of untrained midwives, the catheter and appliances for giving

vaginal injections may be omitted.

3. Before touching the genital organs the midwife must on each occasion disinfect her hands and forearms.

　　　4. All instruments and other appliances must be disinfected, preferably by boiling, before being brought into contact with the patient's generative organs.

　　　5. Whenever a midwife has been in attendance upon a patient suffering from puer- peral fever, or from any other illness supposed to be infectious, she must disinfect herself, her clothing, and all her instruments and other appliances to the satisfaction of the Medical Officer of Health.

Duties to Patient.

6. A midwife in charge of a case of labour must not leave the patient without giving an address at which she can be found without delay; and after the commencement of the second stage, she must stay with the woman until one hour has elapsed after the expulsion of the placenta. In cases where a doctor has been sent for on account of the labour being abnormal or of there being threatened danger (see Rule 18), she must await the arrival of, and faithfully carry out the doctor's instructions.

402

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911.

7. The midwife must wash the patient's external parts with soap and water, and then swab them with an antiseptic solution on the following occasions :-

(a.) Before making the first internal examination.

(b.) After the termination of labour.

(c.) Daily during the lying-in period.

(d.) Before passing a catheter.

　　　　For this purpose the midwife must on no account use ordinary sponges or cloths, but clean absorbent cotton wool or a clean towel.

8. No more internal examinations should be made than are absolutely necessary.

9. Under no circumstances may the midwife use midwifery forceps.

　　　　10. The midwife in charge must in all cases of labour examine the placenta and mem- branes before they are destroyed, and must satisfy herself that they have been completely expelled.

　　　　11. The midwife must see that all swabs, blood clots, soiled paper, and the placenta are removed from the neighbourhood of the patient and from the lying-in room and placed in the refuse bin as soon as possible after the labour, and in every case before she leaves the patient's house.

　　　　12. The midwife shall be responsible for the cleanliness, and should give full directions for securing the comfort and proper dieting of the mother and child during the lying-in period, which shall be held, for the purpose of these regulations and in a normal case, to mean the time occupied by the labour and a period of one week thereafter.

　　　　13. A case of normal labour in these regulations shall mean a labour in which there. are none of the conditions specified in Rule 18.

Duties to Child.

　　　　14. In the case of a child being born apparently dead, the midwife should carry out the methods of resuscitation which have been taught her.

　　　　15. As soon as the child's head is born, and if possible before the eyes are opened, its eyelids must be carefully cleansed with a piece of absorbent cotton wool or lint, using a separate piece for each eye.

16. The midwife shall report every birth occurring in her practice to the Registrar of Births within seven days, together with the name and address of the mother.

General.

　　　　17. The midwife shall not administer to the patient any drug except Ergot, Quinine, and a simple aperient as required.

Conditions in which Medical Help is Required.

　　　　18. In all cases of incomplete abortion, of illness of the patient or child, or of any abnormality occurring during pregnancy, labour, or lying-in, the midwife must explain that the case is one in which the attendance of a registered medical practitioner is required, and advise that one be called or that the patient be sent to a hospital for treatment.

　　　　In case of refusal to comply with such advice or if for any reason the services of a registered medical practitioner be not immediately available, the midwife must, if the case be one of emergency, remain with the patient and do her best for her mitil the doctor arrives, or until the emergency is over.

19. The foregoing rule shall apply :-

(1) In all cases in which a woman during Pregnancy, Labour, or Lying-In

appears to be dying.

Labour.

(2.) In the case of a woman in Labour at or near term, when there is any abnor-

mality or complication, such as-

A purulent discharge.

A breech presentation in a primipara and presentations other than

the uncomplicated head.

Where no presentation can be made out.

Where there is any hæmorrhage before labour.

Where there is abnormal hæmorrhage during or after labour.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911. 403

Where labour is prolonged more than three hours after the com-

mencement of the second stage.

Where the use of midwifery forceps appears to be necessary. Where one hour after the birth of the child the placenta and mem-

branes have not been completely expelled.

In serious cases of rupture of the perinæum, or of other injuries of

the soft parts.

Lying-in.

(3.) In the case of a Lying-in woman, when there is any abnormality or complica-

tion, such as-

Abdominal swelling and tenderness.

Offensive lochia.

Rigor, or rise of temperature above 101° persisting for more than 24

hours.

Unusual swelling of the breasts with local tenderness or pain.

Secondary postpartum hæmorrhage.

The Child.

(4.) In the case of the child, when there is any abnormality or complication, such

Injuries received during birth.

Inflammation of the eyes or about the navel.

20. The midwife shall keep a Register of cases in the following form:-

No.

Name, age, and address of patient

Number of previous labours and miscarriages Complications (if any) during or after labour

Sex of infant

Full term or premature.

If medical help required

Date of midwife's last visit

Born living or dead

If premature, number of months

Name of doctor or hospital

Condition of mother and child then.

　　21. The midwife shall report to the Principal Civil Medical Officer within seven days the particulars of the following cases :-

(1.) in all cases in which the death of the mother or of the child occurs before the

attendance of a registered Medical Practitioner ;

(2.) in all cases of still birth where a registered Medical Practitioner is not in

attendance.

Note.-A child is deemed to be still born when after being completely born it has

not breathed or shown any sign of life.

　　22. The midwife must immediately notify any change of her address to the Secretary of the Midwives Board and is also required to give notice to the Secretary in the month of January of each year, if she desires to continue to practise.

23. The midwife must submit her register and her bag of appliances for inspection by the Principal Civil Medical Officer or by any member of the Board duly authorised to make such inspection, whenever called upon to do so.

24. A midwife who neglects to comply with any of these rules shall be admonished by the Board and should she continue to offend in this respect the Board may, in its discretion, either suspend such midwife from practice for a limited period, or may order her certificate to be cancelled and her name to be removed from the roll.

Made by the Board this fifth day of September, 1911.

FRANCIS CLARK,

Secretary.

Approved by the Governor-in-Council this 20th day of September, 1911.

C. CLEMENTI,

Clerk of Councils.

404

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 22, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　No. 289. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 178 (1-4) 22nd September,

of 1897.

1897.

Messrs. James Kenyon and

Son.

21st September, 1925.

24.

2nd September, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks,

406

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 290.

ORDER IN COUNCIL APPLYING EXTRADITION ACTS 1870-1906

TO PARAGUAY,

AT THE COURT AT BUCKINGHAM PALACE, THE 5TH DAY OF JULY, 1911.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY.

Lord PRESIDENT.

Lord CHAMBERLAIN,

Lord KINNEAR.

Mr. Secretary CHURCHILL.

Mr. Secretary HARCOURT. Sir JOSEPH WAPD.

Sir CHARLES FITZPATRICK. Sir GEORGE MURRAY.

Sir EDWARD MORRIS.

Sir T. VEZEY STRONG.

Sir WILLIAM ANSON.

Sir FREDERICK POLLOCK.

Sir JOHN RHYS.

Sir RUFUS ISAACS. Mr. MCKINNON WOOD. Mr. T. J. MACNAMARA. Mr. J. H. WHITLEY. Mr. CHARLES FENWICK. Mr. J. W. WILSON. Mr. A. BONAR LAW. Mr. W. HAYES FISHER.

•

Mr. LAURENCE HARDY. Mr. F. E. SMITH.

Mr F. HUTH JACKSON.

WHEREAS by the Extradition Acts, 1870 to 1906, it was amongst other things enacted

that, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of His Majesty's domi- nions specified in the Order, and render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient:

　　　　And whereas a Treaty was concluded on the twelfth day of September, one thousand nine hundred and eight. between His Majesty King Edward VII and the President of the Republic of Paraguay, for the extradition of criminals, which Treaty is in the terms follow- ing

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, and His Excellency the President of the Republic of Paraguay, having determined, by common consent, to conclude a Treaty for the extradition of criminals, have accordingly named as their Plenipotentiaries:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, Cecil Gosling, Esquire, His Chargé d'Affaires in the Republic of Paraguay;

And His Excellency the President of the Republic of Paraguay,, His Excellency Doctor Eusebio Ayala, Minister for Foreign Affairs of the Republic of Paraguay ;

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

ARTICLE 1.

The High Contracting Parties engage to deliver up to each other, under certain circum- stances and conditions stated in the present Treaty, those persons who, being accused or con- victed of any of the crimes or offences enumerated in Article 2, committed in the territory of the one l'arty, shall be found within the territory of the other l'arty.

ARTICLE 2.

Extradition shall be reciprocally granted for the following crimes or offences :-

1. Murder, or attempt or conspiracy to murder.

2. Manslaughter.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

407

3. Administering drugs or using instruments with intent to procure the miscarriage

.of women.

4. Rape.

　　　5. Carnal knowledge, or any attempt to have unlawful carnal knowledge of a girl under the age of 16 years, so far as such acts are punishable by the law of the State upon which the demand is made.

6. Indecent assault.

7. Kidnapping and false imprisonment, child stealing.

8. Abandoning, exposing, or detaining children.

9. Abduction.

10. Bigamy.

11. Maliciously wounding or inflicting grievous bodily harm.

12. Assault occasioning actual bodily harm.

13. Threats, hy letter or otherwise, with intent to extort money or other things of value.

14. Arson.

15. Burglary or house-breaking, robbery with violence, larceny, or embezzlement.

16. Fraud by a bailee, banker, agent, factor, trustee, director, inember, or public officer of any Company.

17. Obtaining money, valuable security, or goods by false pretences; receiving any money, valuable security, or other property, knowing the same to have been stolen or unlaw- fully obtained.

18.-(a.) Counterfeiting or altering money, or bringing into circulation counterfeited or altered money.

(b.) Knowingly making, without lawful authority, any instrument, tool or engine, adapted and intended for the counterfeiting of the coin of the realm.

19. Forgery, or uttering what is forged.

20. Crimes against bankruptcy law.

21. Any malicious act done with intent to endanger the safety of any persons travelling or being upon a railway.

22. Malicious injury to property if such offence be indictable.

　　　23. Piracy and other crimes or offences committed at sea against persons or things which, according to the laws of the High Contracting Parties, are extradition offences.

24. Dealing in slaves in such manner as to constitute a criminal offence against the laws of both States.

With regard to the effect of this last paragraph, as the Paraguayan Penal Code does not consider slave-dealing, it is declared by the present Treaty that that act is considere l as piracy and subject to the penalties of that offence.

　　　Extradition shall also be granted for participation in any of the aforesaid crimes, pro- vided such participation be punishable by the laws of both Contracting Parties.

Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which, according to the law of both the Contracting Parties for the time being in force, the grant can be made.

ARTICLE 3.

Neither party is obliged to surrender its own subjects or citizens to the other party.

ARTICLE 4.

　　　Extradition shall not take place if the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, has already been tried and discharged or punished, or is awaiting trial in the territory of the United Kingdom or in the Republic of Paraguay respectively for the crime for which his extradition is demanded.

If the person claimed on the part of His Britannic Majesty's Government, or of the Government of Paraguay, should be awaiting trial or undergoing sentence for any other crime in the territory of the United Kingdom or the Republic of Paraguay respectively, his extradition shall be deferred until after he has been discharged, whether by acquittal or on expiration of sentence, or otherwise.

408

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

ARTICLE 5.

Extradition shall not be granted if exemption from prosecution or punishment has been acquired by lapse of time, according to the laws of the State applying or applied to.

Neither shall it be granted if, according to the law of either country, the maximum punishment for the offence charged is imprisonment for less than one year.

ARTICLE 6.

A fugitive criminal shall not be surrendered if the offence in respect of which his sur- render is demanded is one of a political character, or if he proves that the requisition for his surrender has, in fact, been male with a view to try or punish him for an offence of a political character.

ARTICLE 7.

A person surrendered shall in no case be kept in prison or be brought to trial in the State to which the surrender has been made for any other crime, or on account of any other matters, than those for which the extradition shall have taken plac, until he has been restored, or has had an opportunity of returning, to the State by which he has been surrendered.

The stipulation does not apply to crimes committed after the extradition.

ARTICLE 8.

　　　The requisition for extradition shall be made through the Diplomatic Agents of the High Contracting Parties respectively.

　　　The requisition for the extradition of an accused person must be accompanied by warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.

　　　If the requisition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on the convicted person by the competent Court of the State that makes the requisition for extradition.

　　　A sentence passed in contumaciam is not to be deemed a conviction, but a person so sen- tenced may be dealt with as an accused person.

ARTICLE 9.

　　　If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive.

ARTICLE 10.

A criminal fugitive may be apprehended under a warrant issued by any competent authority in either country, on such information or complaint, and such evidence, or after such proceedings, as would, in the opinion of the authority issuing the warrant, justify the issue of a warrant if the crime had been committed or the person convicted in that part of the dominions of the two Contracting Parties in which the said authority exercises jurisdiction ; but the arrested fugitive shall be sent as speedily as possible before the competent Magistrate: of the country where he is arrested.

　　　He shall, in accordance with this Article, be discharged, as well in the Republic of Paraguay as in the United Kingdom, if within the term of sixty days a requisition for extradition shall not have been made by the Diplomatic Agent of his country in accordance with the stipulations of this Treaty. The same rule shall apply to the cases of persons accused or convicted of any of the crimes or offences specified in this Treaty, and committed on the high seas on board any vessel of either country which may come into a port of

the other.

ARTICLE 11.

　　　The extradition shall take place only if the evidence be found sufficient according to the laws of the State applied to, either to justify the commitral of the prisoner for trial, in case the crime had been committed in the territory of the same State, or if extradition is claimed in respect of an offence of which the fugitive has been already convicted, to prove that the prisoner is the person convicted, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911. 499

ARTICLE 12.

The extradition of fugitives under the provisions of this Treaty shall be carried out in His Britannic Majesty's dominions and in the Republic of Paraguay respectively, in confor- mity with the laws regulating extradition for the time being in force in the surrendering State.

ARTICLE 13.

In the examination which they have to make in accordance with the foregoing stipu lations, the authorities of the State applied to shall admit as valid evidence the sworn depo- sitions or the affirmations of witnesses taken in the other State, or copies thereof, and like- wise the warrants and sentences issued therein, and certificates of, or judicial documents stating, the fact of a conviction, provided the same are authenticated as follows:--

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the other State.

2. Depositions or affirmations, or the copies thereof, must purport to be certified, under the hand of a Judge, Magistrate, or officer of the other State, to be the original depositions. or affirmations, or to be true copies thereof, as the case may require.

3. A certificate of, or judicial docume it stating, the fact of a conviction must purport to be certified by a Judge, Magistrate, or officer of the other State.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial docu- ment must be authenticated, either by the oath of some witness, or by being sealed with the official seal of the Minister of Justice, or some other Minister of the other State; but any other mode of authentication for the time being permitted by the law of the country where the examination is taken may be substituted for the foregoing.

ARTICLE 14.

If the individual claimed by one of the High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers on account of other crimes or offences committed upon their respective territories, his extradition shall be granted to the State whose demand is earliest in date.

ARTICLE 15.

If sufficient evidence for the extradition be not produced within ninety days from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper Tribunal thereof, shall direct, the fugitive shall be set at liberty.

ARTICLE 16.

All articles seized which were in the possession of the person to be surrendered at the time of his apprehension shall, if the competent authority of the State applied to for the extradition has ordered the delivery of such articles, be given up when the extradition takes place; and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

ARTICLE 17.

All expenses connected with extradition shall be borne by the demanding State.

ARTICLE 18.

The stipulations of the present Treaty shall be applicable to the Colonies and Possessions of His Britannic Majesty, so far as their local laws permit; for which purpose His Majesty's Government shall be at liberty to make special arrangements with them for the surrender of criminals to Paraguay in accordance with the terms of the Treaty.

The requisition for the extradition of a criminal, who has taken refuge in one of the British Colonies or Possessions, shall be addressed to the Governor or chief authority of the same by the senior local Paraguayan Consular officer, or failing him, by the Ministry for Foreign Affairs.

The Governor, or authority referred to, will deal with the demand in accordance with the provisions of the present Treaty, and to the extent permitted by the local laws; but he will be at liberty either to surrender the criminal or to refer the case to the British Government.

As regards demands for the surrender of criminals fugitives from British Colonies and Possessions, they will be governed by the rules laid down in the present Treaty.

410

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

ARTICLE 19.

　　　　If in any criminal matter pending in any Court or Tribunal of one of the two countries it is thought desirable to take the evidence of any witness in the other, such evidence may be taken by the judicial authorities in accordance with the laws in force on this subject in the country where the witness may be.

ARTICLE 20.

The present Treaty shall come into force ten days after its publication, in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be ter- minated by either of the High Contracting Parties by a notice not exceeding one year and not less than six months.

　　　　It shall be ratified, and the ratifications shall be exchanged at Asuncion as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.

Done in duplicate at Asuncion, the twelfth day of September, nineteen hundred and eight.

(L.S.) (L.S.)

CECIL GOSLING.

EUSEBIO AYALA.

　　　　And whereas the ratifications of the said Treaty were exchanged at Asuncion on the thirtieth day of January, one thousand nine hundred and eleven :

Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Him by the said recited Acts, doth order, and it is hereby ordered, that from and after the Seventeenth day of July, one thousand nine hundred and eleven, the said Acts shall apply in the case of Paraguay, and of the said Treaty with the President of the Republic of l'araguay:

Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada, being Part I of chapter 155 of the Revised Statutes of Canada, 1906, and entitled "An Act respecting the Extradition of Fugitive Criminals," shall continue in force there, and no longer.

No. 291.

CIRCULAR.

ALMERIC FITZROY.

DOWNING STREET,

28th August, 1911.

SIR,- With reference to my Circular despatch of the 25th March last respecting the application of the penny postal rate to letters from the Commonwealth of Australia addressed to British Colonies and Protectorates, I have the honour to inform you that the Australian postal authorities have intimated that the new postal rate came into operation on the 1st May last.

I have, etc.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

410

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

ARTICLE 19.

ARTICLE 20.

　　　　It shall be ratified, and the ratifications shall be exchanged at Asuncion as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed thereto their respective seals.

Done in duplicate at Asuncion, the twelfth day of September, nineteen hundred and eight.

(L.S.) (L.S.)

CECIL GOSLING.

EUSEBIO AYALA.

　　　　And whereas the ratifications of the said Treaty were exchanged at Asuncion on the thirtieth day of January, one thousand nine hundred and eleven :

No. 291.

CIRCULAR.

ALMERIC FITZROY.

DOWNING STREET,

28th August, 1911.

I have, etc.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911. 411

EXECUTIVE COUNCIL.

No. 292.

Regulations made by the Captain Superintendent of Police under Section 19 of The Police Force Consolidation Ordinance, 1900, (Ordinance No. 11 of 1900), and approved by the Governor- in-Council on the 23rd day of September, 1911.

　　　The regulations as to punishments made by the Captain Superintendent of Police and approved by the Governor-in-Council on the 30th day of January, 1901, and published in the Government Gazette on the 9th day of February, 1901, and on pages 442 to 444 of the Regulations of Hongkong, 1910, are hereby revoked and the following are substituted there-

for:

　　　1. Punishments to be inflicted under The Police Force Consolidation Ordinance, 1900, for the offences mentioned in the first column of the scale hereunder will not be in excess of the punishments mentioned in the second column of such scale.

Offence.

Scale above mentioned.

Maximum Punishment,

Disobedience of orders. Sleep- ing on duty. Insubordination. Intoxication. Cowardice in the- performance of duty. Other neglect of duty,

Absence from duty,

Desertion,

Confinement to Barracks with or without drill for seven days. Seven days' imprisonment. Reduction in rank or class.

Dismissal from the Force.

A fine not exceeding seven days' pay.

Confinement to Barracks with or without drill for seven days. Reduction in rank or class.

Dismissal from the Force.

A fine not exceeding seven days' pay in addition to forfeiture of pay during

period of absence.

Dismissal from the Force.

Provided that this Regulation shall not apply to cases dealt with by a Magistrate under Section 23 of The Police Force Consolidation Ordinance, 1900.

2. If any of the offences above mentioned or any other offence against discipline is not met with punishment but with a caution, reprimand or severe reprimand, such caution, reprimand or severe reprimand will be entered in the "Defaulter's Sheet ".

3. In estimating the conduct of any subordinate officer or constable black marks shall attach as well in respect of offences heretofore as hereafter committed according to the fol- lowing scale :-

For a Caution,

Scale.

..1 black mark.

For a Reprimand,...

For a Severe Reprimand,.

For every fine less than one day's pay,

For every fine equal to or exceeding one day's pay

for each day's pay or part of a day's pay,

marks.

mark.

marks.

For each day's confinement to Barracks,...

For each day's drill,

For reduction in rank or class (each grade of reduction), 10 For each day's imprisonment,

4. Good conduct shall be estimated, and red marks shall attach thereto, as follows:

Clear of the Defaulter's Book for 6 months (fixed

periods from 1st January to 30th June and

1st July to 31st December),

2 red marks.

412

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

No. 293.

　　　　Order made by the Governor-in Council under Section 7 of the Rating Ordinance, 1901, (Ordinance No. 6 of 1901), this 26th day of September, 1911.

　　　　It is hereby ordered that a valuation of the tenements in the Colony for the year com- mencing 1st July, 1912, shall be made before the 39th day of April, 1912, or as soon there- after as may be.

No. 294.

Order made by the Governor-in-Council under Section 9 of the Post Office Ordinance, 1900, (Ordinance No. 6 of 1900), this 26th day of September, 1911.

　　　　The following scale of postage rates on ordinary and Insured parcels to Siam will come into force on and from 26th September, 1911 :-

Not exceeding 3 lb. in weight,.

Exceeding 3 lb. but not exceeding 7 lb. in weight, Exceeding 7 lb. but not exceeding 11 lb. in weight,

$0.60

1.20

1.80.

Parcels must not exceed 11 lb. in weight. 35 feet in length, breadth or depth, or 6 feet in length and girth combined.

Parcels may be insured up to £60 or 800 Ticals, fee payable being 25 cents for £12 and 15 cents additional for every additional £12 or part thereof.

COUNCIL CHAMBER,

26th September, 1911.

LEGISLATIVE

COUNCIL.

C. CLEMENTI,

Clerk of Councils.

No. 295.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :-

Ordinance No. 25 of 1911, entitled-An Ordinance to amend the Private Vehicles

Licensing Ordinance, 1895.

Ordinance No. 26 of 1911, entitled---An Ordinance to authorize the Appropriation of a Supplementary Sum of Four hundred and thirty eight thousand nine hundred and nine Dollars and ninety-three Cents, to defray the Charges of the Year 1910.

C. CLEMENTI,

Clerk of Councils,

COUNCIL CHAMBER,

29th September, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 296. In accordance with the King's Regulations for the Army No. 74, a Stand- ing Committee composed as follows will assemble at such times and places as the President may direct:-

President:-

His Excellency the General Officer Commanding the Troops.

The Commodore,

Members :-

The Honourable the Colonial Secretary,

The Officer Commanding Royal Artillery,

The Chief Engineer, and

A Naval Officer recommended by the Commodore for nomination by the

Governor.

ད་

•

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

413

No. 297.-The following amendments of the Grant Code, 1910, are published for general information and will take effect from the 1st January, 1912-

Article 28 is amended by the insertion of the words "In English Schools and Vernacular Schools claiming a grant under Article 39 B" at the beginning

of the Article, and by the addition of the words "In Vernacular Schools claiming a grant under Article 39 A the number may be increased to fifty' at the end of the Article.

Article 34 (b) is amended by the addition of the words "Note (vi.) In the case of Vernacular Schools claiming a grant under Article 39 A, a three years' course of study will be considered sufficient."

Article 39 is amended by the deletion of the figures "$6, $7 and $9" in sub- section A and by the substitution therefor of the figures3, 4 and $5". Also by the deletion of the words "A further Capitation Grant of $1 or $2 is

in sub-section B and by the substitution therefor of the words "Capitation Grants of $7, $9 or $11 are".

Article 41 is amended by the deletion of the word "schools" in the first line and the substitution therefor of the words "English Schools and Vernacular Girls' Schools".

29th September, 1911.

WARREN BARNES,

Colonial Secretary.

No. 298.-Financial Statement for the month of July, 1911.

REVENUE AND EXPENDITURE.

TREASURY.

Balance of Assets and Liabilities on 30th June, 1911, Revenue from 1st to 31st July, 1911,

Expenditure from 1st to 31st July, 1911,

Balance,.............

$1,631,188,61

633.140.77

2,264,329,38

521.581.86

$1,789,748,02

Assets and Liabilities on the 31st July, 1911.

LIABILITIES.

Deposits not Available,

Officers' Remittances,

Crown Agents' Advances,

Bills,

Postal Agencies, China,

ASSETS.

167.05|

211,934.37 Balance, Bank,

Subsidiary Coins,

4,970,277.01 !

Advances,

218,465.42

Imprest,

36,611.16

Railway Construction,

Suspense Account........

Total Liabilities,.

5,437,455.01

Balance,

1,739,748.02

TOTAL, 7,177,203.03

22nd September, 1911.

House Service Account,

Crown Agents" Current Account,. Unallocated Stores,

436,102.69

84,643.35

66,770.91

9,002.94

6,291,095.43

224.91

324.75

9,663.54

279,371.51

TOTAL,.........$

7,177,203.03

A. M. THOMSON,

Treasurer,

414

THE HONGKONG GOVERNMENT GAZETTE, SEPTEMBER 29, 1911.

SUPREME COURT.

　　　　No. 299. It is hereby notified that at the expiration of three months from the date hereof the China Trust and Deposit Company, Limited, will, unless cause is shewn to the contrary, be struck off the Register and the Company will be dissolved.

29th September, 1911.

HUGH A. NISBET,

Registrar of Companies.

LAND REGISTRY OFFICE.

　　　　No. 300.-It is hereby notified for general information that Memorials of re-entry by the Government on Tai Tam Tuk Village Lots Nos. 4 and 6 have been registered accord- ing to Law.

29th September, 1911.

P. JACKS,

Land Officer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 301.-It is hereby notified that the following Letters Patent have been granted :-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. 10 of 1911.

25th Sept.. 1911.

Description of Invention.

Frederick Cotterell. 41 Lonsdale Street, Mel- bourne, in the State of Victoria. Common- wealth of Australia.

An invention for improvements in glass bevelling machines,

25th September, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

416

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

EXECUTIVE COUNCIL.

No. 302.

　　　　Regulations made by the Governor-in-Council under the Money- lenders Ordinance, 1911, (Ordinance No. 16 of 1911), on the 28th day of September, 1911.

1. The Registrar of Companies shall be the Registrar of Money-lenders and the Regis- try of the Supreme Court shall be the office for the registration of money-lenders.

2. The fee to be paid in respect of each registration or renewal thereof, whether such renewal shall arise in consequence of the expiration of the period of three years after which (by virtue of the provisions of section 4 (2) of Ordinance No. 16 of 1911) registration shall cease to have effect, or in consequence of any change which may be made during that period in respect of name or names, address or addresses, of the person or persons registered, or in any other particular, shall be the sum of ten dollars.

　　　　3. The fee payable for the inspection of each separate return on the register shall be the sum of one dollar the payment of which sum shall entitle any person inspecting to receive a certified copy of any registered return.

　　　　4. Any application for exemption from registration under section 6 (d) of Ordinance No. 16 of 1901 shall be made on foolscap paper in the Form A hereto annexed and shall be signed by some responsible officer or member, as the case may be, of the

company, association or partnership applying for such exemption.

5. Such application shall be accompanied :

(a.) In the case of a registered company,

7 a copy of the memorandum and

articles of association, and in othe cases by a copy of the charter, deed of settlement, or other document of 1. corporation, or by a copy of the partnership agreement as the case may be.

5.) By a copy of the regulations governing the rights of members.

(c.) By a copy of the last balance sheet.

(d.) By an affidavit by some responsible officer or member, as the case may be, of the company, association or partnership setting out the nature of the business and certifying that the copies forwarded under paragraphs (a), (b) and (c) of this regulation are true copies.

　　　　6. The Governor-in-Council may require, and the company, association, or partnership (if so required) shall supply, further information by affidavit, production of documents or otherwise as the Governor-in-Council may think proper, concerning the constitution, objects and financial position of the company, association or partnership, and also concerning the manner in which it has carried on its business.

7. The Governor-in-Council may require, and the company, association or partnership (if so required) shall cause notice of the application to be advertised in such papers as the Governor-in-Council may prescribe.

8. If in the opinion of the Governor-in-Council the company, association or partnership is a proper one for exemption under Ordinance No. 16 of 1911, the Governor-in-Council shall make an order exempting such company, association or partnership from registration under the said Ordinance upon such conditions and for such period as the Governor-in- Council may think fit. Such Order shall be in the Form B hereto annexed and a copy of it shall be published in the Gazette.

9. Upon the expiration of the period limited by any order the company, association or partnership may make a further application for renewal of the order of exemption and the Governor-in-Council may thereupon make further orders exempting the company, association or partnership from registration upon such conditions and for such further period as the Governor-in-Council may think fit.

tion.

10. The Governor-in-Council may at any time by order revoke any order for exemp- A copy of such revoking order shall be published in the Gazette and thereupon the company, association or partnership s all cease to be exempted from registration under Ordin- ance No. 16 of 1911.

COUNCIL CHAMBER,

28th September, 1911.

C. CLEMENTI,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

Form A.

THE MONEY-LENDERS ORDINANCE, 1911.

(Ordinance No. 16 of 1911.)

417

Application for the exemption of a Company, Association or Partnership from Regis- tration under the above-mentioned Ordinance.

I *

being duly authorised in that behalf by ‡ of which I am $

business at **

of †

and which carries on its in the Colony of Hongkong,

hereby make application to the Governor-in-Council on behalf of the said f

for an order exempting the said †

* Here insert

full name.

Here insert

full address.

Here insert

name of the company. association

ship.

from registration as a money-lender, under the provisions of the above-mentioned or partner- Ordinance, upon the following grounds ††

§ Here state whether secretary, director or partner.

** Here in- sert address of business. ++ Here

state grounds for exemp- tion.

Dated this

day of

(Signed)

To the Clerk of Councils,

Colonial Secretary's Office,

Hongkong.

Form B.

THE MONEY-LENDERS ORDINANCE, 1911.

Order of Exemption.

pursuance of the powers conferred by section 6 (d) of the Money-lenders Ordinance, 1911, (Ordinance No. 16 of 1911), it is hereby ordered by the Governor-in-Council that

the

whose address is

be exempted from registration as a money-lender under the provisions of the said Ordinance for a period of

　　　　　　　　　　　　　　　　　　　　　　　　　from the day of the publication of this Order in the Gazette or until the earlier revocation of this Order by the Governor-in- Council.

418

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

APPOINTMENTS, &C.

　　　　No. 303. It is hereby notified that the following Revenue Officers have been appointed under Section 59 of the Opium Ordinance, 1909, (Ordinance No. 23 of 1909), to act as Excise Officers under that Ordinance :-

European Revenue Officers.

DONALD JOHN MACKENZIE.

LANCELOT ERNEST BRETT.

SAMUEL JAMES CLARKE.

THOMAS SUTHERLAND.

LOUIS ALFRED Langley,

Chinese Revenue Officers.

No. 1 CHAU HING

No. 2 KWOK KAI

No. 7 YAU CHEUNG

No. 10 CHAN PATA

No. 11 LEI SAU

No. 15 CHU SHING

No. 20 TSANG FUR

5th October, 1911.

昌邱

NOTICES.

OBSERVATORY.

　　　　No. 304.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of September, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

DATE.

CLOUDI SUN-

NESS.

RAIN.

SHINE.

AT M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir.

Vel.

ins.

29.56

ins. p. c.

p. c.

hrs.

ins.

Points. Miles

p. h.

89.2 85.4

81.3 67

0.82

8.9

W by N 13.6

.54

89.1 85.3

82.9 71

.86

100

0.5

SW by W 15.0

.56

84.5 79.3

75.0 91

.91

100

2.640

WSW 14.7

.59

87.2 80.8

76.7 89

.93

3.1

1.365

SW by W 12.9

.66

86.5 81.3

77.6 81

.86

9.3

0.065

W by N

7.7

.76

87.6

80.5

76.0 78

.82

6.7

0.575

6.2

.84 83.4 79.0

76.1 80

.79

5.8

E by S

4.5

.86

84.0

78.1 75.9 86

.83

4.4

E by S

8.0

.88

80.9 77.3

75.6 91

:85

1.8

E by S

7.7

10.

.94

84.0 79.4

76.2 88

.89

10.6

E by S

9.5

11,

.95 85.8 79.7 76.7 35

.86

10.4

0.070

E by S

7.2

12,

.91

85.1 79.6 75.3 84

.85

10.4

ESE

4.3

13,

.88

83.9 79.4 75.5 84

.84

10.2

E by S

7.6

14,

.88

87.3

80.5 76.0 82

.86

9.9

ESE

6.3

15,

.88

87.0

81.3

76.8 80

.86

10.3

ESE

4.5

16,

,84

86.5

82.1: 77,8 77

.84

9.6

SW by W 4.5

17,

.74 92.1

84.7 78.9 69

.82

10.0

NW by N 9.3

18,

.7!

86.0

82.5 78.5 66

.74

3.5

0.020

NE by N 17.9

19,

.69

82.6

79.7

75,9 80

.81

0.2

0.975

ENE 38.2

20,

.82

83.4

80.3 78.8 83

.86

6.2

0.180

25.8

21,

.89

86.2

81.4 77.8

.87

10.3

E by S

8.6

22,

.89 81.3 80.9

77.0 77

.81

10.8

13.6

23,

.90

82.6 80.3

78.5 76

.79

8.4

0.005

19.8

24, 25,

.92

85.5 80.7

78.8 79

.83

.8.6

16.3

.94 84.3 80.7 78.4 79

.83

9.8

E by S

11.5

26,

.90

87.3 81.1

77.7 74

.79

10.1

8.1

27,

.80 88.2 81.5 77.7 79

.85

9.4

SW by W

4.3

28,

.67

89.5 83.2 78.2

.76

1.9

8.2

29,

30,

.59

91.9 83.9 79.7

.56

87.9 81.8

76.2

: 988

.70

6.9

0.040

N by E 12.8

.73

3.0

0.280

N by E 14.6

31.

Means or

29.78

86.1 81.1 77.4 78

0.83

57 211.0

6.215

E by N 11.4

Total,

418

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

APPOINTMENTS, &C.

European Revenue Officers.

DONALD JOHN MACKENZIE.

LANCELOT ERNEST BRETT.

SAMUEL JAMES CLARKE.

THOMAS SUTHERLAND.

LOUIS ALFRED Langley,

Chinese Revenue Officers.

No. 1 CHAU HING

No. 2 KWOK KAI

No. 7 YAU CHEUNG

No. 10 CHAN PATA

No. 11 LEI SAU

No. 15 CHU SHING

No. 20 TSANG FUR

5th October, 1911.

昌邱

NOTICES.

OBSERVATORY.

　　　　No. 304.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of September, 1911.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

DATE.

CLOUDI SUN-

NESS.

RAIN.

SHINE.

AT M.S.L.

Rel. Max. Mean. Min.

Abs.

Dir.

Vel.

ins.

29.56

ins. p. c.

p. c.

hrs.

ins.

Points. Miles

p. h.

89.2 85.4

81.3 67

0.82

8.9

W by N 13.6

.54

89.1 85.3

82.9 71

.86

100

0.5

SW by W 15.0

.56

84.5 79.3

75.0 91

.91

100

2.640

WSW 14.7

.59

87.2 80.8

76.7 89

.93

3.1

1.365

SW by W 12.9

.66

86.5 81.3

77.6 81

.86

9.3

0.065

W by N

7.7

.76

87.6

80.5

76.0 78

.82

6.7

0.575

6.2

.84 83.4 79.0

76.1 80

.79

5.8

E by S

4.5

.86

84.0

78.1 75.9 86

.83

4.4

E by S

8.0

.88

80.9 77.3

75.6 91

:85

1.8

E by S

7.7

10.

.94

84.0 79.4

76.2 88

.89

10.6

E by S

9.5

11,

.95 85.8 79.7 76.7 35

.86

10.4

0.070

E by S

7.2

12,

.91

85.1 79.6 75.3 84

.85

10.4

ESE

4.3

13,

.88

83.9 79.4 75.5 84

.84

10.2

E by S

7.6

14,

.88

87.3

80.5 76.0 82

.86

9.9

ESE

6.3

15,

.88

87.0

81.3

76.8 80

.86

10.3

ESE

4.5

16,

,84

86.5

82.1: 77,8 77

.84

9.6

SW by W 4.5

17,

.74 92.1

84.7 78.9 69

.82

10.0

NW by N 9.3

18,

.7!

86.0

82.5 78.5 66

.74

3.5

0.020

NE by N 17.9

19,

.69

82.6

79.7

75,9 80

.81

0.2

0.975

ENE 38.2

20,

.82

83.4

80.3 78.8 83

.86

6.2

0.180

25.8

21,

.89

86.2

81.4 77.8

.87

10.3

E by S

8.6

22,

.89 81.3 80.9

77.0 77

.81

10.8

13.6

23,

.90

82.6 80.3

78.5 76

.79

8.4

0.005

19.8

24, 25,

.92

85.5 80.7

78.8 79

.83

.8.6

16.3

.94 84.3 80.7 78.4 79

.83

9.8

E by S

11.5

26,

.90

87.3 81.1

77.7 74

.79

10.1

8.1

27,

.80 88.2 81.5 77.7 79

.85

9.4

SW by W

4.3

28,

.67

89.5 83.2 78.2

.76

1.9

8.2

29,

30,

.59

91.9 83.9 79.7

.56

87.9 81.8

76.2

: 988

.70

6.9

0.040

N by E 12.8

.73

3.0

0.280

N by E 14.6

31.

Means or

29.78

86.1 81.1 77.4 78

0.83

57 211.0

6.215

E by N 11.4

Total,

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

Max'm,

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR SEPTEMBER :-

320

419

Mean,

Min'm,

29.89 29.84 29.76

87.3 81.9 85.8 80.4 82.5 78.6

78.4

0.88

76.6 74.1

9.80

65 0.69

30.59 245.7 196.6 9.64 0.63 | 161.3

19.0

...

E by N 11.9 6.9

4th October, 1911.

F. G. FIGG,

Director.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 305. It is hereby notified that Mr. Kwok YIK-TING of the Tung Cheung firm of No. 151 Des Voeux Road Central, Hongkong, has by assignment become proprietor of Letters Patent registered on the 5th August, 1909, under the number 5 of 1909, by Mr. THOMAS WINSTANLEY, of 8 Livingstone Road, Blackburn, in the County of Lancashire, England. Mechanical Engineer.

A. G. M. FLETCHER,

Registrar of Trade Marks.

4th October, 1911.

SUPREME COURT.

No. 306.-It is hereby notified that at the expiration of three months from the date hereof Moss Brothers and Company, Limited, will, unless cause is shewn to the contrary, be struck off the Register and the Company will be dissolved.

6th October, 1911.

HUGH A. NISBET,

Registrar of Companies.

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 6, 1911.

Max'm,

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR SEPTEMBER :-

320

419

Mean,

Min'm,

29.89 29.84 29.76

87.3 81.9 85.8 80.4 82.5 78.6

78.4

0.88

76.6 74.1

9.80

65 0.69

30.59 245.7 196.6 9.64 0.63 | 161.3

19.0

...

E by N 11.9 6.9

4th October, 1911.

F. G. FIGG,

Director.

OFFICE OF REGISTRAR OF TRADE MARKS.

A. G. M. FLETCHER,

Registrar of Trade Marks.

4th October, 1911.

SUPREME COURT.

6th October, 1911.

HUGH A. NISBET,

Registrar of Companies.

422

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 13, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 307.

CIRCULAR.

DOWNING STREET,

6th September, 1911.

SIR,-With reference to Lord Elgin's Circular despatch of the 31st of July, 1907, I have the honour to transmit to you, for publication in the Colony under your government, a copy of an Order of His Majesty in Council giving effect to a further Convention which was concluded on the 3rd of March, 1911, between the United Kingdom and Belgium, amending Article 6 of the Extradition Treaty with Belgium of 29th October, 1901.

The Officer Administering the Government of

I have, etc.,

L. HARCOURT.

HONGKONG.

BELGIUM, EXTRADITION ORDER IN COUNCIL, 1911.

AT THE COURT AT BUCKINGHAM PALACE, THE STH DAY OF AUGUST, 1911.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY.

LORD PRESIDENT.

LORD CHAMBERLAIN.

LORD PENTLAND.

MR. CHARLES HOBHOUSE.

WHEREAS by the Extradition Acts, 1870 to 1906, it was amongst other things enacted

And whereas a Treaty was concluded on the 29th day of October, 1901, between His late Majesty King Edward VII. and His late Majesty the King of the Belgians, for the Extradition of Criminals, which Treaty was amended by a supplementary Convention con- cluded on the 5th day of March, 1907:

　　　　And whereas a further Convention was concluded on the 3rd day of March, 1911, between His Majesty and His Majesty the King of the Belgians, amending Article 6 of the aforesaid Treaty, which Convention is in the terms following:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas. inperor of India, and His Majesty the King of the Belgians, being desirous of amending the provisions of article 6 of the Treaty between Bel- gium and Great Britain of the 29th October, 1901, for the mutual extradition of fugitive criminals, have named as their respective Plenipotentiaries, for this purpose, that is to say:

His Majesty the King of the United Kingdom of Great Britian and Ireland, the Right Honourable Sir Edward Grey, a Baronet of the United Kingdom, a Member of Parliament, His Majesty's Principal Secretary of State for Foreign Affairs;

And His Majesty the King of the Belgians, Count de Lalaing, His Majesty's Envoy Extraordinary and Minister Plenipotentiary at the Court of His Britannic Majesty ;

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 13, 1911.

423

　　Who, having reciprocally communicated their full powers, found to be in good and due form, have agreed as follows:

ARTICLE 1.

　　The following article is substituted for article 6 of the Extradition Treaty of the 29th October, 1901 :-

　　When a person shall have been extradited by one of the High Contracting Parties, that person, until he has returned to the country from which he had been extradited, or until he has had opportunity of returning to it, shall not be detained or brought to justice in the State to which he has been handed over for any crime or on any other charge whatever prior to the extradition, except those in respect of which the extradition has been accorded.

　　Neither shall that person, until he has had an opportunity of returning to the country from which he has been extradited, be handed over to a third State.

ARTICLE 2.

The present Convention shall be ratified, and the ratifications shall be exchanged at London, as soon as possible.

　　It shall come into force ten days after its publication in the manner prescribed by law in the respective countries, and shall have the same force and duration as the Treaty to which

it relates.

　　In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.

Done, in duplicate, at London, the 3rd March, 1911.

(L. s.) (L. s.)

E. GREY.

LALAING.

　　And whereas the ratifications of the above Convention were exchanged at London on the 10th day of May, 1911;

Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Him by the said recited Acts, doth order, and it is hereby ordered, that from and after the 25th day of August, 1911, the said Acts shall apply in the case of Belgium under and in accordance with the said Treaty of the 29th October, 1901, and the supplementary Conventions of the 5th March, 1907, and 3rd March, 1911:

　　Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada, being Part I. of chapter 155 of "The Revised Statutes of Canada, 1906," and entitled "An Act respecting the Extradition of Fugitive Criminals," shall continue in force there, and no longer.

No. 308.

ALMERIC FITZROY.

EXECUTIVE COUNCIL.

Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 10th day of October, 1911.

No dog brought from Shanghai will be permitted to land in this Colony for a period of six months from the 5th October, 1911.

10th Qctober, 1911.

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 13, 1911.

423

　　Who, having reciprocally communicated their full powers, found to be in good and due form, have agreed as follows:

ARTICLE 1.

　　The following article is substituted for article 6 of the Extradition Treaty of the 29th October, 1901 :-

　　Neither shall that person, until he has had an opportunity of returning to the country from which he has been extradited, be handed over to a third State.

ARTICLE 2.

The present Convention shall be ratified, and the ratifications shall be exchanged at London, as soon as possible.

　　It shall come into force ten days after its publication in the manner prescribed by law in the respective countries, and shall have the same force and duration as the Treaty to which

it relates.

　　In witness whereof the respective Plenipotentiaries have signed the present Convention, and have affixed thereto their seals.

Done, in duplicate, at London, the 3rd March, 1911.

(L. s.) (L. s.)

E. GREY.

LALAING.

　　And whereas the ratifications of the above Convention were exchanged at London on the 10th day of May, 1911;

Now, therefore, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Him by the said recited Acts, doth order, and it is hereby ordered, that from and after the 25th day of August, 1911, the said Acts shall apply in the case of Belgium under and in accordance with the said Treaty of the 29th October, 1901, and the supplementary Conventions of the 5th March, 1907, and 3rd March, 1911:

No. 308.

ALMERIC FITZROY.

EXECUTIVE COUNCIL.

Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 10th day of October, 1911.

No dog brought from Shanghai will be permitted to land in this Colony for a period of six months from the 5th October, 1911.

10th Qctober, 1911.

424

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 13, 1911.

No. 309.-His Excellency the Governor-in-Council has been pleased to direct, under Section 7 of the Public Health and Buildings Ordinance, 1903, (Ordinance No. 1 of 1903), that the name of Mr. FRANCIS ROBERT JOHN ADAMS be added to the List of Authorized Architects published in Government Notification No. 10 of the 13th January, 1911.

COUNCIL CHAMBER,

8th October, 1911.

C. CLEMENTI,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 310. His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinance:----

Ordinance No. 25 of 1910, entitled-An Ordinance to provide for the formation of

a Volunteer Reserve.

Ordinance No. 27 of 1911, entitled-An Ordinance to yet further amend the Widows' and Orphans' Pension Ordinance, 1908.

COUNCIL CHAMBER,

12th October, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 311.-His Majesty the King has been pleased to approve the appointment of the Honourable Mr. CHARLES HENDERSON Ross to be an Unofficial Member of the Legislative Council vice Mr. HENRY KESWICK resigned.

12th October, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　No. 312.- It is hereby notified that the following Military Hospital Assistant trained in Western Medical Science is authorized to grant death certificates :---

Rank and Name.

Remarks.

3rd Class Military Sub-Assistant Surgeon RAGHUNATH SINGH, Allowed private

I.S.M.D.

practice.

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 13, 1911. 425

No. 313.-The following is published for general information.

13th October, 1911.

WARREN BARNES,

Colonial Secretary.

CHINESE IMPERIAL MARITIME CUSTOMS.

NOTIFICATION.

Arms and Ammunition: Saltpetre.

It is hereby notified for the information of all concerned that Saltpetre, i.e, nitrate of soda scientifically known as

although commonly employed

and also as

as a fertiliser can also be manufactured into nitric acid an ingredient of high explosives and its import into China is regulated by the rules governing the import of arms and ammuni- tion.

Intending importers can obtain further information by applying to the undersigned.

A. H. HARRIS, Commissioner of Customs.

Offices of the Chinese Imperial Maritime Customs,

York Buildings,

HONGKONG, 10th October, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 314. It is hereby notified that the registration of the following trade marks has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 179 (1-11) of 1897.

12th October, 1897.

Mr. Henry B. Simms.

11th October, 1925.

43.

12th October, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

428

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 20, 1911.

EXECUTIVE COUNCIL.

No. 315.

　　　　Regulation made by the Governor-in-Council under Section 6 of The Theatres and Public Performances Regulation Ordinance, 1908, (Ordinance No. 18 of 1908), as amended by the Theatres and Public Performances Regulation Amendment Ordinance, 1910, (Ordinance No. 17 of 1910), on the 14th day of October, 1911.

The fee payable in respect of the licence for the public performance of stage plays in the City Hall shall be $1 per annum and not $120 as provided by the Table of Fees pub- lished in the Gazette on the 20th August, 1909, and on page 580 of the Regulations of Hongkong, 1910.

14th October, 1911.

No. 316. It is hereby notified that His Excellency the Governor-in-Council has given directions for the rescission of Proclamation No. 7 of the 5th July, 1911, declaring Amoy to be a port or place at which an infections or contagious disease prevails, and that the same is hereby rescinded.

C. CLEMENTI,

Clerk of Councils.

COUNCIL CHAMBER,

-18th October, 1911.

No. 317.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 18.

THURSDAY, 31ST AUGUST, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE Barnes).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

་

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES HENDERSON Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

　　　The Minutes of the last Meeting, held on the 24th August, 1911, were read and confirined.

428

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 20, 1911.

EXECUTIVE COUNCIL.

No. 315.

14th October, 1911.

C. CLEMENTI,

Clerk of Councils.

COUNCIL CHAMBER,

-18th October, 1911.

No. 317.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 18.

THURSDAY, 31ST AUGUST, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (WARREN DELABERE Barnes).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

་

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES HENDERSON Ross.

Mr. CHARLES MONTAGUE EDE.

The Council met pursuant to adjournment.

　　　The Minutes of the last Meeting, held on the 24th August, 1911, were read and confirined.

THE HỎNGKONG GOVERNMENT GAZETTE, OCTOBER 20, 1911.

429

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minute No. 56, and moved that it be referred to the Finance Committee :-

No. 56.-Public Works, Extraordinary, Miscellaneous Works, ...$3,000.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee dated the 24th August, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question -put and agreed to.

PAPERS.-The Colonial Secretary laid on the table the following paper:--

Diagram of the Mong-Kok Tsui Breakwater showing progress of stone depositing

to 30th June, 1911.

　　OPIUM AMENDMENT BILL.-The Colonial Secretary moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to further amend the Opium Ordinance, 1909.

The Attorney General seconded, and the motion was agreed to.

Council in Committee on the Bill.

　　On the motion of the Colonial Secretary, seconded by the Attorney General, the follow- ing amendments were agreed to:-

Sub-section (1) of Section 2 was amended to read as follows:-

"3.-(1.) No person shall import, or aid or abet the importation of any raw opium into the Colony or into the waters thereof, if such importation shall have been notified in the Gazette in pursuance of any resolution of the Legisla- tive Council as being illegal."

　　In section 2, sub-section (2), the words "Superintendent of Imports and Exports" were substituted for the words "Colonial Secretary" in the fourth lin, and the word "through" in the seventh line was deleted.

　　In section 2, sub-section (3), the word "in" in the first line was deleted, the words "of any loose opium" were inserted after the word "importation" in the second line, and the words "any loose opium" in the last line were deleted.

Section 4 was deleted.

　　On Council resuming the Colonial Secretary reported that the Bill had passed through Committee with various amendments and moved that it be read a third time. The Attorney General seconded, motion agreed to, Bill read a third time and passed.

　　RESOLUTION. On the motion of the Colonial Secretary, seconded by the Attorney General, it was unanimously resolved as follows:

Whereas by the provisions of Section 3 of the Opium Ordinance, 1909, as amended by Section 2 of the Opium Amendment Ordinance, 1911, it is provided as follows-"No person shall import, or aid or abet the importation of any raw opium into the Colony or into the waters thereof, if such importation shal! have been notified in the Gazette in pursuance of any resolution of the Legislative Council as being illegal":

430

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 20, 1911.

　　　　　ARMS AND AMMUNITION AMENDMENT BILL.-The Committee stage on the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900, was not proceeded with.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

On Council resuming the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time. The Colonial Secretary seconded, motion agreed to, Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned sine die.

F. D. LUGARD, Governor.

Read and confirmed this 19th day of October, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 318.-His Excellency the Governor has been pleased to recognise Mr. JOHN B. SAWYER provisionally as Vice and Deputy Consul-General of the United States of America at Hongkong.

14th October, 1911.

No. 319. His Excellency the Governor has been pleased to appoint the Honourable Mr. ALEXANDER MACDONALD THOMSON to act as Postmaster General in addition to his other duties with effect from the 5th instant, and Mr. MICHAEL BREEN to act as Assistant Post- master General with effect from this date.

16th October, 1911.

430

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 20, 1911.

　　　　　ARMS AND AMMUNITION AMENDMENT BILL.-The Committee stage on the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900, was not proceeded with.

The Colonial Secretary seconded, and the motion was agreed to.

Council in Committee on the Bill.

ADJOURNMENT.-The Council then adjourned sine die.

F. D. LUGARD, Governor.

Read and confirmed this 19th day of October, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

No. 318.-His Excellency the Governor has been pleased to recognise Mr. JOHN B. SAWYER provisionally as Vice and Deputy Consul-General of the United States of America at Hongkong.

14th October, 1911.

16th October, 1911.

432

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 27, 1911.

EXECUTIVE

COUNCIL.

No. 320.

　　　　Rules made by the Governor-in-Council under Section 41 (b) of the Opium Ordinance, 1909, (Ordinance No. 23 of 1909), this 22nd day of October, 1911.

Rule No. 1 of the Rules in relation to Packages and Quantities made by the Governor- in-Council on the 1st day of March, 1910, and published in the Government Gazette of the 4th March, 1910, and on pages 589 and 590 of the Regulations of Hongkong, 1910, is hereby revoked and the following is substituted therefor:----

B.-1. Prepared and dross opium shall be sold only in the following packages with

weight of contents as stated:

(1.) Earthenware pots,

1st size containing 025 taels.

(2.)

2nd

*036

(3.)

3rd

*040

(4.)

4th

·045

(5.)

5th

·050

(6.)

6th

074

(7.)

7th

195

(8.)

8th

395

(9.)

9th

1·000

(10.) Metal boxes

10th

(11.)

11th

2.000 5'000

COUNCIL CHAMBER,

22nd October, 1911.

C. CLEMENTI,

Clerk of Councils.

LEGISLATIVE COUNCIL.

　　　　No. 321.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :----

Ordinance No. 33 of 1911, entitled--An Ordinance to amend the Probates Ordin-

ance, 1897.

Ordinance No. 37 of 1911, entitled---An Ordinance to further amend the Protec- tion of Women and Girls Ordinance, 1897.

COUNCIL CHAMBER,

24th October, 1911.

C. CLEMENTI,

Clerk of Councils.

APPOINTMENTS, &c.

　　　　No. 322.-His Excellency the Governor has been pleased, under instructions from the Secretary of State for the Colonies, to appoint Mr. DAVID WILLIAM TRATMAN to be First Assistant Registrar General and Mr. ALAN EUSTACE WOOD to be Second Assistant Registrar General, both with effect from the 4th July, 1911.

24th October, 1911.

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 27, 1911. 433

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　No. 323.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 181 of 1897.

22nd. October, 1897.

Messrs. N. P. Nathan's Sous.

21st October, 1925.

24, 25, 31, 32, 34 and

35.

23rd October, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

No. 46.

SOIT

QUI M

Vol. LVII.

DIEU

"MON DROIT

The Hongkong Government Gazette

Extraordinary.

Published by Authority.

MONDAY, OCTOBER 30, 1911.

NOTICES.

No. 324. His Excellency the Governor has to announce with deepest regret the sudden death on Saturday, the 28th instant, from heart disease, of the Honourable Mr. WARREN DELABERE BARNES, Colonial Secretary.

30th October, 1911.

APPOINTMENTS, &c.

No. 325.-His Excellency the Governor has been pleased to appoint the Honourable Mr. ARTHUR WINBOLT BREWIN, C.M.G., to act as Colonial Secretary, Mr. EDWIN RICHARD HALLIFAX to act as Registrar General and to be an Official Member of the Legislative Council provisionally and subject to His Majesty's pleasure, Mr. PHILIP PEVERIL JOHN WODE- HOUSE to act as Deputy Superintendent of Police, and Mr. THOMAS HENRY KING to act as Assistant Superintendent of Police, with effect from this date.

30th October, 1911.

No. 326.-His Excellency the Governor has been pleased to appoint Mr. PHILIP PEVERIL JOHN WODEHOUSE to act as Assistant Superintendent, Victoria Gaol, in addition to his other duties, during the absence on leave of Mr. ROBERT HENRY ARTHUR CRAIG OF until further notice, with effect from the 25th instant.

30th October, 1911.

Printed and Published by NORONHA & Co., Printers to the Hongkong Government, No. 6, Des Voeux Road.

438 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 327.

CIRCULAR.

DOWNING STREET,

6th October, 1911.

　　　　SIR,-I have the honour to transmit copies of His Majesty's Proclamation of Neutrality on the occasion of the war between Italy and Turkey, together with a copy of a letter from the Secretary of State for Foreign Affairs embodying Rules which His Majesty has directed to be observed during the continuance of the present state of war, and I have to request that you will cause both documents to be immediately published throughout the Colony under your government, and that you will not fail to conform to His Majesty's commands.

The Officer Administering the Government of

I have, etc.,

L. HARCOURT.

HONGKONG.

GEORGE, R.I.

BY THE KING.

A PROCLAMATION.

Whereas we are happily at Peace with all Sovereigns, Powers and States :

　　　　And whereas a State of War unhappily exists between His Majesty The King of Italy, and His Imperial Majesty The Sultan of Turkey, and between their respective Subjects, and others inhabiting within their Countries, Territories or Dominions :

　　　　And whereas We are on Terms of Friendship and amicable intercourse with each of these Powers, and with their several Subjects, and others inhabiting within their Countries, Territories, or Dominions:

　　　　And whereas great Numbers of Our Loyal Subjects reside and carry on Commence, and possess Property and Establishments, and enjoy various Rights and Privileges, within the Dominions of each of the aforesaid Powers, protected by the Faith of Treaties between Us and each of the aforesaid Powers:

　　　　And whereas We, being desirous of preserving to Our Subjects the Blessings of Peace, which they now happily enjoy, are firmly purposed and determined to maintain a strict and impartial Neutrality in the said State of War unhappily existing between the aforesaid Powers:

　　　　We, therefore, have thought fit, by and with the advice of Our Privy Council, to issue this Our Royal Proclamation:

　　　　And We do hereby strictly charge and command all Our loving Subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid War, and to abstain from violating or contravening either the Laws and Statutes of the Realm in this behalf, or the Law of Nations in relation thereto, as they will answer to the contrary at their peril :

　　　　And whereas in and by a certain Statute made and passed in a Session of Parliament holden in the 33rd and 34th year of the reign of Her late Majesty Queen Victoria, intituled "An Act to Regulate the conduct of Her Majesty's Subjects during the existence of Hostili- ties between Foreign States with which Her Majesty is at Peace," it is, among other things, declared and enacted as follows:-

"This Act shall extend to all the Dominions of Her Majesty, including the adjacent territorial Waters.

Illegal Enlistment.

　　　　"If any Person, without the License of Her Majesty, being a British Subject, within or without Her Majesty's Dominions, accepts or agrees to accept any Commission or Engage- ment in the Military or Naval Service of any Foreign State at War with any Foreign State at Peace with Her Majesty, and in this Act referred to as a friendly State, or whether a British Subject or not, within Her Majesty's Dominions, induces any other Person to accept or agree to accept any Commission or Engagement in the Military or Naval Service of any such Foreign State as aforesaid,-

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 439

He shall be guilty of an Offence against this Act, and shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted; and Imprisonment, if awarded, may be either with or without Hard Labour.

"If any Person without the License of Her Majesty, being a British Subject, quits or goes on board any Ship with a view of quitting Her Majesty's Dominions, with intent to accept any Commission or Engagement in the Military or Naval Service of any Foreign State at War with a friendly State, or, whether a British Subject or not, within Her Majesty's Dominions, induces any other Person to quit or to go on board any Ship with a view of quitting Her Majesty's Dominions with the like intent,-

"He shall be guilty of an Offence against this Act, and shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted; and Imprisonment, if awarded, may be either with or without Hard Labour.

"If any Person induces any other Person to quit Her Majesty's Dominions or to embark on any Ship within Her Majesty's Dominions under a Misrepresentation or false Represent- ation of the Service in which such Person is to be engaged, with the intent or in order that such Person may accept or agree to accept any Commission or Engagement in the Military or Naval Service of any Foreign State at War with a friendly State,-

"He shall be guilty of an Offence against this Act, and shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted and Imprisonment, if awarded, may be with or without Hard Labour.

　　　"If the Master or Owner of any Ship, without the License of Her Majesty, knowingly either takes on board, or engages to take on board, or has on board such Ship within Her Majesty's Dominions any of the following Persons, in this Act referred to as illegally en- listed Persons, that is to say,-

"(1) Any Person who, being a British Subject within or without the Dominions of Her Majesty, has, without the License of Her Majesty, accepted or agreed to accept any Commission or Engagement in the Military or Naval Service of any Foreign State at War with any friendly State :

(2) Any Person, being a British Subject, who, without the License of Her Majesty, is about to quit Her Majesty's Dominions with intent to accept any Commission or Engagement in the Military or Naval Service of any Foreign State at War with a friendly State:

"(3) Any Person who has been induced to embark under a Misrepresentation or false Representation of the service in which such Person is to be engaged, with the intent or in order that such Person may accept or agree to accept any Commission or Engage- ment in the Military or Naval Service of any Foreign State at War with a friendly

State:

"Such Master or Owner shall be guilty of an Offence against this Act, and the following Consequences shall ensue; that is to say,-

"(1) The Offender shall be punishable by Fine and Imprisonment, or either of such punishments at the discretion of the Court before which the Offender is convicted; and Imprisonment, if awarded, may be either with or without Hard Labour: and (2) Such Ship shall be detained until the Trial and Conviction or Acquittal of the Master or Owner, and until all Penalties inflicted on the Master or Owner have been paid, or the Master or Owner has given Security for the Payment of such Penalties to the Satisfaction of Two Justices of the Peace, or other Magistrate or Magistrates having the Authority of Two Justices of the Peace and

"(3) All illegally enlisted Persons shall immediately on the Discovery of the Offence

be taken on Shore, and shall not be allowed to return to the Ship.

"Illegal Shipbuilding and Illegal Expeditions.

"If any Person within Her Majesty's Dominions, without the License of Her Majesty, does any of the following Acts; that is to say,-

"(1) Builds or agrees to build, or causes to be built any Ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State: or

440

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

"(2) Issues or delivers any Commission for any Ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State : or "(3) Equips any Ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the Military or Naval Service of any For- eign State at War with any friendly State or

"(4) Despatches, or causes or allows to be despatched, any Ship with intent or know- ledge, or having reasonable cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State:

　　　　"Such Person shall be deemed to have committed an Offence against this Act, and the following Consequences shall ensue :

"(1) The Offender shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted ; and Imprisonment, if awarded, may be either with or without Hard Labour.

(2) The Ship in respect of which any such Offence is committed, and her Equipment,

shall be forfeited to Her Majesty :

"Provided that a Person building, causing to be built, or equipping a Ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such War as aforesaid, shall not be liable to any of the Penalties imposed by this Section in respect of such building or equipping if he satisfies the conditions following; (that it to say),-

(1) If forthwith upon a Proclamation of Neutrality being issued by Her Majesty he gives Notice to the Secretary of State that he is so building, causing to be built, or equipping such Ship, and furnishes such Particulars of the Contract and of any matters relating to, or done, or to be done under the Contract as may be required by the Secretary of State:

"(2) If he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for ensuring that such Ship shall not be despatched, delivered, or removed without the License of Her Majesty until the termination of such War as aforesaid.

"Where any ship is built by order of or on behalf of any Foreign State when at War with a friendly State, or is delivered to or to the order of such Foreign State, or any person who to the Knowledge of the P'erson building is an Agent of such Foreign State, or is paid for by such Foreign State or such Agent, and is employed in the Military or Naval Service of such Foreign State, such Ship shall, until the contrary is proved, be deemed to have been built with a view to being so employed, and the Burden shall lie on the Builder of such Ship of proving that he did not know that the Ship was intended to be so employed in the Military or Naval Service of such Foreign State.

　　　"If any Person within the Dominions of Her Majesty, and without the License of Her Majesty,-

"By adding to the number of the Guns, or by changing those on board for other Guns, or by the addition of any Equipment for War, increases or augments, or procures to be in- creased or augmented, or is knowingly concerned in increasing or augmenting the warlike Force of any Ship which at the time of her being within the Dominions of Her Majesty was a Ship in the Military or Naval Service of any Foreign State at War with any friendly State,- "Such Person shall be guilty of an Offence against this Act, and shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted; and Imprisonment, if awarded, may be either with or without Hard Labour.

　　　"If any Person within the limits of Her Majesty's Dominions, and without the License of Her Majesty,--

　　　"Prepares or fits out any Naval or Military Expedition to proceed against the Dominions of any friendly State, the following Consequences shall ensue :

"(1) Every Person engaged in such preparation or fitting out, or assisting therein, or employed in any capacity in such Expedition, shall be guilty of an Offence against this Act, and shall be punishable by Fine and Imprisonment, or either of such punishments, at the discretion of the Court before which the Offender is convicted: and Imprisonment, if awarded, may be either with or without Hard Labour.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 441

(2) All Ships, and their Equipments, and all Arms and Munitions of War, used in or forming part of such Expedition, shall be forfeited to Her Majesty.

　　　Any person who aids, abets, counsels, or procures the Commission of any Offence against this Act shall be liable to be tried and punished as a principal Offender."

And whereas by the said Act it is further provided that Ships built, commissioned, equipped or despatched in contravention of the said Act, may be condemned and forfeited by Judgment of the Court of Admiralty; and that if the Secretary of State or Chief Executive Authority is satisfied that there is a reasonable and probable cause for believing that a Ship within Our Dominions has been or is being built, commissioned, or equipped, contrary to the said Act, and is about to be taken beyond the limits of such Dominions, or that a Ship is about to be despatched contrary to the Act, such Secretary of State or Chief Executive Authority shall have power to issue a warrant authorizing the seizure and search of such Ship and her detention until she has been either condemned or released by Pr cess of Law. And whereas certain powers of seizure and detention are conferred by the said Act on certain Local Authorities;

Now, in order that none of Our Subjects may unwarily render themselves liable to the Penalties imposed by the said Statute, We do hereby strictly command that no Person or l'ersons whatsoever do commit any Act, Matter, or Thing whatsoever contrary to the Pro- visions of the said Statute, upon pain of the several Penalties by the said Statute imposed and of Our high Displeasure.

And We do hereby further warn and admonish all Our loving Subjects, and all Persons whatsoever entitled to Our Protection, to observe towards each of the aforesaid Powers, their Subjects, and Territories, and towards all Belligerents whatsoever with whom We are at Peace, the Duties of Neutrality; and to respect, in all and each of them, the Exercise of Belligerent Rights.

And We hereby further warn all Our loving Subjects, and all Persons whatsoever entitled to Our Protection, that if any of them shall presume, in contempt of this Our Royal Pro- clamation, to do any acts in derogation of their Duty as Subjects of a Neutral Power in a War between other Powers, or in violation or contravention of the Law of Nations in that behalf, all Persons so offending will rightfully incur and be justly liable to the Penalties denounced by such Law.

And We do hereby give Notice that all Our Subjects and Persons entitled to Our Pro- tection who may misconduct themselves in the Premises will do so at their peril, and of their own wrong; and that they will in no wise obtain any Protection from Us against such Penalties as aforesaid.

Given at Our Court at Balmoral, this third day of October, in the year of Our Lord

One thousand nine hundred and eleven, and in the Second year of Our reign.

GOD save the KING.

　　The Right Honourable Sir Edward Grey to the Lords Commissioners of the Admi- ralty*:-

FOREIGN OFFICE, October 3, 1911.

My Lords,

　　His Majesty being fully determined to observe the duties of neutrality during the existing state of war between Italy and Turkey; being, morcover, resolved to prevent, as far as possible, the use of His Majesty's harbours, ports, and coasts, and the waters within His Majesty's territorial jurisdiction, in aid of the warlike purposes of either belligerent, has commanded me to communicate to your Lordships, for your guidance, the following Rules, which are to be treated and enforced as His Majesty's orders and directions :--

Rule 1. During the continuance of the present state of war, all ships of war of either belligerent are prohibited from making use of any port or roadstead in the United Kingdom, the Isle of Man, or the Channel Islands, or in any of His Majesty's Colonies or foreign possessions or dependencies, or of any waters subject to the territorial jurisdiction of the British Crown, as a station or place of resort for any warlike purpose, or for the purpose of obtaining any facilities for warlike equipment; and no ship of war of either belligerent shall

* Similar letters to the Treasury, Home Office, Colonial Office, War Office, In:lia Office, Scottish Office,

and Board of Trade.

442

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

　　hereafter be permitted to leave any such port, roadstead, or waters from which any vessel of the other belligerent (whether the same shall be a ship of war or a merchant ship) shall have previously departed until after the expiration of at least twenty-four hours from the departure of such last-mentioned vessel beyond the territorial jurisdiction of His Majesty.

　　　　Rule 2. If there is now in any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown any ship of war of either belligerent, such ship of war shall leave such port, roadstead, or waters within such time not less than twenty-four hours as shall be reasonable, having regard to all the circumstances and the condition of such ship as to repairs, provisions, or things necessary for the subsistence of her crew; and if after the date hereof any ship of war of either belligerent shall enter any such port, roadstead, or waters subject to the territorial jurisdiction of the British Crown, such ship shall depart and put to sea within twenty-four hours after her entrance into any such port, roadstead, or waters, except in case of stress of weather, or of her requiring provisions or things necessary

for the subsistence of her crew, or repairs; in either of which cases the authorities of the port, or of the nearest port (as the case may be), shall require her to put to sea as soon as possible after the expiration of such period of twenty-four hours, without permitting her to take in supplies beyond what may be necessary for her imme- diate use; and no such vessel which may have been allowed to remain within British waters for the purpose of repair shall continue in any such port, roadstead, or waters, for a longer period than twenty-four hours after her necessary repairs shall have been com- pleted. Provided, nevertheless, that in all cases in which there shall be any vessels (whether ships of war or merchant ships) of both the said belligerent parties in the same port, road- stead, or waters within the territorial jurisdiction of His Majesty, there shall be an interval of not less than twenty-four hours between the departure therefrom of any such vessel (whether a ship of war or merchant ship) of the one belligerent, and the subsequent departure therefrom of any ship of war of the other belligerent; and the time hereby limited for the departure of such ships of war respectively shall always, in case of necessity, be extended so far as may be requisite for giving effect to this proviso, but no further or otherwise.

　　　　Rule 3. No ship of war of either belligerent shall hereafter be permitted, while in any such port. roadstead, or waters subject to the territorial jurisdiction of His Majesty, to take in any supplies, except provisions and such other things as may bé requisite for the subsist- ence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer named neutral destination, and no coal shall again be supplied to any such ship of war in the same or any other port, roadstead, or waters subject to the territorial jurisdiction of His Majesty, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within British waters as aforesaid.

　　　　Rule 4. Armed ships of either belligerent are interdicted from carrying prizes made by them into the ports, harbours, roadsteads, or waters of the United Kingdom, the Isle of Man, the Channel Islands, or any of His Majesty's Colonies or possessions abroad.

　　　　The Governor or other chief authority of each of His Majesty's territories or possessions beyond the seas shall forthwith notify and publish the above Rules.

I have, &c.,

PROCLAMATIONS.

E. GREY.

No. 8.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

442

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

　　　　The Governor or other chief authority of each of His Majesty's territories or possessions beyond the seas shall forthwith notify and publish the above Rules.

I have, &c.,

PROCLAMATIONS.

E. GREY.

No. 8.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 443

prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation ;

　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901;

　　And whereas His Excellency the Governor-in-Council has ordered that Singapore should be proclaimed as a port or place at which an infectious or contagious disease prevails;

　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Singapore as a port or place at which an infectious or contagious disease prevails.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this Ist day of November, 1911.

By Command,

A. W. BREWIN,

Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 328.

　　Order made by the Governor-in-Council under Section 56 of the Opium Ordinance, 1909, (Ordinance No. 23 of 1909), this 30th day of October, 1911.

　　The following medicines manufactured locally, in addition to those published in the Government Gazette of the 4th March, 1910, (Government Notification No. 66 of 1910) and in pages 595 and 596 of the Regulations of Hongkong, 1910, and in the Government Gazette of the 2nd September, 1910, (Government Notification No. 269 of 1910), are hereby exempted from payment of royalty to the Opium Farmer as required by Section 51 (4) of the Opium Ordinance, 1909, provided that they are compounded in accordance with prescrip- tions to be approved by the Principal Civil Medical Officer :-

Cough Linctus, as prepared at the King Edward Dispensary. Cough Mixture,

Cholera Mixture,

30th October, 1911.

No. 329.

Do.

　　Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 1st day of November, 1911.

　　No dog brought from Bangkok will be permitted to land in this Colony for a period of six months from this date.

C. CLEMENTI,

COUNCIL CHAMBER,

1st November, 1911.

Clerk of Councils,

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 443

prevailed" means a port or place proclaimed to be such by Order of the Governor-in-Council, published in the Gazette, from the date of such Proclamation ;

　　And whereas the said Quarantine Regulations were duly notified to take effect as from the 20th day of June, 1901;

　　And whereas His Excellency the Governor-in-Council has ordered that Singapore should be proclaimed as a port or place at which an infectious or contagious disease prevails;

　　Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, do hereby, with the advice of the Executive Council, proclaim Singapore as a port or place at which an infectious or contagious disease prevails.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this Ist day of November, 1911.

By Command,

A. W. BREWIN,

Colonial Secretary.

GOD SAVE THE KING.

EXECUTIVE COUNCIL.

No. 328.

　　Order made by the Governor-in-Council under Section 56 of the Opium Ordinance, 1909, (Ordinance No. 23 of 1909), this 30th day of October, 1911.

Cough Linctus, as prepared at the King Edward Dispensary. Cough Mixture,

Cholera Mixture,

30th October, 1911.

No. 329.

Do.

　　Regulation made by the Governor-in-Council under Section 5 of the Dogs Ordinance, 1893, (Ordinance No. 5 of 1893), this 1st day of November, 1911.

　　No dog brought from Bangkok will be permitted to land in this Colony for a period of six months from this date.

C. CLEMENTI,

COUNCIL CHAMBER,

1st November, 1911.

Clerk of Councils,

444

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

No. 330.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 19.

THURSDAY, 19TH OCTOBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

　　　　　　　(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). The Honourable the Colonial Secretary, (WARREN DELABERE BARNES).

the Attorney General, (CHALONer Grenville Alabaster). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. CHARLES HENDERSON Ross.

Mr. CHARLES MONTAGUE EDE.

AESENT :

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

The Council met pursuant to summons.

　　　　The Minutes of the last Meeting, held on the 31st August, 1911, were read and confirmed.

　　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. . 57 to 80, and moved that they be referred to the Finance Committee :-

No. 57.-Post Office, Other Charges,...

No. 58.-Harbour Office and Lighthouses,

No. 59.-Police Department, Other Charges, No. 60.-Miscellaneous Services, Illumination of Public Build- ings in connection with the Coronation Cele- brations,

No. 61.-Public Works, Extraordinary, Reclamation between

K.M.L. 83 and H.M.L. 1, Hung Hom,

$3,325.00. 2,500.00. 350.00.

44.00.

5,620.00.

....

14,000.00. 5,500.00.

No. 62.-Public Works, Extraordinary, Improvement of

Ap Liu Village,

No. 63.-Public Works, Recurrent, Maintenance of Buildings, No. 64.-Public Works, Extraordinary, Kowloon Waterworks, 5,023.39. No. 65.-Public Works, Extraordinary, City Disinfecting Station, Workshops and Sheds for Dust Carts, Ambulances, etc.,

210.00.

No. 66.-Sanitary Department, Repairs to Lighters, No. 67.-Colonial Secretary's Department and Legislature,

Incidental Expenses,

600.00.

250.00.

No. 68. Bacteriological Institute and Mortuaries, Fuel and

Light,

100.00.

No. 69.-Public Works, Recurrent, Typhoon and Rainstorm

Damages,

•

47,500.00.

}

番

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

No. 70.-Registrar General's Department, Expenses for

taking Quinquennial Census,

....

.$1,150.00.

No. 71.-Public Works, Recurrent, Electric Lighting, City,... 2,500.00. No. 72.---Lunatic Asylums, Provisions for Patients, No. 73.-Prison Department, Subsistence of Prisoners, No. 74.-Miscellaneous Services, Printing and Binding, No. 75.-Public Works, Extraordinary, Miscellaneous Works, No. 76.--Education, Grant to Chinese Vernacular Primary

Education Board,

No. 77.-Attorney General's Office, Incidental Expenses and

Newspapers,

No. 78.--Botanical and Forestry Department, Maintenance

of Gardens and Grounds..

No. 79.-Public Works, Recurrent, Gas Lighting, City and

Hill District,

No. 80. Harbour Master's Department, Steam-launches,

Repairs,..

The Attorney General seconded.

Question-put and agreed to

800.00. 1,500.00. 5,000.00. 100.00.

200.00.

30.00.

430.00.

5,000.00.

2,235.00.

445

REPORT OF THE FINANCE COMMITTEE.- The Colonial Secretary laid on the table the

Report of the Finance Committee (No. 16) dated the 31st August, 1911, and moved its adoption.

The Attorney General seconded.

Question-put and agreed to.

　　STANDING COMMITTEES.-His Excellency the Governor, in accordance with Standing Order No. 47, appointed the following Standing Committees for the ensuing year :--

Finance Committee.-All the Members of the Council, except the Governor, with

the Colonial Secretary as Chairman.

Public Works Committee.-The Honourable the Director of Public Works (Chair- man), and the Honourables the Colonial Treasurer, Mr. WEI Yuk, Mr. Ross, and Mr. EDE.

Law Committee.-The Honourable the Attorney General (Chairman), and the Honourables the Registrar General, Dr. Ho KAI, Mr. POLLOCK and Mr. HEWETT.

REPORT OF THE PUBLIC WORKS COMMITTEE.-The Director of Public Works laid on the table the Report of the Public Works Committee (No. 3) dated the 28th September, 1911.

　　REPORT ON THE REGISTERED PARTNERSHIPS BULL.The Attorney General laid on the table the Report of the Special Committee on the Registered Partnerships Bill.

PAPERS. The Colonial Secretary laid on the table the following papers :--

Abstract shewing Differences between the Estimates of Expenditure for 1911 and

1912.

Financial Statements in connection with the Estimates, for 1912. Draft Estimates for 1912.

QUESTIONS.-Mr. POLLOCK, pursuant to notice, asked the following questions:

1. Has the Government received any, and, if so, what reply from the Right Hon- ourable the Secretary of State for the Colonies to the unanimous request of the Unofficial Members, made in this Council on the 1st of June last, that the Military Contribution be fixed at the annual sum of one million dollars?

2. Will the Government lay upon the table the correspondence which has passed between the Government and the Secretary of State and vice versa in connec- tion with the aforesaid request?

3. Can the Government give the Council any further information with reference to

the establishment of a wireless telegraph station in this Colony?

4. When will the detailed returns of the Census, which was taken in May, be pub-

lished?

The Colonial Secretary replied.

446

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

APPROPRIATION BILL.-The Colonial Secretary moved the First reading of a Bill entitled An Ordinance to apply a sum not exceeding Five million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars to the Public Service of the year 1912.

The Attorney General seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a first time.

　　　　FOREIGN OFFENDERS (No. 2) AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Foreign Offenders Detention Amendment Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　RAILWAYS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Railways Ordinance, 1909.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　MERCHANT SHIPPING AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Merchant Shipping Amendment Ordinance, 1899, and certain Ordinances amending the same.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　DEFENCE CONTRIBUTION ÖRDINANCE, 1901, AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Defence Contribution Ordinance, 1901.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　LIQUORS AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Liquors Consolidation Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　SOCIETIES BILL.-The Registrar General moved the First reading of a Bill entitled An Ordinance to provide for a more effectual control over Societies and Clubs.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

LAW REVISION BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance for further promoting the Revision of the Law by repealing cer tain parts of enactments which have ceased to be in force or have become unnecessary.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

}

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 447

　　　LAW AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance for further promoting the Revision of the Law by amending certain errors contained in, as well as the language used in, the Ordinances now in force.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a first time.

　　　GENERAL REVISION BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance for promoting the General Revision of the Law by repealing certain enactments which have ceased to be in force or have become unnecessary, by amending cer- tion other enactments which stand in urgent need thereof, and by incorporating certain amending Ordinances in their respective principal Ordinances.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

UNION CHURCH INCORPORATION BILL.-- Mr. POLLOCK addressed the Council and moved the First reading of a Bill entitled An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony.

Mr. EDE seconded.

Question-put and agreed to.

Bill read a first time.

　　　ARMS AND AMMUNITION AMENDMENT BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900.

The Colonial Secretary seconded, and the motion was agreed to. Council in Committee on the Bill.

　　　On the motion of the Attorney General it was agreed that the following sections, to be numbered 3 and 4, be added to the Bill :

3. Section 5 of the Arms and Ammunition Ordinance, 1900, is hereby Amends

amended as follows:---

section 5 of Ordinance

(a.) by the insertion after the word "ammunition" in sub-section (1) No. 2 of 1900.

(a) thereof of the words "together with a removal permit in form No. 3 in the First Schedule ".

(b.) by the deletion of the words "to this Ordinance" in sub-section

(1) (b) thereof.

(c.) by the deletion of all the words after the words "Captain Superin-

tendent of Police" in sub-section (3) thereof.

(d) by the addition of the following sub-section --

"(4.) No fee shall be payable in respect of filing any such application or granting any export or removal permit."

section 7 of

4. Section 7 of the Arms and Ammunition Ordinance, 1900, is hereby Amends

amended by the deletion of the words "or person licensed to possess Ordinance the same ".

Council resumed, the Bill being left in Committee.

No. 2 of 1900.

REGISTERED PARTNERSHIPS BILL.-The Committee stage on the Bill entitled An Ordinance to establish Registered Partnerships and to give effect to certain Chinese Part- nership Customs, was not proceeded with.

ADJOURNMENT.-The Council then adjourned until Thursday, the 2nd November, 1911.

Read and confirmed this 2nd day of November, 1911.

C. CLEMENTI,

F. D. LUGARD,

Governor.

Clerk of Councils.

448

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

No. 331.

Bye-law made under Section 16 of the Public Health and Build-

ings Ordinances, 1903-1909.

Bye-law No. 26 of the Market Bye-laws made by the Sanitary Board under the Public Health and Buildings Ordinances, 1903-1909, on the 12th day of September, 1911, is hereby repealed and the following substituted therefor :-

26. Begging for alms and loitering in any market are prohibited."

Made by the Sanitary Board this 10th day of October, 1911.

W. BOWEN-ROWLANDS,

Secretary.

Approved by the Legislative Council this 3rd day of November, 1911.

C. CLEMENTI,

Clerk of Councils

No. 332.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :-

Ordinance No. 28 of 1911, entitled-An Ordinance to further amend the Crown

Lands Resumption Ordinance, 1900. Ordinance No. 29 of 1911, entitled-- An Ordinance to further amend the Prison

Ordinance, 1899.

Ordinance No. 34 of 1911, entitled--An Ordinance to further amend the Stamp Ordinance, 1901, and the law relating to Stamps and Stamp Duty.

Ordinance No. 35 of 1911, entitled-Au Ordinance to consolidate and amend the Law relating to the Management of Stamp Duties.

COUNCIL CHAMBER,

1st November, 1911.

C. CLEMENTI.

Clerk of Councils.

APPOINTMENTS, &c.

No. 333.-Ilis Excellency the Governor has been pleased to appoint the Honourable Mr. ARTHUR WINBOLT BREWIN, C.M.G., to act as Chairman of the Licensing Board until further notice.

2nd November, 1911.

No. 334.-Mr. EDWARD ALEXANDER IRVING returned to the Colony on the 1st November and resumed duty as Director of Education.

3rd November, 1911.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911. 449

NOTICES.

No. 335.-Financial Statement for the month of August, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 31st July, 1911,

Revenue from 1st to 31st August, 1911,

Expenditure from 1st to 31st August, 1911,

Balance,......

TREASURY.

.$1,739,748.02

566,395.1

2,306,143.23

642,090.41

.$1,664,052,82

Assets and Liabilities on the 31st August, 1911.

LIABILITIES.

ASSETS.

　Deposits not Available, Officers' Remittances,

Crown Agents' Advances,

　House Service Account, Postal Agencies, China,

218,448.72 100.85

Balance, Bank,

20,903.01

.....

Subsidiary Coins,

85,258.24

4,847,486.31

Advances,

62,669.89

945.29

Imprest,

7,723.62

44,688.16

Railway Construction,

6,295,546.37

Suspense Account,.

224.91

Crown Agents' Current Account,......

19,217.16

Unallocated Stores,

284,178.95

Total Liabilities,..

Balance,

5,111,669.33

TOTAL,..

1,664,052,82

.$ 6,775,722.15

TOTAL,....

6,775,722.15

26th October, 1911.

A. M. THOMSON,

Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　No. 336.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 30th day of November, 1911, unless the prescribed fee for renewal of registration is paid before that date:

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 182 (1-2) of 1897.

30th October, 1911.

The International Cotton Manufacturing Com-

pany, Limited.

29th October, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

450

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 3, 1911.

SUPREME COURT.

　　　　No. 337. It is hereby notified that His Honour HENRY HESSEY JOHNSTon Gompertz, Acting Chief Justice, has, by Commission signed by him, appointed PHILIP PEVERIL JOHN WODEHOUSE, Esquire, to be a Commissioner to administer oaths and take declarations, affirmations, and attestations of honour in the Court, so long as he shall act in the Office of Assistant Superintendent of Victoria Gaol.

3rd November, 1911.

HUGH A. NISBET,

Registrar.

452

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

No. 338.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 20.

THURSDAY, 2ND NOVEMBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 19th October, 1911, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 81 to 87, and moved that they be referred to the Finance Committee :

m...

No. 81. Charitable Services, Other Charitable Allowances, ......$ 1,000. No. 82.-Public Works, Extraordinary, Police Station, Tsun

Wan,

ing,

2,400.

No. 83.-Public Works, Recurrent, Communications and Light-

2,550.

No. 84. Miscellaneous Services, Allowance to Government em-

ployés in consideration of high price of rice, No. 85.-Miscellaneous Services, Cost of Revision of Laws of

the Colony,......

2,700.

9,334.

No. 86. Registrar General's Department, Photography of Re-

jected Emigrants,

50.

No. 87.-Colonial Secretary's Department, Other Charges, and

Miscellaneous Services, Telegraph Services,......... 2,422.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee (No. 17) dated the 19th October, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

453

MARKET BYE-LAW.-The Colonial Secretary moved the approval of Market Bye-law No. 26 made by the Sanitary Board under Section 16 of the Public Health and Buildings Ordin- ances, 1903-1909, on the 10th October, 1911.

The Attorney General seconded.

Question-put and agreed to.

NEW MEMBER. Mr. HALLIFAX took the Oath and assumed his seat as a Member of the Council.

RESOLUTION.-His Excellency the Governor addressed the Council and moved the fol- lowing Resolution :-

The President and Members of the Legislative Council of Hongkong desire to place on record an expression of their deep sorrow at the sudden death of the late Colonial Secretary, Mr. Warren Delabere Barnes, a colleague and a friend for whom they had the highest regard, and to offer their sincere sympathy to his relatives in their bereavement.

Dr. Ho KAI addressed the Council and seconded, and the Resolution was carried unani- mously.

　　　ADJOURNMENT.-Dr. Ho Kat moved, as a mark of respect to the late Colonial Secre- tary, that the Council adjourn for a week.

Mr. Ross supported the motion.

The Council then adjourned until Thursday, the 9th November, 1911.

Read and confirmed this 9th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD, Governor.

No. 339.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 41 of 1911.-An Ordinance to amend the Arms and Ammunition

Ordinance, 1900.

Ordinance No. 42 of 1911.-An Ordinance to apply a sum not exceeding Five

million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars to the Public Service of the year 1912.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

453

The Attorney General seconded.

Question-put and agreed to.

NEW MEMBER. Mr. HALLIFAX took the Oath and assumed his seat as a Member of the Council.

RESOLUTION.-His Excellency the Governor addressed the Council and moved the fol- lowing Resolution :-

Dr. Ho KAI addressed the Council and seconded, and the Resolution was carried unani- mously.

　　　ADJOURNMENT.-Dr. Ho Kat moved, as a mark of respect to the late Colonial Secre- tary, that the Council adjourn for a week.

Mr. Ross supported the motion.

The Council then adjourned until Thursday, the 9th November, 1911.

Read and confirmed this 9th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD, Governor.

No. 339.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 41 of 1911.-An Ordinance to amend the Arms and Ammunition

Ordinance, 1900.

Ordinance No. 42 of 1911.-An Ordinance to apply a sum not exceeding Five

million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars to the Public Service of the year 1912.

454

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

Short title.

Amends

section 2 of Ordinance

HONGKONG.

No. 41 of 1911.

An Ordinance to amend the Arms and Ammuni-

tion Ordinance, 1900.

F. D. LUGARD,

Governor.

[10th November, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Arms and Ammunition Amendment Ordinance, 1911.

2. The definition of "Exempted person in section 2 of the Arms and Ammunition Ordinance, 1900, is hereby No. 2 of 1900. repealed and there shall be substituted therefor the follow-

ing:

Amends

section 5 of Ordinance No. 2 of 1900,

Amends section 7 of Ordinance No. 2 of 1900.

༥-

"Exempted person means and includes :-

(1.) any person in the Naval, Military, Volunteer and Police forces, District Watchmen and nem- bers of the Volunteer Reserve in respect of arms and ammunition used by them solely in connection with their duties;

(2.) commissioned officers in the Army and Navy and officers appointed by letter from the Gov- ernor in the Volunteer or Police forces, the Consular representatives of any Foreign Gov- crument and commissioned officers of Foreign Armies and Navies; any public officer ap- pointed by the Crown or by letter from the Governor, any Justice of the Peace, special juror, member of the Legislative Council, bar- rister, solicitor, medical practitioner, clergyman of the Church of England, Roman Catholie priest, or any minister of any congregation of Protestant dissenters or of Jews;

(3.) any person in the Naval, Military, Volunteer and Police forces recommended for exemption by the officer commanding his corps or unit in writing to the Captain Superintendent of Police; and

(4.) any person recommended for exemption by the Colonial Secretary to the Captain Superintend- ent of Police."

3. Section 5 of the Arms and Ammunition Ordinance, 1900, is hereby amended as follows :-

(a.) by the insertion after the word "ammunition `

in sub-section (1) (a) thereof of the words

together with a removal permit in form No. 3 in the First Schedule ".

(b.) by the deletion of the words "to this Ordinance

in sub-section (1) (b) thereof.

(c.) by the deletion of all the words after the words "Captain Superintendent of Police" in sub- section (3) thereof.

(d.) by the addition of the following sub-section :- "(4.) No fee shall be payable in respect of filing any such application or granting any export or removal permit."

4. Section 7 of the Arms and Ammunition Ordinance, 1900, is hereby amended by the deletion of the words "or person licensed to possess the same ".

Passed the Legislative Council of Hongkong, this 9th day of November, 1911.

Assented to by His Excellency

day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

the Governor, the 10th

A. W. BREWIN,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

455

HONGKONG.

No. 42 OF 1911.

An Ordinance to apply a sum not exceeding Five million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars to the Public Service of the year 1912.

F. D. LUGARD, Governor.

[10th November, 1911.]

WHEREAS the expenditure required for the service of this Colony for the year 1912 has been estimated at the sum of Five million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars:

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the " Appropriation Short title. Ordinance for 1912".

2. A sum not exceeding Five million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars shall be and the same is hereby charged upon the revenue and other funds of the Colony for the service of the year 1912 in addition to the sums to which such Revenues and and other funds are liable under the provisions of the Pen- sions Ordinance 1862, the General Loan and Inscribed Stock Ordinance 1893, the Public Loan Ordinance 1893, the Defence Contribution Ordinance 1901, the Railways Loan Ordinance 1905, the General Loan and Inscribed Stock (Amendment) Ordinance 1905, the Widows' and Orphans' Pension Ordinance 1908 and the Ordinances amending the same, and the said sum so charged may be expended as hereinafter specified, that is to say:--

EXPENDITURE.

Governor, -

86,658

Colonial Secretary's Department and Legislature,

82,436

Do.,

Special Expenditure,

200

Registrar General's Department, -

46,256

Audit Department,

30,817

Treasury,

63,770

Harbour Master's Department,

217,904

Do.,

Special Expenditure,

175

Observatory,

22,364

Do.,

Special Expenditure,

275

Miscellaneous Services,

202,221

Judicial and Legal Departments,

259,156

Do., Police and Prison Departments,

Special Expenditure,

1,240

747,799

Do., Medical Departments,-

Special Expenditure,

13,915

237,595

Sanitary Department,

341,096

Do.,

Special Expenditure,

1,000

Education,

Botanical and Forestry Department,

Do.,

44,256

264,453

Special Expenditure, -

535

Carried forward, ...$2,664,121

456

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

Military Expenditure,-

Brought forward, ......$2,664,121

Military Contribution,

1,372,089

Volunteers,

40,920

Public Works,-

Public Works Department,

353,958

Do.,

Special Expenditure,

575

Public Works, Recurrent,

429,100

Public Works, Extraordinary,

1,147,980

Post Office,

553,450

Kowloon-Canton Railway,

200,973

Do.,

Special Expenditure,-

65,000

Charge on account of Public Debt,

726,263

Pensions,

273,869

Charitable Services,

24,380

Total,

$7,852,678

Deduet sums provided in accordance with

law :-

Military Expenditure,

-$1,372,089

Charge on account of Public Debt, 306,949

Pensious,

273,869

1,952,907

$5,899,771

Passed the Legislative Council of Hongkong, this 9th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 10th day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

No. 340.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :--

Ordinance No. 38 of 1911, entitled-An Ordinance for the Establishment of a Hospital for the care and treatment of Chi- nese patients in the Kowloon Peninsula.

Ordinance No. 39 of 1911, entitled--An Ordinance to further amend the Opium

Ordinance, 1909.

COUNCIL CHAMber,

8th November, 1911.

C. CLEMENTI,

Clerk of Councils.

456

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

Military Expenditure,-

Brought forward, ......$2,664,121

Military Contribution,

1,372,089

Volunteers,

40,920

Public Works,-

Public Works Department,

353,958

Do.,

Special Expenditure,

575

Public Works, Recurrent,

429,100

Public Works, Extraordinary,

1,147,980

Post Office,

553,450

Kowloon-Canton Railway,

200,973

Do.,

Special Expenditure,-

65,000

Charge on account of Public Debt,

726,263

Pensions,

273,869

Charitable Services,

24,380

Total,

$7,852,678

Deduet sums provided in accordance with

law :-

Military Expenditure,

-$1,372,089

Charge on account of Public Debt, 306,949

Pensious,

273,869

1,952,907

$5,899,771

Passed the Legislative Council of Hongkong, this 9th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 10th day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

No. 340.-His Majesty the King has not been advised to exercise his power of dis- allowance with respect to the following Ordinances :--

Ordinance No. 38 of 1911, entitled-An Ordinance for the Establishment of a Hospital for the care and treatment of Chi- nese patients in the Kowloon Peninsula.

Ordinance No. 39 of 1911, entitled--An Ordinance to further amend the Opium

Ordinance, 1909.

COUNCIL CHAMber,

8th November, 1911.

C. CLEMENTI,

Clerk of Councils.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 10, 1911.

NOTICES.

OBSERVATORY.

457

No. 341.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of October, 1911.

WIND.

BARO-

METER

TEMPERATURE.

HUMIDITY.

CLOUDI SUN-

RAIN.

DATE.

NESS.

SHINE.

Max. Mean.

Min.

Rel.

Abs.

Dir. Vel.

M.S.L.

لا

ins.

p. c.

ins.

p. c.

hrs.

ins.

29.44

85.5

82.0

76.8

70 0.76

0.4

Points. Miles

p. h. 0.215 NW by N| 25.6

.61

79.8 76.0

73.8

.81

100

3.340

W by S 17.9

.84

84.6

80.8

77.6

.82

5.7

0.020

W by S

11.2

.90

84.8

79.0

73.8

.74

6.5

0.290

ENE

8.7

.99

80.6

77.0

73.5

.71

3.7

0.120

E by N

17.2

30.03

81.1

77.2

73.3

.59

10.5

E by N

17.1

.03

80.8

76.9

73.3

.65

10.5

13.0

.06

82.0

77.8

74.8

.70

10.3

12.7

.11

81.0

77.6

74.5

.71

8.9

0.230

18.9

10,

.10

76.6

74.4

71.5

.65

2.1

1.265 | E by N 24.6

11,

.04

79.3

75.3

72.5

.69

8.5

15.4

12,

.03

77.8

73.2

67.4 76

.62

3.3

6.9

13,

.09

68.3

65.6

62.6

.53

100

0.040

NNE

8.0

14,

.09

68.2 65.2

61.6 80

.50

100

0.010

NNE

7.8

15,

.08

77.1

70.7

64.4

.41

9.6

NE by N

7.3

16,

.11

75.8

70.6

65.9

.37

10.6

8.3

17,

.16

76.0

70.9

66.3

.46

10.6

ENE

11.4

18,

.19

75.6

72.2

69.6

.50

9.6

E by N 15.5

19,

.17

76.5

72.4

68.9

.52

: 10.5

14.8

-20,

.15

77.0

72.9

69.9

.53

10.2

15.8

21,

.14

77.1

73.1

70.4

.54

9.1

14.4

22,

.12

77.3

72.7

69.7

.61

9.6

E by S

7.0

23,

.09

78.7 73.3

68.9

.64

10.2

ESE

9.6

24,

.05

77.1

72.4 74.5

.66

7.2

17.7

25,

.01

77.5 74.1

72.1

.73

8.5

0.120

14.3

26,

.01

80.0

76.2

***3.3

.77

5.0

ESE

8.2

27,

.05

76.1

74.1

72.3

.77

0.8

0.035

1.9

28,

.13

80.1

74.3

69.1

.57

10.6

ENE

10.7

29,

.13

77.0

73.4

71.6 76

.62

8.9

18.1

30,

.09

77.0

74.0 71.5

31,

.04

79.3

75.1

72.8

சும

.66

9.7

16.5

.74

3.0

E by S

11.5

Means or Total,

30.03

78.2 74.3 70.8

0.63 74

51 214.1

5.685 E by N 13.2

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR OCTOBER :-

Max'm, Mean,

30.08 29.98

•

Min'm,

29.90

84.3 80.9 78.1 74.5

79.3 75.6

76.3 72.6

62 70.4

ེཌྭལུ

0.80

0.65 0.54

281.1 51 212.3 27 150.9

17.87

17.2

4.56

ENE

14.6

0.01

11.5

•

6th November, 1911.

F. G. FIGG,

Director.

460

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

EXECUTIVE COUNCIL.

No. 342.

　　　　　　　Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

The Regulations in relation to Dangerous Goods in General made by the Governor-in- Council and published in the Government Gazette of the 16th March, 1906, as varied by the Officer Administering the Government-in-Council and published in the Government Gazette of the 21st December, 1906, and as published on pages 28 to 30 of the Regulations of Hongkong, 1910, and as also varied by the Officer Administering the Government-in-Council on the 1st September, 1910, and published in the Government Gazette of the 2nd September, 1910, and as also varied by the Governor-in-Council on the 29th May, 1911, and published in the Government Gazette of the 2nd June, 1911, are hereby further varied as follows:

1. Rule No. 6 is hereby revoked and the following is substituted therefor: ---

(1.) During the time that any dangerous goods as aforesaid are water- borne in the waters of the Colony on board of any ship, they shall be protected either by being stowed under hatches or by being covered with serviceable tarpaulins, and no fires or naked lights shall be made or used, and no smoking shall be allowed, on board any such ship unless the said dangerous goods are stowed under hatches.

(2.) During the time that any dangerous goods as aforesaid are waterborne in the waters of the Colony on board any lighter or boat, they shall be protected either by being stowed un ler hatches or being covered with serviceable tarpaulins, and no fires or naked lights shall be made or used, and no smoking shall be allowed, on board any such lighter or boat under any circumstances."

2. Rule No. 9 is hereby amended by the addition of the following at the end thereof :---

"The Southern Anchorage.

South of a line joining the points of Belchers Bay.".

No. 343.

Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

The Rules and Regulations in relation to Case Oil made by the Governor-in-Council and published in the Government Gazete of the 16th March, 1906, and on pages 30 to 39 of the Regulations of Hongkong, 1910, as amended by the Officer Administering the Govern- ment-in-Council on the 31st May, 1910, and published in the Government Gazette of the 4th June, 1910, and as also amended by the Officer Administering the Government-in-Coun, cil on the 10th August, 1910, and published in the Government Gazette of the 12th August- 1910, are hereby further amended as follows:

1. Rule No. 1 is hereby revoked and the following is substituted therefor :-

"1. In these Rules the words "Case Oil" shall mean petroleum and any pro- duct of petroleum, including naphtha and naphtha products, and also benzene, contained in tins or other cases, but shall not include:--

(i) lubricating oils, or

(.) petroleum or any product of petroleum which, having been tested by the (overument Analyst or other similar officer of this or any other British Colony or possession, has been cer- tified by him not to give off an inflammable vapour at any temperature less than 150° Fahrenheit when tested in the manner laid down in the Schedule hereto."

Interpreta- tion.

460

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

EXECUTIVE COUNCIL.

No. 342.

　　　　　　　Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

1. Rule No. 6 is hereby revoked and the following is substituted therefor: ---

2. Rule No. 9 is hereby amended by the addition of the following at the end thereof :---

"The Southern Anchorage.

South of a line joining the points of Belchers Bay.".

No. 343.

Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

1. Rule No. 1 is hereby revoked and the following is substituted therefor :-

(i) lubricating oils, or

Interpreta- tion.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 461

2. Rule No. 5 is hereby revoked and the following is substituted therefor:-

Master on

certificate as

"5. If the master of any vessel having on board case oil produces to the Tower of

Harbour Master a certificate or certificates under the hand of the Govern- Harbour ment Analyst or other similar officer of this or any other British Colony production or Possession, or from any analyst at the place of origin and attested by to him of the British Consul at the port of shipment, that the petroleum on board to flashing his vessel does not give off an inflammable vapour at a temperature of point. less than 73° Fahrenheit when tested in the manner set forth in the Schedule hereto, and makes a statutory declaration that all the petroleum on board is covered by such certificate or certificates and was part of the petroleum, samples whereof were tested at the port or place named in the certificate, the Harbour Master may give permission for the vessel to at once proceed to one of the prescribed places and discharge petroleum, If, however, such certificate or certificates is or are to the effect that such petroleum does not give off an inflammable vapour at a temperature of less than 150° Fahrenheit, when tested in the manner set forth in the Schedule hereto, and the master of such vessel makes a statutory decla- ration that all the petroleum on board is covered by such certificate or certificates and was part of the petroleum, samples whereof were tested at the port or place named in the certificate, then and in such case the Harbour Master may give permission for the vessel to proceed to her anchorage and she shall no longer be treated as a vessel having on board dangerous goods under these Rules and Regulations."

3. Rule No. 6 is hereby revoked and the following is substituted therefor:-

Harbour

and naphtha.

"6.-(1.) If the declaration made by the master under Rule 4 shows that the Power of case oil on board his vessel consists of benzene, naphtha or naphtha pro- Marn ducts, the Harbour Master shall satisfy himself in order that the oil may to benzene be safely transported by water and land, that it is securely packed in :- (a.) drums or barrels made of soft iron or mild steel having all joints either riveted or soldered or electrically welded, and strengthened or protected at each end by a strong iron or steel hoop welded or riveted on to the body of the drum, with two runners or rolling hoops welded or securely shrunk on to the body of the drum, such drums or barrels not being of a capacity of more than 65 gallons, each drum or barrel being provided with a well-fitting screw bung, the boss of which is electrically welded or riveted and soldered to the body of the drum, or, (b.) in strong hermetically sealed metal drums commonly known as Insurance Drums, each containing not more than 10 gallons, or, (c.) in hermetically sealed, well-soldered tins furnished with high screw-top outlets, each containing not more than 4 gallons, such barrels, drums, or tins being so filled as to leave an air space equal to at least 1/20 of the capacity of each barrel, drum, or tin, and the tins being protected by being enclosed in wooden cases, not more than two tins in one case, each wooden case having sides, top and bottom of not less than 5/8 inch board, and ends of not less than 7/8 inch board, fastened together by nails of a length of not less than 1 inches.

Upon being so satisfied the Harbour Master may give permission for the vessel either to discharge such cargo in one of the prescribed danger- ous goods anchorages or to proceed to one of the prescribed places and there deliver the oil to the person authorised to receive the same. Before giving such permission the Harbour Master may require the master of the vessel to procure a report from the Government Analyst as to the nature of the oil.

(2.) Every lighter, cargo boat, or other vessel, when being used for the pur- pose of conveying beazene, naphtha or naphtha products in the waters of the olony in quantities of more than 50 gallons shall carry a box or tank containing not less than 100 fb. of dry sand in such a position as to be immediately available at all times.

462

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

(3.) The owner, agent or master of a vessel from or into which benzene, naphtha or naphtha products is or are about to be landed, shipped or transshipped shall give notice to the Captain Superintendent of Police of the proposed landing, shipment or transshipment, and the Captain Super- intendent of Police shall thereupon place a police guard on board such vessel during such landing, shipment or transshipment, such guard to be maintained at the expense of the owner, agent or master of such vessel."

Places for discharging

oil.

4. Rule No. 8 is hereby revoked and the following is substituted therefor :----

"8. The Standard Oil Company's wharves at Lai Chi Kok and Lap Sa Wan, or taking on

and the Asiatic Petroleum Company Limited's Wharves at North Point board case and Tai Kok Tsui, shall be the places to which vessels having or being about to take on board case oil may proceed with the permission of the Harbour Master. Otherwise such case oil must be discharged, or taken in, in one of the dangerous goods anchorages."

5. Rule No. 9 is hereby revoked and the following is substituted therefor: -

"9.-(1.) No case containing oil which is in a leaky or damaged condition. shall be shipped or transshipped in the waters of the Colony, and should such leakage be found to have taken place from cases already shipped on board of any vessel it shall be lawful for the Harbour Master to cause such vessel to be removed, at the expense of the owner, agent or maste thereof, to such place as he may deem necessary.

(2.) No case containing oil which is in a leaky or damaged condition shall be landed at any place in this Colony except at one of the places to which vessels having or being about to take on board case oil may proceed with the permission of the Harbour Master, and then only in order that it may be conveyed for the purpose of repair into some premises licensed for the storage of petroleum in bulk, petroleum fuel, or kerosine oil (in godowns). Such case shall be conveyed into such premises with all possible speed and with all possible care, and shall be stored there only in accordance with the conditions of the licence under which the said premises are used."

Leaky and

damaged

cases.

No. 344.

　　　　　　Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873. (Ordinance No. 1 of 1873), this 10th day of November, 1911.

　　　　　　The Rules and Regulations in relation to Bulk Oil made by the Governor-in-Council and published in the Government Gazette of the 16th March, 1906, and on pages 40 to 50 of the Regulations of Hongkong, 1910, as amended by the Governor-in-Council on the 4th May, 1911, and published in the Government Gazette of the 12th May, 1911, are hereby further amended as follows:-

1. Rule No. 1 is hereby revoked and the following is substituted therefor :-

"1. In these Rules--

"Petroleum" means petroleum and any product of petroleum, includ- ing naphtha and naphtha products, and also benzene, but does not include (2) lubricating oils, or (ii) petroleum tar or petroleum fuel, which after being tested by him, has been certified by the Government Analyst or other similar officer of this or any other British Colony or Possession not to give off an inflammable vapour at any temperature less than 150° Fah- renheit when tested in the manner set forth in the Schedule hereto.

"Petroleum in Bulk" means petroleum as above defined in any vessel, tank, compartment, or receptacle having a capacity of 300 gallons and upwards.

"Tank Ship" means any ship conveying or intended to convey petroleum in bulk.

Interpreta- tion.

462

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Places for discharging

oil.

4. Rule No. 8 is hereby revoked and the following is substituted therefor :----

"8. The Standard Oil Company's wharves at Lai Chi Kok and Lap Sa Wan, or taking on

5. Rule No. 9 is hereby revoked and the following is substituted therefor: -

Leaky and

damaged

cases.

No. 344.

　　　　　　Regulations made by the Governor-in-Council under Section 6 of the Dangerous Goods Ordinance, 1873. (Ordinance No. 1 of 1873), this 10th day of November, 1911.

1. Rule No. 1 is hereby revoked and the following is substituted therefor :-

"1. In these Rules--

"Petroleum in Bulk" means petroleum as above defined in any vessel, tank, compartment, or receptacle having a capacity of 300 gallons and upwards.

"Tank Ship" means any ship conveying or intended to convey petroleum in bulk.

Interpreta- tion.

་

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

High Flash Petroleum" means petroleum which does not give off an inflammable vapour at any temperature less than 73° Fairenheit when tested in the manner set forth in the Schedule hereto.

"Low Flash Petroleum " means petroleum which gives off an in- flammable vapour at a temperature of less than 73° Fahrenheit when tested in the manner set forth in the Schedule hereto."

463

lights.

2. Rule No. 2 is hereby revoked and the following is substituted therefor :-

"2. Every tank ship arriving in the waters of the Colony having on board Flags and

petroleum in bulk and every ship being about to take on board such pe- troleum from the licensed premises hereinafter mentioned shall hoist a red flag at her fore-truck and the flags T.H.E. of the International Code (signifying "Petroleum Oil") at her main truck and shall keep such flags flying during the hours of daylight whilst any petroleum is on board and thereafter until the Harbour Master is satisfied that the holds are clean and ventilated, and, during the same period, every such ship shall by night display 2 red lights vertically where best seen and at a height of not less than 20 feet above the deck."

up by

3. Rule No. 3 is hereby revoked and the following is substituted therefor :-

"3. Every tank ship having on board petroleum in bulk if bound for either Position to

the Tai Kok Tsui Depôt or the Lai Chi Kok Depôt shall anchor in the be taken Western Dangerous Goods Anchorage, and if bound for the North Point tank ships. Depôt shall anchor in Kowloon Bay outside the Harbour boundary, and such ship shall not move from such position without the permission of the Harbour Master."

board.

4. Rule No. 4 is hereby revoked and the following is substituted therefor :-

"4.-(1.) During the time that any tank ship having on board petroleum in Fires and bulk is within the waters of the Colony no fires or lights except the elec- lights on tric light shall be used on board or in the immediate vicinity of the ship while the tanks or petroleum compartiments are discharging or receiving petroleum, and no person on board shall smoke or carry matches. But this regulation shall not be deemed to prohibit engine-room fires or galley

fires.

compart-

(2.) During the time that any tank ship having on board petroleum in bulk Tanks and is within the waters of the Colony, all the tanks or petroleum compart- petroleum ments shall be kept closed to the air, except so far as is absolutely ne- ments to be cessary for the discharge of the petroleum, or for procuring the samples kept closed required by Rule 7 (2) and the mouth of any ventilator in connection ventilators with the tank or petroleum compartment, shall be always protected by a protected. wire gauze cover.'

　　　　　5. Sub-section (7) of Rule 7 is hereby revoked and the following is substituted therefor:--

and

certain

(7.)-(a.) If the certificate of the Government Analyst certifies that none of Ship with the samples of petroleum gives off an inflammable vapour at any tem- quality of perature less than 150° Fahrenheit when tested in the manner set forth petroleum no longer in the Schedule hereto, then, upon payment of the testing fees and upon treated as obtaining the permission of the Harbour Master, to proceed to her an- a tank ship chorage, the ship shall no longer be treated as a tank ship under these regulations.

of petroleum

(b.) If the certificate of the Government Analyst certifies that none of the Discharge

samples of petroleum is low flash petroleum the tank ship may, upon on certificate payment of the testing fees and upon obtaining the permission of the of Govern- Harbour Master, proceed to one of the wharves hereinafter mentioned Analyst. and the petroleum may be discharged as hereinafter provided.

ment

low flash oil

(c.) If the certificate of the Government Analyst certifies, or if the declaration Ship with

provided for in Rule 5 shows, that any of the petroleum on board a tank to leave ship is low flash petroleum, then, unless a permit shall have been obtained Colony. under sub-section (d), (e) or (f) of this section of this rule, the ship shall forthwith leave the waters of the Colony upon being ordered to do

464

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

so by the Harbour Master and by such route as he may direct, or if he does not direct any particular route then by the route by which it entered the waters of the Colony.

permit to

oil.

(d.) If a tank ship has on board high flash petroleum for this Colony and also Ship with

low flash petroleum for some place outside of this Colony the Harbour low flash oil: Master may issue a permit for the ship to proceed to one of the wharves transship hereinafter mentioned and there discharge the high flash petroleum. high flash Before issuing any such permit the Harbour Master shall cause all the tanks which contain any low flash petroleum to be sealed and shall obtain from the master or agents an undertaking to his satisfaction that none of the low flash petroleum shall be discharged within the Colony. Before granting clearance to any such ship the Harbour Master shall cause the seals to be inspected and shall obtain from the master a statutory decla- ration to the effect that none of the low flash petroleum has been dis- charged within the Colony.

low flash oil.

(e.) If a tank ship has on board high flash petroleum for this Colony and also Permit to low flash petroleum for some place outside of this Colony the Harbour transship Master may issue a permit for the transshipment of the low flash petro- leum upon obtaining from the master or agents an undertaking to his satisfaction that none of the low flash petroleum shall be landed in this Colony. Every such transshipment shall be made only into another tank ship or into a properly constructed and equipped tank lighter and shall take place without delay in one of the anchorages specified in Rule 3, and the tank ship or tank lighter receiving such low flash petroleum shall immediately leave the waters of the Colony direct from such anchorage. (f.) If a ship which has on board low flash petroleum arrives in the waters Ship in

of the Colony in distress and is unable to proceed on its voyage without distress:

permit to going into dry dock the Harbour Master may issue a permit for the ship discharge to proceed to one of the wharves hereinafter mentioned and there dis- low flash oil. charge the low flash petroleum in order to enable the necessary repairs to be effected. Before issuing any such permit the Harbour Master shall obtain from the master or agents an undertaking to his satisfaction that all the low flash petroleum shall be re-shipped, and before granting clearance to any such ship the Harbour Master shall obtain from the master or agents a statutory declaration to the effect that all the low flash petroleum has been re-shipped.

(9.) No low flash petroleum whatsoever shall be discharged or transshipped within the Colony except in accordance with these Rules and in accord- ance with the Rules and Regulations in relation to Case Oil."

6. Rule No. 9 is hereby revoked and the following is substituted therefor:-

"9. The wharves immediately opposite the premises licensed for the storage of petroleum in bulk at Tai Kok Tsui, North Point, and Lai Chi Kok shall be the places to which tank ships having, or being about to take on board, petroleum in bulk, shall proceed, and every ship as aforesaid in proceed- ing to or from the wharf at Tai Kok Tsui shall, unless special permission to the contrary has been given by the Harbour Master, take the route by way of the passage North of Stonecutters' Island.'

No low flash oil to be

discharged or trans- shipped.

Places for

discharging on board

or taking

petroleum.

Officers to be on board

7. Rule No. 10 is hereby revoked and the following is substituted therefor:-

"10. During the time that any tank ship is moored or made fast alongside any ship when of the said wharves two certificated officers of the ship, of whom one alongside shall be a deck officer, shall remain on board."

8. Rule No. 12 is hereby revoked and the following is substituted therefor :-

"12.-(1.) When no tank ship or tank lighter (having petroleum on board or being about to take petroleum on board or having recently discharged petroleum) is alongside any of the wharves mentioned in Rule 9, such wharf may be used for the purpose of discharging or shipping case oil within the meaning of the Case Oil Rules provided that such discharging or transshipment is authorised under the said Rules, or for the purpose of landing empty drums or other vessels to be taken into the licensed premises, or steamers may go alongside to take in petroleum fuel for bunker purposes.

　　　　When not being used for any of the above purposes the wharves may be used for any other purpose.

wharf.

Use of Wharf.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

465

(2.) Not more than one tank ship shall go or be alongside any wharf at one time; nor when a tank ship is discharging or shipping petroleum shall any other ship, vessel or junk of any description whatever be alongside the wharf or the tank ship. Provided that two tank ships, or a tank ship and a tank lighter, may be alongside at one time for the purpose of the transshipment of petroleum where such transshipment is authorised either by these Rules or by the Case Oil Rules."

9. Rule No. 13 is hereby revoked.

10. Rule No. 14 is hereby revoked.

11. Rule No. 15 is hereby amended by altering the number of the Rule to 13.

　　　12. Rule No. 16 is hereby amended by altering the number of the Rule to 14, and by the substitution of the word "An "for the word "All" in the 12th line thereof.

13. Rule No. 17 is hereby amended by altering the number of the Rule to 15.

No. 345.

Order made by the Governor-in-Council under Section 10 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

1. The Conditions of Licence to store Petroleum in Bulk made by the Governor-in- Council and published in the Government Gazette of the 9th October, 1906, and on pages 51 and 52 of the Regulations of Hongkong, 1910, are hereby amended by the addition of the following condition :---

18. No case containing oil which is in a leaky or damaged condition shall be conveyed into the premises except for the purpose of repair. Such case shall be stored only in a filling shed or in an open shed with a tiled roof and built within an area surrounded by an embankment or wall specially provided for the repairing of leaky and damaged cases.'

2. The Conditions of Licence to store Petroleum Fuel made by the Governor-in- Council and published in the Government Gazetle of the 9th October, 1906, and on pages 53 and 54 of the Regulations of Hongkong, 1910, are hereby amended by the addition of the following condition :-

16. No case containing oil which is in a leaky or damaged condition shall be conveyed into the premises except for the purpose of repair. Such case shall be stored only in a filling shed or in an open shed with a tiled roof and built within an area surrounded by an embankment or wall specially provided for the repairing of leaky and damaged cases.'

　　　3. The Conditions of Licence to store Kerosine Oil (in Godown) made by the Governor-in-Council and published in the Government Gazette of the 9th October, 1906, and on pages 54 and 55 of the Regulations of Hongkong, 1910, are hereby amended as follows:-

1. Condition No. 6 is hereby revoked and the following is substituted therefor :-

"6. An open shed with a tiled roof shall be provided for the storage of leaky and damaged kerosine cases. The storage of such cases elsewhere is prohibited."

2. Condition No. 8 is hereby revoked.

10th November, 1911.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

465

9. Rule No. 13 is hereby revoked.

10. Rule No. 14 is hereby revoked.

11. Rule No. 15 is hereby amended by altering the number of the Rule to 13.

　　　12. Rule No. 16 is hereby amended by altering the number of the Rule to 14, and by the substitution of the word "An "for the word "All" in the 12th line thereof.

13. Rule No. 17 is hereby amended by altering the number of the Rule to 15.

No. 345.

Order made by the Governor-in-Council under Section 10 of the Dangerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 10th day of November, 1911.

1. Condition No. 6 is hereby revoked and the following is substituted therefor :-

"6. An open shed with a tiled roof shall be provided for the storage of leaky and damaged kerosine cases. The storage of such cases elsewhere is prohibited."

2. Condition No. 8 is hereby revoked.

10th November, 1911.

466 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

No. 346.

Amendment of the Regulations made by the Governor-in-Coun- cil under Ordinance 4 of 1898 (gazetted on the 24th December, 1909), for the maintenance of good order in and for the preservation, management, use and enjoyment of the Queen's Recreation Ground, made by the Governor-in-Council on the 12th day of November,

1911.

　　　　The following Schedule is substituted for all Schedules previously published and shall be deemed to be the Schedule referred to in Regulation 4 of the above mentioned Regula- tions:

SCHEDULE.

QUEEN'S RECREATION GROUND.

Area.

Purpose

To whom allotted.

for which

allotted.

Days.

Polo Club,

Polo, Every week-day.

Cricket,

B Hongkong Chinese Re-

creation Club,

Lawn

Tenuis

Every day except Tucs-

day.

and Football,

Government and Grant

Schools.

Football,

Lusitano Recreation Club, ..

Boys' Own Club,

.་

Monday, Tuesday, Wed- nesday and Friday of each week (up to 4.30 p.m.) and the 1st Saturday of each month.

Wednesday and Friday

(after 4.30 p.m.) aud the 2nd and 4th Saturdays of each month.

Thursday of each week and the 3rd Saturday of each month.

NOTE:---(A, &c.) refer to the plan deposited in the Publie Works Department.

-C

No. 347.

Amendment of the Regulations made by the Governor-in-Coun- cil under Ordinance 2 of 1870, (gazetted on the 24th December, 1909), for the maintenance of good order and for the preservation and better enjoyment of the Wong-Nei-Chong Recreation Ground, made by the Governor-in-Council on the 12th day of November,

1911.

　　　　The following Schedule is substituted for all Schedules previously published and shall be deemed to be the Schedule referred to in Regulation 4 of the above mentioned Regula- tions:-

་

466 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

No. 346.

1911.

　　　　The following Schedule is substituted for all Schedules previously published and shall be deemed to be the Schedule referred to in Regulation 4 of the above mentioned Regula- tions:

SCHEDULE.

QUEEN'S RECREATION GROUND.

Area.

Purpose

To whom allotted.

for which

allotted.

Days.

Polo Club,

Polo, Every week-day.

Cricket,

B Hongkong Chinese Re-

creation Club,

Lawn

Tenuis

Every day except Tucs-

day.

and Football,

Government and Grant

Schools.

Football,

Lusitano Recreation Club, ..

Boys' Own Club,

.་

Monday, Tuesday, Wed- nesday and Friday of each week (up to 4.30 p.m.) and the 1st Saturday of each month.

Wednesday and Friday

(after 4.30 p.m.) aud the 2nd and 4th Saturdays of each month.

Thursday of each week and the 3rd Saturday of each month.

NOTE:---(A, &c.) refer to the plan deposited in the Publie Works Department.

-C

No. 347.

1911.

　　　　The following Schedule is substituted for all Schedules previously published and shall be deemed to be the Schedule referred to in Regulation 4 of the above mentioned Regula- tions:-

་

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

SCHEDULE.

WONG-NEI-CHONG RECREATION GROUND.

467

Area.

To whom allotted.

Purpose for which allotted.

Days.

A Craigengower Cricket Club, Cricket,

Al Government and Grant

Schools,.

Al Hockey Club,

Hockey,

A1 Y. M. C. A. Cricket Club,... Cricket,

A2 Civil Service Cricket Club,

A2 Moslem Recreation Clab,.........

Every week-day. The 1st & 3rd Mondays of each month, Wed- nesday of each week and the 2nd and 4th Saturdays of each month.

Tuesday, Thursday and

Friday.

Monday, other than the 1st & 3rd Mondays of each month and Satur- day, other than the 2nd and 4th Satur- days of each month.

Monday, Tuesday, Thursday, Friday and Saturday.

Sunday.

A3 Police Cricket Club,...... and other

Cricket Every week-day until

Games,

Hongkong Football Club,... Football,

further notice.

Every week-day.

Army and Navy,

Cricket,

Do.

Football

Do.

and

Do.

Hockey,

Do.,

Hockey,

Do.

Monday, Tuesday, Fri-

F Parsee Cricket Club,.

Cricket,

day and Saturday.

St. Stephen's College,

Wednesday.

Government and Grant |

Schools,

01-9 The Royal Hongkong

Golf Club,.

NOTE :-(A, &c.) refer to the plan deposited with the Custodian. A priority of right is reserved to the Military and Naval Authorities to use the whole of the said portions of the Recreation Ground for Military and Naval Exercises on Mondays, Tuesdays, Thursdays and Fridays in each week up to 1 o'clock p.m. when required.

Thursday.

Golf,

Every day.

COUNCIL CHAMBER,

12th November, 1911.

C. CLEMENTI,

Clerk of Councils.

468

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

No. 348.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 21.

THURSDAY, 9TH NOVEMBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

the Registrar General, (EDWIN RICHARD HALLIFAX).

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

❤

Mr. EDBERT ANSGAR HEwett.

Mr. EDWARD OSBORNE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 2nd November, 1911, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minute No. $8, and moved that it be referred to the Finance Committee :----

No. 88.-Queen's College, Books for Chinese Masters,

The Colonial Treasurer seconded.

Question-put and agreed to.

.$ 50.

　　　　PUBLIC WORKS COMMITTEE. His Excellency the Governor appointed Mr. OSBORNE to be a Member of the l'ublic Works Committee vice Mr. EDE who had left the Council.

QUESTIONS.-Mr. POLLOCK, pursuant to notice, asked the following question

Will the Director of Public Works state what steps are being taken for the repair or restoration of the Fountains which were presented and dedicated to the public in 1887 in commemoration of the Jubilee of Her late Majesty, Queen Victoria?

The Director of Public Works replied.

　　　　ARMS AND AMMUNITION AMENDMENT BILL.-The Attorney General moved the Third reading of the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

}

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 469

APPROPRIATION BILL.-The Colonial Secretary a ldressed the Council and moved the Second reading of the Bill entitled An Ordinance to apply a sum not exceeding five million eight hundred and ninety-nine thousand seven hundred and seventy-one Dollars to the Pub- lic Service of the year 1912.

The Colonial Treasurer seconded.

　　Mr. HEWETT, Dr. Ho KAI, the Colonial Treasurer, the Director of Public Works and His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a second time.

The Colonial Secretary moved that the Bill be referred to the Finance Committee.

The Colonial Treasurer seconded, and the motion was agreed to.

Council then adjourned until after the meeting of the Finance Committee.

On Council resuming the Colonial Secretary reported that the Bill had been considered by the Finance Committee and adopted with one clerical amendinent, and moved that the Bill be read a third time.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 16th November, 1911.

Read and confirmed this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils,

F. D. LUGARD,

Governor.

No. 349.

　　Bye-laws made under Section 16 of the Public Health and Buildings Ordinances, 1903-1909.

　　The bye-laws contained in Schedule B of the Public Health and Buildings Ordinance, 1903, and published at pages 476 and 477 of the Regulations of Hongkong, 1910, under the heading "Offensive Trades" are hereby repealed and the following bye-laws are substituted

therefor :-

Offensive Trades.

　　　1. Offensive Trade", for the purpose of these bye-laws, means and includes the trades of blood-boiling, tripe-boiling, soap-boiling, tallow-melting, bone-boiling, bone-crushing, bone-burning, bone-storing, rag-picking, rag-storing, manure manufacture, blood-drying, fell- mongery, leather dressing, tanning, glue-making, size-making, gut-scraping, hair-cleaning, feather-storing, feather-cleaning, and any other noxious or offensive trade, business or manu- facture whatsoever.

　　　2. It shall not be lawful to carry on any offensive trade in any premises unless a licence has been issued by the authority of the Governor in accordance with the terms of the Crown lease of the lot upon which such premises are situate, where such licence is required, nor unless a licence has been issued by the Board under Bye-law No. 3.

　　　3.-(1.) Every application for a licence shall be made in the form attached to these bye-laws. The person so applying shall receive a licence from the Board in the form attached to these bye-laws, and such person is hereinafter referred to as the licensee and shall be responsible for the due performance of the provisions of these bye-laws. Every licence shall expire on the 31st December and shall be for a period not exceeding one year.

•

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 469

The Colonial Treasurer seconded.

　　Mr. HEWETT, Dr. Ho KAI, the Colonial Treasurer, the Director of Public Works and His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a second time.

The Colonial Secretary moved that the Bill be referred to the Finance Committee.

The Colonial Treasurer seconded, and the motion was agreed to.

Council then adjourned until after the meeting of the Finance Committee.

On Council resuming the Colonial Secretary reported that the Bill had been considered by the Finance Committee and adopted with one clerical amendinent, and moved that the Bill be read a third time.

The Colonial Treasurer seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 16th November, 1911.

Read and confirmed this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils,

F. D. LUGARD,

Governor.

No. 349.

　　Bye-laws made under Section 16 of the Public Health and Buildings Ordinances, 1903-1909.

therefor :-

Offensive Trades.

•

470 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

(2.) A licence shall not be required until the 1st January, 1912, for any premises which have been duly registered under the bye-laws hereby repealed, nor for any premises which the Board would not have required to be registered under the said repealed bye-laws. 3.) Each applicant shall produce either a licence issued by the authority of the Governor under the Crown lease of the premises to be registered or a certificate signed by the proper officer to the effect that no such licence is required.

4. Licences under these bye-laws shall be issued only in respect of premises that are substantially built, adequately lit and ventilated to the satisfaction of the Board and drained in accordance with the provisions of the Public Health and Buildings Ordinance and the bye-laws made thereunder. The ground surfaces of such premises shall be paved with good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, cement or such other material as the Board may approve of. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports of the pans and other utensils shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, cement, or such other material as the Board may approve of.

and proper All such premises shall be provided to the satisfaction of the Board with adequate urinal and privy accommodation for the use of the work-people employed therein.

　　　　5. Every licensee shall cause all materials which have been received upon the pre- mises where his trade is carried on and which are not immediately required for use, to be stored in such manner and in such a situation as to prevent the emission of noxious or in- jurious effluvia therefrom.

　　　　6. Every licensee shall cause such portions of the internal surface of every wall upon the promises where his trade is carried on as have not been rendered impervious with suitable material, to be thoroughly cleansed, and after being so cleansed, to be thoroughly washed with hot limewash during the months of January and July of each year.

7. Every licensee shall, at the close of every day, cause all fat, tallow, grease, refuse or filth which has been spilled or splashed, or has fallen or been deposited upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a cleanly and wholesome condition.

8. Every licensee shall cause every part of the internal surface of the walls and every Hoor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon.

9. Every licensee shall adopt the best practicable means of rendering innocuous all vapours or dust emitted during the process of manufacture upon the premises where his trade is carried on.

He shall in every case where boiling is a necessary part of the process of manufacture either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

10. No persons (other than two caretakers in respect of each block of buildings) shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on works connected with the trade.

11. Every licensee shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. He shall, where it is in the opinion of the Board necessary so to do, provide the drains on his premises with the appliance known as a grease-trap" and shall not pass or permit to be passed any hot liquid refuse (i.e., above 110° Fahr.) into the drains

or sewers.

12. Every licensee shall, at all times, afford free access to every part of the said premises to any member of the Board, or officer of the Sanitary Department.

{

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 471

13. No person under the age of ten years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair-cleaning, feather-storing, or feather-cleaning.

　　14. The Board may require, in the case of dusty offensive trades, the adoption of such special measures or appliances for mitigating as far as possible the danger and nuisance arising from the dissemination of dust through the atmosphere of such premises, as may seem to them to be necessary.

15. The licensee shall cause a duly authenticated copy of these bye-laws in English and Chinese to be hung up in a conspicuous position in his premises.

Form of Application.

I, the undersigned, hereby notify the Sanitary Board that I business of an offensive trade namely

Street

floor

commence

propose to

the

continue

Lot No.

on the premises known as No. and I beg leave to request that the said premises may be duly registered for such

purpose.

Signature of Applicant.

Form of Licence.

is hereby authorized by the Sanitary Board to carry on the at the premises known as

trade of

Lot No.

during the

year 19

Dated this

day of

Secretary of the Board.

Made by the Sanitary Board this 10th day of October, 1911.

W. BOWEN-Rowlands,

Secretary.

Approved by the Legislative Council this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

　　　No. 350.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 43 of 1911.-An Ordinance to amend the Foreign Offenders Deten-

tion Amendment Ordinance, 1911.

Ordinance No. 44 of 1911.-An Ordinance to amend the Railways Ordinance, 1909. Ordinance No. 45 of 1991.-An Ordinance to amend the Defence Contribution

Ordinance, 1901.

Ordinance No. 46 of 1911.--An Ordinance to amend the Liquors Consolidation

Ordinance, 1911.

Ordinance No. 47 of 1911.-An Ordinance to provide for a more effectual control

over Societies and Clubs.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 471

13. No person under the age of ten years shall be permitted upon any premises used for the trade of rag-picking, rag-storing, hair-cleaning, feather-storing, or feather-cleaning.

15. The licensee shall cause a duly authenticated copy of these bye-laws in English and Chinese to be hung up in a conspicuous position in his premises.

Form of Application.

I, the undersigned, hereby notify the Sanitary Board that I business of an offensive trade namely

Street

floor

commence

propose to

the

continue

Lot No.

on the premises known as No. and I beg leave to request that the said premises may be duly registered for such

purpose.

Signature of Applicant.

Form of Licence.

is hereby authorized by the Sanitary Board to carry on the at the premises known as

trade of

Lot No.

during the

year 19

Dated this

day of

Secretary of the Board.

Made by the Sanitary Board this 10th day of October, 1911.

W. BOWEN-Rowlands,

Secretary.

Approved by the Legislative Council this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

　　　No. 350.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :-

Ordinance No. 43 of 1911.-An Ordinance to amend the Foreign Offenders Deten-

tion Amendment Ordinance, 1911.

Ordinance No. 44 of 1911.-An Ordinance to amend the Railways Ordinance, 1909. Ordinance No. 45 of 1991.-An Ordinance to amend the Defence Contribution

Ordinance, 1901.

Ordinance No. 46 of 1911.--An Ordinance to amend the Liquors Consolidation

Ordinance, 1911.

Ordinance No. 47 of 1911.-An Ordinance to provide for a more effectual control

over Societies and Clubs.

472

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Short title.

Amends Ordinance

No 23 of 19:1.

HONGKONG.

No. 43 of 1911.

An Ordinance to amend the Foreign Offenders

Detention Amendment Ordinance, 1911.

F. D. LUGARD,

Governor.

[17th November, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Foreign Offenders (No. 2) Amendment Ordinance, 1911.

2. Paragraphs (c) and (d) of section 2 of the Foreign Offenders Detention Amen Iment Ordinance, 1911, are here- by repealed and the words and figures in the Foreign Offenders Detention Ordinance, 1872, deleted or repealed by the said paragraphs are hereby restored,

Passed the Legislative Council of Hongkong, this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

Short title.

Amends Ordinance No. 21 of 1909.

HONGKONG.

No. 44 OF 1911.

An Ordinance to amend the Railways Ordinance,

1909.

F. D. LUGARD,

Governor.

[17th November, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council there- of, as follows :--

1. This Ordinance may be cited as the Railways Amendment Ordinance, 1911.

2. The Railways Ordinance, 1909, is hereby amended.

as follows:-

(a.) in section 32 (1) (ƒ) thereof by inserting the words" and for granting exemptions from such charges" after the word "railway ";

(b.) in section 32 (1) thereof by adding the follow- ing sub-sub-section after sub-sub-section (h) thereof and by renumbering sub-sub-section (i) as sub-sub-section (j):-

"(i.) For regulating the sale of all tickets and appointing agents of the railway to sell such tickets upon commission or otherwise."; (c.) iu section 36 thereof by the insertion of the words "unless exempted from the payment of fare by or under any General Rule inade under section 32," after the words " no person";

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

(d.) in section 36 thereof by the insertion of the words not so exempted," after the words "Every person person ";

and also after the words "any

(e.) by the repeal of section 48 thereof and by the

substitution therefor of the following section:-

•

offensive

"48.--(1.) No person shall carry or cause Carriage of to be carried upon a railway any dangerous goods of a goods as defined by section 2 of Ordinance No. dangerous or 1 of 1873 or any goods which may be declared nature. dangerous or offensive by any General Rule made under section 32 of this Ordinance, ex- cept in accordance with the provisions of any General Rule made under the last mentioned section.

(2.) If any person shall carry upon or deliver for carriage by the railway any dan- gerous goods without distinctly declaring the nature of the same he shall be liable on sum- mary conviction to a penalty not exceeding one hundred dollars.

(3.) It shall be lawful for any railway official to refuse to carry any luggage or parcel that may be suspected to contain dangerous or offensive goods and to require the same to be opened and in case any such luggage or parcel shall have been received by any official for the purpose of being carried on the railway it shall be lawful for any railway official to stop the transit thereof until he shall be satisfied that the nature and contents of the luggage or parcel are not dangerous or offensive."

Passed the Legislative Council of Hongkong, this 16th day of November, 1911.

473

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 17th

day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

HONGKONG.

No. 45 OF 1911.

An Ordinance to amend the Defence Contribution

Ordinance, 1901.

F. D. LUGARD,

Governor.

[17th November, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as "The Defence Con- Short title, tribution Ordinance, 1901, Amendment Ordinance, 1911," and shall be read and construed as one with the Defence Contribution Ordinance, 1901, (hereinafter called the Prin- cipal Ordinance). Any copy of the Principal Ordinance printed after the commencement of this Ordinance may be printed with the amendments, additions and alterations required by this Ordinance.

Reprints.

2. Section 3 of the Principal Ordinance is amended by Amendment. the addition of the words following, that is to say:

of section 3 of the Prin-

"Provided that the charges for working expenses cipal Ordin-

and maintenance of the British Section of the ance. Kowloon-Canton Railway and of any railways, telephones or other productive undertakings of

474

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

a similar character which may hereafter be established and for interest and sinking fund on any sums raised by loan and utilized for the construction of such railways, telephones or undertakings shall be deducted from the gross receipts of such railways, telephones or under- takings respectively and the percentage struck on the net receipts only if any in each case. Provided also that from and after the first day of January, 1911, in the case of any railways, telephones or other productive undertakings the cost of the construction of which has been or hereafter may be defrayed out of the Revenue of the Colony and not by means of a loan there shall be deducted annually from the gross receipts of such railways, telephones or other undertakings during a period of fifty years a sum equal to four per cent. on the capital expenditure incurred in the establish- ment of such railways, telephones or other undertakings and the percentage shall be struck on the net receipts if any after deducting the said sum of four

per cent.

Passed the Legislative Council of Hongkong, this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 17th day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

HONGKONG.

No. 46 or 1911.

An Ordinance to amend the Liquors Consolida-

tion Ordinance, 1911.

F. D. LUGARD,

Governor.

Short title.

Amends Ordinance

No. 9 of 1911.

[17th November, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Liquors Amendment Ordinance. 1911.

2. The Liquors Consolidation Ordinance, 1911, is hereby amended :-

(a.) in section 3 (5) thereof by the deletion of the words "or under the New Territories Regulation Ordinance, 1910 ".

(b.) in sub-section (2) (h) of section 22 thereof

by the insertion of the words "or girl' after the word "woman".

(c.) in condition (8) of the conditions of Form 4 of the First Schedule by the insertion of the words "or girl" after the word "woman".

(d.) in section 34 thereof by the insertion of the following sub-section at the end there- of:

(1.) No person (unless licensed under this Ordinance to retail intoxicat- ing liquors to be consumed on the premises) shall keep an eating

༣

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

house, coffee house, refreshment bar or saloon, restaurant, or other place, where meals or refresh- inents are supplied to persons not resident on the premises without a licence granted under this sec- tion."

(e) by the insertion after section 97 thereof of

the following new section

98. The provisions of Part I of this Ordinance shall not apply to any part of the New Territories other than New Kowloon."

(7.) in the Third Schedule thereof by the deletion of Forms Nos. 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11 and by the substitution therefor of the Forms in the First Schedule to this Or- dinance.

(g.) in the Third Schedule thereof by renumbering Forms Nos. 7 and 12 as Forms Nos. 5 and 6 respectively.

(4.) in sub-section (1) of section 46 thereof by the deletion of the figures "4" and "5" and by the substitution therefor of the figures "1" and "2" respectively.

(i.) in sub-section (2) of section 46 thereof by the insertion of the words "filled in in duplicate" after the word "requisition"; by the deletion of the figure "4" and by the substitution therefor of the figure "1".

(j.) in sub-section (3) of section 46 thereof by the insertion of the words "filled in in duplicate" after the word "requisition"; by the deletion of the figure"5" and by the substitution therefor of the figure "2".

(k.) in sub-section (1) of section 47 by the dele- tion of the figure "6" and by the substitu- tion therefor of the figure "4".

(7.) in sub-section (2) of section 47 by the inser- tion of the words "filed in in duplicate" after the word "requisition "; by the deletion. of the figure "3" and by the substitution the refor of the figure "4".

(m.) in section 48 thereof by the deletion of the figure 7" and by the substitution therefor of the figure "5".

(2.) in sub-section (1) of section 49 thereof by the deletion of the figure "9" and by the substitution therefor of the figure "3".

(6.) in sub-section (2) of section 49 thereof by the deletion of the figure "8" and of the word "duplicate" and by the substitution therefor of the figure "3" and the word "triplicate" respectively.

(p.) in sub-section (1) of section 60 thereof by' the deletion of the figrue "11" and by the substitution therefor of the figure "2".

(7.) in sub-section (2) of section 60 thereof by the insertion of the words "filled in in du- plicate" after the word "requisition"; by the deletion of the figure "10" and by the substitution therefor of the figure "2".

(r.) in sub-section (1) of section 66 thereof by the deletion of the figure "12" and by the substitution therefor of the figure "6".

(8.) in section 6 thereof by the insertion of the

following sub-section at the end thereof :-

(4.) Nothing in this section shall be deemed to affect persons who import the intoxicating liquor solely for the purpose of export."

475

476

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Further amends

Ordinance

No. 9 of 1911.

(t.) in sub-section (3) of section 6 thereof by the deletion of the words " person or persons who are not licensed to deal in or sell intoxicating liquor within the Colony" and by the substi- tation therefor of the words "

person who is not the holder of a Dealer's Licence". (4.) by the deletion of Form No. 1 in the First

Schedule thereof and by the substitution therefor of the Form No. 1 in the Second Schedule to this Ordinance.

3. The Liquors Consolidation Ordinance, 1911, is hereby further amended :-

(a.) in section 2 thereof by the deletion of the words "King's warehouse" and by the sub- stitution therefor of the words "General Bonded warehouse".

(b.) in section 41 thereof by the deletion wherever it occurs of the word "King's" and by the substitution in each case of the words " Gen- eral Bonded".

(e) in section 45 thereof by the deletion wherever it occurs of the word "King's" and by the substitution in each case of the words "General Bonded" and by the deletion of the word "keeper" and by the substitution therefor of the words " person in charge". (d.) in section 46 thereof by the deletion of the word "King's" wherever it occurs and by the substitution in each case of the words "General Bonded"; and by the deletion of the word " keeper" and by the substitution therefor of the words "person in charge ". (e.) in sub-section (1) of section 47 thereof by the

deletion of the words "keeper of a King's and by the substitution therefor of the words "person in charge of a General Bonded ". (f.) in sub-section (2) of section 47 thereof by the deletion of the word "King's" and by the substitution therefor of the words "General Bondel".

(g.) ia sub-section (1) of section 49 thereof by the deletion of the word "King's" and by the substitution therefor of the words "General Bonded".

(h.) in sub-section (2) of section 49 thereof by the

deletion of the words "keeper of such King's' and by the substitution therefor of the words "person in charge of such General Bonded (i) in section 50 thereof by the deletion of the word 'King's and by the substitution therefor of the words "General Bonded ". (j.) in section 51 thereof by the deletion of the word "King's" and by the substitution there- for of the words "General Bonded".

(k.) in section 36 thereof by the deletion of the word "King's wherever it occurs. and by the substitution in each case of the words "General Bonded ".

(7.) in sub-sections (1) and (2) of section 58 thereof by the deletion in each sub-section of the words "keeper of any King's" and by the substitution in each case of the words " per- son in charge of any General Bonded ". (m.) in sub-section (3) of section 58 by the deletion of the word "King's "wherever it occurs and by the substitution therefor in each case of the words "General Bonded" also by the deletion of the word "keeper" and by the substitution therefor of the words "person in charge".

(n.) in section 59 thereof by the deletion in each sub-section of the word "King's" and by the substitution in each case of the words "General Bonded ".

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

(6.) in section 60 thereof by the deletion in each sub-section of the word "King's" and by

the substitution in each case of the words

General Bonded ".

(p.) in section 61 thereof by the deletion whenever it occurs of the word "King's" and by the substitution therefor of the words "General Bonded"; by the deletion of the word keeper" and by the substitution therefor of the words " person in charge".

(7.) in sub-section (1) of section 93 thereof by the

deletion of the words "keeper of a King's'

and by the substitution therefor of the words

person in charge of a General Bonded by the deletion of the words "or King's wherever they occur and by the substitution in each case of the words " or General Bond- ed"; and by the deletion of the words "keeper of such King's" and by the sub- stitution therefor of the words "

person in charge of such General Bonded". (r.) in sub-section (2) of section 93 by the deletion of the word " 'King's" wherever it occurs and by the substitution therefor in each case of the words "General Bonded "; and by the deletion of the word " keeper" and by the substitution therefor of the words "person in charge ".

(s.) in section 95 thereof by the deletion of the word "King's" and by the substitution there- for of the words "General Bonded".

Passed the Legislative Council of Hongkong, this 16th day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor the 17th

day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

First Schedule.

FORM NO. 1.

SIR,

I hereby declare that I wish to day of

land

move

a.m. and

from

on the

191 between the hours of p.m. the liquors described hereunder

the duties on which have been paid.

Ship and date of arrival.

Nature

Liquors.

Marks on casks, cases, etc.

Quantity of Liquors.

I hereby grant permission for the

Importers. landing removal

of the liquors

described above the duties on which have been duly paid.

Superintendent,

Imports & Exports Office.

NOTE. If this permit is not made use of on the day in respect of which it is issued, it must be returned within 24 hours to the office of the Superintendent of Imports and Exports.

Section 46.

477

478

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Sections 46 and 60.

FORM NO. 2.

SIR,

I hereby declare that I wish to day of

land

on the

inove

a.m. and

from

191 between the hours of p.. the liquors described hereunder

and to store the same in the

Section 49.

Warehouse at

DESCRIPTION of Liquors.

Ship and date of arrival.

Nature of Liquors.

Marks on

casks, cases, etc.

Quantity.

Importers.

Permission is hereby granted for the landing of the li-

removal

quors described above provided that the said liquers shall be immediately stored in the

Warehouse at

Superintendent,

Imports & Exports Office.

SIR,

FORM NO. 3.

I hereby declare that I wish to move from

Warehouse at

ou the

between the hours of

day of

191

liquors described below

a.m. and for

export to as Ships' stores

p.m. the dutiable

by Steamship

being consigned to

The said liquors are

Description of Liquors.

Importing ship and date of arrival.

Nature of Liquors.

Marks on casks, cases, etc.

Quantity of Liquors.

Exporters.

Permission is hereby granted to move the mentioned liquors for export in the manner describe 1.

Superintendent,

Imports & Exports Office.

NOTE.-If this permit is not made use of on the day in respect of which it is issued, it must be returned within 24 hours to the office of the Superintendent of Imports and Exports.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

479

FORM NO. 4.

SIR,

I hereby declare that I wish to day of

move

land

on the

191

between the hours of

a.m. and

p.m. from

the denatured spirits described below.

Ship and date of arrival.

Marks on casks,

Quantity.

cases, ete.

Applicant.

hereby give permission for the

landing removal

of the dena-

tured spirits described above.

Superintendent,

Imports & Exports Office.

Hongkong.

Second Schedule.

FORM No. 1.

DISTILLERY LICENCE.

The Liquors Consolidation Ordinance, 1911.

DISTILLERY LICENCE.

In consideration of the fee of

I hereby license him to have gallons capacity, at

dollars paid by stills, and to distil spirits

therewith, and to sell such spirits from this date until the

day of

191 in quantities of not less

than two gallons of one liquor at one time, and not to be consumed on the premises.

HONGKONG.

No. 47 OF 1911.

An Ordinance to provide for a more effectual

control over Societies and Clubs.

F. D. LUGARD,

Governor.

[17th November, 1911.]

Section 47.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as dinance, 1911".

2. In thi Ordinance,-

The Societies Or- Short title.

Interpreta-

the word "Society" includes any club, company, tion. partnership or association of ten or more persons, whatever be its nature or object, but does not include

480

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Appoint-

ment of Registrars.

Registration of Societies.

Annual

(a.) any company registered under the Companies Ordinance, 1865, or any Ordinance amending or substituted for the same;

(b.) any company or association constituted under Royal Charter, Royal Letters Patent, Act, or Ordinance;

(c.) any Lodge of Freemasons regularly constituted under any of the registered governing bodies of Freemasons in the United Kingdom ;

(d.) any company, association or partnership, con- sisting of not more than twenty persous, formeil for the sole purpose of carrying on any lawful business ;

the words "Registered Society" mean any Society for the time being registered under this Ordinance ;

the words Exempted Society" mean any Society for the time being exempted from registration by an order of exemption made under this Ordinance;

the word Registrar means the Registrar of Societies, and includes any Assistant Registrar;

the word "prescribed" means prescribed by rule made by the Governor-in-Council under this Ordin-

ance.

3. The Registrar General shall be the Registrar of Societies and the Assistant Registrars General shall be Assistant Registrars of Societies,

4.-(1.) The Governor-in-Council may order that any Society be exempted from registration under this Ordinance and the Societies named in the Schedule shall be deemed to have been so exempted unless or until the Governor- in-Council shall otherwise order.

(2.) The Governor-in-Couneil may order that any Ex- empted Society be permitted to be registered under this Ordinance and thereupon such Society shall cease to be au Exempted Society.

(3.) The Governor-in-Council, upon application for registration or exemption by any Society, may order that such Society be permitted on payment of the prescribed fee to be registered under this Ordinance.

(4.) The Governor-in-Council shall not refuse permission to any Society to be registered under this Ordinance unless it shall appear that such Society is likely to be used for unlawful purposes or for purposes incompatible with the peace or good order of the Colony or that its action and proceedings are calculated to excite tumult or disorder in China or to excite persons to crime in China.

　5. The Registrar shall cause to be published in the registers to Gazette in April of each year a list of all existing Societies be published. registered or exempted from registration.

Cessation of

existence of

a Society.

Exempted Societies to furnish

information.

6. If the Registrar shall have reason to believe that any Registered or Exempted Society has ceased to exist, he may publish in the Gazette a notification calling upon such Society to furnish him with proof of its existence within three mouths from the date of such notification, and if at the expiration of such three months the Governor-in-Coun- cil is satisfied that the Society has ceased to exist a notifi- cation to that effect shall be published in the Gazette and the Society shall be deemed to have ceased to exist from the date of such publication,

t me

7.-(1.) The Registrar may at any

order any Exempted Society to, and the said Society thereupon shall,

furnish him with

(a.) a true and complete copy of the constitution and rules of the Society in force at the date of such order;

(b.) a true and complete list of the officers of the Society and a true statement of the number of its members.

(2.) The Governor-in-Council may at any time order any Exempted Society to, and the said Society theupon shall, furnish such information concerning the Society as he may see fit to require.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 481

•

8. The Registrar may at any time order any Registered Registered Society to, and the said Society thereupon shall, furuish Societies to him with such of the information prescribed as he may furnish

think fit.

information.

9.-(1.) The obligations imposed upon Societies by Officers of ́a sections 7 and 8 shall be deemed to be personal obligations Society to be

personally upon the president and secretary and upon all members responsible.

of committee of every such Society, or, if such offices do not exist, then upon all persons holding positions in such Society analogous to those of president, secretary and mem- ber of committee, and upon all persons managing or assist- ing in the management of such Society.

(2.) In case any Exempted or Registered Society shall Penalty. fail to comply with any order under or with any of the provisions of sections 7 or 8 each of the persons men- tioned in the last preceding sub-section shall be liable ou summary conviction to a fine not exceeding twenty-five dollars.

10. On and after the first day of January, 1912, every Unlawful Society not being a Registered Society or an Exempted Societies. Society shall be deemed to be an unlawful Society.

11. Any person managing or assisting in the manage- Penalties on ment of any unlawful Society shall be liable on summary managers conviction to imprisonment for a period not exceeding and assistant twelve months.

managers.

12.-(1.) Any person being or acting as a member of an Penalties on unlawful Society shall be liab'e on summary conviction members or to a fine not exceeding five hundred dollars and to im- persons prisonment for a period not exceeding six months.

attending meetings of unlawful Society.

(2.) Any person attending a meeting of an unlawful un Society shall be liable on summary conviction to a fine not. exceeding one hundred dollars and to imprisonment not exceeding three months.

unlawful

13. Any person knowingly allowing a meeting of an Persons unlawful Society, or of members of an unlawful Society, allowing to be held in any house, building or place belonging to or assembly occupied by him, or over which he has control, shall be in their liable on summary conviction to a fine not exceeding one premises. thousand dollars and to imprisonment for a period not Penalty. exceeding six months.

definition of Society.

14. If in any prosecution for an offence against the Burden of provisions of this Ordinance it shall be proved that a club, proof as to company, partnership or association exists and is neither a Registered nor an Exempted Society it shall be presumed until the contrary be proved that the club, company, part- nership or association is a Society within the meaning of this Ordinance.

Triad

15.-(1.) When any of the books, accounts, writings, Presumptive banners or insignia of any Society are found in the posses- proof of sion of any person, it shall be presumed, until the contrary membership. be proved, that such person is a member of such Society, ' Societies and if such Society be a Trial Society or a branch of a unlawful. Triad Society it shall be further presumed that such Society is an unlawful Society.

(2.) When any of the books or accounts of any Society Presumptive are found in the possession of any person it shall be further proof of

　　　　　　　　　　　　　　　　　　　　　　　　　　managing. presumed, until the contrary be proved, that such person assists in the management of such Society.

order dis- solution of any Society.

16.-(1.) Whenever it may appear to the Governor-in- Governor-in- Council that any Registered Society or any Exempted Council may Society is being used for unlawful purposes, or for pur- poses incompatible with the peace or good order of the Colony or that such Society exists mainly for the purpose of gaming or that gaming is carried on habitually and in such a manner and to such a degree as to be dangerous to good order, or that the actions or proceedings of such Society are calculated to excite tumult or disorder in China or to excite persons to crime in China, the Governor-in-Council may order that such Society be dissolved.

(2.) Notification of every such order shall be published in the Gazette, and shall be affixed in a conspicuous man-

482

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Consequence

upon the dissolution

of a Society.

Magistrates,

etc., may enter house, etc., where unlawful

meeting held or books, accounts, etc., kept and

ner on any building occupied by such Society, and at the Police Station of the District in which such building may

be.

(3.) Every Society against which an order of dissolution is made shall thenceforward be deemed to be an unlawful Society.

17.-(1.) Upon the making of an order of dissolution against any Society the following consequences shall

ensue :-

(a.) The property of the Society within the Colony shall forthwith vest either in the Official Recei- ver in Bankruptcy or, if any other officer be appointed for the purpose of winding up by the Governor in the notification of the order, then in such officer.

(3.) The Official Receiver in Bankruptcy or such other officer shall proceed to wind up the affairs of the Society, and, after satisfying and pro- viding for all the debts and liabilities of the Society and the costs of the winding-up, shall divide the surplus assets (if any) of the Society amongst the members of the Society according to the rules of such Society (if any), or, if there are no such rules applicable to such case, then equally, but, if by reason of the great number of members, or the difficulty of ascertaining the persons entitled to such assets, or if from any other cause such a division as aforesaid is in the opinion of the Official Receiver or such other officer as aforesaid impracticable, he shall prepare and submit to a Judge of the Supreme Court for his approval a scheme for the appli- cation of such surplus assets to purposes for the benefit of that portion of the public to which the members of the Society more particularly belonged, or of the public generally.

(c.) Such scheme when submitted for approval may be amended by the Judge in such a way as he shall think proper under the circumstances of the case.

(d.) The approval of the Judge to such scheme or amended scheme shall be denoted by the en- dorsement thereon of a memorandum of such approval signed by the Judge, and by the same being sealed with the seal of the Court, and upon this being done the surplus assets the subject of such scheme shall be held and applied by the Official Receiver or such other officer as aforesaid upon the terms and to the purposes thereby prescribed.

(e.) For the purpose of the winding-up the Official Receiver or such other officer shall have all the powers which are vested in the Official Re- ceiver by The Bankruptcy Ordinauce 1891 for the purpose of the discovery of the property of a debtor and the realization thereof, and also all such powers as are by the law relating to Companies vested in the Official Liquidator ; and all the provisions of the Bankruptcy Ordin- ance and of such law, so far as they relate to the discovery and realization of the property of a debtor and to the winding-up of a com- pany, shall mutatis mutandis apply to the winding-up of the affairs of a Society under this Ordinance.

(2.) The Governor-in-Council may for the purpose of enabling a Society to wind up its own affairs suspend the operation of this section for such period as to him shall seem expedient.

18.-(1.) It shall be lawful for any Magistrate or Justice of the Peace to enter, with or without assistance, or to order any Police Officer or other person in his pre- sence to enter, with or without assistance, using force in either case if necessary, into any dwelling-house or other building, or into any place in which he may have rea- sonable ground to believe that a meeting of any unlawful Society, or of persons who are members of an unlawful

१

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 483

found.

Society, is being held, or that any books, accounts, writings, may arrest banners or insignia belonging to any unlawful Society are and seize concealed, kept or deposited and to arrest or cause to be persons and arrested all persons found in such house and to search such property house, building or place, and seize or cause to be seized all books, accounts, writings, banners, documents, flags, in- signia, arms and other articles which he may have reason- able cause to believe to belong to any unlawful Society, or to be in any way connected therewith.

(2.) All persons so arrested and all articles so seized may be detained in custody till they can conveniently be brought before a Police Magistrate to be dealt with according to law.

Persons and property so seized to be

taken before a Court.

19.--(1.) The Registrar of Societies may summon before Registrars to him any person whom he has reason to believe to be able have power to give any information as to the existence or operations of to summon any unlawful Society, or suspected unlawful Society, or as witnesses. to the operations of any Registered Society or Exempted Society and the person so summoned shall be legally bound to attend at the hour and place in the summons specified, and to produce all documents in his custody, possession or power relating to such Society or suspected Society, and to answer truthfully all questions which such Registrar may put to him.

(2.) Any person so summoned before the Registrar who Penalty. fails to attend or who answers untruthfully any question put to him by the Registrar shall be liable on summary conviction to a fine not exceeding one hundred dollars,

to be taken.

(3.) If any person summoned by the Registrar under this Registrar section shall refuse to give such information, or shall give may order information which the Registrar believes to be false, the photograph Registrar may, if he considers it advisable to make provi- sion for the identification of such person, order that a photograph shall be taken at such time and in such place and manner as the Registrar may think fit, and if such person refuses to comply with such order he may be arrested and detained in custody until he can conveniently be brought before a Magistrate to be dealt with according to law.

(4.) Any person who may fail to comply with any order Penalty. that he shall permit his photograph to be taken shall be liable on summary conviction to a fine not exceeding one hundred dollars.

20. No person shall be charged with an offence under Charges. this Ordinance or under any Rule made under it except on the complaint of the Registrar.

21. Any books, accounts, writings, banners, insignia or Forfeiture. other property belonging to any unlawful Society shall be disposed of as the Registrar subject to the instinctions of the Governor-in-Council mmy direct.

22. In every case where personal service of any sum- Service of mons issued under this Ordinance or under any rule made summons, thereunder cannot be effected, it shall be sufficient service etc. to affix one copy thereof outside the premises (if any) of the Society in respect of which such summons is issued and to leave another copy thereof at the registered address or last known place of abode or business of the person on whom it is desired to serve the summons. Sufficient service of all notices and other documents issued under this Ordinance or under any rule made hereunder een be effected in a similar way.

23.-(1.) The Governor-in-Council may from time to Power to time make Rules to prescribe the manuer of registering make rules. Societies under this Ordinance and to fix fees for the registration of Societies and generally to give effect to the provisions of this Ordinance.

(2.) Any person committing a breach of any such rule Penalty for shall be liable on summary conviction to a fiue not ex- breach of cceding twenty-five dollars.

rule.

24. Every Registered Society and every Exempted Societies on Society declaring by its managers its desire in this behalf declaration shall, upon such declaration made to the Registrar of So- to be cieties and registered by him, b e entitled to the benefit of the following the following provisions, that is to say :-

entitled to

privileges.

484

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

(i.) The moveable property of such Society, if not Property

vested in trustees, shall be deemed to be vested how deemed for the time being in the governing body of to be vested. such Society, and in all proceedings civil and criminal may be described as the property of the governing body of such Society by their proper title.

(ii.) Every such Society may sue or be sued in the Society how

name of such one of its members as shall be to sue and declared to and registered by the Registrar of be sued. Societies as the public officer of the Society for this purpose, and, if no such person shall be registered, it shall be competent for any person having a claim or demand against the Society to sue the Society in the name of any person registered as a manager of the Society.

(iii) No suit or proceeding in any Civil Court shall Suits not

abate or discontinue by reason of the person by to abate by or against whom such suit or proceeding shall death, etc. have been brought or continued dying, or ceas-

ing to fill the character in the name whereof he ~ shall have sued or been sued, but the same suit

or proceeding shall be continued in the name of or against the successor of such person.

(iv.) No judgment in any suit shall be put in force Judgments

against the person or property of the person sued, how to be but against the property of the Society. The put in force. application for execution shall set forth the judgment, the fact of the party against whom it shall have been recovered having sued or having been sued, as the case may be, on behalf of the Society only, and shall require to have the judgment enforced against the property of the Society.

(v.) Any member who may be in arrear of a sub- Civil pro-

scription, which, according to the rules of the ceedings

　　　　　　　　　　　　　against Society, he is bound to pay, or who shall member. possess himself of or detain any property of the Society in a manner or for a time contrary to such rules, or shall injure or destroy any pro- perty of the Society, may be sued for such arrear or for the damage accruing from such detention, injury or destruction of property in the manner hereinbefore provided. But, if the defendant shall be successful in any suit or other proceedings brought against him at the instance of the Society, and shall be adjudged to recover his costs, he may elect to proceed to recover the same from the officer in whose name the suit shall be brought, or from the Society, and in the latter case shall have process against the property of the said Society in the manner above described.

Dissolution of Societies how may be had.

(vi.) Any number not less than three-fifths of the members for the time being resident in the Colony of any Society may determine that it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the Society, its claims and liabilities according to the rules of the said Society appli- cable thereto (if any), and, if not, then as the governing body shall find expedient, provided that, in the event of any dispute arising among the said governing body or the members of the Society, the adjustment of its affairs shall be referred to the Supreme Court, and the Court shall make such order in the matter as it shall deem requisite. Provided that no Society shall Proviso. be dissolved unless three-fifths of the members so resident as aforesaid shall have expressed a wish for such dissolution by their votes deli- vered in person or by proxy at a general meet- ing convened for the purpose.

}

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 485

25. The Triad and Unlawful Societies Ordinance, 1887, Repeal of is hereby repealed.

Passed the Legislative Council of Hongkong, this 16th day of November, 1911.

Ordinance No. 2 of 1887.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excelleney the Governor, the 17th

day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

Schedule of Exempted Societies.

Germania, Club.

SOCIAL CLUBS.

Hongkong Islam Club.

Lusitano Club,

Nippon Club.

Non-Chinese.

Parsee Church and Club.

Peak Club.

Zoroastrian Club,

Chinese.

Chinese Club 華商會所

Keng Chin Club 景泉

Kwong Yik Club 產品

Long Wan Club

Lán Shat 蘭室

Man Yuen 文園

Man Meng Club 文明

On Lán Hin Sailors' Club 安瀾軒.

Sui Wa Shü Shat 瑞華書室 Shiu Kei 紹記

Wing Wo永和

Yi Wo Tong Sailors' Club 義和堂

Yue On 遇安.

SPORT.

Non-Chinese.

Chess.

Hongkong Chess Club,

Cricket.

Golf.

Craigengower Cricket Club.

Hongkong Cricket Club.

Hongkong Civil Service Cricket Club.

Kowloon Cricket Club.

Hongkong Cricket League.

Parsee Cricket Club.

Queen's College Cricket and Football Club.

Royal Hongkong Golf Club, The.

Football.

Hongkong Football Association.

Hongkong Football Club.

Hockey.

Hongkong Hockey Club.

486

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Miscellaneous.

Hongkong Amateur Dramatic Club,

Hongkong Philharmonic Society.

Hongkong Amateur Athletic Association. Hongkong St. Andrew's Society.

Hongkong Jockey Club.

Kowloon Bowling Green Club.

Ladies Recreation Club.

Lusitano Recreation Club.

Polo Club.

Sociedade Philarmonica,

United Service Recreation Club.

Victoria Recreation Club.

Yacht,

Hongkong Corinthian Yacht Club,

Royal Hongkong Yacht Club.

Chinese.

Chinese Recreation Club 中華遊樂會 Vanguard Tennis Club

RELIGIOUS OR CHARITABLE.

Non-Chinese.

Asile de la Sainte Enfance.

Benevolent Society.

Chinese Church Body, Anglican Church.

Catholic Union.

Christian Science Society.

Confraternity of the Blessed Sacrament.

Diocesan Girls' School and Orphanage.

Diocesan School and Orphanage.

German Church and School Society of Hongkong.

Hongkong and New Territories Evangelisation Society.

Hongkong Branch of the Canossian Sisters of Charity.

Hongkong Society for the prevention of cruelty to animals. Ministering Children's League.

Society of St. Vincent de Paul.

Soldiers' and Sailors' Home.

Seamen's Institute.

Sailors Home, The.

Saint John Ambulance Association,

Society of Saint Paul of Chartres.

Young People's Society of Christian Endeavour.

Young Men's Christian Association.

Young Women's Christian Association,

Chinese.

Confucian Society 孔聖會

Chinese Public Dispensaries 公立醫局

Ellis Kadoorie Chinese Schools Society i

Po Leung Kuk 保良局

Pát Yap Flood Relief Soriety 八邑賬濟會

Tung Wa Hospital 東華醫院

TRADE GUILDS AND SOCIETIES. Non-Chinese.

Institution of Engineers and Ship Builders.

Masters.

Chinese.

銀舖行

Bankers Guild, Chinese

Californian Merchants Guild

Commission Agents Guild

L'Œ,

九八行

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 487

Compradores Guild

Coal Contractors Guild, Kei

Hán

Coal Sub-contractors Guild,

Hop Yik Kung Sz

Coppersmith Masters Guild,

Tung Hing Tong

叙理堂

寄閒煤炭東家行

合益公司煤行

同慶堂打銅東家行

General Merchants Guild

Drugs Guild

Dyeing Materials Masters

Guild, Tung Chi Tong

Foreign Goods Import and

Export Guild

Fruit and Vegetable whole-

sale dealers Guild, Kung

Mau Tong

Ginseng and Drug Dealers

南北行

生藥行

同志堂顏料行

出入口洋貨行

公茂堂菓菜行

Guild

參茸藥材行

Ginseng Guild

參茸行

Hotel Guild, Kwong Lin

Kung Sz

聯公司客棧行

Iusurance Company Guild 燕梳行

Matbag Packers Masters

Guild, Yi On Tong

Pawnbrokers Guild

鴉片行

當排行

貽安堂蒲苞行

Opium Guild

* Painters Guild, Kwong Wo

Shing

廣和盛油漆行

Tong

* Painters Guild, Tsoi Chi

Tong

Poulterers

Guild, Wing

Shang Tong

Poulterers Guild, Kung Wai

Pig Dealers Guild, whole-

sale, Tong On Shê.

彩致堂油漆行

永生堂雞鴨行

公惠堂雞鴨行

同安社生猪欄行

Pond Fish Dealers Guild

塘魚行

Rice Guild

米行

Wing Yip Tong

榮業堂籐椅行

卓

Piece Goods Dealers Guild 紙疋頭行

Rattan Chair Makers Guild,

Roast and Dried Meats Guild 燒臘檯行

Sandalwood Masters Guild,

Hop Wo Kung Sz

Salt Fish wholesale dealers

合和公司檀香行

Guild, Lün Yik She 聯益社鹹魚行

Sea Fish Dealers Guild

Tailors Guild, Yuen To On

鮮魚行

Tsui Tong, masters 安叙堂洋衣行

* Tinfoil Guild

Workmen.

金箔行

* Includes workmen as well.

Chinese:

Brass-smith Guild, Kam

Shing Tong

Carpenters Guild, Kwong

Yuet Tong

金勝堂打銀行

廣悅堂木匠行

488

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Eating Houses Employees

Guild, Lün Hing Ngoi

Yue

Ginseng Workmen's Guild,

Tsui Lok

Gardeners Club, Wo Fat

聯興外寓麵食酒菜西家行

叙樂洋參冯家行

和發生園工外寓

Waiters, Chung King Tong

Waiters, Chung Fuk Tong

種福堂

Shang

GENERAL MERCHANTS' ASSOCIATION.

Non-Chinese,

Hongkong General Chamber of Commerce,

Fire Insurance Association of Hongkong.

Steckbrokers' Association of Hongkong.

Chinese,

Chinese Chamber of Com-

merce

中華會館:

Chirese Commercial Union 華商公所

MISCELLANEOUS.

Non-Chinese.

British Medical Association-Hongkong and China Branch.

Bibliotheca Portugueza.

City Hall,

China Association, Hongkong Branch.

Hongkong College of Medicine.

Hongkong Co-operative Society.

Hongkong Horticultural Society.

Hongkong "Odd Volumes " Library, Scientific and Debat-

ing Society.

Royal Naval Canteen.

Sanitary Institute, Hongkong Branch.

Society of Comparative Legislation.

APPOINTMENTS, &c.

　　　No. 351.-His Excellency the Governor has been pleased to appoint Mr. EDWARD ALEXANDER IRVING to act as First Police Magistrate during the absence on leave of Mr. FRANCIS ARTHUR HAZELAND or until further notice, Mr. Joux RoSKRUGE WOOD to act as Director of Education, Mr. CHARLES ALEXANDER DICK MELBOURNE to act as Second Police Magistrate, and Mr. ARTHUR GEORGE MURCHISON FLETCHER to act as Deputy Registrar and Appraiser, Supreme Court, in addition to his other duties, all with effect from this date.

15th November, 1911.

　　　No. 352.-His Excellency the Governor has been pleased to appoint Mr. GEORGE EDWARD STEWART (late Captain, Shanghai Volunteer Corps) to be Lieutenant in the Hong- kong Volunteer Corps, Scouts Company, vice Mr. JOHN JOHNSTONE resigned, with effect from the 27th October, 1911.

15th November, 1911.

488

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911.

Eating Houses Employees

Guild, Lün Hing Ngoi

Yue

Ginseng Workmen's Guild,

Tsui Lok

Gardeners Club, Wo Fat

聯興外寓麵食酒菜西家行

叙樂洋參冯家行

和發生園工外寓

Waiters, Chung King Tong

Waiters, Chung Fuk Tong

種福堂

Shang

GENERAL MERCHANTS' ASSOCIATION.

Non-Chinese,

Hongkong General Chamber of Commerce,

Fire Insurance Association of Hongkong.

Steckbrokers' Association of Hongkong.

Chinese,

Chinese Chamber of Com-

merce

中華會館:

Chirese Commercial Union 華商公所

MISCELLANEOUS.

Non-Chinese.

British Medical Association-Hongkong and China Branch.

Bibliotheca Portugueza.

City Hall,

China Association, Hongkong Branch.

Hongkong College of Medicine.

Hongkong Co-operative Society.

Hongkong Horticultural Society.

Hongkong "Odd Volumes " Library, Scientific and Debat-

ing Society.

Royal Naval Canteen.

Sanitary Institute, Hongkong Branch.

Society of Comparative Legislation.

APPOINTMENTS, &c.

15th November, 1911.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 17, 1911. 489

NOTICES.

COLONIAL SECRETARY'S Department.

No. 353.-It is hereby notified that the following information has been communicated to the Hongkong Government by the Consul General for the Netherlands in a letter dated the 7th instant:--

"The Governor General of Netherlands India by Decree of the 23rd October, 1911, No. 67, has enacted that the Colony of Hongkong is a country to which, in accordance with the stipulations of Article I of the Netherlands Indian Ordinance of the 26th August, 1911, No. 486, it is prohibited to export raw or prepared opium, morphine, compounds of opium, solids or liquids containing or being mixed with opium or morphine, cocaine and ά and ß eucaine and all other drugs, which may be used as surrogates of morphine, as well as syringes or other instruments used for hypodermic injections with morphine and similar mare ties; the export however is allowed, if it appears from an official certificate, that the articles to be exp orted may be imported in the country of destination."

17th N rember. 1911.

A. W. BREWIS,

Colour! Speretary.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 354.-It is hereby notified that the registration of the following trade marks has expired and that they will be removed from the Register of Trade Marks on the 12th day of December, 1911, unless the prescribed fee for renewal of registration is paid before that date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 184 (1-2) of 1897.

Messrs. Clements, Gladiator and Humber

(France) Limited.

11th November, 1911.

No. 355.-It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1999:-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 183 of 1897.

12th November,

1897.

Messrs. Wright Crossby and

Company.

21st November, 1925.

42.

13th November, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks,

492 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

COLONIAL SECRETARY'S Department.

　　　　No. 356.-The following Circular despatch with the accompanying Order of the King in Council is published for the information of those concerned. Government Notification No. 826 of the 9th December, 1903, is hereby cancelled.

24th November, 1911. ·

CIRCULAR.

A. W. BREWIN,

Colonial Secretary.

DOWNING STREET,

24th October, 1911.

　　　　SIR,--With reference to my predecessor's Circular despatch of the 19th October, 1903, covering copies of an Order of His Majesty in Council of the 9th of October, 1903. I have the honour to transmit to you, for publication in the Colony under your government, copies of an Order of His Majesty in Council of the 3rd instant revoking the Order of 1963 and making provision, under Section 238 of the Merchant Shipping Act, 1894, for the appre- hension of seamen deserters from Japanese merchant ships.

I have, etc.,

L. HARCOURT.

The Officer Administering the Government of

HONGKONG.

AT THE COURT AT BALMORAL,

THE 3RD DAY OF OCTOBER, 1911.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL.

Whereas by Sub-section (1) of Section 238 of "The Merchant Shipping Act, 1894," it is provided that, where it appears to His Majesty that due facilities are, or will be, given by the Government of any foreign country for recovering and apprehending seamen who desert from British. Merchant ships in that country, His Majesty may, by Order in Council stating that such facilities are or will be given, declare that that section shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications contained in the Order:

And whereas by an Order in Council dated the 9th October, 1903, His late Majesty, by and with the advice of His Privy Council, was pleased to order and declare that seamen not being slaves (and not being British subjects) who, within His Majesty's Dominions, desert from ships belonging to subjects of His Majesty the Emperor of Japan should be liable to be apprehended and carried on board their respective ships:

And whereas it is desirable to repeal the said Order in Council of the 9th day of October, 1903:

And whereas it appears to His Majesty that due facilities are given by the Government of Japan for recovering and apprehending seamen who desert from British Merchant ships in that country:

NOW, THEREFORE, His Majesty by virtue of the power vested in Him by the hereinbefore recited Sub-section (1) of Section 238 of "The Merchant Shipping Act, 1894," and by and with the advice of His Privy Council, is pleased to order and declare, and it is hereby ordered and declared, that from and after the publication hereof in the London Ga- zette the said Section 238 of "The Merchant Shipping Act, 1894," shall apply in the case of Japan, subject to the condition and qualification following, that is to say, that the applica- tion for assistance by the competent Consular Officer of Japan shall be accompanied by au assurance that all expenses connected therewith shall be repaid and that this Order shall not apply to subjects of His Majesty.

And His Majesty by virtue of the powers vested in Him by the provisions of Section 738 of The Merchant Shipping Act, 1894," and by and with the advice of His Privy Council, is further pleased to order and declare that upon and after the publication hereof in the London Gazette the Order in Council made on the 9th day of October, 1903, shall be revoked and the same is hereby revoked accordingly.

J. C. LEDLIE.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

EXECUTIVE COUNCIL.

493

No. 357.

Conditions of Licence to store 30 gallons of Petrol for the use of Motor Cars, in the ground floor and backyard of a domestic build- ing, made by the Governor-in-Council under Section 10 of the Dan- gerous Goods Ordinance, 1873, (Ordinance No. 1 of 1873), this 15th day of November, 1911.

　　The Conditions of Licence to store 30 gallons of petrol for the use of motor cars, in the ground floor and backyard of a domestic building, made by the Governor-in-Council on the 3rd September, 1911, and published in the Government Gazette of the 8th September, 1911, are hereby revoked and the following are substituted therefor :-

GARAGE LICENCE (PETROL).

　　1. In these conditions "Petrol" means petroleum or any product of petroleum adapted for the use of motor cars which gives off an inflammable vapour at a temperature of less than 73° Fahrenheit when tested in the manner laid down in the Rules relating to the im- portation of petroleum into the Colony: "Drum" means a strong hermetically sealed metal drum such as is commonly known as an Insurance Drum and containing not more than 10 gallons: and "Tin" means an hermetically sealed well-soldered tin, furnished with a high screw-top outlet, of a capacity not exceeding four gallons.

　　3. Such tanks shall be so constructed and maintained that no leakage, whether of liquid or vapour, can take place therefrom, and shall be filled and emptied in the open air only.

　　4. No fire or artificial light shall be used in the roofed-over portion of the licensed pre- mises in which any motor car with Petrol in its tank is, except incandescent electric light, and no inflammable goods or materials shall be kept in the roofed-over portion of such pre- mises except as aforesaid.

　　5. No petrol shall be kept in the unroofed backyard of the licensed premises except in accordance with the following conditions:

(a.) The backyard must be at least 10 feet deep and 13 feet wide.

(b.) The maximum quantity which may be so kept shall be 10 gallons.

(c.) The petrol shall be either in a drum or in a tin or tins.

(d.) The drum or tin or tins shall be kept in a brick or concrete store, with a wel fitting metal cover, of sufficient capacity to hold the whole of the 10 gallons in case of leakage. The store shall be constructed, ventilated and maintained to the satisfaction of the Captain Superintendent of Police, and each ventilator shall be protected with strong fixed wire gauze. On the outside of the store shall be painted in large white letters in English and Chinese the words, "Petrol. Dangerous. Highly Inflammable."

(e.) No substance or article other than petrol in a drum or tin or tins shall be

placed in such store.

(f) Every such store shall be kept locked when not in actual use, and shall not be opened except by the licensee or by a responsible person authorised by him to do so.

(g.) No fire, matches or artificial light shall be used in any portion of the backyard except incandescent electric lamps in glass globes or shades protected by wire. to the satisfaction of the Captain Superintendent of Police, and no inflammable materials shall be kept or allowed to remain in such backyard.

　　6. No Petrol shall be sold on the licensed premises except in the original 10 gallon drums or tins. Every such drum or tin shall bear the words "Petrol. Dangerous. Highly Inflammable" legibly and indelibly stamped or marked thereon or on a metallic or enamelled label attached thereto, and such drum or tin shall also bear a label on which shall be written in English and Chinese "In case of accident smother fire with sand, earth or cloth".

494

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

7. Before repairs are done to any tank, drum or tin, the tank, drum or tin shall, as far as practicable, be cleaned by the removal of all Petrol and of dangerous vapours derived from the same. No Petrol shall be allowed to run into any sewer or drain.

8. All due precautions shall be taken for the prevention of accidents by fire or explo- sion, and for the prevention of unauthorised persons having access to the Petrol or to the vessels containing or intended to contain, or having actually contained, the same; and every person managing, or employed on, or in connection with, any motor car, shall abstain from every act whatever which tends to cause fire of explosion, and which is not reasonably necessary, and shall prevent any other person from committing such act.

C. CLEMENTI,

COUNCIL CHAmber,

15th November, 1911.

No. 358.

LEGISLATIVE COUNCIL.

Clerk of Councils.

LEGISLATIVE COUNCIL, No. 22

THURSDAY, 16TH NOVEMBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.(.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General. (CHALONER GRENVILLE ALABASTER).

8 2

the Colonial Treasurer, (ALEXANDER Macdonald THOMSON). the Director of Public Works, (WILLIAM CHATHAM, ('.M.G.).

the Registrar General, (Eswix RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 9th November, 1911, were read and confirmed.

　　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minute No. 89, and moved that it be referred to the Finance Committee:----

No. 89.-Colonial Secretary's Department and Legislature, Han-

sard Reports,.

The Colonial Treasurer seconded.

Question-put and agreed to.

$120.

494

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

C. CLEMENTI,

COUNCIL CHAmber,

15th November, 1911.

No. 358.

LEGISLATIVE COUNCIL.

Clerk of Councils.

LEGISLATIVE COUNCIL, No. 22

THURSDAY, 16TH NOVEMBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.(.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General. (CHALONER GRENVILLE ALABASTER).

8 2

the Colonial Treasurer, (ALEXANDER Macdonald THOMSON). the Director of Public Works, (WILLIAM CHATHAM, ('.M.G.).

the Registrar General, (Eswix RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. CHARLES HENDERSON Ross.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 9th November, 1911, were read and confirmed.

　　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minute No. 89, and moved that it be referred to the Finance Committee:----

No. 89.-Colonial Secretary's Department and Legislature, Han-

sard Reports,.

The Colonial Treasurer seconded.

Question-put and agreed to.

$120.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911. 495

　　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee (No. 18) dated the 9th November, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

OFFENSIVE TRADES BYE-LAWS.-The Colonial Secretary movel the approval of the Offensive Trade Bye-laws made by the Sanitary Board under Section 16 of the Public Health and Buildings Ordinances, 1903-1909, on the 10th October, 1911.

The Attorney General seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

　　　FOREIGN OFFENDERS (No. 2) AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the For- eign Offenders Detention Amendment Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

RAILWAYS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Railways Ordinance, 1909.

The Colonial Secretary seconded,

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

On the motion of the Attorney General it was agreed that the following sub-section, to be numbered (b), be inserted in Section 2, and that sub-section (b), (c) and (d) be renum- bered (c), (d) and (e) :-

(b.) in section 32 (1) thereof by adding the following sub-sub-section after sub- sub-section (h) thereof and by renumbering sub-sub-section (i) as sub-sub- section (j):

"(i.) For regulating the sale of all tickets and appointing agents of the railway to sell such tickets upon commission or otherwise.'

On Council resuming, the Attorney General reported that the Bill had passed through Committee with a slight amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

MERCHANT SHIPPING AMENDMENT BILL.-The Attorney General addressed the Council and moved the cond reading of the Bill entitled An Ordinance to amend the Merchant Shipping Amendment Ordinance, 1899, and certain Ordinances amending the same.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

496 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

　　　　DEFENCE CONTRIBUTION ORDINANCE, 1901, AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Defence Contribution Ordinance, 1901.

The Colonial Secretary seconded.

Mr. HEWETT and His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Dr. Ho KAI moved that Section 2 be deleted and the following substituted therefor:

2.-(1.) Section 3 of the Principal Ordinance is hereby amended by substituting

"1912" for "1901 ", and also by substituting the words "of 1,000,000 dollars" for the words "a sum equivalent to twenty per centum of the Colonial Revenues".

(2.) Sections 2 and 4 of the Principal Ordinance are hereby repealed. Section 5 of the Principal Ordinance is amended by substituting the word "sum for the word "percentage" in the first line and by deleting the words "by way of percentage" in the last line. Section 6 of the Principal Ordinanc" is amended by substituting the word "sum" for the word "p rcentage e in the first line and by substituting the words "in monthly instalments for the word "monthly ".

On the amendment being put to the vote it was declared lost, seven Members voting against and six-Mr. Ross, Mr. OSBORNE, Mr. HEWETT, Mr. POLLOCK, Mr. WEI YUK, and Dr. Ho KAI-for the amendment.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

LIQUORS AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Liquors Consolidation Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

SOCIETIES BILL.-The Colonial Secretary addressed the Council and moved the Second reading of the Bill entitled An Ordinance to provide for a more effectual control over Socie- ties and Clubs.

The Attorney General seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

}

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911. 497

On Council resuming, the Attorney General reported that the Bill had passed through Committee with a few clerical amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

LAW REVISION BILL-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance for further promoting the Revision of the Law by repealing certain parts of enactments which have ceased to be in force or have be-

· come unnecessary.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in

ommittee on the Bill.

Council resumed, the Bill being left in Committee.

LAW AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance for further promoting the Revision of the Law by amending certain errors contained in, as well as the language used in, the Ordin- ances now in force.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

GENERAL REVISION BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance for promoting the General Revision of the Law by repealing certain enactments which have ceased to be in force or have become unne- cessary, by amending certain other enactments which stand in urgent need thereof, and by incorporating certain amending Ordinances in their respective principal Ordinances.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

　　　UNION CHURCH INCORPORATION BILL. The Second reading of a Bill entitled An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony, was not proceeded with.

　　　REGISTERED PARTNERSHIPS BILL.-The Committée stage on the Bill entitled An Ordinance to establish Registered Partnerships and to give effect to certain Chinese Part- nership Customs, was not proceeded with.

1911.

ADJOURNMENT.The Council then adjourned until Thursday, the 23rd November,

Read and confirmed this 23rd day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

F. D. LUGARD,

Governor.

498 THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

APPOINTMENTS, &c.

　　　　No. 359.-His Excellency the Governor has been pleased, under instructions from the Secretary of State for the Colonies, to recognise Mr. JOHN B. SAWYER as Vice and Deputy Consul-General of the United States of America at Hongkong.

21st November, 1911.

No. 360. His Excellency the Governor has been pleased to appoint, under Section 7 of the Public Health and Buildings Amendment Ordinance, 1993, (rdnance No. 23 of 1903), Inspector ALEXANDER GORDON to be a Sanitary Inspector for Kowloon City, rice Inspector DAVID MCHARDY, with effect from the 14th instant.

27th November, 1911.

No. 361. His Excellency the Governor has been pleased to appoint under Section 4 of the Public Health and Buildings Amendment Ordinance, 1908, (Ordinance No. 14 of 1908), Colonel J. M. IRWIN, Principal Medical Officer, South China Command, to be a Member of the Sanitary Board, vice Lieutenant-Colonel W. G. A. BEDFORD, C.M.G., R.A.M.C., resigned, with effect from the 16th instant.

27th November, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

No. 362.-It is hereby notified that permits will be issued to Steamship Companies in this Colony permitting their vessels while in Hongkong waters to send wireless messages subject to the condition that such permit will be at once cancelled if the Naval silence- Sign ( ..➖➖➖ ➖➖➖➖ ➖➖ ) is not promptly obeyed. This sign will only be made when it is of importance for H.M. Ships to get messages through without interruption, and there- after the "message complete sign" (····

(... ) will be made and commercial messages can be again continued.

•

No. 363.-The following copy of the Register of Chemists and Druggists in this Colony is published in accordance with the provisions of the Pharmacy Ordinance, 1908, (Ordinance 12 of 1908).

Name.

Address.

Title or Qualification.

Capell, J. R.

　　Cheng Kam Ming Duncan, A. T.

Hamson, S. W. McF. Harper, George. Humphreys, H. James, Ernest W. H. Maxfield, Walter Neidhardt, E. Nish, W. M. Nobbs, A. P. Skou, Bertel Sönksen, F. Spurge, H. S.. Stapleton, F. W.

Suiter, J. R.

Sutton, W. D...

Watkins, G. A.

The Pharmacy Watkins, Limited

A. S. Watson & Co., LA.

Do.

18B Tang Yuen, Macdonnell Road. German Dispensary

A. S. Watson & Co., Ld................ Edward Dispensary

Chemist and Druggist.

Do.

Pharmaceutical Chemist.

Do.

Chemist and Druggist.

Do.

A. S. Watson & Co., Ld.

Do.

Watkins, Limited

Do.

A. S. Watson & Co., Ld.

Mauila....

Do.

German Dispensary

Weintraub, Max.

Williams, Owen Stanley

Whitelaw, G. C.

A. S. Watson & Co., Ld.

Pharmaceutical Chemist. Chemist and Druggist.

Do.

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

499

　　No. 364. It is hereby notified for general information that in selecting from appli- cants for clerkships in the Hongkong Civil Service, a preference will as a rule be given to those candidates who have obtained certificates in the Oxford Local Examinations.

A. W. BREWIN,

Colonial Secretary.

27th November, 1911.

No. 365.-Financial Statement for the month of September, 1911.

REVENUE AND EXPENDITURE.

TREASURY.

Balance of Assets and Liabilities on 31st August, 1911, Revenue from 1st to 30th September, 1911,

Expenditure from 1st to 30th September, 1911,

Balance,...

..$1,664,052,82

660,876.15

2,324,928.97

471,292.90

.$1,853,636.07

Assets and Liabilities on the 30th September, 1911.

LIABILITIES.

Deposits not Available,

224,760.31

Balance, Bank,

Officers' Remittances,

100.27

Subsidiary Coins,

Crown Agents' Advances,

4,799,486.31

Advances,

Postal Agencies in China,

51,713.14

Imprest,

Railway Construction,

Total Liabilities,..

Balance,

5,076,060.03

1,853,636.07

TOTAL,.$ 6,929,696.10

22nd November, 1911.

ASSETS.

House Service Account,

Crown Agents' Current Account, Unallocated Stores,

161,117.38

90,776.12

74,762.34

4,741.29

6,301,845.21

300.36

33,362.28

262,791.12

TOTAL,...$

6,929,696.10

A. M. THOMSON,

Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 366.-It is hereby notified that the registration of the following trade marks has

been renewed under the provisions of the Trade Marks Ordinance, 1909-

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

499

A. W. BREWIN,

Colonial Secretary.

27th November, 1911.

No. 365.-Financial Statement for the month of September, 1911.

REVENUE AND EXPENDITURE.

TREASURY.

Balance of Assets and Liabilities on 31st August, 1911, Revenue from 1st to 30th September, 1911,

Expenditure from 1st to 30th September, 1911,

Balance,...

..$1,664,052,82

660,876.15

2,324,928.97

471,292.90

.$1,853,636.07

Assets and Liabilities on the 30th September, 1911.

LIABILITIES.

Deposits not Available,

224,760.31

Balance, Bank,

Officers' Remittances,

100.27

Subsidiary Coins,

Crown Agents' Advances,

4,799,486.31

Advances,

Postal Agencies in China,

51,713.14

Imprest,

Railway Construction,

Total Liabilities,..

Balance,

5,076,060.03

1,853,636.07

TOTAL,.$ 6,929,696.10

22nd November, 1911.

ASSETS.

House Service Account,

Crown Agents' Current Account, Unallocated Stores,

161,117.38

90,776.12

74,762.34

4,741.29

6,301,845.21

300.36

33,362.28

262,791.12

TOTAL,...$

6,929,696.10

A. M. THOMSON,

Treasurer.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 366.-It is hereby notified that the registration of the following trade marks has

been renewed under the provisions of the Trade Marks Ordinance, 1909-

· 500

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 27, 1911.

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 162 (1-2) of 1897.

10th June, 1897.

The Tide Water Oil Company.

9th June,

47.

1925.

No. 185 (1-3) of 1897.

16th November, 1897.

Messrs. Balfour, Guthrie and 15th November,

Company.

42.

1925.

No. 186 (1-2) of 1897.

18th November, 1897.

Messrs. Christy and Company, 17th November,

Limited.

38.

1925.

No. 187 of 1897.

19th November, 1897.

The Green Island Cement

Company, Limited.

18th November, 1925.

17.

20th November, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks,

No. 51.

SOIT

QUI M

Vol. LVII.

DIEU

MON DROITU

The Hongkong Government Gazette

Extraordinary.

Published by Authority.

WEDNESDAY, NOVEMBER 29, 1911.

PROCLAMATION.

No. 9.

[L.S.]

FREDERICK JOHN DEALTRY LUGARD,

Governor.

　　　Whereas by section 6 of Ordinance 10 of 1886, entitled--The Peace Preservation Or- dinance, 1886, it is provided among other things that :-

Whenever it shall appear to be necessary for the preservation of the public peace o Colony, it shall be lawful for the Governor-in-Council to declare by 'roclamation to be published in the Gazette that the Colony shall be subject to the provisions of sections 7 to 14 of the said Ordinance.

And whereas it appears to me in Executive Council that such necessity exists:

Now, therefore, I, Sir FREDERICK JOHN DEALTRY LUGARD, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Companion of the Most Honourable Order of the Bath, Companion of the Distinguished Service Order, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies and Vice-Admiral of the same, in pursuance of the said section and by virtue of the authority in me vested, do hereby under my hand declare and proclaim that the Colony of Hongkong shall be sub- ject to the above quoted provisions of the Ordinance aforesaid.

Given under my hand and the Public Seal of the Colony, at Victoria, Hongkong, this 29th day of November, 1911.

By Command,

C. CLEMENTI,

Colonial Secretary.

GOD SAVE THE KING.

502

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 29, 1911.

APPOINTMENTS, &c.

No. 367. His Excellency the Governor has been pleased to appoint Mr. GEOFFREY NORMAN ORME to act as District Officer for the Northern District of the New Territories, Mr. SAMUEL BURNSIDE BOYD MCELDERRY to act as Assistant District Officer for the Northern District of the New Territories, Mr. ALAN EUSTACE WOOD to act as Assistant District Officer for the Southern District of the New Territories, and Mr. ROGER EDWARD LINDSELL to act as Second Assistant Registrar General, all with effect from the 26th instant and until further notice.

28th November, 1911.

No. 368.-His Excellency the Governor has been pleased to appoint Mr. ALAN EUSTACE WOOD to be an Assistant Superintendent of Police for the Southern District of the New Territories during his tenure of the post of Assistant District Officer for the Southern District of the New Territories, with effect from the 26th instant.

28th November, 1911.

No. 369. His Excellency the Governor has been pleased to appoint Mr. CECIL CLEMENTI to act as Colonial Secretary and Mr. RICHARD HAYES CROFTON to act as Assistant Colonial Secretary and Clerk of Councils, both with effect from the 29th instant and until further notice.

28th November, 1911.

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

شم

504

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

EXECUTIVE COUNCIL.

No. 370.

　　　　Regulation made by the Governor-in-Council under Section 2 of the Arms and Ammunition Ordinance, 1900, (Ordinance No. 2 of 1900), this 27th day of November, 1911.

　　　　The following articles are hereby declared to be Ammunition within the meaning of the above-mentioned Ordinance:-

Bombs and bomb cases, or any parts thereof.

Hand grenades and hand grenade cases, or any parts thereof, except such as can

be used only for the purpose of extinguishing fires.

Any fuses which can be used for the purpose of exploding shells, bombs, or hand

grenades.

COUNCIL CHAMBER,

27th November, 1911.

C. CLEMENTI,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 371.

LEGISLATIVE COUNCIL,

23.

THURSDAY, 23RD NOVEMBER, 191

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.0.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Mr. WEI YUK, C.M.G.

Dr. Ho KAI, M.B., C.M.G.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE,

Mr. CHARLES HENDERSOx Ross.

ABSENT:

The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 16th November, 1911, were read and confirmed.

PAPERS.-The Colonial Secretary laid on the table the following paper:

Report on the Census of the Colony for 1911.

{

504

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

EXECUTIVE COUNCIL.

No. 370.

　　　　Regulation made by the Governor-in-Council under Section 2 of the Arms and Ammunition Ordinance, 1900, (Ordinance No. 2 of 1900), this 27th day of November, 1911.

　　　　The following articles are hereby declared to be Ammunition within the meaning of the above-mentioned Ordinance:-

Bombs and bomb cases, or any parts thereof.

Hand grenades and hand grenade cases, or any parts thereof, except such as can

be used only for the purpose of extinguishing fires.

Any fuses which can be used for the purpose of exploding shells, bombs, or hand

grenades.

COUNCIL CHAMBER,

27th November, 1911.

C. CLEMENTI,

Clerk of Councils.

LEGISLATIVE COUNCIL.

No. 371.

LEGISLATIVE COUNCIL,

23.

THURSDAY, 23RD NOVEMBER, 191

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.0.).

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (ARTHUR WINBOLT BREWIN, C.M.G.).

the Attorney General, (CHALONER GRENVILLE ALABASTER).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS).

Mr. WEI YUK, C.M.G.

Dr. Ho KAI, M.B., C.M.G.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE,

Mr. CHARLES HENDERSOx Ross.

ABSENT:

The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

The Council met pursuant to adjournment.

　　　　The Minutes of the last Meeting, held on the 16th November, 1911, were read and confirmed.

PAPERS.-The Colonial Secretary laid on the table the following paper:

Report on the Census of the Colony for 1911.

{

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1 1911.

505

　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 90 to 94, and moved that it be referred to the Finance Committee :-

No. 90.-Sanitary Department, Disinfectors and Uniformn

for Staff,

No. 91.-Public Works, Extraordinary, Typhoon Refuge,

Mongkoktsui,

No. 92. Public Works, Recurrent, Typhoon and Rainstorm

Damages,

No. 93. Public Works, Extraordinary, Training Nullahs, No. 94.---Miscellaneous Services, Compilation of Local Trade

Directory,

The Colonial Treasurer seconded.

$ 1,550.

25,000.

3,000. 400.

500.

Question-put and agreed to.

　　　REPORT OF THE FINANCE COMMITTEE.- The Colonial Secretary laid on the table the ' Report of the Finance Committee (No. 19) dated the 16th November, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE LAW COMMITTEE. The Attorney General laid on the table the Report of the Standing Law Committee (No. 4) on the Companies Bill, 1911.

POUNDS BILL.--The Attorney General moved the First reading of a Bill entitled An Ordinance to make provision for impounding stray animals and for the disposal thereof.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　STAMP FURTHER AMENDMENT BILL.--The Attorney General moved the First reading of a Bill entitied An Ordinance to amend the law relating to Stamps and Stamp Duty.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　STAMP DUTIES MANAGEMENT AMENDMENT BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to amend the Stamp Duties Management. Qrdinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　UNIVERSITY BILL.-The Attorney General moved the First reading of a Bill entitled An Ordinance to further amend the University Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

MERCHANT SHIPPING AMENDMENT BILL.The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to amend the Merchant Shipping Amendment Ordinance, 1899, and certain Ordinances amending the same.

The Colonial Secretary seconded. Question-put and agreed to. Council in Committee on the Bill.

506

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

On the motion of the Attorney General the following amendments were agreed to:- The word " Amendment" in the title was deleted.

Section 39 of the Principal Ordinance as introduced by Section 4 of the Bill was amended as follows:-

　　　　The following proviso was inserted at the end of sub-section (8):-" Provided that unless and until other regulations are made the regulations contained in Table U of the Schedule shall apply."

　　　　In the Schedule, Table U, the words "Boats, &c." in the heading were deleted and the words "Junks and Small Boats" were substituted therefor.

　　　　The words "other than a junk shall when under way were substituted for the word "shall" in Regulation 14 and the following inserted at the end thereof: Every boat pro- pelled by oars at anchor or at moorings or alongside any wharf shall between sunset and Sunrise exhibit a white light at the bow visible all round at a height of not less than 3 feet. above the gunwale."

　　　　The words and figures "the Merchant Shipping Consolidation Ordinance, 1899," in Regulation 15 were deleted and the words "this Ordinance" substituted therefor.

The following regulation, to be numbered 40, was inserted:-

"40.-No boat shall without lawful authority or reasonable excuse approach within 30 feet of any steamship lying at anchor or at moorings or alongside any wharf at Kowloon."

Regulations 40 and 41 were renumbered 41 and 42.

　　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

　　　　GENERAL REVISION BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance for pro- moting the General Revision of the Law by repealing certain enactments which have ceased to be in force or have become unnecessary, by amending certain other enactments which stand in urgent need thereof, and by incorporating certain amending Ordinances in their respective principal Ordinances.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　　LAW REVISION BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance for further promoting the Revision of the Law by repealing certain parts of enactments which have ceased to be in force or have become unnecessary.

The Colonial Secretary seconded.

Question put and agreed to.

Council in Committee on the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through: Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to. Bill read a third time and passed.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

507

　　LAW AMENDMENT BILL--The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance for further promoting the Revision of the Law by amending certain errors contained in, as well as the language used in, the Ordinances now in force.

The Colonial Secretary seconded. Question-put and agreed to.

Council in Committee on the Bill.

On Conncil resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

UNION CHURCH INCORPORATION BILL.-The Second reading of the Bill entitled An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony, was not proceeded with.

REGISTERED PARTNERSHIPS BILL-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordin- ance to establish Registered Partnerships and to give effect to certain Chinese Partnership Customs.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 30th November, 1911.

Read and confirmed this 30th day of November, 1911.

R. H. CROFTON,

Clerk of Counci's,

F. D. LUGARD,

Governor.

No. 372.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Counci! :-

Ordinance No. 48 of 1911.--An Ordinance to amend the Merchant Shipping Ordinance, 1899, and certain Ordinances amend-

ing the same.

Ordinance No. 49 of 1911.- An Ordinance for promoting the General Revision of

the Law by repealing certain enactments which ceased to be in force or have become unnecessary, by amending certain other enactments which stand in urgent need thereof, and by incorporat- ing certain amending Ordinances in their res- pective principal Ordinances.

Ordinance No. 50 of 1911.--An Ordinance for further promoting the Revision of the Law by repealing certain parts of enactments which have ceased to be in force or have become

unnecessary.

Ordinance No. 51 of 1911.--An Ordinance for further promoting the Revision of

the Law by amending certain errors contained

in, as well as the language used in, the Ordin- ance now in force.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

507

The Colonial Secretary seconded. Question-put and agreed to.

Council in Committee on the Bill.

On Conncil resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

UNION CHURCH INCORPORATION BILL.-The Second reading of the Bill entitled An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony, was not proceeded with.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 30th November, 1911.

Read and confirmed this 30th day of November, 1911.

R. H. CROFTON,

Clerk of Counci's,

F. D. LUGARD,

Governor.

No. 372.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Counci! :-

Ordinance No. 48 of 1911.--An Ordinance to amend the Merchant Shipping Ordinance, 1899, and certain Ordinances amend-

ing the same.

Ordinance No. 49 of 1911.- An Ordinance for promoting the General Revision of

Ordinance No. 50 of 1911.--An Ordinance for further promoting the Revision of the Law by repealing certain parts of enactments which have ceased to be in force or have become

unnecessary.

Ordinance No. 51 of 1911.--An Ordinance for further promoting the Revision of

the Law by amending certain errors contained

in, as well as the language used in, the Ordin- ance now in force.

508

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Ordinance No. 52 of 1911.- An Ordinance to amend the Peace Preservation Or- dinance, 1886.

Ordinance No. 53 of 1911.--An Ordinance to provide for the registration of Chi- nese Partnerships, and to enable partners therein to register and thereby to limit their liability.

Ordinance No. 54 of 1911.-An Ordinance to make provision for impounding

stray animals and for the disposal thereof.

Ordinance No. 55 of 1911.-- An Ordinance to amend the law relating to Stamps

and Stamp Duty.

Ordinance No. 56 of 1911.-An Ordinance to amend the Stamp Duties Manage-

ment Ordinance, 1911.

Ordinance No. 57 of 1911.- An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony,

HONGKONG.

No. 48 or 1911.

An Ordinance to amend the Merchant Shipping Ordinance, 1899, and certain Ordinances amending the same.

F. D. LUGARD,

Governor.

Short title

tion.

[29th November, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Merchant and construc- Shipping Amendment Ordinance, 1911," and shall be read and construed as one with the Merchant Shipping Ordin- ance, 1899, (hereinafter called "the Principal Ördinance"), and this Ordinance and the Principal Ordinance together with the Ordinances amending the same may hereafter be cited as "The Merchant Shipping Ordinances, 1899 to 1911".

Adds a new proviso to

2. Section 4 sub-section (2) of the Principal Ordinance as amended by the Merchant Shipping Amendment Or- section 4 (2) dinances, 1905 and 1909, is hereby further amended by of Ordinance the addition thereto of a further proviso as follows :-

No. 10 of 1899.

Amends

Ordinance

"Provided also that any steam trawler or other fishing vessel propelled by mechanical power other than oars or sails regularly engaged in trawling upon the high seas from the Colony shall also be deemed to comply with the requirements of this sub-section if it is pro- vided with a duly certificated Trawling Master or a master possessing at least a River Trade certificate and an engineer possessing a certi- ficate of competency from the Harbour Master of Hongkong."

3. Section 26 of the Principal Ordinance is hereby section 26 of amended by the deletion of the comma at the end of sub- sub-section (f) of sub-section (1) thereof and by the sub- stitution therefor of a semi-colon followed by the word "or" and by the addition thereafter of the following sub-

No. 10 of

1899.

Refusing or *neglecting to

pay fores

sub-section :-

"(g.) if any person hiring any vessel refuses or Leg'ects on demand by the person in charge of such vessel to pay lawful fare,".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

4. The section 39 of the Principal Ordinance introduced Repeals a by section 4 of the Merchant Shipping Amendment section intro- Ordinance, 1906, is hereby repealed and the following duced into section is substituted in lien thereof :-

the Principal Ordinance by section 4 of Or- dinance No. 16 of 1906 and substi-

tutes a new section there- for.

509

PART X.

Junks and Small Boats.

39.-(1.) (4.) The term "Master shall include any person for the time being in charge or command of any junk.

Definition of Master".

(.) Branch stations of the Harbour Master's Office shall Harbour be inaintained at such places in the Colony as the Governor Master's may, from time to time, determine, which shall be under Stations. the superintendence and control of the Harbour Master, and shall be called "Harbour Master's Stations".

(c.) The Harbour Master shall with the approval of the

Anchorages Governor, by regulation to be published in the Gazette, for junks. appoint suitable anchorages in the waters of the Colony to be called Anchorages for Junks".

Unless and until the limits of such anchorages shall be altered by the Harbour Master, with the approval of the Governor, the limits of anchorages in Table S of the Schedule to this Ordinance shall be in force.

(2) Every junk within the waters of the Colony shall classifica- be licensed in one of the five classes :-

(a.) Trading Junks, (i) that leave the waters of

(b.) Fishing Junks.

the Colony.

(ii) that do not leave the

waters of the Colony.

(c.) Lighters, Cargo Boats and Water Boats.

(d.) Fish Drying Hulks, other Hulks and other

Boats.

The licences shall be in the form in Table T of the Schedule to this Ordinance.

tion of juuks.

Form of Licence for junks.

The fees shall be those prescribed in Tables T and U, or Fees. such others as the Governor-in-Council may from time to time determine.

(3.) Every master of a junk who fails to take out a Penalty for licence under this section shall be liable to a penalty not infringe- exceeding one hundred dollars or to imprisonment with or ment. without hard labour for any period not exceeding three months.

(4.) No junks shall be licensed in more than one class without the permission in writing of the Harbour Master with the approval of the Governor.

Limitation

on classes

of junk licences.

(5.) Trading Junk Licences shall be issued by the Har- Junk Li- bour Master upon payment of the prescribed fee for such cences. periods and subject to such conditions as the Harbour Master with the approval of the Governor may determine. Such conditions shall be endorsed on or contained in such licence and sneh junk having obtained a trading licence the master thereof shall cause the number of such licence to be painted in figures, which shall not at any time be concealed, twenty inches in length in such colours as the Harbour Master shall direct on each bow and on the stern, and also branded on the hull in figures two inches in length. Every person guilty of a breach of any such con- ditions or of the provisions of this sub-section shall be liable to a penalty not exceeding two hundred dollars or in default to imprisonment not exceeding six months with or without hard labour in addition to any other penalty he may thereby incur.

510

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Fishing Junk

Licence.

Licence for Lighters and Cargo Boats.

Making of regulations for licensing of junks, etc.

Penalty

where over- crowding results in drowning of passengers.

Report of arrival and particulars

to be furu- ished.

(6.) Fishing Junk Licences shall be issued by the Har- bour Master upon payment of the prescribed fee for such periods and subject to such conditions as the Harbour Master with the approval of the Governor may determine. Such conditions shall be endorsed on or contained in such licence and such junk having obtained a fishing licence the master thereof shall cause the number of the said junk to be painted in figures, which shall not at any time be concealed, twenty inches in length in such colours as the Harbour Master shall direct on each bow and on the stern and on or about the centre of the main sail in black figures not less than twenty-four inches in length and also branded on the hull in figures two inches in length. Every person guilty of a breach of any such conditions or of the provisions of this sub-section shall be liable to a penalty not exceeding one hundred dollars or in default, to imprisonment not exceeding three months with or with- out hard labour in addition to any other penalty he may thereby incur.

(7.) Lighters, Cargo Boats, Fish Drying Hulks and other Hulks, Sainpans and other vessels of any description whatever shall be licensed by the Harbour Master upon the payment of the prescribed fees for such periods and subject to such conditions as the Harbour Master with the approval of the Governor may determine, which conditions shall be endorsed on or contained in such licence and, after such licence shall have been obtained the master thereof shall cause the number of the vessel to be painted in figures, which shall not at any time be concealed, of such size and of such colours and in such position as the Har- bour Master shall direct. Every person guilty of a

a breach of any such conditions or of the provisions of this sub- section shall be liable to a penalty not exceeding one hundred dollars or in default to imprisonment not exceed- ing three months with or without hard labour in addition to any other penalty he may thereby incur.

(8.) It shall be lawful for the Governor-in-Council to make and publish regulations :--

(a.) for the licensing, registration, and regulation.

of cargo-boat-men and lightermen;

(b.) for fixing the scale of fares to be charged in

respect of such boats or vessels;

(c.) for the regulation and management of all boats, sampans, or other vessels used as dwelling places within the waters of the Colony and not plying for hire :

(d) for the registration or licensing of such last mentioned vessels and of the people dwelling in the same; and

(c.) for providing adequate means for preventing by force when necessary any junk leaving the waters of the Colony or any port in viola tion of this section.

Provided that unless and until other regulations are made the regulations contained in Table U of the Schedule shall apply.

(9.) In case any greater number of persons or passengers shall be taken or carried in any junk, boat or other vessel aforesaid within the waters of the Colony than is respect- ively allowed to be carried therein by the regulations in the said Table U or by any regulation hereafter made by the Governor-in-Council, and any one or more of such persons or passengers is or are drowned in consequence thereof, every person who is in charge of such junk, boat or other vessel shall be guilty of a misdemeanor, and may be punished therefor, without prejudice to any civil remedy and in addition to any penalty provided for ander the aforosaid regulations.

(10.) The master of every junk shall immediately ou arrival in the waters of the Colony, report such arrival at the Harbour Master's Office or at the nearest Harbour Muster's Station, or, if the said Office or Station is closed, as soon as possible after it shall again be opened for business, and shall doposit the licence and furnish the

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

particulars hereinafter mentioned, which shall be entered

in a register for the purpose, that is to say:

(a.) Name and capacity of junk (in piculs).

(b.) The name, address and description of the

owner or owners and of the master.

(c.) The name and address of every consignee or agent if any of the junk and cargo in the Colony.

(d.) The description of the cargo on board and

number of crew and passengers.

(e.) The place from which the junk sailed on her voyage to the Colony and the date of departure. from such place and of her arrival in the Colony.

(f.) Whether carrying any and what guns, arms

and ammunition.

Clearance.

(11.) The master of any junk about to leave her au- Flag to be chorage at any port of the Colony shall eighteen hours hoisted before the time of the intended departure of such junk before de- hoist at the highest mast head such Hag or signal as shall parture. from time to time be specified by the Harbour Master and also shall give notice of such intending departure and the nature of the proposed voyage together with the general character of cargo and particulars of any arms, ammunition and other articles on board at the Harbour Master's Office or Station as the case may be at which the licence of such junk has been deposited and he will thereupon if there is no reasonable objection have the licence returned to him. Provided always that in case such junk shall not leave her anchorage within twenty-four hours thereafter, the master shall report the same at the Harbour Master's Office or Station, as the case may be, and the reason thereof and shall if so required to do re-deposit the said licence.

(12.) The Harbour Master or the officer in charge of Special Per- any Harbour Master's Station may, upon payment of the mits. fee prescribed in Table T, grant to the master of any junk or other vessel licensed under this section a "Special Permit" valid for one voyage only for the doing of any act mentioned in such permit. Such Special Permit may authorise a trading junk licensed to trade only within the waters of the Colony to leave the waters of the Colony for one voyage only. The Special Permits shall be in the form of entry in the junk's pass book as shown in Table T of the Schedule to this Ordinance.

(13.) No junks shall leave any port in the Colony with Junks not out a clearance, unless the safety of the vessel (through to leave stress of weather) shall render it necessary and in such without case she shall return to her former anchorage or place in port when such necessity for leaving it shall have ceased.

clearance.

(14.) No junk shall leave her anchorage or attempt to No junk to leave any port of the Colony between the hours of 6 p.m. leave at and 6 a.m. from October to March inclusive, nor between night. the hours of 7 p.m. and 5 a.m. from April to September inclusive, except in the case of a licensed fishing junk which has obtained a special permit from the Harbour Master.

&C.

(15.) No licence, special permit or receipt shall be used Penalty for in respect of any junk other than the junk therein specified, unlawfully or for any purpose or for any period of time other than using licence, the one therein mentioned, and every master of a junk who shall knowingly use or attempt to use any licence or special permit which shall not have been lawfully obtained, shall be liable to a penalty not exceeding three hundred dollars or imprisonment with or without hard labour for any period not exceeding twelve calendar months and every junk in respect of which a licence or special permit shall have been used or attempted to be used in violation of this sub-section may, either with or without the cargo thereof, and whether the master shall have been brought to trial or not, at the discretion of the Court, be forfeited to the Crown.

(16.) It shall be lawful for the Harbour Master to Licences to grant to any vessel other than a

"Junk

a licence in other vessels.

like manner and in accordance with the provisions of sub- section (4) of this section in relation to Trading Junk

511

512

1911.

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1,

Junks and other craft

to orders of

licences in such cases as it shall appear to him that the vessel referred to is to be employed in the same or similar manner as a "Junk" and such vessel being so licensed shall, so long as the said licence is in force, be considered for all purposes of this Ordinance to be a junk. For any such licence the same fee shall be paid as for a junk.

(17.) It shall be lawful for the Harbour Master to order all junks, lighters, boats, and other vessels of any descrip- to be subject tion whatever to anchor or secure in such place as he may direct or to prohibit their anchoring, or securing in any particular place, or to order them to remove to any other place.

Harbour

Master.

Discipline of harbour.

Penalty for disobeying Harbour

Master's orders.

Penalty for bringing mendicants,

&c., into the Colony.

Power to

board any junk and demand

documents.

(18.) It shall be lawful for the Harbour Master to give such orders to all or any junks, or other vessels, for the proper discipline of the harbour and for the prevention of disorder or confusion, or otherwise as he may, in his discretion, think fit.

(18.) Every master of any junk or other vessel licensed under this section who shall, when within the waters of the Colony, disobey any lawful orders which the Harbour Master may see fit to give, shall be liable to a penalty not exceeding one hundred dollars.

(20) Every master of a junk, who brings into the Colony any person who, in the opinion of the Magistrate before whom the charge is tried, has come to the Colony for the purpose of mendicaney, or any person suffering from leprosy or any infectious or contagious disease, or who removes such person from one part of the Colony to another, shall be liable to a penalty not exceeding ten dollars for each offence, unless in the case of any person suffering from any infections or contagious disease, such master can show to the satisfaction of the Magistrate that he had no reasonable menns of knowing that such person was so suffering.

(21.) It shall be lawful for the Harbour Master or any person deputed thereto by him, or for any officer or constable of the Police Force, or any Revenue Officer, at any time to inspection of stop and board any junk within the waters of the Colony and demand the production of any licence or special permit, and in case by reason of the non-production of any of such documents, or for any other reason, there shall be ground to believe or suspect that any provision of the law has been violated by the master of such junk, or in case the document produced shall appear from the date thereof, or from any other cause, to have been unlawfully obtained, or to be unlawfully used, to arrest such junk and her cargo and the master of such junk, and deliver them into the custody of the Police.

In case of

(29.) Every junk, the master of which shall be charged non-payment with having violated the provisions of this section, may be of penalty forthwith arrested and detained, unless bail to the satis- by master, the same may faction of a Magistrate is given, until the said master shall be levied by either have been acquitted of the offence charged or, if sale of junk. found guilty, shall have paid the penalty inflicted upon him, and in case he shall fail to pay, within ten days, any penalty which may be inflicted upon him, the same may be recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such penalty as aforesaid, shall be paid to the owner or owners of the junk, if claimed within twelve months from the date of the sale, and if not claimed within that period, shall be for- feited to the Crown: Provided that in case it shall be brought to the knowledge of the Magistrate that there is in the Colony any consignee or agent of such junk no sale thereof shall be made in pursuance of this sub-section until three days' previous notice thereof shall have been given in writing to such consignee or agent,

Transfer to purchaser

upon sale of junk.

(23.) Every junk forfeited or sold under the provisions of this section shall be transferred to the purchaser there- of, at his expense, by a bill of sale from the Harbour Master, and such bill of sale shall confer upon such 1 urchaser, his executors, administrators and assigns an absolute title to such junk.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

section.

(24.) No junk or cargo liable to forfeiture, under the Trial of provisions of this section, shall be so forfeited unless the offences un- offence in respect of which such junk or cargo is liable to der this forfeiture, shall be tried by two Police Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.

(25.) Every master of a junk who shall refuse or fail to Penalty for comply with the provisions of sub-section (10) or (11) of infraction this section, or knowingly give untrue particulars con- of sub-sec- cerning the information which he is thereby required to tion (10) or furnish, shall be liable to a penalty not exceeding two hundred dollars, or imprisonment with or without labour for any period not exceeding six months.

(11).

(26.) Every master of a junk violating the provisions of Penalty for sub-sections (13) or (14) of this section shall be liable to infraction of a penalty not exceeding two hundred dollars or imprison- sub-section ment with or without hard labour for any period not (13) or (14). exceeding six months, and such junk and her cargo may, in the discretion of the Magistrates, be forfeited to the Crown. It shall be lawful for any officer or constable of the Police or Harbour Department or for any Revenue Officer to arrest within the waters of the Colony any junk or other Chinese craft leaving or attempting to leave her anchorage, or which he has good reason to believe, had left her anchorage or any port of the Colony between the hours aforesaid.

(27.) If in any action brought in any Court of the Junk not Colony, in respect of a collision occurring between sunset carrying and sunrise, in or outside the waters of the Colony, deemed in

　　　　　　　　　　　　　　　　　　　　　　　　lights to be between a junk and another vessel, it is proved that such fault for junk did not carry either the lights prescribed for sailing collision. vessels by the International Collision Regulations or the lights prescribed for junks by sub-section (1) or (2) res- pectively of section 25 then such junk shall be deemed to be in fault, unless it is shown to the satisfaction of the

Court that the circumstances of the case made the omis- sion to carry such lights necessary.

5. Section 40 of the Principal Ordinance is hereby Repeals sec- repeated.

tion 40 of Ordinance No. 10 of 1899.

6. Tables T and U of the Schedule to the Principal Repeal and Ordinance are hereby repealed and the Tables T and U of substitution the Schedule to this Ordinance are respectively substituted

therefor.

of Tables T and U.

513

Passed the Legislative Council of Hongkong, this 23rd day of November, 1911.

C. CLEMENTI,

Clerk of Councils,

Assented to by His Excellency the Governor, the 29th

day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

514

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Schedule.

TABLE T.

Table of Fees for Licensed Junks.

Section 39.

Trading Trading

Licences.

Fishing

Licences.

One year. One voyage.

Under 100 piculs,

.$ 6.00

$1.00

From 100 to

200,

8.00

1.25

1.00

200 300,

...

10.00

1.50

2.00

300, 400,

12.00

1.75

2.00

400 500,

14.00

2.00

3.00

500 600,

16.00

***

2.25

3.00

600

***

700, 18.00

2.50

4.00

700

800, 20.00

2.75

4.00

800

900, 22.00

3.00

5.00

900

1,000,... 24.00

3.25

5.00

1,000 2,000, 26.00

3.50

6.00

2,000 3,000, 28.00

8.75

6.00

3,000 4,000,

30.00

4.00

7.00

4,000 5,000,

32.00

4.25

7.00

5,000,, 6,000,

...

34.00

4.50

8.00

6,000,, 7,000, 36.00

...

4.75

8.00

}}

7,000,, 8,000, 88.00

5.00

9.00

8,000 9,000,

40.00

5.00

9.00

9,000 10,000,

42.00

5.00

10.00

Over 10,000 piculs,

44.00

5.00

10.00

The above fees for Trading Junk Licences include the annual fee of $3 hitherto charged for Special Permits.

$1 will be charged for each pass book for its first issue. If a pass book is damaged, defaced or lost, a new one will be issued at $10.

Special Permit for Licensed Fishing Junk, 25 cents.

Fees for Painting Numbers on Junks and Other Boats.

The painting and branding of numbers upon Junks and other Boats, as required by sub-sections (5), (6) and (7) of section 39, shall be done to the satisfaction of the Harbour Master, and by persons duly instructed in that behalf by him. The scale of fees for such painting shall be as follows:-

For Trading Junks and Fishing Junks

under 100 piculs,

Do., do., of 100 piculs and

above,

...30 cents.

....50 ""

Lighters, Cargo Boats, Water Boats Other Boats, Passenger Boats A & B, Village Boats, Fish Drying Hulks, Cinder, Bum, Hawker, and Marine Dealers' Boats,

.25

Special Permit.

Audit No.

Date

Special Permit to

Junk No.

Boat No.

Audit No.

Date... Special permission is hereby

Junk No.

granted to

Boat No.

for

Fee, 25 cents.

Received.

Shroff for Harbour Master.

Shroff.

for Harbour Master....

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

515

(Cover.)

Hongkong Government.

Trading

Junk Licence Book.

Fishing

No.

(Back of Cover.)

Government of Hongkong..

Junk Licence No.

Conditions.

1. This Junk Licence must be deposited at the Har- bour Master's Office, or at one of the Harbour Master's Stations, on each occasion upon which the junk to which it is issued arrives at or in the vicinity of such office or station, and the master of such junk shall thereupon give such information as to his late voyage, the cargo and passengers carried and the arms, &c., on board as may be demanded of him. This Licence will be returned to him, on clearance, after similar information from him has been given as to his projected voyage.

2. No junk shall leave the waters of the Colony or be under way within those waters (except by reason of stress of weather) without having her Junk Licence on board.

3. This Licence is to be produced, on demand, to every Harbour or Police or Revenue Officer in the waters of the Colony.

4. This Licence is not transferable. It is valid only. for the junk to which it is issued, and to her only for so long as she remains the property of the owner named therein.

5. In the event of a change of ownership, or should the junk to which this Licence is issued be lost or broken up, this book, if available, must be returned to the Har- bour Master's Office, or to the nearest Harbour Master's Station.

6. A change of master is to be reported at once, and the Licence endorsed accordingly.

new

7. In addition to the licence fee specified in Table T a fee of $1.00 will be charged for each Licence Book issued to any junk. When it has all its pages filled a Licence Book will be substituted. Should this book be lost, damaged, or destroyed, a new Licence Book will be issued only at the Harbour Master's Office or Station.

8. The crew of the junk to which this Licence is issued are to use their utmost endeavour to save life.

9. No junk or other vessel shall carry stink-pots.

Harbour Master.

516

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. of Licence.

Name of Junk

(Sheet 1.)

Owner

Length

Name of Master

Residence of Owner

Residence of Master Agent in Hongkong

Breadth

Capacity

piculs.

Over 15........

Over 15

Crew Males

Females

Under 15

Under 15.

Armament.

Cannons

No.

Muskets

No.

Shot

Ibs.

Bullets

lbs.

Rifles

No.

Revolvers

No.

Cartridges for

No.

Cartridges for

No.

Gunpowder

lbs.

Percussion caps

Boxes.

Gingalls

No.

Blunderbusses

No.

Swords

No.

Pikes

No.

Spears

No.

Shields

No.

Rockets

Blue Lights

Fee $1.

Date of Issue

Harbour Master.

For attachment of Receipt for Licence

Fees.

(Sheet 2.)

Number Brauded on.............

Number painted on bows & stern..

Number repainted

.......date

Alterations in Armament.

(Date and authority to be inserted on each occasion.)

(Sheet 3.)

Changes of master, or owner, and other leading events in

history of junk.

(Sheet 4.)

Name of Station From

Date arrd.

Cargo

Το

Cargo

Fee paid $

Date dep.

Signature.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

517

(Cover.)

Hongkong Government.

Boat Licence.

No.

(Back of Cover.)

Government of Hongkong,

...Licence No...........................

Conditions.

1. This..................................

Licence must be kept on board.

2. This Licence is to be produced, on demand, to every Harbour or Police or Revenue Officer in the waters of the Colony.

3. This Licence is valid only for the

which it is issued.

4. In the event of change of ownership or should the ...boat to which this Licence is issued be lost

or broken

up,

this book, if available, must be returned to the Harbour Office.

5. Change of master must be reported and alteration

made in this Licence.

6. This

passengers.

boat is allowed to carry

(Sheet 1.)

No. of Licence,

Name of.......boat (if any),

Name of Owner,

Residence of Owner,.....

Name of Master,.....

Residence of Master,.

Length,

Breadth,

518

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Capacity,..........piculs.

(Over 15,..........................)

.....

Crew, Males,

(Under 15,......................)

(Over 15,...)

Females,

(Under 15,...)

Received Fee $1.00.

Shroff.

Date,...

For attachment of Receipt for Licence. Fee.

for Harbour Master.

(Sheet 2.)

(Sheet 3.)

For record of changes and events.

Audit No.

(Cover.)

Hongkong Government.

Other

Boats

Licence.

Vessels

Class....

.J01

(Back of Cover.) Government of Hongkong.

Licence No...................

Conditions.

1. This.................................. Licence must be kept on board.

2. This Licence is to be produced, on demand, to every Harbour or Police or Revenue Officer in the waters of the Colony.

3. This Licence is valid only for the...... which it is issued.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1,

4. In the event of any change of ownership or should the...........................................boat to which this Licence is issued be lost or broken up, this book, if available, must be returned to the Harbour Office.

5. Change of master must be reported and alteration made in this Licence.

6. This.........boat is allowed to carry....

.............passengers.

(Sheet 1.)

No. of Licence,

Name of...........boat (if any),

Name of Owner,

Residence of Owner,..

Name of Master,

Residence of Master,

Length,

Breadth,.

Capacity,

...piculs.

(Over 15, .....)

Crew, Males,

(Under 15,.........

(Over 15, .........................)

Females,

(Under 15,.........)

Received Fee for Licence $1.00.

Shroff.

Date,.....

For attachment of Receipt for Licence.

Fee.

for Harbour Master.

(Sheet 2.)

(Sheet 3.)

For record of changes and events.

1911.

519

520

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Sections 28, 39 and 43.

Obligation of licence.

Showing of licence to certain

officers.

Power to stop and search.

I'rosecution

TABLE U.

Regulations for the Licensing, Management, and

Control of Junks and Small Boats.

GENERAL.

1. All boats or vessels referred to in these Regulations. must be duly licensed as therein directed.

　　　　　　　　　　　No person shall engage or let out for hire any boat or vessel unless it has been licensed according to these Regulations.

2. Every person in charge of a licensed boat or vessel must stop and show his licence when required to do so by any member of the Police Force or by any officer of the Harbour Department, or by any Revenue Officer, or by the employer of such boat or vessel, each of whom is hereby empowered to board and examine such boat or vessel.

3. All boats or vessels may be stopped and searched by any member of the Police Force or by any officer of the Harbour Department, or by any Revenue Officer, and every person in or on beard such boat or vessel shall answer truly all questions put to him by such member or officer as to the ownership of such boat or vessel, and any such answer may be given in evidence in any proceedings thereafter instituted against any person in or on board of such boat or vessel at the time when she was so searched.

4. For any breach of these Regulations the licensee or for breach of owner or any of the crew of a licensed boat or vessel shall Regulations. be liable to be prosecuted before a Magistrate, and, if

found guilty, to be punished accordingly.

Penalty for breach of

5. Any breach of these Regulations shall be punishable with a penalty not exceeding one hundred dollars or in Regulations, default of payment with imprisonment for three months

with or without hard labour,

Issue of

licences by the Harbour

Master.

Issue of duplicate licences.

Suspension

or cancel-

lation of licences by the Harbour Master.

L'articulars

and duration of licences.

Painting of number of licence.

Painting of

number by anthorised

persons.

6. Licences shall be issued by the Harbour Master on production of a certificate from the Inspector of Junks stating the particulars required by the Form hereto annexed. Each licence shall be numbered and shall not be transferable.

7. Whenever any licence issued under these Regula tions has been lost or destroyed, a duplicate thereof may be granted by the proper officer if he is satisfied of such loss or destruction, upon payment of one-tenth of the original fee in no case exceeding $1.

8. The issue of a licence shall be in the discretion of the Harbour Master and any licence may be suspended or cancelled by him, if it shall be proved to his satisfaction after due enquiry that the licensee or any of the crew of the boat or vessel has been guilty of any breach of these Regulations or of misconduct in connection with the requirements thereof.

9. Licences shall state the length, breadth, depth, and measurement in piculs of the boat or vessel and shall be valid for one year only or for such less period as shall be named in the licence. For those mentioned under I, III and IV of these Regulations, licences will be issued from the 1st July and for the remainder from the 1st April. Half yearly licences may be issued at the discre- tion of the Harbour Master.

10 Every boat or vessel, for which a licence has been granted, shall carry on each bow and on the stern the number of the licence legibly painted to the satisfaction of the Harbour Master, and branded on the hull in figures two inches in length. Such number shall be the only one permitted and shall not be concealed.

The number shall be painted by persons duly authorised in that behalf by the Harbour Master and for such fees as he shall from time to time direct,

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911. 521

11. No boat or vessel shall ply for hire within 300 feet Prohibition of any Ship-of-War without the written permission of the of plying Harbour Master or of the officer in command of such near Ship-of-

　　　　　　　　　　　　　　　　　　　　　　　　　　　　War. Ship-of-War.

12. Every junk, cargo-boat or other vessel, when lying Yulo to be alongside any ship or landing place, or at anchor within rigged in. the waters of the Colony, shall keep her Yulo" out of water and rigged in so as not to project out-board.

13. All boats or vessels licensed under these Regula- Compliance tions on leaving or entering any port within the waters of with provi- the Colony, except when actually conveying or in the sions as to employ of pleasure parties, shall comply with the provi- clearance. sions of section 39 of this Ordinance relating to the entry and clearance of Junks.

cntry and

14. Every boat or vessel other than a junk shall when Exhibition under way, between sunset and sunrise, exhibit a white of light. light at the bow visible all round at a height of not less than 3 feet above the gunwale. If of 150 feet or up- wards in length, she shall exhibit two such lights, one at the bow and one at the stern, the former being not less than 20 and not more than 40 feet above the hill and the later not less than 15 feet lower than the former. Every boat propelled by cars at anchor or at moorings or along- side any wharf shall between sunset and sunrise exhibit a white light at the bow visible all round at a height of not less than 3 feet above the gunwale.

steam

15. If the beat or vessel is propelled or pumped by power the boiler must be surveyed as provided under sub-section (22) of section 87 of this Ordinance, and the certificate must be produced to the Harbour Master.

16. The licence of a boat or vessel propelled or pumped by steam shall be liable to be cancelled or suspended at any time by the Harbour Master ou the report of the Government Marine Surveyor that in his opinion the boat or veszel is not fit for the service for which she is intended.

Survey of boilers of yelled or

ressel pro-

pumped by steam power.

Cancellation suspension

of licence of vessel pro- pelled or pumped by

steam.

17. The number of adult persons or passengers taken Passenger or carried in any junk, boat or other vessel within the i crew waters of the Colony shall not exceed--

(.) in the case of vessels not exceeding 150 pienis, one passenger for every ten pieuls with an additional crew allowance of four adults ;

(b) in the case of vessels exceeding 150 pienls and not exceeding 1,000 piculs, one passenger for an additional crew every ten piculs with allowance of eight adults;

(e) in the case of vessels exceeding 1,000 piculs, one passenger for every ten piculs with an additional crew allowance of 15 adults.

allegance.

I. - PASSENGER BOATS.

18. No boat shall carry more than the number of pass- Number of engers for which it is licensed, and no boat shall carry passengers. any cargo except passengers' baggage.

19. Every boat shall go alongside a wharf when ordered Regulation of to do so by a member of the Police Force, and shall, when movements. conveying passengers, be carefully steered, and travel with reasonable expedition.

20. Every boat shall, as regards repairs and cleanliness, Boat to be in be kept in a state fit for public use.

a state fit for public use.

21. Every boat shall, between sunset and sunrise, keep Exhibition a lighted lantern with the licence number either painted of Light. on the glass or cut in on the frame in figures at least 2 inches in height, to be produced when demanded.

522

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Obligation as to fare and passengers.

Boat to surrender licences.

Classes of Passenger Boats.

Crew for Class A.

Limits to ply.

Limits to anchor.

Tables of Fares.

22. No person in charge of a boat shall demand more than the fare provided by these Regulations, nor shall he refuse to take a passenger, except for some reasonable cause, anywhere between the North point of Hongkong and Hung Hom point on the East; Belcher's Bay and West point of Stonecutters' Island on the West; Sham- shui-po and West point of Stonecutters' Island on the North.

23. Passenger boats when engaged by Ships-of-War or other vessels for their exclusive use shall surrender their licence to the Harbour Master and shall be given a permit stating the name of the ship for which they are engaged, and whilst holding such a permit passenger boats shall not be permitted to take casual passengers.

24. Passenger boats shall be divided into two classes- A and B.

25. Class A passenger boats shall carry not less than 2 males between the ages of 15 and 60 as part of the crew.

26. No passenger boat other than a passenger boat in Class A shall be permitted to take on board passengers at any point of the Praya between Ship Street Pier on the East and New Harbour Office Pier on the West.

27. No passenger boat other than a passenger boat in Class A shall be permitted to anchor or remain stationary within 100 yards of the Praya between Ship Street on the East and New Harbour Office Pier on the West.

28. The following is the Table of Fares for passenger boats :-

PER DAY OF 12 HOURS.

Class A.

For 1st class boats,

.$3.00

For 2nd class boats,

2.00

For all other boats,

1,50

Class B.

For 1st class boats, For 2nd class boats,

..$2.00

1.50

For all other boats,

1.00

Class A.

40 cents. ...20

Per hour with two passengers,

Per half-hour,..

For each extra passenger, 10 cents for half-an-hour; 20 cents per hour.

Between sunset and sunrise, 10 cents extra per pas- senger.

Exhibition

of scale of fares.

Class B.

Per hour with two passengers,.

.20 cents.

.10 "}

Per half-hour,.....

For each extra passenger, 5 cents for half-an-hour; 10 cents for an hour.

Between sunset and sunrise, 10 cents extra per pas- senger.

"1st Class Boats " above in length.

"2nd Class Boats "

feet in length.

are those measuring 30 feet and

are those measuring from 20 to 30

"All other Boats" are those of under 20 feet in length.

29. The table of fares shall be hung conspicuously in the boat and shall be shown to anyone demanding to see it.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

30. The following licence fees shall be charged in Licence respect of passenger boat licences: ---

For boats in class A, 23 for cach 10 feet or part of 10 feet in length with a minimum fee of $3 and a maximum fee of $15.

For boats in class B, $2 for each 10 feet or part of 10 feet in length with a minimum fee of $2 and a maximum fee of $10.

Village boats,

.81.

Fees.

II.--LIGHTERS, CARGO AND WATER BOATS.

31. No boat or vessel shall have a false bottom or any Prohibition other secret compartment for the concealment of goods or of false persons.

bottom.

32. No licensee of a cargo boat shall refuse to let his obligation boat, except for some reasonable cause.

to let boat.

33. Lighters aud cargo boats will be allowed to carry Restriction as passengers only such persons as may be in charge of on convey- goods or baggage for the conveyance of which the boat is ance of hired or used, or who may be required or may have been passengers, required to assist in loading or unloading,

34. The following is the maximum scale of hire for Maximum cargo-boats:-

Per day or Per

night of load.

12 hours.

scale of hire.

Boat of 800 piculs and upwards

.$10.00

$5.00

under 800 & not less than 500 piculs.

5.00 3.00

nuder 500 & not less than 100 piculs. under 100 piculs

3.00

2.00

1.50

1.00

35. The following licence fees shall be charged :-

Licence

Under 100 piculs,

Fees.

.8 6

From 100 to

200 piculs,

200 to

300

300 to

400

400 to

500

500 to

600

600 to

700

700 to

800

.་

800 to 900

事事

900 to 1,000

1,000 to 2,000

2,000 to 3,000

3,000 to

4,000

4,000 to

5,000

5,000 to

6,000

6,000 to

7,000

7,000 to 8,000

,, 8,000 to 9,090

9,000 to 10,000

Over 10,000 piculs,

N.B.--A vessel exceeding 2,000 picnls shall be deemed to be a "Lighter" under these Regulations.

$1 will be charged for each pass book for its first issue.

III. CINDER BOATS, BUM BOATS, HAWKERS' BOATS AND MARINE DEALERS' BOATS.

36. Every boat shall keep a lighted lantern with the Exhibition licence number either painted on the glass or cut in on of light. the frame in figures at least 2 inches in height to be pro- duced when demanded.

523

524

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Obligation

to number of persons premitted to

carry.

Licence Fees.

37. No boat shall carry more than the number of per- sons for which she is licensed.

38. The following licence fees shall be charged :-

$1 for each 10 ft. or part of 10 ft. in length with a minimum of $1 and a maximum of $5.

Licence Fecs.

200 piculs,

200 to

300

300 to

400

IV. FISH-DRYING AND OTHER VESSELS USED

AS HULKS.

39. The following licence fees shall be charged

Under 100 piculs, From 100 to

多擎

400 to

500

500 to

600

600 to

700

700 to

800

وو

800 to

900

900 to

1,000

1,000 to

2,000

وو

2,000 to

3,000

3,000 to

4,000

4,000 to

5,000

5,000 to

6,000

6,000 to

7,000

7,000 to

8,000

8,000 to 9,000

9,000 to 10,000

Over 10,000 piculs,

$1 will be charged for each pass book for its first issue.

Steamships

not to he

approached,

Obligation to number of persons permitted to carry.

Licence

Fees.

V.-ALL OTHER BOATS OR VESSELS OF ANY DESCRIP-

TION AND USED FOR ANY PURPOSE NOT ALREADY

SPECIFIED (EXCEPT BONA FIDE

PLEASURE BOATS).

40. No boat shall without lawful authority or reasonable excuse approach within 30 feet of any steamship lying at anchor or at moorings or alongside any wharf at Kowloon.

41. No boat shall carry more than the number of per- sons for which it is licensed,

42. The licence fees to be charged shall be half those provided for Lighters, Cargo and Water Boats.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

525

HONGKONG.

No. 49 of 1911.

An Ordinance for promoting the General Revi- sion of the Law by repealing certain enactments which have ceased to be in force or have be- come unnecessary, by amending certain other enactments which stand in urgent need thereof, and by incorporating certain amending Ordin- ances in their respective principal Ordinances.

F. D. LUGARD,

Governor.

[29th November, 1911.]

WHEREAS with a view to the revision of the of the Statute Law of the Colony, and particu- larly to the improvement of the New Edition of Laws authorised by Ordinance No. 19 of 1911, it is expedient, in accordance with the provisions. of section 6 (4) of that Ordinance, that the repeal of the whole or of any considerable part of certain Ordinances which have ceased to be in force or have become unnecessary should be collected into one Ordinance; And Whereas as many of the Ordinances now in force stand in urgent need of amendment, it is expedient, in order to avoid a multiplicity of small Ordinances being presented to the Legislative Council, that such amendments should also be collected into one Ordinance; And Whereas it is expedient more completely than at present to incorporate many of the amending Ordinances now in force into the body of their respective principal Or- dinances; And Whereas it is convenient that the repeals, amendments and incorporations aforesaid should be combined into one Ordinance for the General Revision of the Law :--

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the General Short title. Revision Ordinance, 1911.

2. In this Ordinance, expressions similar in Interpreta- form to the following-

"No. 1 of 1844"

indicate an Ordinance of the year re-

ferred to therein together with its

tion of

terms.

serial number;

526

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Provision for printing amend-

ments, etc.

Commence- ment of Ordinance.

No. 1 of 1844.

No. 1 of 1845.

No. of 1860.

and the letters and words "s.", "ss.", "sub-s." "sub-ss." indicate the words " sec- tion", ((

'sections "sub-section" and "sub- sections", respectively;

and the marginal notes indicate the principal Ordinance affected by the suctions to which they relate.

3. In all editions of the Laws of Hongkong hereafter to be printed the provisions of the Or- dinances which are hereby repealed shall be omitted, and the provisions which are hereby amended shall be printed as so amended, and the said Ordinances shall be construed and en- forced accordingly.

4. This Ordinance shall come into force by Proclamation of the Governor, which shall not be issued until after the Legislative Council has authorised the use of the New Edition of the Laws of Hongkong now in course of preparation.

5. The following amendments are made in No. 36 of 1902 amending No. 1 of 1844 (Land Registration) -

www.

ss. 2 and 5 are repealed ;

in s. 3, for "the schedule hereto" there

shall be read "the 2nd schedule"; ss. 3 and 4 shall be read as one section, which shall stand in lieu of s. 26 of No. 1 of 1844 which is repealed ; in the schedule, the words "List No. 2" and "(in accordance with the re- quirements of Ordinance No. 3 of 1844)" are repealed;

and in item 13, after the words "other document" there shall be inserted, "issued from the Land Office".

6. In order to incorporate No. 7 of 1905 and No. 1 of 1906 with No. 1 of 1845 (Summary Offences) :-

ss. 3 and 4 of No. 7 of 1905 shall be sub-ss. of a new section, numbered 11a, of No. 1 of 1845, and shall be numbered (1)" and "(2)" respect- ively, and in (2)" for the words "of the last preceding section" there shall be read "of this section"; and s. 2 of No 7 of 1905, as repealed and replaced by s. 2 of No. 1 of 1906, shall be sub-s. (3) of s. 11ɑ afore- said, in which the following words are repealed:-"For the purposes of sections 3 and 4 of this Ordinance. the expressions", "be deemed to", "and extend to ". in the Colony

7. In order to incorporate No. 21 of 1902 and No. 8 of 1911 with No. 1 of 1860 (Pawn- brokers) :-

s. 3 of No. 21 of 1902 shall be sub-s. (3)

of s. 4; and ss. 4 and 5, as amended

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

by No. 8 of 1911, shall be one section which shall stand in lieu of s. 8 of No. 1 of 1860;

and the first paragraph of the said s. 5 shall read as follows:-

бы

Every lender shall expose in a conspicuous place in his shop a list to be furnished by the Registrar General, of the rates chargeable by this section, in English and Chinese.'

8. In order to incorporate No. 7 of 1909 with No. 5 of No. 5 of 1865 (Larceny) :-

ss. 2 and 3 of No. 7 of 1909 are repealed;

and

s. 4 of No. 7 of 1909, as amended by No. 24 of 1911, shall be read and num- bered as s. 62 of No. 5 of 1865, and 8. 63 of that Ordinance is re- pealed; and references in any enact- ment to ss. 62 and 63, or to either of them, shall be construed as references to s. 62, as herein ordered to be printed.

1865.

6 of 1865.

9. Iu ss. 24 and 26 of N. 5 of 1865, and Nos. 5 and in s. 21 of No. 6 of 1865, the value of the prop- erty or of the injury therein specified as of "24 cents" shall be altered to 25 cents". and the said sections are amended accordingly.

;

1866.

10. The following amendments are made in No. 2 of No. 2 of 1866 and the other Hongkong and Shanghai Bank Ordinances :-

(i.) No. 5 of 1887, with No. 18 of 1901 and No. 5 of 1900, are repealed.

(.) In No. 1 of 1899,

in s. 3, for "the principal Ordin- ance" there shall be read "Ordinance No. 2 of 1866".

(i.) In No. 6 of 1907,

the preamble is repealed;

8. 2 shall be numbered s. 22, and shall stand in lieu of s. 22 of No. 2 of 1866, in which the following the words are repealed :-" in s. 22 of the Principal Ordinance", "there- in mentioned", "of the company after "shareholders", "of Principal Ordinance before "no- thing herein ", "of the company after "and notes";

the

in s. 3, the words "as hereby amended" are repealed;

in s. 4, the words "and including the" twice, "existing or future "or may hereafter establish", are repealed.

1869 and

11. In No. 1 of 1869 (Promissory Oaths): No. 1 of

ss. 10 and 12 are repealed and are re- No. 44 of

enacted as ss. 9 and 10 respectively 1902.

of the Naturalization Ordinance, No. 44 of 1902, and the existing s. 10 of that Ordinance is repealed.

527

528

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 1 of 1870.

No. 1 of 1871.

No. 1 of 1872.

No. I of 1875.

No 5 of 1875.

12. The following provision is made with re- gard to No. 1 of 1870 and the other Tung Wa Hospital Ordinances :-

No. 1 of 1900 and No. 9 of 1904 shall be treated in all respects as if they were part of and incorporated in No. 1 of 1870, and all words used therein, as well as in No. 38 of 1911, shall have the same meaning as such words have when used in No. 1 of 1870.

13-(1.) In order to incorporate No. 3 of 1902 with No. 1 of 1871 (Legal Practitioners), s. 2 of the former shall be a new paragraph to s. 21 of the latter Ordinance, in which for "section 5 of Ordinance No. 3 of 1871" there shall be read "section 21", and the words from "to amend" to "Scotland are repealed.

(2) Ins. 27 of No. 1 of 1871, instead of the words "shall be liable for every such offence to forfeit to the Crown a penalty not exceeding two hundred dollars", there shall be read the following:-

"shall be liable for every such offence to forfeit a penalty of 200 dollars; Provided that no proceedings for the recovery thereof shall be instituted without the consent of the Attorney General".

14. No. 1 of 1872 (Foreign Offenders Deten- tion), being no longer applicable to Japan, the words "and Japan" in the preamble, and "or Japan" in ss. 3 and 5 respectively, are repealed.

15.-(1.) Whereas no powers of arrest have by any of the Ordinances relating thereto been given to the police force employed in the Royal Naval Establishments, and it is expedient that such powers be conferred upon the members thereof, the following is substituted for s. 2 of No. 1 of 1875:

The police force employed in the Royal Naval Establishments shall within the aid Establishments have all the powers, protection, and pri- vileges of officers of police of cor- responding rank, and the Com- modore or officer in charge of the Royal Naval Establishments on shore may make rules and regula- tions for the government of the said force."

(2.) All arrests heretofore made by any mem- ber of the said force, and all proceedings had and taken thereunder are hereby declared to have been as legal as if the above provision had been contained in the Ordinances by which the said force has been constituted and governed.

16. No. 5 of 1875 (Oral Examination of Prisoners), being in conflict with No. 16 of 1906, is repealed, and also ss. 34 and 35 of No. 2 of 1889, and s. 97 and form No. 71 in the schedule of No. 3 of 1890.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

17. The rate of interest which by No. 6 of No. 6 of 1875 the Court may award on sums recovered by 1875. the Crown under that Ordinance shall be 8 in- stead of 12 per cent. per annum, as therein pro- vided; and s. 7 is amended accordingly.

1875.

18.-(1.) In order to incorporate No. 15 of No. 7 of 1902 with No. 7 of 1875 (Marriage), s. 4 of the former shall be a new paragraph to s. 25 of the latter Ordinance.

(2.) In s. 5 of No. 15 of 1902, the proviso is repealed, and in lieu thereof there shall be intro- duced into s. 35 of No. 7 of 1875 the following:- Provided always that it shall be lawful

for the Governor-in-Council to make such alterations therein as shall be deemed advisable."

1882.

19. The title of No. 1 of 1882 shall be--" To No. 1 of make provision with respect to the Banishent of Undesirable Aliens, and Conditional Pardon of certain Persons: and the short title shall be "The Banishment of Undesirable Aliens and Conditional Pardons Ordinance, 1882".

1883.

20. The tramways numbered 1 to 5 referred No. 2 of to in No. 2 of 1883 (Peak Tramway), having been abandoned, the following amendments are made in the said Ordinance :

(i) The title shall read as follows-

For authorising the construction of the

Peak Tramway";

and the short title shall be-

"The Peak Tramway Ordinance, 1883 ". Throughout, for "Tramway No. 6" there shall be read "the tramway"; for "tramways there shall be read "tramway"; for "any train- "there shall be read the tramway"; and the word "said" before "tramway" is repealed; and the necessary grammatical changes are hereby authorised to be made.

way

(.) In s. 2, the first nine definitions are repealed; and the following new definition is introduced-

"The company

means the persons to whom the promoters of the under- taking have assigned, with the assent of the Governor-in-Council, the rights and privileges in connection with the construction of the tramway. (iii) The following sections are declared to come within the scope of the repeal effected by s. 2 of No. 9 of 1902 :-

ss. 5 (2) paragraphs (a) to (e), 11, 36, 43 (2), 53 (1) and (2), 58; and in s. 42 (1) (e) the words from "as re- gards Tramways" to "Nos. 5" and the proviso, are repealed.

The 1st schedule, and in the 2nd sche- dule the items numbered (1) and (2), and the 4th and 5th schedules are repealed.

(iv.) The following sections are repealed

ss. 3, 4, 6, 7, 10, 13 to 20, 22, 23, 26 to

529

530

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 3 and 4 of 1884.

No. 1 of 1885.

32, 40, 41, 44, 50, 53 (3), 55 to 57,

64 to 125, 130, 132 to 134. ·

(v.) In the 3rd schedule, the following are

repealed-

in the tariff headed Animals "

items (1) and (2), and in item (3)

the words "calf, pig, or other and the heading "Animals" ;

the tariff headed "Goods and Minerals "; in the tariff headed "Small parcels ", the

proviso ;

and in the "Regulations as to Tolls" all and the

except paragraph

paragraph (3), and

heading.

(v.) So much of the schedules as is not repealed shall form one schedule headed "Table of Tolls". in which item (3) of the 2nd schedule shall be item (1); item (3) under the heading "Animals' in the 3rd schedule shall be item (2); the tariff for Small parcels" in the 2nd schedule shall be item (3), together with the 3rd paragraph of the "Regulations as to Tolls" in that schedule, in which the words and figure "3.-In respect to all articles, except stone and timber" repealed.

are

(rii.) All the remaining sections shall be num- bered consecutively from 1 to 37 ;

except that ss. 48 and 49 shall form one section to be numbered s. 21, in which after the word "notice" there shall be inserted a comma, and the words and shall" shall be sub- stituted for "The Governor-in-Council shall " and for the words "for such user as aforesaid there shall be read "therefor"; and s. 61a, introduced by No. 14 of 1909, shall be num-

bered s. 28.

(viïï.) No. 9 of 1902 is repealed.

21. Nos. 3 and 4 of 1884 having served their purpose, and the wharves and piers authorised to be constructed by them having become the property of the Government, the said Ordinances are repealed.

22. Whereas it is expedient to clear up certain doubts as to the meaning of some of the provi- sions of No. 1 of 1885 (Unclaimed Balances), the following amendments are made therein:--

(i) In s. 4-

instead of the words from "if no claimant

appears to "revenue of this Co- lony" there shall be read :-

"if no claim is made within 5 years from the date of the decease of the intestate, the funds remaining from the estate of such person will be transferred to the revenue of this Colony subject to the provisions of this Ordinance".

(il.) In s. 5-

instead of "appropriated for the general purposes of the Colony ", there shall be read:-

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

transferred to the general re-

venue subject to the provi- sions of this Ordinance as to refund if claimed after such transfer ";

instead of for claims to such balance of

such estate" there shall be read:-

as required by the last section ";

and instead of "against such balance.

there shall be read:-

(iii.) In s. 7-

against the estate".

instead of "subject to refund as hereinafter

provided" there shall be read:--

"subject to the provisions of this Ordinance as to refund if claimed after such transfer ".

(iv.) In s. 8-

instead of "paid into the Colonial Trea-

sury there shall be read:--

"transferred into the general re-

venue";

and instead of the words from "and the

Colonial Treasurer" to the end, there shall be read:-

"which shall be served on the

(v.) in s. 9-

Treasurer, who shall comply therewith"

instead of "to the petitioner" there shall

be read :--

"to such person as is mentioned

in the order ".

23. The loan authorised to be raised by No. No. 6 of 6 of 1886 having been repaid, the Ordinance is 1886. repealed.

1887.

24. Whereas it is expedient that the panel of No. 6 of special jurors should be formed of the same number in criminal as in civil cases, s. 11 of No. 6 of 1887 (Jury) is amended as follows:- instead of the words "with this exception the end, there shall be read "but the number to be drawn shall in all cases be seventeen".

25. The sale of property authorised by No. 7 No. 7 of of 1887 (Rhenish Missionary Society, Sale of 1887. Property, Ordinance, 1887) having been com- pleted, and the proceeds, after being held by Ferdinand Wilhelm Districh and Emmanuel Genahr therein referred to as trustees for the Khenish Missionary Society, and by others the trustees succeeding them, and being now held in trust for the said Society, the object of the said Ordinance is exhausted, and the said Or- dinance is repealed; Provided that the existence of the said trust shall in nowise be affected by this section.

1888.

26.-(1.) In order to incorporate No. 12 of No. 3 of 1906 with No. 3 of 1888 (Regulation of Chinese) :-

531

532

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 1 of 1889.

No. 2 of 1889.

(i.) No. 12 of 1906 and s. 7 (2) of No. 3 of 1888 are repealed and the provisions thereof are re-enacted and embodied in three sub-ss. of s. 7 of No. 3 of 1888, which shall read and be re- numbered as follows:-

"(2.) The Governor-in-Council may by order extend the provisions of this Part to any part of the Colony, and such part shall thereupon constitute a district for the purposes of regis- tration.

(3.) The Governor-in-Council may alter any district or the boundaries thereof. (4.) The boundaries of every district shall be set out in a map to be kept at the Office of the Registrar General, a duplicate of which shall be kept at the Office of the Director of Public Works."

(2.) In s. 12 of No. 3 of 1888, instead of the words "two sureties ", there shall be read "one surety".

(3.) ss. 28 (1) and 28 (2) of No. 3 of 1888, shall be renumbered as sub-ss. (4) and (5) respectively of s. 27; and the following shall stand as s. 28 :--

"All the provisions of ss. 22 to 27 shall apply not only to the places therein specified respectively, but also to such other places or districts as may be specified in regulations made by the Governor-in-Council."

4.) s. 53 is repealed and replaced by the following:-

"53. Every person convicted

of an

offence against this Ordinance for which no penalty is specially pro- vided shall be liable for a first offence to imprisonment for any term not exceeding one month, and to a fine not exceeding 50 dollars; and for a second or subsequent offence to imprisonment for any term not exceeding 2 months, and to a fine not exceeding 100 dollars.'

27. There being no longer any Chinese emi- gration to South Africa, No. 13 of 1904, and s. 3 of No. 4 of 1908 amending No. 1 of 1889 (Chi- nese Emigration), are repealed.

28. In order to bring the provisions of s. 110 of No. 1 of 1889 (Chinese Emigration) into uniformity with the existing law as to flogging, instead of the provision that the offender if a male may "be one, twice, or thrice whipped" there. shall be read the words "shall be flogged ".

29. The following amendments are made in No. 2 of 1889 (Evidence), as amended by No. 2 of 1908:

(i.) ss. 2, 3 and 4 of No. 2 of 1908 shall be read as one section, to be numbered s. 23a, of No. 2 of 1889, of which s. 2 (1) of No. 2 of

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

1908 shall be sub-s. (1), and s. 2 (2) shall be sub-s. (2), and s. 3 shall be sub-s. (3), in which the words "In this section " shall be substituted for "In this Ordinance", and the definition of "British possession" is repealed; and s. 4 shall be sub-s. (4).

(i.) And whereas it is expedient that the provisions of s. 23 of No. 2 of 1889 relating to the dominions should be uniform with those of s. 23a aforesaid :-

in s. 23 of No. 2 of 1889, instead of "other British Colony" or "British Colony" wherever they occur, there shall be read "British possession ";

and in s. 26 (2) of No. 2 of 1889, instead of "any country, colony, or depend- ency in Her Majesty's dominions there shall be read "any

any British

possession ".

30. In order to incorporate No. 17 of 1909 No. 4 of with No. 4 of 1889 (Stonecutters Island):

ss. 3, 4, and 5 of No. 17 of 1909, shall form one section, numbered s. 5, of No. 4 of 1889, of which the said sections shall be sub-ss. (1), (2) and (3) respectively; in (2) for "anchors" there shall be read "so anchors", and the words "contrary to the provisions of section 3 of this Ordinance" are repealed; and in (3) for "For the purposes of this Ordinance there shall be read "In this section"; and s. 5 of No. 4 of 1889 shall be renum- bered s. 6.

1889.

1890.

31. The following amendments are made in No. 3 of No. 3 of 1890 (Magistrates) and the Ordinances amending the same:-

(1.) ss. 36 and 37 of No. 2 of 1889 having been repealed by the Law Revision Ordinance, 1911, in order to avoid a repetition of the same provisions in that Ordinance and in No. 3 of 1890, the following amendments are made in s. 73 of No. 3 of 1890:-

(a.) in sub-s. (1),

the words from "if desired" to "and shall" are repealed, and for "say

say to him" there shall be read say to the accused".

(2.)-(i.) Sub-s. (2) shall end at the words promise or threat "; after which the following shall be inserted as sub-s. (3)

(3.) Any statement which purports to have been taken down and signed as provided in sub-section (2) shall be admissible in evidence against the ac- cused 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 sigu the same ;

533

534

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and the remainder of sub-s. (2) commencing with

the word "Provided" shall be sub-s. (4).

(ii) Iu s. 57-

(a.) the following words are repealed:-

4 Under this Ordinance or under

any other past or future Or- dinance or statute", 66 not- withstanding any enactment to the contrary in any past Ordinance or statute";

(b.) the following words shall be intro- duced at the commencement of the section:-

"Unless in any Ordinance it is

otherwise provided";

(c.) after the word "imprisonment" there

shall be inserted-

"with or without hard labour";

(d) after the word "conviction" there

shall be inserted the following:-

"whether it be a fine or in respect of the property the subject of the offence, or in respect of the injury done by the of- fender";

(e.) at the end of sub-s. (1) the following

paragraph shall be inserted :-

"Where the fine or other sum adjudged to be paid is im- posed by a sentence in addition to a term of imprisonment, the imprisonment imposed under this section or any other Ordinance, shall com- mence from the expiration of the term of imprisonment im- posed by the sentence".

(f.) sub-s. (2) and the figure "(1)" are

repealed.

(3.) Whereas it is expedient that No. 19 of 1903 and No. 28 of 1910 should be combined into one section and introduced into No. 3 of 1890; the following amendments are made:---

s. 2 of No. 19 of 1903, as amended by No. 28 of 1910, shall be s. 936 of No. 3 of 1890, with the following modifications:-

(a.) in sub-s. (1) the words from "or in default" to "three months are repealed;

(b.) in sub-s. (3) the words "and to appoint any fit person or persons to execute the same are repealed;

(c.) sub-s. (4) is repealed;

(d.) the second proviso to sub-s. (5) shall be sub-s. (4) of s. 936, with the words "Provided also that" omitted;

(e.) the first proviso to sub-s. (5) shall be sub-s. (5) of s. 936, with the words. "Provided always that" omitted;

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

(f) the remainder of sub-s. (5) of No. 28

of 1910 shall be introduced as sub-s.

(9) of s. 47 of No. 3 of 1890, in which for the words "shall be made" there shall be read "is made".

(y.) s. 3 of No. 19 of 1903 shall be sub-s.

(6) of §. 93b.

(h.) the remainders of No. 19 of 1903 and No. 28 of 1910 are repealed.

4.)~(i.) s. 3 of No. 2 of 1906 shall be added as sub-s. (2) to s. 80 of No. 3 of 1890, but in- stead of the words from "Notwithstanding" to "that section", there shall be read-

"(2.) A Magistrate may nevertheless deal summarily under this section ". (ii.) Sub-ss. (2), (3) and (4) of s. Sú of No. 3 of 1890, shall be renumbered (3), (4) and (5), respectively.

(iii) s. 4 of No. 2 of 1906 is repealed, its pro- visions having been inserted in s. 37 of No. 1 of 1845.

(5.)-(i.) s. 5 of No. 1 of 1909 shall be s. 87 of No. 3 of 1890, which section was repealed by No. 1 of 1909.

(i.) sub-s. (2) of s. 11 of No. 1 of 1909 shall be s. 93a of No. 3 of 1899), and sub-s. (1) is repealed.

(6.) The following amendments are introduced into s. 106 of No. 3 of 1890 in order to simplify the practice :-

(i) in sub-s. (1) instead of the words from "The appellant" to "recognizance" there shall be read:---

"Within three weeks from the making of an application under section 98 or section 103, the appellant shall enter into a recognizance":

(.) The following shall stand as sub-s. (3)

"(3.) The appellant shall not be entitled to have the case or certificate deli- vered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemned to be abandoned."

(in.) sub-ss. (3) and (4) shall be renumbered (4) and (5) respectively, in the former of which the word " moreover is repealed.

(v.) The following shall stand as sub-s. (6) :

(6.) This section shall not apply to appeals where the application is made by or under the direction of the Attorney General."

32. In order to incorporate No. 6 of 1902 No. 7 of with No. 7 of 1891 (Bankruptcy)

-་

In s. 3 of No. 6 of 1902, the first paragraph and paragraphs (a) and (6) are repealed; para- graph (c), together with the last paragraph, shall be sub-s. (3) of s. 3 of No. 7 of 1891, which shall commence with the words "The word 'debtor' in this section includes "; and the words "by the principal Ordinance" are repealed.

1891.

535

536

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 2 of 1892.

No. 1 of 1893.

No. 2 of 1893.

No. 5 of 1893.

No. 1 of 1995.

33. In order to incorporate No. 22 of 1909 with No. 2 of 1892 (Patents) :-

(i.) ss. 12 and 13 introduced into No. 2 of 1892 by s. 8 of No. 22 of 1909, shall form one section, numbered s. 11, aud shall be sub-ss. (1) and (2) thereof respectively; and in sub-s. (2) the words "last mentioned" and "shall also be accompanied by " are repealed.

(.) The original s. 11 of No. 2 of 1892, shall be renumbered s. 12, of which sub-s. (2) is repealed; sub-s. (3) shall become sub-s. (2), in which the words "altered" and "or revoked are repealed; and instead of the words "the fees under" there shall be read "the fees payable under".

34. In order to incorporate No. 12 of 1905 with No. 1 of 1893 (General Loan and Inscribed Stock) :-

(i.) s. 3 of No. 1 of 1893 shall be numbered as sub-s. (1) of the said s. 3, and s. 2 of No. 12 of 1905 shall be sub-s. (2) of the said s. 3, in which the words "of this section " shall be read in lieu of the words "of s. 3 of the Principal Ordinance".

(ii) ss. 3 and 4 of No. 12 of 1905 are repealed.

35. The loan authorised to be raised by No. 2 of 1893 having been repaid, the Ordinance is repealed.

36. In order to incorporate No. 25 of 1909 with No. 5 of 1893 (Dogs) :-

***

(i.) In s. 2 of No. 25 of 1909 instead of the words "the Principal Ordinance" there shall be read "the Principal Ordinance as amended by No. 35 of 1902"; and instead of the words "one dollar and a half" there shall be read "three dollars"; and the words "to be published in the Gazette are repealed.

(i.) ss. 3 and 4 of No. 25 of 1909 shall form sub-ss. (1) and (2) respectively of one section, numbered 8. 5 of No. 5 of 1893, with the follow- ing amendments:-after the words "any person there shall be inserted and may at any time revoke"; instead of the words from "Dogs Home" to "of Police" at the end of s. 3, there shall be read "Dogs Home, which shall be subject to the regulations made under s. 6"; and instead of the provisions of sections 3 and 4 of the Prin- eipal Ordinance" there shall be read "sections 3 and 4"; and the words from " kept under" to "of Police" at the end of s. 4 are repealed.

37. In order to simplify the language the following amendments are made in No. 1 of 1895, as amended by No. 3 of 1911 (Sketching of Defences):-

(.) The following shall be s. 1a:-

"In this Ordinance, 'sketch' includes any sketch, drawing, photograph, picture or painting; and battery' includes any battery, field-work, or fortifica- tion, or any portion thercof, within the Colony or the waters thereof."

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

(i.) The following words are repealed:-

in s. 2 (1), "drawing, photograph, pic- ture, or painting", and from "field-

work to "thereof"; "having pre- viously been obtained ".

in s. 2 (2),

drawings, photographs, pictures or paintings

or paintings" wherever they

occur.

in ss. 4 and 4a, "field-work, or fortifica- tion in this Colony", "against this Ordinance", and from "The burden' to the end.

in ss. 3 and 5, "drawings, photographs,

pictures and paintings".

in s. 7, "affirmation or declaration", "drawing, photograph, picture or painting "drawing, photograph, picture or painting as aforesaid in s. 8 (1), "having previously obtained". (in.) The following amendments are made :-- in s. 3, for "and all" there shall be read

"and further, all".

in s. 7, for "into any such house, shop, room or other place" there shall be read, "the same "; and for "in such house, shop, room, or other place there shall be read "therein ".

in s. 8, for "imposed by the Governor

there shall be read "aforesaid ".

38. In s. 3 of No. 7 of 1895 (British Dollar), No. 7of instead of the words "It is hereby declared 1896. illegal", there shall read-" It is hereby declared a misdemeanor".

39. In order to make the numbering of the No. 3 of sections of No. 3 of 1896 (Factors) correspond 1896. with those of the English Factors Act, 1889, ss. 2 to 14 shall be renumbered from 1 to 13 respectively, and s. 1 shall be renumbered s. 14; and in s. 2 (now s. 1) the definition of "person is repealed.

40. In order to make the numbering of the No. 4 of sections of No. 4 of 1896 (Sale of Goods) cor- 1896. respond as nearly as possible with those of the English Sale of Goods Act, 1893, the following amendments are made:-

(.) ss. 3 to 40 are renumbered ss. 1 to 38

respectively.

s. 41 (1) is renumbered s. 39.

s. 41 (2),,

8. 40.

89. 42 to 58 are renumbered ss. 41 to 57

respectively.

s. 59 (1) is renumbered s. 58.

s. 59 (2)",

8. 59.

s. 61.

8. 1

s. 62.

537

(i.) In s. 21 (2) instead of the words "the provision of any Acts or Ordinances relating to factors which may from time to time be in force in this Colony" there shall be read "the provi- sions of the Factors Ordinance, 1896".

538

THE HONGKong GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 1 of 1897.

(iii) s. 25 (3) shall read as follows:-

"In this section the term 'mercantile agent' has the same meaning as in the Factors Ordinance, 1896 ".

(iv.) In s. 61 the words "within the meaning of this Ordinance" are repealed wherever they they occur.

(c.) Such minor alterations in the grammar of the remaining sections as are necessary to make the Ordinance as nearly uniform as possible with the English Sale of Goods Act, 1893, age hereby authorised to be made.

41. In order to make the numbering of the sections of No. 1 of 1897 (Partnership) cor- respond with those of the English Partnership Act, 1890, the following alterations are made:- ss. 3 to 46 are renumbered ss. 1 to 44

respectively.

2 is renumbered s. 45.

s. 47

S. 1

s. 46.

s. 47.

No. 4 of 1897. No. 1 of 1894.

No. 7 of 1897.

42. The following amendments are made in No. 4 of 1897 (Protection of Women and Girls), and in the Ordinances amending the same; and also in No. 1 of 1894 :-

(i.) s. 4 of No. 6 of 1905 (as amended by No. 34 of 1909) shall be sub-s. (3) of s. 7 of No. 4 of 1897, in which the words "of the prin- cipal Ordinance" are repealed, and for this section" twice there shall be read "this sub- section".

(ii) s. 2 of No. 1 of 1894 shall be s. 12a of No. 4 of 1897, and sub-s. (4) thereof is repealed ; in sub-s. (1) the words "a Magistrate shall have and exercise summary jurisdiction in respect thereof, and" are repealed; and in sub-s.(2) for the words "by the order" there shall be read

thereby ".

(ii) the sub-section introduced into s. 13 of No. 4 of 1897 by s. 2 of No. 11 of 1904ps

shall be sub-s. (2) of the said s. 13.

(in.) in s. 14 of No. 4 of 1897 for "the last preceding section" there shall be read "the last two sections".

(v.) in s. 15, for "section 13" there shall be read "sections 12 or 13".

(vi.) s. 4 of No. 34 of 1909 shall be sub-s. (3) of s. 21 of No. 4 of 1897, in which the words

of the principal Ordinance" are repealed.

(vii.) s. 32 of No. 4 of 1897, as repealed and replaced by No. 15 of 1910, shall be included in Part II of the said Ordinance headed "Powers of Registrar General ".

43. Whereas the rights granted to the Hong- kong and Kowloon Wharf and Godown Company by No. 7 of 1897 have expired and the Ordin- ance has not been renewed,

the said Ordinance is repealed.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

44. In order to incorporate No. 5 of 1904 with No. 9 of No. 9 of 1899 (Criminal Procedure) :

(i.) s. 2 of No. 5 of 1904 shall be sub-s. (2) of s. 17 of No. 9 of 1899, and that section shall be numbered sub-s. (1).

(ii) The forms A and B in the schedule to No. 5 of 1904 shall be included in the schedule to Ne. 9 of 1899, and shall be numbered forms Nos. 1 and 2 respectively; and the forms in the schedule to No. 9 of 1899, shall be re-numbered 3, 4 and 5 respectively.

1399.

45. In s. 19 of No. 2 of 1900 (Arms and No. 2 of Ammunition) instead of the words "in the En- 1900. glish or Chinese language" there shall be read "in English and Chinese ".

1900.

46. Whereas it is expedient to extend the No. 7 of provisions of No. 7 of 1900 (Precautions against Piracy) to motor boats:-

(i.) Throughout the said Ordinance the word "steam" before "launch" is repealed.

(.) In s. 2 in the definition of "launch" there shall be added the following:-

"and includes a motor boat as defined by s. 2 of the Merchant Shipping Or- dinance, 1899 ".

1900.

47. Whereas it is expedient more clearly to No. 11 of define the powers of arrest of officers of police:- In s. 28 (1) of No. 11 of 1900 for the words "any felony or misdemeanor" there shall be read "any offence"; and in s. 28 (2) for the words "in case of a misdemeanor" there shall be read

offence which is not a misdemeanor ".

"any

1901.

48. In s. 4 of No. 2 of 1901 (Law Amend. No. 2 of ment) the words "who may die after the com- mencement of this Ordinance and" are repealed.

1901.

49. In s. 11 and s. 13 (1) (g) of No. 14 of No. 14 of 1901 (Gunpowder and Fireworks), instead of the words "in English or other European language or Chinese" there shall be read "in English or other European language and Chinese ".

No. 15 of

50.-(1.) In order to incorporate No. 11 of 1902, as amended by No. 12 of 1903, and No. 41 1901. of 1909 with No. 15 of 1901 (Foreshore) :-

sub-s. 1 of No. 11 of 1902 having been repealed by No. 12 of 1903, the remainder of that section shall be read as s. 5 of No. 15 of 1901, in which the words and figures "of the Fore- shores and Sea Bed Ordinance, 1901", "(2)", and "as amended by No. 17 of 1900" are repealed.

(2.) s. 3 of No. 41 of 1909 shall be read as an additional paragraph to s. 3 of No. 15 of 1901, in which instead of the words "of section 2 of the Foreshores and Sea Bed Ordinance, 1901 there shall be read "this section", and instead of "the said Ordinance" there shall be read "this Ordinance"; and s. 2 of No. 41 of 1909 is repealed.

539

540

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 16 of 1901.

No. 10 of 1902.

No. 45 of 1902.

No. 1 of 1903.

51. The following amendments are made in the schedule to No. 16 of 1901 (Stamps) as amended by No. 38 of 1902 and No. 34 of 1911:-

(i.) in order to incorporate s. 5 of No. 44 of

1909 with art. 21 in schedule of No. 16 of 1901 (as amended by No. 38 of 1902) the definition "marketable security therein contained shall be added as sub- s. (3) to the said art. 21 as amended by s. 4 of No. 44 of 1909.

(i.) in art. 41, this words "

up to $1,000- 10 cents, over $1,000-20 cents. are repealed; and the words from "where the amount insured" to "25 cents", shall be bracketed so as to indicate the stamp duty payable on both items (c) and (d)

of art. 41.

(i.) the art. 52 "Share Warrant" introduced. by No. 34 of 1911 shall be re-numbered art. 48a.

(v.) in the 2nd Schedule, after "48

shall be inserted 48a".

there

52. The following amendments are made in No. 10 of 1902 (Tramways):

(i.) in s. 36, the following shall be read in

lieu of the last paragraph:-

"Rules made by the Governor-in- Council or by the Company shall come into force one month after their publication in the Gazette." (ii) in s. 58, the three paragraphs beginning

"interferes", "places", and "does shall be lettered (a), (b), (c) respectively, and at the end of the first two para- graphs there shall be inserted the word "or"; and the word "knowingly" shall commence a new paragraph, lettered (d). (iii.) ss. 63 to 69 are repealed.

53. In No. 45 of 1902 (Employers and Servants), s. 1 is repealed, and 8. 27 shall in lieu thereof be read as s. 1.

54.-(1.) The following amendments are made in Ordinance No. 1 of 1903 (Public Health and Buildings):-

(i.) The following sections are repealed:-

ss. 3, 6 items (35), (36), (40), (41),

(63), 20, and 260.

(i.) In the following sections and schedules the word "unleased" is inserted before the words "Crown land":-

ss. 4, 6 item (60) twice, 91b (1), 133

twice, 134, 139;

schedules, E twice, F twice, G arts. 11

and 13, H in the "undertaking ", J twice, M art. 17.

(in.) In the following sections for the words "sold by the Crown" or "obtained from the Crown respectively there shall be read "leased from the Crown":- ss. 6 (10), 179, 180, 188 (3), 188 (4)

•

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

(iv.) In s. 6 (60) after the words "divided ownership" there shall be read "of leased land".

In s. 167 after the word "locality

there shall be inserted "6

upon un- leased Crown land", and the words "(upon Crown land) are repealed. In s. 181 (2) for the words "the pro- perty of the Crown" there shall be read" on land leased from the Crown". In s. 211 for the words "land the pro- perty of the Crown" there shall be read "land not under lease from the Crown".

In s. 219 for the words "on Crown land or upon land held under lease from the Crown" there shall be read "on leased or unleased Crown land". In schedule J, art. 1, for the words "the property of the Crown" there shall be read "not under lease from the Crown".

(v.) The following new definitions are in-

troduced into s. 6:-

"154. Colonial Veterinary Surgeon' includes any veterinary surgeon or medical practitioner authorised by the Governor to perform the duties of the Colonial Veterinary Surgeon under this Ordinance."

"21a.Department' means the Sa-

nitary Department."

"48a. President' means the Presi-

dent of the Sanitary Board."

(v.) The following amendments are made

in s. 6:-

in item (17) for the words from and unless" to "equal to there shall be read "and having a glazed area equal to":

in item (39) the words from "save and except" to "Public Works" where they secondly occur are repealed; in item (47) for the words "and an association" there shall be read "a partnership, and an association of persons unincorporated";

in item (52) for the words "means the.

Secretary of the Sanitary Board" there shall be read "and 'assistant secretary' means the secretary and assistant secretary of the Sanitary Board respectively ";

in item (59) after the word "launch" there shall be inserted "motor-boat".

(vii.) In s. 11 for the words "until he shall be able" there shall be read "until he shall return or be able".

In s. 16 (9) for the words "in private" there shall be read "in public or private";

541

542

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and in (10) for "domestic" there shall

be read "public or private "; and in (30) for "food and provisions" there shall be read "food, provisions or meat".

S. 17 shall read as follows:-

"All by-laws made by the Board shall be submitted to the Governor, and shall be subject to the approval of the Legislative Council; and, when so approved, they shall be published in the Gazette in English and Chin- ese."

In s. 18 after "servant" there shall be

inserted "of the Department".

In s. 19 for "who shall be " there shall

be read all of whom shall be ". In ss. 35 and 48 (2) for "during such contrary action "there shall be read "so long as such action continues". In s. 48:-

subs. (2) shall read as follows:--

(2) If it be proved that the said domestic building or any part thereof was overcrowded within 5 days prior to the issue of the summons the Magistrate may inflict a fine not ex- ceeding 25 dollars, and may further make an order for the abatement forthwith of such overcrowding"; and the proviso introduced by No. 23

of 1903, s. 14, is repealed.

In s. 56 the words from "all contracts"

to the end are repealed.

there

In s. 59, for "and may impose a penalty

not exceeding 50 dollars shall be read "and may further im- pose a fine on the person opening or keeping open the slaughter-house, not exceeding 50 dollars ".

(viii.) S. 78 shall be renumbered s. 68, and ss. 68 to 77 shall be renumbered ss. 69 to 78 respectively.

In 8. 68 (now 69) and in s. 69 (now 70) for "beef and mutton. "there shall be read "beef, mutton and pork". In s. 72 (now 73) for "by the Govern

ment" there shall be read "by the President ".

In s. 77 (now 78) after "Kowloon" there shall be inserted "or in New Kowloon ".

In s. 78 (now 68) for "beef and mut- ton there shall be read "beef, mut- ton or pork".

(ix.) In s. 83 after the word "officer" there shall be inserted "of the De- partment".

S. 107 shall be divided into four sub- sections, of which sub-s. (1) shall commence with the words "Open- ings may";

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

sub-s. (2) shall commence with the words "When it is desired", and after the words "lime-mortar" the words cement-mortar" shall be in- serted; for "therewith" there shall be read "with such party-wall"; and for secure there shall be read

66 ensure"

sub-s. (3) shall commence with the

words "Recesses may "; and sub-s. (4) shall commence with the

words" In the case of a shop"; and the following shall be added as sub-s. (5):-

"(5) Every opening and every re- cess in any wall shall either be arched over with brick or stone- work in cement-mortar or spanned by a steel girder or ferro concrete beam of such dimensions and con- struction as the Building Authority may consider necessary for the sup- port of the superincumbent weight." In s. 110, for "must" three times there

shall be read "shall ".

S. 111 shall be divided into two sub- sections of which sub-s. (1) shall commence with the words ground surface of every domestic building "; and

The

sub-s. (2) shall commence with the words" The ground surface of every

area

The following shall stand as s. 162a :--

"162a. Any water-closet or urinal which is in the opinion of the Board and of the Governor-in-Conncil in an unsanitary condition shall be re- moved by the owner when so required by the Board."

In s. 185 instead of the second paragraph the following shall be inserted as sub-s (2):-- "(2) In the event of the refusal of the Governor-in-Council to consent to the re-erection of any building to which this section applies compensa- tion shall be paid by the Government to the owner of such building; the amount of such compensation to be determined by arbitration as herein- after provided.";

and the first paragraph shall be sub-s. (1) In s. 192, the words from The Drainage By-laws" to the end are repealed, and in lieu thereof the following shall be inserted as sub-s. (2):--

"(2) Drainage regulations shall be

made by the Governor-in-Council, and shall be included in the schedules as schedule M ";

and the first paragraph shall be sub-s. (1)

543

544

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

In ss. 196 and 197 for "the villages and rural districts of Hongkong and Kowloon" there shall be read "places other than ur- ban districts in the Colony and New Kow- loon".

In s. 204, sub-s. (2) is repealed, and the

figure"(1)".

In s. 222 for the word "until" after "con- sent of the Building Authority there shall be read "and the following proce- dure shall be adopted ";

and the following shall be added as sub-s. (9):--

(9) In this section and in sections 223 to 227 "building" includes "works", "plan " includes " drawing,' and "build" includes "carry on works" and in es. 222 to 227 the words "or works

after "building" and "or drawings or "and drawings" after "plans", and "and drawing" or "or drawing" after "plan", are repealed wherever they occur. In s. 222 (1) para. (c) shall end with the words "with such plans", and the remainder shall form para. (/) which shall commence with the words "The Building Authority may also".

In s. 228 the proviso shall read as follows:- "Provided that if the traffic in a street is stopped or diverted, or a street is blocked up, notice to the public shall be given wherever practicable". S. 229 shall be divided into two sub-sections of which sub-s. (1) shall commence with the words "The following", and sub-s. (2) with the words "In respect of any in which the words "of this section are repealed and for "shall be used" there shall be read "are used".

S. 230 shall be divided into two sub-sections, of which sub-s. (1) shall commence with the words "The competent authority' and sub-s. (2) with the words " Whenever the existence

In s. 237 para. (12) shall be renumbered (11), and para. (1) shall be renumbered (12) ending with "thereto "; and the proviso to para. (11) shall be a separate paragraph applicable to the whole section, in which for the words " But the above" there shall be read "Provided always, that these ", and for "

and for "provisions of this Ordinance there shall be read "provi- sions thereof"; and the words "

pre- viously" and "date of the " are repealed. In s. 239, for the words "owner of a party wall or party structure there shall be read "owner of the party fence wall, the party wall or party structure, as the case may be "

be".

་་

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

In s. 240, the following is added as sub-s.

(13):-

(13) In Part IV "architect" means

"authorised architect" and "Part means "Part of this Ordinance"; and the words "authorised" before "architect or "architects" and "of this Ordinance " after "Part " are repealed wherever they respectively occur in Part IV.

In s. 242 (2) after the word "strengthen- ing" there shall be inserted "or that he requires such underpinning or strengthen- ing, then if such counter-notice is not acquiesced in",

and the words or require" after "ne- cessity of" are repealed.

In s. 244, there shall be a third sub-section commencing with the words "If at any time".

In s. 245 the words "or other person" are

repealed.

267 the section shall be sub-s. (1). and the paragraph introduced by No. 14 of 1908 s. 87 shall be sub-s. (2).

In s. 269 at the end there shall be insert- ed the words "unless it is expressly so enacted".

In lieu of s. 270 the following shall be

inserted :-

"270. The provisions of section 48 of the Interpretation Ordinance, 1911, shall apply to actions or prosecu- tions commenced against the Board or Building Authority or any per- son acting under their or his di- rection, or any member of the Board or officer of the Department or other person acting in his aid, for anything done or intended to be done or omitted to be done under the provi- sions of this Ordinance".

In the Schedules-

By-Laws-

Common Lodging House-in no. 9 for

66 "11 a.m.

there shall be read "11

p.m.

Domestic Cleanliness-in no. 5, after "division of Kowloon" twice there

shall be inserted "and New Kow-

loon"; and after buildings in

Kowloon" there shall be inserted

or New Kowloon ".

In the Note (or Notice) for "Kowloon is divided" there shall be read Kowloon, including New Kowloon,

is divided", and for "Kowloon" at the end there shall be read "New

Kowloon".

ན

Importation of Animals -in no.

after "Kowloon " there shall be in- serted "or New Kowloon ". Removal of Patients-in no. 1 the words "the Hygeia" are repealed.

•

纛

545

546

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 3 of 1904.

No. 11 of 1907.

No. 15 of 1907.

55. The following amendments are made in No. 3 of 1904 (Pilots):-

(i.) in s. 2 (1) instead of the words "Appli- cation should there shall be read "Any appli cation must ".

(ii.) in s. 5 (2), after the words "and shall" there shall be inserted "further ".

(iii.) in s. 5, instead of the words from "the pilot so offending" to the end there shall be read the following:

"he shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding one year, and to a fine not exceeding 500 dollars; the Harbour Master may further cancel or suspend his licence". (iv.) in s. 7, instead of the words "Provided always", there shall be read "Provided further",

(v.) in s. 10, instead of the words "incapacity in office", there shall be read "incapacity in performing the duties of his office".

56. The following amendments are made in No. 11 of 1907 (Life Insurance Companies):-

(i.) in s. 2, after the words "Life insurance company" there shall be inserted "(hereinafter referred to as 'company')"; and throughout instead of the words "life insurance company wherever they occur, there shall be read the word

company".

(.) in s. 3, the seven paragraphs of the section shall be numbered sub-ss. (1) to (7) respectively.

(i.) in s. 3 (4) instead of the words---

Every life insurance company liable to make a deposit under this section shall whenever and so long as the deposit of such company shall be less than two hundred thousand dollars".

there shall be read the following:

"In addition to the deposit mentioned in sub-ss. (1) and (2), every company liable to make a deposit under this section shall be required to make a further deposit up to 200,000 dollars, and until such further deposit is made it shall ".

(iv.) in s. 15 the paragraph numbered (1) and the figure "(2)" are repealed.

57. The title of No. 15 of 1907 shall be amended and shall read as follows:--.

"An Ordinance to prevent the publication in the Colony of matter calculated to disturb the peace of the Empire of China"

and the short title in s. 1 shall be amended and

shall read as follows:--

"The Chinese Publications (Prevention):

Ordinance, 1907 ".

سة

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

1908.

58. The following amendments are made in No. 15 of No. 15 of 1908 (Widows and Orphans) :-

(i.) The section introduced by No. 27 of 1911,

and numbered 31 shall be renumbered s. 32.

(i.) In s. 29, instead of the words "pension of 1,500 dollars or 225 pounds sterling" there shall be read the following:

"pension of, in the case of a dollar con

tributor, 1,500 dollars, or in the case of a sterling contributor, 225 pounds. sterling".

59. The short title in s. 1 of No. 6 of 1909 No. 6 of shall be amended and shall read as follows:-

"The Young Persons (Death Sentence)

Ordinance, 1909 ".

1909.

60. The following amendments are made in No. 21 of No. 21 of 1909 (Railways):

(i.) s. 3 is repealed.

(ii) in s. 48-

instead of "any dangerous article" where

it first occurs, there shall be read "any dangerous goods as defined by Ordinance No. 1 of 1873", and where it secondly occurs, there shall be read "any dangerous goods as defined by the said Ordinance after or parcel" three times there shall be inserted "vessel or package "; instead of "shall be of a dangerous nature" there shall be read "are such dangerous goods";

and instead of "articles of a dangerous nature", there shall be read "dan- gerous goods".

1909.

1910.

61. Whereas by s. 3 of No. 7 of 1911, ss. 3 No. 10 of and 4 of No. 10 of 1910 have been added to the Malicious Damage Ordinance, 1865, as s. 27a thereof, and s. 2 of No. 10 of 1910 has been re- pealed; and whereas it is expedient that so much as remains of the said Ordinance should be con- stituted into a separate Ordinance, the following amendments are made in No. 10 of 1910:-

(i.) The title shall be:-

"An Ordinance for preventing injuries toʻ trees upon Crown Land and to other Crown Property."

(.) s. 1 is repealed and replaced by the following:--

"This Ordinance may be cited as the Crown Land Preservation Ordinance, 1910."

(iii) s. 5 (as amended by No. 26 of 1910), and ss. 6 and 7 shall be renumbered ss. 2, 3 and 4 respectively.

(iv.) In s. 4 (as renumbered) the words "the Principal Ordinance or" are repealed.

547

548

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 34 of 1910.

(v.) s. 8 and so much as remains of the Or- dinance are repealed.

62. In s. 14 of No. 34 of 1910, after the words "declared to be" there shall be inserted the following:-"and to have been from the commencement of the New Territories (Land Court) Ordinance, 1900".

63. The names of the following persons who were naturalized prior to the passing of No. 9 of 1901, and who are now dead, are repealed from column I of the schedule thereto, together with the corresponding references in columns II and III :--

Fung Ming Shán. Wong She-tái. Shi Shang-kái.

Ün Man-ts'oi.

Chan Teng Cho.

Wong Shing.

Lau Sai alias Lau Wai Ch'iin. Ho Mui Sz alias Ho Lin Shing. Wong Chuk-yau alias Wong Mau alias

Wong Siin-in.

Lo Chung Pak alias Lo Yuen Poon alias

Lo Shau Ü.

Leung Luk alias Leung Cheung Soy. Un Chung Wo alias Ün Oi Ü alias Ün

Hi alias Un Kwok Hi.

Wong Shu Tung alias Wong Ka Yan

alias Wong Wing Kwan.

Mak Ngan Wan alias Mak Chiu K'i alias Mak Sui Nin alias Mak Yat Wo alias Mak Sun.

Hi Choo alias Hi Shun Ts'ün alias Hii Ping Fong alias Hü Nai Kwai. Wei Lun Shek alias Wei Chi alias Wei

Shiu Wing alias Wei Yaii Ying.

64. The following Naturalization Ordinances are repealed, and the names of the persons natu- ralized thereby are hereby added to the schedule. of No. 9 of 1901, in order that the rights acquired by such persons in virtue of the said Ordinances respectively may be preserved as provided by s. 2 of No. 9 of 1901 :---

No. 12 of 1901, for the naturalization of Lau Yat Ts'un alias Lau Ng, alias Lau Man Kwong, alias Lau Ng Wo, alias Lau Hok Wai.

No. 13 of 1901, for the naturalization of Siu Yun-fai, alias Siu Kwok- yeung, alias Siu Ku-ming, alias Sin Yin-p'ing.

No. 8 of 1902, for the naturalization of Chu

Ship Ch'un alias Chu Li,

alias Chu Man T'in, alias Chu K'au Mi.

رہا

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 13 of 1902, for the naturalization of Ho Ngok Lau, alias Ho Ngok,

alias Ho San Lam.

No. 17 of 1902, for the naturalization of Ka

Fai Shan, alias Ku Ting Kwong, alias Ku Pak Tai, alias Ku Ching Tsung, alias Ku Yuk Tsing.

No. 22 of 1902, for the naturalization of Choy Chung Ni, alias Choy Chung, alias Choy Mun Ku, alias Choy Kwong Yung.

No. 23 of 1902, for the naturalization of Choy Yee, alias Choy Man Loi, alias Choy Siu Kwai.

No. 24 of 1902, for the naturalization of Choy Kwai Ng, alias Choy Shing, alias Choy Man Chow, alias Choy Kwong Tak.

No. 25 of 1902, for the naturalization of Choy

Yan, alias Choy Mun Lau, alias Choy Kwong Sum, alias Choy Suk Wah.

No. 26 of 1902, for the naturalization of Siu Tit Shang, alias Sin Kit, alias Siu Sau Leung, alias Siu Yu Choi

No. 30 of 1902, for the naturalization of Leung Ngan Pan, otherwise known as Leung Wai Ching.

No. 31 of 1902, for the naturalization of Tsang Hon Cho, otherwise known as Tsang Ming Tsoi, other- wise known as Tsang Yiu Wing.

65. The following Ordinances which have effected their purpose and may be regarded as spent, or have become unnecessary, are repealed:-

No. 16 of 1902, to release certain premises si- tuate in Victoria in the Colony of Hongkong from a Settlement dated 31st March, 1884, and made be- tween Meyer Elias Sassoon of the one part and Fred- erick David Sassoon, Ed- ward Elias Sassoon and the said Meyer Elias Sassoon of the other part.

No. 7 of 1904, to regulate the Internment of

Refugees belonging to the Russian and Japanese For-

ces.

No. 13 of 1904, to amend the Chinese Emi-

gration Ordinance, 1889, (regulating emigration from Hongkong to South Afri- ca).

549

550

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

No. 11 of 1905, for raising the sum of

£2,000,000 by Loan for the purpose of defraying the cost of a Railway from Kowloon and for other Railway purposes.

No. 4 of 1907, to remove doubts as to the validity of the proceedings of the Supreme Court of this Colony during the time that Alfred Gascoyne Wise Esquire held the office of Puisne Judge of such Court from 25th June,

June, 1902, down to the present time.

No. 16 of 1908, to extend a certain definition

in the Imperial Act styled the Evidence (Colonial Sta- tutes) Act, 1907, (Revised Edition of the Laws).

66. The following Appropriation Ordinances

are repealed:

Ordinances Nos. 27 and 33 of 1902.

爷爷

Nos. 9 and 17 of 1903.

Nos. 6 and 12 of 1904.

Nos. 4 and 8 of 1905.

་་

Nos. 4 and 13 of 1906.

严重

Nos. 3 and 14 of 1907.

Nos. 11 and 17 of 1908.

Nos. 12 and 31 of 1999.

Nos. 19 and 30 of 1910.

Nos. 26 and of 1911.

67. The following Ordinances as numbered before the coming into force of the Statute Laws (Revised Edition) Ordinance, 1900, which have reased to be in force or have become unnecessary, are repealed :--

Ordinance No. 3 of 1876.

No. 6 of 1880.

No. 22 of 1886.

No. 23 of 1886.

No. 25 of 1886.

No. 12 of 1887.

No. 13 of 1887.

No. 25 of 1887.

No. 26 of 1887.

No. 18 of 1888.

No. 19 of 1888.

No. 24 of 1888.

No. 25 of 1888.

No. 26 of 1888.

No. 27 of 1889.

No. 28 of 1889.

No. 33 of 1889.

No. 34 of 1889.

No. 21 of 1890.

No. 28 of 1890.

No. 16 of 1891.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Ordinance No. 23 of 1891.

No. 24 of 1891.

No. 12 of 1892.

No. 13 of 1892.

No. 14 of 1898.

No. 15 of 1893.

No. 7 of 1894.

No. 9 of 1894.

No. 16 of 1895.

No. 27 of 1895.

No. 17 of 1896.

No. 22 of 1896.

No. 10 of 1897.

No. 16 of 1897.

No. 22 of 1897.

No. 17 of 1898.

No. 27 of 1898.

No. 17 of 1899.

No. 20 of 1899.

No. 35 of 1899.

No. 21 of 1900.

No. 29 of 1900.

No. 17 of 1901.

No. 32 of 1901.

No. 33 of 1901.

Passed the Legislative Council of Hongkong, this 23rd day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th

day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

551

552

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

HONGKONG.

No. 50 or 1911.

An Ordinance for further promoting the Revi- sion of the Law by repealing certain parts of enactments which have ceased to be in force or have become unnecessary.

F. D. LUGARD,

Governor.

Short title.

Commence-

ment of Ordinance.

Interpreta- tion.

General

repeals.

[29th November, 1911.]

WHEREAS with a view to the further revision of the Statute Law of the Colony and particular- ly to the improvement of the New Revised Edition of the Laws authorised by Ordinance No. 19 of 1911, it is expedient, in accordance with the provisions of section 6 (1) of that Ordinance, that certain parts of certain enact- ments which may be regarded as spent, or have ceased to be in force otherwise than by express repeal by the Legislative Council, or have by lapse of time or otherwise become unnecessary, should be expressly repealed; And Whereas, for the simplification of the language and greater clearness it is expedient to repeal useless and redundant expressions used in the Ordinances now in force :-

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Law Revision Ordinance, 1911.

2. This Ordinance shall come into force by Proclamation of the Governor.

3. In this Ordinance, expressions similar in form to the following:--

"No. 1 of 1844" indicate an Ordinance of the year referred to together with, its serial number;

8s.

and the letters and words "s.", "sub-s.". "sub-ss." indicate the words "sec-

tion", sections". "sub-section" and

　　　　　　　　and "sub- sections", respectively.

4. The words indicated in the following sub- sections are repealed wherever they occur in all Ordinances now in force; and in all editions of

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

the Laws of Hongkong hereafter to be printed the words so repealed shall be omitted; and the sections of the Ordinances so affected are hereby authorised to be printed as so amended, and shall be construed and enforced accordingly.

(i.) The words "from and after the

commencement of this Ordinance ". or "hereafter or other words of like meaning, having relation to the time from which the provisions of any section of an Ordinance shall take effect.

ད་

(ii.) The word " preceding" in the ex- pression "last preceding and the word "succeeding" in the expres- sion "next succeeding ", before the word "section"

"sections": Provided always that the words last section" shall be held to refer to the section immediately preceding the section in which they occur, and the words "next section" to the section immediately following that section.

(iii.) The words "to this Ordinance" or "hereto", or other words of like meaning after the word "schedule". (iv.) In the sections containing defini- tions of terms which are used in any Ordinance, the words "unless the context otherwise requires" or other words of like meaning; and the words "the words ", "the expres- sions", or other words introducing such definitions.

(v.) The words "that is to say" before sub-sections or paragraphs already sufficiently alluded to in the context. (vi.) The words "Hongkong Govern- ment or "Government before "Gazette ".

(vii.) The words "Colonial

before

"Treasurer or Treasury and before "Government ", whenever the Colonial Treasurer, the Colonial Treasury, or the Colonial Govern- ment is sufficiently indicated. (viii.) The word "calendar" before.

"month".

(ix.) The words "His or Her heirs and successors", or other words of like meaning after the words "His " or "Her Majesty", or after a refer- ence to any particular Sovereign, unless the context otherwise requires. (x.) The words "both inclusive"

"inclusive", or other words of like meaning, following a reference to a series of words, or numbers, whether relating to the sections of any enact- ment or not.

553

554

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Special repeals,

(xi.) The words "for the time being

or other words of like meaning, when used in relation to the holder of any office.

(xii.) The words "for the time being in force ", or other words of like mean- ing, when used in relation to an enactment dealing with a subject specified in the context.

(xiii.) The words "from time to time", or other words of like meaning, when used to indicate that any act to be performed, or right or power to be exercised, may be performed or exercised, as the case may be, from time to time as occasion may require; and the same words when used to indicate that the act has been performed, or the right or power has been exercised.

(xiv.) Words in the plural number fol- lowing the same words in the singular number, together with the conjunctive word, if any, unless the context otherwise requires.

(xv.) Words in the feminine following the relative words in the masculine, together with the conjunctive word, if any, unless the context otherwise requires.

(xvi.) The words "in this Colony" or "in the Colony" whenever the refer- ence to the Colony is sufficiently clear from the context.

(xvii.) The words "rules and " before * regulations' whenever they are unnecessary from the context.

(xviii.) The words "of Victoria" after "harbour", and the word "Victoria" before Gaol ".

are

5. In the enactments referred to in the schedule, the words indicated in inverted commas and following the expression "the words repealed; and in all editions of the Laws of Hongkong hereafter to be printed the enactments so affected are hereby authorised to be printed as so amended, and shall be construed and enforced accordingly.

Passed the Legislative Council of Hongkong, this 23rd day of November, 1911.

C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor,

the 29th day of November, 1911.

A. W. BREWIN,

Colonial Secretary.

•

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Schedule.

Ordinance No. 1 of 1844:-

in the title and preamble,

the words "in this Colony ".

in s. 2,

now or

the words "in this Colony", hereafter to be made or executed", "here- after to be obtained", "or its depen- dencies now are or shall or", "hereafter". in s. 3.

the words "respectively after the com- mencement of this Ordinance".

in ss. 3 (2), 4, and 12,

the words "in pursuance of this Ordin- ance".

in s. 5,

the words "hereafter made, executed, or obtained", "or its dependencies" twice, and "future", in the 11th line.

in s. 14,

from "entitled" to "bankruptey and from "entitled" to "England".

in s. 15,

the words "for the purposes of this Or- dinance", and "by this Ordinance"

in s. 16,

the words "under this Ordinance", and and in due conformity with this Or- dinance".

in s. 17,

the words from "entitled to "Actions' from "entitled" to "Rent-charges ", and.

now or hereafter to be ".

in s. 18,

the words "in conformity with this Or- dinance".

in s. 19,

the words in the first line "Supreme "any

and "thereof"; and the words "if the said Court or Judge sees fit and "in the discretion of the said Court or Judge ".

iu s. 21,

the words "Land Office ".

in s. 22,

the words "or persons whomsoever ".

in s. 23,

the words from for every such offence" to "dollars and", and "further".

in s. 25,

"further".

the words "required to be registered by this Ordinance ".

Ordinance No. 1 of 1845 :-

in the title,

the words "within this Colony ".

in s. 2.

from "any word denoting

to" both

555

sexes

556

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 3,

the words "within this Colony ", " made or to be made within the Colony ", "of the Colony".

in s. 5,

the word "some before "regulation".

in ss. 6, 8, 18 and 49,

the words "within the Colony"

in s. 6 (6).

or".

the words "guard-house or ".

in s. 8,

the word "the" at the beginning of each sub-section and in (3) the word "being" before "vested in".

in s. 11a,

the words from or in default" to "one month".

in s. 12,

in (1) the word "any" before "regula- tion", and the words "published in the Gazette".

in s. 13 (2),

the words or policeman".

in s. 14,

the words "on any investigation or proof as aforesaid", "then and in such case ", "so offending as aforesaid ", " or cause to be summoned", "thereof as after in charge", from "having so directed "noise as aforesaid ", "in any sum".

in s. 15,

the words "and so often as ", "on due in- vestigation and proof", "in or upon the said dwelling-house or premises ","there- of " after "charge ".

in ss. 19, 20. 21, 22, 23, 36, 38 and 44,

the words in the discretion of the Ma- gistrate" or "convicting Magistrate". in s. 24 (1),

the word "such" before "constable": and in (2) the word "such before consta- ble where it first occurs

in s. 25,

the words "such constable" where they secondly occur.

in s. 31 (1),

the words "the provisions of ". "for pay- ment", and "which may have been ".

in ss. 33 and 34.

the words "the" before "warrant ". and "of a Magistrate'.

in s. 37,

the words "if it appears to him necessary,

and as amended by No. 2 of 1906, s. 4, the whole of such s. 4.

in s. 42, ́

the words "as to the Magistrate may seem mcet".

in s. 43.

the words " the offence of ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 44,

the words "both inclusive", "any length of time", "pecuniary" twice, "any time

in s. 45,

the words as aforesaid" after "posses- sion".

in s. 46 (1),

the words "Superintendent or other' where they secondly occur, said Super- intendent or other ", "and may":

and in (2),

the words "and adjudge", "and adjud- ged".

in s. 49,

the words within the Colony".

in s. 51,

the words "under and ".

Ordinance No. 1 of 1851 :-

in s. 2,

the words "notwithstanding anything contained in this Ordinance", "presid- ing", "of such Court".

Ordinance No. 1 of 1852 :---

in the title,

the words "in certain cases within the Colony".

in s. 3,

the word "deemed".

in s. 5.

the words "in the Colony", "within the Colony".

in s. 6.

the words "in the exercise of his discre- tion".

Ordinance No. 1 of 1856 :--

in s. 2,

the words "heretofore or to be hereafter".

in s. 3,

the words from "or any action" to "in question".

Ordinance No. 3 of 1856:-

in s. 2,

the words "the same before 10 be set up".

ss. 3 and 9,

the whole.

in s. 4 (3).

the words from "payable under "thereunder".

in s. 5,

the words "so done by him as aforesaid ".

in s. 6,

the words "as aforesaid".

in s. 8.

the words "under the same".

Ordinance No. 1 of 1857 :-

in s. 2,

the words "of the same".

557

558

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Ordinance No. 1 of 1860:-

in s. 2.

the words "within the meaning of this Ordinance".

in s. 5.

the word "said" before "license".

in s. 7.

the words "thereunto", "said" after "hand of the", and "all or".

in s. 9,

the words "such", "as aforesaid", "there- of ".

in s. 10,

the words "such", "as aforesaid ".

in s. 12,

the words "as aforesaid ", "or within the further time allowed by section 16".

in s. 13,

the words "or have" twice,

iu s. 15,

the words to his satisfaction".

in s. 23,

the words "for the time being in force", and from "and the" to the end.

iu s. 24,

the words "in any Court", "to the Ma- gistrate", "if it or he thinks fit".

in s. 25,

the words "the penalty of", and "and" after "so directs".

>. 26,

the whole.

Ordinance No. 2 of 1860:--

in the short title,

the words "Powers and".

in s. 4,

from "which have been" after "whatso- ever" to "Her Majesty", "hereafter", and from "in like manner" to the end.

Ordinance No. 3 of 1860 :--

in s. 2.

the words "in this Colony".

Ordinance No. 1 of 1862 :-

in the short title,

the words Prohibition of".

in s. 2 (1),

the words "to be published in The Gazette or in any Extraordinary Gazette"; and in (2),

the words "and shall vest in Her Ma- jesty", "thereupon" after "forthwith ". and "to the use of Her Majesty and".

in s. 3.

in his

the words "in his discretion, at any time", "made under this Ordinance". discretion".

in s. 4.

the words "obligation and ".

Ordinance No. 2 of 1862 :--

in the title,

the word "the" after "to", and "of the Government".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 2,

"the" be-

the words "for the Colonies fore "minutes", "hereafter to be issued ". in s. 3,

the words "for the Colonies", "of the Colony ".

Ordinance No. 1 of 1863 :-

in the title,

the words "of Great Britain and Ireland". of the said United Kingdom for the being ".

in the preamble,

the words "of Great Britain and Ireland",

· of the said United Kingdom for the time being ", "of the said United Kingdom", "aforesaid for the time being ". throughout the Ordinance,

the word "said" before United", and the words "of the said United King- dom", "aforesaid for the time being ", or "for the time being", or "aforesaid " after "Admiral", wherever they occur. in s. 3,

the words "or times hereafter", and from "aforesaid for" (where they se condly occur) to "said office".

in s. 4,

the words "present", "or of any future

such Commissioners

in ss. 3, 4, 6 and 8,

the words "for executing the office of Lord High Admiral after "Commis- sioners" wherever they occur.

in ss. 5 and 7,

the words "for executing the office of Lord High Admiral", where they firstly

occur.

Ordinance No. 1 of 1864 :

in s. 2,

the words "to be" before "made", and before "charged ".

in s. 5,

the words from "entitled" to "of Jus- tice", from "entitled" to "and Tithes", from "entitled" after "Chapter 42" to "of Justice", and from "entitled" to "in Ireland".

s. 9,

the whole.

Ordinance No. 2 of 1865:-

in s. 7,

the words from "in addition" to the end. in s. 14,

the words "of this Ordinance".

in s. 24,

the words "then and in every such case".

in ss. 35 and 36,

the words from Provided that" to the end.

in s. 38,

the words "if the same is proved

every", "pay", "the sum of" and from "which fine" to "the Colony ".

539

560

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 40,

the words "or imprisonment with hard labour".

in s. 56 (1),

the words "under his hand and scal "and the same shall be", "accordingly' and in (2),

the words "for the time being in force". in s. 57.

the words or peace officer".

in s. 61.

the words "if it thinks fit" twice.

s. 63,

the whole.

Ordinance No. 3 of 1865:

in ss. 2, 3, 4, 5 and 8,

the words "passed or to be passed ".

in s. 5.

the words if it thinks fit".

Ordinance No. 4 of 1865 :

in all ss, where they occur,

the words "the Governor and Company of" in relation to the Bank of England or the Bank of Ireland respectively.

in s. 9,

the words "passed or to be passed".

in ss. 11, 12, 13, 15, 16, 18, 19, 20, 21 and 35,

the words "(the proof whereof shall lie on such person)".

in s. 20.

the words "(other that and except the Banks of England and Ireland repective- ly)".

in s. 23,

the words "testament, codicil, or testa- mentary instrument".

in s. 29,

the words of Equity or Court of Vice- Admiralty".

in s. 30 (4),

the words "of Record".

and in (7).

the words "of Law or Equity".

in ss. 3', 32 (1) and 32 (3),

the words "passed or to be passed ".

in ss. 37 and 40,

the words "now", "or hereafter may be".

in s. 39,

the words "testament, codicil, or testa- mentary writing"; and from "testament" where it secondly occurs, to "been ob- tained ".

in s. 40,

the words "testament, codicil, or testa- mentary writing".

in s. 46,

the words "if he thinks fit ".

s. 47,

the whole.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1,

in s. 48.

the words "in this Colony", from "would, " before according to" to "any person "falsely", false affirmation or false declaration " before or demanding", from "false affirmation" after "false oath" to "any person" before "making or using","said" before "Act", and "as is hereinbefore in this section men- tioned".

in s. 50 (1) and (2),

the words "if it thinks fit".

Ordinance No. 5 of 1865:-

in s. 2.

the words "any present or future" in the definition of trustee ". or body cor- porate in the definition of "valuable security", and "For the purposes of this Ordinance".

in s. 5,

the words from "and, if" to the end. "and,

in s. 8.

the words from "under the" to "Colony and from "and whether" to "Ordinance".

in ss. 12 (2) and 25 (2),

the words "in force in this Colony ".

in ss. 13 (2) and 15 (2),

the words "in force in this Colony", "such", "before mentioned ".

in s. 20 (1),

the words "codicil or other testamentary instrument",

and in (2),

the words "codicil or other instrument".

and in (3),

the words "of Law or Equity".

in s. 21,

the words "of record", "civil or crimi- nal", from "or of any " to "such Court", "of Justice".

in s. 24 (2),

the words "in force in this Colony", "of the said ","before mentioned".

in s. 24 (3),

all the words in the parenthesis, and "of the ","before mentioned".

in s. 25 (2),

the words "of the said", "before men- tioned".

in ss. 27 (2) and 28 (2),

the words "in force in this Colony ", "before mentioned ".

in s. 46,

the words " (the proof whereof shall lic

on such person)".

in s. 72 (1),

the words "by answer to any bill in equity", "civil".

1911.

561

562

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and in (2),

the words "of Law or Equity ".

in s. 88,

the words "or body corporate" twice.

in s. 92,

the words "or peace officer".

in s. 93 (2),

the figures (1)" and "(2)"; and the words in (2) from "Every sum' to

thereof ", "in every such case

from "imposed by to the end.

s. 94,

the whole.

in s. 95,

the words "if he thinks fit".

in s. 96.

; and

the words "so" before "discharged ",

and in every such case".

in s. 101 (1) and (2),

the words "if it thinks fit".

s. 102,

the whole.

Ordinance No. 6 of 1865:-

in ss. 21 (2), 22 (2), and 23 (2),

the words "in force in this Colony ".

in s. 21 (3),

all the words in the parenthesis.

in s. 43 (1),

the words "of money" after "

in s. 46 (1),

sum".

the words "or declaration", "under his hand".

in s. 48,

the words "or peace officer ".

in s. 54,

the figures (1) " and " (2) "; and the words in (2) from "Every sum "thereof ", "in every such case".

in s. 56,

the words "if he thinks fit".

in s. 61 (1) and (2),

the words "if it thinks fit".

s. 62,

the whole.

Ordinance No. 7 of 1865:-

in ss 5, 6, 7, 13, 16, 20 (1) and 21,

the words (the proof whereof shall lie on such person) ".

in s. 11, 2

}

the words "either before or after the commencement of this Ordinance", "or any former enactment in force in this Colony relating to the coin".

in s. 20,

the words "and lose ", " of such person "and the other moiety to the funds of the Colony ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

s. 22,

the whole.

in s. 26,

the words "or some other

in s. 29,

proper officer"

the words from "or against" to "the coin".

in s. 32 (1) and (2),

the words "if it thinks fit".

s. 33,

the whole.

Ordinance No. 2 of 1866 :-

in the preamble,

the word "the" after" whereas ", "here- ipafter named and others".

s. 2,

the whole.

in s. 3,

the words from "the Honourable John" to "together with", "other", "or shares". "for the time being ".

in s. 4,

the words "commencing from the date of this Ordinance ".

and in No. 6 of 1907, s. 3,

the words "and including ".

in s. 5.

the words from "and such further capi- tal" to the end of the section.

ss. 6 to 9,

the whole.

in s. 10,

the words "and until such election, by a Court of Directors to be named in the said deed", "that is to say ".

in s. 11,

}

the words "to be contained", "to be" after "by-laws", "that may be made' "of" after "approved".

in s. 12 (4).

the words "existing or future",

and in (5),

the words "issue or ".

in s. 15,

the words "from and after the commence- ment and ".

in s. 17,

the words "to it and its successors ".

in s. 18,

the words "and every person and", "and

"accordingly".

its successors

in s. 19 (2),

the words "and as ", " by the Company", "of the Company", "in all cases", "paid

for the same ".

and in (3),

the words "by the company", "after every such sale".

563

564

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

s. 23,

the whole.

in s. 24,

the words "of the company

in s. 25,

the words "in the capital of the com-

pany

in s. 26,

the word "accordingly ".

in s. 27,

the words "and every", from "and set forth" to "set forth", so to be executed as aforesaid ", " and may ".

in 8. 28 (!),

the words and figures "of Hongkong in its equitable jurisdiction ", " 1865".

and in (2),

the words that is to say".

9. 30,

the whole.

Ordinance No. 1 of 1867 :-

in the preamble,

the words from and made" to "other "the said ", from "the said pre- part mises to "but", "in Hongkong" and from "and also to "aforesaid ".

in s. 2,

from the beginning to "determine, and ". s. 3,

the whole.

in s. 4 (2),

(

the words after such time as aforesaid",

contrary to this enactment".

in s. 5,

the words "on application to and ".

in the schedule,

the words "Description of the old Maho- medan Cemetery ".

Ordinance No. 2 of 1867 :-

in s. 3,

the word "such" before "regulations sub-s. (2), and the figure "(I)".

in s. 5,

the words "to do so", "licence" after "which", and from "to the Registrar" to the end.

in s. 6,

the words "in this Colony", "having obtained", and from "and in default" to the end.

8. 7

the whole.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

565

HONGKONG.

No. 51 OF 1911.

An Ordinance for further promoting the Revision of the Law by amending certain errors con- tained in, as well as the language used in, the Ordinances now in force.

F. D. LUGARD, Governor.

[29th November, 1911.]

WHEREAS with a view to the further revision of the Statute Law of the Colony and particularly to the improvement of the New Revised Edition of the Laws authorised by Ordinance No. 19 of 1911, it is expedient, in accordance with the provisions of section 6 (1) of that Ordinance, that minor errors in many Ordinances now in force should be collected and amended in one Ordinance, and that certain further amendments should be made with a view to simplifying and making clearer the language used in those Ordin-

ances:

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :--

1. This Ordinance may be cited as the Law short title. Amendment Ordinance, 1911.

2. This Ordinance shall come into force by Commence- Proclamation of the Governor.

ment of Ordinance.

3. In this Ordinance, expressions similar in Interpreta- form to the following

No. 1 of 1844" indicate an Ordinance

of the year referred to together with its serial number;

and the letters and words "s.", ss. "sub-s.", "sub-ss.", indicate the words "sec- tion "sections", "sub-section" and "sub- sections", respectively.

tion.

ments.

4. The words indicated in the following sub- General sections are repealed and replaced by the words amend following the words "there shall be read" wherever they occur in all Ordinances now in force; and in all editions of the Laws of Hong-

566

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

kong hereafter to be printed the sections of the Ordinances so affected are hereby authorised to be printed as so amended, and shall be con- strued and enforced accordingly.

(i.) For "Her Majesty" and "Queen" there shall be read "His Majesty" and "King" res- pectively, unless the context otherwise requires.

(i.) For "Surveyor General" there shall be read "Director of Public Works ".

(iii.) For "Colonial Surgeon" there shall be readPrincipal Civil Medical Officer'

(iv.) For "Police Magistrate" there shall be read "Magistrate" and for "any Magistrate" or "any Justice of the Peace" there shall he read "a Magistrate" and "a Justice of the Peace", as the case may be, unless the context otherwise requires.

(v.) For "o'clock in the morning" and "o'elock in the evening and other words indicating that the hour referred to is between midnight and noon following, and between noon and midnight following, respectively, there shall be read follow- ing the hour specified, the letters "am." and p.n." respectively; and the words "the hours of" whenever they occur are repealed.

66 to

vi.) Where the words to declare" or affiria or "solemnly affirm" are used in con- junction with "to swear", and where the words "declaration or "affirmation" or "solemn af- firmation" are used in conjunction with "oath" or "affidavit", there shall be read, unless the con- text otherwise requires, the words of adjuration only.

(vii.) Where any officer or person specified in any section is subsequently referred to in the same section, for the words "the said officer or per- son, and "such" officer or person, or other similar expressions, there shall be read such pronoun as the context may require.

(viii.) For the words "Her Majesty's Principal Secretary of State for the Colonies or other words referring to the said Secretary of State, there shall be read "Secretary of State unless

the context requires a special reference to the Secretary of State for the Colonies", when he shall be so described.

(ix.) For all words indicating that an offence is triable summarily before a Magistrate, or before two Magistrates, and that when an offence has been so tried and the offender has been convicted, the punishment specified may be inflicted, there shall be read either the words "on summary con- viction" or "on conviction before a Magistrate (or "on conviction before two Magistrates ") as, having regard to the context, may be more con- venient, and the existing text may be amended accordingly.

ད་

(x.) For the words "incur a penalty" in con- nexion with the infliction of a pecuniary penalty, there shall be read "liable to a fine ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

(xi.) For the words "any member of the Police force", "any constable or police officer ", or any words referring to a subordinate officer of police, there shall be read " any constable" or "any officer of police" or "any police officer as the circumstances of the case may require, and as the definition of "officer of police" in Ordinance No. 31 of 1911 may justify.

amend-

ments.

5. In the enactments referred to in the sche- Special dule, the words indicated and following the word ans "for" are repealed and replaced by the words indicated and following the words "there shall be read"; and in all editions of the Laws of Hongkong hereafter to be printed the enactments so affected are hereby authorised to be printed as so amended, and shall be construed and enforced accordingly.

Passed the Legislative Council of Hongkong, this 23rd day of November, 1911.

567

C. CLEMENTI.

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th day of November, 191i.

A. W. BREWIN,

Colonial Secretary,

Schedule.

Ordinance No. 1 of 1844:-

in s. 22,

for "on such cover or envelope

there shall be read "thereon ".

Ordinance No. 1 of 1845:-

in s. 3 (1), 5th line,

for "

or any of the drains or sewers there shall be read "any drain or sewer".

in ss. 3 (1), 4, 13

for "Town" there shall be read "City ". in s. 3 (17),

instead of the full stop there shall be read

; or ".

in s. 4, 4th line,

for "to be published

there shall be read "made".

in s. 6 (2),

for "posting-bill

there shall be read "poster"; and

for "pale"

there shall be read "paling" wherever

it occurs.

568 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 6 (4),

for "Superintendent of Police"

there shall be read "Captain Superin- tendent of Police ".

in s. 7 (1),

for "view of such constable ".

there shall be read "his view".

and in (2),

for "custody of such constable "

there shall be read "custody of a police constable ".

in s. 12 (2),

for "of such brothel or common lodging house"

there shall be read "thereof ".

in s. 13 (2),

for the words from "such Magistrate " to "in any sum

there shall be read "the Magistrate to deal with the case summarily and to impose a fine on such person

in s. 14,

for the words from "and, on due investi- gation" to "lawful for such Magistrate to fine

there shall be read "and being satisfied that he did so direct, sanction, suffer or permit the making of the said noise, to impose a fine on

and for "such Magistrate"

there shall be read "the Magistrate" wherever it occurs.

in s. 15,

for such noise as aforesaid, then and in

such case

there shall be read "it".

and for "such Magistrate

there shall be read "the Magistrate'

and for "such and the like penalty as is mentioned in the last section

there shall be read "a penalty not exceeding 100 dollars

in s. 17,

for "gunfire in the morning

there shall be read "5 a.m.

in s. 24 (2),

for "such constable" where it secondly

occurs

there shall be read "a con-table".

and for one hundred dollars"

there shall be read "200 dollars ".

in s. 30,

for such constable" where it first occurs

there shall be read "he".

in s. 31 (2),

at the end, for "of such penalty and reason-

able expenses

there shall be read "thereof ".

in s. 37.

after the words " any Magistrate"

there shall be inserted "or Justice of

the Peace",

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and after the words "the Magistrate" twice

there shall be inserted "or Justice ".

in s. 40.

for

the satisfaction of the Magistrate ",

and "the Magistrate"

there shall be read "his satisfaction and "he" respectively.

in s. 41,

for from "sold or" to the end

there shall be read "forfeited".

in s. 43,

for "party", and "such informer'

there shall be read "said informer" and "he" respectively.

in s.

45,

for the words "such goods or money twice

there shall be read "the same ".

in s. 46,

for word "Superintendent "

there shall be read "Captain Superin- tendent".

in s. 47,

((

for lawful authority or sanctioned by the same "

there shall be read "or sanctioned by lawful authority".

in s. 51,

for from "for the time being" to the end there shall be read "regulating the summary jurisdiction of Magistrates".

Ordinance No. 1 of 1851:

for "neither the Supreme nor any other Court

there shall be read No Court ".

Ordinance No. 1 of 1852:-

in s. 2.

for "Naval Forces in the East Indies and China Seas"

there shall be read "ships and vessels employed on the China Station".

Ordinance No. 1 of 1856':

in s. 2,

for "Act of Parliament

there shall be read "the laws in force in this Colony ".

in s. 3,

for or any rights

there shall be read "or affect any right".

Ordinance No. 3 of 1856:-

in s. 4,

for from "lamps" to

whomsoever

there shall be read "and lamps", and for "brought or to the end,

there shall be read "in relation thereto".

in s. 8,

for the words from "in like manner to the end,

there shall be read "according to the law governing the summary jurisdic- tion of Magistrates".

569

570

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Ordinance No. 1 of 1860 :-

in s. 2.

for "inferrible

there shall be read "to be inferred ". after the word "pawnbroker

there shall be added the following:-

and the term lender' in this Or- dinance shall be held to refer to a pawnbroker, and, as well as the word pawnbroker', shall include his representatives"; and the words "or" or "and his representatives" after the word "lender" or "pawnbroker", as the case may be, whenever they occur in the Ordinance are repealed. in s. 18,

for "is hereby required to"

there shall be read "shall ".

in s. 19 (1) (b),

for "

or servants

there shall be read "or his servants".

in s. 23,

for "had, and granted" there shall be read

held, determined, and granted ".

in s. 24,

for "before the Magistrate "

there shall be read "before him ".

in s. 25,

for "offences" there shall be read "every offence": and for "a penalty "in (1). (3) and (4)

there shall be read "a fine", and

in (1), (2), (3) and (5) for "for every offence against

there shall be read "under".

Ordinance No. 3 of 1860 :-

in s. 2,

for "The Imperial Legislature

there shall be read "Parliament ".

Ordinance No. 1 of 1862 :-

in s. 2 (1),

for the Governor, by and with the advice of the Executive Council

there shall be read the Governor-in- Council".

and for "mentioned in such proclamation`

there shall be read "therein mentioned". and for the Governor "

there shall be read "the Governor-in- Council",

and in (2) for "under his hand" there shall be read "under his hand and seal".

in s. 3,

for

read

any proclamation" there shall be

any such proclamation".

Ordinance No. 2 of 1862:-

in s. 2,

for "Her Majesty's

there shall be read "the ".

in s. 3,

for "such"

there shall be read "the ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Ordinance No. 1 of 1863 :-

in s. 2.

before "according to the respective"

there shall be read (hereinafter called 'the Commissioners')".

Ordinance No. 1 of 1864 :--

in s. 5,

for from "entitled" to "in Law

there shall be read "(the Limitation Act, 1623)

and from "entitled" to "Rights thereto "

there shall be read "(the Real Property Limitation Act, 1833)

and for "of the same reign and year'

there shall be read "3 & 4 William IV".

in s. 7.

for from "entitled" to "Engagements

there shall be read "(the Statute of Frauds Amendment Act, 1828)".

Ordinance No. 2 of 1865 :-

in s. 18,

for "arms which is or

are

there shall be read arm which is ".

in s. 44,

after "force" there shall be inserted the words "or fraud".

in s. 54,

for "this Ordinance"

there shall be read "this or any other Ordinance".

in s. 57,

for "reasonable cause

there shall be read "good cause

Ordinance No. 4 of 1865:-

s. 14,

the section shall be numbered sub-section (1), and there shall be added the follow- ing sub-section :-

"(2) In this and the following sections of this Ordinance, banker' means any body corporate, company, or person carrying on business of banking, other than the Bank of England and the Bank of Ireland."

in ss. 14, 18 (1), 19 (1), 20 (1) and 46,

for "body corporate, company, or person carrying on the business of bankers

there shall be read "banker'

in ss. 18 (1), 18 (3) and 19 (2),

for "such other body corporate, company, or person as aforesaid "

there shall be read "other banker wherever they occur.

in s. 20 (3),

for "such body corporate, company, or person

there shall be read "banker".

in s. 33,

for "affidavit, affirmation, or solemn de- claration"

there shall be read "or affidavit ".

571

572

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 34 (1),

for Auditor General"

there shall be read "Local Auditor" and after such words the words "Land Officer" shall be inserted,

and for from "Colonial Secretary" where it secondly occurs, to "or officer

there shall be read "or of such officers".

in s. 39,

for knowing the will"

there shall be read "knowing such will ". in s. 48, (as amended by the Law Revision.

Ordinance 1911),

the section shall be divided into three paragraphs, numbered respectively "(1)", *(2)", "(3)": paragraph (1) shall begin

with the words

"falsely making" and shall end with "erased or altered", followed by a semi- colon, and the word "or";

paragraph (2) shall begin with the words

"falsely personating" and shall end with "by means of any false oath", followed by a semi-colon and the word "or";

paragraph (3) shall begin with the words

"making or using", and shall end with "of any paper";

after which the section shall continue from the words "would, according to" the end;

and for "every such person" in the last

sentence there shall be read "he".

Ordinance No. 5 of 1865:-

in ss. 13 (2) and 15 (2),

for "as in this"

there shall be read "under ".

in s. 16 (2),

for "such forfeiture

there shall be read "such pecuniary penalty".

in ss. 24 (1) and 26,

for "twenty-four cents

there shall be read "25 cents".

in ss. 24 (2), 24 (3) and 25 (2),

for "offences in this section

there shall be read "offences against this section".

inss. 24 (2), 25 (2) and 28 (2).

for "and is convicted thereof in like man- ner, shall"

there shall be read "shall, on convic- tion thereof in like manner ".

in s. 27 (2),

for "

any of the offences in this" there shall be read "an offence against this ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

573

in s. 28 (1).

for from "as aforesaid under to sum- mary conviction".

there shall be read "as the law relating to the jurisdiction of the Magistrates provides ".

in s. 28 (2),

for "any of the said offences in this "

there shall be read "any offence against this "

in ss. 52 and 53 (2),

for "satisfy the Magistrate

there shall be read "satisfy him ".

in s. 53 (1),

for or peace officer

there shall be read "or police ".

in s. 62 (2), (as introduced by Ordinance

No. 7 of 1909),

for "of will'

there shall be read "or will ".

and in (1) (4),

for and be "

there shall be read "and shall be ".

in ss. 64, 65 (1), 67, 68, 69, 70 and 71,

for from toany of the punishments" to "last mentioned ".

there shall be read "to imprisonment for any term not exceeding 2 years".

in s. 65 (2),

for "to any of the same punishments

there shall be read "to the same punish- ment"

in s. 67,

for "Her Majesty's"

there shall be read "the".

in s. 72 (1),

for "in any of the last ten preceding sections"

there shall be read "in sections 62 to 71".

and in (2),

for "in any of the said sections

}}

there shall be read "in sections 62 to 71".

in s. 73,

for "in any of the last eleven preceding sections"

there shall be read "in sections 62 to 72".

in ss. 85 and 87,

for "the same forfeiture and punishment" there shall be read "the saine penalty ".

in s. 89,

after "

person to" the word "recover"

shall be inserted.

in s. 93 (1),

for "forfeited "

there shall be read "ordered to be paid ",

and in (2),

for "adjudged to forfeit '

there shall be read "ordered to pay ".

574

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and for "any penalty

there shall be read "a penalty".

in s. 96,

for "adjudged to be

there shall be read "ordered to be ".

and for "adjudged in

there shall be read "ordered in".

Ordinance No. 6 of 1865:-

in ss. 6, and 12,

for "Queen

there shall be read "King".

in s. 21 (1),

for "twenty-four cents

there shall be read "25 cents".

in ss. 21 (2), 21 (3), 23 (2), 24 (2) and 32 (2),

for of the said offences in this section before-mentioned

there shall be read "offence under this section".

in s. 23 (1),

for from "aforesaid under " to sum- mary conviction "

there shall be read "the law relating to the jurisdiction of the Magistrates provides ".

in the heading before s. 27,

there shall be inserted the word "rail- ways" after "viaducts ".

in s. 43 (1),

for from "Her Majesty" to "thereof there shall be read "the Treasury".

and in (2),

for from "may commit" to summary

conviction'

there shall be read "may deal with the

offender according to the law relating to summary conviction ".

in s. 46 (2),

for from "to persons searching" to the end there shall be read "by any Ordinance relating to gunpowder ".

in s. 52,

instead of "peace officer

there shall be read "officer of police ".

in s. 54,

for "forfeited for the amount of"

there shall be read "ordered to be paid in respect of'

for "adjudged to forfeit'

pay",

there shall be read "ordered to and for from "and the remaining" to the end,

there shall be read "and the remaining sums ordered to be paid shall be applied in the same manner as a penalty".

in s. 55,

for "forfeited for the amount of'

there shall be read "ordered to be paid in respect of",

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

and for "for the time being in force re-

lating to "

there shall be read "relating to the ju- risdiction of ".

in s. 57.

for "adjudged

there shall be read "ordered ".

Ordinance No. 7 of 1865:-

throughout, for "Queen's

there shall be read "King's".

in s. 2,

for from "The expression 'the Queen's current gold"" to "said dominious"

there shall be read "the King's current gold and silver coin' includes any gold or silver coin, and 'the King's copper coin' includes any copper coin and any coin of bronze or mixed metal, and 'the King's current coin' includes any coin whether made of gold, silver, copper, bronze, or mixed metal, coined in any mint in His Majesty's dominions, or any such coin lawfully current, by virtue of any proclamation or otherwise, in any part of His Majesty's dominions, whether within this Colony or other- wise", and the definition of "the Queen's current coin is deleted.

in s. 6,

for "the mainland of China'

there shall be read "any part of China".

in s. 20 (1),

the words from which shall be" to "the Magistrate"

shall be inserted in brackets,

for "forfeit and pay any sum of money

there shall be read "be liable to a fine", for the custody

there shall be read "his custody

and after the words "one moiety

there shall be inserted the words "of which shall go".

and in (2),

for "for any such'

there shall be read "for the ",

ད

and for from "commit the person" to the end,

there shall be read " to deal with the offender according to the law relating to summary conviction ".

in s. 25 (2),

for "and such Magistrate"

there shall be read "who ".

Ordinance No. 2 of 1866:-

in s. 1,

for Banking Corporation

there shall be read "Bank ".

in s. 3,

after Banking Corporation'

there shall be inserted the words "(here- inafter called 'the company')".

575

576

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

in s. 4,

for from Commissioners" to "Treasurer" there shall be read "of His Majesty's Treasury".

in s. 10,

for (to be evidenced as aforesaid)

there shall be read "(evidenced by a notification or proclamation under the hand of the Governor published in the Gazette) ".

in s. 11,

for "of such deeds, or any of them"

there shall be read "of any such deed", for "the hand of the Governor

there shall be read "his hand ".

in s. 12 (4),

for from "it has" to "establish'

there shall be read "the company has".

in s. 19 (2),

for "of such purchase'

there shall be read "thereof".

and in both (2) and (3),

for "messuage, lands, or hereditaments

there shall be read "property".

and in (3),

for "are re-sold"

there shall be read "is re-sold".

in s. 24,

for "said deed "

there shall be read "said deed of settle- ment".

in s. 25.

for from "proprietor" to "capital thereof"

there shall be read "shareholder ".

in s. 26,

for from "deed" to "aforesaid "

there shall be read "deed of settlement".

in s. 27,

for "herein contained"

there shall be read contained herein".

Ordinance No. 1 of 1867:-

in the preamble,

after "in Hongko g

there shall be inserted (hereinafter called the old cemetery)".

in s. 4 (2),

after anybody"

there shall be inserted the word "there-

in ".

Ordinance No. 2 of 1867:-

in s. 5.

for annually paid"

there shall be read "paid annually".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

577

HONGKONG.

No. 52 or 1911.

An Ordinance to amend the Peace Preservation

Ordinance, 1886.

F. D. LUGARD,

Governor.

[1st December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Peace Preserva- Short title. tion Amendment Ordinance, 1911.

2. The Peace Preservation Ordinance, 1886, as amended Amends by the Penalties Amendment Ordinance. 1911, further amended as follows:-

is hereby

(4.) In section 2 thereof and at the end thereof by the substitution of the words "First Schedule" for the word "Schedule " whenever the latter word occurs.

(b.) By the repeal of sub-sections (1) and (3) of

section 9 thereof.

(c.) In sub-section (2) of section 9 thereof by the dele- tion of the figure "(2)" in the first line thereof and of the word "such" in line 7 thereof and of the words "this Ordinance" and by the substitution for the words "this Ordinance" of the words "the Arms and Ammunition Ordinance, 1900, as amended by the Arms and Ammunition Amendment Ordinance, 1911".

(d.) By the repeal of section 10 thereof.

(e.) By the addition after section 12 thereof of the

following section :-

aniy

Ordinance No. 10 of 1886 as

amended by Ordinance No. 30 of 1911.

12A.--(1.) Notwithstanding anything in Flogging for

offences other Ordinance to the contrary every

　　　　　　　　　　during con- male person who during the continuance of any tinuance of proclamation under this Ordinance, whether Proclama- published before or after the coming into force tion. of this section, commits any offence against any of the enactments mentioned in the Second Schedule to this Ordinance shall in addition to any punishment other than whipping or flog- ging provided by the said enactment or by law be liable ou conviction whether on indict- ment or summarily to be flogged.

(2.) In all cases where the punishment of flogging is awarded under this section the following provisions shall have effect :-

(.) The sentence shall prescribe the number

of strokes to be inflicted.

(¿¿.) The number of strokes shall not exceed twenty-four in the case of an offender whose age exceeds 16 years or twelve in the ease of an offender whose age does not exceed 16 years.

(i) The instrument used in the case of an offender whose age exceeds 16 years shall be the instrument commonly known as the "cat" or else the birch as the Court or Magistrate may specify in the sentence and in the case of an offender whose age does not exceed 16 years it shall be the birch.

(ir.) The flogging shall be inflicted privately in prison and within six months of the sentence."

(f.) By the addition at the end thereof of the follow-

ing schedule :--

578

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

SECOND SCHEDULE.

The Summary Offences Ordinance 1815 (No. 1 of 1845)

section 3 (13).

The Victoria (Lighting) Ordinance 1856 (No. 3 of 1856)

section 5.

The Offences against the Person Ordinance 1865 (No. 2 of 1865) sections 5, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, 23, 27, 28, 29, 30, 30, 34, 35, 36, 37, 38, 42, 43, 55.

The Larceny Ordinance 1865 (No. 5 of 1865) sections 29,

30, 31, 32, 33, 38, 39, 40, 42, 43, 44, 45, 46, 47, 49. The Malicious Damage Ordinance 1855 (No. 6 of 1865), sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 24, 25, 27, 27a, 28, 29, 30, 33, 35, 36, 37, 41, 42, 43, 44, 45.

The Suppression of Piracy Ordinance 1868 (No. 1 of 1868)

sections 2, 3, 4, 5, 6.

The Public Places Regulation Ordinance 1870 (No. 2 oť

1870) section 2.

The Peace Preservation Ordinance 1886 (No. 10 of 1886)

sections 8, 12.

The Arms and Ammunition Ordinance 1900 (No. 2 of 1900)

sections 4, 23.

The Police Force Ordinance 1999 (No. 11 of 1900) section

31.

The Tramway Ordinance 1902 (No, 10 of 1902) section 58.

Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

R. II. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 1st day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

Short title

tion.

HONGKONG.

No. 53 or 1911.

An Ordinance to provide for the registration of Chinese Partnerships, and to enable partners therein to register and thereby to limit their liability.

F. D. LUGARD.

Governor.

[1st December, 1911.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:-

-----

1. This Ordinance may he cited as the Chinese and applica- Partnerships Ordinance, 1911, and shall apply only to such partnerships carrying on business in the Colony as in the opinion of the Registrar of Companies can properly be described as Chinese Partnerships.

Interpreta-

tion of

termis,

Ordinance No. 1 of 1897.

2. In the construction of this Ordinance the following words and expressions shall have the meanings respectively assigned to them in this section, unless there be something in the subject or context repugnant to such construction:-

"Firm", "firm name ", and "business" have the same meanings as in the Partnership Ordinance, 1897.

Registered Partner" shall mean any partner includ- ing a firm, a family tong or a body corporate who or which is registered as such under this Ordinance.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911. 579

Registrar of Companies" shall menui the officer Ordinance appointed for the registration of Companies under the No. 1 of Companies Ordinance, 1865, or any Ordinance amending 1865. or substituted for the same.

"The Court" shall mean the Supreme Court.

Full name" shall, in the case of a person who carries on business in more than one name, include all the names, whether tong names or otherwise, in which such person carries on business, and in the case of persons with Chinese names or of Chinese origin shall include his sur- name and lit Tsz (I) and the places of his birth and the District in China to which he belongs.

Hung Kú shareholder" means

　　　　　　　　　　a person who is registered as such in a registered partnership and who holls & hung kú (I) or red share, and is a person who is entitled to no interest on capital, but who shares with the partners the surplus profit after interest on capital has been paid.

3. From and after the commencement of this Ordin- Registration ance Chinese partnerships and partners therein may register of Chinese in the manner and subject to the conditions by this Ordin- partnerships ance provided,

and partners.

4.--(1.) No partnership may register under this Ordin- Conditions ance unless one at least of its partners registers as a partner of registra- therein.

(2.) Firms or family tongs may be registered as part- ners in a registered partnership, provided that a firm or family tong so registered shall be regarded, so far as the partnership in which it is registered is concerned, as one person, and provided also that one partner only in the firm or one member only of the tong shall be registered as a representative of the firm or tong so registering as afore- said, and provided also that no person may be registered as a representative of a firm or tong unless the Registrar of Companies is satisfied that he has the authority of the other members of his firm or the adult members of his tong to be registered as their representative in the re- gistered partnership, and unless one month shall have elapsed since an announcement of his intention to apply for registration as a representative of the firm or t'ong in ques- tion shall have been published in the Gazette and in two Chinese daily newspapers circulating in the Colony,

(3.) The Registrar of Companies shall register the names of all members of a family tong, disclosed to him by such representative, including infants of any age; and thereafter members so registered shall have their liability limited in the same manner as if they were registered as partners under this Ordinance.

(4.) Bodies corporate may be registered as partners in a registered partnership.

tion.

5.-(1.) The liability of each partner in a registered Effect of partnership, which may sue and be sued in its registered registration name, shall be unlimited in respect of assets in his posses- on liability. sion connected with the registere I partnership.

(2.) The liability of each unregistered partner in a registered partnership shall be unlimited.

(3.) The liability of each registered partner in a regis- tered partnership beyond his liability under sub-section (1) of this section, shall be limited to such proportion of the debts and obligations of the registered partnership as his interest in the registered partnership bears to the total interest of all the partners therein, whether registered or unregistered.

(4.) Where a firm or family tong is registered as a registered partner in a registered partnership, but is not itself registered as a registered partnership the liability of each of its partners or members shall be unlimited in res- pect of assets in his possession connected with the registered partnership, but his further liability shall be limited to such proportion of the debts and obligations of the registered partnership as the interest of his firm or tong in the re- gistered partnership bears to the total interest of all the partners therein whether registered or unregistered.

580

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Dissolution and wind- ing up of registered partnerships.

Ordinance

(5.) Where a firm or family tong is registered as a re- gistered partner in a registered partnership and is itself also registered as a registered partnership the liability of each of its registered partners or members shall be unlimited in res- pect of assets in his possession connected with the registered partnership in which his firm or t'ong is a registered part- ner; but his further liability shall be limited to such pro- portion of what would have been his total liability if his firm or tong had not itself been a registered partnership as his interest in his own firm or tong bears to the total in- terest of all the partners therein, whether registered or registered.

(6.) Where a firm or family tong is registered as a re- gistered partner in a registered partnership and is itself also registered as a registered partnership the liability of each of its unregistered partners or members shall be un- limited in respect of assets in his possession connected with the registered partnership in which the firm or tong is a registered partner; but his further liability shall be limited to such proportion of the debts and obligations of the re- gistered partnership as the interest of his firm or tong in the registered partnership bears to the total interest of all the partners therein whether registered or unregistered.

(7.) No person registered only as a hung kú share- holder shall be under any further liability for the debts and obligations of the firm in which he is so registered than the liability imposed by sub-section (1) of this section.

(8.) The burden of proving that assets in his possession are unconnected with the registered partnership shall be on the person who seeks to have his liability limited under

this section.

(9.) No member of a firm or family tong which is registered as a partner other than the registered repre- sentative thereof shall take part in the management of the business of the registered partnership or shall have power to bind the registered partnership.

Provided that any member of such a firm or tong may by himself or his agent at any time inspect the books of the firm and examine into the state and prospects of the partnership business.

If a member of such a firm or tong other than the registered representative thereof takes part in the manage- ment of the business of the registered partnership he shall be personally liable to an unlimited extent for all debts and obligations of the registered partnership incurred while he so takes part in the management thereof.

(10.) A firm or family tong registered as a partner in a registered partnership may be sued in its firm or tong name in respect of the debts and obligations of the registered partnership, and service on its registered representative shall be deemed sufficient service on the partners in the firm or the members of the tong.

6.-(1.) A registered partnership shall not be dissolved by the death, or bankruptey, or admission, or succession, or retirement of a partner; and the lunacy of a partner shall not be a ground for dissolution of the partnership by the Court unless the lunatic's share cannot be otherwise ascertained and realised.

(2.) In the event of the dissolution of a registered part- nership its affairs shall be wound up by the partners unless the Court otherwise orders.

(3.) Applications to the Court to wind up a registered No. 1 of 1865. partnership shall be by petition under the Companies Ordinance, 1865, or any Ordinance amending or substituted for the same, and the provisions of such Ordinance relat- ing to the winding up of companies by the Court and of the rules made thereunder (including provisions as to fees) shall, subject to such modification (if any) as the Governor-in-Council may by rules provide, apply to the winding up by the Court of registered partnerships, with the substitution of partners for directors.

(4.) Subject to any express agreement between the part-

ners,

(.) Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of the partners;

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

(b.) A partner shall not be entitled to dissolve a regis-

tered partnership by notice.

7. Subject to the provisions of this Ordinance, the Law as to Partnership Ordinance, 1897, and the rules of equity and private of common law applicable to partnerships, except so far partnership

　　　　　　　　　　　　　　　　　　　　　　　　to apply as they are inconsistent with the express provisions of the where not last mentioned Ordinance, shall apply to partnerships and inconsistent partners registered under this Ordinance.

with this Ordinance.

8. The registration of a partnership under this Or- Manner and dinance shall be effected by delivering to the Registrar of particulars Companies a statement sigued by such of the partners and of registra- hung kú shareholders as desire to be registered under this Ordinance containing the following particulars :-

(a.) The partnership name;

(b.) The general nature of the business ;

(c.) The principal place of business;

(d.) The full name and address of each of the part- ners and hung kú shareholders who desires to be registered under this Ordinance;

(e.) The term, if any, for which the partnership is entered into, and the date of its commence-

ment;

(f) The total capital of the partnership and the amount of such capital which has been paid up ; (g.) The sum contributed by each partner who desires to be registered under this Ordinance, and whether paid in cash or how otherwise ; (h.) The proportion which the interest in the part- nership of each partner who desires to be re- gistered under this Ordinance bears to the in- terests of all the partners, whether registered or unregistered, in the partnership;

(.) The interest in the firm of any hung kú share- holder who desires to be registered as such under this Ordinance.

tion.

9.-(1.) If during the continuance of a registered Registration partnership any change is made or occurs, whether by of changes in reason of the death of a registered or unregistered partner partnerships. or otherwise howsoever, in

(a.) the firm name,

(b) the general nature of the business,

(e.) the principal place of business,

(d.) the registered partners or the name of any re

gistered partner,

(e.) the term or character of the partnership, (f.) the sum contributed by any registered partner, (g.) the proportion which the interest in the partner- ship of any registered partner bears to the in- terests of all the partners, whether registered or unregistered, in the partnership,

a statement, chopped with the chop of the partnership and signed by the manager or in his absence by one or more of the registered partners, specifying the nature of the change shall within fourteen days be delivered to the Registrar of Companies.

(2.) If default is made in compliance with the require- ments of this section such manager and all the registered partners who cannot prove that they were ignorant of the change shall, on summary conviction before a Magistrate, be liable to a fine not exceeding ten dollars for cach day Provided that no during which the default continues. person shall be liable to pay a fine exceeding a total sum of five hundred dollars.

on contri-

10. The statement of the amount contributed by a re- Ad valorem gistered partner, and a statement of any increase in that stamp duty amount, sent to the Registrar for registration under this butions Ordinance, shall be charged with an ad valorem stamp duty by registered of $1 for every $500 or portion of every $500 up to partners. $10,000, and $1 for every $1,000 or portion of $1,000 on the next $15,000 and 50 cents for every $1,000 or portion of $1,000 ou sums above $25,000 of the amount so con-

581

582

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

returns.

úra

tributed, or of the increase of that amount, as the case may be; and, in default of payment of stamp duty thereon as herein required, the duty with interest thereon at the rate of eight per cent. per annum from the date of delivery of such statement shall be a debt to the Crown and shall be recoverable by the Colonial Treasurer from such registered partner in the same manner as is provided for by the Crown Remedies Ordinance, 1875, in respect of rent due to the Crown.

Penalty for 11. Every one who makes, sigus, sends, or delivers making false for the purpose of registration under this Ordinance any false or incomplete statement known by him to be false or incomplete commits a misdemeanour and shall also be personally liable to an unlimited extent for all debts and obligations of the registered partnership incurred during his partnership therein.

Registrar to file

statement and issue

12. On receiving any statement made in pursuance of this Ordinance the Registrar of Companies shall cause the same to be filed, and he shall send by registered post or certificate of deliver to the partnership from which such statement has registration, been received a certificate of the registration thereof.

Registrar to keep register and index and

to advertise

13. The Registrar of Companies shall keep at his office, in proper books to be provided for the purpose, a register and an index of all the partnerships registered as aforesaid, and of all the statements registered in relation registrations. to such partnerships, and shall as soon as practicable after each registration publish in the Gazette and in one Chinese newspaper circulating in the Colony a notification of the name of the registered partnership and of the name of every registered partner therein.

Inspection of statements registered.

Powers of

14.-(1.) Any person may inspect the statements filed under this Ordinance by the Registrar of Companies, and there shall be paid for each such inspection a fce of one dollar; and any person may require a certificate of the registration of a registered partnership, or a copy of or extract from any registered statement, to be certified by the Registrar of Companies, and there shall be paid for such certificate of registration, certified copy, or extract such fees as the Governor-in-Council may appoint, not execeding $1 for the certificate of registration, and not exceeding forty cents for each folio of seventy-two words.

(2.) A certificate of registration, or a copy of or extract from any statement registered under this Ordinance, if duly certified to be a true copy under the hand of the Registrar of Companies or one of the Deputy Registrars (whom it shall not be necessary to prove to be the Registrar or Deputy Registrar) shall, in all legal proceedings, civil or criminal, and in all cases whatsoever, be received in evi- dence.

15. The Governor-in-Council may make rules con- Governor-in- cerning any of the following matters :

Council to make rules.

(a.) The fees to be paid to the Registrar of Companies under this Ordinance so that they do not exceed in the case of the original registration of a limited partnership the sum of twenty dollars and in any other case the sum of three dollars. (b.) The duties or additional duties to be performed by the Registrar of Companies for the purposes of this Ordinance.

(c.) The performance by Deputy Registrars and other officers of acts by this Ordinance required to be done by the Registrar of Companies. (d.) The forms to be used for the purposes of this

Ordinance.

(e.) The publication from time to time in the Gazette of a list of the partnerships registered under this Ordinance.

( Generally the conduct and regulation of registra- tion under this Ordinance and any matters incidental thereto.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

16. Nothing in this Ordinance shall be taken to affect Effect of any debt or liability incurred by a registered partnership or a registration registered partner or hung kú shareholder prior to the date not re- of the certificate of their respective registrations issued trospective.

under section 12.

17. This Ordinance shall come into operation on the Commence- first day of January, 1912.

Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

ment of Ordinance.

583

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 1st

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

HONGKONG.

No. 54 OF 1911.

An Ordinance to make provision for impounding

stray animals and for the disposal thereof.

F. D. LUGARD.

Governor.

[1st December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Pounds Ordin- Short title. ance, 1911.

s. 25.

2. Any animal which may be found at large without any Impounding person having the charge thereof and which may in the stray animal. opinion of any police officer appear to have been lost or to ef. 10 & 11 be doing damage may be seized and impounded by such Viet c. 89 police officer in any convenient place and may be detained therein until the owner thereof shall have paid to the Cap- tain Superintendent of Police the reasonable expenses of impounding and keeping such animal together with the pound fee.

3. The Governor-in-Council may make regulations fix- Pound fees, ing the pound fees for animals generally or for any parti- cular classes of animal. Provided however that if no such regulations shall have been made, or if the animal im- pounded does not fall within any class in respect of which à pound fee shall have been fixed, the pound fee shall be' one dollar.

4.-(1.) If the said expenses and pound fee be not paid Power to sell within three days after such impounding notice of the in- impounded tention to sell the animal shall be published in the Ga- animals.

zette.

(2.) If the expenses of impounding and keeping the animal and of the publication in the Gazette and the pound fee are not paid within seven days after the said publica- tion it shall be lawful for the Captain Superintendent of Police to cause the animal to be sold either by private treaty or by public auction as he may think fit and the purchaser thereof shall acquire a good title. If the animal should prove unsaleable or if in the opinion of the Captain Superintendent of Police it should be unsaleable it may be destroyed or otherwise disposed of as he may direct.

584

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Pound breach.

cf. 10 & 11 Vict. c. 89 s. 26.

(3.) The money arising from such sale after deducting the pound fee and the expenses of impounding and keep- ing the animal, of the publication in the Gazette and of the sale shall be paid by the Captain Superintendent of Police on demand to the owner of such animal. Provided that if such demand is not made within one month after the sale all right to make it shall cease and the money shall be paid into the General Revenue of the Colony.

5. Every person who releases or attempts to release any animal from any place where it shall have been im- pounded or who pulls down, damages or destroys such place or any part thereof with intent to procure the release of such animal shall be liable on summary con- viction to a fine not exceeding twenty-five dollars or to imprisonment for any term not exceeding three months.

Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

R. II. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 1st

Jay of December, 1911.

C. CLEMENTI,

Colonial Secretary.

Short title.

Repeals a section of Ordinance No. 16 of 1901.

Amends

Ordinance No. 34 of 1911.

HONGKONG.

No. 55 OF 1911.

An Ordinance to amend the law relating to

Stamps and Stamp Duty.

F. D. LUGARD,

Governor.

[1st December, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Stamp Further Amendment Ordinance, 1911.

2. Section 15 of the Stamp Ordinance, 1901, renumbered as section 19 thereof by the Stamp Amendment Ordinance, 1911, is hereby repealed.

3. Sub-section (4) of section 15 of the Stamp Amend- ment Ordinance, 1911, is hereby amended by the deletion of the words and figures :-

** for each (up to $1,000, . endorsement (over

"for each endorse- \

.$10

25"

and by the substitution therefor of the words and figures :

ment, andị in up to $1,000,.....10 cents.

substitution for

over

哆哆

...25 cents."

any other duty,

Amends a section of Ordinance No. 16 of 1901.

4 Section 23 of the Stamp Ordinance, 1991, renumbered as section 28 thereof by the Stamp Amendment Ordinance, 1911, is hereby amended by renumbering sub-section (3) thereof as sub-section (4) and by the insertion of the fol- lowing sub-section :-

*(3.) refusing to give a receipt duly stamped in any

case where a receipt would be liable to duty. Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

R. H. CROFTON,

Clerk of Counciis,

Assented to by His Excellency the Governor, the 1st

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

HONGKONG.

No. 56 OF 1911.

An Ordinance to amend the Stamp Duties Man-

agement Ordinance, 1911.

585

F. D. LUGARD,

Governor.

[1st December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :-

1. This Ordinance may be cited as the Stamp Duties Short title. Management Amendment Ordinance, 1911.

2. The Stamp Duties Management Ordinance, 1911, is Amends hereby amended as follows :-

(a.) in sub-section (1) of section 14 thereof by the deletion of the words "having knowledge of the concealment or deposit of any stamps

　　　　　　" and by the substitution therefor of the words "who has reason to believe that any stamps have been concealed or deposited";

(b.) in sub-section (b) of the proviso to section 19 thereof by the deletion of the words "chief office or one of the head offices" and by the substitution therefor of the word "Collector".

Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

R. II. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 1st

day of December, 1911.

Ordinance No. 35 of 1911.

C. CLEMENTI,

Colonial Secretary....

HONGKONG.

No. 57 of 1911.

An Ordinance for the Incorporation of the Trustees of the Union Church at Victoria in this Colony.

F. D. LUGARD.

Governor.

[1st December, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Union Church Short title. Incorporation Ordinance, 1911 ".

2. Messrs. John Whyte Cooper Bonnar, Duncan Clark, Incorpora- Alexander Stark Dalglish Cousland, William Griffith Hum- tion of Trus preys, Donald Macdonald, William Drew Braidwood and tees and their

general David Wood, the Trustees of the Union Church in Hong- powers. kong, and their successors or successor shall be a body corporate (hereinafter called "the said Corporation ") and shall for the purposes of this Ordinance have the name

586

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Vesting of lands and

buildings in the Corpora- tion.

Appoint ment of new

Trustees.

"The Trustees of the Union Church in Hongkong" and by that name shall have perpetual succession and shall and may sue and be sued in all Courts of Justice and before all Magistrates in this Colony, and shall and may have and use a common seal, and the said seal may from time to time break, change, alter, and make anew as to the said Corporation may seem fit; and the said Corporation shall have full 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 situate in this Colony and its Dependencies, and also to invest moneys on mort- gage of any lands, buildings, messuages or teacments in this Colony and its Dependencies, or on the mortgages, or debentures, stocks, funds, shares or securities of any Cor- poration or Company carrying on business or having an office in this Colony or its Dependencies, and also to pur- chase and acquire all manner of goods and chattels what- soever; and the sail Corporation is hereby further empowered from time to time, by deed or deeds under its seal, to grant, sell, convey, assign, surrender and yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages and tenements, mort- gages, debentures, stocks, funds, and securities, goods and chattels, by this Ordinance vested or that may hereafter be vested in the said Corporation on such terms as to the said Corporation may seem fit.

3. The pieces or parcels of ground situate, lying and being within this Colony and registered in the Land Office as Inland Lot No. 1219, Inland Lot No. 1803 and Inland Lot No. 1567 with the messuages or tenements and build- ings thereon and the Mortgage of Inland Lot No. 472 dated the 28th January, 1905, and given by Ng Ping Sam to William Griffith Humphreys and John Christopher Thom- son to secure the payment of Three thousand Dollars and interest and the Mortgage of Section B of Inland Lot No. 187 and Section B of Inland Lot No. 187A dated the 28th day of December, 1996, and given by Ng Shi Yook Hing, Wei Wah Yook, Wei Wah Song and Wei Wah Leen to William Griffith Humphreys and George Murray Bain to secure the payment of Ten thousand Dollars and interest and all moneys, securities for money, goods, chattels and effects whatsoever the property of the said Union Church or purporting so to be are hereby transferred to and vested in the said Corporation but subject as regards the said pieces or parcels of ground, messuages or tenements and buildings, to the payment of the rents and observance and performance of all the covenants, conditions and reserva- tions contained in the Crown Leases under which the same are now or may hereafter be respectively held.

4. In the event of any one of the Trustees herein specifically named or of any one of their successors to be appointed as hereinafter mentioned dying or remaining ont of the Colony continuously for more than 24 months or desiring to be discharged from the Trust or refusing or becoming unfit to act therein or incapable of acting therein a successor to the Trustee so dying or remaining out of the Colony continuously for more than 24 months or desiring to be discharged from the Trust or refusing or becoming unfit to act therein or incapable of acting therein shall be appointed at a meeting of the Scatholders-being Subscri- hers--of the said Church to be convened and held in ac- cordance with the provisions of Section 11 of this Ordinance provided that the fact of the said Trustee dying or remain- ing out of the Colony continuously for more than 24 months or desiring to be discharged from the Trust or refusing or becoming unfit to act therein or incapable of acting therein and the fact of the appointment of such successor shall be notified by the remaining Trustees or Trustee to the Colonial Secretary in writing and such notice shall be published in the Gazette and such publication shall be in all Courts and for all other purposes, sufficient evidence of such Trustee having died or remained out of the Colony continuously for more than 24 months or of such Trustee having desired to be discharged from the Trust or of his having refused or becoming unfit to act therein or of his being incapable of acting thereiu and of the due appointment of such successor.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Church.

5. The said Corporation shall permit the said Union Union Church and the buildings connected therewith now standing Church to be upon Inland Lots Nos. 1219, 1803 and 1567 and any other used as a premises which may be substituted therefor to be used, occupied and enjoyed as a Church for the public worship of God and for preaching the Gospel of the Lord Jesus Christ as well in Chinese as in English and other European languages according to the principles and usages for the time being of Protestant Evangelical Christians and for the sole object of spreading the knowledge of Christ as shall seem most agreeable to the word of God and not for the purpose of introducing or supporting Presbyterianism, Independency, Episcopacy or any other form of Church Order and Government, about which there may be differ- ence of opinion, but under such form of Church Govern- ment as the Seatholders-being Subscribers of the Union Church shall from to time direct and also, subject to such direction, for the instruction of children and adults, and for the promoting of religious and philanthropic purposes and for the providing of a residence for the Minister or Ministers.

6. All decds, documents and other instruments requir- Seal. ing the seal of the said Corporation shall be scaled with the scal of the said Corporation in the presence of two or more of the said Trustees or their successors and shall also be signed by the Secretary and by two or more of the said Trustees so present as aforesaid and such signing shall be and be taken as sufficient evidence of the due scaling of such deeds, documents and other instruments.

7. All books, deeds, papers and other documents hi- Vesting of therto kept at the Union Church or belonging or appertain- moveable ing thereto and all moneys belonging or due or owing to property and

　　　　　　　　　　　　　　　　　　　　　　　monuments, the Church and all other the property of the said Church

　　　　　　　　　　　　　　　　　　　　　　　　　　　tablets and shall hereafter be the property of the said Corporation and all monuments, tablets and memorials shall be under the care and custody of the said Corporation.

8. A Committee of Management, including a Secretary and Treasurer, shall be elected annually at a Meeting of the Seatholders-being Subscribers-of the said Union Church, to be held as herein provided and those elected at the said meeting shall appoint one of their number to be Chair- man, and shall have power to add to their number.

memorials in the Corpora- tion.

Election of a Committee of Manage- ment includ- ing Secretary and Trea-

surer.

9. The Scatholders-being Subscribers-may appoint, Appoint- as occasion may require, one or more Minister, or Ministers ment of

Ministers. to perform and carry on Divine worship and the services usual in a Protestant Evangelical Christian Church.

10. All matters connected with the religious services of Direction of the said Church shall be under the immediate direction of religious

the Minister or senior Minister for the time being subject, services.

nevertheless, to the control of the Committee of Manage-

meut.

11. All meetings shall be convened by the Minister Meetings of or senior Minister for the time being or by the Committee the Seat- of Management for the time being of the said Church holders be- or by the said Corporation or by one-fifth in number of the scribers. ing Sub-

Seatholders-being Subscribers-of the said Church en- titled to vote at such meeting by notice announcing the place, day and hour of the meeting and the business or matter to be transacted or considered and such notice shall be given at each service held on the premises on the two Lord's days immediately preceding such meeting at the usual time for giving notices during divine service,

The meeting shall be held not earlier than the Wednes- day next following the second of such two Lord's days.

The only persons who shall be entitled to attend and vote at such meeting shall be those who, whether male or female, have attained the age of 21 years and have been Seatholders and Subscribers of the said Church during at least the six calendar mouths preceding the meeting and have held one or more sittings in the said Church and sub- scribed and paid for or in respect of the same to the main- tenance of divine worship in the said Church.

587

588

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

Votes.

Management of temporal

affairs.

Powers of Committee of Manage- ment.

Regulations

to be valid until dis- approved.

Each such Seatholder shall be entitled to one vote and the vote of two-thirds in number of the said Seatholders so attending and voting shall be deemed to be the vote of, and shall bind all the Scatholders--being Subscribers-of the said Church.

The Chairman of such meeting shall be the person ap- pointed by a majority of the persons present at such meet- ing and entitled to vote.

No votes shall be given by proxy but votes may be given by ballot or otherwise at any such meeting as such meeting

shall direct.

In case of equality of votes the Chairman shall have the casting vote but shall not otherwise vote on any question before the meeting.

12. The temporal affairs of the said Church shall be managed, directed and governed by the Committee of Management provided however that the members of such Committee shall not be deemed personally liable for any payments of money in excess of that provided or available for the purposes of the said Church.

13. The Committee of Management may u ake regulations relating to all or any of the following matters namely:-

(1.) The qualification, election and tenure of office of the members of the Committee of Manage- ment of the said Church,

(2.) The holding of meetings of the Committee of Management and the conduct of the business thereat.

(3.) The temporary appointment of a Minister or Assistant Minister during the absence from any cause of the incumbent of the post.

(4.) The election and tenure of office of an auditor and the filling up of casual vacancies among the Committee of Management.

(5.) The appointment, tenure of office, salary and duties of any organist, verger or other officer or servant as the Committee of Management may think necessary or expedient.

(6.) The keeping of registers of Communicants, Seatholders and Subscribers of the said Church and of baptisms, marriages and burials. (7.) The holding of meetings of the Seatholders and Subscribers of the said Church, the right of voting and the taking and recording of the votes at such meetings (where the same is not specially provided for by this Ordinance) and the conduct of business specially thereat, (8.) The appropriation, allotment, arrangement and

use of the sittings in the said Church. (9.) The rents and subscriptions, if any, to be paid for the sittings in the said Church and the mode of collection thereof, the fees to be taken for baptisms, marriages and burials or other ser- vices and the collection and disposition of money offerings, offertories and donations. (10.) The keeping of accounts of moneys received and expended by the Committee of Manage-

ment.

(11.) The erection and maintenance of monuments, tablets or other memorials in the said Church or in the precincts thereof, and the fees to be taken therefor; and

(12.) All other matters relating to the affairs of the said Church or of the Committee of Management otherwise than where specially provided for by

this Ordinance.

14. All regulations made by the Committee of Manage- ment shall be valid unless or until they have been disap- proved at an annual or special meeting of the Seatholders and Subscribers of the said Church.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

15. The said Corporation shall permit the persons Receipt of or person appointed for that purpose by the Committee of moneys, etc. Management to receive all moneys and subscriptions given or paid for the use of pews and sittings in the said Church or otherwise contributed or subscribed for the purposes aforesaid and also the net rents arising from any lease of the premises or any part thereof and any other money in the nature of income and after payment thereout of the expenses of repairing and insuring the premises and the interest of any debt secured on the premises or in- curred in the erection, completion, repair, alteration, en- largement or improvement of the said premises to pay such sum for the support of the Minister and the Assistant Minister (if any) of the said Church as the Committee of Management shall have determined and to apply the re- mainder in payment of the incidental and other expenses attending the maintenance of divine worship or to invest the same and for the other purposes of these presents as the said Committee of Management shall direct. Provided nevertheless that moneys contributed or subscribed for any specified purpose shall be applied to such purpose.

16. The said Corporation shall in its discretion have Power to power to sue for all rents, subscriptions, fees and moneys suc. due or owing to the said Church.

etc.

17. It shall be lawful for the said Corporation to order Power to the removal of any monument, tablet or other memorial in remove the said Church or in the precincts thereof which has become monuments, ruinous, dilapidated or unsightly if the owner thereof can- not be found or refuses to properly repair and maintain such monument, tablet or memorial, to the satisfaction of the said Corporation; provided always that three months' notice of such intended removal shall be given in writing to the owner if he can be found, and, if he cannot be found, a notice signifying such intended removal shall be posted for three months upon the notice board of the said Church.

Trust for London

18. In the event of the Corporation failing to use occupy Property to and enjoy the present Union Church and the buildings con- be held in nected therewith or any other premises which may be substituted therefor for the purposes mentioned in Section 5 Missionary of this Ordinance for a period of more than two years at Society in any one time then the Corporation shall hold the said pre- certain mises with the erections and buildings thereon and all events. moneys, goods and chattels then belonging to the said Corporation in Trust for the London Missionary Society, incorporated under Ordinance No. 6 of 1891, absolutely.

19. Nothing in this Ordinance shall affect or be deemed to affect the rights of His Majesty the King, his heirs or successors, or of any bodies politic or corporate or other persons, except such as are mentioned in this Ordinance and those claiming by, from or under them.

Passed the Legislative Council of Hongkong, this 30th day of November, 1911.

Saving of certain rights.

589

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 1st day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

590

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

APPOINTMENTS, &c.

　　　　No. 373.-His Excellency the Governor has been pleased to re-appoint under the provisions of Section 10 of the Medical Registration Ordinance, 1884, (Ordinance No. 1 of 1884), Mr. MURRAY STEWART to be a Member of the Medical Board for a further term of three years, with effect from the 28th instant.

29th November, 1911.

　　　　No. 374. His Excellency the Governor has been pleased to appoint, under Section 10 of the Medical Registration Ordinance, 1884, (Ordinance No. 1 of 1884), Colonel J. M. IRWIN, Principal Medical Officer, South China Command, to be a Member of the Medical Board, with effect from the 20th instant.

30th November, 1911.

　　　　No. 375.-His Excellency the Governor has been pleased to appoint, under Section 5 of the Liquor Licences Amendment Ordinance, 1909, (Ordinance No. 46 of 1909), the Honourable Mr. ALEXANDER MACDONALD THOMSON to act as Chairman of the Licensing Board during the absence on leave of the Honourable Mr. ARTHUR WINBOLT BREWIN, C.M.G., and until further notice, with effect from the 29th November.

1st December, 1911.

NOTICES.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 376.-It is hereby notified that the following Letters Patent have been granted:

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

No. 11 of 1911.

27th Nov., 1911.

A.M.I.N.A., Con-

Joseph Brundrit, | 6, Oriel Chambers, in the

City of Liverpool.

sulting Engineer

and Naval Ar-

1st December, 1911.

chitect.

Description of Invention.

An invention for improvements relating to steam boilers or generators.

A. G. M. FLETCHER,

Registrar of Trade Marks.

592

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

No. 377.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 24

THURSDAY, 30TH NOVEMBER, 1911.

PRESENT :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops. (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

};

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCK, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE.

Mr. CHARLES HENDERSON ROSS.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 23rd November, 1911, were read and confirmed.

　　　　　FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 95 to 97, and moved that they be referred to the Finance Committee :---

No. 95.--Public Works, Recurrent, Town Clock, No. 96.--Treasury, Incidental Expenses,

$ 55.

30.

No. 97. Public Works, Extraordinary, Resumption of land in

connection with the new laying out of Shaukiwan,

350.

•

The Colonial Treasurer seconded.

Question-put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee (No. 20) dated the 23rd November, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　　　PEACE PRESERVATION AMENDMENT BILL.--The Attorney General addressed the Council and moved the First reading of the Bill entitled An Ordinance to amend the Peace Preserva- tion Ordinance, 1886.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

　　　　The Attorney General moved the suspension of the Standing Orders so that the Bill might be read a second and third time.

The Colonial Secretary seconded, and the motion was agreed to.

•

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911. 593

　　　The Attorney General then addressed the Council and moved the Second reading of the Bill.

The Colonial Secretary seconded.

His Excellency the Governor addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　On the motion of the Attorney General it was agreed that the words "or else the birch as the Court or Magistrate may specify in the sentence" be inserted after the word "cat" in the fourth line of sub-sub-section (in) of sub-section (2) of the new section 12A of the Principal Ordinance introduced by sub-section (e) of section 2 of the Bill.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time and passed.

REGISTERED PARTNERSHIPS BILL -The Attorney General moved the Third reading of the Bill entitled An Ordinance to establish Registered Partnerships and to give effect to certain Chinese Partnership Customs.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　POUNDS BILL.--The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to make provision for impounding stray animals and for the disposal thereof.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　On the motion of the Attorney General it was agreed that the word "fee" be inserted after the word "pound" in the sixth line of section 3, and that the word "uulawful" in the fourth and fifth lines of section 5 be deleted.

On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

　　　STAMP FURTHER AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the law relating to Stamps and Stamp Duty.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to. Bill read a third time and passed.

594 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

　　　　STAMP DUTIES MANAGEMENT AMENDMENT BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Stamp Duties Management Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee without amendment and moved that it be read a third time.

The Colonial Secretary seconded. Question-put and agreed to.

Bill read a third time and passed.

　　　　UNIVERSITY BILL.-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to further amend the University Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

　　　　On the motion of the Attorney General it was agreed that the following sub-sections, to be numbered (‹) and (e) respectively, be added to section 2:-

(c.) in sub-section (12) of section (4) thereof by the insertion after the word "hereto" of the words "or in such other terms as may be approved by the Governor-in-Council".

(e.) in sub-section (2) of section 12 thereof and also in sub-section (2) of section

13 thereof by the deletion of the words "in the Third Schedule heręto' and by the substitution therefor in each case of the words "referred to in section 4 (12) hereof ".

Sub-sections (c), (d), (e) and (ƒ) were re-numbered (d), (ƒ), (?) and (h).

Council resumed, the Bill being left in Committee.

　　　　　UNION CHURCH INCORPORATION BILL.-Mr. Pollock addressed the Council and moved the Second reading of the Bill entitled An Ordinance for the Incorporation of the Trustces of the Union Church at Victoria in this Colony.

Mr. Ross seconded.

Question-put and agreed to.

Council in Committee on the Bill.

On the motion of the Attorney General the following amendments were agreed to:- The words "and the survivors and the survivor of them and the Executors and Ad- ministrators of such survivor" in the fifth, sixth and seventh lines of section 2 were deleted. The words "or by the Executor or Administrator of such remaining Trustee" in the nineteenth and twentieth lines of section 4 were deleted.

　　　　The words "and any other premises which may be substituted therefor" were inserted after the figures 1567 in third line of section 5, and the word " Ministers" was substituted for the word "Pastor" in the last line thereof.

　　　　The words "and shall also be signed by the Secretary and by two or more of the said Trustees so present as aforesaid and such signing shall be and be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments were inserted at the

end of section 6.

The words "or senior Minister" were inserted after the word line of section 10.

Minister" in the third

　　　　The words or l'astor" where they twice occur in the first and second lines and the words "the direction of " in the fourth line of section 11 were deleted.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

595

The words and dashes "Seatholders-being Subscribers-" in the fourth line of the third paragraph of section 11 were deleted and the words "Seatholders and Subscribers " were substituted therefor.

　The words "or Pastor" where they twice occur in the thirteenth and fourteenth lines of section 15 were deleted.

　The word "present" was substituted for the word "said" in the second line of section 18 and the words "or any other premises which may be substituted therefor after the word "therewith" in the third line thereof.

were inserted

　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

　COMPANIES BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to consolidate and amend the Ordinances relating to Companies.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

　On the motion of the Attorney General the following sub-section to be numbered (3) was inserted at the end of section 1:-

1911.

(3.) The Court shall not, in dealing with or making orders in respect of appli- cations made to it under this Ordinance, take into consideration the fact that it may be difficult or impossible to enforce them."

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 7th December,

Read and confirmed this 7th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

APPOINTMENTS, &c."

No. 378.-His Excellency the Governor has been pleased to re-appoint, under the provisions of Section 10 of the Medical Registration Ordinance, 1884, (Ordinance No. 1 o f 1884), Dr. FREDERIC OSMUND STEDMAN to be a Member and to act as Secretary of the Medical Board for a further term of three years, with effect from the 8th instant.

4th December, 1911.

　　No. 379.-His Excellency the Governor has been pleased to re-appoint the Honourable Mr. EDBERT ANSGAR HEWETT to be a Member of the Sanitary Board for a further period of three years, with effect from the 19th instant.

6th December, 1911.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

595

The words and dashes "Seatholders-being Subscribers-" in the fourth line of the third paragraph of section 11 were deleted and the words "Seatholders and Subscribers " were substituted therefor.

　The words "or Pastor" where they twice occur in the thirteenth and fourteenth lines of section 15 were deleted.

were inserted

　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

　On the motion of the Attorney General the following sub-section to be numbered (3) was inserted at the end of section 1:-

1911.

Council resumed, the Bill being left in Committee.

ADJOURNMENT.-The Council then adjourned until Thursday, the 7th December,

Read and confirmed this 7th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD, Governor.

APPOINTMENTS, &c."

4th December, 1911.

6th December, 1911.

596

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

No. 380.-His Excellency the Governor has been pleased to re-appoint under the provisions of Section 10 of the Medical Registration Ordinance, 1884, (Ordinance No. 1 of 1884), the Honourable Mr. EDBERT ANSGAR HEWETT to be a Member of the Medical Board for a further term of three years, with effect from the 19th instant.

6th December, 1911.

No. 381.-His Excellency the Governor has with the approval of the Secretary of State for the Colonies been pleased to appoint Mr. HERBERT PINCKNEY WINSLOW to be Manager of the British Section of the Kowloon-Canton Railway, with effect from the 9th

instant.

7th December, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　　　　No. 382.-It is hereby notified that the following condition will be added to all future licences issued by the Governor under Section 21 of the Chinese Emigration Ordin- ance, 1889, (Ordinance No. 1 of 1889):---

"and upon condition that the provisions of Section 42 of Ordinance No. 1 of 1889 as amended by Section 5 of Ordinance No. 4 of 1908 shall be com- plied with ".

8th December, 1911.

C. CLEMENTI,

Colonial Secretary.

LAND REGISTRY OFFICE.

　　　　　　No. 383.-It is hereby notified for general information that Memorials of Re-entry by the Government on the following lots in the Northern District of the New Territories, namely:-

Demarcation District No. 102 Lot

1114

516

93 1576, 1934, 1952, 2688 and 2700.

189

140

160

143, 148, 241, 292, 401, 234, 239в, 661c,

318

602

D and E.

3, 38, 138, 145, 13, 41, 42, 146, 841, 859,

902, 148, 814, 1001, 36 and 115

866, 867, 869 and 870

11, 12, 4, 26, 27, 47, 57, 13, 14, 21 and 22 180 and 183

92, 157, 23, 38, 41, 104 and 162

197

•

166

ད་

147

149

363

274

155

.་

270

161

363, 368 and 370

656, 662 and 373

San Lung Wai

Village Ku Tung

Tai Wo Tsun

Wing Ling Wai

"" Toi Shan

128 House No.

583

3 and 4

153

Ha Tsün, San Wai

230

Nim Wan

}}

Tun Mun, San Hui

Sai Shan

7 and 47

have been registered according to law.

8th December, 1911.

G. H. WAKEMAN,

Land Officer.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911. 597

TREASURY.

　　　　No. 334.-0wners of property are reminded that Crown Rent for the Second Half- year of 1911 is payable at the Treasury on or before the 23rd instant.

8th December, 1911.

A. M. THOMSON, Treasurer.

SUPREME COURT.

No. 385. It is hereby notified that the name of Wong Pik Hoi's Estate, Limited, has been struck off the Register.

8th December, 1911.

HUGH A. NISBET,

Registrar of Companies.

OBSERVATORY.

No. 386.-Extract of Meteorological Observations made at the Hongkong Observa- tory during the month of November, 1911.

BARO-

TEMPERATURE.

HUMIDITY.

WIND.

METER

DATE.

AT M.S.L.

CLOUDI SUN-

NESS. SHINE.

RAIN.

Max. Mean, Min.

Rel. Abs.

Dir. Vel.

ins.

p. c.

ins.

p. c.

hrs.

ins.

Points.

Miles

p. h.

30.07

78.5

73.9 71.8

.13

74.9

72.7 70.2

.15

74.0

71.8 69.7

2403

0.75

0.3

0.780

8.7

.62

7.9

E by N

22.3

.58

1.7

0.015

E by N

18.7

.10

73.6 71.6 70.4

.56

9.3

15.8

.05

75.3

71.9

68.9 77

.60

6.0

E by N

9.9

.11

75.5

70.2

66.8 62

.46

3.5

N by E

9.8

.15

72.2 67.3 63.3 58

.38

10.3

8.8

.17

72.3

67.2 62.8 61

.41

10.2

7.4

.19

73.9 68.0

64.1 71

.49

9.2

ESE

6.6

10,

.17

73.2

69.0 65.4 70

.50

9.7

E by S

15.3

11,

.13

73.3

70.3 68.3 78

.58

6.4

E by N

19.6

12,

.11

76.9 72.6

70.4

.66

7.0

15.5

13,

.10

73.1

71.0 68.5

.66

0.175

E by N

24.8

14,

.07

74.1

71.9 68.3 87

.68

1.2

0.145

E by N

17.1

15,

.07

75.7

73.3 70.6 89

.73

3.5

0.165

E by N

18.2

16,

.07

78.8

74.6 72.0 74

.63

9.0

15.0

17,

.12

80.5

74.7 68.9 75

.65

4.7

0.010

6.5

18,

.18

76.4 70.5 66.2

.52

6.6

7.1

19,

.18

73.5 69.7 66.1 68

.49

7.9

ENE

8.1

20,

.12

75.2 69.9 64.5 71

.52

8.2

E by N

12.0

21,

.04

73.9 70.6 69.1 76

.56

8.1

19.4

22,

29.99

77.0 71.6 67.0

.59

6.7

E by N

10.5

23,

30.02

73.2 66.2 58.3

.38

10.2

NNW 10.1

24,

.07

70.1 62.9 55.7

.32

6.3

4.5

25,

.10

67.3 62.3

59.0 82

.46

0.2

0.445

N by E

3.5

26,

.13

65.4 62.2 59.0

.47

100

1.0

0.250 ENE

15.9

27,

.08

64.6 62.6 59.8 92

.52

100

28,

.13

62.8 60.8 58.5

.48

100

0.030

0.655 |NE by E

N by E

14.0

2.7

29.

.12

66.1 64.6

62.6

.52

100

0.025 E by N 21.9

30,

.10

68.4 66.9 65.0 89

.59

100

0.025 E by N│25.2

Means or Total,

30.11

73.0 69.1 65.7 76 0.55

68 155.1

2.720 E by N 13.2

MEANS OF 25 YEARS (1884 TO 1908 INCLUSIVE) FOR NOVEMBER :-

　　　Max'm, Mean, Min'm,

30.18

76.0 71.7 68.7

30.11

74.4 69.2 65.1

30.03

71.8 67.2 62.1 57 0.40

28555

0.59 0.48

73 294.6 51 189.6 122.9

7.32

17.4

1.45 NE by E 13.1 0.01

9.6

6th December, 1911.

F. G. FIGG,

Director.

598

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 8, 1911.

OFFICE OF REGISTRAR OF TRADE MARKS.

No. 387.-It is hereby notified that the following Letters Patent have been granted:-

Number.

Date of Grant.

Name of Grantee.

Address of Grantee.

Description of Invention.

No. 12 of 1911.

27th Nov., 1911.

Conrad Field Mendham, Engineer.

No. 13 of 1911.

1st Dec., 1911.

Gotthilf Ansgarius Betulander,

Engineer.

85, Gracechurch Street, London, E.C., England.

Saltsjo, Nacka, Sweden.

An invention for improvements relating to a process for clay drying.

An invention for improvements in or relating to automatic tel- ephone exchanges for double wire telephone systems.

　　　No. 388.-It is hereby notified that the registration of the following trade mark has expired and that it will be removed from the Register of Trade Marks on the 4th day of January, 1912, unless the prescribed fee for renewal of registration is paid before that date:-

Number of Trade Mark.

Name and Address of Proprietor.

Date of Expiration of Registration.

No. 188 of 1897.

Messrs. II. Price & Co.

3rd December, 1911.

The Patents Ordinances, 1892-1911.

　　　No. 389.-It is hereby notified that, on the application of the SOCIÉTÉ D'Oxygène ET ACETYLÈNE D'EXTRÊME-ORIENT of 55 Rue Paradis, Marseilles, His Excellency the Governor-in-Council has been pleased to grant to the said the SOCIETE D'OXYGENE ET ACE- TYLÈNE D'EXTRÊME-ORIENT provisional protection for a period of three months from the 4th day of December, 1911, for an invention for an improved method of and apparatus for separating gases from a liquified mixture thercof, pending the grant of Letters Patent there-

for.

A. G. M. FLETCHER,

Registrar of Trade Marks.

5th December, 1911.

600

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

LEGISLATIVE COUNCIL.

No. 390.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :--

Ordinance No. 58 of 1911.--An Ordinance to consolidate and amend the Law

relating to companies.

Companies Ordinance, 1911.

ARRANGEMENT OF SECTIONS.

Section

PART 1.

ITUTION AND INCORPORATION.

Prohibition of Large Partnerships.

Short title and application.

Prohibition of partnerships exceeding certain number,

Memorandum of Association,

Mode of forming incorporated company.

Memorandum of company limited by shares,

Memorandum of company limited by guarantee.

Memorandum of unlimited company.

Stamp and signature of memorandum.

Restriction on alteration of memorandum.

Name of company and change of name.

10.

Alteration of objects of company.

Articles of Association.

11. Registration of articles.

12. Application of Table A.

13.

Formi, stamp and signature of articles.

14.

Alteration of articles by special resolution.

General Provisions,

15.

Effect of memorandum and articles.

17.

Effect of registration.

18.

16. Registration of memorandum and articles.

Conclusiveness of certificate of incorporation.

19. Copies of memorandum and articles to be given to members.

20.

Associations not for I'r fit.

Restriction on charitable and other companies holding land. 21. Power to dispense with "limited" in name of charitable and

other companies.

Companies limited by Guarantee.

22. Provision as to companies limited by guarantee.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

PART II.

DISTRIBUTION AND REDUCTION OF SHARE CAPITAL, REGISTRATION

OF UNLIMITED COMPANY AS LIMITED, AND UNLIMITED

LIABILITY OF DIRECTORS.

Distribution of Share Capital,

Section.

23.

Nature of shares.

24.

Certificate of shares or stock.

26.

27.

28.

29.

25. Definition of member.

Annual list of members and summary. Trusts not to be entered on register.

30. Transfer by personal representative.

Registration of transfer at request of transferor.

31.

Inspection of register of members.

32.

Power to close register.

33.

Power of court to rectify register.

35.

Power for company to keep local register, Regulations as to local register.

34.

36-37.

38.

Issue and effect of share warrants to hearer.

39. Forgery, personation, unlawfully engraving plates, &c.

Power of company to arrange for different amounts being

paid on shares,

40.

41.

42.

43.

44.

45.

Power to return accumulated profits in reduction of paid-up

share capital.

Power of company limited by shares to alter its share capital. Notice to registrar of consolidation of share capital, eonversion

of shares into stock, &c.

Effect of conversion of shares into stock.

Notice of increase of share capital or of members.

46. Re-organisation of share capital.

Reduction of Share Capital.

47. Special resolution for reduction of share capital. Application to court for confirming order,

48.

49.

50.

Addition to name of company of "and reduced."

Objections by creditiors and settlement of list of objecting

creditors.

51. Order confirming reduction.

52. Registration of order and minute of reduction,

53.

Minute to form part of memorandum.

54.

Liability of members in respect of reduced shares.

55.

Penalty on concealment of name of creditor.

56.

57.

Publication of reasons for reduction.

Increase and reduction of share capital in case of a company

limited by guarantee having a share capital,

Registration of Unlimited Company as Limited.

38. Registration of unlimited company as limited.

59.

60.

Power of unlimited company to provide for reserve share

capital on re-registration.

Reserve Liability of Limited Company.

Reserve liability of limited company,

Unlimited Liability of Directors,

61. Limited company may have directors with unlimited liability. 62. Special resolution of limited company making liability of

directors unlimited.

PART III.

MANAGEMENT AND ADMINISTRATION.

Office and Name.

63. Registered office of company,

64.

Publication of name by a limited company,

601

602

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Section.

65.

Meetings and Proceedings.

Annual general meeting.

66. First statutory meeting of company.

67. Convening of extraordinary general meeting on requisition. 68. Provisions as to meetings and votes.

69.

70.

Representation of companies at meetings of other companies

of which they are members.

Definitions of extraordinary and special resolution.

71. Registration and copies of special resolutions.

72. Minutes of proceedings of meetings and directors.

Appointment, Qualification, &c. of Directors.

78. Restrictions on appointment or advertisement of director.

74. Qualification of director,

75. Validity of acts of directors.

76.

List of directors to be sent to registrar.

77.

Duties of directors as to accounts.

Contracts, &c.

78.

79.

80.

81.

Form of contracts.

Bills of exchange and promissory notes.

Execution of deeds abroad.

Power for company to have official seal for use abroad,

82. Filing of prospectus.

Prospectus.

83. Specific requirements as to particulars of prospectus.

84. Obligations of companies where no prospectus is issued,

85.

Restriction on alteration of terms mentioned in prospectus or

statement in lieu of prospectus.

86. Liability for statements in prospectus.

Allotment.

Restriction as to allotment.

Effect of irregular allotment,

87.

88.

89.

90.

Return as to allotments.

Restrictions on commencement of business.

91.

92.

Commissions and Discounts,

Power to pay certain commissions, and probibition of payment

of all other commissions, discounts, &c.

Statement in balance sheet a: to commissions and discounts.

93.

Payment of Interest out of Capital.

Power of company to pay interest out of capital in certain

94.

cases,

Certificates of Shares, &c.

Limitation of time for issue of certificates.

97.

98.

99.

100.

101.

Information as to Mortgages, Charges, Sc.

95. Registration of mortgages and charges. 96. Registration of enforcement of security.

Filing of accounts of receivers and managers, Rectification of register of mortgages.

Entry of satisfaction.

Index to register of mortgages and charges. Penalties.

102.

Company's register of mortgages.

103.

Right to inspect copies of instruments creating mortgages and

charges and company's register of mortgages.

104.

Right of debenture holders to inspect the register of debenture

holders and to have copies of trust deed.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Debentures and Floating Charges.

Section.

105. Perpetual debentures.

106. Power to re-issue redeemed debentures in certain cases. 107. Specific performance of contract to subscribe for debentures. 108. Payments of certain debts out of assets subject to floating

charge in priority to claims under the charge.

109.

Statement to be published by Banking and certain other

Companies.

Certain companies to publish statement in schedule.

Inspection and Audit.

110. Investigation of affairs of company by inspectors.

111.

Power of company to appoint inspectors.

112. Report of inspectors to be evidence.

113. Appointment and remuneration of auditors.

114.

Powers and duties of auditors.

115. Rights of preference shareholders, &c, as to receipt and inspec-

tion of reports, &e.

116.

Carrying on Business with less than the legal minimum of

Members,

Prohibition of carrying on business with fewer than seven or,

in the case of a private company, two members. Service and Authentication of Documents.

Service of documents on company,

Authentication of documents.

117. 118.

Tables and Forms.

119. Application and alteration of tables and forms.

120.

Arbitrations.

Arbitration between companies and others.

Power to compromise.

121.

Power to compromise with creditors and members.

Meaning of "Private Company."

122. Meaning of "private company."

PART IV.

WINDING UP.

Preliminary.

123.

Modes of winding up.

Contributories.

Liability as contributories of present and past members, Definition of contributory.

124.

125.

126.

Nature of liability of contributory.

127.

128.

129.

Provision as to married women.

Contributories in case of death of member.

Contributories in case of bankruptcy of member.

603

604

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Section.

130.

Winding up by Court.

Circumstances in which company may be wound up by court.

131. Company when deemed unable to pay its debts.

132.

133.

134.

135.

Provisions as to applications for winding up.

Effect of winding-up order.

Commencement of winding up by court.

Power to stay or restrain proceedings against company. 136. Powers of court on hearing petition.

137.

Actions stayed on winding-up order.

138. Copy of order to be forwarded to registrar.

139.

140.

Power of court to stay winding up.

Court may have regard to wishes of creditors or contributories,

Official Receiver,

141. Definition of official receiver.

142.

Statement of company's affairs to be submitted to official

receiver.

143. Report by official receiver.

Liquidators.

144.

Appointment, remuneration, and title of liquidators.

145. Custody of company's property.

146.

148.

Powers of liquidater.

147. Meetings of creditors and contributories in winding up.

Liquidator to give information to official receiver. 149. Payments of liquidator in winding up into bank.

Audit of liquidator's accounts in winding up. 151. Books to be kept by liquidator in winding up.

150.

152.

153.

154.

Release of liquidators.

Exercise and control of liquidator's powers.

Control over liquidators.

Committee of Inspection, Special Manager, Receiver.

155. Committee of inspection in winding up.

156. Power to appoint special manager.

157. Power to appoint official receiver as receiver for debenture

holders or creditors.

158.

Ordinary Powers of Court.

Settlement of list of contributories and application of assets.

159. Power to require delivery of property.

160.

Power to order payment of debts by contributory,

161. Power of court to make calls.

162. Power to order payment into bank.

163.

Order on contributory conclusive evidence.

164.

Power to exclude creditors not proving in time,

166.

Power to order costs.

167.

165. Adjustment of rights of contributories.

Dissolution of company.

168. Delegation to liquidator of certain powers of court.

169.

Extraordinary Powers of Court.

Power to summon persons suspected of having property of

company.

170. Power to order public examination of promoters, directors, &c.

Power to arrest absconding contributory.

171.

172. Powers of court cumulative.

Enforcement of and Appeal from Orders.

173. Power to enforce orders.

174. Appeals from order.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

605

Voluntary Winding Up.

Section.

175.

176.

178.

Circumstances in which company may be wound up volun-

tarily.

Commencement of voluntary winding up.

177. Effect of voluntary winding up on status of company.

Notice of resolution to wind up voluntarily. Consequences of voluntary winding up.

179.

180. Notice by liquidator of his appointment.

181. Rights of ereditors in a voluntary winding up. 182. Power to fill vacancy in office of liquidator.

183. Delegation of authority to appoint liquidators.

184.

185.

186.

187.

Arrangement when binding on ereditors.

Power of liquidator to accept shares, &c. as consideration for

sale of property of company.

Power to apply to court.

Power of liquidator to call general meeting.

188. Final meeting and dissolution.

189.

Costs of voluntary liquidation.

190. Saving for rights of creditors and contributories.

191.

192.

193.

194.

195.

Power of court to adopt proceedings of voluntary winding up.

Winding Up subject to Supervision of Court.

Power to order winding up subject to supervision. Effect of petition for winding up subject to supervision. Court may have regard to wishes of creditors and contri-

butories.

Power for court to appoint or remove liquidators.

196. Effect of supervision order.

197.

198.

Supplemental Provisions.

Avoidance of transfers, &c. after commencement of winding up. Debts of all descriptions to be proved.

199. Application of bankruptcy law and rules in winding up of

insolvent companies.

200. Preferential payments.

201. Fraudulent preference.

202.

Avoidance of certain attachments and executions.

203. Effect of floating charge.

204.

205.

206.

207.

General scheme of liquidation may be sanctioned.

Power of court to assess damages against delinquent directors,

&c.

Penalty for falsification of books,

Prosecution of delinquent directors, &c.

208. Penalty on perjury.

209.

210.

Meetings to ascertain wishes of creditors or contributones, Books of company to be evidence.

211. Inspection of books.

212.

Disposal of books and papers of company.

213.

214.

Power of court to declare dissolution of company void. Information as to pending liquidations,

215.

216.

Judical notice of signature of officers, Affidavits.

217. Companies liquidation account defined. 218. Separate accounts of particular estates. 219. Officers and remuneration.

220.

221.

Rules and Fees.

Rules and fees for winding up and local registers and pro-

cedure.

Fees and costs to assimilate to those in Original Jurisdiction

of Court.

Removal of Defunct Companies from Register.

222. Registrar may strike defunct company off register.

PART V.

REGISTRATION OFFICE AND FEES.

Registration offices.

223. 224.

Fees.

606

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

PART VI.

APPLICATION OF ORDINANCE TO COMPANIES FORMED AND

Section.

REGISTERED UNDER FORMER COMPANIES ORDINANCES.

225. Application of Ordinance to companies formed under former

Companies Ordinances.

226. Application of Ordinance to companies registered under former

Companies Ordinances.

PART VII.

COMPANIES AUTHORISED TO REGISTER UNDER THIS

ORDINANCE.

227. Companies capable of being registered.

228.

Definition of joint stock company.

229. Liability of bank of issue unlimited in respect of notes, 230. Requirements for registration by joint stock companies. 231. Requirements for registration by other than joint stock com-

232.

panies.

Authentication of statements of existing companies.

233. Registrar may require evidence as to nature of company. 234. On registration of banking company with limited liability,

notice to be given to customers.

235.

236.

Exemption of certain companies from payment of fees. Addition of "limited" to name.

Certificate of registration of existing companies.

238. Vesting of property on registration.

239. Saving for existing liabilities.

240.

241.

Continuation of existing actions.

Effect of registration.

242. Power to substitute memorandum and articles for deed of

243.

settlement.

Power of court to stay or restrain proceedings.

244. Actions stayed on winding-up order.

PART VIII.

WINDING UP OF UNREGISTERED COMPANIES.

245. Meaning of unregistered company.

246. Winding up of unregistered companies.

247. Contributories in winding up of unregistered company.

248.

249. 250.

251.

Power of court to stay or restrain proceedings. Actions stayed on winding-up order.

Directions as to property in certain cases.

Provisions of Part of Ordinance cumulative.

PART IX.

COMPANIES ESTABLISHED OUTSIDE THE COLONY.

252. Requirements as to companies established outside the Colony. 253. Power of companies incorporated outside the Colony to hold.

lands.

254.

PART X.

SUPPLEMENTAL.

Legal Proceedings, Offences, &c.

Prosecution of offences.

255. Applications of fines.

256.

Costs in actions by certain limited companies.

257. Power to strike off register on non payment of fine. 258.

Power of court to grant relief in certain cases.

259. Penalty for false statement.

.260. Penalty for improper use of word "Limited."

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

607

Interpretation, &c.

Section.

261. Interpretation.

Repeal of Ordinances and Transitional Provisions.

262. Repeal of Ordinances and savings.

263. Saving of pending proceedings for winding up.

264. Saving of deeds.

265.

Former registration offices, registers, official receivers, &c.

continued.

266. Saving for existing rules of procedure, &c.

267.

Substitution of provisions of this Ordinance for provisions of

repealed Ordinances.

268, Saving for Life and Fire Insurance Companies Ordinances,

Commencement of Act.

269.

SCHEDULES.

HONGKONG.

No. 58 OF 1911.

An Ordinance to consolidate and amend the

Law relating to companies.

F. D. LUGARD,

Governor.

[8th December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:

1.--(1) This Ordinance may be cited as the Companies Short title. Ordinance, 1911.

(2) This Ordinance applies to every company registered Application. in this Colony either before or after the commencement of

this Ordinance and notwithstanding that the whole or part

of its business is or may be carried on elsewhere.

(3) The Court shall not, in dealing with or making Powers of orders in respect of applications made to it under this the Court. Ordinance, take into consideration the fact that it may be difficult or impossible to enforce them.

PART I.

CONSTITUTION AND INCORPORATION.

Prohibition of Large Partnerships.

2. No company, association, or partnership consisting Prohibition of more than twenty persons shall be formed for the of partner- purpose of carrying on the business of banking or any ing certain

　　　　　　　　　　　　　　　　　　　　　　　　ships exceed- other business that has for its object the acquisition of gain number. by the company, association, or partnership, or by the 8 Edw. 7 c. individual members thereof, unless it is registered as a 69 s. 1. company under this Ordinance, or is formed under or in pursuance of some other Ordinance, or Act, or of a Charter of incorporation, or of letters patent.

608

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Mode of forming in- corporated

company. * Edw. 7 c. 69 s. 2.

Memoran- dum of company limited by shares.

Ib. s. 3.

Memoran- dum of

company limited by guarantee. Ib, s. 4.

Memoran-

dum of unlimited

company. Ib. s. 5.

Memorandum of Association.

3. Any seven or more persons (or, where the com- pany to be formed will be a private company within the meaning of this Ordinance, any two ΟΙ inore persons) associated for any lawful purpose may, by subscribing their names to a memorandum of association and otherwise complying with the requirements of this Ordinance in respect of registration, form an incorporated company, with or without limited liability (that is to say), either--

(2) A company having the liability of its members 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

(i) A company having the liability of its members limited by the memorandum to such amount as the members may respectively thereby under- take to contribute to the assets of the company in the event of its being wound up (in this Ordinance termed a company limited by guar- antee); or

(ii) A company not having any limit on the liability of its members (in this Ordinance termed an unlimited company),

4. In the case of a company limited by shares-- (1) The memorandum must state-

(i) The name of the company, with "Limited a8

the last word in its name ;

(i) The address in the Colony at which the regis- tered office of the company is to be situate;

(i) The objects of the company ;

(iv) That the liability of the members is limited ;

(r) The amount of share capital with which the company proposes to be registered, and the division thereof into shares of a fixed amount: (2) No subscriber of the memorandum may take less than one share :

(3) Each subscriber must write opposite to his name the number of shares he takes.

5. In the case of a company limited by guarantee--- (1.) The memorandum must state-

(i) The name of the company, with "Limited" as

the last word in its name;

(ii) The address in the Colony at which the regis-

tered office of the company is to be situate;

(iii) The objects of the company;

(iv) That the liability of the members is limited; (v) 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 afterwards, 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.

(2) If the company has a share capital-

(i) The memorandum must also state the amount of share capital with which the company proposes to be registered and the division thereof into shares of a fixed amount;

(i) No subscriber of the memorandum may take

less than one share ;

(iii) Each subscriber must write opposite to his

name the number of shares he takes.

6. In the case of an unlimited company-

(1) The memorandum must state-

(i) The name of the company;

(ii) The address in the Colony at which the registered office of the company is to be situate;

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

609

(ii) The objects of the company.

(2) If the company has a share capital-

(4) No subscriber of the memorandum may take

less than one share ;

(77) Each subscriber must write opposite to his

name the number of shares he takes.

7. The memorandum must bear the same stamp as if it Stamp and were a deed, and must be signed by each subscriber in the signature of presence of at least one witness who must attest the signa- mem

ture.

memoran-

8 Edw. 7 c. 69 s. 6.

8. A company may not alter the conditions contained Restriction in its memorandum except in the cases and in the mode on alteration and to the extent for which express provision is made in of memoran- this Ordinance,

dum. Ib. s. 7.

andchange of name. Ib. s. 8.

9.-(1) A company may not be registered by a name Name of identical with that by which a company in existence is company already registered, or so nearly resembling that name as 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.

(2) If a company, through inadvertence or otherwise, is, without such consent as aforesaid, registered by a name identical with that by which a company in existence is previously registered, or so nearly resembling it as to be calculated to deceive, the first-mentioned company may, with the sanction of the registrar, change its name.

(3) Any company may, by special resolution and with approval of the Governor signified in writing, change its

naine.

(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.

(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 com- menced against by its new name.

10.-(1) Subject to the provisions of this section a Alteration of company may, by special resolution, alter the provisions of objects of its memorandum with respect to the objects of the com- pany, so far as may be required to enable it-

(a) to carry on its business more economically or

more efficiently; or

(b) to attain its main purpose by new or improved

means; or

tions: or

(d) to carry on some business which under existing circumstances may conveniently or advanta- geously be combined with the business of the company; or

(e) to restrict or abandon any of the objects speci-

fied in the memorandum.

(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 determined, or has been secured to the satisfaction of the court:

company. Ib. s. 9.

610

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Registration of articles.

8 Edw. 7 c. 69 s. 10.

Application of Table A. Ib. s. 11.

Form, stamp, and signature of articles.

Ib. s. 12.

Provided that the court may, in the case of any person

or class, for special reasons, dispense with the notice re- quired by this section.

(4) The court may make an order confirming the altera- tion either wholly or in part, and on such terms and conditions as it thinks fit, and may make such order as to costs as it thinks proper.

(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 arrange- ment 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 may be expended in any such purchase.

(6) An office copy of the order confirming the alteration, together with a printed copy of the memorandum as altered, shall, within twenty-eight days from the date of the order, be delivered by the company to the registrar of companies, and he shall register the same, and shall certify the registration under his hand, and the certificate shall be conclusive evidence that all the requirements of this Ordin- ance with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum 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 doring which it is in default.

Articles of Association.

11.-(1) 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 memoran- duni articles of association signed by the subscribers to the memorandum and prescibing regulations for the company.

(2) Articles of association may adopt all or any of the regulations contained in Table A in the First Schedule to this Ordinance.

(3) In the case of an unlimited company or a company limited by guarantee the articles, if the company has a share capital, must state the amount of share capital with which the company proposes to be registered.

(4) In the case of an unlimited company or a company limited by guarantee, if the company has not a share capital, the articles must state the number of members with which the company proposes to be registered, for the purpose of enabling the registrar to determine the fees payable on registration.

12. In the case of a company limited by shares and 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 regula tions in Table A in the First Schedule to this Ordinance, 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.

13. Articles must-

(a) be printed;

(b) be divided into paragraphs numbered consecu-

tively;

in a deed; and

(d) be signed by each subscriber of the memorandum of association in the presence of at least one witness who must attest the signature.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

611

14. Subject to the provisions of this Ordinance and to Alteration of the conditions contained in its memorandum, a company articles by may by special resolution alter or add to its articles; and special reso- any alteration or addition so made shall be as valid as if 8 Edw. 7 c. originally contained in the articles, and be subject in like 69 s. 13. manuer to alteration by special resolution.

General Provisions,

lution.

articles.

15.-(1) The memorandum and articles shall, when re- Effect of gistered, bind the company and the members thereof to the memoran- same extent as if they respectively had been signed and dum and sealed by cach member, and contained covenants on the part 77. s. 14. of each member, his heirs, executors, and administrators, to observe all the provisions of the memorandum and of the articles, subject to the provisions of this Ordinance.

(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 shall be of the nature of a specialty debt.

16. The memorandum and the articles (if any) shall be Registration- delivered to the registrar of companies, and he shall retain of memoran- and register them.

dum and articles. Ib. s. 15.

17.-(1) On the registration of the memorandum of a Effect of company the registrar shall certify under his hand that the registration. company is incorporated, and in the case of a limited b. s. 16. company that the company is limited.

(2) From the date of incorporation mentioned in the certificate of incorporation, the subscribers of the memor- andum together with such other persons as may from time

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 company, and having perpetual succession and a common seal, with power to hold lands, but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up as is mentioned in this Ordinance.

corporation.

18. (1) A certificate of incorporation given by the Conclusive- registrar in respect of any association shall be conclusive ness of cer- evidence that all the requirements of this Ordinance in tificate of in- respect of registration and of matters precedent and 16. s. 17. incidental thereto have been complied with, and that the association is a company authorised to be registered and duly registered under this Ordinance.

(2) A statutory declaration by a solicitor engaged in the formation of the company, or by a person uamed 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.

19.-(1) Every company shall send to every member, Copies of at his request, and on payment of one dollar or such less memoran- sum as the company may prescribe, a copy of the memor- andum and of the articles (if any).

(2) If a company makes default in complying with the requirements of this section, it shall be liable for each offence to a fine not exceeding ten dollars.

Associations not for Profit.

dum and articles to be given te members. 1b, s. 18.

on charitable

20. A company formed for the purpose of promoting Restriction art, science, religion, charity, or any other like object, not and other involving the acquisition of gain by the company or by its companies individual members, shall not, without the licence of the holding land. Governor, hold more than two acres of land; but the Ib. s. 19. Governor may by licence empower any such company to hold lands in such quantity, and subject to such conditions, as he may think fit,

21.-(1) Where it is proved to the satisfaction of the Power to dis- Governor that an association about to be formed as a pense with

　　　　　　　　　　　　　　　　　　　　　　　　"Limited limited company is to be formed for promoting commerce, in name of art, science, religion, charity, or any other useful object, charitable and intends to apply its profits (if any) or other income in and other

612

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

companies.

8 Edw. 7 c. 69 s. 20.

Provision as

promoting its objects, and to prohibit the payment of any dividend to its members, the Governor may by licence direct that the association be registered as a company with limited liability, without the addition of the word "Limited" to its name, and the association may be registered accord- ingly.

(2) A licence by the Governor under this section may be granted on such conditions and subject to such regulations as the Governor may think fit, and those conditions and regulations shall he 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 and directors and managers 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.

Companies limited by Guarantee.

22. (1) In the case of a company limited by guarantee to companies and not having a share capital, and registered on or after limited by

the date of the coming into operation of this Ordinance, guarantee. Ib. s. 21. every provision in the memorandum 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,

Nature of shares. 1b. s. 22.

Certificate of shares or

stock.

Ib. s. 23.

Definition of member. 10. S. 24.

(2) For the purpose of the provisions of this Ordinance 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 any company limited by guarantee and registered on or after the date of the coming into operation of this Ordinance, purporting to divide the undertaking of the company into shares or interests shall be treated as a provision for a share capital, notwithstanding that the nominal amount or number of the shares or interests is not specified thereby.

PART II.

DISTRIBUTION AND REDUCTION OF SHARE CAPITAL, REGISTRATION OF UNLIMITED COMPANY AS LIMITED, AND UNLIMITED

LIABILITY OF DIRECTORS,

Distribution of Share Capital.

23.-(1) The shares or other interest of any member 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.

24 A certificate, under the common seal of the company, specifying any shares or stock held by any member, shall be prima facie evidence of the title of the member to the

shares or stock.

25.-(1) The subscribers of the memorandum of a com- pany shall be deemed to have agreed to become members of the

company, and on its registration shall be entered as members in its register of members.

(2) Every other person who agrees to become a member of a company, and whose name is entered in its register of members, shall be a member of the company.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 613

26.-(1) Every company shall keep in one or more books Register of a register of its members, and enter therein the following members.

8 Edw. 7 c. particulars :-

69 s. 25.

() The names and addresses, and the occupations, if any, of the members, 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; in the case of Chinese members their names and addresses, and oc- cupations, if any, shall be given in Chinese characters.

(7) The date at which each person was entered in

the register as a member ;

(i) The date at which any person ceased to be a

member.

(2) If a company fails to comply with this section it shall be liable to a fine not exceeding fifty dollars for every day during which the default continues; and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

27.-(1) Every company having a share capital shall Annual list once at least in every year make a list of all persons who, of members on the day of the ordinary annual general meeting in the and sum- year, are members of the company, and of all persons who mary. 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 members their names and addresses, and occupations, if any, in 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 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 :-

(a) The amount of the share capital of the company and the number of the shares into which it is divided;

(b) The number of shares taken from the commence- ment of the company up to the date of the

return;

(c) The amount called up on each share; (d) The total amount of calls received; (e) The total amount of calls unpaid ; (/) The total amount of the suns (if any) paid by way of commission in respect of any shares or debentures, or allowed by way of discount in respect of any debentures, since the date of the last return;

(g) The total number of shares forfeited ; (4) The total amount of shares or stock for which share warrants are outstanding at the date of the return;

(i) The total amount of share warrants issued and surrendered respectively since the date of the last return:

(k) The number of shares or amount of stock com-

prised in each share warrant ;

(7) The names and addresses of the persons who at the date of the return are directors of the company, or occupy the position of directors, by whatever name called ;

(m) The total amount of debt due from the company in respect of all mortgages and charges which are required to be registered with the registrar of companies under this Ordinance;

Ib. s. 26.

614

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Trusts not to be entered

on register.

8 Edw. 7 c.

69 s. 27.

Registration of transfer

at request of

transferor. Ib. s. 28.

(2) In the case of a company which has a local register licence under section 35 of this Ordin- ance the number of shares on such local register and their distinguishing numbers or marks if

any.

(3) The summary must also (except where the company is a private company) include a statement, made up 10 the same date as the profit and loss account and balance sheet referred to in section 77, in the form of a balance sheet, audited by the company's auditors, and containing a summary of its share capital, its liabilities, and its assets, giving such particulars as will disclose the general nature of those liabilities and assets, and how the values of the fixed assets have been arrived at. Such summary shall also include a statement of profit and loss.

(4) The above list and summary must be contained in a separate part of the register of members, and must be completed within thirty-one days after the ordinary ammual general meeting aforesaid, and the company must forthwith forward to the registrar of companies a copy signed by the manager or by the secretary of the company.

(5) If a company makes default in complying with the requirements of this section it shall be liable to a fine not exceeding fifty dollars for every day during which the default continues, and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

28. No notice of any trust, expressed, implied, or con- structive, shall be entered on the register, or be receivable by the registrar.

29. On the application of the transferor of any share or interest in a company, the company shall cuter in its register of members the name of the transferee in the same manner and subject to the same conditions as if the application for the entry were made by the transferce.

Transfer by

30. A transfer of the share or other interest of a deceased personal re- member of a company made by his personal representative presentative. shall, although the personal representative is not himself a member, be as valid as if he had been a member at the time of the execution of the instrument of transfer.

Tb. s. 29.

Inspection of register of members. Ib. s. 30.

31.-(1) The register of members, commuencing from the date of the registration of the company, shall be kept at the registered office of the company, and, except when 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) he open to the inspection of the registrar of companies or of any member without fee, and to the inspection 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, or of the list and summary required by this Ordinance, or any part thereof, on payment of twenty-five cents or such less sum as the company may prescribe, for every hundred words fractional part thereof required to be copied.

(3) If any inspection or copy required under this section is refused, the company shall be liable for each refusal to a fine not exceeding twenty dollars, and to a further fine not exceeding twenty dollars for every day during which the refusal continues, and every director and manager of the company who knowingly authorises or permits the refusal shall be liable to the like penalty: and, any judge of the court, may by order compel an immediate inspection of the register.

(4) If such inspection or copy cannot be obtained at the registered office of the company with the exercise of a reasonable amount of diligence the company shall be liable to the same penalities as if such inspection or copy had been actually refused.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911

32. A company may, on giving notice by advertisement Power in some newspaper circulating in the Colony, and in the to close register. case of a company with a local register also in some news- 8 Edw. 7 c paper circulating in the place where the local register is kept, close the register of members for time

　　　　　　　　　　　　　　　　　　　　any times not exceeding in the whole thirty days in each year.

33. (1) If

69 s. 31.

Power of court to

(a) the name of any person is, without sufficient rectify

cause, entered in or omitted from the register 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.

(2) The application may be made by motion in the court, or by application to a judge of the court sitting in chambers, or in such other manner as the court may direct; and 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 any 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 members, 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.

Ib. s. 32.

34. The register of members shall be prima facie evidence Register to of any matters by this Ordinance directed or authorised to be inserted therein.

be evidence. Ib. 9. 33.

35.-(1) The registrar of companies may subject to Registrar instruction from the Governor issue an annual licence, may license available for the period of one year, to any company whose companies to

keep local objects comprise the transaction of business outside the registers. Colony, empowering such company, if it is authorized so to Ord. 20 of do by its regulations as originally framed or as altered by 1909 s. 2. 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 satisfy the re- gistrar by a statutory declaration to be filed with him that a principal 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 thirty-first day of December next following the date on which it is issued: Provided always that where the period between the date of the issue of a licence and the thirty-first day of December next following is less than a year a proportionate part only of the fee in sub-section (2) shall be charged.

(2) An annual fee at the rate of four cents for every Ordinance 16 hundred dollars of the paid up capital of the company to of 1997 s. 4. which the licence is issued shall be paid by such company in respect of such licence Such fee shall be paid to the

Colonial Treasurer within four mouths of the date of the licence.

(3) The company shall give to the registrar notice of the situation of the office where any such register (in this Ordinance called a local register) is kept or proposed to be kept, and of any change therein, and of the discontinuance of any such office in the event of the same being discontinued.

615

616

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Notice to

company keeping a

without a

consequent

thereon.

Ord. 16 of 1907 s. 6.

(4) A local register shall, as regards the particulars entered therein, be deemed to be a part of the company's register of members, and shall be primâ facie evidence of all particulars entered therein. Any such register shall be kept in the manner provided by this Ordinance, with this qualification, that the advertisement mentionel in section 36 shall be inserted in some newspaper circulating in the district wherein the register to be closed is kept.

(5) The company shall transmit to its registered office in Hougkong a copy of every entry in its local register or registers as soon as may be after such entry is made, and the company shall cause to be kept at its registered office, duly entered up from time to time, a duplicate or duplicates of its local register or registers. The provisions of section 26 shall apply to every such duplicate, and every such duplicate shall, for all the purposes of this Ordinance, he deemed to be part of the register of members of the

company.

(6) Subject to the provisions of this Ordinance with respect to the duplicate register, the shares registered in a local register shall be distinguished from the shares regis- tered in the principal register and no transaction with respect to any share registered in a local register shall, during the continuance of the registration of such share in such local register, be registered in any other register.

(7) The company may discontinue the keeping of any local register, and thereupon all entries in that register shall be transferred to some other local register kept by the company, or to the register of members kept at the register- ed office of the company.

(8) In relation to stamp duties the following provisions shall have effect :-

(4) An instrument of transfer of a share registered in a local register under this Ordinance, shall, unless executed within the Colony, be exempt from stamp duty.

The share or other interest of a deceased mem- ber registered in a local register under this Ordinance shall as far as relates to Colonial probate duty not be deemed to be part of his estate and effects situated in the Colony for or in respect of which probate or letters of admin- istration is or are to be granted or whereof an inventory is to be exhibited and recorded. (c) Subject to the provisions of this Ordinauce, and of any rules made thereunder, any company may by its regulations as originally framed, or as altered by special resolution, make such provisions as it may think fit respecting the keeping of local registers.

36.-(1.) When the registrar has reasonable cause to believe that a company is keeping in any place where it transacts business outside the Colony a register of members local register without having a

yalid licence under this Ordinance licence and he shall publish in the Gazette and send to the com- proceedings pany 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 be shown be struck off the register and the company will be dissolved. (2) 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 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,

(3) 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 mem- her may apply to the court, and the court, if it be 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 HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

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.

(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 persous who subscribed the memorandum, addressed to him at the address mentioned in the memorandum.

37. If a company makes default in complying with any Penalty. of the provisions of section 35 or of any rule or regulation Ord. 16 of relating thereto it shall be liable to a penalty not exceeding 1907 s. 7. fifty dollars for every day during which the default con- tinues and every director or manager of the company who knowingly or wilfully authorises or permits the default shall be liable to the like penalty.

warrants to bearer.

38.-(1) A company limited by shares, if so authorised Issue and by its articles, may, with respect to any fully paid-up shares, effect of or to stock, issue under its common seal a warrant stating that the bearer of the warrant is entitled to the shares or stock therein specified, and may provide, by coupons or 8 Edw. 7 c. otherwise, for the payment of the future dividends on the 69 s. 37. shares or stock included in the warrant, in this Ordinance termed a share warrant.

(2) A share warrant shall entitle the bearer thereof to the shares or stock therein specified, and the shares or stock may be transferred by delivery of the warrant.

(3) The bearer of a share warrant shall, subject to the articles of the company, be entitled, on surrendering it for cancellation, to have his name entered as a member in the register of members; and the company shall be responsible for any loss incurred by any person by reason of the com- pany entering in its register the name of a bearer of a share warrant in respect of the shares or stock therein specified without the warrant being surrendered and cancelled.

(4) The bearer of a share warrant may, if the artigles 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 ; except that he shall not be qualified in respect of the shares or stock specified in the warrant for being a director or manager of the company, in cases where such qualifica- tion is required by the articles.

(5) On the issue of a share warrant the company shall strike out of its register of members the name of the mem- ber then entered therein as holding the shares or stock specified in the warrant as if he had ceased to be a member, and shall enter in the register the following particulars, namely

(4) The fact of the issue of the warrant ;

(7) A statement of the shares or stock included in the warrant, distinguishing each share by its number; and

(7) The date of the issue of the warrant.

(6) Until the warrant is surrendered, the above parti- culars 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 as if it were the date at which a person ceased to be a member.

39.-(1) If any person-

Forgery,

(4) with intent to defraud, forges or alters, or personation,

offers, utters, disposes of, or puts off, knowing unlawfully

　　　　　　　　　　　engraving the same to be forged or altered, any share

　　　　　　　　　　　plates, &c. warrant or coupon, or any document purporting b. s. 38. to be a share warrant or coupon, issued in pur- suance of this Ordinance; or by means of any such forged or altered share warrant, coupon, or document, purporting as aforesaid, demands or endeavours to obtain or receive any share or interest in any company under this Ordinance,

617

618

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power of company to arrange for different amounts being paid on shares.

8 Edw. 7 c. 69 s. 39.

Power to" return ac- cumulated profits in reduction of paid-up share capital.

Ib. s. 40.

or to receive any dividend or money payable in respect thereof, knowing the warrant, coupon, or document to be forged or altered; or (ii) 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 endea- vours to obtain any such share or interest or share warrant or coupon, or receives or endea- vours 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 being convicted thereof shall be liable, at the discretion of the court, to imprison- ment with hard labour for life.

(2) If any person without lawful authority or excuse, proof whereof shall lie on him, engraves or makes on any plate, wood, stone, or other material any share warrant or coupon purporting to be a share warrant or coupon issued or made by any particular company in pursuance of this Ordinance, or to be a blank share warrant or coupon so issued or made, or to be a part of such a share warrant or coupon, or uses any such plate, wood, stone, or other material for the making or printing of any such share war- rant or coupon, or of any such blank share warrant or coupon, or any part thereof respectively, or knowingly has in his custody or possession any such plate, wood, stone, or other material, he shall be guilty of felony, and being con- victed thereof shall be liable, at the discretion of the court, to imprisonment with hard labour for any term not exceed- ing fourteen years,

40. A company, if so authorised by its articles, may do any one or more of the following things; namely,--

(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 who assents thereto 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.

41.-(1) When a company has accumulated a sum of undivided profits, which with the sanction of the share- holders may be distributed among the shareholders in the form of a dividend or bonus, it may, by special resolution, return the same, or any part thereof, to the shareholders in reduction of the paid-up capital of the company, the unpaid capital being thereby increased by a similar amount.

(2) The resolution shall not take effect until a memorau- dum, showing the particulars required by this Ordinance in the case of a reduction of share capital, has been pro- duced to and registered by the registrar of companies, but the other provisions of this Ordinance with respect to reduction of share capital shall not apply to a reduction of paid-up share capital under this section.

(3) On a reduction of paid-up capital in pursuance of this section any shareholder, or any one or more of several joint shareholders, may within one month after the passing of the resolution for the reduction, require the company to retain, and the company shall retain accordingly, the whole of the money actually paid on the shares held by him either alone or jointly with any other person, which, in consequence of the reduction, would otherwise be returned to him or them, and thereupon those shares shall, as regards the payment of dividend, be deemed to be paid up to the same extent only as the shares on which payment has been accepted by the shareholders in reduction of paid-up capital, and the company shall invest and keep invested the money so retained on fixed deposit in such bank as the directors may determine, and on the money so invested or on so

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

much thereof as from time to time exceeds the amount of calls subsequently made on the shares in respect of which it has been retained, the company shall pay the interest received from time to time on the deposits.

(4) The amount retained and invested shall be held to represent the future calls which may be made to replace the share capital so reduced on those shares, whether the amount obtained on sale of the whole or such proportion thereof as represents the amount of any call when made produces more or less than the amount of the call.

(5) On a reduction of paid-up share capital in pursuance of this section, the powers vested in the directors of making calls on shareholders in respect of the amount unpaid on their shares shall extend to the amount of the unpaid share capital as augmented by the reduction.

(6) After any reduction of share capital under this section the company shall specify in the annual list of members required by this Ordinance the amounts retained at the request of any of the shareholders in pursuance of this section, and shall specify in the statements of account laid before any general meeting of the company the amount of undivided profits returned in reduction of paid-up share capital under this section.

42.-(1) A company limited by shares, if so authorised by its articles, may alter the conditions of its memorandum as follows (that is to say), it may

new

Power of company limited by shares to

(a) increase its share capital by the issue of alter its

shares of such amount as it thinks expedient; 8 Edw. 7 c.

share capital. (b) consolidate and divide all or any of its share 69 s. 41.

capital into shares of larger amount than its existing shares ;

(e) 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 memor- andum, 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 with respect to subdivision of shares must be exercised by special resolution.

(3) Where any alteration has been made under this section in the memorandum of a company, every copy of the memorandum issued after the date of the alteration shall be in accordance with the alteration.

If a company makes default in complying with this provision it shall be liable to a fine not exceeding ten dollars for each copy in respect of which default is made; and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

(4) A cancellation of shares in pursuance of this section shall not be deemed to be a reduction of share capital with- in the meaning of this Ordinance.

registrar of consolidation

43. Where a company having a share capital has con- Notice to solidated and divided its share capital into shares of larger amount than its existing shares, or converted any of its shares into stock, or reconverted stock into shares, it shall give notice to the registrar of companies of the consolida- tion, division, conversion, or reconversion specifying the shares consolidated, divided, or converted, or the stock converted.

re-

of share capital, con- version of shares into stock, &c. 7b. s. 42.

619

620

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Effect of conversion of shares into stock.

8 Edw. 7 c. 69 s. 43.

Notice of

increase of

or of mem- bers. Tb. s. 44.

44. Where a company having a share capital has con- verted any of its shares into stock, and given notice of the conversion to the registrar of companies, all the provisions of this Ordinance which are applicable to shares only shall cease as to so much of the share capital as is converted into stock; and the register of members of the company, and the list of members to be forwarded to the registrar, shall show the amount of stock held by each member in- stead of the amount of shares and the particulars relating to shares hereinbefore required by this Ordinance.

45.-(1) Where a company having a share capital, whether its shares have or have not been converted into stock, share capital has increased its share capital beyond the registered capital, and where a company not having a share capital has in- ereased the number of its members beyond the registered number, it shall give to the registrar of companies, in the ease of an increase of share capital, within twenty-eight days after the passing, or in the case of a special resolution the confirmation, of the resolution authorising the increase, and in the case of an increase of members within fifteen days after the increase was resolved on or took place, notice of the increase of capital or members, and the registrar shall record the increase.

Reorgani- sation of

share capital.

Ib. s. 45.

Special

resolution

of share

(2) If a company makes default in complying with the requirements of this section it shall be liable to a fine not exceeding fifty dollars for every day during which the default continues, and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

46.-(1) A company limited by shares may, by special resolution confirmed by an order of the court, modify the conditions contained in its memorandum so as to reorganise its share capital, whether by the consolidation of shares of different classes or by the division of its shares into shares

of different classes :

Provided that no preference or special privilege attached to or belonging to any class of shares shall be interfered with except by a resolution passed by a majority in mum- ber of shareholders of that class holding three-fourths of the share capital of that class and confirmed at a meeting of shareholders of that class in the same manner as a special resolution of the company is required to be con- firmed, and every resolution so passed shall bind all share- holders of the class.

(2) Where an order is made under this section an office copy thereof shall be filed with the registrar of companies within seven days after the making of the order, or within such further time as the court may allow, and the resolution shall not take effect until such a copy has been so filed.

Reduction of Share Capital,

47.-(1) Subject to confirmation by the court, a com- pany limited by shares, if so authorised by its articles, may

for reduction by special resolution reduce its share capital in any way, and in particular (without prejudice to the generality of the foregoing power) may-

capital.

Ib. s. 46.

(a) Extinguish or reduce the liability on any of its shares in respect of share capital not paid up ;

(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 unrepre- sented by available assets; or

(c) Either with or without extinguishing or reduc- ing 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 memoran- dum by reducing the amount of its share capital and of its shares accordingly.

(2) A special resolution under this section is in this Or- dinance called a resolution for reducing share capital.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 621

43. Where a company has passed and confirmed a re- Application solution for reducing share capital it may apply by petition to court for to the court for an order confirming the reduction.

confirming order.

8 Edw. 7 c. 69 s. 47.

of "and

49. On and from the confirmation by a company of a re- Addition to solution for reducing share capital, or where the reduction name of does not involve either the diminution of any liability in company respect of unpaid share capital or the payment to any share- reinced." holder of any paid-up share capital, then on and from the Ib. s. 48. presentation of the petition for confirming the reduction, the company shall add to its name, until such date as the court may fix, the words "and reduced," as the last words in its name, and those words shall, until that date, be deemed to be part of the name of the company :

Provided that, where the reduction does not involve 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 it thinks expedient, dispense altogether with the addition of the words "and reduced."

and settle-

50.--(1) Where the proposed reduction of share capital Objections involves either diminution of liability in respect of unpaid by creditors. share capital or the payment to any shareholder of any paid- ment of list up share capital, and in any other case if the court so directs, of objecting every creditor of the company who at the date fixed by the creditors. court is entitled to any debt or claim which, if that date 16. s. 49. were the commencement of the winding up of the company. would be admissible in proof against the company, shall be entitled to object to the reduction.

(2) The court shall settle a list of creditors so entitled to object, and for that purpose shall ascertain, as far as possi- ble without requiring an application from any creditor, the names 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.

(3) Where a creditor entered on the list whose debt or claim is not discharged or 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 pay- ment of his debt or claim by appropriating, as the court may direct, the following amount; (that is to say,)-

(7) If the company admits the full amount of his debt or claim, or, though not admitting it, is willing to provide for it, then the full amount of the debt or claim:

(7) If the company does not admit or 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.

51. The court, if satisfied, with respect to every creditor Order of the company who under this Ordinance is entitled to ob- confirming ject to the reduction, that either his consent to the reduction reduction. has been obtained or his debt or claim has been-discharged 2b. s. 50. or has determined, or has been secured, may make an order confirming the reduction on such terms and conditions as it thinks fit.

minute of reduction. B. s. 51.

52. (1) The registrar of companies on production to Registration him of an order of the court confirming the reduction of the of order and 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.

(2) On the registration, and not before, the resolution for reducing share capital as confirmed by the order so registered shall take effect.

622

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Minute to

form part of

memoran- dum.

8 Edw. 7 c. 69 s. 52.

Liability of members in respect of reduced shares.

Ib. s. 53.

of name of creditor. Ib. s. 54.

(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 regis- tration of the order and minute, and his certficate shall be conclusive evidence that all the requirements of this Or- dinance 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.

53.-(1) The minute when registered shall be deemed to be substituted for the corresponding part of the memor- andum of the company, and shall be valid and alterable as if it had been originally contained therein; and must be embodied in every copy of the memorandum issued after its registration,

(2) If a company makes default in complying with the requirements of this section it shall be liable to a fine not exceeding ten dollars for each copy in respect of which default is made, and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

54. A member of the company, past or present, shall not be liable in respect of any share to any call or contri- bution exceeding in amount the difference (if any) between the amount paid, or (as the case may be) the reduced amount, if any, which is to be deemed to have been paid, on the share and the amount of the share as fixed by the mi-

nute :

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--

(i) every person who was a member of the company at the date of the registration of the order for reduction and minute, shall be liable to contri- bute for the payment of that debt or claim au amount not exceeding the amount which he would have been liable to contribute if the com- pany had commenced to be wound up on the day before that registration; and

() 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 contributories in a winding up.

Nothing in this section shall affect the rights of the contributories among themselves.

Penalty on

55. If any director, manager, or officer of the company concealment wilfully conceals the name of any creditor entitled to object to the reduction, or wilfully misrepresents the nature or amount of the debt or claim of any creditor, or if any director or manager of the company aids or abets in or is privy to any such concealment or misrepresentation as aforesaid, every such director, manager, or officer shall be guilty of a misdemeanor.

Publication

of reasons for reduction.

Ib. s. 55.

56. In any case of reduction of share capital, the court may require 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 give proper information to the public, and, if the court thinks fit, the causes which led to the reduction.

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 623

in case of a

57. A company limited by guarantee and registered on Increase and or after the date of the coming into operation of this Or- reduction of dinance, may, if it has a share capital, and is so authorised share capital by its articles, increase or reduce its share capital in the company same manner and subject to the same conditions in and limited by subject to which a company limited by shares may increase guarantee or reduce its share capital under the provisions of this having a

share capital. 8 Edw. 7 c.

Ordinance,

Registration of Unlimited Company as Limited,

69 s. 56.

limited.

58.--(1) Subject to the provisions of this section, any Registration company registered as unlimited may register under this of unlimited Ordinance as limited, or any company already registered as company as a limited company, may re-register under this Ordinance, Ib. s. 57. but the registration of an unlimited company as a limited company shall not affect any debts, liabilities, obligations, or contracts incurred or entered into by, to, with, or on behalf of the company before the registration, and those debts, liabilities, obligations, and contracts may be enforced in manner provided by Part VII of this Ordinance in the case of a company registered in pursuance of that Part.

(2) On registration in pursuance of this section the re- gistrar 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 registration 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 Ordinance or 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 company.

59. An unlimited company having a share capital may, Power of by its resolution for registration as a limited company in unlimited pursuance of this Act, do either or both of the following company to things, namely:

(a) 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 ; (b) Provide that a specified portion of its uncalled share capital shall not be capable of being called up except in the event and for the purposes of the company being wound up.

Reserve Liability of Limited Company,

provide for reserve share

capital on re- registration.

Ib. s. 58.

company.

60. A limited company may by special resolution deter- Reserve mine that any portion of its share capital which has not liability been already called up shall not be capable of being called of limited up, except in the event and for the purposes of the company 1955. being wound up, and thereupon that portion of its share capital shall not be capable of being called up except in the event and for the purposes aforesaid.

Unlimited Liability of Directors.

61.-(1) In a limited company the liability of the Limited directors or managers, or of the managing director, may, if company so provided by the memorandum, be unlimited.

may have

directors

unlimited liability. Ib. s. 60.

(2) In a limited company in which the liability of a with 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 exceeding one thousand

624

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Special reso- lution of

limited com- pany making liability of

directors un- limited.

$ Edw. 7 c. 69 s. 61.

Registered office of

company. Ib. s. 62.

Publication of name by a limited

company.

Ib. s. 63.

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.

62.-(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 confirmation of any such special resolution the provisions thereof shall be as valid as if they had been originally contained in the memorandum; and a copy thereof shall be embodied in or annexed to every copy of the memor- andum issued after the confirmation of the resolution.

(3) If a company makes default in complying with the requirements of this section, it shall be liable to a fine not exceeding ten dollars for each copy in respect of which de- fault is made; and every director or manager of the com- pany who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

PART III.

MANAGEMENT AND ADMINISTRATION.

Office and Name.

63.-(1) Every company shall have a registered office in the Colony 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 to the registrar of com- panies, who shall record the same.

(3) If a company carries on business without complying with the requirements of this section it shall be liable to a fine not exceeding fifty dollars for every day during which it so carries on business.

64. (1) Every limited 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, and on the outside of its registered office, in a conspicuous position, in letters easily legible:

(b) shall have its name mentioned in legible charac-

ters on its seal :

(c) shall have its name mentioned in legible charac- ters in all notices, advertisements, and other official publications of the company, and in all bills of exchange, promissory notes, endorse- ments, 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: (d) any limited company with a Chinese name or using a Chinese equivalent shall append the Chinese characters 有限公司

(2) If a limited company does not paint or affix, and keep painted or affixed, its name in mauner directed by this Ordinance, it shall be liable to a fine not exceeding fifty dollars for not so painting or affixing its name, and for every day during which its name is not so kept painted or affixed, and every director and manager of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

(3) If any director, manager, or officer of a limited com- pany, or any person on its behalf, uses or authorises the use of any seal purporting to be a seal of the company whereon its name is not so engraven as aforesaid, or 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, order for money or goods, or issues or authorises to be issued any bill of parcels, invoice, receipt, or letter of credit of the 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

company,

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

•

holder of any such bill of exchange, promissory note, cheque, or order for money or goods, for the amount thereof, unless the same is duly paid by the company.

Meetings and Proceedings.

65.-(1) A general meeting of every company shall be Annual held once at the least in every calendar year, and not more general

meeting. than fifteen months after the holding of the last preceding 8 Edw. 7 c. general meeting, and, if not so held, the company and every co9 s. 64. director, manager, secretary, and other officer of the com- pany, who is knowingly a party to the default, shall be liable to a fine not exceeding five hundred dollars.

(2) When default has been made in holding a meeting of the company in accordance with the provisions of this section, the court may, on the application of any member of the company call or direct the calling of a general meeting of the company.

66.-(1) Every company limited by shares and regis- First statu- tered on or after the date of the coming into operation of tory meeting

of company. this Ordinance shall, within a period of not less than one

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　Ib. s. 65. 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 directors shall, at least seven days before the day on which the meeting is held, forward a report (in this Ordinance called "the statutory report ") to every member of the company and to every other person entitled under this Ordinance to receive it.

(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, distinguish-

ing shares allotted as fully or partly paid up otherwise than in cash, and stating in the case of shares partly paid up the extent to which they are so paid up, and in either case the consideration for which they have been allotted; (b) the total amount of cash received by the com- pany in respect of all the shares allotted, distinguished as aforesaid ;

(c) an abstract of the receipts of the company on account of its capital, whether from shares or debentures, and of the payments made thercont, up to a date within seven days of the date of the report, exhibiting under distinctive head- ings 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, managers (if any), and se- eretary of the company; and

(e) the particulars of any contract, the modification of which is to be submitted to the meeting 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 by this section required, to be filed with the registrar of companies 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 commencement of the meeting, and to remain open and accessible to any member of the company during the continuance of the meeting.

625

626

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Convening

of extra- ordinary general

meeting on requisition. 8 Edw. 7 c. 69 s. 66.

Provisions

as to meet- ings and

votes.

Ib. s. 67.

Representa-

tion of com- panies at meetings of other com- panies of

which they

are members. Ib. s. 68.

(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 accord- ance 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, 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) If a petition is presented to the court in manner provided by Part IV of this Ordinance for winding up the company on the ground of default in filing the statutory report or in holding the statutory meeting, the court may, instead of directing that the company be wound up, give directions for the statutory report to be filed or a meeting to be held, or make such other order as may be just.

(10) The provisions of this section as to the forwarding and filing of the statutory report shall not apply in the case of a private company,

67.-(1) Notwithstanding anything in the articles of a company, the directors of a company shall, on the requisi- tion of the holders of not less than one-tenth of the issued share capital of the company upon which all calls or other sums then due have been paid, forthwith proceed to convene an extraordinary general meeting of the company.

(2) The requisition must state the objects of the meet- ing, 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 proceed to cause a meeting to be held within twenty-one days from the date of the requisition being so deposited, the requisitionists, or majority of them in value, may themselves convene the meeting, but any meeting so convened shall not be held after three months from the date of the deposit.

(4) If at any such meeting a resolution requiring con- firmation at another meeting is passed, the directors shall forthwith convene a further extraordinary general meeting for the purpose of considering the resolution and, if thought fit, of confirming it as a special resolution; and, if the directors do not convene the meeting within seven days from the date of the passing of the first resolution, the requisi- tionists, or a majority of them in value, may themselves convene the meeting,

(5) Any 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.

68. In default of, and subject to, any regulations in the articles-

(2) A meeting of a company may be called by seven days' notice in writing, served on every member in manner in which notices are.required to be served by Table A in the First Schedule to this Ordinance :

(ii) Five members may call a meeting:

(i) Any person elected by the members present at

a meeting may be chairman thereof : (iv) Every member shall have one vote,

69. A company which is a member of another company may, by resolution of the directors, authorise any of its officials or any other person to act as its representative at any meeting of that other company, and the person so authorised shall be entitled to exercise the same powers on behalf of the company which he represents as if he were an individual shareholder of that other company.

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

627

70.-(1) A resolution shall be an extraordinary resolu- Definitions tion when it has been passed by a majority of not less than of extra- three fourths of such members entitled to vote as are ordinary

　　　　　　　　　　　　　　　　　　　　　　　　and special present in person or by proxy (where proxies are allowed) resolution. at a general meeting of which notice specifying the inten- 8 Edw. 7 c. tion to propose the resolution as an extraordinary resolution 69 s. 69. has been duly given.

(2) A resolution shall be a special resolution when it has

been---

(a) passed in manner required for the passing of an

extraordinary resolution; and

(b) confirmed by a majority of such members en- titled to vote as are present in person or by proxy (where proxies are allowed) at a subse- quent general meeting, of which notice has been duly given, and held after an interval of not less than fourteen days, nor more than one mouth, from the date of the first meeting.

(3) At any meeting at which an extraordinary resolution is submitted to be passed or a special resolution is submit- ted to be passed or confirmed, a declaration of the chairman that the resolution is carried shall, unless a poll is demand- ed, 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 resolution is submitted to be passed or a special resolution is sub- mitted to be passed or confirmed a poll may be demanded, if demanded by three persons for the time being entitled according to the articles to vote, unless the articles of the company require a demand by such number of such per- sons, not in any case exceeding five, as may be specified in the articles.

(5) When a poll is demanded in accordance with this section, in computing the majority on the poll reference shall be had to the number of votes to which each member is entitled by the articles of the company,

(6) For the purposes of this section notice of a meeting shall be deemed to be duly given and the meeting to be duly held when the notice is given and the meeting held in manner provided by the articles.

resolutions.

71.-(1) A copy of every special and extraordinary re- Registration solution shall within twenty-eight days from the confirmation and copies of the special resolution, or from the passing of the extra- of special ordinary resolution, as the case may be, be printed and Ib. s 70. forwarded to the registrar of companies, who shall record the same.

(2) Where articles have been registered, a copy of every special resolution for the time being in force shall be embo- died in or annexed to every copy of the articles issued after the confirmation of the resolution.

(3) Where articles have not been registered, a copy of every special resolution shall be forwarded in print to any member at his request, on payment of fifty cents or such less sum as the company may direct.

(4) If a company makes default in printing or forward-" ing a copy of a special or extraordinary resolution to the registrar it shall be liable to a fine not exceeding twenty dollars for every day during which the default continues.

(5) If a company makes default in embodying in or an- nexing to a copy of its articles or in forwarding in print to a member when required by this section a copy of a special resolution, it shall be liable to a fine not exceeding ten dollars for each copy in respect of which default is made.

(6) Every director and manager of a company who know- ingly and wilfully authorises or permits any default by the company in complying with the requirements of this section shall be liable to the like penalty as is imposed by this section on the company for that default,

Minutes of

72.-(1) Every company shall cause minutes of all pro- ceedings of general meetings and of its directors to be proceedings entered in books kept for that purpose.

and directors.

lb. s. 71.

628

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Restrictions on appoint-

ment or advertise- ment of director.

8 Edw. 7 c. 69 s. 72.

Qualification of director. Ib. 8. 73.

Validity of

(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.

(3) Until the contrary is proved, every general meeting of the company or meeting of directors in respect of the proceedings whereof minutes have been so made shall be deemed to have duly held and convened, and all proceed- ings had thereat to have been duly had, and all appoint- ments of directors, or liquidators, shall be deemed to be valid.

Appointment, Qualification, and Duties, &c., of Directors.

73.-(1) A person shall not be capable of being appoint- ed director of a company by the articles, and shall not be named as a director or proposed director of a company in any prospectus issued by or on behalf of the company, or in any statement in lieu of prospectus filed by or on behalf of a company, unless, before the registration of the articles or the publication of the prospectus, or the filing of the statement in lieu of prospectus, as the case may be, he has by himself or by his agent authorised in writing-

(7) signed and filed with the registrar of companies a con-

sent in writing to act as such director; and (ii) either signed the memorandum for a number of shares not less than his qualification (if any), or signed and filed with the registrar a contract in writing to take from the company and pay for his qualification shares (if any).

(2) On the application for registration of the memoran- dinn 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 appli- cant shall be liable to a fine not exceeding five hundred dollars.

(3) This section shall not apply to a private company nor to a prospectus issued by or on behalf of a company after the expiration of one year from the date at which the company is entitled to commence business.

74.-(1) Without prejudice to the restrictions imposed by the last foregoing section, it shall be the duty of every director who is by the regulations of the company required to hold a specified share qualification, 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 regulations of the company.

(2) 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 regulations of the company, obtain his qualification, or if after the expiration of such period or shorter time he ccases at any time to hold his qualification; and a person vacating office under this section shall be incapable of being re-appointed director of the company until he has obtained his qualification,

(3) If after the expiration of the said period or shorter time any unqualified person acts as a director of the company, he shall be liable on conviction to a fine not exceeding fifty dollars for every day between the expiration of the said period or shorter time and the last day on which it is proved that he acted as a director.

75. The acts of a director shall be valid notwithstand- acts of direc-ing any defect that may afterwards be discovered in his

appointment or qualification.

tors.

Ib. s. 74.

List of direc- tors to be sent to registrar.

Ib. s. 75.

76 −(1) Every company shall keep at its registered office a register containing the names and addresses and the occupations of its directors, and send to the rezistrar of companies a copy thereof, and from time to time notify to the registrar any change among its directors.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

629

(2) If default is made in compliance with this section, the company shall be liable to a fine not exceeding fifty dollars for every day during which the default continues; and every director of the company who knowingly and wilfully authorises or permits the default shall be liable to the like penalty.

Duties of Directors as to Accounts. 77.-(1) The directors shall cause true accounts to be kept-

Of the sums of money received and expended by the company and the matter in respect of which such receipt and expenditure takes place, and Of the assets and liabilities of the company. (2) 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.

(3) 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 conferred by statute or authorised by the directors or by the company in general meeting.

(4) Once at least in every year the directors shall lay before the company in general meeting a profit and loss account for the period since the preceding account or (in the case of the first account) since the incorporation of the company, made up to a date not more than six months before such niceting.

(5) A balance sheet shall be made out in every year and laid before the company in general meeting made up to a date not more than six months before such meeting. The balance sheet shall be accompanied by a report of the directors as to the state of the company's affairs, and the amount which they recommend to be paid by way of dividend, and the amount, if any, which they propose to carry to a reserve fund.

(6) A copy of the balance sheet and report shall, seven days previously to the meeting, be sent to the persons entitled to receive notices of general meetings in the manner in which notices are to be given hereunder.

(7) If default is made in compliance with any of the provisions of this section every director of the company who knowingly and wilfully authorises or permits the default shall be liable to a time not exceeding five hundred dollars.

Contracts, &c.

78.-(1) Contracts on behalf of a company may be made as follows (that is to say) :-

(7) Any contract which if made between private persons would be by law required to be in writing under seal, may be made on behalf of the company in writing under the common seal of the company, and may in the same manner be varied or discharged :

(i) Any 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, and may in the same manner be varied or dis- charged:

(777) Any 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, and may in the same man- ner be varied or discharged.

(2) All contracts made according to this section shall be effectual in law, and shall bind the company and its succes- sors and all other parties thereto, their heirs, executors, or administrators as the case may be.

Duties of

Directors as

to accounts.

Form of

contracts.

8 Edw. 7 c.

69. 76.

630

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Bills of ex- change and promissory notes. 8 Edw. 7 c. 69 s. 77.

Execution of deeds abroad. Ib. s. 78.

Power for company to have official seal for use abroad. Ib. s. 79.

Filing of prospectus. Ib. s. 80.

Specific re- quirements as to par- ticulars of prospectus. 7b. s. 81.

79. 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.

80. 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; and every deed signed by such attorney, on behalf of the company, and under his seal, shall bind the company, and have the same effect as if it were under its common seal.

81.-(1) A company whose objects require or comprise the transaction of business outside the Colony may, if authorised by its articles, have for use in any territory, district, or place not situate in the Colony, an official seal, which shall be a facsimile of the common seal of the com- pany, with the addition on its face of the name of every territory, district, or place where it is to be used.

(2) A company having such an official seal may, by writing under its common seal, authorise any person ap- pointed for the purpose in any territory, district, or place not situate in the Colony, to affix the same to any deed or other document to which the company is party in that territory, district, or place.

(3) The authority of any such agent shall, as between the company and any person dealing with the agent, con- tinue 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.

(4) The person affixing any such official seal shall, by writing under his hand, on the deed or other document to which the seal is affixed, certify the date and place of affixing the same.

(5) 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.

Prospectus.

82.-(1) Every prospectus issued by or on behalf of a company or in relation to any intended company shall be dated, and that date shall, unless the contrary be 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 di- rector of the company, or by his agent authorised in writing, shall be filed for registration with the registrar of compa- nies on or before the date of its publication, and no such prospectus shall be issued until a copy thereof has been so filed for registration.

(3) The registrar shall not register any prospectus unless it is dated, and the copy thereof signed, in manner re- quired by this section.

(4) Every prospectus shall state on the face of it that a copy has been filed for registration as required by this sec-

tion.

(5) If a prospectus is issued without a copy thereof being so filed, 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 filed.

83.-(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 state-

(a) the contents of the memorandum, with the names descriptions, and addresses of the signatories, and the number of shares subscribed for by them respectively; and 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; and

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(b) 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; and

directors or proposed directors; and

(d) the minimum subscription on which the directors may proceed to allotment, and the amount payable on application and allotment ou 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, and the amount actually allotted, and the amount, if any, paid on the shares so allotted ; and

(e) the

number and amount of shares and debentures 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 deben- tures have been issued or are proposed or in- tended to be issued; and

(ƒ) the names and addresses of the vendors of any property purchased or acquired by the company, or proposed so to be purchased or ac- quired, which is to be paid for wholly or partly out of the proceeds of the issue offered for subscription by the prospectus, or the purchase or acquisition of which has not been completed at the date of issue of the prospectus, and the amount payable in cash, shares, or debentures to the vendor, and where there is more than one separate vendor, or the company is a sub- purchaser, the amount so payable to each vendor: Provided that, where the vendors or

any

of them are a firm the members of the firm shall not be treated as separate vendors ; and (g) the amount (if any) paid or payable as purchase money in cash, shares, or debentures, for any such property as aforesaid, specifying the amount (if any) payable for goodwill; and (h) the amount (if any) paid within the two preceling years, or payable, as commission for subscribing or agreeing to subscribe, or pro- curing or agreeing to procure subscriptions, for any shares in, or debentures of, the company, or the rate of any such commission: Provided that it shall not be necessary to state the commission payable to sub-underwriters; and (i) the amount or estimated amount of preliminary

expenses; and

(j) the amount paid within the two preceding years, or intended to be paid to any promoter, and the consideration for any such payment;

and

(k) the dates of and parties to every material cop- tract, and a reasonable time and place at which any material contract or a copy thereof may be inspected: Provided that this requirement shall not apply to a contract entered into in the ordinary course of the business carried on or intended to be carried on by the company, or to any contract entered into more than two years before the date of publication of the prospectus; and

(1) the

names and addresses of the auditors of the company; and

(m) 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 in- terest of such a director 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

631

632

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Obligations

where no prospectus is issued.

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 com- pany; and

(n) where the company is a company having shares of more than one class, the right of voting at meetings of the company conferred by the several classes of shares respectively.

(2) For the purposes of this section every person shall 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 issue of the prospectus; or

6) 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; or (c) the contract depends for its validity or fulfilment

on the result of such issue.

(3) Where any of the property to be acquired by the company is to be taken on lease, this section shall apply as if the expression "vendor included the lessor, and the expression "purchase money included the consideration for the lease, and the expression "sub-purchaser" included a sub-lessee.

(4) 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.

(5) Where any such prospectus as is mentioned in this section is published as a newspaper advertisement, it shall not be necessary in the advertisement to specify the con- tents of the memorandum or the signatories thereto, and the number of shares subscribed for by them.

(6) In the event of non-compliance with 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, if he proves.that-

(4) as regards any matter not disclosed, he was not

cognisant thereof; or

(b) the non-compliance arose from an bouest mistake

of fact on his part.

Provided that in the event of non-compliance with the requirements coutained in paragraph (m) of sub-section (1) of this section no director or other person shall incur any liability in respect of such non-compliance unless it be proved that he had knowledge of the matters not disclosed.

(7) This section shall not apply to a circular or notice inviting members or debenture holders of a company to subscribe either for shares or for debentures of the com- pany, whether with or without the right to renounce in favour of other persons, but subject as aforesaid, this section shall apply to any prospectus whether issued ou or with reference to the formation of a company or subse- quently.

(8) The requirements of this section as to the memoran- dum 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 preliminary expenses, shall not apply in the case of a prospectus issued more than one year after the date at which the company is entitled to commence business.

(9) 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.

84.--(1) A company which does not issue a prospectus of companies on or with reference to its formation, shall not allot any of its shares or debentures unless before the first allotment of either shares or debentures there has been filed with the registrar of companies 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 parti- culars set out in the Second Schedule to this Ordinance.

8 Edw. 7 c, 69 s. 82.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 633

•

(2) This section shall not apply to a private company or to a company which has allotted any shares or debentures before the date of the coming into operation of this Or- dinance.

85. A company shall not previously to the statutory Restriction meeting vary the terms of a contract referred to in the on alteration prospectus or statement in lieu of prospectus, except subject of terms to the approval of the statutory meeting.

mentioned in prospectus

or statement in lieu of

prospectus. 8 Edw. 7 c. 60 s. 83.

Ib. s. 84.

86.-(1) Where a prospectus invites persons to sub- Liability for scribe for shares in or debentures of a company, every statements person who is a director of the company at the time of the in pros- issue of the prospectus, and every person who has authori- pectus, sed the naming of him and is named in the prospectus as a director or as having agreed to become a director either immediately or after an interval of time, and every promoter of the company, and 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-

(a) With respect to every untrue statement not purporting to be made on the authority of an expert, or of a public official document or state- ment, that he had reasonable ground to believe, and did up to the time of the allotment of the shares or debentures, as the case may be, be- lieve, that the statement was true; and (b) With respect to every untrue statement pur- porting to be a statement by or contained in what purports to be a copy of or extract from a report or valuation of an export, that it fairly represented the statement, or was a correct and fair copy of or extract from the report or valuation. Provided that the director, person named as director, promoter, or person who authorised the issue of the prospectus, shall be liable to pay compensation as aforesaid if it is proved that he had no reasonable ground to believe that the person making the statement, report, or valuation was competent to make it ; and

(e) With respect to every untrue statement purport- ing 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 docu- ment, that it was a correct and fair representa- tion of the statement or copy of or extract from the document :

or 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 it was issued without his authority or consent; or

(7) that the prospectus was issued without his knowledge or consent, and that on becoming aware of its issue be forthwith gave reasonable public notice that it was issued without his knowledge or consent; or

(ii) that after the issue of the prospectus and before allotment thereunder, he, on becoming aware of any untrue statement therein, withdrew his consent thereto, and gave reasonable public notice of the withdrawal, and of the reason therefor..

(2) Where a company existing before the date of the coming into operation of this Ordinance, has issued shares or debentures, and for the purpose of obtaining further capital by subscriptions for shares or debentures issues a prospectus, a director shall not be liable in respect of any statement therein, unless he has authorised the issue of the prospectus, or has adopted or ratified it.

634

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Restriction

as to allot-

ment.

8 Edw. 7 c.

69 s. 85.

(3) Where the prospectus contains the name of a person as a director of the company, or as having agreed to be- come 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.

(4) 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 pros- pectus, becomes liable to make any payment 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.

(5) For the purposes of this section-

The expression promoter" means a promoter who was a party to the preparation of the pros- pectus, 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 profes- sion gives authority to a statement made by him.

Allotment.

87.--(1) No allotment shall be made of any share capital of a company offered to the public for subscription, unless the following conditions have been complied with, namely:---

(a) the amount (if any) fixed by the memorandum or articles of association and named in the prospectus as the minimum subscription upon which the directors may proceed to allotment;

(b) if no amount is so fixed and named, then the whole amount of the share capital so offered for subscription,

has been subscribed, and the sum payable on application for the amount so fixed and named, or for the whole amount offered for subscription, has been paid to and received by the company.

(2) The amount so fixed and named and the whole amount aforesaid shall be reckoned exclusively of any amount payable otherwise than in cash, and is in this Or- dinance 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 nomiual amount of the share.

(4) If the conditions aforesaid have not been complied 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 the applicants 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 loss 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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(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.

(7) In the case of the first allotment of share capital payable in cash of a company which does not issue any in- vitation to the public to subscribe for its shares, no allotment shall be made unless the minimun subscription (that is to *ay):-

(a) the amount (if any) fixed by the memoranduma or articles and named in the statement in lieu of prospectus as the minimum subscription upon which the directors may proceed to allotment ;

(b) if no amount is so fixed and named, then the whole amount of the share capital other thau that issued or agreed to be issued as fully or partly paid up otherwise than in cash,

has been subscribed and an amount not less than five per cent. of the nominal amount of each share payable in cash has been paid to and received by the company.

This subsection shall not apply to a private company or to & company which has allotted any shares or debentures before the date of the coming into operation of this Or- dinance.

88.- (1) Au allotment made by a company to an ap- Effect of plicant in contravention of the provisions of the last irregular foregoing section shall be voidable at the instance of the allotment. applicant within one month after the holding of the statu-

8 Edw. 7 c. 69 s. 86. tory meeting of the company 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 contravenes or permits or authorises the contravention of any of the provisions of the last foregoing section with respect to allot- ment 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 Provided that proceedings to recover any such loss, damages, or costs shall not be commenced after the expira- tion of two years from the date of the allotment.

89.-(1) A company shall not commence any business Restrictions or exercise any borrowing powers unless---

on com- mencement

Ib. s. 87.

(a) shares held subject to the payment of the whole of business.

amount thereof in eash have been alletted to an amount not less in the whole than the mini- mum subscription; 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 prosportion payable on application and allotment on the shares offered for public subscription, or in the case of a company which does not a propectus inviting the public to sub- scribe for its shares, on the shares payable in cash; and

(c) there has been filed with the registrar of com- panies a statutory declaration by the secretary or one of the directors, in the prescribed form, that the aforesaid conditions have been com- plied with and

(d) in the case of a company which does not issue a prospectus inviting the public to subscribe for its shares, there has been filed with the registrar of ec

ompanies a statement in lieu of prospectus.

(2) The registrar of companies shall, on the filing of this statutory declaration, certify that the company is entitled to commence business, and that certificate shall be conclusive evidence that the company is so entitled:

635

636

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Return as to allotments. 8 Edw. 7 c. 69 s. 88.

Provided that in the case of a company which does not issue a prospectus inviting the public to subscribe for its shares the registrar shall not give such certificate unless a statement in lieu of a prospectus has been filed with him.

(3) Any contract made by a company before the date at which it is entitled to commence business shall be pro- visional only, and shall not be binding on the company until that date, and on that date it shall become binding.

(4) Nothing in this section shall prevent the simultaneous offer for subscription or allotment of any shares and de- bentures or the receipt of any money payable on application for debentures.

(5) 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.

(6) Nothing in this section shall apply to a private company, or to a company registered before the date of the coming into operation of this Ordinance which does not issue a prospectas inviting the public to subscribe for its shares.

90. (1) Whenever a company limited by shares makes any allotment of its shares, the company shall within six weeks thereafter file with the registrar of companies--

(a) a return of the allotments, stating the number and nominal amount of the shares comprised in in the allotment, the names, addresses, and descriptions of the allottees, 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 such allotment together with any contract of sale, or for services or other consideration in respect of which such 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.

•

(2) Where such a contract as above mentioned is not reduced to writing, the company shall within one mouth after the allotment file with the registrar of companies 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, 1901, or any Ordinance amending the same and the registrar may, as a condition of filing the particulars, require that the duty payable thereon' be ad- judicated under section 9 of that Ordinance.

(3) If default is made in complying with the requirements of 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 default continues :

Provided that, in case of default in filing with the regis- trar of companies within six weeks after the allotment any document required to be filed 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 file 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 filing of the document for such period as the court may think proper.

}

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Commissions and Discounts.

certain com-

91.-(1) It shall be lawful for a company to pay a com- Power to pay mission to any person in consideration of his subscribing or agreeing to subscribe, whether absolutely or conditionally, missions, and

　　　　　　　　　　　　　　　　　　　　　　　　prohibition for any shares in the company, or procuring or agreeing to of payment procure subscriptions, whether absolute or conditional, for of all other any shares in the company, if the payment of the commis- commis- sion is authorised by the articles, and the commission paid sions, dis- or agreed to be paid does not exceed the amount or rate so authorised, and if the amount or rate per cent, of the com- mission paid or agreed to be paid is-

(a) In the cases of shares offered to the public for

subscription, disclosed in the prospectus; er (5) 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 filed with the registrar of companies, and, where a circular or notice, not being a prospectus, inviting sub- scriptions for the shares is issued, also disclosed in that circular or notice.

(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 absolutely 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 he 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 heretofore been lawful for a company to pay, and a vendor to, promoter of, or other person who receives payment in money or shares from, a company 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.

counts, &c.

8 Edw. 7 c. 69 s. 89.

92. Where a company has paid any sums by way of Statement in commission in respect of any shares or debentures, or balance sheet allowed any sums by way of discount in respect of any as to com- debentures, the total amount so paid or allowed, or so much missions and thereof as has not been written off, shall be separately stated 17. s. 90.

n every balance sheet of the company until the whole amount thereof has been written off.

Payment of Interest out of Capital.

discounts.

93. Where any shares of a company are issued for the Power of purpose of raising money to defray the expenses of the con- company to pay interest struction of any works or buildings or the provision of any out of capital plant which cannot be made profitable for a lengthened in certain period, the company may pay interest on so much of that cases. share capital as is for the time being paid up for the Ib. s. 91. period and subject to the conditions and restrictions in this section mentioned, and may charge the same to capital as part of the cost of construction of the work or building, or the provision of plant :

Provided that-

(1) No such payment shall be made unless the same is authorised by the articles or by special resolution:

(2) No such payment, whether authorised by the articles or by special resolution, shall be made without the previous sanction of the court: (3) Before sanctioning any such payment the court may, at the expense of the company, appoint a person to inquire and report to them as to the circumstances of the case, and may, before making the appointment, require the company to give security for payment of the costs of the inquiry :

·637

638

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Limitation

of time for issue of cer- tificates.

8 Edw. 7 c. 69 s. 92.

Registration

(4) The payment shall be made only for such period as may be determined by the court; and such period shall in no case extend beyond the close of the half year next after the half year during which the works or buildings have been actually completed or the plaut provided:

(5) The rate of interest shall in no case exceed six per cent. per annum or such lower rate as may for the time being be prescribed by the

Court:

(6) 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:

(7) 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.

Certificates of Shares, &c.

94.-(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 registration of the transfer of any such shares, debentures, or debeature stock, complete and have ready for delivery the certificates of all shares, debentures, and the certificates of all debenture stock allotted or transferred, unless the conditions of issue of the shares, debentures, or debenture stock other- wise provide.

(2) If default is made in complying with the require- ments of this section, the company, and every director, manager, secretary, and other officer of the company who is knowingly a party to the default, shall be liable to a not exceeding fifty dollars for every day during which the default continues.

fine

Information as to Mortgages, Chargeɛ, &e,

　95.-(1) Every mortgage or charge created after the of mortgages date of the coming into operation of this Ordinance by a and charges company registered in the Colony and being either----

in Colony.

Tb. s. 93.

(4) a mortgage or charge for the purpose of securing

any issue of debentures; er

(b) a mortgage or charge on uncalled share capital

of the company; or

(2) a mortgage or charge created or evidenced by an instrument which, if executed by an indivi- dual, would require registration as a bill of sale; or

(d) a mortgage or charge on any land, wherever

situate, or any interest therein; or

(e) a mortgage or charge on any hook delas of the

company; or

(/^) a floating charge on the undertaking er property

of the company,

shall, so far as any security on the company's property or undertaking is thereby conferred, be void ainst the liquidator and any creditor of the company, unless the prescribed particulars of the mortgage or charge. together with the instrument (if any) by which the mortgage or 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 mortgage or charge becomes void under this section the money secured thereby shall im- mediately become payable:

Provided that-

(7) In the case of a mortgage or charge created out of the Colony comprising solely property situate outside the Colony, the delivery to and the receipt by the registrar of a copy of the in- strument by which the mortgage or charge is

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911

created or evidenced, verified in the prescribed manner, 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, shall be substituted for five weeks after the date of the creation of the mortgage or charge, as the time within which the particulars and instrument or copy are to be delivered to the registrar; and

(77) where the mortgage or charge is created in the Colony but comprises property outside the Colony, the instrument creating or purport- ing to create the mortgage or charge may be sent for registration, notwithstanding that further proceedings may be necessary to make the mortgage or charge valid or effectual according to the law of the country in which the property is situate; and

(7) where a negotiable instrument has been given secure the payment of any book debts of a company, 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 mortgage or charge on those book debts; and

(i) the holding of debentures entitling the holder to a charge on land shall not be deemed to be an interest in land.

(2) The registrar shall keep, with respect to each com- pany, a register in the prescribed form of all the mortgages and charges created by the company after the date of the coming into operation of this Ordinance, and requiring registration under this section, and shall, on payment of the prescribed fee, enter in the register, with respect to every such mortgage or charge, the date of creation, the amount secure by it, short particulars of the property mortgaged or charged, and the names of the mortgagees or persons entitled to the charge.

(3) Where a series of debentures containing, or giving by reference to any other instrumeut, any charge to the benefit of which the debenture holders of that series are entitled pari passu is created by a company, it shall be sufficient if there are delivered to or received by the regis- trar 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

(e) a general description of the property charged;

and

(d) the names of the trustees, if any, for the deben-·

ture holders;

together with the deed containing the charge, or, if there is no such deed, one of the debentures of the series, and the registrar shall, on payment of the prescribed fee, enter those particulars in the register :

Provided that, where more than one issue is made of de- bentures 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 debentures issued.

(4) Where any commission, allowance, or discount has been paid or made, either directly or indirectly, by the company to any person in consideration of his subscribing or agreeing to subscribe, whother absolutely or conditionally, for

any debentures of the company, or procuring or agree- ing to procure subscriptions, whether absolute or conditional, for any such debentures, the particulars required to be sent for registration under this section shall include particulars

639

640

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Registration of enforce- ment of

security.

8 Edw. 7 c. 69 s. 94.

Filing of ac- counts of re-

ceivers and

managers. Ib. s. 95.

as to the amount or rate per cent. of the commission, discount, or allowance so paid or made, but an 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 provision be treated as the issue of the debentures at a discount.

(5) The registrar shall give a certificate under his hand of the registration of any mortgage or charge registered in pursuance of this section, stating the amount thereby secu- red and the certificate shall be conclusive evidence that the requirements of this section as to registration have been complied with.

(6) The company shall cause a copy of every certificate of registration given under this 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 mortgage or charge so registered :

Provided that nothing in this subsection shall be con- strued as requiring a company to cause a certificate of re- gistration of any mortgage or charge so given to be en- dorsed on any debenture or certificate of debenture stock which has been issued by the company before the mortgage or charge was created.

(7) It shall be the duty of the company to send the registrar for registration the particulars of every mort- gage or charge created by the company and of the issues of debentures of a series, requiring registration under this section, but registration of any such mortgage or charge may be effected on the application of any person interested therein.

Where the 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 ou the registration.

(8) The register kept in pursuance of this section shall be open to inspection by any person on payment of the prescribed fee, not exceeding fifty cents for each in- spection.

(9) Every company shall cause a copy of every instru- ment creating any mortgage or charge requiring registration under this section to be kept ar the registered office of the company Provided that, in the case of a series of uniform debentures, a copy of one such debenture shall be sufficient.

96.-(1) If any person obtains an order for the appoint- ment 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 powers contained in the instrument give notice of the fact to the registrar of companies, and the registrar shall, on pay- ment of the prescribed fee, enter the fact in the register of mortgages and charges,

(2) If any person makes default in complying with the requirements of this section he shall be liable to a file not exceeding fifty dollars for every day during which the default continues.

97.-(1) Every receiver or manager of the property of a company who has been appointed under the powers con- tained in any instrument, and who has taken possession, shall, once in every half year while he remains in posses- sion, and also on ceasing to act as receiver or manager, file with the registrar of companies an abstract in the prescribed form of his receipts and payments during the period to which the abstract relates, and shall also on ceasing to act as receiver or manager file with the registrar notice to that effect, and the registrar shall enter the notice in the register of mortgages and charges.

(2) Every receiver or manager who makes default in complying with the provisions of this section shall be liable to a fine not exceeding five hundred dollars.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

641

93. A judge of the Court, on being satisfied that Rectification

　　　　　　　　　　　　　　　　　　　　　　　　　　　of register the omission to register a mortgage or charge within the of mortgages. time hereinbefore required, or that the omission or misstate- 8 Edw. 7 c. ment of any particular with respect to any such mortgage or 69 s. 96. charge, was accidental, or due to inadvertence or to some other sufficient cause, or 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 judge just and expedient, order that the time for registration be extended, or, as the case may be, that the omission or misstatement be rectified.

satisfaction. Zb. s. 97.

99. The registrar of companies may, on evidence being Entry of given to his satisfaction that the debt for which any registered mortgage or 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.

100. The registrar of companies shall keep a chronolo- Index to gical index, in the prescribed form and with the prescribed register of particulars, of the mortgages or charges registered with mortgages

and charges. him under this Ordinance.

Ib. s. 98.

101.-(1) If any company makes default in sending to Penalties. the registrar of companies for registration the particulars of Ib. s. 99. any mortgage or charge created by the company, and of the issues of debentures of a series, requiring registration with the registrar under the foregoing provisions of this Ordin- ance, 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 know- ingly a party to the default, shall on conviction be liable to a fine not exceeding five hundred dollars for every day during which the default continues.

(2) Subject as aforesaid, if any company makes default in complying with any of the requirements of this Ordin- ance as to the registration with the registrar of any mort- gage or charge created by the company, the company and every director, manager, and other officer of the company, who knowingly and wilfully authorised or permitted the default shall, without prejudice to any other liability, be liable on summary conviction to a fine not exceeding one thousand dollars.

(3) If any person knowingly and wilfully authorises or permits the delivery of any debenture or certificate of de- benture stock requiring registration with the registrar under the foregoing provisions of this Ordinance without a copy of the certificate of registration being endorsed upon it, he shall, without prejudice to any other ability, be liable on summary conviction to a fine not exceeding one thousand dollars.

1. 8. 100.

102-(1) Every limited company shall keep at its Company's registered office a register of mortgages and enter therein register of all mortgages and charges specifically affecting property mortgages. of the company, giving in each case a short description of the property mortgaged or charged, the amount of the mortgage or charge, and (except in the case of securities to bearer) the names of the mortgagees or persons entitled thereto.

(2) If any director or other officer of the company know- ingly 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.

Right to

creating

103 (1) The copies of instruments creating any mort- gage or charge requiring registration under this Ordinance inspect with the registrar of companies, and the register of mort- copies of gages kept in pursuance of the last foregoing section, shall instruments be open at all reasonable times to the inspection of the mortgages registrar of companies or of any creditor or member of the and charges company without fee, and the register of mortgages shall and com also be open to the inspection of any other person on payment of such fee, not exceeding fifty cents for each inspection, as the company may prescribo.

pany's register of mortgages. Ib. s. 101.

642

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Right of de- benture holders to inspect the register of debenture holders and to have copies of trust deed.

8 Edw. 7 c.

69 s. 102.

Perpetual debentures. Ib. s. 103.

Power to

re-issue re- deemed de- bentures in certain cases. Ib. s. 14.

(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 know- ingly and wilfully permitting the 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; and, in addition to the above penalty any judge of the Court sitting in chambers may by order compel au immediate inspection of the copies or register.

(3) If such inspection cannot be obtained at the registered office of the company with the exercise of a reasonable amount of diligence, the company shall be liable to the same penalties as if such inspection had been actually refused.

104.-(1) Every register of holders of debentures of a company shall, except when closed in accordance with the articles during such period or periods (not exceeding in the whole thirty days in any year) as may be specified in the articles, 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 at least two hours in each day are appointed for inspection, and every such bolder may require a copy of the register or any part thereof on payment of twenty-five cents for every one hundred words required to be copied.

(2) A copy of any trust deed for securing any issue of debentures shall be forwarded to every holder of any such debentures at his request on payment in the case of a printed trust deed of the sum of one dollar or such less sum as may be prescribed by the company, or, where the trust deed has not been printed, on payment of twenty-five cents for every one hundred words required to be copied.

(3) If inspection is refused, or a copy is refused or not forwarded, the company shall be liable to a fine not ex- ceeding fifty dollars, and to a further fine not exceeding twenty dollars for every day during which the refusal continues, and every director, manager, secretary, or other officer of the company who knowingly authorises or permits such refusal shall incur the like penalty.

(4) If such inspection cannot be obtained at the regis- tered office of the company with the exervise of a reason- able amount of diligence, the company shall be liable to the same penalties as if such inspection had been actually refused.

Debentures and Floating Charges,

105. A condition contained in any debentures or in any deed for securing any debentures, whether issued executed before or after the passing of this Ordinance, shall not be invalid by reason only that thereby the deben- tures are made irredeemable, or redeemable only on the happening of a contingency, however remote, or on the expiration of a period, however long, auy rule of equity to the contrary notwithstanding.

106-(1) Where either before or after the passing of this Ordinance a company has redeemed any debentures pre- viously issued, the company, unless the articles or the conditions of issue expressly otherwise provide, or unless the debentures have been redeemed in pursuance of any obligation on the company so to do (not being an obliga- tion enforceable only by the person to whom the redeemed debentures were issued or his assigns), shall have power, and shall be deemed always to have had power, to keep the debentures alive for the purposes of re-issue, and where a company has purported to exercise such a power the company shall have power, 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 deben- tures in their place, and upon such a re-issue the person entitled to the debentures shall have, and shall be deemed always to have had, the same rights and priorities as if the debentures had not previously been issued.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(2) Where with the object of keeping debentures alive for the purpose of re-issue they have either before or after the passing of this Ordinance been transferred to a nominee of the company, a transfer from that nominee shall be deemed to be a re-issue for the purposes of this section.

(3) Where a company has either before or after the passing of this Ordinance deposited any of its debentures 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.

(4) 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 was made before or after the passing of this Ordinance, shall be treated as the issue of a new debenture for the purposes of stamp duty, but it shall not be so treated for the purposes of any provision limiting the amount or number of debentures to be issued :

Provided that any person lending money on the security of a debenture re-issued under this section which appears to be duly stamped may give the debenture in evidence in any proceedings for enforcing his security without payment of the stamp duty or any penalty in respect thereof, unless be had notice or, but for his negligence, might have dis- covered, that the debenture was not duly stamped, but in any such ease the company shall be liable to pay the proper stamp duty and penalty.

(5) Nothing in this section shall prejudicc-

(a) the operation of any judgment or order of a court of competent jurisdiction pronounced or made before the date of the coming into operation of this Ordinance as hetween the parties to the proceedings in which the judg- ment was pronounced or the order made, and any appeal from any such judgment or order shall be decided as if this Ordinance had not been passed; or

(b) any power to issue debentures in the place of any debentures paid off or otherwise satisfied or extinguished, reserved to a company by its debentures or the securities for the same.

formance of

107. A contract with a company to take up and pay Specifc per- for any debentures of the company may be enforced by an order for specific performance.

contract to subscribe for debentures.

8 Edw. 7 c. 69 s. 105.

subject to floating charge in priority to claim under the charge. 16. s. 107.

103.-(1) Where either a receiver is appointed on Payments of behalf of the holders of any debentures of a company certain debts secured by a floating charge, or possession is taken by or out of assets on behalf of those debenture holders of any property com- prised 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 IV of this Ordinance relating to preferential pay- ments to be paid in priority to all other debts, shall be paid forthwith 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 periods of time mentioned in the said provisions of Part IV of this Ordinance shall be reckoned from the date of the appointment of the receiver or o" possession being taken as aforesaid, as the case may be.

(3) Any payments made nuder this section shall be recouped as far as may be out of the assets of the company available for payment of general creditors.

Statement to be published by Banking and certurn. other Companies.

160.-(1) Every company being a limited banking com- Certain pany or an insurance company or a deposit, provident, or companies benefit society shall, before it commences business, and also to publish on the first Monday in February and the first Tuesday in statement in August in every year during which it carries on business, b. f. 108. make a statement in the form marked C in the First Schedule to this Ordinance as near thereto as circumstances will admit.

schedule.

643

644

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Investiga

tion of

(2) A copy of the statement shall be put up in a con- spicuous place in the registered office of the company, and in every branch office or place where the business of the company is carried on.

(3) Every member and every creditor of the company shall be entitled to a copy of the statement, on payment of a sum not exceeding twenty-five cents.

(4) If default is made in compliance with this section, the company shall be liable to a fine not exceeding fifty dollars for every day during which the default continues; and every director and manager of the company who know- ingly and wilfully authorises or permits the default shall be liable to the like peualty.

(5) For the purposes of this Ordinance a company that 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 Life Insurance Company to which the provisions of the Life Insurance Companies Ordinances 1907 and 1909, us to the annual statement to be made by such a company, apply with or without modifications, if the company complies with those provisions.

Inspection and Audit.

110.--()) The eart may appoint one or more com- petent inspectors to investigate the affairs of any company by panty and to report thereon in such manner as the

affairs of

inspectors.

8 Ewd. 7 c 69 a. 109.

directs-

Com-

court

(7) In the case of a banking company having a ehare capital, on the application of members holding not less than one third of the shares issned:

ực In the care of any other company having a share capital, on the application of members holding not less than one tenth of the shares issued :

(7) 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 company's register of members.

(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 for payment of the costs the inquiry.

(3) It shall be the duty of all officers and agents of the company to produce to the inspectors all books and docu- ments 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 refuses to produce any book or document which under this section it is his duty to produce, or to answer any question relating to the affairs of the company, he shall be liable to a fine not exceeding fifty dollars in respect of each offence.

(6) On the conclusion of the investigation the inspectors shall report their opinion to the court, and a copy of the report shall be forwarded by the registrar of the court to the registered office of the company, and 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.

(7) All expenses of and incidental to the investigation shall be defrayed by the applicants, unless the court direct the same to be paid by the company, which the court is hereby authorised to do.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

111 --(1) A company may by special resolution appoint Power of inspectors to investigate its affairs.

company to appoint (2) Inspectors so appointed shall have the same powers inspectors. and duties as inspectors appointed by the court, except 8 Edw. 7 c. that, instead of reporting to the court, they shall report in 69 s. 110. such manner and to such persons as the company in general meeting may direct.

(3) Officers and agents of the company shall incur the like penalties in case of refusal to produce any book or document required to be produced to inspectors so ap- pointed, or to answer any question, as they would have incurred if the inspectors had been appointed by the

court.

b. s.

112. A copy of the report of any inspectors appointed Report of under this Ordinance, authenticated by the seal of the inspectors to eompany whose affairs they have investigated, shall be be evidence. admissible in any legal proceeding as evidence of the opinion of the inspectors in relation to any matter contained in the report.

113.--(1) Every company shall at each annual general meeting appoint an auditor or auditors to hold office until the next annual general meeting.

.. 111.

Appoint- mint and

remunera- tion of

(2) If an appointment of anditors is not made at an auditors. annual general meeting, the court may, on the application of 7b. s. 112. any member of the company, appoint an auditor or auditors of the company for the current year, and fix the femunera- tion to be paid to him or them by the company for his ser-

vices.

(3) A director or officer of the company or the partner or employee of such director shall not be capable of being appointed auditor of the company.

(4) A person, other than a retiring auditor, shall not he capable of being appointed auditor at an annual genera! meeting unless notice of an intention to nominate that person to the office of auditor has been given by a share- holder 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 shareholders, either by advertisement or in any other mode allowed by the articles, not less than seven days before the amual general meeting :

Provided that if, after a notice of the intention to nomi- nate an auditor has beeu so given, an annual general meet- ing is called for a date fourteen days or less after that notice has been given, the notice, though not given within the time required by this provisiou, 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 provi- sion, he sent or given at the same time as the notice of the annual general meeting.

(5) The first auditors of the company may be appointed by the directors before the statutory meeting, and if so appointed shall hold office until the first annual general meeting, unless previously removed by a resolution of the shareholders in general meeting, in which case the share- holders at that meeting may appoint auditors,

(6) The directors may fill any casual vacancy in the office of anditor, 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 remimeration of any auditors appointed before the statutory meeting, or to fill any casual vacancy, may be fixed by the directors,

114.--(1) Every auditor of a company shall have a right Powers and of access at all times to the books and accounts and vouchers duties of of the company, and shall be entitled to require from the auditors.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　b. s. 113. directors and officers of the company such information and explanation as may be necessary for the performance of the duties of the auditors.

(2) The auditors shall make a report to the shareholders on the accounts examined by them, and on every balance sheet laid before the company in general meeting during their tenure of office, and the report shall state--

645

646

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Rights of

(a) whether or not they have obtained all the inforın-

ation 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 explanations given to them, and as shown by the books of the company.

(3) The balance sheet 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, or there shall be inserted at the foot of the balance sheet a reference to the report, and the report shall be read before the company in general meeting, and shall be open to inspection by any shareholder.

Any shareholder shall be entitled to be furnished with a copy of the balance sheet and auditors' report at a charge not exceeding twenty-five cents for every hundred words.

(4) If any copy of a balance sheet which has not been signed as required by this section is issued, eirenlated, or published, or if any copy of a balance sheet is issued, cir- culated, or published without either having a copy of the auditors' report attached thereto or containing such reference to that report as is required by this section, 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.

(5) In the case of a banking company-

(a) if the company has branch banks beyond the limits of the Colony it shall be sufficient if the auditor is allowed access to such copies of and extracts from the books and accounts of any such branch as have been transmitted to the office of the company in the Colony; and (b) the balance sheet must be signed by the secre- tary 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 all the directors,

115.(1) Helders of preference shares and debentures preference of a company shall have the same right to receive and shareholders, inspect the balance sheets of the company and the reports of the auditors and other reports as is possessed by the holders of ordinary shares in the company,

&c. as to receipt and

inspection of

reports, &c.

S Edw. 7 c. 69 s. 114.

Prohibition

of carrying on business

with fewer than seven or. in the

case of a

(2) This section shall not apply to a private company nor to a company registered before the date of the coming into operation of this Ordinance.

Carrying on Business with less than the legal Minimum of Members.

116. If at any time the number of members of a com · pany is reduced, in the ease 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 private com- 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 company con- tracted during that time, and may be sued for the same, without joinder in the action of any other member.

pany, two members.

b. s. 115.

Service of documents on company

Ib. s. 116.

Authentica- tion of documents. Ib. s. 117.

Service and Authentication of Documents. 117. A document may be served on a company by leav ing it at or sending it by registered post to the registered office of the company.

118. A document or proceeding requiring authentica- tion by a company may be signed by a director, secretary, or other authorised officer of the company, and need not be under its common seal.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 647

Tables and Forms.

119.-(1) The forms in the Third Schedule to this Application Ordinance or forms as near thereto as circumstances admit and altera- shall be used in all matters to which those forms refer.

tion of tables and forms.

69 s. 118.

(2) The Governor may alter any of the tables and forms 8 Edw. 7 c. in the First Schedule to this Ordinance, so that he does not increase the amount of fees payable to the registrar in the said schedule mentioned, and may alter or add to the forms in the said Third Schedule.

(3) 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 by the Governor in Table A in the said First Schedule shall affect any com- pany registered before the alteration, or repeal, as respects that company, any portion of that table.

Arbitrations.

120.-(1) A company may by writing under its common Arbitration seal agree to refer and may refer to arbitration, in accord- between ance with the provisions of the Railway Companies Arbi- companies tration Act, 1859, of the Imperial Parliament, any existing Ib. s. 119. or future difference between itself and any other company

or person.

(2) Companies parties to the arbitration may delegate to the arbitrator power to settle any terms or to determine any matter capable of being lawfully settled or determined by the companies themselves, or by their directors or other managing body.

(3) All the provisions of the Railway Companies Arbi- tration Act, 1859, shall apply to arbitrations between companies and persons in pursuance of this Ordinance; and in the construction of those provisions "the companies shall include companies under this Ordinance.

(4) For the purposes of the application of the said Act to this Ordinance, the words "the Board of Trade" there- in occurring shall be read as meaning the Governor and the words "all the Superior Courts of Law and Equity in the United Kingdom according to their respective jurisdiction" and the words "any of His Majesty's Superior Courts of Record at Westminster, or as the case may be at Dublin" shall be read as meaning the court,

Power to compromise.

and others.

tors and

121.-(1) Where a compromise or arrangement is pro- Power to posed between a company and its creditors or any class of compromise them, or between the company and its members or any with credi- class of them, the court may, on the application in a sum- members. mary way of the company or of any creditor or member of 7b. s. 120. the company or, in the case of a company being wound up, of the liquidator, order a meeting of the creditors or class of ereditors or of the members of the company or class of members, as the case may be, to be summoned in such manner as the court directs.

(2) If a majority in number representing three-fourths in value of the creditors or class of creditors, or members or class of members, as the case may be, present either in person or by proxy at the meeting, agree to any com- promise 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 company or, in the case of a company in the course of being wound up, on the liquidator and contributories of the company.

(3) In this section the expression "company means any company liable to be wound up under this Ordinance.

Meaning of "Private Company."

122.-(1) For the purposes of this Ordinance the ex- Meaning of pression "private company" means a company which by "private its articles-

company." Ib. s. 121.

(a) restricts the right to transfer its shares; and

648

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(b) limits the number of its members (exclusive of persons who are in the employment of the company) to fifty; and

(2) A private company may, subject to anything con- tained in the memorandum or articles, by passing a special resolution and by filing with the registrar of companies such a statement in lieu of prospectus as the company, if a public company, would have had to file before allotting any of its shares or debentures, together with such a statutory declaration as the company, if a public company, would have had to file before commencing business, turn itself into a public company,

(3) Where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this section, be treated as a single member.

Modes of winding up.

8 Edw. 7 c. 69 s. 122.

PART IV.

WINDING UP.

Preliminary.

123.-(1) T}e winding up of a company may

ay be either-

(i) by the court; or

(ii) voluntary; or

(i) subject to the supervision of the court.

(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.

Liability as contribu- tories of present and past mem- bers.

77, s. 123.

Contributories.

124-(1) In the event of a company being wound up every present and past member shall, subject to the pro- visions of this section, be liable to contribute to the assets of the company to an amount sufficient for payment of its debts and Habilities and the costs, charges, and expenses of the winding up, and for the adjustment of the rights of the contributories among themselves, with the qualifications following (that is to say) :-

(1) 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:

(i) A past member shall not be liable to contri- bute in respect of any debt or liability of the company contracted after he ceased to be a member:

(i) A past member shall not be liable to contribute unless it appears to the court that the existing members are doable to satisfy the contributions required to be made by them in pursuance of this Ordinance.

(io) In the case of a company limited by shares no contribution shall be required from any mem- her exceeding the amount, if any, unpaid on the shares in respect of which he is liable as a present or past member:

(r). In the case of a company limited by guarantee, no contribution shall 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 : (vi) Nothing in this Ordinance shall invalidate any provision contained in any policy of insurance or other contract whereby the liability of in- dividual members on the policy or contract is restricted, or whereby the funds of the com- pany are alone made liable in respect of the policy or contract :

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(vi) 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 com- pany; but any such sum may be taken into account for the purpose of the final adjustment of the rights of the contributories among them- selves.

(2) In the winding up of a limited company, any director or manager, whether past or present, whose liability is, in pursuance 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 comencement of the winding up a member of an unlimited company: Provided that--

(2) 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: (1) A past director or manager shall not be liable to make such further contribution in respect of any debt or liability of the company contracted after he ease to hold office :

(in) Subject to the articles of the company, a direc- for or manager shall not be liable to make such further contribution unless the court deems it necessary to require that contribution in order to satisfy the debts and liabilities of the com- pany, 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 under- taken to be contributed by him to the assets of the com- pany in the event of its being wound up, to contribute to the extent of any sums unpaid on any shares held by him.

125. The term "contributory means every person Definition of liable to contribute to the assets of a company in the event contributory. of its being wound up, and, in all proceedings for determin- 8 Edw. 7 c. ing and in all proceedings prior to the final determination 69 s. 124. of the persons who are to be deemed contributories, includes any person alleged to be a contributory.

126. The liability of a contributory shall create a Nature of debt of the nature of a specialty accruing due from him at liability of the time when his liability commenced, but payable at the contributory. times when calls are made for enforcing the liability.

Th. s. 125.

127.-(1) If a contributory dies either before or after Contribu- he has been placed on the list of contributories, his personal tories in case representatives and his heirs and devisees, shall be liable in of death of a due course of administration to contribute to the assets 76. s. 126. of the company in discharge of his liability and shall be contributories accordingly.

(2) Where the personal representatives are placed on. the list of contributories, the heirs or devises shall not be added unless the court thinks fit.

(3) If the personal representatives make default in paying any money ordered to be paid by them, proceedings may be taken for administering the personal and real estates of the deceased contributory, or either of then, and of compelling payment thereout of the money due.

member.

128. If a contributory becomes bankrupt, either before Contribu- or after he has been placed on the list of contributories, tories in case then

of bank- ruptcy of

(1) his trustee in bankruptey shall represent him for member.

all the purposes of the winding up, and shall be Ib. s. 127. a contributory accordingly, and may be called ou 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

649

650

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Provision as to married

Women.

8 Edw. 7 c. 69 s. 128.

Circum-

stances in which com- pany may be wound up by

court.

Ib. s. 129.

Company when deemed un- able to pay its debts. B. s. 180.

Provisions

tions for

winding up. Ib. s. 137.

(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.

129.--(1) The husband of a female contributory married before the first day of January, 1883, shall, 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 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, or the Married Women's Property Amendment Ordinance, 1907.

Winding up by Court,

130. A company may be wound up by the court-

(i) if the company has by special resolution resolved

that the company he wound up by the court : (i) if default is made in filing the statutory report

or in holding the statutory mecting : (ii) if the company does not commence its business within a year from its incorporation, or suspends its business for a whole year :

(iv) if 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 : () if the company is unable to pay its debts: (vi) if the court is of opinion that it is just and equi-

table that the company should be wound up.

131. A company shall be deemed unable to pay its debts- (i) 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 ou the company, by leaving the same at its registered office, a demand under his hand requiring the company to pay the sum so due and the company has for two months thereaf- ter neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; or

(i) if execution or other process issued on a judg- ment decree or order of any court in favour of a creditor of the company is returned unsatis- fied in whole or in part; or

(iii) 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.

132.-(1) An application to the court for the winding as to applica- up of a company shall be by petition, presented 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 tributories, or by all or any of those parties, together or separately: Provided that

con-

(a) A contributory shall not be entitled to present a petition for winding up a company unless-

(i) either the number of members is re- duced, in the case of a private company, below two, or, in the case of any other company, below seven; or

(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 commencement of the winding up, or have devolved on him through the death of a former holder and;

}

-5

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(b) A petition for winding up a company on the ground of default in filing the statutory report or in holding the statutory meeting shall not be presented by any person except a shareholder, nor before the expiration of fourteen days after the last day on which the meeting ought to have been held; and

(c) The court shall not give a hearing to a petition for winding up a company by a contingent or prospective creditor until such security for costs has been given as the court thinks rea- sonable and until a prima 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 supe vision a 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 super- vision cannot be continued with due regard to the interests of the creditors or contributories.

(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 mouths 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 purp wes of this section, be deemed to have been held by and registered in the name of the husband.

133. Au order for winding up a company shall operate Effect of in favour of all the creditors and of all the contributories of winding-up the company as if mide on the joint petition of a creditor order. and of a contributory.

134. A winding up of a company by the court shall be deemed to commosen at the time of the presentation of the petition for the winding up.

8 Edw. 7 c. 69 s. 138.

Commence. ment of winding up by court. Ib. . 139.

tower to

135. At any time after the presentation of a petition for winding an, und before a winding-up order has been stay or re- made, the company or any creditor or contributory. may, strain pro- where an adimu or proceeling against the company is ceedings pending, apply to the court for a stay of the proceedings or to restrain farther pro oclias in the action or proceeding, 76, s. 140, and the court may, as the case may be, stay or restrain the proceedings and ordingly on such terms as it thinks fit.

against company.

133. 1) Ou hearing the petition the court may dis- Powers of miss it with or without eosts, or adjourn the hearing court on conditionally or taconditionally, or make any interim order, bearing

any other order that it deems just, but the court shall petition. not refuse to make a winding-up order on the ground only that the assers of the company have been mortgaged to an r la excess of those assets, or that the

amɔTit e

com 9137 as assets.

(2) Where he petition is presented on the ground of default in filing the statutory report or in bolding the statutny meetlag, te e urt may order the costs to be paid by any persons who, in the opinion of the court, are responsible for the default,

Ib. s. 141.

stayed on winding-up

137. When a winding-up order has been made, no Actions action or orɔteling shalbe prevedel with or eɔam sred agalan the 2ɔ a ja 17 e kept by leive of the court, sul sab. jex

Take at may im 29-6.

133. On the making of a winding-up order, a copy of the order at ora vith be forwarded by the company to the rerister o ep una res, who shall make a minute thereof in his bɔɔks pela in to the company.

139. The court may at any time after an order for winding up, on the appication of any cre litor or contribu- tory, and on proof to the satisfaction of the court that all roceedings in relation to the winding up ought to be

order. Ib. s. 142.

Copy of

ler to be forwarded to registrar. Th. S. 143.

Power of court to stay winding up. Ib. s. 144.

651

652

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Court may have regard

to wishes of creditors or contribu- tories.

8 Edw. 7 c. 69 8. 145.

Definition of official receiver. Ib. s. 146.

Statement of company's affairs to be submitted to official receiver. Ib. s. 147.

Report by official receiver. Ib. s. 148.

stayed, make an order staying the proceedings, either altogether or for a limited time, on such terms and con- ditions as the court thinks fit.

140. The court may, as to all matters relating to a winding up, have regard to the wishes of the creditors or contributories as proved to it by any sufficient evidence.

Official Receiver.

141. (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 shall mean the official receiver, if any, attached to the court for bankruptcy purposes, or, if there is more than one such official receiver, then such one of them as the Governor may appoint, or, if there is no such official receiver, then an officer appointed for the purpose by the Governor,

(2) Any such officer shall for the purpose of his duties under this Ordinance be styled the official receiver.

142.-(0) Where the court has made a winding-up

order, there shall 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 showing the particulars of its assets, debis, 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 informa- tion as may be prescribed or as the official receiver may require,

(2) The statement shall be submitted and verified by OH OF more of the persons who are at the time of the winding-up order the diretors and by the person who is at that the the secretary or other chief officer of the com- pany, or by such of the persons being or having been directors or a beers of the company, or having taken part in the formation of the company at any time within one year before the winding-up order, as the official receiver, subject to the dire tion of the court, may require to submit and verify the same.

(3) The statement shall be submitted within twenty-eight days from the date of the order, 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, 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 creditor or contributory of the company shall be entitled 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. But any person untruthfully so stating himself to be a ereditor or contributory shall be guilty of a con- tempt of court and shall be punishable accordingly on the application of the liquidator or of the official receiver.

143(1) Where the court has made a winding-up order, the official receiver shall, as soon as practicable after receipt of the statement of the company's affairs, submit a preliminary report to the court--

(6) as

to the amount of capital issued, subscribed, and paid up, and the estimated amount of assets and liabilities; and

() if the company has failed, as to the causes of

the failure; and

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(e) whether in his opinion further inquiry is desir- able as to any matter relating to the promotion, 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 promo- tion or formation, or by any director or 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.

144.-(1) For the purpose of conducting the proceed- Appoint- ings in winding up a company and performing such duties ment, re-

muneration, in reference thereto as the court may impose, the court may and title of appoint a liquidator or liquidators,

(2) The court may make such an appointment provi- sionally at any time after the presentation of a petition and before the making of an order for winding up.

(3)--(a). If a provisional liquidator is appointed before the making of a winding-up order, the official re- ceiver or any other fit person may be appointed: (6) On a winding-up order being made 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 : (c) When a person other than the official receiver is appointed liquidator he shall not be capable of acting as liquidator until he has notified his appointment to the registrar of companies and given security to the satisfaction of the official receiver.

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 appointed.

persons

(5) A liquidator appointed by the court may resign or, on cause shown, be removed by the court.

(6) A vacaney in the office of a liquidator appointed by the court shall be filled by the court and the official receiver shall by virtue of his office be the liquidator during the

vacaney.

(7) Where a person other than the official receiver is appointed liquidator, he shall receive such salary or remu- neration by way of percentage or otherwise as the court may direct; and, if more such persons than one are appointed liquidators, their renumeration shall be distributed among them in such proportions as the court directs,

(S) 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 articular company in respect of which he is appointed, and not by individual name.

(9). The acts of a liquidator shall be valid notwithstand- ing any defects that may afterwards be discovered in his appointment or qualification.

liquidators. 8 Edw. 7 e. 69 s. 149.

145. In a winding up by the court the liquidator Custody of shall take into his custody, or under his control, all the company's property and things in action to which the company property.

is or appears to be entitled,

Il. s. 150.

Powers of

146-(1) The liquidator in a winding up by the court shall have power, with the sanction either of the court or liquidator. 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:

Ib. s. 151.

653

654

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Meetings of

(6) to carry on the business of the company. star as may be necessary for the beneficial winding

thereof:

(e) to employ a solicitor or other agcut to take any proceedings or do any business which the liquidator is unable to take or do himself; but the sanction in this case must be obtained before the employment, except in cases of urgency, and in those cases it must be shown thai no undue delay took place in obtaining the

sanction.

The sanction given for the purpose of this sub- section shall not be a general sanction to d› all or any of the above-mentioned things, but shall only be a sanction to do the particular thing or things for which permission is sought.

(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 anction or private contract, with power to transfer the whole there of 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 company's seal: (c) To prove, rank, and claim in the bankruptey, insolvency, or sequestration of any contributory, for any balance against his estate, and to receive dividends in the bank uprey, insolvency, on sequestration in respect of that balance, as a separate debt due from the bankrupt

or insol- vent, and rateably with the other separate

creditors: (d) To draw, accept, mako, and indorse any bill of cxchange or promissory note in the name and on behalf of the company, with the same effect with respect to the liability of the company as if the bill or note had been drawn, ccepted, made, or indorsed by or on behalf of the com- pany, in the course of its business

(e) To raise on the security of the assers of the

company any money requisite:

(7) To take out in his official name, letters of administration to any deceased contributory, aud to do in his official name any other aet nec: ssary for obtaining payment of any money dne 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 do all such other things as may be necessary for winding up the affairs of the company and distributing its assets.

(3) The exercise by the liquid stor in a winding up by the court of the powers conferred by this section sind be subject to the control of the court, and the odicial rever or any creditor or contributory may apply to the eours with respect to any exercise or proposed exercise of any of those powers.

(4) Where a liquidator is provisionally appolated by the court, the court may limit and rescriet his powers by the order appointing him.

147.-(1) When a winding-up order has been made by creditors and the court the official receiver shall summon separate contribu meetings of the creditors and contributories of the company

for the purpose of --

tories in

winding up.

8 Edw. 7 c.

69 s. 152.

(a) determining whether or not an application is to be made to the court for appoiating a liquid- ator in the place of the official receiver; and (b) determining whether or not an application is to be made to the court for the appointment of a committee of inspection to act with the liquid- ator, and who are to be the members of the committee if appointed.

THE HONGKONG GOVERNMENT GAZETTE. DECEMBER 15, 1911.

(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 determinations of the meetings of the ereditors and contributories in respect of any of the matters mentioned in the foregoing provisions of this section, the court shall decide the difference and make such order thereon as the court may think fit.

(3) In case a liquidator is not appointed by the court the official receiver shall be the liquidator of the company.

to official

143. Where is the winding up of a company by the Liquidator court a person other than the official receiver is appointed to give in- liquidator he shall give the official receiver such informa- formation tion and sach access to and facilities for inspecting the receiver. books and documents of the company, and generally such 8 Edw. 7 c. aid as may be requisite for enabling that officer to perform 69 s. 153. his duties under this Ordinance.

149.-(1) Where in the winding up of a company by Payments of the court a person other than the official receiver is liquidator appointed liquidator he shall open an account in the name of winding up the company's estate at such bank as the colonial treasurer Ib. s. 154. may direct:

Provided that, if the committee of inspection satisfy the official receiver that for the purpose of carrying on the business of the company or of obtaining advances, or for any other reason, it is for the advantage of the creditors or contributories that the liquidator should have an account with any other bank, the official receiver shall, on the application of the committee of inspection, authorise the liquidator 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 excee ling five hundred dollars, or such other amount as the official receiver in any particular case authorises 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 annun, and shall be liable to dis- allowance of all or such part of his remuneration as the court may think jast, 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 sums received by him as liquidator into his private banking account.

(1) Where the official receiver becomes or is appointed liquidator he shall, in such manner and at such times as the colonial treasurer may direct, pay the money received by him to the Companies Liquidation Account at such bank as the colonial treasurer may direct.

into bank.

150.- (1) Where in the winding up of a company by Audit of the court a person other than the official receiver is appointed liquidator's liquidator he shall, at such times as may be prescribed but accounts in not less than twice in each year during his tenure of office, winding up. send to the official receiver an account of his receipts and payments as liquidator.

(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 he 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 with the official receiver, and shall be open to the inspection of any creditor, or of any person interested.

Ib. s. 155.

655

656

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Books to be kept by liquidator in winding up.

8 Edw. 7 c. 69 s. 156.

Release of

Ib. s. 157.

(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.

151. Every liquidator of a company which is being wound up by the court shall keep, in mammer prescribed, proper

books in which he shall cause to be made entries or minutes of proceedings at meetings, and of such other mat- ters 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.

162.-(1) When the liquidator of a company which is liquidators. 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 a final dividend, if any, to the creditors, and adjusted the rights of the contributories among them- selves, and made a final return, if any, to the contributories, or has resigned, or has been removed from his office, he shall cause a report on his accounts to be prepared, and, on his complying with all the requirements of the court, the court shall take into consideration the report, and any objection which may be urged by the official receiver or any creditor, or contributory, or person interested against the release of the liquidator, and shall either grant or with- hold the release accordingly.

Exercise and control of liquidator's powers. Ib. s. 158.

(2) Where the release of a liquidator is withheld the court may, on the application of the official receiver or 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 frand or by suppression or conceal- meut of any material fact.

(4) Where the liquidator has not previously resigned or been removed, his release shall operate as a removal of him from his office.

153.-(1) Subject to the provisions of this Ordinance 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 directions 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 inspec-

tion.

(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 other- wise, 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 management of the estate and its distribution among the creditors.

(5) If any person is aggrieved by any act or decision 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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 657

154.--(1) When a person other than the official receiver Control over is appointed liquidator the official receiver shall take cogni- liquidators. 8 Edw. 7 0. zance of the conduct of liquidators of companies which are

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　69 s. 159. 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 ordinance, 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 the official receiver think fit apply to the court to examine him or any other person on oath concerning the winding up.

(3) The court may also direct a local investigation to be made of the books and vouchers of the liquidator.

Committee of Inspection, Special Manager, Receiver.

155.-(1) A committee of inspection appointed in Committee pursuance of this Ordinance shall consist of creditors and of inspection

in winding contributories of the company or persons holding general up. powers of attorney from creditors or contributories in such 16, s. 160. 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 as they from time to time appoint, and, failing such appointment, at least once a month; and the liquidator or any member of the committee may also call a meeting of the com- mittee as and when he thinks necessary.

(3) The committee may act by a majority of their mem- bers present at a meeting, but shall not act unless a major- ity of the committee are prescut.

(4) Any 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 bankrupt, 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 repre- sent the creditors or contributories, as the case may be, his office shall thereupon become vacant.

(6) Any 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.

(8) The continuing members of the committee, if not less than two, may act notwithstanding any vacancy in the committee.

(9) If there is no committee of inspection, any act or thing or any direction or permission by this Ordinance authorised or required to be done or given by the committee may be done or given by the court on the application of the liquidator.

manager.

156.-(1) Where the official receiver becomes the Power liquidator of a company, whether provisionally or otherwise, to appoint he may, if satisfied that the nature of the estate or business special of the company, or the interests of the creditors or contri- . s. 161. butories generally, require the appointment of a special manager of the estate or business of the company other than himself, apply to the court to, and the court may on such application, appoint a special manager thereof 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.

658

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power to

appoint official

receiver as receiver for debenture holders or creditors. 8 Edw. 7 c. 69 s. 162.

Settlement

of list of con- tributories

and applica-

(2) The special manager shall give such security and account in such manner as the official receiver directs.

(3) The special manager shall receive such remuneration as may be fixed by the court.

157. 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.

Ordinary Powers of Court.

158.--(1) As soon as may be after making a winding- up order, the court shall settle a list of contributories, with power to rectify the register of members in all cases where tion of assets. 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."

1b. s. 163.

Power to require delivery of property. Ib. s. 164.

Power to

order pay. ment of debts by contributory. Ib. s. 165.

Power of

court to

make calls. Ib. s. 166.

Power to

order pay- ment into bank.

Ib. s. 167.

(2) In settling the list of contributories, the court shall distinguish between persons who are contributories in their own right and persons who are contributories as being representatives of or liable to the debts of others.

159. The court may, at any time after making a wind- ing-up order, require any contributory for the time being settled on the list of contributories, and any trustee, 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 hands to which the company is prima facie entitled.

160.-(1) The court may, at any time after making a winding-up order, make an order on any contributory for the time being settled 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, in the case of an unlimited company, allow to the contributory by way of set-off any money due to him or 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 may, 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) But 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 contributory from the company may be allowed to him by way of set-off against any subsequent call.

161.-(1) The court may, at any time after making a winding-up order, and either before or after it has ascer- tained the sufficiency of the assets of the company, make calls on and order payment thereof by all or any of the contributories for the time being settled on the list of the contributeries 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 adjust- ment of the rights of the contributories among themselves.

(2) In making a call the court may take into considera- tion the probability that some of the contributories may partly or wholly fail to pay the call.

162.--(1) The court may order any contributory, pur- chaser or other person from whom money is due to the company to pay the same into such Bank as the court may direct to the account of the 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.

(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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 659

163.-(1) An order made by the court on a contributory Order on shall (subject to any right of appeal) be conclusive evidence contributory that the money, if any, thereby appearing to be due ordered to be paid is due.

conclusive evidence. 8 Edw. 7 c.

(2) All other pertinent matters stated in the order shall 69 s. 1. 68 be taken to be truly stated as against all persons, and in all proceedings, except proceedings against the real estate of a deceased contributory, in which ease the order shall be only prima facie evidence for the purpose of charging his real estate, unless his heirs or devisees were on the list of contributories at the time of the order being made.

164. The court may fix a time or times within which Power to creditors are to prove their debts or claims, or to be exclude excluded from the benefit of any distribution made before creditors not those debts are proved.

proving in time. Ib. s. 169.

165. The court shall adjust the rights of the contri- Adjustment batories among themselves, and distribute any surplus of rights of among the persons entitled thereto.

contribu- tories. Ib. s 170.

166. The court may, in the event of the assets being Power to insufficient to satisfy the liabilities, make an order as to order costs. payment out of the assets of the costs, charges, and h. s. 171. expenses incurred in the winding up in sneh order of priority as the court thinks just.

167.--(1) When the affairs of a company have been Dissolution completely wound up, the court shall make an order that of company, the company be dissolved from the date of the order, and the company shail be dissolved accordingly,

(2) The order shall 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

'dator makes default in complying with the requirements of this section he shall be Hablo to a tine not exceeding fifty dollars for every day during which he is in default.

/h. s. 172.

powers of

168. General rules may be made for enabling or requir- Delegation ing all or any of the powers and duties couferred and to liquidator imposed on the court by this Ordinance. in respect of the of certain matters following, to be exercised or performed by the court. liquidator as an officer of the cont, and subject to the Th. s. 173. control of the court; that is to say, the powers and duties of the court in respect of -

(a) holding and couduering meetings to ascertain te wishes of creditors and contribuíories ;

(b) sealing lists of contributories and rectifying the reister of members where required, and polleet- ing and applying the assers ;

(~) requiring delivery of property or documents to

the liquidator:

(d) waking calls :

(2) fixing a time within which debts and claims

n.ust be proved :

Provided that the liquidator shall not, without the special leave of the court, rectify the register of members, and shall not i ce any call without either the special leave of the court or de sanction of the committee of inspection.

Extraordinary Powers of Court.

su am in per S018 sus-

pected of baving pro-

169.--(I) i he court may, after it has made a winding- Power to up order, summon before it any officer of the company or person known or suspected to have in his possession any property of the company or supposed to be indebted to the company, or any person whom the court deems capable of perty of com- giving in ormation concerning the trade, dealings, affairs, pany. or property of the company.

(2) The court may examine him on oath concerning the same, either by word of mouth or on written interrogatories, and may reduce his answers to writing and require him to sign them.

16. s. 174.

660

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power to

order public

examination of promoters, directors, &

8 Edw 7 c. 69 s. 175.

Power

to arrest

lb s. 176.

(3) The court may require him to produce any books and papers in his custody or power relating to the com- pany; 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 lawful impe- diment (made known to the court at the time of its sitting, and allowed by it), the court may cause him to be appre- hended, and brought before the court for examination.

170.-(1) When 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 any person in the promotion or formation 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 consider- ation of the report, direct that any person who has taken any part in the promotion or formation of the company, or has been a director, or officer of the company, shall attend before the court on a day appointed by the court for that purpose, and be publicly examined as to the promotion or formation or the conduct of the business of the com- pany or as to his conduct and dealings as director or officer thereof.

(2) The official receiver shall take part in the examina- tion, 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 ereditor or contributory, may also take part in the examination either personally or by solicitor or

counsei.

(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 he is, in the opinion of the court, exculpated from any charges inade or suggested against him, the court may allow him 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 examin- ation from time to time,

(9) An examination under this section may, if the court so directs, and subject to general rules, be held before any officer of the Supreme Court, named for the purpose by the court and the powers of the court under this section as to the conduct of the examination, but not as to costs, may be exercised by the person before whom the examination is held.

171. The court, at

time either before or after making a winding-up order, on proof of probable cause for absconding contributory believing that a contributory is about to quit the Colony, or otherwise to abscond, or to remove or conceal any of his property for the purpose of evading payment of calls, or of avoiding examination 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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

172. Any powers by this Ordinance conferred on the Powers of court shall be in addition to and not in restriction of any court cumu- existing powers of instituting proceedings against any con- Jative.

8 Edw. 7 c. tributory or debtor of the company, or the estate of any 69 s. 177. contributory or debtor for the call or other sums.

Enforcement of and Appeal from Orders,

173. Orders made by the Court under this Ordinance be enforced in the same manner as orders made in action pending therein,

may

any

Power to en- force orders. Ib. s. 178.

7. 8. 181.

from order.

174. Subject to rules of court, au appeal from any order Appeals or decision made or given in the winding up of a company by the court under this Ordinance shall lie in the same manner and subject to the same conditions as an appeal from any order or decision of the court in cases within its original jurisdiction: subject to this restriction that no such appeal shall be heard unless notice of the s me is filed within fourteen days from the date of the order or decision complained of, unless such time is extended by the Full Court.

Voluntary Winding Up.

175. A company may be wound up voluntarily--

Circum- stances in

(1) When the period (if any) fixed for the duration which com-

of the company by the articles expires, or the pany may be event (if any) occurs, on the occurrence of wound up which the articles provide that the company voluntarily.

　　　　　　　　　　is Ib. s. 182. to be dissolved, and the company in general meeting has passed a resolution requiring the company to be wound up voluntarily: (2) If the company resolves by special resolution

that the company be wound up voluntarily: (3) If the company resolves by extraordinary re- solution to the effect that it cannot by reason of its liabilities continue its business, and that it is advisable to wind up.

176. A voluntary winding up shall be deemed to com- mence at the time of the passing of the resolution authoris- ing the winding up.

177. When a company is wound up voluntarily the company shall, from the commencement of the winding up, cease to carry on its business, except so far as may required for the beneficial winding up thereof:

Provided that the corporate state and corporate powers of the company shall, notwithstanding anything to the contrary in its articles, continue until it is dissolved.

178. When a company has resolved by special or extra- ordinary resolution to wind up voluntarily, it shall give notice of the resolution by advertisement in the Gazette.

on the

179. The following consequences shall ensne voluntary winding up of a company :-

(The property of the company shall be applied in satisfaction of its liabilities pari passu, and, subject thereto, shall, unless the articles other- wise provide, be distributed among the members according to their rights and interests in the Company:

(i) The company in general meeting shall appoint one or more liquidators for the purpose of wind- ing up the affairs and distributing the assets of the company, and may fix the remuneration to be paid to him or them :

(72) 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 :

Commence- ment of voluntary winding up. 1b. s. 183.

Effect of voluntary winding up

on status of company. 7b. s. 184.

Noties of resolution

to wind up voluntarily. Ib. 2. 185.

Conse. mences of

voluntary 77. 9. 196. winding up.

661

662

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Notice by liquidator of his appoint-

ment.

8 Edw. 7 c. 69 s. 187.

Rights of creditors in a voluntary winding-up.

b. s. 198.

(ix) The liquidator may, without the sauction of the court, exercise all powers by this Ordinance given to the liquidator in a winding up by the

court :

(e) The liquidator may exercise the powers of the court under this Ordinance of settling a list of contributories, and of making calls, and shall pay the debts of the company, and adjust the rights of the contributories among themselves : (ci) The list of contributories shall be primú facie evidence of the liability of the persons named therein to be contributories :

(vii) When several liquidators are appointed, every power hereby given 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:

(c) If from any cause whatever there is no liquidator acting, the COURT may, cn the application of a contributory, appoint a liquida-

tor:

(a) The court may, on cause shown, remove ૧ liquidator, and appoint another liquidator.

180.-(1) The liquidator in a voluntary winding-up shall, within five weeks after his appointment, le with the registrar of companies a notice of his appointment in the form prescribed by the Governor.

(2) If the liquidator fails to comply with the require- ments of this section he shall be liable to a fize not exceed- ing fifty dollars for every day during which the default continues.

181

-(1) Every liquidator appointed by a company in a voluntary winding-up shall, within three weeks from his appointment, send notice by registered post to the official receiver and 10 all persons who appear to him to be greditors of the company that a meeting of the credi-ors of the com- pany will be held on a date, not being less than four nor more than five weeks after his appointment, and at a place and hour, to be specified in the notice, and shall also adver- tise notice of the miceting once in the Gazte and once at least in two local newspapers cireulating in the district where the principal place of business of the company was situate.

(2) At the meeting to be held in pursuinee of the fore- going provisions of this section at which 6 655 ial receiver shall have the right to be present and to sp as the creditors shall determine whether an application shu!! ! e made to the court for the appointment of any person as li aidater in the place of or jointly with the liquidater ep-fated by the company, or for the appointment of a coun see of inspec- tion, and, if the creditors so resolve, an applicain may be made accordingly to the court at any time, ma later than fourteen days after the date of the meeting, by any creditor appointed for the purpose at the meeting.

(3) On any such application the court may make an order either for the removal of the liquidator a moiated by the company and for the appointment of sane alor person as liquidator or for the appointment of sune ole. person to act as liquidator jointly with the liquidaer op dated by the company, or for the appointment of a colon tes of inspec- tion either together with or without any such - appointment of a liquidator or such other order as, having regard to the interests of the creditors and contributor.es of ce company, may seem just,

(4) No appeal shall lie from an order of the court upon such application under this section.

(5) The court shall make such order as to the costs of the application as it may think fit, and if it is of opinion that, having regard to the interests of the ere litors in the liquidation, there were reasonable grounds for the applica- tion, may order the costs of the application to be paid out of the assets of the company, notwithstanding that the application is dismissed or otherwise disposed of adversely to the applicant.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 663

•

182.--(1) If a vacancy occurs by death, resignation, or Power to fill otherwise in the office of liquidator appointed by the com- vacancy in pany in a voluntary winding up, the company in general office of

liquidator. meeting may, subject to any arrangement with its creditors, 3 Edw. 7 c.

fill the vacancy,

(2) For that purpose a general meeting may be con- vened by any contributory or, if there were more quidators than one, by the continuing liquidators.

(3) The meeting shall be held in mauner prescribed by the articles, or in such manner as may, on application by any contributory or by the coutinning liquidators, be deter- mined by the court.

69 s. 189.

183.--(1) A company about to be, or in course of being Delegation wound up voluntarily may, by extraordinary resolution of authority delegate to its creditors, or to any committee of them, the to appoint

liquidators. power of appointing liquidators or any of then, and of 72190, supplying vacancies among the liquidators, or enter into any arrangement with respect to the powers to be exercised by the liquidators, and the manner in which they are to be exercised.

(2) Any act done by creditors in pursuance of any such delegated power shall have the same effert as if it had been done by the company,

ment when

184.--(1) Any arrangeme it entered into between a Arrange- company about to be, or in the course of being, wound up binding on voluntarily and its creditors shall, subject to any right of creditors. appeal nider this section, be binding on the company if 7b, s. 191. sanctioned by an extraordinary resolution, and on the creditors if acceded to by three fourths in number and value of the creditors.

(2) Any creditor or contributory may, within three weeks from the completion of the arrangement, appeal to the court against it, and the court may ther upon, as it thinks just, amend, vary, or confirm the arrangement.

Power of liquidator to

shares &c. as considera-

th, s. 192.

185-(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 propery is proposed to be accept transferred or sold to another company in this section called the transferce company), the liquitator of the first- tion for sale mentioned company (in this section called the transferor of property company) may, with the sanction of a special resolution of of company. that company, conferring either a general authority on the liquidator or an authority in respect of any partienlar arrangement, receive in compensation or part compensation for the transfer or sale, shares, policies, or other like interests in the transferce company, for distribution among the members of the transferor company, or may enter into any other arrangement whereby the members of the trans- feror 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 at either of the meetings held for passing and confirming the same expresses his dissent therefrom in writing addressed to the liquidator, and left at the registered office of the company within seven days after the confirmation of the resolution, he may require the liquidator either to abstain from carrying the resolution into effect, or to purchase his interest at a price to be determined 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 com- pany 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 pur- poses of this section by reason that it is passed before or concurrently with a resolution for winding up tlie company, 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 rot be valid unless sanctioned by the court,

664

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

8 & 9 Viet. c. 16.

Power to apply to court.

8 Edw. 7 c. 69 s. 193.

Power of

liquidator to call general meeting Ib. s. 194.

Final meet- ing and dissolution Zb s. 195.

(6) For the purposes of an arbitration under this section the provisions of the Companies Clauses Consolidation Act, 1845, of the Imperial Parliament, with respect to the settlement of disputes by arbitration, shall be incorporated with this Ordinance. In the construction of such provi- sions this Ordinance shall be deemed to be the special Act, and the company

shall mean the transferor company, and the words "the Board of Trade" shall be read as meaning the Governor, 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, if only oue, or any two or more of the liquidators if more than one.

186.--(1) Where a company is being wound up volun- tarily the liquidator or any contributory or creditor or the official receiver may apply to the court to determine any question arising in the winding up, or to exercise, as res- pects the enforcing of calls, or any other matter, all or any of the powers which the court might exercise if the couì- pany 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 acce te wholly or partially to the application on such terms and conditions as the court thinks fit, or may make such other order on the application as the court thinks just.

187.-(1) Where a company is being wound up volun- tarily, the liquidator may 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 purposes he may think fit.

(2) In the event of the winding up continuing for more than one year, the liquidator shall summon a general meet- ing 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 shall lay before the meeting an account of his acts and dealings and of the conduct of the winding up during the preceding

year.

188.-(1) In the case of every voluntary winding up, 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 rlie property of the company has been disposed of; and there- upon shall forward a copy of the account to the official re- ceiver who shall have full power to investigate and report thereon and thereafter the liquidator shall call a general meeting of the company for the purpose of laying before it the account and the official receiver's report (if any), and giving any explanation thereof.

(2) The meeting shall be called by advertisement in the Gazette and in two local newspapers circulating in the district where the principal place of business of the company was situate, 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 make a return to the registrar of companies of the holding of the meeting, and of its date, and in default of so doing shall be liable to a fine not exceeding fifty dollars for every day during which the default continues.

(4) The registrar on receiving the return shall forthwith register it, 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 the official receiver 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 applica- tion an order of the court under this section is made, within seven days after the making of the order, to file with the

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 665

registrar 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.

189. All costs, charges, and expenses properly incurred Costs of in the voluntary winding up of a company, including the voluntary remuneration of the liquidator, shall be payable out of the liquidation. assets of the company in priority to all other claims.

8 Edw. 7 c. 69 s. 196.

contribu-

190. The voluntary winding up of a company shall not Saving for bar the right of any creditor or contributory to have it rights of wound up by the court, if the court is of opinion, in the creditors and case of an application by a creditor, that the rights of the tories. creditor or,

the case of an application by a contributory, 77, s. 197. that the rights of the contributories will be prejudiced by a voluntary winding up.

191. Where a company is being wound up voluntarily, Power of and an order is made for winding up by the court, the court may if it thinks fit by the same or any subsequent order provide for the adoption of all or any of the proceedings in the voluntary winding up.

Winding Up subject to Supervision of Court.

court to adopt pro- ceedings of voluntary winding up. Ib. s. 198.

192. When a company has by special or extraordinary Power to resolution resolved to wind up voluntarily, the court may order wind- make an order that the voluntary winding up shall continue ing up sub- but subject to such supervision of the court, and with such ject to super- liberty for creditors. contributories, or others to apply to 16, s. 199. the court, and generally on such terms and conditions as the court thinks just.

vision.

193. A petition for the continuance of a voluntary Effect of winding up subject to the supervision of the court shall, petition for for the purpose of giving jurisdiction to the court over winding up actions. be deemed to be a petition for winding up by the subject to

court.

supervision. 13, s. 200.

194. The court may, in deciding between a winding up Court may by the court and a winding up subject to supervision, in have regard the appointment of liquidators, and in all other matters to wishes of relating to the winding up subject to supervision, have creditors and regard to the wishes of the creditors or contributories as tories. proved to it by any sufficient evidence.

195.-(1) Where an order is made for a winding up subject to supervision, the court may by the same or any subsequent order appoiut any additional liquidator.

(2) A liquidator appointed by the court under this section shall have the same pewers, be subject to the same obligations, and in all respects stand in the same position as if he had been appointed by the company.

(3) The court may remove any liquidator so appointed by the court or any liquidator continued under the supervi- sion order and fill any vacancy occasioned by the removal, or by death or resignation.

contribu-

Ib. s. 201.

Power for court to ap point or re- move liqui dators. Ib. s. 202.

Effect of

s. 203.

196.-(1) Where an order is made for a winding up subject to supervision, the liquidator may, subject to any supervision

order. restrictions imposed by the court, exercise all his powers, without the sauction or intervention of the court, in the same manuer as if the company were being wound up altogether voluntarily.

(2) A winding up subject to the supervision of the court is not a winding up by the court for the purpose of the following provisions of this Ordinance namely, those contained in sections 143, 144 (except sub-section 9), 147, 149, 150, 151, 153, 155, 156, 157, 168 and 170, but, sub- ject as aforesaid, an order for a winding up subject to supervision shall for all purposes, including the staying of actions and other proceedings, the making and enforcement of calls, and the exercise of all other powers, be deemed to be an order for winding up by the court.

666 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Avoidance of transfers, &c. after com-

mencement of winding up.

8 Edw. 7 c. 69 s. 250.

Debts of all

descriptions to be proved.

Ib. s. 206.

Application of bank-

ruptcy rules in winding up of insol- vent com- panies.

Ib. s. 207.

Preferential payments. Ib. s. 209.

Supplemental Provisions.

197-(1) In the case of voluntary winding up, every transfer of shares, except transfers made to or with the sanction of the liquidator, and every alteration in the status of the members of the company made after the commen- cement of the winding up, shall be void.

(2) In the case of a winding up by or subject to the supervision of the court, every disposition of the property (including things in action) of the company, and every transfer of shares, or alteration in the status of its members, made after the commencement of the winding up, shall, unless the court otherwise orders, be void.

198. In every winding up (subject in the ase of insol- vent 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, ascer- tained or sounding only in damages, shall be a imissible 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.

199. In the winding up of an insolvent cor pany 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 amuities and future and contingent liabilities as are in force for the time being under the law of bankruptcy with respect to the estates of 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 clainis against the company as they respectively are entitled to by virtue of this section.

202.-(1) In a winding up there shall be paid in prior- ity to other debts-

(a) All local rates due from the company at the date hereinafter mentioned, and having become due and payable within twelve months next before that date; and

(b) All wages or salary of any e'erk or servant in respect of services rendered to the company during four months before the said date, not execeding five hundred dollars; and

(c) All wages of any workman or labourer not exceeding two hundred and fifty dollars, whether payable for time or for piece work, in respect of services rendered to t: é company during two months before the said date.

(2) The foregoing debts shal-

(4) 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) So far as the assets of the company available for payment of gene ai creditors are insufficient to meet them, have prioray over the claims of holders of debentures under any floating charge created by the company, wad be paid accord- ingly out of any property comprised in or subject to that cuange.

(3) Subject to the retention of such sums as may be necessary for the costs and expe.ss of the winding up, the foregoing debts shall be discharged forthwith so far as the assets are sufficient to meet them.

(4) In the event of a distraint on any goods or effects of the company within three months next before the date of a winding-up order, the debts 10, 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 :

any

Provided that in respect of any money paid under such charge the person entitled to apply for a warrant of distress shall have the same rights of priority as the person to whom the payment is made.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

667

(5) The date hereinbefore in this section referred to is--

(a) in the case of a company ordered to be wound up compulsorily which had not previously com- menced to be wound up voluntarily, the date of the winding up order; and

(b) in any other case, the date of the commencement

of the winding up.

8 Edw. 7 c.

201.-(1) Any conveyance, mortgage, delivery of goods Fraudulent payment, execution, or other act relating to property which preference. would, if made or done by or against an individual, be 69%, 216. deemed in his bankruptcy à 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 presentation of a petition for winding up in the case of a winding up by or subject to the supervision of the court, and a resolution for winding up in the case of a voluntary winding up, shall be deemed to correspond with the act of bankruptcy 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.

202. Where any company is being wound up by or Avoidance subject to the supervision of the court, any attachment, of certain sequestration, distress, or execution put in force against the attachments, estate or effects of the company after the cominencement of &e, the winding up shall be void to all intents.

execution,

Ib. s. 211.

1b. s. 212.

203. Where a company is being wound up, a floating Effect of charge on the undertaking or property of the company floating created within three months of the commencement of the charge. 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.

204. (1) The liquidator may, with the sanction follow- General ing (that is to say)--

scheme of liquidation

(a) in the case of a winding up by the court with

　　　　　　　　　　　may be the sauction either of the court or of the com- sanctioned. mittee of inspection;

Ib. s. 214.

(b) in the ease of any winding up subject to super- vision, with the sanction of the court ; and

(e) in the case of a voluntary winding up, with the sanction of an extraordinary resolution of the company,

do the following things or any of them :--

(i) Pay any classes of creditors in full; () 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, ascer- tained or sounding only in damages against the company, or whereby the company may be rendered liable:

(ii) Compromise all calls and liabilities to calls, debts, and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, ascertained or sounding 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.

668

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power of

court to as-

sess damages against de- linquent directors, &c.

8 Edw. 7 c. 69 s. 215.

(2) In the case of a winding up by the court the exer- cise by the liquidator of the powers of 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 of those powers.

205.-(1) Where 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 liquidator, or any officer of the company, has misapplied or retained or become liable or accountable for any money or property of the company, or been guilty of any misfeasance or breach of trust in relation to the company, the court may, on the application of the official receiver, or of the liquidator, or of any creditor or contributory, examine into the conduct of the promoter, director, manager, liquidator, or officer, and compel him to repay or restore the money or property or any part thereof respectively with interest at such rate as the court thinks just, or to contribute such sum to the assets of the company by way of compensation, in respect of the misapplication, retainer, misfeasance, or breach of trust as the court thinks just.

(2) This section shall apply notwithstanding that the offence is one for which the offender may be criminally responsible.

(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 No. 7 of 1891. Bankruptcy Ordinance, 1891.

Ordinance

Falsification

demeanor.

Ib. s. 216.

206. If any director, officer, or contributory of any of books mis 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 misdemeanor.

Prosecution

Ib. s. 217.

207.-(1) If it appears to the court in the course of a of delinquent winding up by or subject to the supervision of the court directors, &c. that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally res- ponsible, the court may on the application of any person interested in the winding up, or of its own motion, direct the liquidator to prosecute for the offence, and may order the costs and expenses to be paid out of the assets of the company.

Penalty on perjury.

b. s. 218.

Meetings to ascertain wishes of

creditors or contribu tories.

lb. s. 219.

(2) If it appears to the liquidator in the course of a voluntary winding up that any past or present director, manager, officer, or member of the company has been guilty of any offence in relation to the company for which he is criminally responsible, the liquidator, with the previous sanction of the court, may prosecute the offender, and expenses properly incurred by him in the prosecution shall be payable out of the assets of the company in priority to all other liabilities.

208. If any person, on examination on oath authorised under this Ordinance or in any affidavit or deposition in or about the winding up of any company or otherwise in or about any matter arising under this Ordinance wilfully and corruptly gives false evidence, he shall be liable to the penalties for wilful perjury.

209,-(1) Where by this Ordinance the court is autho- rised, in relation to winding up, to have regard to the wishes of creditors or contributories, as proved to it by any sufficient evidence, the court 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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15,

•

(3) In the case of contributories, regard shall be had to the number of votes conferred on each contributory by the articles.

210. Where any company is being wound up, all books Books of and papers of the company and of the liquidators shall, as company to between the contributories of the company, be primâ facie be evidence. 8 Edw. 7 c. evidence of the truth of all matters purporting to be 69 s. 220.

therein recorded.

211. After an order for a winding up by or subject to the Inspection supervision of the court, the court may make such order for of books. inspection by creditors and contributories of the company Ib. s. 221. of its books and papers as the court thinks just and.any books and papers in the possession of the company may be inspected by creditors or contributories accordingly, but not further or otherwise.

company

212.-(1) When a company has been wound up and is abont to be dissolved,' the books and papers of the 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

voluntary winding up in such

way as the company by extraordinary resolu-

tion directs.

(2) After five years from the dissolution of the company no responsibility shall rest

　　　　　　on the company, or the liquidators, or any person to whom the custody of the books and papers has been committed, by reason of the same not being forthcoming to any person claiming to be interested therein.

Disposal of books and

papers of

company. Ih. s. 222.

Power of

solution of

213.--(1) Where a company has been dissolved, the court may at any time within two years of the date of the court to dissolution, on an application being made for the purpose declare dis- by the liquidator of the company or by any other person company who appears to the court to be interested, make an order, com upon such terms as the court thinks fit, declaring the 7. s. 223. dissolution to have been void, and thereupon such proceed- ings 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 appli- cation the order was made, within seven days after the making of the order, to file with the registrar of companies 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.

tions.

214.-(1) Where a company is being wound up, if the Information winding up is not concluded within one year after its com- as to pend- mencement, the liquidator shall, at such intervals as may ing liquida- 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 fee, to inspect the statement, and to receive a copy thereof or extract therefrom; but any person untruth- fully so stating himself to be a creditor or contributory shall be guilty of a contempt of court, and shall be punish- able accordingly on the application of the liquidator or of the official receiver.

(3) If a liquidator fails to comply with the requirements. of this section he shall be liable to a fine not exceeding five hundred dollars for each day during which the default continues.

(4) If it appears from any such statement or otherwise that a liquidator has in his hands or under his control any money representing unclaimed or undistributed assets of the company which have remained unclaimed or undistributed for six months after the date of their receipt, the liquidator shall forthwith pay the same to the Companies Liquida- tion Account at the bank, 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.

Ib. s. 224.

1911.

669

670

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Judicial notice of signature of officers.

8 Edw. 7 c. 69 s. 225.

Affidavit. IL. s. 228.

Companies

Account defined.

(5) 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 eighty of the Bankruptcy Ordinance, 1891, for the purpose of ascertaining and getting in the sums, funds, and dividends referred to in that section,

(6) 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 of the same, and the official receiver may, on a certificate by the liquidator that person claiming is entitled, make an order for the

to that person of the sum duc.

(7) Any person dissatisfied with the decision of the official receiver in respect of any claim made in pursuance of this section may appeal to the court.

215. 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 court, and also of the official seal or stamp of the several offices of the court, appended to or impressed on any document made, issued, or signed under the provisions of this Part of this Ordin- ance, or any official copy thereof.

216.--(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 domin- ions of His Majesty, before any court, judge, or person law- fully 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.

(2) All courts, judges, justices, commissioners, and per- sons acting judicially shall take judicial notice of the seal or stamp or signature (as the case may be) of any such court, judge, person, consul, or vice-consul attached, ap- pended, or subscribed to any such affidavit, or to any other document to be used for the purposes of this Part of

this Ordinance.

217.-(1) An account, called the Companies Liquida- Liquidation tion Account, shall be kept by the official receiver at such bank as the colonial treasurer may direct, and all moneys received by the official receiver in respect of proceedings under this Ordinance in connection with the winding up of companies shall be paid to that account.

Ib. s. 229.

Separate accounts of particular

estates. Tb. s. 231.

Officers and

remunera- tion.

Ib. s. 233. 231.

(2) All payments out of money standing to the credit of the official receiver in the Companies Liquidation Accomut shall be made by the said bank in the prescribed manner.

213. -(1) An account shall be kept by the official re- ceiver 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 execss of the amount which, in the opiniou of the committee of inspec- tion, is required for the time being to answer demands in respect of that company's estate, the official receiver shall, on the request of the committee, invest the amount not so required in such securities as the court may direct, 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.

219.-(1) The Governor may appoint such additional officers as may be required for the execution of this Part of this Ordinance and may remove any person so appointed,

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(2) The Governor shall direct whether any and what remuneration is to be allowed to any officer or person per- forming any duties under this Part of this Ordinance in relation to the winding up of companies, and may vary, increase, or diminish that remuneration as he thinks fit.

(3) The accounts of the official receiver under this Ordinance in relation to the winding up of companies shall be audited in such manner as the Governor may direct, and the official receiver shall make such returns and give such information as the Governor may direct.

Rules and Fees.

220.-(1) The Chief Justice with the approval of the Rules and Legislative Council may make general rules for carrying fees for into effect the objects of this Ordinance so far as relates winding up to the winding up of companies, and to local registers and also rules of procedure for the purposes of this Ordin- ance including rules as to costs and fees.

(2) There shall be paid in respect of proceedings under this Ordinance in relation to the winding up of companies such fees and by such person and in such manner as the Chief Justice with the approval of the Legislative Council may direct.

(3) The authority having power to make rules or give directions under this section may, by any such rules or directions, repeal, alter, or amend any rules and directions which are in force at the commencement of this Ordinance.

and local registers and procedure. 8 Edw. 7 c. 69 s. 237.

221. Subject to the provisions of this Ordinance with Subject te respect to fees and costs and to any rules made thereunder this Ordin- the same fees and percentages and solicitors' costs shall be ance fees payable as are provided for similar matters or proceedings and costs to in the Original Jurisdiction of the court.

Removal of Defunct Companies from Register.

assimilate to those in Original Jurisdiction of court.

222. (1) Where the registrar of companies has reason- Registrar able cause to believe that a company is not carrying on may strike business or in operation, he shall send to the company by registered post a letter inquiring whether the company is carrying on business or in operation.

(2) If the registrar does not within one month of send- ing 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 with a view to striking the name of the company off the register.

(3) If the registrar either receives an answer from the company to the effect that it is not carrying on business or in operation, or does not within one month after sending the second letter receive any answer, he may publish in the Gazette, 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 couse- cutive mouths after notice by the registrar demanding the returns has been sent by post to the company, or to the liquidator at his last known place of business, the registrar may publish in the Gazette and send to the company a like notice as is provided in the last preceding subsection.

defunct company off register. Ib. s. 242.

671

672

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Registration office. * Edw. 7 c. 69 s. 243.

Fees.

0. s. 241.

(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 on the publication in the Gazette of this notice the company shall be dissolved: Provided that the liability (if any) of every director, managing officer, and member of the com- pany shall continue and may be enforced as if the company had not been dissolved.

(6) 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 company or member or creditor 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 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.

(7) 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.

PART V.

REGISTRATION OFFICE AND FEES.

223.--(1) For the purposes of the registration of com- panies under this Ordinance, there shall be a registration office in the Colony,

(2) The Governor may appoint such registrars, assistant registrars, clerks, and servants as he thinks necessary for the registration of companies under 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.

(4) The Governor may direct a seal or seals to be pre- pared for the authentication of documents required for or connected with the registration of companies.

(5) Any person may inspect the documents kept by the registrar on payment of one dollar for each inspection; and any person may require a certificate of the incorporation of any company, or a copy or certified copy thereof, or a copy or extract of any other document or any part of any other document, to be certified by the registrar, on pay- ment of five dollars for a certificate of incorporation or a copy or certified copy thereof, and of forty cents for each folio of a certified copy or extract of any other document.

(6) A copy of or extract from any document kept and registered at the office for the registration of companies certified to be a true copy under the hand of the registrar or an assistant 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.

(7) 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 autho- rise.

224.-(1) There shall be paid to the registrar in respect of the several matters mentioned in Table B. in the First Schedule to this Ordinance the several fees therein speci- fied, or such smaller fees as the Governor may from time to time direct.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

(2) All fees paid to the registrar in pursuance of this Ordinance shall be paid to the Colonial Treasurer.

PART VI.

APPLICATION OF ORDINANCE TO COMPANIES

FORMED AND REGISTERED UNDER

FORMER ORDINANCES.

of Ordinance to companies

225. In the application of this Ordinance to existing Application companies, it shall apply in the same manner in the case of a limited company, other than a company limited by formed under guarantee, as if the company had been formed and registered former under this Ordinance as a company limited by shares; in Ordinances. the case of a company limited by guarantee, as if the com- 8 Edw. 7 c. pany had been formed and registered under this Ordinance 69 s. 245. as a company limited by guarantee; and 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 in fact registered.

226. This Ordinance shall apply to every company Application registered but not formed under the Companies Ordinance, of Ordinance to companies 1865, or the Companies (Registration) Ordinance, 1866, in registered the same manner as it is hereinafter in this Ordinance under former declared to apply to companies registered but not formed Companies

Ordinances. under this Ordinance.

Ib. s. 246.

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 Companies (Registration) Ordin- ance, 1866 as the case may be.

PART VII.

COMPANIES AUTHORISED TO REGISTER UNDER

THIS ORDINANCE.

227.--(1) With the exceptions and subject to the Companies provisions mentioned and contained in this section,-

capable of being regis-

Or more tered.

() any company consisting of seven

members, which was formed for the purpose of carrying on the business of banking, and which was in existence at the time of the commence- ment of this Ordinance;

(ii) any company consisting of seven

OP more

members, which was in existence on the first day of May eighteen hundred and sixty-five ; (ii) any company formed after the date aforesaid, whether before or after the commencement of this Ordinance in pursuance of any Ordinance other than this Ordinance, or being otherwise duly constituted by law, and consisting of seven or more members ;

may at any time register under this Ordinance as an un- limited 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.

(2) Provided as follows:-

(a) A company having the liability of its members limited, and not being a joint stock company as hereinafter defined, shall not register in pursuance of this section:

(b) A company having the liability of its members limited shall not register in pursuance of this section as an unlimited company or as a com- pany limitel by guarantee :

(c) A company that is not a joint stock company as hereinafter defined shall not register in pursuance of this section as a company limited by shares :

7b, s. 249.

673

674

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Definition of joint stock company.

8 Edw. 7 c. 69 s. 250.

Liability of bank of issue

unlimited in respect of notes. Ib. s. 251.

Require- ments for registration by joint stock com- panies. Ib. s. 252.

(d) 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 company) at a general meeting summoned for the purpose:

(e) Where a company not having the liability of its members limited is about to register as a limited company, the majority required to assent as aforesaid shall consist of not less than three- fourths of the members present in person or by proxy at the meeting :

(ƒ) Where a company is about to register as a company limited by guarantee, the assent to its being so registered shall be accompanied by a resolution declaring 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 member, or within one year afterwards, for payment of the debts and liabilities of the company contracted before he ceased to be a member, and of the costs and expenses of wind- ing up, and for the adjustment of the rights of the contributories among themselves, such amount as may be required, not exceeding a specified amount.

(3) 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.

(4) A company registered under the Companies Ordin- ance, 1865, or the Companies Registration Ordinance, 1866, shall not be registered in pursuance of this section.

228. For the purposes of this Part of this Ordinance, 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.

229.-(1) A bank of issue registered under this Ordin- ance 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; but 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 satisfy- ing the remaining 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.

"the

(2) For the purposes of this section the expression general assets means the funds available for payment of the general creditor as well as the uote-holder.

(3) Any bank of issue registered under this Ordinance 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.

230. 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 (that is to say):-

(1) A list showing the names, addresses, and occupa- tions 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

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 13, 1911.

675

company, with the addition of the shares or stock held by them respectively, distinguishing, in cases where the shares are numbered, cach share by its number;

(2) A copy of any Act of Parliament, Ordinance, royal charter, letters patent, deed of settlement, contract of copartnery, cost book regulations, or other instrument constituting or rgulating the company; and

(3) If the company is intended to be registered as a limited company, a statement specifying the following particulars (that is to say) :-

(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 guar- antee, the resolution declaring the amount of the guarantee.

231. Before the registration in pursuance of this Part Require- of this Ordinance of any company not being a joint stock ments for company, there shall be delivered to the registrar-

(1) A list showing the names, addresses, and occupa- tions of the directors or other managers (if any) of the company; and

registration by other

than joint stock com- panies.

8 Edw. 7 c.

(2) A copy of any Act of Parliament, Ordinance, 69 s. 253.

letters patent, deed of settlement, contract of copartnery, cost book regulations, or instrument constituting or regulating the com- pany; and

other

(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.

232. The lists of members and directors and any other Authentica- particulars relating to the company required to be delivered tion of state- to the registrar shall be verified by a statutory declaration of any two or more directors or other principal officers of the company.

233. 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 not a joint stock company as hereinbefore defined.

ments of existing companies. Ib. s. 254.

Registrar may require

evidence as to nature of

company. Ib. s. 255.

234.--(1) Where a banking company which was in On registra- existence at the time of the commencement of this Or- tion of bank- dinance proposes to register as a limited company, it ing company

　　　　　　　　　　　　　　　　　　　　　　　　　　　with limited shall, at least thirty days before so registering, give notice

liability, of its intention so to register to every person who has a notice to be banking account with the company, either by delivery of given to cus- the notice to him, or by posting it to him at, or deliver- ing it at, his last known address.

(2) If the company omits to give the notice required by this section, then as between the company and the person for the time being interested in the account in respect of which the notice ought to have been given, and so far as respects the account down to the time at which notice is given, but not further or otherwise, the certificate of registration with limited liability shall have no operation.

tomers.

Ib. s. 256.

235. No fees shall be charged in respect of the regis- Exemption tration in pursuance of this Part of this Ordinance of a of certain company if it is not registered as a limited company, or if companies before its registration as a limited company the liability of ment of fees. the shareholders was limited by some other Ordinance, Act 7. s. 257. of Parliament or letters patent.

from pay-

676

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Addition of

"limited" to

name.

8 Edw. 7 e.

69 s. 258.

Certificate of

registration

of existing companies. Ib. s. 259.

Vesting of

property on registration, Ib. s. 260.

Saving for existing lia

bilities. Ib. s. 261.

Continuation

of existing actions.

Ib. s. 262.

Effect of registration.

I', s. 263.

236. 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.

237. On compliance with the requirements of this Part of this Ordinance with respect to registration, and on pay- ment of such fees, if any, as are payable under Table B, in the First Schedule to this Ordinance, the registrar shall certify under his hand that the company 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 incorporated and shall have perpetual succession and a common seal with power to hold lands,

238. 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 Ordinance for all the estate and interest of the company therein.

239. 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 obliga- tion incurred, or any contract entered into, by, to, with, or on behalf of, the company before registration.

240. 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; nevertheless 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,

241. When a company is registered in pursuance of this Part of this Ordinance-

(¿) All provisions contained in any Act of Parlia- ment, Ordinance, deed of settlement, contract of copartnery, cost book regulations, letters patent, or other instrument constituting or 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, 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 company had been formed under this Ordinance, have been required to be inserted in the memorandum, were con- tained in a registered memorandum, and the residue thereof were contained in registered articles:

(7) 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 (that is to say):-

(a) The regulations in Table A. in the First Schedule to this Ordinance shall not apply unless adopted by special resolution;

(b) The provisions of this Ordinance re- lating to the numbering of shares shall not apply to any joint stock company whose shares are not numbered ;

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

677

(e) Subject to the provisions of this section. the, company shall not have power to alter any provision contained in any Act of Parliament or Ordinance relating to the company ;

(d) Subject to the provisions of this see- tion the company shall not have power, without the sanction of the Governor, to alter any provision contained in any letters patent relating to the company;

(e) The company shall not have power to alter any provision contained in a royal charter or letters patent with respect to the objects of the company;

(f) In the event of the company being wound up, every person shall be a contributory, in respect 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; and 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, heirs, and devisees of deceased contributories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply:

(iii) The provisions of this Ordinance with respect

to-

(a) the registration of an unlimited com- pany as limited;

(b) the powers of an unlimited company on registration 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;

(e) 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 Act of Parliament, Ordinance, royal charter, deed of settlement, contract of copartnery, cost book regulations, letters patent, or other instrument constituting or regulating the company:

(iv) Nothing in this section shall authorise the company to alter any such provisions contained in any deed of settlement, contract of copart- nery, cost book regulations, letters patent, or other instrument constituting or regulating the company, as would, if the company had origin- ally been formed under this Ordinance have been required to be contained in the memo- randum and are not authorised to be altered by this Ordinance.

(v) Nothing in this Ordinance shall derogate from any power of altering its constitution or regula- tions which may by virtue of any Act of Parlia- ment, Ordinance, deed of settlement, contract of copartnery, letters patent, or other instrument constituting or regulating the company, be vested in the company.

678

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power to substitute

memo-

randum and articles

for deed of settlement.

8 Edw. 7 c. 69 s. 261.

Power of

court to stay

or restrain proceedings. Ib. 8. 265.

Actions stayed on winding-up order.

Ib. s. 266.

Meaning of

company. Ib. s. 267.

242. (1) Subject to the provisions of this section, at company registered in pursuance of this Part of this Ordin- ance may by special resolution alter the form of its constitu- tion 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 memo- randum 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 com- pany's deed of settlement shall cease to apply to the company.

(3) Au alteration under this section may be made either with or without any alteration of the objects of the com- pany under this Ordinance.

(4) In this section the expression "deed of settlement" 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.

243. 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 pursu- ance of this Part of this Ordinance where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the company.

auce

244. Where an order has been made for winding up a company registered in pursuance of this Part of this Ordin- no action or proceeding shall be commenced 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.

PART VIII.

WINDING UP OF UNREGISTERED COMPANIES. 245. For the purposes of this Part of this Ordinance unregistered the expression "unregistered company" shall not include a railway company incorporated by Ordinance nor a company registered under the Companies Ordinance, 1865, or under the Companies (Registration) Ordinance, 1866, or under this Ordinance, but, save as aforesaid, shall include any partnership, association, or company consisting of more than seven members.

Winding up of unregis- tered con:- panies.

Ih. s. 268,

246.-(1) Subject to the provisions of this Part of this Ordinance any unregistered company may be wound up under this Ordinance and all the provisions of this Or- dinance with respect to winding up shall apply to an unregistered company, with the following exceptions and

additions:

→

(2) The principal place of business, in the Colony, of an unregistered company shall for all the pur- poses of the winding up be deemed to be the registered office of the company.

() No unregistered company shall be wound up under this Ordinance voluntarily or subject to supervision:

(iii) The circumstances in which an unregistered company may be wound up are as follows (that is to say ):--

(a) If the company is dissolved, or has ccased to carry on business, or is carrying on

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

business only for the purpose of winding up its affairs ;

(b) If the company is unable to pay its

debts;

(iv) An unregistered company shall, for the pur- poses of this Ordinance, be deemed to be unable to pay its debts :-

(a) If a creditor, by assignment or other- wise, to whom the company is indebted in a 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 other- wise serving in such manner as the court may approve or direct, a demand under his hand requiring the company 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;

(b) 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 prin- cipal place of business, or by delivering it to the secretary, or some director, manager, or princi- pal officer of 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 proceeding 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;

(c) If execution or other process issued on a judgment, decrce, or order obtained in any court in favour of a creditor against the com- pany, or any member thereof as such, or any person authorised to be sued as nominal defend- ant on behalf of the company, is returned unsatisfied;

(d) If it is otherwise proved to the satis faction of the court that the company is unable to pay its debts.

(2) 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 repealed 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.

247.-(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

　　　　　　　　　　　　　　　　　　　　　　　　of unregis- the payment of any debt or liability of the company, tered com- or to pay or contribute to the payment of any sum for the pany. adjustment of the rights of the members among themselves, 8 Edw. 7 c. or to pay or contribute to the payment of the costs and 69 s. 269. expenses of winding up the company, and every contribu- tory 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 insolvency, of any contributory, or marriage of any female contributory, the provisions of this Ordinance with respect to the personal

679

680

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Power of

or restrain

representatives, heirs, and devisees of deceased contribu- tories, to the trustees of bankrupt or insolvent contributories, and to the liabilities of husbands and wives respectively, shall apply.

248. The provisions of this Ordinance with respect to court to stay staying and restraining actions and proceedings against a proceedings. 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 unregistered company, where the application to stay or restrain is by a creditor, extend to actions and proceedings against any contributory of the

8 Edw. 7 c. 69 s. 270.

Actions stayed on

company.

249. Where an order has been made for winding up an unregistered company, no action or proceeding shall be winding-up 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.

order. Ib. s. 271.

Directions as to property in certain

cases.

Ib. s. 272.

Provisions of Part of Or- dinance cumulative. Ib. s. 273.

Requires ments as to companies established outside the Colony. Ib. s. 274

250. If an unregistered company has no power to sue and be sned in a common name, or if for any reason it appears expedient, the court may by the winding-up order, or by any subsequent order, direct that all or any part of the property, real and personal (including things in action), belonging to the company, or to trustees on its behalf, is to vest in the liquidator by his official name, and thereupon the property or the part thereof specified in the order 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 relating to that property, or necessary to be brought or defended for the purposes of effectually winding up the company and recovering its property.

251. 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 un- registered companies which might be exercised or done by it or him in winding up companies formed and registered under this Ordinance; but 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 Ordinance.

PART IX.

COMPANIES ESTABLISHED OUTSIDE THE COLONY. 252-(1) Every company incorporated outside the Colony which shall establish a place of business within the Colony, shall within one month from the establishment of the place of business file with the registrar of companies-

(a) a certified copy of the charter, statutes, or me- morandum and articles of the company, or other instrument constituting or defining the constitu- tion of the company, and, if the instrument is not written in the English language, a certified translation in the English language thereof; (b) a list of the directors of the company; (e) 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 company shall within the prescribed time file with the registrar a notice of the alteration.

(2) 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 aforesaid and left at or sent by post to the address which has been so filed.

(3) Every company to which this section applies shall in every year file with the registrar such a statement in the form of a balance sheet as would, if it were a company

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

餐

formed and registered under this Ordinance and having a

share capital, be required under this Ordinance to be included

in the annual summary.

(4) Every company to which this section applies, and

which uses the word "Limited or the Chinese characters

有限公司,

A, as part of its name, shball-

(a) in every prospectus inviting subscriptions for its shares or debentures in the Colony state the

country in which the company is incorporated ; and

(b) conspicuously exhibit on every place where it carries on business in the Colony the name of the company and the country in which the company is incorporated; and

(c) have the name of the company and of the country in which the company is incorporated mentioned in legible characters in all bill-heads and letter paper, and in all notices, advertise- ments, and other official publications of the company.

(5) If any company to which this section applies fails to comply with any of the requirements of this section the company, and every officer or agent of the company, shall be liable to a fine not exceeding five hundred dollars, or, in the case of a continuing offence, fifty dollars for every day during which the failure continues.

(6) For the purposes of this section--

The expression "certified" means certified in the prescribed manner to be a true copy or a cor- rect translation;

The expression "place of business" includes a share transfer or share registration office; The expression "director includes any person occupying the position of director, by whatever name called; and

The expression "prospectus" means any prospectus, notice, circular, advertisement, or other invita- tion, offering to the public for subscription or purchase any shares or debentures of the com- pany.

(7) There shall be paid to the registrar 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.

companies incorporated

253.--(1) No company incorporated outside the Colony Power of may hereafter acquire immovable property unless:-

(a) it is empowered by its constitution to acquirentside the

immovable property; and

(b) it shall have filed with the registrar of companies the documents and particulars specified in para- graphs (a), (b) and (c) of sub-section (1) of section 252; and

Governor-in-Council.

(2) Subject to the provisions of this section any com- pany incorporated outside the Colony shall have power to acquire bold and dispose of lands in the Colony as if it' were a company incorporated under this Ordinance,

PART X.

SUPPLEMENTAL.

Legal Proceedings, Offences, &c.

Colony to hold lands.

8 Edw. 7 c. 69 s. 275.

254. All offences under this Ordinance made punishable Prosecution by any fine may be prosecuted under the Magistrates Ordin- of offences. ance, 1890.

lb. s. 276.

255. The magistrate imposing any fine under this Applications Ordinance may direct that the whole or any part thereof of fines. be applied in or towards payment of the costs of the 16. s. 277. proceedings, or in or towards the rewarding the person on whose information or at whose suit the fine is recovered, and subject to any such direction all fines under this Ordin- ance shall notwithstanding anything in any other Ordinance be paid to the Colonial Treasurer.

681

682

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Costs in actions by certain limited companies. 8 Edw. 7 c. 69 s. 278.

Penalty for failure to pay fine.

Power of court to

grant relief in certain

cases.

Ib. s. 279.

Penalty for false state- ment.

Ib. 8. 281.

Penalty for

improper use of word "Limited."

Ib. s. 282.

256. Where a limited company is plaintiff in 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.

257.-(1) If any company fails to pay the whole or any part of any fine or penalty imposed by a 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 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 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 the publication in the Gazette of this notice 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 re- gister, the court on the application of the company or member or creditor may, if satisfied that it is just that the company be restored to the register, order the name of the company to be restored to the register, and thereupon the company shall be deemed to have continued in existence as if its name had not been struck off; and the court may by the order give such directions and make such provisions as seem just for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off.

(4) A letter or notice under this section may be addressed to the company at its registered office, or, if no office has been registered, to the care of some director or officer of the company, or, if there is no director or officer of the company whose name and address are known to the re- gistrar of companies, may be sent to each of the persons who subscribed the memorandum, addressed to. him at the address mentioned in the memorandum.

Provided that nothing in this section shall affect any other legal method of enforcing fines or penalties imposed by a Magistrate.

258. If in any proceeding against a director, or person occupying the position of director, of a company for negligence or breach of trust it appears to the court hearing the case that the director or person is or may be liable in respect of the negligence or breach of trust, but has acted honestly and reasonably, and ought fairly to be excused for the negligence or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as the court may think proper.

259. 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 Fourth Schedule hereto, wilfully makes a statement false in any material particular, knowing it to be false, he shall be guilty of a misdemeanor.

260. If any person or persons trade or carry on business Limited" is the last under any name or title of which" 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

which that name or title has been used, every

day upon

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 683

Interpretation, &e.

261. In this Ordinance, unless the context otherwise Interpreta- requires, the following expressions have the meanings tion. hereby assigned to them (that is to say):-

"Existing company' means a company formed and registered under the Companies Ordinance, 1865, or under the Companies Registration Ordinance, 1866; "Company means a company formed and registered under this Ordinance or an existing company; "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 First Schedule to this Ordinance; 'Memorandum" means the memorandum of associ-

ation of a company, as originally framed or as altered in pursuance of the provisions of this Ordinance;

Document" includes summons, notice, order, and

other legal process, and registers ;

"Share" means share in the share capital of the company, and includes stock except where a distinction between stock and shares is express- ed or implied;

Debenture" includes debenture stock;

Books and papers" and "books or papers" include

accounts, deeds, writings, and documents; "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;

"The court" used in relation to a company means the Supreme Court of Hongkong and includes any Judge thereof;

The "Full Court" means the Chief Justice and the Puisne Judge of the Supreme Court, sitting together;

"General rules" meaus general rules made under

this Ordinance, and includes forms;

'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, or the Governor- in-Council;

"Director" means any person occupying the position of director by whatever name called and includes a general manager, manager and any person on a consulting or advisory committee, and any person who has the control of its affairs in the absence of a board of directors or of such con- sulting or advisory committee;

"Prospectus" means any prospectus, notice, circular, advertisement, or other invitation, offering to the public for subscription or purchase any' shares or debentures of a company;

"Solicitor" has the same meaning as in the Legal

Practitioners Ordinance, 1871.

Repeal of Ordinances and Transitional Provisions.

8 Edw. 7 c. 69 s. 285.

262. The following Ordinances are hereby repealed: Repeal of The Companies Ordinance, 1865, The Companies (Registra- Ordinances tion) Ordinance, 1866, The Companies (Local Registers) and Ordinance, 1907, The Foreign Corporations Land Ordinance, T. 286.

savings. Ib. 8. 1908, The Companies Amendment Ordinance, 1908, and The Companies (Local Registers) Amendment Ordinance, 1909.

Provided that the repeal shall not affect-

(a) The incorporation of any company registered under any enactment hereby repealed; nor (b) Table A in the First Schedule aunexed to the Companies Ordinance, 1865, or any part thereof (either as originally contained in that Schedule

684

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Saving of pending pro- ceedings for winding up. 8 Edw. 7 c. 69 s. 287.

Saving of deeds. Ib. s. 288.

Former re- gistration offices, regis- ters, official receivers, &c. continued. lb. s. 289.

Saving for existing rules of procedure

&c.

lb. s. 290.

Substitution

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 Ordinance; nor

(c) The rights which have been acquired by any foreign corporation under the Foreign Corpora- tions Land Ordinance, 1908.

263. 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.

264. Every conveyance, mortgage, or other deed, made before the commencement of this Ordinance in pursuance of any enactment hereby repealed, shall be of the same force as if this Ordinance had not passed, and for the purposes of that deed the repealed enactment shall be deemed to remain in full force.

265.-(1) The office existing at the commencement of this Ordinance for registration of companies shall be con- tinued as if it had beeù established under this Ordinance.

(2) Registers of companies kept in such existing office shall respectively be deemed part of the registers of com- panies to be kept under this Ordinance.

(3) The existing registrar of companies shall during the pleasure of the Governor hold the office hitherto held by him but subject to any regulations of the Governor with regard to the execution of his duties.

266. Until revoked and except as varied under the powers of this Ordinance, the general rules and orders, and scales of fees, under the Companies Ordinances, in force at the commencement of this Ordinance with respect to the procedure for reduction of capital, and to winding up companies, and the practice and procedure for winding up companies in force at the commencement of this Ordinance, shall so far as they are not inconsistent with this Ordinance, continue in force.

267. Where any enactment repealed by this Ordinance of provisions is mentioned or referred to in any document, that document shall be read as if the corresponding provision (if any) of this Ordinance were therein mentioned or referred to and

of this Or-

dinance for

provisions of

repealed Or- substituted for the repealed enactment.

dinances.

Ib. s. 291.

Saving for

Insurance

Companies Ordinances.

263. Nothing in this Ordinance shall affect the pro-

Life and Fire Visions of the Life Insurance Companies Ordinances, 1907 and 1909, the Fire Insurance Companies Ordinance, 1908, or the Fire Insurance Amendment Ordinance, 1908, except that references in those Ordinances to any provision of the Companies Ordinance, 1865, shall be read as re- ferences to the corresponding provision of this Ordinance.

Commence- ment of Or- dinance. Ib. s. 296.

269. This Ordinance shall come into operation on the 1st day of January, 1912.

Passed the Legislative Council of Hongkong, this 7th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 8th

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

685

SCHEDULES.

FIRST SCHEDULE.

TABLE A.

REGULATIONS FOR MANAGEMENT OF A COMPANY

LIMITED BY SHARES.

Preliminary.

1. In these regulations, unless the context otherwise requires, expressions defined in the Companies Ordinance, 1911, 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; and words importing the singular shall include the plural, and vice versâ, and words importing the masculine gender shall include females, and words importing persons shall include bodies corporate.

Business.

2. The directors shall have regard to the restrictions on the commencement of business imposed by section of the Companies Ordinance, 1911, if, and so far as, those restric- tions are binding upon the company.

Shares.

3. Subject to the provisions, if any, in that behalf of the memorandum of association of the company, and without prejudice to any special rights previously conferred on the holders of existing shares in the company, any share in the company 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.

4. 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 meetings shall mutatis mutandis apply, but so that the necessary quorum shall be two persons at least holding or respresenting by proxy one-third of the issued shares of the class.

5. No share shall be offered to the public for subscrip- tion except upon the terms that the amount payable on application shall be at least five per cent, of the nominal amount of the share; and the directors shall, as regards any allotment of shares, duly comply with such of the provisions of sections 87 and 90 of the Companies Or- dinance, 1911, as may be applicable thereto.

6. Every person whose name is entered as a member in the register of members shall, without payment, be entitled to a certificate under the common 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.

7. If a share certificate is defaced, lost, or destroyed, it may be renewed on payment of such fee, if any, not exceeding fifty cents, and on such terms,if any, as to evidence and indemnity as the directors think fit.

8. No part of the funds of the company shall be employed in the purchase of, or in loans upon the security of, the company's shares.

Sections 11, 12, 68, 241,

261.

686

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Lien.

9. 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 clause. The company's lieu, if any, on a share shall extend to all dividends payable thereon.

10. The company may sell, in such manner as the direc- tors 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 payment 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 by reason of his death or bankruptcy to the share.

11. The proceeds of the sale shall be applied in payment of such part of the amount in respect of which the lien exists as is presently payable, and the residue shall (subject to a like lien for sums not presently payable as existed upon the shares prior to the sale) be paid to the person entitled to the shares at the date of the sale. The purchaser shall be registered as the holder of the shares, 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.

Calls on Shares.

12. 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 specify- ing the time or times of payment) pay to the company at the time or times so specified the amount called on his shares.

13. The joint holders of a share shall be jointly and severally liable to pay all calls in respect thereof.

14. 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 cent. per annum from the day appointed for the payment thereof to the time of the actual payment, but the directors shall be at liberty to waive payment of that interest wholly or in part.

15. The provisions of these regulations as to payment of interest shall apply in the case of nonpayment 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.

16. 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.

17. 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 bim; 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.

18. The instrument of transfer of any share in the company shall be executed both by the transferor and

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

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.

19. Shares in the company shall be transferred in the following form, or in any usual or common form which the directors shall approve :-

1, A.B. of

sum of $

in consideration of the paid to me by C.D. of (hereinafter called "the said trausferee") do hereby transfer to the said transferee the share [or shares] numbered in the undertaking called the Company Limited, to hold unto the said trans- feree his executors, administrators, and assigns, subject to the several conditions on which I held the same at the time of the execution thereof 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.

20. The directors may decline to register any transfer of shares, not being fully-paid shares, to a person of whom they do not approve, and may also decline to register any transfer of shares on which the company has a lien. The directors may also suspend the registration of transfers during the fourteen days immediately preceding the ordinary general meeting in each year. The directors may decline to recognise any instrument of transfer unless

(a) a fee not exceeding two dollars is paid to the

company in respect thereof, and

(b) the instrument of transfer is accompanied by the certificate of the shares to which it relates, and such other evidence as the directors may rea- sonably require to show the right of the transferor to make the transfer.

21. The executors or administrators 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 executors or administra- tors of the deceased survivor, shall be the only persons recognised by the company as having any title to the

share.

22. Any person becoming entitled to a share in conse- quence of the death or bankruptcy of a member shall, upon such evidence being produced as may from time to time be 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 ; the directors shail, 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.

23. 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 cutitled if he were the registered holder of the share, except that he shall not, before being registered as a mem- ber in respect of the share, be entitled in respect of it to exercise any right conferred by membership in relation to meetings of the company.

Forfeiture of Share.

24. 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 instal- ment as is unpaid, together with any interest which may have accrued.

25. 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 nonpayment

687

688

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

at or lefore the time appointed the shares in respect of which the call was made will be liable to be forfeited.

26. 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 effect.

27. 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.

28. 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.

29. A statutory declaration in writing that the declarant is a director of the con pany and that a share in the com- pany has been duly forfeited on a date stated in the declar- ation, shall be conclusive evidence of the facts therein stated as against all persons claiming to be entitled to the share, and that declaration and the receipt of the company for the consideration, if any, given for the share on the sale or disposition thereof shall constitute a good title to the share, and the person to whom the share is sold or disposed of shall 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 proeedings in reference to the forfeiture, sale or disposal of the share.

30. The provisions of these regulations as to forfeiture shall apply in the ease of nonpayment 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,

31. The directors may, with the sauction of the com- pany previously given in general meeting, convert any paid-up shares into stock, and may with the like sanction reconvert any stock into paid-up shares of any denomin-

ation.

32. 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 transferrable, 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. 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.

34. Such of the regulations of the company (other than those relating to share warrants) as are applicable to paid-up shares shall apply to stock, and the words "share" and "shareholder" therein shall include "stock" and "stock- holder."

Share Warrants.

35. The company may issue share warrants, and accord- ingly the directors may in their discretion, with respect to any share which is fully paid up, on application in writing signed by the person registered as holder of the share, and authenticated by such evidence, if any, as the directors

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

may from time to time require as to the identity of the person signing the request, and on receiving the certificate, if any, of the share, and the amount of the stamp duty on the warrant and such fee as the directors may from time to time require, issue under the company's seal a warrant, duly stamped, 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 dividends, or other moneys, on the shares included in the warrant.

36. A share warrant shall entitle the bearer to the shares included in it, and the shares shall be trans- ferred by the delivery of the share warrant, and the pro- visions of the company with respect to transfer and transmission of shares shall not apply thereto.

37. The bearer of a share warrant shall, on surrender of the warrant to the company for cancellation, and on payment of such sum as the directors may from time to time prescribe, be entitled to have his name entered as a member in the register of members in respect of the shares included in the warrant.

38. The bearer of a share warrant may at any time deposit the warrant at the office of the company, and so long as the warrant remains so deposited the depositor shall have the same right of signing a requisition for calling a meeting of the company, and of attending and voting and exercising the other privileges of a member at any meeting held after the expiration of two clear days from the time of deposit, as if his name were inserted in the register of members as the holder of the shares included in the deposited warrant. Not more than one person shall be recognised as depositor of the share warrant. The company shall, on two days' written notice, return the deposited share warrant to the depositor.

39. Subject as herein otherwise expressly provided no person shall, as bearer of a share warrant, sign a requisition for calling a meeting of the company, or attend, or vote, or exercise any other privilege of a member at a meeting of the company, or be entitled to receive any notices from the but the bearer of a share warrant shall be entitled company; in all other respects to the same privileges and advantage as if he were named in the register of members as the holder of the shares included in the warrant, and he shall be a member of the company,

40. The directors may from time to time make rules as to the terms on which (if they shall think fit) a new share warrant or coupon may be issued by way of renewal in case of defacement, loss, or destruction,

Alteration of Capital.

41. The directors may, with the sanction of an extra- ordinany resolution of the company, increase the share capital by such sum, to be divided into shares of such amount, as the resolution shall prescribe.

42. Subject to any direction to the contrary that may be given by the resolution sanctioning the increase of share capital, 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 intima- tion from the person to whom the offer is made that he declines to accept the shares offered, the directors may dispose of the same in such manner as they think most beneficial to the company. The directors may likewise 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. 43. The new shares shall be subject to the same provi- sions with reference to the payment of calls, lien, transfer, transmission, forfeiture, and otherwise as the shares in the original share capital.

689

690

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

44. The company may, by special resolution-

(a) Consolidate and divide its share capital into

shares of larger amount than its existing shares : (b) By subdivision of its existing shares, or any of them, divide the whole, or any part, of its share capital into shares of smaller amount than is fixed by the memorandum of association, subject, nevertheless, to the provisions of para- graph (d) of subsection (1) of section 42 of the Companies Ordinance, 1911:

(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 :

(d) Reduce its share capital in any manner and with, and subject to, any incident authorised, and consent required, by law,

General Meetings.

45. The statutory general meeting of the company shall be held within the period required by section 66 of the Companies Ordinance, 1911.

46. A general meeting shall be held once in every 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 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 he 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.

47. The above-mentioned general meetings shall be called ordinary meetings all other general meetings shall be called extraordinary.

48. 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 67 of the Companies Ordinance, 1911. If at any time there are not in the place where the company has its head office sufficient directors capable of acting to form a quorum, any director or any two mem- bers 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.

Proceedings at General Meeting.

49. 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 meeting and, in case of special business, the general nature of that business shall be given in manuer 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 the non-receipt of the notice by any member shall not invalidate the proceedings at any general meeting.

50. All business shall be deemed special that is trans- acted at an extraordinary meeting, and all that is trans- acted 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 retiring by rotation, and the fixing of the remuneration of the auditors.

51. No business shall be transacted at any general meet- ing unless a quorum of members is present at the time- when the meeting proceeds to business; save as herein otherwise provided, three members personally present shall be a quorum.

سامنے

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

•

52. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting, if con- vened 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.

53. The chairman, if any, of the board of directors shall preside as chairman at every general meeting of the com- pany.

54. 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.

55. The chairman way, 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.

56. 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, 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.

57. 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.

8. 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 shows of hands takes place or at which the poll is demanded, shall be entitled to a second or casting vote.

59. 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.

60. On a show of hands every member present in person shall have one vote. Ou a poll every member shall have one vote for each share of which he is the holder.

61. 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.

62. 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.

63. 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.

64. On a poll votes may be given either personally or by proxy.

691

692

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

65. 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 common seal, or under the hand of an officer or attorney so authorised. No person shall act as a proxy unless either he is entitled on his own behalf to be prescut and vote at the meeting at which he acts as proxy, or he has been appointed to act at that meeting as proxy for a corporation.

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 registered office of the company not less than forty-eight hours before the time for holding the meeting at which the person named in the instrument proposes to vote, and in default the instrumeut of proxy shall not be treated as valid.

67. An instrument appointing a proxy may be in the following form, or in any other form which the directors shall approve :-

$5 I

Company, Limited.

member of the hereby appoint

being a

Company, Limited,

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

and at any adjournment thereof."

Signed this

day of

Directors:

68. 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.

69. The remuneration of the directors shall from time to time be determined by the company in general meeting.

70. The qualification of a director shall be the holding of at least one share in the company, and it shall be his duty to comply with the provisions of section 74 of the Companies Ordinance, 1911,

Powers and Duties of Directors.

71. 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 Companies Ordinance, 1911, or any statutory modification thereof for the time being in force, 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 said Ordinance, and to such regulations, being not inconsistent with the aforesaid regulations or provisious, 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 valid if that regulation had not been made.

72. 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 commission, or participation in profits, or partly in one 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 of 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.

73. The amount for the time being remaining undis- charged 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

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

693

share capital of the company without the sanction of the company in general meeting.

74. The directors shall duly comply with the provisions of the Companies Ordinance, 1911, or any statutory modi- fication thereof for the time being in force, and in particular with the provisions in regard to the registration of the particulars of mortgages and charges affecting the property of the company, or created by it, and to keeping a register of the directors, and to sending to the Registrar of Com- panies an annual list of members, and a summary of parti- culars relating thereto, and notice of any consolidation or increase of share capital, or conversion of shares into stock, and copies of special resolutions, and a copy of the register of directors and notifications of any changes therein.

75. The directors shall cause minutes to be made in books provided for the purpose-

(a) of all appointments of officers made by the

directors;

(b) of the names of the directors present at each meeting of the directors and of any committee of the directors ;

(c) of all resolutions and proceedings at all meetings of the company, and of the directors, and of 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.

76. The scal 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 at least two directors and of the secretary or such other person as the directors may appoint for the purpose; and those two directors and secretary or other person as aforesaid shall sign every instrument to which the seal of the company is so affixed in their presence.

or-

Disqualifications of Directors.

77. The office of director shall be vacated, if the direct-

(a) ceases to be a director by virtue of section 74 of

the Companies Ordinance, 1911; or

(b) holds any other office of profit under the com- pany except that of managing director or

manager; or

(d) is found lunatic or becomes of unsound mind; or (e) is concerned or participates in the profits of any

contract with the company :

Provided, however, that no director shall vacate his office by reason of his being a member of any company which has entered into contracts with or done any work for the company of which he is director: but a director shall not vote in respect of any such contract or work, and if he does so vote his vote shall not be counted.

Rotation of Directors.

78. At the first ordinary meeting of the company the whole of the directors shall retire from office, and at the ordinary meeting in every subsequent year one-third of the directors for the time being, if their number is not three or a multiple of three, then the number nearest to one-third, shall retire from office.

79. 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.

80. A retiring director shall be eligible for re-election. 81. The company at the general meeting at which a director retires in manner aforesaid may fill up the vacated office by electing a person theroto.

82. If at any meeting at which an election of directors ought to take place the places of the vacating directors are not filled up, the meeting shall stand adjourned till the

How

694

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

same day in the next week at the same time and place, and, if at the adjourned meeting the places of the vacating directors are not filled up, the vacating directors, or such of them as have not had their places filled up, shall be deemed to have been re-elected at the adjourned meeting.

83. 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.

84. Any casual vacancy occuring in the board of di- rectors 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 di- rector in whose place he is appointed was last elected a director.

85. 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.

86. 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.

87. 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.

88. 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.

89. The continuing directors may act notwithstanding 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 summoning a general nieeting of the company, but for no other purpose.

90. 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 of the time appeinted for holding the same, the directors present may choose one of their number to be chairman of the meeting.

91. The directors may delegate any of their powers to committees consisting of such member or members of their body as they think fit; any committee so formed shall in the exercise of the powers so delegated conform to any regulations that may be imposed on them by the directors.

92. A committee may elect a chairman of their 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.

93. A committee may meet and adjourn as they think proper. Questions arising at any meeting shall be deter- mined 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.

94. All acts done by any meeting of the directors or of a committee of directors, or by any person acting as director, shall, notwithstanding that it be afterwards

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

695

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.

Dividends and Reserve.

95. The company in general meeting may declare dividends, but no dividend shall exceed the amount recom- mended by the directors.

96. The directors may from time to time pay to the members such interim dividends as appear to be justified by the profits of the company.

97. No dividend shall be paid otherwise than out of profits.

98. Subject to the rights of persons, if any, entitled to shares with special rights as to dividends, all divideuds 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 company 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 purpose of this article as paid on the share.

99. The directors may, before recommending any divi- dend, set aside out 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.

100. If several persons are registered as joint holders any share any one of them may give effectual receipts for any dividend payable on the share.

101. Notice of any dividend that may have been declared shall be given in manner hereinafter mentioned to the persons entitled to share therein.

102. No dividend shall bear interest against the company.

Audit.

108. Auditors shall be appointed and their duties regu- lated in accordance with sections one hundred and thirteen and one hundre 1 and fourteen of the Companies Ordinance, 1911, or any statutory modification thereof for the time being in force.

Notices.

104. 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 in the place where the company has its head oflice) to the address, if any, in the place where the company has its head office, 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, pre- paying, and posting a letter containing the notice, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.

105. If a member has no registered address in the place where the company has its head office and has not supplied to the company an address in the place where the company has its head office for the giving of notices to him, a notice addressed to him and advertised in a news- paper circulating in the neighbourhood of the registered office of the company, shall be deemed to be duly given to him on the day on which the advertisement appears.

696

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Sections 224 and 237.

106. 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 in respect of the share.

107. 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 bank- rupt or by any like description, at the address, if any, in the place where the company has its head office 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.

108. Notice of every general meeting shall be given in some manner hereinbefore authorised to (a) every member of the company (including bearers of share warrants) except those members who (having no registered address in the place where the company has its head office) have not supplied to the company an address in the place where the company has its head office for the giving of notices to them, and also to (7) 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.

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 execed $10,000 ........... For registration of a company whose nominal share capital exceeds $10,000 the above fee of $50 with the following additional fees, regulated according to the amount of nominal share capital (that is to say) :-

50.00

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

10.00

3.00

.50

For registration of any increase of share capital. made after the first registration of the com- pany, the same fees per $10,000 or part of a $10,000 as would have been payable if the increased share capital had formed part of the original share capital at the time of registra-, tion:

Provided that no company shall be liable to pay in respect of nominal share capital, on registra- tion or afterwards, any greater amount of fees than $300, 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 ex- empted 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 Ordinance required or authorised to be registered, other than the memorandum or the abstract required to be filed with the registrar by a receiver or manager or the statement required to be sent to the registrar by the liquidator in a winding- up

3.00

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

For making a record of any fact by this Ordinance required or authorised to be recorded by the registrar

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 20

For registration of a company whose number of members, as stated in the articles, exceeds 20, 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 unlimited, the above fee of $100, with an additional $10 for every 50 members or less number than 50 members after the first 100.

For registration of a company in which the num- ber 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.

For registration of any existing company, except such companies as are by this Ordinance ex- empted 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 Ordinance required or authorised to be registered, other than the memorandum or the abstract required to be filed with the registrar by a receiver or manager or the statement required to be sent to the registrar by the liquidator in a winding-

For making a record of any fact by this Ordin- ance required or authorised to be recorded by the registrar

3.00

50.00

100.00

300.00

10.00

3.00

FORM C.

FORM OF STATEMENT to be published by BANKING and INSURANCE COMPANIES, and DEPOSIT, PROVIDENT, OR BENEFIT SOCIETIES,

Section 108.

into

*The share capital of the company is

shares of

The number of shares issued is

Calls to the amount of

divided 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

Jelating to capital and shares must be omitted.

697

698 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Section 84.

SECOND SCHEDULE.

THE COMPANIES ORDINANCE, 1911.

STATEMENT IN LIEU OF PROSPECTUS

filed by

LIMITED

pursuant to section

1911.

Presented for filing by

of the Companies Ordinance,

THE COMPANIES ORDINANCE, 1911.

LIMITED.

STATEMENT IN LIEU OF PROSPECTUS.

The nominal share capital of the

company

Divided into

Names, descriptions, and ad- dresses of directors or pro- posed directors.

Minimum subscription (if any) fixed by the memorandum or articles of association on which the company may proceed to allotment.

Shares of $

each.

Number and amount of shares

and debentures agreed to be issued as fully or partly paid-up otherwise than in cash.

shares of $

fully paid.

shares upon which

as paid.

The consideration for the in- 3.

tended issue of those shares and debentures.

(a) For defi- Names and addresses of (a)

nition of vendor, see section 83 (2) of the Com. panies or- dinance, 1911.

(b) See sec-

tion 83 (3) of the Com- panies Or- dinance, 1911

vendors of property purcha- sed or acquired, or proposed to be (6) 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 property, specifying amount (if any) paid or payable for goodwill.

Amount (if any) paid or payable as commission for subscribing or agreeing to subscribe or procuring or agreeing to procure sub- scriptions for any shares or debentures in the com- pany, or

Rate of the commission

per share credited

debentures

4. Consideration.

Total purchase price $

Cash Shares

Debentures

Goodwill

Amount paid.

payable.

Rate per cent.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Estimated amount of preli-

minary expenses.

Amount paid or intended to be paid to any promoter. Consideration for such pay-

ment.

Dates of, and parties to, every material contract (other than contracts entered into in the ordinary course of the business intended to be carried on by the company i or entered into more than two years before the filing of this statement).

Time and place at which such contracts or copies thereof may be inspected.

Names and addresses of the anditors of the company (if any).

Full particulars of the nature and extent of the interest of every director in the promotion 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.

Whether the articles contain any provisions precluding holders of Shares or debentures receiving and inspecting balance sheets or reports of the auditors or other reports.

Name of promoter. Amonut $ Consideration :

Nature of the provisions.

(Signatures of the

persons

above-named as directors

or proposed directors, or

of their agents authorised

in writing.)

699

700 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Section 119,

THIRD SCHEDULE,

FORM A.

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 situato in Hongkong.

3rd. The objects for which the company is established 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 million dollars divided into one thousand shares of two thousand 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 ures in the capital of the company set opposite our respective

names.

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

Dated the

merchant

200

325

Total shares taken

day of

Witness to the above signatures.

A.B.. No. Queen's Road, Victoria, Hongkong,

•

FORM B.

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 Hongkong Mutual Marine Association, Limited."

2nd. The registered office of the company will be situate in Hongkong.

3rd. The objects for which the company is established are, "the mutual insurance of ships belonging to members "of the company, and the doing all such other things as 64 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 cou- tribute 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.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

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

Dated the

day of

Witness to the above signatures,

merchant

A.B., No.

Queen's Road, Victoria, Hongkong.

ARTICLES of ASSOCIATION to accompany preceding MEMORANDUM of AssoCIATION,

Number of Members.

1. The company, for the pupose of registration. is de- clared to consist of five hundred members.

2. The directors hereinafter mentioned may, whenever the business of the association requires it, register an increase of members.

Definition of Members.

3. Every person shall be deemed to have agreed to become a member of the company who insures any ship or share in a ship in pursuance of the regulations hereinafter contained.

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 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 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 meetings; all other general meetings shall be called extraordinary.

7. The directors may, whenever they think fit, and shall, on a requisition made in writing by any

　　　　　　　　　　　　　　　five or members, convene an extraordinary general meeting.

8. Any requisition made by the members must state the object of the meeting proposed to be called, and must be signed by the requisitionists and deposited at the registered office of the company.

9. On receipt of the requisition the directors shall forth- with proceed to convene a general meeting: if they do not proceed to cause a meeting to be held within twenty-one days from the date of the requisition being so deposited, the requisitionists or any other five members, may them- selves convene a meeting.

701

702

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Proceedings at General Meetings.

10. Seven days' notice at the least, specifying the place, the day, and the hour of meeting, and in case of special business the general nature of the business, shall be given to the members in manner hereinafter mentioned, or in such other manner, if any, as may be prescribed by the company in general meeting; but the non-receipt of such a notice by any member shall not invalidate the proceedings at any general meeting.

11. All business shall be deemed special that is trans- acted at an extraordinary meeting, and all that is trans- acted 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.

12. No business shall be transacted at any meeting except the declaration of a dividend, unless a quorum of members is present at the commencement of the business. The quorum shall be ascertained as follows (that is to say), if the members of the company at the time of the meeting do not exceed ten in number, the quorum shall be five; if they exceed ten there shall be added to the above quorum one for every five additional members up to sty, and one for every ten additional members after fifty, with this limitation, that no quorum shall in any case exceed thirty.

13. If within one hour from the time appointed for the meeting a quorum of members is not present, the meeting, if convened on the requisition of the members, shall be dissolvel; in any other case it shall stand adjourned to the same day in the following week at the same time and place; and if at such a journed meeting a quorum of members is not present, it shall be adjourned sine die.

14. The chairman (if any) of the directors shall preside as chairman at every general meeting of the company.

15. If there is no such chairman, or if at any meeting he is not present at the time of holding the same, the members present shall choose some one of their number to be chair- man of that meeting.

16. The chairman may, with the consent of 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 meet- ing from which the adjournment took place.

17. At any general meeting, unless a poll is demanded by at least three members, a declaration by the chairman that a resolution has been carried and an entry to that effect in the book of 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 the resolution.

18. If a poll is demanded in manner aforesaid, the same 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.

19. Every member shall have one vote and no more. 20. If any member is a lunatic or idiot he may vote by his committee curator bonis, or other legal curator.

21. No member shall be entitled to vote at any meeting unless all moneys due from him to the company have been paid.

22. On a poll votes may be given either personally or by proxy. A proxy shall be appointed in writing under the hand of the appointor, or if such appointor is a corpo- ration, under its common seal.

23. No person shall act as a proxy unless he is a mem- ber, or unless he is appointed to act at the meeting as proxy for a corporation.

The instrument appointing him shall be deposited at the registered office of the company not less than forty-eight hours before the time of holding the meeting at which he proposes to vote.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

24. Any instrument appointing a proxy shall be in the following form :--

Company, Limited.

Company, Limited,

being a member of the

hereby appoint

as my proxy,

to vote for me and on my behalf at the [ordinary or extra- ordinary as the case may be] general meeting of the company to be held on the at any adjournment thereof

day of

Signed this

day of

and

Directors.

25. The number of the directors, and the names of the first directors, shall be determined by the subscribers of the memorandum of association.

26. Until directors are appointed the subscribers of the memorandum of association shall for all the purposes of the Companies Ordinance, 1911, he deemed to be directors.

Powers of Directors.

27. The business of the company shall be managed by the directors who may exercise all such powers of the company as are not by the Companies Ordinance, 1911, or by any statutory modification thereof for the time being in force, or by these articles, required to be exercised 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 valid if that regulation had not been made.

Election of Directors.

28. The directors shall be elected annually by the com- pany in general meeting.

Business of Company.

[Here insert Rules as to Mode in which Business of Insurance is to be conducted.]

Audit.

29. Auditors shall be appointed and their duties regu- lated in accordance with sections 113 and 114 of the Com- panies Ordinance, 1911, or any statutory modification thereof for the time being in force, and for this purpose the said sections shall have effect as if the word "members" were substituted for "shareholders," and as if "first general meeting were substituted for "statutory meeting."

Notices.

30. A notice may be given by the company to any mem- ber either personally, or by sending it by post to him to his registered address.

31. Where a notice is sent by post, service of the notice shall be deemed to be effected by properly addressing, pre- paying, and posting a letter containing the notice, and unless the contrary is proved to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Names, Addresses, and Descriptions of Subscribers.

•

"1. John Jones of

"2. Johu 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.

1911.

merchant.

Queen's Road, Victoria, Hongkong.

703

704

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

FORM C.

MEMORANDUM and ARTICLES of ASSOCIATION of a com-

pany 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 Hongkong.

3rd. The objects for which the company is established are the facilitating travelling in the Highlands of the "New Territories, 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 con- "ducive to the attainment of the above object."

4th. The liability of the members is limited.

5th Every member of the company undertakes to con- tribute 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 eases 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.

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 company set opposite our respective

names.

Names, Addresses, and Description of Subscribers.

Number of Shares taken

by cach 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

Dated the

day of

200

Total shares taken

325

Witness to the above signatures,

A.B., No. , Queen's Road, Victoria, Hongkong.

Articles of Association to accompany preceding Memorandum of Association.

1. The directors may, with the sanction of the company in general meeting, reduce the amount of shares in the company.

2. The directors may, with the sanction of the company in general meeting, cancel any shares belonging to the company.

3. All the articles of Table A of the Companies Ordin- ance, 1911, shall be deemed to be incorporated with these articles and to apply to the company.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

merchant.

Names, Addresses, and Description 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

Dated the day of

Witness to the above signatures,

19 .

A.B., No.

Queen's Road, Victoria, Hongkong.

FORM D.

MEMORANDUM and ARTICLES of ÁSSOCIATION of an un- limited company having a share capital.

Memorandum of Association,

1st. The name of the company is "The Patent Stereo- type Company."

2nd. The registered office of the company will be situate in Hongkong.

3rd. The objects for which the company is established are "the working of a patent method of founding and casting stereotype plates, of which method John Smith, "of Hongkong, is the sole patentee."

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 respect- ively agree to take the number of shares in the capital of the company set opposite our respective names.

Names, Addresses, and Description 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. Abel Brown of

Total shares taken......

Dated the day of

Witness to the above signatures,

A.B., No.

Queen's Road, Victoria, Hongkong.

Articles of Association to accompany the preceding Memorandum of Association.

1. The share capital of the company is twenty thousand dollars, divided into twenty shares of one thousand dollars each.

2. All the articles of Table A. of the Companies Or- dinance, 1911, shall be deemed to be incorporated with these articles, and to apply to the company.

705

706

THE HONGKONG GOVERNMENT GAZETTE, DECEMBE‹ 15, 1911.

Section 27.

Names, Addresses, and Description of Subscribers.

"1. John Jones of

merchant.

"2. John Smith of "3. Thomas Green of * 4. John Thompson of

5. Caleb White of "6. Andrew Brown of "7. Abel Brown of

Dated the

day of

Witness to the above signatures,

A.B., No. Queen's Road, Victoria, Hongkong.

FORM E.

As required by Part II. of the Ordinance.

SUMMARY of SHARE CAPITAL and SHARES of the

COMPANY, LIMITED, made up to the

day

19 (being the fourteenth day after the date of the first ordinary general meeting in 19 ).

shares of $

each.

Nominal share capital $

divided into*

shares of $

each.

Total number of shares taken up*

to the

day of

19 (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

than in cash

per share otherwise

There has been called up on each of

shares,

There has been called up on each of

shares, .....

†There has been called up on cach of

shares, .....

Total amount of calls received, including payments on application and allotment, Total amount (if any) agreed to be con-

sidered as paid on

which have been issued as fully paid

up otherwise than in cash,.

Total amount (if any) agreed to be con-

sidered as paid on

which have been issued as partly paid

up to the extent of

per share,

Total amount of calls unpaid, Total amount (if any) of sums paid by way of commission in respect of shares or debentures or allowed by way of discount since date of last summary,...... Total amount (if any) paid on §

shares forfeited,

Total amount of shares and stock for which share warrants are outstanding, Total amount of share warrants issued and surrendered respectively since date of last summary,

Number of shares or amount of stock

comprised in each share warrant,

(

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

tered with the registrar of companies, charges which are required to be regis- Total amount of debt due from the com- ) pany in respect of all mortgages and

day of STATEMENT in the form of a balance sheet made up to the

culars of the capital, liabilities, and assets of the containing the parti-

company.

nominal values separately. Preference and Ordinary, or $100 or $50) state the numbers and * When there are shares of different kinds or amounts (e.g.,

of different kinds state them separately.

Where various amounts have been called or there are shares

Include what has been received on forfeited as well as on

existing shares.

or secretary of the company.

The Return must be signed at the end by the manager

§ State the aggregate number of shares forfeited (if any).

Presented for filing by

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, showing their names and addresses and an account of the shares so held,

Names, Addresses, and Occupations.

Account of Shares.

Date of the last

§ Particulars of Shares § Particulars of Shares transferred since the transferred since the Date of the last Return by Persons who have ceased to be Members.

Return by Persons who are still

Members.

Num-

ber.+

Date of

Registration of Transfer.

Num-

ber.

Date of

Registration of Transfer.

Remarks.

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.

§ 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 transferee may be inserted in the "Remarks" column immediately opposite the particulars of each transfer.

707

708

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911.

Section 20

NAMES AND ADDRESSES of the persons who are the Direct-

ors of the

day of

Names.

Limited on the

Addresses.

NOTE.-Banking companies must add a list of all their places of business.

(Signature)

(State whether manager or secretary),

FORM F.

LICENCE TO HOLD LANDS,

The Governor hereby licenses the

to hold the lands hereunder described (insert description of lands) [or to hold lands not exceeding in the whole acres].

The conditions of this licence are (insert conditions, if any).

FOURTH SCHEDULE.

PROVISIONS REFERRED TO IN SECTION 259 Section 259.

OF THE ORDINANCE,

Provisions relating to-

The conclusiveness of certificates of

incorporation;

Restrictions ∙on appointments or

advertisement of directors;

s. 18.

8. 73.

Restrictions on

commencement

s. 89.

business;

Returns as to allotments :

s. 90.

s. 66.

The particulars as to directors and

s. 27.

Statutory meetings;

mortgage debt and the statement in the form of a balance sheet in the annual summary ;

The appointment and remuneration, and powers and duties, of auditors; Obligations of companies where no

prospectus is issued :

ss. 118, 114.

8. 84.

Registration of mortgages and char-

s. 95.

ges:

Filing of accounts of receiver and

s. 97.

manager;

Requirements as to companies esta-

Notice by liquidator in voluntary winding-up of his appointment; Rights of creditors in a voluntary

winding-up;

blished outside the Colony.

s. 180.

s. 181.

s. 252.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 15, 1911. 709

EXECUTIVE COUNCIL.

No. 391.

Rule made by the Governor-in-Council under Section 6 of the Stamp Ordinance, 1901, (Ordinance No. 16 of 1901), on the 9th day of December, 1911.

　　　Rule No. 6 (2) of the Rules made by the Governor-in-Council under Section 6 of the Stamp Ordinance, 1901, on the 6th day of April, 1903, and published in the Government Gazette on the 9th day of April, 1903, as amended by the rule made by the Governor-in- Council on the 28th day of September, 1908, and published in the Government Gazette on the 2nd day of October, 1908, and on page 448 of the Regulations of Hongkong, 1910, and as further amended by the rules made by the Governor-in-Council on the 28th day of April, 1910, and published in the Government Gazette on the 30th day of April, 1910, is hereby repealed and the following sub-rules are hereby substituted therefor :-

(2.)-(a.) Bills of Exchange and Renewals of Policies of Insurance may be stamped

with adhesive revenue stamps.

(b.) Such stamps may be obtained on requisition at the Stamp Office and shall be over-printed with the letters B E except in the case of the 5 cents stamps which shall be sold without over-printing.

(c.) Such stamps shall not be used for any other purpose, and shall not be parted with for any reason or purpose other than the stamping of Bills of Exchange and Renewals of Policies in the custody or posses- sion of the parties who have made the requisition.

(3.) Receipts (except Ships' Receipts) and Compradore Orders may continue to

be stamped with the 5 cents receipt stamp issued to the public.

(4.) Postage Stamps shall not be used for any revenue stamp purpose from or

after the 31st day of December, 1911.

9th December, 1911.

No. 392.

　　　　Regulation made by the Governor-in-Council under Section 39 (8) of the Merchant Shipping Ordinances, 1899 to 1911, on the 12th day of December, 1911.

Table U introduced by the Merchant Shipping Amendment Ordinance, 1911, (Ördin- ance No. 48 of 1911), is hereby amended as follows:--

(a.) by re-numbering regulation 40 as regulation 39 and by transferring it to Part

III of the said table;

(6.) by re-numbering regulation 39 as regulation 40.

COUNCIL CHAMBER,

12th December, 1911.

R. H. CROFTON,

Clerk of Councils.

APPOINTMENTS, &c.

No. 393-His Excellency the Governor has been pleased to appoint under Sub-section 22 of Section 37 of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), Mr. THOMAS WATSON ROBERTSON to be a Surveyor of Boilers of Unlicensed Steamships

under 60 tons burden.

9th December, 1911.

712 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911.

氮

DESPATCHES FROM THE SECRETARY OF STATE.

No. 394.

CIRCULAR.

DOWNING STREET,

15th November, 1911.

SIR,-I have the honour to inform you that the War Office have had under their con sideration the question whether commissions in the Special Reserve or Territorial Force can be held by gentlemen belonging to the permanent Civil Service of the Crown Colonies and Protectorates, and that the Army Council have now decided that----

(a.) Commissions in the Special Reserve will no longer be given to gentlemen per- manently employed in civil capacities in the Crown Colonies and Protec-

torates.

(b.) Officers of the Special Reserve who are at present holding, or who may in future accept, such permanent civil appointments will be called upon to resign their commissions.

2. There is no necessity for an officer of the Territorial Force who has been seconded to resign his commission until he shall have reached the limit of the period (four years) during which he may be seconded from that force.

3. The Army Council have further intimated that officers will no longer be permitted to retire under the provisions of Article 510 of the Royal Warrant if they intend to take up permanent civil appointments in British Colonies and Protectorates. It is not meant, however, that the rule as to resignation of their commissions in the Special Reserve should have retrospective effect as regards officers who retired under the above-mentioned Article and are now employed under Colonial Governments.

The Officer Administering the Government of

No. 395.

HONGKONG.

MISCELLANEOUS.

I have, etc.,

L. HARCOURT.

HONGKONG.

DOWNING STREET,

23rd November, 1911.

　　　SIR,-His Majesty has been pleased to direct that the precedence in His Oversea Dominions of all persons holding office therein, whether Naval, Military or Civil, should be determined solely by official rank and that, as in the case of officials in the service of a Dominion or Colony, Imperial Naval and Military Officers, should while on duty at a Colo- nial Station, waive any personal precedence they may enjoy in the United Kingdom.

It is also His Majesty's pleasure that the wives of all officers whether Civil or Naval or Military even though they enjoy precedence in the United Kingdom by right of birth, should, while in any part of His Majesty's Oversea Dominions, take their place according to the official precedence of their husbands.

While these rules will be of general application, it will of course always be open to the Sovereign whenever he thinks fit, to give special orders as to precedence in any particular

case.

I have, etc.,

L. HARCOURT.

Governor Sir F. D. LUGARD, G.C.M.G., C.B., D.S.O.,

&c.,

&c.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911. 713

No. 396.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No. 25.

THURSDAY, 7TH DECEMBER, 1911.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.). His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Captain Superintendent of Police, (FREDERICK WILLIAM LYONS). Dr. Ho KAI, M.B., C.M.G.

Mr. WEI YUK, C.M.G.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD OSBORNE,

Mr. CHARLES HENDERSON Ross.

ABSENT:

The Honourable Mr. HENRY EDWARD POLLOCK, K.C.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 30th November, 1911, were read and confirmed.

FINANCIAL MINUTES.-The Colonial Secretary laid on the table Financial Minutes Nos. 98 to 101, and moved that they be referred to the Finance Committee:-

No. 98.-Public Works, Recurrent, Maintenance of

Buildings,

No. 99.-Police and Prison Departments, Other

.$ 1,700.

Charges,

9,445.

No. 100.-Marine Surveyor's Office, Coal, Oil, etc.,

for Steam Launch,.........

300.

No. 101.-Kowloon-Canton Railway, Bonus to Mr.

E. S. Lindsey..

£ 350.

The Colonial Treasurer seconded.

Question--put and agreed to.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee (No 21) dated the 30th November, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

PUBLIC HEALTH AND BUILDINGS AMENDMENT BILL.-The Attorney General addressed the Council and moved the First reading of a Bill entitled An Ordinance to amend the Ordinance relating to Public Health and Buildings.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

714 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911.

STATUTE LAWS (NEW REVISED EDITION) BILL.-The Attorney General addressed the Council and moved the First reading of a Bill entitled An Ordinance to amend the Statute Laws (New Revised Edition) Ordinance, 1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

UNIVERSITY BILL. -The Committee stage on the Bill entitled An Ordinance to further amend the University Ordinance, 1911, was not proceeded with.

COMPANIES BILL.-The Attorney General moved that the Committee stage on the Bill entitled An Ordinance to consolidate and amend the Ordinances relating to Companies, be resumed.

The Colonial Secretary seconded.

Question-put and agreed to.

Council in Committee on the Bill.

On the motion of the Attorney General the following amendments were agreed to:-

　　　　　In section 31 sub-section (1) the amendment proposed by the Law Committee was - deleted.

In section 31 sub-section (4) the word "of" in the first line was deleted and the word "substituted therefor.

　　　　In section 35 sub-section (5) the amendment proposed by the Law Committee was deleted.

The following sub-section, to be numbered (7), was added to section 77 :-

(7.) If default is made in compliance with any of the provisions of this section every director of the company who knowingly and wilfully authorises or permits the default shall be liable to a fine not exceeding five hundred

dollars.

In section 252 sub-section (1) the word "establishes" in the second line was deleted and the words "shall establish "substituted therefor.

Section 253 was deleted and the following substituted therefor :-

　253.-(1.) No company incorporated outside the Colony may hereafter lower of acquire immovable property unless :-

companies incorporated outside the

(a.) it is empowered by its constitution to acquire immovable Colony to

property; and

(b.) it shall have filed with the registrar of companies the docu- ments and particulars specified in paragraphs (a), (b) and (c) of sub-section (1) of section 252; and

(c.) it shall have obtained the special consent of the Governor-

in Council.

　(2.) Subject to the provisions of this section any company incorporate l outside the Colony shall have power to acquire hold and dispose of lands in the Colony as if it were a company incorporated under this Ordinance.

The date 1st January, 1912, was inserted in section 269.

hold lands. 8 Edw. 7 c. 69 s. 275.

　　　　The marginal reference in Form F in the Third Schedule was altered to read "Section 20" instead of "Section 21".

་

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911.

715

　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 21st December, 1911.

Read and confirmed this 21st day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 397.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :---

Ordinance No. 59 of 1911.-An Ordinance to further amend the University

Ordinance, 1911.

HONGKONG.

No. 59 of 1911.

An Ordinance to further amend the University

Ordinance, 1911.

F. D. LUGARD,

Governor.

[22nd December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited the University Short title, Further Amendment Ordinance, 1911.

Ordinance

2. The University Ordinance, 1911, as amended by the Amends University Amendment Ordinance, 1911, is hereby further amended as follows:-

(a.) in sub-section (7) of section 4 thereof by the deletion of the words "proper authority" and by the substitution therefor of the words "Di- rector of Education to permit the University Professors and Lecturers or any of them ".

(b.) by the repeal of sub-section (11) of section 4 thereof and by the substitution therefor of the following sub-section ;-

"(11.) To enter into arrangements under which the Examiners of the London University, or of any other University, may act as External Examiners for any degree or distinction of the Univer- sity of Hongkong with the power of

No. 10 of 1911 as amended by Ordinance No. 17 of

1911.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911.

715

　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

ADJOURNMENT.-The Council then adjourned until Thursday, the 21st December, 1911.

Read and confirmed this 21st day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 397.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinance passed by the Legislative Council :---

Ordinance No. 59 of 1911.-An Ordinance to further amend the University

Ordinance, 1911.

HONGKONG.

No. 59 of 1911.

An Ordinance to further amend the University

Ordinance, 1911.

F. D. LUGARD,

Governor.

[22nd December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited the University Short title, Further Amendment Ordinance, 1911.

Ordinance

2. The University Ordinance, 1911, as amended by the Amends University Amendment Ordinance, 1911, is hereby further amended as follows:-

(b.) by the repeal of sub-section (11) of section 4 thereof and by the substitution therefor of the following sub-section ;-

No. 10 of 1911 as amended by Ordinance No. 17 of

1911.

716

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911.

reporting on the examination papers of candidates and of veto over the passing of any candidate who does not reach the standard, both in separ- ate subjects and collectively, which may be required for corresponding examinations by the London Univer- sity, or by any such other University as the case may be. Provided always that the curricula for the University of Hongkong shall be worked out and arranged by the University of Hong- kong and that all examination papers shall be read and marked in the first instance by members of the Univer- sity of Hongkong teaching staff."

(c.) in sub-section (12) of section 4 thereof by the insertion after the word "hereto" of the words "or in such other terms as may be approved by the Court and by the Court of the Hongkong College of Medicine ".

(d.) by renumbering sub-section (20) of section 4 thereof as sub-section (21) and by inserting after sub-section (19) of the said section the following sub-section

"(20.) To make provision for the establish- ment of a University printing press and for the publication of b oks and other matter by the University."

(e) in sub-section (2) of section 12 thereof and also in sub-section (2) of section 13 thereof by the deletion of the words "in the Third Schedule hereto" and by the substitution therefor in each ease of the words "referred to in section 4 (12) hereof ".

(f.) By adding at the end of section 8 thereof the words "The Vice-Chancellor shall be the chief administrative officer of the University and shall have such powers and duties as the Council shall assign to him."

(9.) By the repeal of paragraph No. 4 of Statute 8 in the Second Schedule thereto and by the sub- stitution therefor of the following paragraph:-

"4. To appoint Professors, Lecturers, and other academic officers of the University and also External Examiners, provided that when the Senate is constituted no appointment shall be made without due consideration of the claims of any can- didate who may be recommended by it."

(h.) By the repeal of paragraph No. 3 of Statute 10 in the Second Schedule thereto and by the substitution therefor of the following para- graph:-

3. To recommend, for appointment by the Council, Professors, Lecturers, and other academic officers of the Univer- sity and also, after report from the Board of Faculty or Boards of Fa- culties concerned, External Exam- iners.'

Passed the Legislative Council of Hongkong, this 21st

day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 22nd

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 22, 1911. 717

APPOINTMENTS, &c.

No. 398.His Excellency the Governor has been pleased to appoint Mr. ROBERT OLIPHANT HUTCHISON to act as Assistant Superintendent of Police supernumerary to the establishment and Commander CHARLES WILLIAM MALBEYSE BECKWITH, R.N., to assist Mr. R. O. HUTCHISON in the discharge of the duties of Superintendent of Imports and Exports, with effect from the 14th instant until further notice.

22nd December, 1911.

NOTICES.

COLONIAL SECRETARY'S DEPARTMENT.

　　　No. 339. It is hereby notified that Mr. ROGER EDWARD LINDSELL and Mr. SAMUEL BURNSIDE BOYD MCELDERRY, Cadets, passed their final examination in Cantonese on the 25th November, 1911.

　　　No. 400-His Excellency the Governor has been pleased to appoint, under Section 3 of the Vaccination Ordinance, 1890, (Ordinance No. 2 of 1890), the following gentleman to be a Public Vaccinator:-

Name.

Occupation.

Address.

Wu Hin Yenk 胡謙若

Chinese Writer.

Tung Wa Hospital.

22nd December, 1911.

C. CLEMENTI,

Colonial Secretary.

720

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 401.

CIRCULAR.

DOWNING STREET,

30th November, 1911.

SIR,-With reference to my Circular despatch of the 24th June last, I have the honour to transmit to you, for publication in the Colony under your government, copies of an Order of His Majesty in Council bringing into effect as from the 24th instant a Treaty for the mutual extradition of criminals between the United Kingdom and Siam, the ratifications of which were exchanged in London on the 1st day of August last.

I have, etc.,

The Officer Administering the Government of

HONGKONG.

L. HARCOURT.

ORDER IN COUNCIL APPLYING THE EXTRADITION ACTS TO SIAM. NOVEMBER 10TH, 1911.

AT THE COURT AT BUCKINGHAM PALACE,

THE 10TH DAY OF NOVEMBER, 1911.

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY.

PRIME MINISTER.

LORD PRESIDENT.

LORD PRIVY SEAL.

LORD CHAMBERLAIN.

EREAS by the Extradition Acis, 1870 to 1906, it was amongst other things enacted thot, where an arrangement has been made with any foreign State with respect to the surrender to such State of any fugitive criminals, His Majesty may, by Order in Council, direct that the said Acts shall apply in the case of such foreign State; and that His Majesty may, by the same or any subsequent Order, limit the operation of the Order, and restrict the same to fugitive criminals who are in or suspected of being in the part of His Majesty's dominions specified in the Order, and render the operation thereof subject to such conditions. exe-ptions, and qualifications as may be deemed expedient:

　　　　And whereas a Treaty was concluded at Bangkok on the 4th day of March. 1911, between His Majesty and His Majesty the King of Siam, for the Extradition of Criminals, which Treaty is in the terms following:-

　　　　His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions byond the Seas, Emperor of India, and His Majesty the King of Siam, having judge! it expedient, with a view to the better adainistration of justice and to the prevention of crime within their respective territories, that persons charged with or convicted of the crimes hereinafter enumerated, and being fugitives from justice, should under certain circumstances be reciprocally delivered up; the said High Contracting Parties have named as their plenipotentiaries to conclude a Treaty for this purpose, that is to say:

His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India: Arthur Peel, Esquire, His Envoy Extraordinary and Minister Plenipotentiary at the Court of Bangkok, etc.

And His Majesty the King of Siam: Minister for Foreign Affairs, etc.

H.R.H. Prince Devawongse Varoprakar, His

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

721

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

ARTICLE 1.

The High Contracting Parties engage to deliver up to each other persons over whom they respectively exercise jurisdiction who, being accused or convicted of a crime or offence committed in the territory of the one Party, shall be found within the territory of the other Party, under the circumstances and conditions stated in the present Treaty.

ARTICLE 2.

The crimes or offences for which the extradition is to be granted are the following:-

1. Murder, or attempt, or conspiracy to murder. 2. Manslaughter.

3. Assault occasioning actual bodily harm.

grievous bodily harm.

Malicious wounding or inflicting

4. Counterfeiting or altering money, or uttering counterfeit or altered money. 5. Knowingly making any instrument, tool, or engine adapted or intended for

counterfeiting coin.

6. Forgery, counterfeiting, or altering or uttering what is forged or counterfeited

or altered.

7. Embezzlement or larceny.

8. Malicious injury to property, by explosive or otherwise, if the offence be

indictable.

9. Obtaining money, goods, or valuable securities by false pretences.

10. Receiving money, valuable security, or other property, knowing the same to

have been stolen, embezzled, or unlawfully obtained.

11. Crimes against bankruptcy law.

12. Fraud by a bailee, banker, agent, factor, trustee, or director, or member or public officer of any company made criminal by any law for the time being

in force.

13. Perjury, or subornation of perjury.

14. Rape.

15. Carnal knowledge, or any attempt to have carnal knowledge of a girl under the

age of puberty, according to the laws of the respective countries.

16. Indecent assault.

17. Procuring miscarriage, administering drugs, or using instruments with intent to

procure the miscarriage of a woman.

18. Abduction.

19. Child stealing.

20. Abandoning children, exposing or unlawfully detaining them.

21. Kidnapping and false imprisonment.

22. Burglary or housebreaking.

23. Arson.

24. Robbery with violence.

25. Any malicious act done with intent to endanger the safety of any person in a

railway train.

26. Threats by letter or otherwise, with intent to extort.

27. Piracy by law of nations.

28. Sinking or destroying a vessel at sea, or attempting or conspiring to do so.

29. Assaults on board ship on the high seas, with intent to destroy life, or do griev-

ous bodily harm.

20. Revolt, or conspiracy to revolt, by two or more persons on board a ship on the

high seas against the authority of the master.

31. Dealing in slaves in such a manner as to constitute a criminial offence against

the laws of both States.

Extradition is to be granted for participation in any of the aforesaid crimes, provided such participation be punishable by the laws of both contracting Parties.

722 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which according to the law of both of the contracting Parties for the time being in force, the grant can be made.

ARTICLE 3.

Either Government may, at its absolute discretion, refuse to deliver up its own subjects to the other Government.

ARTICLE 4.

The extradition shall not take place if the person claimed on the part of the Govern- ment of the United Kingdom, or the person claimed on the part of the Government of Siam, has already been tried and discharged or punished, or is still under trial in the territory of Siam or in the United Kingdom respectively for the crime for which his extradition is demanded.

If the person claimed on the part of the Government of the United Kingdom, or if the person claimed on the part of the Government of Siam, should be under examination for any crime in the territory of Siam or in the United Kingdom respectively, his extradition shall be deferred until the conclusion of the trial and the full execution of any punishment awarded to him.

ARTICLE 5.

A fugitive criminal shail not be surrendered if the offence in respect of which his surrender is demanded is deemed by the Party on whom the demand is made to be one of a political character, or if he prove that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character.

ARTICLE 6.

A person surrendered can in no case be detained or tried in the State to which the sur- render has been made, for any other crime or on account of any other matters than those for which the extradition shall have taken place, until he has been restored or had an opportu- nity of returning to the State by which he has been surrendered.

This stipulation does not apply to crimes committed after the extradition.

ARTICLE 7.

The requisition for extradition shall be made through the diplomatic agents of the High Contracting Parties respectively.

The requisition for the extradition of the accused person must be accompanied by a warrant of arrest issued by the competent authority of the State requiring the extradition, and by such evidence as, according to the laws of the place where the accused is found, would justify his arrest if the crime had been committed there.

If the requisition for extradition relates to a person already convicted, it must be accompanied by a copy of the judgment passed on the convicted person by the competent court of the State that makes the requisition.

A sentence passed in contumaciam is not to be deemed a conviction, but a person so sentenced may be dealt with as an accused person.

ARTICLE 8.

If the requisition for extradition be in accordance with the foregoing stipulations, the competent authorities of the State applied to shall proceed to the arrest of the fugitive. The prisoner is then to be brought before a compete nt Magistrate, who is to examine him and to conduct the preliminary investigation of the case, just as if the apprehension had taken place for a crime committed in the same country.

ARTICLE 9.

When either of the contracting Parties considers the case urgent it may apply for the provisional arrest of the criminal and the safe keeping of any objects relating to the offence.

Such request will be granted, provided the existence of a sentence or warrant of arrest is proved, and the nature of the offence of which the fugitive is accused is clearly stated.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 723

The warrant of arrest to which this Article refers should be issued by the competent authorities of the country applying for extradition. The accused shall on arrest be sent as speedily as possible before a competent Magistrate.

ARTICLE 10.

In the examinations which they have to make in accordance with the foregoing stipu lations, the authorities of the State applied to shall admit as valid evidence the sworn de- positions or the affirmations of witnesses taken in the other State, or copies thereof, and likewise the warrants and sentences issued therein, and certificates of or judicial documents stating the fact of a conviction, provided the same are authenticated as follows:----

1. A warrant must purport to be signed by a Judge, Magistrate, or officer of the

other State.

2. Depositions or affirmations, or the copies thereof, must purport to be certified under the hand of a Judge, Magistrate, or officer of the other State, to be the original depositions or affirmations, or to be the true copies thereof, as the case may require.

3. A certificate of or judicial document stating the fact of a conviction must purport

to be certified by a Judge, Magistrate, or officer of the other State.

4. In every case such warrant, deposition, affirmation, copy, certificate, or judicial document must be authenticated either by the cath of some witness, or by being sealed with the official seal of the Minister of Justice or some other Minister of the other State; but any other mode of authentication for the time being per- mitted by the law of the country where the examination is taken may be substi- tuted for the foregoing.

ARTICLE 11.

The extradition shall not take place unless the evidence be found sufficient according to the laws of the State applied to, either to justify the committal of the prisoner for trial, in case the crime had been committed in the territory of the said State, or to prove that the prisoner is the identical person convicted by the courts of the State which makes the requisition, and that the crime of which he has been convicted is one in respect of which extradition could, at the time of such conviction, have been granted by the State applied to. The fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his being committed to prison to await his surrender.

ARTICLE 12.

If the individual claimed by one of the two High Contracting Parties in pursuance of the present Treaty should be also claimed by one or several other Powers, his extradition shall be granted to that State whose demand is earliest in date.

ARTICLE 13.

If sufficient evidence for the extradition be not produced within two months from the date of the apprehension of the fugitive, or within such further time as the State applied to, or the proper tribunal thereof shall direct, the fugitive shall be set at liberty.

ARTICLE 14.

All articles seized which were in the possession of the person to be surrendered, at the time of his apprehension, shall, if the competent authority of the State applied to for the extradition has ordered the delivery thereof, be given up when the extradition takes place, and the said delivery shall extend not merely to the stolen articles, but to everything that may serve as a proof of the crime.

ARTICLE 15.

The High Contracting Parties renounce any claim for the reimbursement of the expen- ses incurred by them in the arrest and maintenance of the person to be surrendered and his conveyance till placed on board the ship; they reciprocally agree to bear such expenses

themselves.

ARTICLE 16.

The stipulations of the present Treaty shall be applicable to the Colonies and foreign possessions of His Britannic Majesty, so far as the laws for the time being in force in such Colonies and foreign possessions respectively will allow.

724 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

　　　　The requisition for the surrender of a fugitive criminal who has taken refuge in any such Colony or foreign possession may be made to the Governor or chief authority of such Colony or possession by any person authorized to act in such Colony or possession as a consular officer of Siam.

Such requisitions may be disposed of, subject always, as nearly as may be, and so far as the laws of such Colonies or foreign possessions will allow, to the provisions of this Treaty, by the said Governors or chief authorities, who, however, shall be at liberty either to grant the surrender or to refer the matter to His Britannic Majesty's Government.

　　　　His Britannic Majesty shall, however, be at liberty to make special arrangements in the British Colonies and foreign possessions for the surrender of criminals from Siam who may take refuge within such Colonies and foreign possessions, on the basis, as nearly as may be, and so far as the laws of such Colonies or foreign possessions will allow, of the provisions of the present Treaty.

　　　　Requisitions for the surrender of a fugitive criminal emanating from any Colony or foreign possession of His Britannic Majesty shall be governed by the rules laid down in the preceding articles of the present Treaty.

ARTICLE 17.

The present Treaty shall come into force ten days after its publication in conformity with the forms prescribed by the laws of the High Contracting Parties. It may be termin- ated by either of the High Contracting Parties at any time on giving to the other six months' notice of its intention to do so.

　　　　The Treaty shall be ratified, and the ratifications shall be exchanged at London, as soon as possible.

　　　　In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the scal of their arms.

　　　　Done in duplicate at Bangkok, the fourth day of March, 1911, in the 129th Year of "Ratanakosindr."

(L.S.) ARTHUR PEEL.

(L.S.) DEVAWONGSE VAROPRAKAR.

　　　　And whereas the ratifications of the above Treaty were exchanged at London on the 1st day of August, 1911;

NOW, THEREFORE, His Majesty, by and with the advice of His Privy Council, and in virtue of the authority committed to Him by the said recited Acts, doth order, and it is hereby ordered, that from and after the 24th day of November, 1911, the said Acts shall apply in the case of Siam under and in accordance with the said Treaty of the 4th March,

1911.

　　　　Provided always that the operation of the said Acts shall be and remain suspended within the Dominion of Canada so long as an Act of the Parliament of Canada, being Part I of Chapter 155 of The Revised Statutes of Canada, 1906," and entitled "An Act respect- ing the Extradition of Fugitive Criminals," shall continue in force there, and no longer.

ALMERIC FITZROY.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 725

EXECUTIVE COUNCIL.

No. 402.

Regulation made by the Governor-in-Council under Section 3 of the Pounds Ordinance, 1911, (Ordinance No. 54 of 1911), this 24th day of December, 1911.

Pound Fees.

For every horse, mule, donkey, buffalo, ox or dog, For every sheep, goat, pig, goose, duck or fowl,

.....50 cents.

.25 cents.

No. 403.-It is hereby notified that is Excellency the Governor-in-Council has given direction for the rescission of Proclamation No. 8 of the 1st November, 1911, declaring Singapore to be a port or place at which an infectious or contagious disease prevails, and that the same is hereby rescinded.

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

24th December, 1911.

No. 404.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No.

THURSDAY, 21ST DECEMBER, 1911.

No. 26.

PRESENT :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

Dr. Ho KAI, M.B., C.M.G.

the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCk, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD Osborne.

Mr. CHARLES HENDERSON Ross.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 7th December, 1911, were read and confirmed.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 725

EXECUTIVE COUNCIL.

No. 402.

Regulation made by the Governor-in-Council under Section 3 of the Pounds Ordinance, 1911, (Ordinance No. 54 of 1911), this 24th day of December, 1911.

Pound Fees.

For every horse, mule, donkey, buffalo, ox or dog, For every sheep, goat, pig, goose, duck or fowl,

.....50 cents.

.25 cents.

R. H. CROFTON,

Clerk of Councils.

COUNCIL CHAMBER,

24th December, 1911.

No. 404.

LEGISLATIVE COUNCIL.

LEGISLATIVE COUNCIL, No.

THURSDAY, 21ST DECEMBER, 1911.

No. 26.

PRESENT :

HIS EXCELLENCY THE GOVERNOR

(Sir FREDERICK JOHN DEALTRY LUGARD, G.C.M.G., C.B., D.S.O.).

The Honourable the Colonial Secretary, (CECIL CLEMENTI).

the Attorney General, (CHALONER GRENVILLE ALABASTER). the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON). the Director of Public Works, (WILLIAM CHATHAM, C.M.G.).

the Registrar General, (EDWIN RICHARD HALLIFAX).

Dr. Ho KAI, M.B., C.M.G.

the Captain Superintendent of Police, (FRANCIS JOSEPH BADELEY).

Mr. WEI YUK, C.M.G.

Mr. HENRY EDWARD POLLOCk, K.C.

Mr. EDBERT ANSGAR HEWETT.

Mr. EDWARD Osborne.

Mr. CHARLES HENDERSON Ross.

ABSENT:

His Excellency the General Officer Commanding the Troops, (Major-General CHARLES

ALEXANDER ANDERSON, C.B.).

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 7th December, 1911, were read and confirmed.

726

THE HONGKONG GÖVERNMENT GAZETTE, DECEMBER 29, 1911.

　　　　FINANCIAL MINUTES.---The Colonial Secretary laid on the table Financial Minutes Nos. 102 to 110, and moved that they be referred to the Finance Committee

No. 102.-Miscellaneous Services, Illumination of Public

Buildings in connection with the Coronation Celebrations,

No. 103.-Kowloon-Canton Railway, Working Expenses of

Open Line,

No. 104.-Miscellaneous Services, Compensation for damage to

shop at No. 100, Des Voeux Road Central,.

No. 105.-Office of Assessor of Rates, Incidental Expenses, No. 106.-Medical Departments, Other Charges,

762.

51,680.

300.

25.

610.

100.

No. 107.-Post Office, Coals, Stores, etc., for Steam-Launch, No. 108. Charitable Services, Other Charitable Allowances, ...£

...

laneous Works,

No. 109.-Public Works, Extraordinary, Buildings, Law Courts, $15,000. No. 110.-Public Works, Extraordinary, Miscellaneous, Miscel-

The Colonial Treasurer seconded.

Question-put and agreed to.

500.

REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary laid on the table the Report of the Finance Committee (No. 22) dated the 7th December, 1911, and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

PAPERS.-The Colonial Secretary laid on the table the following paper:-

Report on an Investigation of the Pokfulum Water Supply by the Government

Bacteriologist.

　　　　　REPORT OF THE PUBLIC WORKS COMMITTEE.-The Director of Public Works laid on the table the Report of the Public Works Committee (No. 4) dated the 7th December,

1911.

　　　　BADGE OF THE COLONY. The Colonial Secretary addressed the Council and moved the following Resolution:-

Resolved that the existing badge of the Colony is not only inartistic but it is unsuit- able for reproduction especially on flags, etc., and resolved therefore that the design laid on the table, being both simpler and more artistic, be substituted therefor.

The Attorney General seconded.

　　　　On the motion of the Colonial Secretary, seconded by the Attorney General, it was agreed that the vote on the resolution be deferred until the next meeting.

UNIVERSITY BILL.-The Attorney General moved that the Council resolve itself into a Committee of the whole Council to consider the Bill entitled An Ordinance to further amend the University Ordinance, 1911.

The Colonial Secretary seconded. Question-put and agreed to.

Council in Committee on the Bill.

　　　　On the motion of His Excellency the Governor it was agreed that the words "Govern- or-in-Council" at the end of sub-section (e) of section 2 be deleted and that the words "Court and by the Court of the Hongkong College of Medicine" be substituted therefor.

　　　　On Council resuming, the Attorney General reported that the Bill had passed through Committee with amendments and moved that it be read a third time.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time and passed.

　　　　MERCANTILE BANK NOTE ISSUE BILL.-The Attorney General moved the First read- ing of a Bill entitled An Ordinance to provide for the issue by the Mercantile Bank of India Limited of Bills and Notes payable to Bearer on Demand.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a first time.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

727

PUBLIC HEALTH AND BUILDINGS AMENDMENT BILL- The Director of Public Works addressed the Council and moved the Second reading of the bill entitled An Ordinance to amend the Ordinance relating to Public Health and Buildings.

The Colonial Secretary seconded.

Mr. POLLOCK and the Colonial Secretary addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

The following amendments were agreed to:-

The words "other than a vernacular school' were inserted before the words "in the Colony" in line 22 of section 2 and the words "the professors, lecturers and other acade- mic officers of the University of Hongkong;" were inserted after the said words "in the Colony ;".

The following section, to be numbered 3, was inserted in the Bill: -

tion 42 of

3. Section 42 of the Public Health and Buildings Ordinance 1903 is Amends sec-

hereby amended by the addition after the word "establish in Ordinance line 2 thereof of the words "or carry on" and also by the addi- No.1 of 1993. tion at the end thereof of the words "Provided always that any permission given by the Board under either part of this section shall be revocable at any time by the Board."

Sections 3 to 7 were renumbered 4 to 8 respectively.

The Council then resumed, Sections 5 to 8 being left in Committee.

STATUTE LAW (NEW REVISED EDITION) BILL-The Attorney General addressed the Council and moved the Second reading of the Bill entitled An Ordinance to amend the Statute Laws (New Revised Edition) Ordinance, 1911.

1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

ADJOURNMENT.-The Council then adjourned until Thursday, the 28th December,

Read and confirmed this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 405.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 60 of 1911.-An Ordinance to amend the Ordinance relating to

Public Health and Buildings.

Ordinance No. 61 of 1911.-An Ordinance to amend the Statute Laws (New

Revised Edition) Ordinance, 1911.

Ordinance No. 62 of 1911.-An Ordinance to amend the Law Revision Ordin-

ance, 1911.

Ordinance No. 63 of 1911.-An Ordinance to amend the Law Amendment Or- dinance, 1911.

Ordinance No. 64 of 1911.-An Ordinance to further amend the Foreign Offenders

Detention Ordinance, 1872.

Ordinance No. 65 of 1911.-An Ordinance to provide for the issue by the Mer- cantile Bank of India Limited of Bills and Notes

payable to Bearer on Demand.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

727

The Colonial Secretary seconded.

Mr. POLLOCK and the Colonial Secretary addressed the Council.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

The following amendments were agreed to:-

The following section, to be numbered 3, was inserted in the Bill: -

tion 42 of

3. Section 42 of the Public Health and Buildings Ordinance 1903 is Amends sec-

Sections 3 to 7 were renumbered 4 to 8 respectively.

The Council then resumed, Sections 5 to 8 being left in Committee.

1911.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

ADJOURNMENT.-The Council then adjourned until Thursday, the 28th December,

Read and confirmed this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

F. D. LUGARD,

Governor.

No. 405.-His Excellency the Governor has given his assent, in the name and on behalf of His Majesty the King, to the following Ordinances passed by the Legislative Council :--

Ordinance No. 60 of 1911.-An Ordinance to amend the Ordinance relating to

Public Health and Buildings.

Ordinance No. 61 of 1911.-An Ordinance to amend the Statute Laws (New

Revised Edition) Ordinance, 1911.

Ordinance No. 62 of 1911.-An Ordinance to amend the Law Revision Ordin-

ance, 1911.

Ordinance No. 63 of 1911.-An Ordinance to amend the Law Amendment Or- dinance, 1911.

Ordinance No. 64 of 1911.-An Ordinance to further amend the Foreign Offenders

Detention Ordinance, 1872.

Ordinance No. 65 of 1911.-An Ordinance to provide for the issue by the Mer- cantile Bank of India Limited of Bills and Notes

payable to Bearer on Demand.

728

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Short title.

Amends sec- tion 8 of Ordinance

No. 1 of 1903 as amended by section 4 of Ordinance

No. 14 of 1908.

Amends sec- tion 42 of Ordinance

No. 1 of 1903.

Amends sub- section (2) of section 153 of

HONGKONG.

No. 60 or 1911.

An Ordinance to amend the Ordinance relating

to Public Health and Buildings.

F. D. LUGARD,

Governor.

[29th December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Pablic Health and Buildings Amendment Ordinance, 1911.

2. Section 8 of the Public Health and Buildings Ordin- ance 1903 as amended by section 4 of the Public Health and Buildings Amendment Ordinance 1908 is hereby " such per- further amended by the deletion of the words sons as are included in the special and common Jury Lists, and also by such persons as are exempt from serving on juries on account of their professional avocations or on account of their being Members of Council or on account of infirmity or of their being over the age of sixty years and by the substitution therefor of the words "such per- sons as are included in either of the Jurors Lists referred to in section 7 (3) of the Jury Ordinance 1887 and also by the following persons exempted from serving as jurors, that is to say, unofficial members of the Executive or of the Legislative Council; barristers and solicitors on the roll of the Supreme Court; duly qualified medical practitioners ; dentists in actual practice in the Colony; persons regis- tered under the Pharmacy Ordinance 1908; clergymen of the Church of England, Roman Catholic priests, minis- ters of any congregation of Protestant dissenters or of Jews functioning in the Colony; the masters of any school other than a vernacular school in the Colony; the profes- sors, lecturers and other academic officers of the University of Hongkong; the editors, sub-editors and reporters of any daily newspaper published in the Colony; pilots licensed under the Pilots Ordinance 1904; and persons of sound mind who have previously been included in either of the said Jurors Lists but have been removed therefrom on account of age or infirmity".

3. Section 42 of the Public Health and Buildings Ordin- ance 1903 is hereby amended by the addition after the word "establish" in line 2 thereof of the words "or carry On and also by the addition at the end thereof of the words "Provided always that any permission given by the Board under either part of this section shall be revocable at any time by the Board."

4. Sub-section (2) of section 153 of the Public Health and Buildings Ordinance 1903 as amended by section 7 of the Public Health and Buildings Amendment Ordinance 1909 is hereby further amended by the deletion of the words "of a suitable area" at the end thereof aud by the substitution therefor of the words "each of which shall amended by contain an area not exceeding one hundred square feet and of which the least dimension shall not be less than seven feet".

Ordinance No. 1 of 1903 as

Ordinance

No. 11 of

1909.

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

HONGKONG.

No. 61 OF 1911.

An Ordinance to amend the Statute Laws (New

Revised Edition) Ordinance, 1911.

F. D. LUGARD,

Governor.

729

[29th December, 1911.]

BE it cuacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Statute Laws Short title. (New Revised Edition) Amendment Ordinance, 1911.

2. Sub-section (iii) of section 4 of the Statute Laws Amends sec- (New Revised Edition) Ordinance is hereby amended by the deletion of the word "minor".

3. Section 7 of the Statute Laws (New Revised Edition) Ordinance, 1911, is hereby amended by the deletion of the

words :-

tion 4 of

Ordinance No. 19 of 1911.

Amends section 7 of

Ordinance No. 19 of

"shall be comprised in two Volumes, which shall 1911. include all the Ordinances in force down to the end of the year 1910, together with such of the Ordinances passed in the year 1911

and by the substitution therefor of the words :-

"shall comprise the Ordinances in force on the 31st day of December, 1911, as amended by any Ordinances passed in the year 1912, which shall have been drafted by the Editor in connection with the preparation of the said Edition. The said Eition shall be comprised in two Volumes which shall include the Ordinances of the years 1844 to 1910 inclusive together with such of the Ordinances of the year 1911 ".

tions 9, 10

4. Sections 9, 10 and 11 of the Statute Laws (New Repeals see- Revised Edition) Ordinance, 1911, are hereby repealed and there shall be substituted therefor the following see- tions :-

and 11 of Ordinance No. 19 of 1911 and substitutes

new sec- tions.

-(1.) The Statute Law Preservation Ordinance, Provision for

1886, is repealed.

the preserva- tion of Ordin-

ances as

passed and of

record and

(2.) A copy of this Ordinance and of all Ordinances passed after the commencement of this Ordin- ance, certified under the hand of the Revised

　　　　　　　　　Edition for Governor and the seal of the Colony shall, as soon as conveniently may be after they have purposes of been passed by the Legislative Council and proof. assented to by the Governor, be transmitted by the Clerk of Councils to the Registrar of the Supreme Court, who shall carefully pre- serve them for record together with the col- lection of Ordinances of the Colony from the commencement thereof down to and inclusive of Ordinance No. 30 of 1886 and the sealed copies of all the Ordinances subse- quent to Ordinance No. 30 of 1886 already preserved in the Registry.

(3.) All such sealed copies and all the copies con- tained in the sail collection shall be deemed to be the originals.

(4.) The Registrar shall also obtain and carefully

preserve a copy of the Revised Edition.

730

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Repeal of Ordinance No. 12 of 1900 from

date of pro- clamation of New Revised Edition.

Validity and operation of New Revised

Edition,

(5.) In so far as there are variances between the

Revised Edition and the aforesaid originals in the ease of Ordinances passed up to the end of the year 1901 such originals shall be deemed to have been amended by and such variations shall be deemed to have been authorised by the Statute Laws (Revised Edition) Ordinance, 1900.

(6.) Such originals and the Ordinances contained in the Revised Edition shall be proved by certi- fied copies thereof, or, by order of a judge, by the production thereof by the Registrar. Subject however to objection being taken any such original or any Ordinance contained in the Revised Edition may be proved by the production of a copy of the Gazette or of a copy of any collection of Ordinances, pur- porting to be printed by the Government Printers, containing a copy of such original or by the production of a volume of the Revised Edition, purporting to be impressed on the title page thereof with the seal of the Colony, containing such Ordinance.

(7.) Any person shall be entitled to inspect any such originals or the copy of the Revised Edition preserved by the Registrar of the Supreme Court as aforesaid during the office hours of the Registry on payment of twenty-five cents for each inspection not exceeding three hours, and to take copies or extracts there- from for certification by the Registrar, on payment of twenty-five cents per folio of seventy-five words for each copy or extract. 10.(1.) The Statute Laws (Revised Edition) Ordin-

ance, 1900, is repealed.

(2.) This section shall come into force at the same time as the proclamation referred to in section 8.

11. From and aff the date of such proclamation the New Revised Edition shall be deemed to be, and shall be, without any question, in all Courts of Justice and for all other purposes whatsoever the sole and only proper Statute Book of the Colony up to the date of the latest of the Ordinances contained therein. From and after the said date in so far as there may be variances between the Ordin- auces contained in the New Revised Edi- tion and the Ordinances contained in the Revised Edition or between the New Revised Edition and the originals preserved by the Registrar of the Supreme Court of Ördin- ances passed during the period between the commencement of the year 1902 and the end of the year of 1911 the Ordinances contained in the Revised Edition and the Ordinances passed during the said period shall be deemed to have been amended by and such variations shall be deemed to have been authorised by this Ordinance:

Provided that nothing in this section shall affect the operation of any Ordinance which may be passed, before the issue of such pro- clamation, for the repeal, alteration or amend- ment of any earlier Ordinance after such Ordinance has been printed in the Revised Edition."

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellencey the Governor, the 29th

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

HONGKONG.

No. 62 or 1911.

An Ordinance to amend the Law Revision Or-

dinance, 1911.

F. D. LUGARD,

Governor.

731

[29th December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows :---

1. This Ordinance may be cited as the Law Short title. Revision (No. 2) Ordinance, 1911.

Schedule of

2. The Schedule to this Ordinance shall be Addition to added to the Schedule of the Law Revision Or- dinance, 1911.

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th day of December, 1911.

Ordinance No. 50 of 1911.

C. CLEMENTI,

Colonial Secretary.

Schedule.

Ordinance No. 1 of 1868 :--

in s. 5 (2),

the words "(the proof whereof shall lie on such person)".

in s. 7,

the words "punishable ", "then and in every such case", "for his offence "established or to be established in this Colony ".

in s. 8,

the words from "and the Governor" to "thereof", "personal", and the figure "(1)", and sub-ss. (2) and (3).

Ordinance No. 2 of 1868 :---

in s. 2,

the words "within this Colony

in s. 3,

the words "of firemen established under this Ordinance".

732

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 4.

the words from "out of " to the end. in s. 5,

the words "any of ", from "but such to "Gazette". from " as may be" to "re- gulations

""such before" department-

al", "as he may consider necessary ", and "Fire

before" Brigade" wherever it

occurs.

in s. 6,

the words "Fire" and "said before Brigade" wherever they occur, "in his discretion", "this Ordinance and", "here- by".

in s. 7,

the word "Fire" after "of the ".

s. 8, and s. 4 of No. 1 of 1908,

}

the whole.

Ordinance No. 3 of 1868 :-

in s. 2,

the words from "entitled 'An Act for' to "seditious practices and attempts'", and from "entitled "An Act to " to "trea- sonable practices and attempts'", and "said" before "Majesty".

in s. 3,

the words "within this Colony", "Im- perial " before "Crown", "the Imperial"

before Parliament ".

in s. 4,

the words "6

one or more

or Justices".

Ordinance No. 1 of 1869 :

in s. 2,

the words "in this Ordinance referred to as the oath", "that is to say ".

in ss. 3 and 4,

the words "oath in this Ordinance refer-

red to as the ", "that is to say".

in s. 5,

the numeral and words at the end I of

the said schedule ".

in s. 6,

the numeral and words at the end "II of

the said schedule".

in ss. 7 and 9.

the words that is to say

in s. 14,

the words "from time to time".

Ordinance No. 2 of 1869:-

in s. 2,

the words "from time to time and " "within the Colony", "unless and until they are approved of by the Governor, and".

in s. 3,

the words "of Victoria", "unless and until they are approved in manner afore- said, and".

s. 5,

the whole.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

733

Ordinance No. 1 of 1870 :-

in the preamble,

the word "the" before "several", "whose names are mentioned in the schedule to this Ordinance".

in s. 2,

the words from "The said " to "together with ", "other "from time to time "whether of Law or of Equity".

in s. 3.

the words "and by any", "to be here- after", "under section 10".

ss. 4 and 5,

the whole.

in s. 6,

the words "at the expiration of the said two years

in s. 7,

the words "from time to time", "any", "to be hereafter made under section 10

in s. 8,

the words "such", "as may from time to time be ".

in s. 9,

the words "corporate

s. 13,

the whole.

in s. 16,

"thereof ".

the words "of the Colony ".

the schedule,

the whole.

Ordinance No. 1 of 1900:-

in the preamble,

the words "of the Tung Wa Hospital before" for the care", "in this Colony", "of the said branch hospital", "for the erection thereof", "of the Tung Wa Hospital under the Tung Wa Hospital Incorporation Ordinance, 1870", "the body politic and corporate known as ", "in section 3 ".

in s. 2,

the words from "From and after "1870, as "the hospital which is known as", "under the provisions of the said last mentioned Ordinance moreover ", "aforesaid ".

in s. 3,

"" 66

the words from "For the" to "declared that", "of the aforesaid body politic and corporate "of this Colony", "afore- said", "it is also hereby declared that".

Ordinance No. 9 of 1904 :-

in the preamble,

set

the words "the" before "several ". out in the schedule hereto", and from "and establishing" to "Schedule hereto ", and "said" before Tung Wa" wher- ever it occurs.

734

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

s. 1,

the whole.

in s. 2,

the words "comprised in the said sche-

dule to this Ordinance".

in s. 3,

the words "at any time hereafter ".

in s. 4,

the words "and may".

in s. 6,

the words "the security of a ".

Ordinance No. 2 of 1870:-

the preamble,

the whole.

in s. 2.

injury, or spoil

the words "the damage, injury, being".

in s. 3,

the words "such", "as he may deem expedient", and from "and also to the

end.

in s. 4,

the words "for the time being in force under this Ordinance and".

in s. 5 (2),

the words "as aforesaid", and "now" be- fore "punishable".

in s. 6,

the word "now" before "punishable".

Ordinance No. 3 of 1870 :-

in s. 5,

the words "under this section ".

Ordinance No. 4 of 1870 :-

in the preamble,

the words of Parliament", and from "entitled" to "Exchequer".

in s. 2,

the words "within this Colony", "or her successors"".

in s. 3,

the words "and her successors".

in s. 6,

the words "as last aforesaid

as last aforesaid", "to the

in s. 7,

Governor ", "if he thinks fit ".

the words "in its discretion ", "for the time being in force in the Court ".

in s. 9,

the words "under the provisions of this Ordinance".

in s. 12,

the words "within the Colony ".

Ordinance No. 5 of 1870 :-

in the title,

the words "and in certain cases", amount of ".

the preamble,

the whole.

"the

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

735

in s. 2.

the words "under or ", "virtue of ",

自素 to

the Governor-in-Council from time to time", "deemed to be", "by virtue of this Ordinance", "his".

in s. 3,

the words "under this Ordinance ".

in s. 4,

the words "under this Ordinance ", and from "and shall" to the end.

in s. 5,

the words "in his discretion".

Ordinance No. 1 of 1871:-

throughout (except in ss. 21 and 22, where such reference firstly occurs),

all the references to proctors.

in the title.

the words from service and " to mem- bers of the".

in s. 2.

the words "of the Supreme Court ", from "for the time being" to "and proctors in s. 3 (1),

the words "from time to time if he thinks fit". "hereafter ".

Colony ".

and in (2),

'practising in this

the words "The", "practising in this Colony","to the satisfaction of the "preliminary" where it

examiners"

lastly occurs.

in s. 4,

the words either before or after the commencement of this Ordinance ".

in s. 5.

the words The ", "practising in this Colony ".

in s. 8.

the words "partner or

in s. 9.

the words for the time being in force". in s. 10.

the words " from time to time if he thinks fit".

in s. 11.

the words of the Colony ".

in s. 12,

the words for the time being".

in s. 13,

the words "of the Court".

in s. 16,

the words "under section 23", "like-

wise", "if he thinks fit".

in s. 17,

the words from "to apply" to "afore- said".

in s. 18,

the words from "as to enrolment " "mentioned".

in s. 20,

the proviso.

in s. 22,

the words "in any of the capacities there-

in mentioned ".

736

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 23,

the words "of the Court

}

"in the man-

ner herein before directed", "in the man- ner after "sworn", "otherwise ".

in s. 24,

the words "of the Court", "or declara- tion and affirmation" twice, "and, in the case of an oath", and the existing brackets.

in s. 26,

the words "to practise" after "Court", "all", "of the Colony ".

in s. 27,

the words "in this Colony", "by the Court, either before or after the commen- cement of this Ordinance "as herein- before provided".

in s. 29 (3),

any" twice.

the word "any

in s. 30,

the words

by the Court after the com-

mencement of this Ordinance ".

in s. 31,

the words "already made or hereafter to be made on that subject ".

in s. 32,

the words "if he thinks fit", and from "are extended" to the end.

in s. 33,

the word "the" after "proceeding in". in s. 38 (2),

the words "in cases

in s. 39,

twice.

the words "as aforesaid ".

in s. 42,

the words "for the time being in force".

in s. 49,

the second sub-s., and "(1)".

in s. 50,

"(1).".

the second sub-s., and "

in s. 51,

the words "said", "and to all business

now being done or to be hereafter done within the same ".

in s. 55,

the words from "or to prejudice" to the end.

in the schedule,

the words in the fifth item "practising in the Colony ".

Ordinance No. 1 of 1872 :-

in the preamble,

the words "on such charges or convic- tions", "and custody "," as aforesaid ".

8. 2,

the whole.

in s. 3.

the words "at any time"

in s. 4.

the words "on the issue of such war- rant", "to be dealt with as hereinafter provided".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

737

in s. 5,

the words "and regulations".

in (1),

there must be produced before the Magistrate".

in (2),

"in every case", "to the satisfaction of the Magistrate".

in Forms 1, 4 and 5 of schedule,

the words" By Order, (Signed) Colonial Secretary".

Ordinance No. 1 of 1873 :-

in s. 2.

the words for the time being ", and "or bodies of persons

twice.

in s. 3.

the proviso.

in s. 5,

the words "revoke and vary", from "and. during" to "in section 3"; from "to which to "to apply", and the proviso.

in s. 6.

the figure "(1)", and the words "

vary, and revoke rules and ", "to which this Ordinance applies"; "such " before 'dangerous" in para. (b) and sub-sec- tions (2), (3) and (4).

in s. 7,

the words "rules and".

in ss. 8, 9 (1). 9 (2), 10 (5), 11, 12, 13 and

17.

the words to which this Ordinance applies" wherever they occur.

in s. 8 (2),

the words before which the case is tried ".

in s. 10 (1),

the words to which this Ordinance

applies". "any

"any rules or ", " of this Ordin-

ance

in s. 12 (4) (b),

the words "as authorised by this section". in s. 14 (1) and (2).

the words "or of the Court and jury " in s. 16 (1).

the words "two", "after being tested by him "

"or Possession ".

and in (2),

the word "two".

in s. 18 (1),

the words "and penalties", from "in manner to "conviction

and in (2),

the words "and penalties and from

sitting" to "purpose".

in s. 20,

the words "for the time in force".

Ordinance No. 2 of 1873:

in ss. 2 and 3,

the words "heretofore granted or to be hereafter granted", "at any time after the commencement of this Ordinance ".

738

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 7.

the words "under this Ordinance" twice.

Ordinance No. 3 of 1873 :-

in s. 2,

the words of the Supreme Court ". in s. 6,

the words "as to their applicability", and from "and except so far" to the end.

in s. 9,

the word "future".

in s. 10,

"" 66

the words "of the Supreme Court in his discretion", "under this section' "appeals and other".

in s. 13.

the words "such and ".

in s. 14.

the words" to their offices".

in s. 16.

the words "or any Deputy Registrar".

in s. 25,

the words "of the Court" after "Bailiffs". in s. 28,

the words "or of a Deputy Registrar of the Court", "or Deputy Registrar ".

in s. 29,

the words "and may ", "to and". in s. 31,

the words or if a quaker, upon affirma- tion "

"then, and in each and every such "and may ".

case 7 in s. 32,

the words from "and from." to "may require", "nor any alteration, amendment. or revocation thereof", "deemed". "of ".

in s. 33.

the words "for the time being in force and the figure"(1)" and sub-s. (2).

Ordinance No. 4 of 1873 :

the preamble.

in s. 2.

瞬

the words "of the Supreme Court", "under this Ordinance", from The Full" to "of 1862", from The Code to Supreme Court ", and as amended by No. 7 of 1902, the figures "1901" in the definition of The Principal Register ".

S. 4,

the whole.

in s. 13 (2),

the words "under the provision of this Ordinance".

in s. 17.

the words "in bis discretion

in s. 19.

the words in its discretion ".

in s. 20,

the words" or by a solicitor or counsel

'some "or sufficient", "the Court before "in person", "in its discretion".

in s. 21.

•

the words and figures (1)", in its discretion", under this Ordinance and sub-s. (2).

་

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

739

in s. 23,

the words "the" before "personal", and

"of the defendant" at the end.

in s. 24,

the words from "entitled" to "Tenants".

in s. 26,

the words "special

in s. 28,

"contained in".

the words "cancelled therein and", "there- from", and from "notwithstanding" to

the end.

in s. 29,

the words "of the Court", "cancelled therein and", "therefrom ".

in s. 30,

the words "as aforesaid ", twice.

in s. 33.

the words "of the Supreme Court ". in s 34,

the words "of the Supreme Court", "in its riginal Jurisdiction ", "in its discre- tion" twice, "hereby limited ".

in s. 37,

the words "if it thinks it necessary to do so".

in s. 39,

the words from "for the to "Ordin- ance", "from time to time", "and deter- mined".

in s. 40,

the word "special ".

Ordinance No. 1 of 1874 :

in s. 2,

the words "the term ".

in s. 3,

the words "the limits of", "in writing

signed by the Colonial Secretary ".

ss. 5 and 7.

the whole.

Ordinance No. 1 of 1875:-

in the title,

the words "to provide means Colony".

in s. 2,

in this

the words "in this Colony" twice.

in s. 3,

the words" to his satisfaction ".

in s. 4,

the words "and issued by the Commodore or other officer", "himself ".

in s. 6,

the words "The preceding provisions of".

Ordinance No. 2 of 1875:-

the preamble.

in s. 2,

the words "in this Colony ".

in s. 3,

the words "notwithstanding the provi- sions of this Ordinance".

in s. 8.

the words "the provisions of".

740

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 3 of 1875 :-

in the title,

the words "and to provide means for altering the statutes of the said College". in the preamble,

the words from "and did appoint" to "of Victoria" before "and whereas ", from "that the government" to "might seem fit". from "and in the said lease" to "who had resigned", from "after reci- ting" to "Alford", from "and to provide" to the end.

ss. 3, 4, 5 and 6,

the whole.

Ordinance No. 4 of 1875 :-

in the title,

the word "(Hongkong) ".

in s. 2,

the words from "means"

means" to "Admiral and ".

in s. 5,

the words "a book or".

in s. 7,

the words "any of the".

in s. 8 (2),

the word "said " before "schedule". and in (3),

"(the proof whereof shall lie on him)". in s. 19,

the words "for the time being in force". in s. 11,

the words "(proof of which permission shall lie on him) ".

in s. 12,

the words "for the purposes of this Or- dinance". "all inclusive ".

Ordinance No. 6 of 1875:-

in the title,

the words "for Rents and for Assess- ments".

in s. 2,

the words "; and may do so".

Ordinance No. 7 of 1875:

the preamble,

the whole.

in s. 6,

the words "as heretofore ".

in s. 11 (2),

the words "when he sees fit".

in s. 17,

the words "any", "thereof".

in s. 24,

the words "of Justice", "now or here- after".

in ss. 28, 29 and 32,

the words "being convicted thereof before the Supreme Court".

in s. 35,

the words "and shall be paid by him into the Colonial Treasury".

in s. 37, as amended by No. 20 of 1910,

the words "of this Ordinance".

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

741

Ordinance No. 1 of 1881 :-

in s. 2,

the words from "the Superintendent" to

the end.

in s. 3,

the words "at any time", "either before or after the commencement of this Or- dinance", "in his discretion".

in s. 5,

the words "and regulations".

and in (5),

the words "of Justice ".

in s. 7 (1),

the words "of the Supreme Court" twice "hereinafter contained".

in (2),

", such order".

in (3),

"against an order of committal". in (4),

from (4) in case" to "frivolous", "if it thinks fit".

in (5) as re-numbered (4),

"against his committal". in (6) as re-numbered (5),

in s. 8,

"if he thinks fit", "and regulations".

the words "under this Ordinance '.

in s. 9 (1),

the words "in the discretion of the Gov- ernor-in-Council".

and in (2),

"in such discretion and ".

in s. 10,

the words "by the Governor-in-Council". in s. 11,

the words "by the Governor-in-Council" "crime or" twice, "cognizable by the said Courts", "or previous determina- tion".

in s. 12,

the words "in custody under this Or- dinance", "from such custody".

in s. 13,

the words "under this Ordinance", "pur- suant thereto", "on its", "so committed", "out of custody", "said" before "period", "upon such proceeding", "the said period".

in s. 14,

the words "to be", "and" before "not included".

in s. 16,

the words "under this Ordinance".

in s. 19,

the words "of this Colony", "in the Gazette", "in its operation", and from "and from the date" to the end.

in Form 1 of 2nd Schedule,

the words "By Order (signed) Colonial Secretary".

742

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 2 of 1881:-

in s. 5,

the words "and, when made, revoke, add to, and alter", and from "revocations to "Gazette, and ".

in s. § (3).

the words "appointed under this Ordin- ance".

and s. 8 (4),

the whole.

Ordinance No. 1 of 1882 :--

in ss. 5 and 7,

the words "(the proof whereof shall lie on him)", "instead of committing the pri soner for trial at the Supreme Court' in s. 6,

the words "in his discretion", "namely", "by any

Court of competent jurisdiction

in s. 7,

the words "either before or after the commencement of this Ordinance".

in ss. 8 and 9,

the words "If it appears fit to the Gov- ernor-in-Council".

in s. 10,

the words "in the Colony".

Ordinance No. 1 of 1883 :-

in ss. 5 and 6,

the words "of the Colony".

in s. 6,

the words "allowed by this Ordinance, as".

in s. 11,

the words "of the Supreme Court", "or a Deputy Registrar".

in s. 12,

the words "or Deputy Registrar". in s. 13 (2),

the words "or a Deputy Registrar".

in s. 14,

the words "under this Ordinance".

in s. 26,

the words "in its discretion".

in s. 35,

the words "or a Deputy Registrar", "or Deputy Registrar".

Ordinance No. 2 of 1883:-

in s. 2,

the words "or carriages", "or include",

mean or".

in s. 5 (now 3),

the words ") Tramway No. 6".

in s. 8 (now 4),

the words from "being first" to "as aforesaid", and "as regards Tramway No. 6".

in s. 9 (now 5),

the words "being first obtained", "by the company", "of" after "approved". in s. 12 (now 6),

the words "said rails", "of" after "ap- proved".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

743

in s. 21 (now 7),

the words "previous",

" as aforesaid

"by or at the cost or expense of the Com- pany under this Ordinance".

in s. 24 (now 8),

the words "on the one hand", "on the other hand", from "or with respect'

"or to the company".

in s. 25 (now 9),

"" to

the words "or other officer duly ap- pointed in writing for that purpose by the Governor-in-Council".

in s. 33 (1) (now 10),

the words "at any time after the opening of any tramway for traffic", "for which purpose", "and such discontinuance is proved to the satisfaction of the Govern- or-in-Council";

in (2),

"by the Governor-in-Council" after "to that effect", "to the Surveyor General", "and of the making good of the road by the Surveyor General". and in (3),

"to it", "any", "of the proceeds of sale".

in s. 34 (now 11),

the words "at any time after the opening of any tramway for traffic".

in s. 35 (now 12),

the words "of the Company" after "plant", "by it".

in s. 37 (now 13),

the word "of" at the end.

in s. 39 (now 15),

the words "on the tramways, or any of them".

in s. 42 (now 16),

the words "and when made, may rescind, annul or add to", "any of the tramways for regulating".

in (e).

the words and figures "and 6".

in (g):

the words "for the time being

in (h),

"to

✔

the words to the Governor-in-

Council".

in (2),

the words "and from time to time repeal or alter such by-laws and make new by-laws".

sub-s. (4),

the whole.

in s. 45 (1) (now 18),

the words "being first obtained (but not otherwise)", "at any time and from time to time", "or absolutely dispose of", "or persons, corporation or company".

in (2),

or absolute disposal", "or abso- lutely disposed of" three times, "or persons, corporation or company twice, "or have", "or were", "upon him or them or it", "or they or it".

744

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 46 (now 19),

the words "being first obtained (but not otherwise) at any

time and from time

19 66

to time' or persons, corporation or company, "or terms of years, or from year to year, or for any less period, and for such rent or rents terms and " "to adopt".

in s. 47 (now 20),

19 ((

the words "at any time or from time to time", "or persons, corporation or com- pany", "or proper

in s. 48 (now 21),

the words "at any time or times and at all times", "hereby authorised, or any or either of them".

in s. 52 (2) (now 23),

the words "and charges",

side", thereof".

in s. 54 (now 24),

the words "or any of them ".

in s. 59 (now 25),

"and out-

to "any

the words from "or defaces" to

tramway".

in s. 60 (now 26),

the words "(the proof whereof shall lie

on him)",

in s. 61,

namely ".

the word "such" before "carriage ". in s. 126 (now 31),

the words "or any ", "at law or equity".

in s. 127 (now 32),

the words "or in print or partly in writ- ing and partly in print", and the proviso.

in s. 129 (now 34),

the words from "or by

and from "under the

in s. 135 (now 36),

to "hereof "

to the end.

the words "in the Colony", and from "or to any" to "this Ordinance".

in s. 136 (now 37),

the words from "and of all to the end.

Ordinance No. 1 of 1884-

in s. 2.

the first sub-s., and

the words and figures "(2) ". " as amend ed by any future Ordinance ".

in s. 4,

the words and figures (1)", "(2) The register shall be".

in s. 5.

the words and figures (1)", from "shall be" to "of the register", "at any such time"

succeeding", from "(2) Any copy

to "Ordinance, and ". " under this Ordinance".

in s. 6 (1),

the words from "keep the to

this

Ordinance and", "under this Ordinance" twice.

and in (2),

"to such letter ". "after the sending thereof ", "in the register".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 7,

the words "under this Ordinance, or entitled to the benefit of section 20", "by such person".

in s. 8,

the words "after the 3rd day of May, 1884", "either", "under this Ordinance or entitled to the benefit of section 20". in s. 9,

the words "after the 3rd day of May, 1884","certificate" after "which". in s. 10 (1),

the words under this Ordinance" "any" twice," from time to time there- to".

sub-s. (4),

the whole,

in s. 11,

the words "in proof of his title thereto ", for duty, by way of registration fee "of the Imperia! Parliament ".

in s 12,

the words "in this Colony ", "under this Ordinance", "1858 and 1886, of the Imperial Parliament ".

in s. 13,

in (1),

the words "as aforesaid ";

in (3),

in s. 14,

the words for duty by way of re- gistration fee", "in this Colony"; and the words and figures "(5) The Governor-in-Council",

"and, if" to the end.

and from

the words "and the Colonial Secretary",

"if it thinks fit".

in ss. 16 and 17,

the words "under this Ordinance ".

in s. 17,

the words "after the 3rd day of May, 1884".

s. 20,

and in (2),

the words "either ", "or entitled to

the benefit of section 20".

the whole.

Ordinance No. 2 of 1884:

in the short title,

the words "Performance of", and the brackets.

in s. 2,

the words "entitled 'An Ordinance to amend the Supreme Court Ordinance, 1873'".

Ordinance No. 1 of 1885:-

in s. 2,

the second sub-s. and the figure "(1)". in s. 3 (2),

the words "under the provisions of this section ".

in s. 6,

the words "at

any

time".

745

746

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 8,

the words "Supreme" before "Court, it shall", "be the duty of the Court to ".

in s. 9,

the words "under the provisions of this Ordinance", "if he thinks fit".

in s. 10.

the words "by the Governor-in-Council", from "for the payment" to "of this Ordinance".

in s. 11,

the words "of the Colony", "the pro- visions of".

Ordinance No. 2 of 1885 :-

in s. 3,

the words "in his discretion ".

in s. 6.

the figure "(1)" before "Every person"; in (2),

the word "or",

the para. (3),

and in the last paragraph the words "apart from and".

in s. 8,

the words and figures "(2) Every per- son who acts in contravention of this section shall".

in s. 9,

the words "under the provisions of this Ordinance".

Ordinance No. 3 of 1885 :-

in ss. 2 and 22,

the words "for the time being in force". in s. 14,

the words "in the Gazette ".

Ordinance No. 4 of 1885 :--

in the short title,

the words "of the Roman Catholic Church ".

in s. 2,

the words from "Right Reverend" to "appointment of", "and his successors holding the said appointment", "for the time being". "for the purposes of this Ordinance", "of Justice and before all Magistrates", by this Ordinance vested or that may hereafter be ", "for the time being".

S. 3,

the whole,

in s. 4,

the words from "or of any to the end. Ordinance No. 5 of 1885:-

in s. 2,

the words from "The Chief" to the end. in s. 7 (1) and (2),

the word "namely" twice.

Ordinance No. 6 of 1885:-

in s. 3,

the words "as hereinafter provided".

in s. 5,

the words "from time to time, at his discretion".

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

747

Ordinance No. 1 of 1886 :-

in s. 7,

the words "The provisions of". Ordinance No. 4 of 1886 :-

in s. 2.

the words "or either of the Deputy Registrars thereof for the time being". in ss. 3 and 18,

the words "From and after the expira- tion of seven days from the commence- ment of this Ordinance ".

in s. 12 (21,

the words "by him".

in s. 18 (1),

the words "within the Colony ", "such declaration".

in s. 19.

the words "from time to time".

in s. 21,

the words "every such offender ". in s. 23,

the words from before a

Ordinance No. 5 of 1886-

s. 2,

the whole.

in s. 5.

to the end.

the words from "so much enactment".

Ordinance No. 7 of 1886 :--

in s. 2,

to " said

the words "or his deputy" and the definition of "Affidavit ".

in s. 2,

the words "executed after the commence- ment of this Ordinance ".

s. 4,

the whole.

in s. 5 (4),

the words "in or incidental to the

paras. (a), (b) and (c).

in s. 11,

the words "whether executed before or after the commencement of this Ordin- ance".

in s. 15,

the word "may before "restrain the . grantee".

in s. 18,

the words after the commencement of this Ordinance", " (whether registered before or after the commencement of this Ordinance)".

in s. 20 (3),

the word "such ".

and in (4),

the word "strictly ".

in s. 21,

the words "of the Supreme Court", "in

his discretion".

in ss. 22 and 23 (3),

the words

in s. 24,

and for the purposes of"

the first sub-s., and the figure "(2)".

748

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 25,

the words from "who shall" to the end. in s. 26 (1),

the words "and altered from time to time", "under and for the purposes of the Supreme Court ".

and in (2),

the words "and for the purposes of ".

Ordinance No. 8 of 1886 :-

in s. 6,

the words "the Supreme", "or of any other Court having jurisdiction within the Colony ".

Ordinance No. 9 of 1886 :--

in s. 2,

the words fro

ap-

The Very" to pointment of", "said "before"Cor- poration", "for the purpose of this Ordinance "of Justice and before all Magistrates", "by this Ordinance vested "or","hereafter "such" before "ap- pointment", and from "and such to the end.

s. 3.

the whole.

in s. 4,

the words from "with the seal" to "authorised, or", "any his successor holding ", "in Hongkong for the Do- minican Missions in the Far East".

in s. 5,

the words from "Her heirs to the end.

Ordinance No. 10 of 1886:-

in s. 3,

the words "enrolled under the Police Ordinance for the time being in force ". in s. 6,

the words "published in the Gazette".

in s. 9.

the words "(of which the burden of proof shall lie on him) ".

in s. 13 (1).

the words "under the provisions of any Colonial Ordinance " "such " as to him may seem sufficient "from the Colony "after" banished".

in (2),

the words "from the Colony".

and in (4),

the words" for the Colonies ".

Ordinance No. 11 of 1886 :-

in the title.

the words "any or Fermented ", and

from "and to " to the end.

in s. 3 (1),

the word "previous".

in (2),

the words "to Her Majesty ".

in 3 (a),

the word "previous".

and in 3 (b),

the words

aforesaid ".

"previous" twice,

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

749

Ordinance No. 12 of 1886 :-

in s. 2,

the words "of the Colony", " of Great Britian and Ireland ", and "(1) the" and "(2) the".

Ordinance No. 13 of 1886 :-

in the title,

the words from "under" to "necessary". in s. 2,

the words "or necessary", and from "and, in case to the end.

in s. 3.

the words

as aforesaid

necessary "Su-

or", 64

Bow or may hereafter be preme", "for the time being thereof ", "the" at the beginning paras. of (a) (b) (e) and (d), "as it or he may think fit",

as aforesaid" after "commission" twice, and after "witnesses" in sub-s. (3).

in s. 4,

the words "under which the commis- sioners are appointed", in its discre-

tion", "as aforesaid conducting any inquiry

•

Ordinance No. 14 of 1886 :-

in s. 4,

the words "The preceding provisions

of "

Ordinance No. 1 of 1887 :-

in s. 4,

the words "or other periodical publica- tion" four times, "or periodical publica- tion "

in s. 11,

the words or prosecuted" three times, "paper, vote, or proceeding" twice, "as the case may be ", "civil or criminal" twice, by virtue of this Ordinance ". in s. 12,

the words "or prosecuted

, paper,

vote, or proceeding" three times,

civil

or criminal", "by virtue of this Or- dinance ".

in s. 13,

the words "or prosecuted", "paper, vote, or proceeding " twice.

in s. 14,

the words "exercising judicial authority". in s. 16,

the words "after hearing such evidence".

in s. 17,

the words from "against a" to "published therein ".

in s. 20 (1),

the words "so that they shall be tried together "

and in (2),

the words "under this section ", "con- solidated" after "actions".

Ordinance No. 3 of 1887 :

in s. 2.

the words from "and any person

to the

end.

750

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER, 29, 1911.

s. 3,

the whole.

Ordinance 4 of 1887 :-

in s. 2.

the words from "now under" to "here- after be ".

in s. 4 (1),

the words "under his hand and seal after "issue his warrant", "and may", "in any part of this Colony

and in (2),

the words "under the warrant ", from

"by whom to "such Magistrate ",

"under his hand and seal".

in s. 5,

the words "and may be written, printed, or lithographed ", granted in the form

in the schedule ".

in s. 6,

the words "granted in the form of the said schedule", "or Justice of the Peace", "either on indictment or summary con- viction".

in s. 7,

the word "such ".

in s. 8,

爷

the words " granted in the form in the said schedule", by a conviction of any indictable offence ","is", from "in pur- suance to Ordinance", "other". "for the purpose of his undergoing such last-mentioned punishment ", "a" before "warrant ". " under the hand and seal ", "with hard labour ".

in s. 9 (1).

the words 66

granted under this Or-

dinance", "for adjudication ".

and in (2),

the words

from the facts proved be-

fore", "so brought before him", "against this Ordinance".

in s. 10,

the words "granted under this Or- dinance" twice, "said" before "schedule",

either on indictment or on suminary conviction", "against this Ordinance ". in s. 11 (1),

the words dinance ".

in (3),

granted under this Or-

the words "Moreover", "such" before "a licence".

and in (4),

↑

the words "with the requisitions of this section" after "or", 6. once in each month"

"before which or whom he is tried "

against this Ordinance". conviction thereof", "with hard labour" before "in respect of", "of imprisonment with hard labour " twice, "unexpired ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 751

in s. 12.

the figures and words "(2) the register shall be kept and such returns shall be", from "who may" to "such regula- or times " (5) any from "made by" to "in the Colony", "(6)", "made in pursuance of this section

"after" of", "as aforesaid "

tions"

any and sub-s. 7.

Ordinance No. 6 of 1887 :--

in s. 4.

the words or be deemed ".

the end of paragraph (10), graph (11).

in s. 5.

" and " "and" at and para-

the words "under the terms of the pre- ceding sections".

in s. 7 (3),

the words "marked off in a separate list and be".

in s. 8.

the words

by the Clerk of Council and

called The Jurors List "," from the said first day of March ".

in s. 9,

the words "When the list is completed

and returned to ", " he ".

in s. 10,

the words " appropriate", "it shall be lawful for ", "to be drawn".

in s. 12,

the words or other officer of the Court", "rule or ", " of the Court or Judge".

the words at the end "which drawn "

in s. 13,

which may

to "is

in s. 14,

the words from before the "

necessary

in s. 16,

the words and figures "(1)", "acting on behalf of the Crown", "of the Court", "against whom an information or indict- ment has been filed", "(2) On the receipt of such notice or on any such order being made" (6

'proceed to", "to" before

summon

in s. 17,

the words "whether common or special".

in s. 18 (1),

the words "in case and as often as

express ".

in (2),

the word "80" after "been " and from Provided" to the end.

in s. 19.

the words "the" after "cards for ".

"of

the case which is so brought on to be tried" and from "and to try" to the end. s. 20,

the whole.

752

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 21 (1),

the words "persons as aforesaid ",

"than

the capital one ".

and in (2),

the word "to".

in s. 22,

the words

in its discretion ", "and have

}

the same force and effect", seven", and from "Provided always" to the end.

in s. 27,

the words or suit".

in s. 28,

the words "or other officer of the Court". in s. 29,

the words from "in accordance" to "contained

•

or affidavit the sum

of ", "as to the Judge may seem meet ". of", in s. 30,

the words "the provisions of", "any", "thereof ", "and accounted for by him to the Colonial Treasury ".

in s. 31,

the words it shall be lawful for ", "if it thinks fit to ", "rule or ".

in s. 33,

"" "

the words from "and such jury" to "in the Court", "in every such case' કી right to have the issue determined, if he so desires, by ".

in s. 34,

the words "whether civil or criminal ". in s. 35,

the words "for the time being".

Ordinance No. 8 of 1887:-

in s. 2,

the definition of "licence".

in s. 3,

the words "and, when made, may alter, add to, or repeal", "under this Ordin- ance".

ss. 4 and 5,

the whole.

in s. 7,

the second sub-s.

in s. 9,

the words "against this Ordinance ", "made under section 3 or mentioned in section 4", "of the same ".

in s. 10,

the words and figures "(1)", "any of" "by the convicting Magistrate Such compensation shall be payable".

in s. 11,

the words "who is" "against" after

" or ".

in s. 12,

the words "in a summary way".

Ordinance No. 1 of 1888:-

in s. 2,

the words "and paid into the Colonial Treasury".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 753

Ordinance No. 2 of 1888:--

in the short title,

the words" Preservation and ", and the brackets.

in s. 3,

the words "printed or lithographed after Three", "or lithographed" before "in the Colony", "after the commence- ment of this Ordinance ".

s. 4,

the whole.

in s. 5,

the words "hereinafter mentioned". in s. 6,

sub-8. (3).

s. 10.

the whole.

in s. 11,

the words or desirable", "and from

time to time to repeal, alter, or add to such rules", and the 2nd sub-s.

Ordinance No. 3 of 1888 :-

in s. 2,

the definition of "The City of Victoria" and in the definition of "Householder"

company or" twice, accordingly".

in the title to Part I,

the words "Census and ".

s. 4,

the whole.

in s. 5,

the words "and, when made, may alter, add to, repeal, or revive, any ", and from "and such" to the end.

in s. 7.

the 2nd sub-s.

in s. 9 (3),

the words "when necessary

in s. 13,

the words" before the Registrar General",

in the summons".

in s. 14,

the words "for the time being in force within the Colony ".

in s. 16,

the words "within the meaning of this Ordinance".

in s. 17,

the words "under this Ordinance".

in s. 20,

the words "and regulations".

in ss. 22 (1), 22 (2), 23 (1), 24 (1), 25,

27 (1) (a), (b) and (c),

the words from "or in such " to "the Gazette".

in s. 26,

the words "in his discretion ".

in s. 27 (3),

เ

the words at any time".

in s. 30,

the words "the proof whereof shall lie on the person alleging it) ", and the bracket before "without ".

754

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in ss. 37 and 44,

the words "by the person requiring the same ".

in ss. 47 and 48,

the words "(the proof whereof shall lie on him)".

in s. 55,

the words "in the Colony ".

Ordinance No. 5 of 1888 :--

s. 2,

the whole.

in s. 5 (2),

the words "When any such place has been set apart".

in s. 10 (1),

the words "under this Ordinance"

and in (3),

in s. 11,

the words "to do so".

the words "required by the last preceding section".

in s. 12,

the words "under this Ordinance ".

in s. 14,

the words "before himself or any other Magistrate".

in s. 15,

the words "within the Colony ".

in s. 18,

the words "at the Supreme Court ".

in s. 19,

the words "at the Supreme Court by a Magistrate under this Ordinance

or hereafter may ".

in s. 20,

the words "duly qualified ".

Ordinance No. 1 of 1889:-

in 8. 2.

now

the words "Emigration Officer" to "any foreign port".

in s. 14,

the words "in his discretion ".

in s. 15,

the words "or in the first to the end. in s. 16,

the words "of such master, mate, or other officer", "said ", "as the case may be", "in the place of the one so dis- missed and removed as aforesaid ".

in s. 21,

the words "for which such mails are carried".

in s. 22,

the words if he thinks", "applied for under this Ordinance

in s. 24,

the words "under this Ordinance", "the said ".

in s. 26,

the words "or any regulation made there- under".

in s. 27,

the words "Her heirs and successors".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 755

in s. 29,

the words from which fee" to the end.

in s. 30,

the words "unless sooner forfeited as herein before mentioned ".

in s. 34,

the word "once".

in s. 38,

the words for every offence" five times. in s. 39,

the words "mentioned in that section ". in s. 40,

the words "at a salary not exceeding two thousand dollars per annum

""" and such salary shall be in lieu of all fees ". in s. 42 (1),

the words "proper", "as provided ". and in (3),

from "and the Emigration" to the end. ss. 48 and 49,

the whole,

in s. 51,

the words provided by the owners or charterers of such ship".

in s. 58,

the word "or" before " Registrar". in s. 60,

sub-s. (2), and the figures (1)" and " (3) ".

in s. 62,

the words or by any by-law made there- under".

in ss. 67, 68, 73, 74 and 75,

the words "against this Ordinance "

in s. 71.

the words "to be inserted in the Gazette", and from "and every" to the end.

in ss. 72, 74, 75, 79, 83, 85, 92, 99 and 103, the words "to the Crown" wherever they

occur.

in s. 73,

the words "(the proof whereof shall lie on him)".

in s. 77,

the words "sitting together who shall form a Court for this

purpose".

in s. 78,

the proviso.

in s. 83,

the words "in his discretion ", " of this section", deemed to have committed an offence against this section, and shall be ". in s. 90 (1),

the words "coustable or

and in (2),

in s. 94,

the words "Her heirs and successors".

the words "if it thinks fit", "in its discretion".

in s. 103,

the words from "of the Colony" to the end. in s. 104,

the words "if the Governor thinks fit so to release the same".

756

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 105.

the words from "providing" to "of a ship".

in ss. 107 and 108,

the words from "and being" to the end. in s. 109,

the words sitting together".

in s. 110,

the words in its discretion in the 9th schedule, para. 13,

the words "always".

the 10th schedule,

the whole.

Ordinance No. 2 of 1889 :

in s. 2,

the words of the Supreme Court "judge, coroner", "now or hereafter "in the Colony", "Judge' means a judge of the Supreme Court

in s. 8,

the words "competent or

in s. 19,

the words from "entitled" to "Purposes", and from "entitled" to "Acts ".

in s. 23a,

the words whether before or after the passing of this Ordinance" twice, and the brackets, "of justice".

in (3),

the words "The expression".

in s. 24 (1).

the words "island, plantation" twice, "in foreign parts".

in (2),

in 8. 25.

the word "other".

the words from "being the " to " purport to be ".

in s. 26 (2),

the words "bare", "before the Court ".

in (3).

in s. 28,

the words from and shall be " to

to notify ".

the words "within the Colony", "hence- forth","of the Supreme Court'

in s. 29,

the words "in criminal proceedings "of the prisoner or accused person" after "trial", "of Her Majesty" twice, "crime or",

"to, made by ", was asked if he wished to cross-examine, and ", "or did actually cross-examine", from "and that such" to "such prosecution", "according to the law and practice of the said Court "and accustomed ".

in s. 31,

the words "of Her Majesty ".

in s. 32,

the words "prisoner or some regis- tered " "of Her Majesty ", "of the person so being ill", "affirmation, or declaration of such person so being ill".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

757

ss. 36 and 37.

the whole.

in s. 38 (1),

the words "Supreme", "any", "thereof",

each twice after

respectively.

in (2) and (3),

to the" to the" and "for the

the words "said", "any", "thereof " and in (3),

the words "depending in the said Court or before any Judge thereof ". in s. 39,

the words Supreme", "any", "there- of each twice after to the" and "for the "respectively.

in (2) and (3),

the words Supreme", "any", "thereof". and in (3),

the words "depending in the Supreme Court or before any Judge thereof". in s. 40,

the words "by the Governor", "under the Extradition Act, of 1870, section 24". in s. 46,

the words "in force within the Colony", "or may be ".

in s. 47,

the words "on the day or days of his said examination or examinations ".

in s. 48,

the words "in this Colony", "on con- viction thereof ".

in s. 49,

the words "if it or he thinks fit".

in s. 52 (1),

the words of the Supreme Court, in any case where he may see fit to do so. "any gaol or or place in the Colony",

in (2),

from "required" to "judicature ",

now".

in s. 53,

the words" of the Imperial Parliament ".

Ordinance No. 3 of 1889 :-

in 8.5,

the words "at any time or times here-

after", "so to be brought ".

in s. 7 (2),

the words "a", "thereof ".

Ordinance No. 4 of 1889 :-

in s. 3,

the word "or" before "by the officer ". in s. 5 (now 6),

the words "published in the Gazette", "or portions "to be defined by such

Proclamation", and from "and may" to the end.

Ordinance No. 5 of 1889:--

in s. 1,

the words "for China ".

758

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 2,

ཉྭ་

the words from "The Reverend" to "appointment of", "and his successors holding the said appointment, and ", "for the purposes of this Ordinance of Justice and before all Magistrates company" after "any corporation ". " by this Ordinance vested or that may here- after be", "in this Colony" after "such Director and from and such notice' to the end.

s. 3,

the whole.

in s. 4,

the words from "Reverend" to "appoint- ment of", "in Hongkong of the Berlin Ladies' Mission for China".

in s. 5.

the words from Her heirs" to the end. Ordinance No. 6 of 1889:-

in s. 2,

the words "and all works for the effectual and convenient carrying out of the same". in s. 3,

the words "and for the purposes ", "Re- gistry".

s. 4,

the whole.

s. 6,

the whole.

in s. 8,

the words "Registry", "Be it further enacted as follows:-As soon as practic- able after the commencement of this Or- dinance",

(save as pro- vided by sub-section (7) of this section"; and sub-ss. (7) and (8).

in s. 11.

Registry"

the words "From and ", "authorised by This Ordinance".

the schedule.

Ordinance No. 7 of 1889:-

in ss. 4 and 14,

the words "of the Supreme Court ".

in the first schedule.

in items 26, 27, 28, the words from "or

any Ordinance" to "toregoing list".

in items 27, 28, 29, the words " any indictable offence under ".

in the second schedule,

in forms 1, 6, 7, the words By Com- man (signed) Colonial Secretary".

Ordinance No. 8 of 1889:-

in the title,

the words "certain", "natives of or or- dinarily resident in this Colony", "exer- cising jurisdiction". Imperial", "in

Foreign Countries

in the short title,

the words" Acts", "of Criminals".

in s. 2,

the figures and word "1843 to 1878 ".

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

759

HONGKONG.

No. 63 OF 1911.

An Ordinance to amend the Law Amendment

Ordinance, 1911.

F. D. LUGARD,

Governor.

[29th December, 1911.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Law Short title. Amendment (No. 2) Ordinance, 1911.

Schedule of

2. The Schedule to this Ordinance shall be Addition to added to the Schedule of the Law Amendment Ordinance Ordinance, 1911.

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

No. 51 of 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

Schedule.

Ordinance No. 1 of 1868:--

in s. 2,

the whole shall be read as one paragraph, the figures "(1)" and "(2)" being omitted, and the word "who

after "or";

and in s. 3,

inserted

from "3. Every person

" to "any piracy and" shall be deleted, and there shall be substituted therefor "Provided that where", and before the words "shall be" there shall be inserted "such person and the above, together with so much as remains of section 3, shall be a proviso to section 2.

760

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 7.

for "any Reformatory"

there shall be read "a Reformatory",

and for "such offender

there shall be read "him".

in s. 8,

for "such orders"

there shall be read "regulations",

after the words "to be enforced

there shall be inserted "on summary conviction".

and for "the Governor-in-Council may deem "

there shall be read "may be deemed".

Ordinance No. 2 of 1868:-

in s. 5. (as amended by No. 1 of 1908),

after "regulations",

there shall be inserted "subject to the approval of the Governor-in-Council, and the paragraphs lettered (a) and (b), shall be numbered sub-sections (1) and (2) respectively.

and in s. 5 (2),

for "to the disallowance or the revision of" there shall be read "to disallowance or revision by ".

in s. 6 (3),

after the word "conferred"

there shall be inserted "by this Ordin- ance".

in s. 7.

after the word "disobedience"

there shall be inserted "recoverable on summary conviction ".

Ordinance No. 3 of 1868

in s. 3,

for "every person so offending "

there shall be read "he".

Ordinance No. 1 of 1869:-

throughout, the name of His Majesty King George the Fifth shall be substituted for the name of Her late Majesty Queen Victoria, and all other consequent changes in the language shall be made.

in s. 15,

instead of "for the time being by law permitted" there shall be read " per- mitted by law".

Ordinance No. 2 of 1869:-

in s. 2,

after the words

of Police

there shall be inserted "subject to the approval of the Governor'

in s. 3,

for in like manner

there shall be read "subject to the approval of the Governor ".

in s. 4

for "the signature of the Governor being

there shall be read bis signature".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 6,

for "inquired and determined by any Police"

there shall be read "triable by a ".

Ordinance No. 1 of 1870:-

in s. 2,

after "provided"

there shall be inserted "(hereinafter called 'members')"

and in all subsequent sections

for "member " or "members of the cor- poration

there shall be read "member "members", as the case may be.

in s. 3,

for "that it will"

there shall be read "that it shall ".

in s. 6,

after the words "of the corporation

there shall be inserted "(hereinafter called 'directors ")"

and in s. 6 (2) and in all subsequent sections (except s. 8), and in No. 1 of 1900 and No. 9 of 1904,

for "member" or "members of the said board" or "board of direction

similar words of like meaning

?? or other

there shall be read "director" or "di- rectors as the case may be.

Ordinance No. 1 of 1900:-

in s. 2,

for "17 of the said last mentioned Ordin-

ance

there shall be read "17 of Ordinance

No. 1 of 1870".

and for "such aforesaid provisions"

there shall be read "they".

in s. 3,

for "from aforesaid body" in the last sentence to "corporate may

there shall be read "Tung Wa Hos- pital which may ".

Ordinance No. 9 of 1904:--

in s. 2. "

for "to the several

there shall be read "to the said ".

in s. 7,

for "the common seal of the Tung Wa Hospital'

there shall be read "its common seal".

Ordinance No. 4 of 1870:-

in ss. 7 and 8,

for "petition under this Ordinance"

there shall be read "such petition ".

in s. 7,

for "

any Code"

there shall be read "the Code ".

Ordinance No. 5 of 1870 in the title,

for "for the use of the "

there shall be read "to".

701

762

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 1 of 1871 throughout,

for "public notary

there shall be read "notary public ".

in s. 2,

for "according to the provisions of the laws"

there shall be read "to practice in this Colony according to law".

in ss. 3 and 10,

for "to be approved by "

there shall be read "subject to the approval of ".

in ss. 17, 18 and 19,

for from Every candidate to "section 23"

there shall be read " Every such can- didate".

in s. 17,

for "such notice of his intention

there shall be read "notice of such his intention "

in s. 20,

for "solicitor

there shall be read or solicitor".

in s. 23,

for "hereinafter directed "

there shall be read "herein directed".

in s. 24,

after the word "God"

there shall be inserted "(these words are to be omitted in the case of a declaration or affirmation) ".

in s. 32,

for "which by

there shall be read "referred to in ".

in s. 35,

for "for the time being in force for

there shall be read "applicable to ".

in s. 38 (2),

for the amount payable under the ment does not

agree.

there shall be read "it does not ".

in s. 40 (2),

for of the Court, and such officer ".

there shall be read "who ".

in s. 45,

for the words from "of the Imperial " to "this Colony)"

there shall be read "mentioned in sec- tion 51",

in s. 51,

the words from "except from" to "of the section" shall be enclosed in brackets.

in s. 52.

for solicitor or proctor

there shall be read "or solicitor ".

Ordinance No. 1 of 1872:-

in s. 4,

after "

Magistrate

there shall be inserted "thereupon ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 763

in s. 5 (1),

after "as aforesaid

there shall be inserted must be pro- duced ".

Ordinance No. 1 of 1873:-

in s. 6,

after "regulations

there shall be inserted "which shall be laid on the table of the Council at the sitting next after their publication".

in s. 7,

for from the commencement to case may be

as the

there shall be read "Where any dan- gerous goods are moved, carried, landed, shipped, or transhipped, or are other- wise dealt with, or where any ship, vessel, lighter, or boat having on board any dangerous goods is moored, an- chored, or stopped, contrary to any regulations made under section 6, the owner of such dangerous goods, or the owner and master of such ship, vessel, lighter, or boat, as the case may be " and for "under the orders of the Harbour Master to cause such ship, vessel, lighter, or boat, or dangerous goods

;

there shall be read "under his orders to cause such dangerous goods, or such ship, vessel, lighter, or boat ".

in s. 9,

for or case containing such dangerous goods'

there shall be read "or package con- taining them",

and for "and with the addition "

there shall be read

and with the

further addition ".

in s. 12 (4),

for "and to forfeit "

there shall be read and also to forfeit".

in s. 14 (2),

for "said section

there shall be read last section ".

in s. 15,

forthe same shall'

there shall be read "they shall ".

in s. 16,

for "been certified'

there shall be read been tested and certified".

in s. 18 (1) and (2),

for and imposed by

there shall be read "in ",

and for "prosecuted and recovered sum- marily before

there shall be read "dealt with sum- marily by ".

and in (2),

instead of "Supreme Court'

there shall be read" Assizes".

764

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 2 of 1873:-

in s. 2.

after do any act which

there shall be inserted "the doing of which ".

Ordinance No. 3 of 1873:-

in s. 2,

for

heretofore established by law and " there shall be read "as".

in s. 5,

after "inhabitants "

there shall be added "and except so far as they have been modified by laws passed by the said Legislature".

in s. 9,

for one of Her Majesty's Principal Secretaries of State

there shall be read "a Secretary of State".

in s. 6,

for "Such portions of "

there shall be read "So much of", and for "exception as is

there shall be read "exceptions as are".

in ss. 7 and 8,

before in England"

there shall be inserted "or had ".

in s. 9.

for "one of Her Majesty's Principal Se- cretaries of State"

there shall be read "a Secretary of State"

in s. 10,

for "any appointment

there shall be read "such appoint- ment ".

in s. 13 (1),

after "by this Ordinance"

there shall be inserted "All acts which under any Ordinance are required to be or may lawfully be done by the Registrar, nay, unless it is otherwise. provided, be done by a Deputy Re- gistrar".

in 9. 18.

after "any officer" in the proviso

there shall be inserted a semi-colon instead of a comma.

in s. 21,

formay appoint

there shall be read " may by proclamna- tion appoint".

in s. 32,

for from "and all such" to "operation

operation"

there shall be read "shall be ".

Ordinance No. 4 of 1873:-

in s. 3,

for is hereby abolished

there shall be read "heretofore estab- lished is abolished, and its seal and all the records thereof shall be deposited for custody in the Supreme Court ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 15,

for as the Judge "

there shall be read "as he ".

in s. 20,

for "pending before" to "or defendant" there shall be read "if the Court is satisfied that any party

for "of such plaintiff or defendant

there shall be read "of such party" and for "for such plaintiff or defendant'

there shall be read on his behalf".

in s. 21,

for "jury be"

there shall be read "jury consisting of 3 persons be".

in s. 23.

for "judgments or orders "

there shall be read "a judgment or order ".

for "defendant" where the word first

occurs

there shall be read "party against whom it is made".

for "of the defendant, and the defend-

ant

there shall be read "and of the said party".

and for "by the personal "

there shall be read "by personal ".

in s. 24,

for from "vested in such to the end

there shall be read vested in him by any enactment relating to the recovery of rent".

in s. 28,

for

that an

there shall be read "that, notwith- standing the provisions of this Ordin- ance".

in s. 30,

for the last two preceding sections

there shall be read "sections 28 and 29 "

in s. 32,

for the two sub-sections

there shall be read "All questions relating to fees and costs shall be de- termined by the Registrar, subject to a review on summary application to the Court in Chambers; and the amount allowed on such taxation or review shall be recoverable as a judgment debt".

in s. 35,

for "previously examined and admit an

any there shall be read "or may admit ".

Ordinance No. 1 of 1874 :-

in s. 3,

for "which the Governor

there shall be read " which he ".

765

766

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 1 of 1875:-

in s. 3,

the figures" (1) " and " (2) " are deleted and the paragraphs so numbered shall be read as one sentence, in which for the word " sum' there shall be read "fine". and for "award against the offender im- prisonment there shall be read "order him to be imprisoned", and instead of "with" there shall be read "without hard labour, together with ";

the figure" (3) " is deleted, and for "if he thinks fit, bring the offender before. there shall be read "he may, if he thinks fit, refer the case to", and for and the Magistrate on proof of the offence may award against the offender imprison- ment there shall be read "who may deal with it as provided in the next section ".

in s. 6,

for from "for the time" to "provisions of " there shall be read "referred to in ".

Ordinance No. 2 of 1875 :-

in the note to the 1st schedule,

after the words "of these days

there shall be inserted "other than Good Friday".

Ordinance No. 4 of 1875:-

in s. 6.

for any other member of the Police force"

there shall be read any constable ".

Ordinance No. 7 of 1875:-

in s. 6 (2),

after three months'

there shall be inserted "referred to in section 10".

in s. 20 (3),

for "and the Registrar General

there shall be read "who ".

in s. 28,

for "minor

there shall be read "person".

Ordinance No. 1 of 1881:

in s. 2,

for extends to'

there shall be read "and Macao' in-

cludes ".

in section 5 (1),

for "within the territory of"

there shall be read "in ".

and in (5),

for "before any such Judge or other

competent Magistrate"

there shall be read "in Macao".

in s. 7 (1),

for "hereinafter contained, graut

there shall be read "allow".

and for "transmit "

1.9

there shall be read "shall transmit".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

767

in (2),

for "against an

there shall be read "the".

in (3).

for "that the appeal"

there shall be read "that it".

and for grant the same

there shall be read "allow it; in which case".

in (4),

for

grant

there shall be read "allow".

paragraphs (5) and (6) shall be re-numbered

(4) and (5) respectively.

and in (6) as re-numbered (5),

for every appeal under this Ordinance"

there shall be read "an appeal".

in s. 10.

for for the extradition of the fugitive "

there shall be read "for extradition".

in s. 11 "

for "pronounced by any of the Courts of"

there shall be read "in".

in s. 12,

for any fugitive

there shall be read "a fugitive".

and for extradition warrant "

there shall be read "extradition order".

in s. 13,

for proved to his satisfaction"

there shall be read "satisfied ".

in s. 14,

after "declare "

there shall be inserted the figure "(1)' and the words from "and from and" to the end are repealed, and in lieu thereof there shall be inserted "; or ", and

in s. 15,

the words and figures from "15. The Governor" to "declare" shall be deleted, and the remainder of the section shall be numbered "(2)" and be a second para- graph to section 14, and the words therein hereafter "as hereinbefore provided", and from "and from und" to the end, are repealed.

in s. 19.

for "declare that this Ordinance

there shall be read "declare that it ".

and for or shall be "

there shall be read "or is ".

in Form 5 of the Schedule,

for "to graut" and be grantel"

there shall be read "to allow" and "be allowed ".

Ordinance No. 1 of 1883: --

in s. 12,

for "Judge, Registrar"

there shall be read "Judge or Re- gistrar ".

768

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 13 (2),

instead of the sentence beginning "A Deputy Registrar

there shall be read A Deputy Re- gistrar may however refer any applica- tien to the Registrar

Ordinance No. 2 of 1883:-

in s. 5 (1) (now 3 (1) ),

for "plans which have"

there shall be read "plan which has ". in s. 5 (now 3) proviso,

for deposited plan" to the end

there shall be read "plan thereof de- posited by the Company in the Public Works Office, so long as they are within the limits of deviation shewn on the said plan".

in s. 21 (now 7),

for "and has left with such notice

there shall be read "together with ". for "as the Surveyor General"

there shall be read "as he ".

in s. 24 (now 8),

for any tramway or work

there shall be read "the tramway or any work

in s. 25 (now 9),

for "None of the said tramways shall be " there shall be read "The tramway shall not be ".

in s. 33 (1) (now 10).

for "shall not be "

there shall be read not being ".

for "unless the same are

there shall be read "unless the tram- way is ".

in (2),

for "such cost to be"

there shall be read "which shall be ".

and for "whose "

there shall be read "and the ",

in (3),

for "of the tramway or part of the tramway

there shall be read "so".

in section 34 (now 11),

for

and if the Governor-in-Council is of

opinion

there shall be read and if it appears

for "unless the same are

there shall be read "unless the tram- way is ".

in section 35 (now 12),

for "of a period of twenty one years there shall be read "of 28 years".

for "petition to the Court'

there shall be read "petition to the Supreme Court".

in s. 39 (now 15),

for "on any of the tramways

there shall be read "by the company

and for "determined to be"

there shall be read "reported to be ".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 42 (1) (a) (now 16 (1) (") ).

after "engines

there shall be inserted "or used in any other way

in (e),

for "as the Governor-in-Council may deem

there shall be read "as may be deemed".

and sub-section (3) shall read as fol- lows:-

Regulations made by the Governor- in-Council and by-laws made by the company shall come into force one month after their publication in the Gazette".

in s. 45 (1) (now 18),

for "sell, assign"

there shall be read "sell or assign in (2),

for sale, assignment

there shall be read "sale or assign- ment"

for sold, assigned" three times

there shall be read "sold or assigned".

in 8. 49 (now part of 21),

for "on, or, if"

there shall be read

on. If", and the

words to be paid " are repealed.

for to the Court"

there shall be read "to the Supreme Court".

in s. 52 (now 23).

sub-s. (1) shall run as follows :---

The company may demand and take the tolls specified in the schedule, which shall be paid to such persons, and at such places, and in such manner as the company may, by notice annexed to the list of tolls, appoint."

in s. 54 (now 24),

for "that such other passenger

there shall be read that he

in s. 61 (3) (now 27 (3)),

for "such carriage

there shall be read any carriage".

in s. 63 (now 30),

for "any goods which may be of a dan- gerous nature

་་

there shall be read any dangerous goods as defined by Ordinance No. 1 of 1873".

for the package"

there shall be read "the vessel or package".

for "and it shall

there shall be read "It shall further ". for "goods of a dangerous nature, or

there shall be read "any such dan- gerous goods, or ".

in s. 126 (now 31),

for "transmitted through the" twice

there shall be read "sent by ".

769

770

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER, 29, 1911.

in s. 128 (now 33).

for where such

there shall be read "wherein such ".

in s. 129 (now 34)

for penalty or forfeiture "

there shall be read "or penalty and for summary proceedings

there shall be read "summarily

in the 2nd schedule,

item 3 (1) for "if such passenger

there shall be reai "as"

' and in items (2) and (3) for "if a"

there shall be read as a ".

Ordinance No. 1 of 1884:-

in s. 2.

for registered under this Ordinance

there simil be read "person registered"" and for "registration "

there shall be read "a person re- gistered ".

in s. 5.

for "as it stands"

there shall be read "as it then stands "

for "from such copy

there shall be read "therefrom ".

in s. 6 (1),

for "may write "

there shall be read "may send ".

in s. 10 (1),

for accept the appointment

there shall be read "serve'

in (2) for "aud no longer, unless "

there shall be read "and may be

and for by the Governor, and may be"

there shall be read "or".

in s. 11,

after "Provided "

there shall be inserted "always"

and for or snch'

there shall be read or that such ".

in s. 13 (1),

for from lact that such" to "consider the suite

there shall be read "facts and qualifica- tions therein referred to shall be sub- mitted to and forthwith considered by the Medical Board".

and in (4),

for "Governor-in-Council

there shall be read "Governor-in- Council, who ".

in s. 14,

for practitioner registered under this Ordinance'

there shall be read "registered prac- titioner "

in s. 18,

after

be decided

there shall be inserted by the Medical Board".

in s. 19,

for "under this Ordinance

there shall be read "practitioners".

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

771

Ordinance No. 1 of 1885:-

in s. 3,

for "for its"

there shall be read "as to ".

in s. 4,

for "the Official Administrator, the Official Administrator"

there shall be read "him, he ".

in s. 5,

for "known to the Official Administrator there shall be read "known to him ".

in s. 7 (2),

เ

for as the Court"

there shall be read "as it ".

in s. 8,

for his summary

there shall be read "a"

શ

for "verifies his claim by evidence"

there shall be read "proves his claim".

in s. 9,

for Colonial Revenue

there shall be read "general revenue ".

Ordinance No. 2 of 1885:-

in s. 2 (4),

for "deposited with a Police Magistrate "

there shall be read "so deposited ".

in s. 3,

for "to such copy or model for the pur-

pose of making such comparison

there shall be read "thereto ".

in s. 7,

for "the using of "

there shall be read "using

for "and the weight'

ཧཿ༡

there shall be read "and, further, the weight".

in s. 8,

for ** (1) No person

وو

there shall be read "If any person

for "machine"

there shall be read "machine, he shall be liable".

and in (2),

before"500"

there shall be inserted "not exceeding in the schedule,

the words "Table of Weights and Measures are repealed, and the words "Table of" are inserted before "English"; for "Length" and "Capacity" there shall be read "Measures of Length and "Measures of Capacity" respectively; the paragraph beginning "The contents of" shall be transposed and printed after the list of "Measures of Capacity" the words "weights; viz.:" are repealed; for "Length" where it secondly occurs, there shall be read "Measures of Length' and the word "General" is inserted before the paragraph beginning "Measures of length, if".

772

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 3 of 1885:-

Before the title "Preliminary"

there shall be inserted "Part I" and Parts I, II, III, and IV shall be re- numbered Parts II, III, IV, and V respectively.

in s. 18,

the section from the commencement to by non-payment" shall form the first sub-s., and be numbered (1), and for the numbers" (1)" "(2)" there shall be inserted "a" "b" respectively

The number "(3)" shall be deleted, and the paragraph beginning "when a bill", shall form the second sub-s. and be numbered "(2) ".

in s. 82.

the figure (1)" shall be inserted at the commencement of the section.

Ordinance No. 4 of 1885:-

in s. 2.

for as the corporation may see fit

there shall be read "as it may see fit".

Ordinance No. 6 of 1885:---

in s. 4,

for "the person so offending

there shall be read "him"

for from" in case

to name and there shall be read "if he refuses, or if he gives a false name or ".

in s. 5 (1),

for as may from time to time be de- termined by the Governor "

there shall be read "as he may de- termine "

and in (2),

for "the Governor may

there shall be read he may ".

Ordinance No. 1 of 1886:--

in s. 1.

the short title shall be "The Apportion-

ment of Rent Ordinance, 1886 "

Ordinance No. 4 of 1886:-

in s. 2,

in the definition of

newspaper" before

"distributed" there shall be inserted

"dispersed or ".

in §. 3.

for the provisions hereinafter contained, that is to say "

there shall be read "the following provisions".

in s. 12,

for "to distribute or publish'

there shall be read " in distributing or publishing".

in s. 20,

for from "copy of" to "of the Court" before "shall be received "

there shall be read "such certified copy",

}

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

773

in s. 21,

for

shall be liable"

there shall be read "he shall be liable ".

in e. 23,

for "All penalties"

there shall be read "All fines and penalties".

in s. 24,

for "penalty" twice

there shall be read "fine or penalty".

Ordinance No. 5 of 1886 :-

in s. 3,

for from "the Supreme" to "the Colony"

there shall "any Court".

in s. 5,

for "said Act"

there shall be read "Act, 17 and 18 Victoria, chapter 90".

Ordinance No. 7 of 1886 :-

in s. 15.

for "or to a Judge thereof in Chambers, and such Court or Judge

there shall be read "or Judge who may".

Odinance No. 9 of 1886 :-

in s. 2.

for from "said Missions" to "appointment and "

there shall be read "Dominican Missions (also known in this Colony as the Spa- nish Missions in China and Tonkin)". in s. 4,

for "the appointment of Procurator

there shall be read "the said Pro- curator".

for from "the said Very" to the end

there shall be read "him".

Ordinance No. 10 of 1886 :-

in s. 2,

for "for the preservation of the peace

there shall be read "therefor ".

in s. 6,

for "government notification

there shall be read "notification of the Governor".

in ss. 7, 8, 9, 10, 11, and 12,

(

for "any" or a proclamation under this Ordinance"

there shall be read "any such procla- mation" or "such proclamation".

in s. 13 (2),

for "and shall be liable "

there shall be read "and further, shall be liable"

in (3),

for "one of Her Majesty's Principal Secretaries

there shall be read "a Secretary".

in (4),

for "Her Majesty's Principal"

there shall be read "the "

774

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.**

and in (5),

after "Banishment

there shall be inserted "of undesirable Aliens".

Ordinance No. 11 of 1886 :-

in s. 3 (1),

for "of the ship on board of which the same may be brought'

there shall be read "thereof ".

in (2),

for "such spirituous or fermented liquor

there shall be read "it".

and in (4),

for from" for the purpose

to the end

there shall be read "to be dealt with

according to law".

Ordinance No. 13 of 1886 :---

in the title,

for "Commissions

there shall be read "Commissioners ".

in s. 2,

for "seal of the, Colony

there shall be read "public seal".

in s. 3,

for "on the occasion of "

there shall be read "in the course of".

Ordinance No. 1 of 1887 :

in s. 2,

in lieu of the definitions of "Newspaper" and "Proprietor "

there shall be read the following:-

66.6

Newspaper' and 'Proprietor' have the same meanings respectively as those words have in the Printers and Publishers Ordinance, 1886; and 'newspaper' includes any other periodical publication."

and the following definition is added to the section after the above definition :-

in s. 11,

"Report of the Legislative Council' includes any report, paper, vote, or other proceeding of the Council."

for any Judge of the same

there shall be read "a Judge ".

for "Clerk of such Council "

there shall be read "Clerk of the Councils".

in s. 16,

for the Magistrate if he'

there shall be read "if the Magistrate".

and for "charged, may

there shall be read "charged, he

in s. 17,

for "of a charge"

may"

there shall be read "of such a charge ".

for "the Magistrate shall"

there shall he read "he shall".

in s. 19,

for "at Chambers

there shall be read "in Chambers ".

in s. 20 (2),

for "In a

there shall be read "In such

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 4 of 1887 :

in s. 4 (1),

for "quire the Magistrate".

there shall be read "require him". fr" and the warrant"

there shall be read "which".

and in (2),

for "the Magistrate"

there shall be read "a Magistrate who". for "make out"

there shall be read "issue".

in s. 6,

for "Magistrate"

there shall be read "or Magistrate ". for "make any reasonable excuse

there shall be read "shew good cause

in s. 8,

for "person whose licence is forfeited or revoked "

there shall be read "convict ".

for "his term of imprisonment with hard labour"

there shall be read "the term ".

in s. 9 (2),

775

after "it appears

there shall be inserted the word "to" and for "the convict" after" means

there shall be read "be".

in s. 10 (2),

for from if the Council" to the end

there shall be read or if there is no meeting of the Council within that period, then at the next meeting of the Council".

in s. 11 (1),

for officer of police "

there shall be read "Inspector or Ser- geant on duty"

in (2),

for "police officer'

there shall be read "officer in charge ".

in (3),

for

the said Officer"

there shall be read that officer ".

and in (4),

for it shall be lawful for the Court or

Magistrate to sentence him "

there shall be read "he shall be liable for "but the remainder unexpired thereof is a lesser period"

there shall be read "and the remainder is less

for "

to sentence him

there shall be read "he shall be liable' and the words "to commence at the expiration of the said term shall be inserted between brackets

for "for such a term

there shall be read "for such period' for "his said term of imprisonment with hard labour"

there shall be read "the said term ".

776

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

in s. 12,

for "enactments shall be

there shall be read "provisions are

in (1), after

Governor

Governor" instead of a semi-colon there shall be inserted a comina

for" (3) "

there shall be inserted "

for "contain such "

(2) "

there shall be read "with such "

for "(4)"

there shall be inserted "(3)"

for "all prisoners"

there shall be read "all prisoners in the Gaol"

for "prescilbe"

there shall be read "prescribing"

for "to be taken

for

there shall be read "to be photogra- phed "

to be sent

there shall be read to be sent. Such" for "of that prison

there shall be read "of the prison"

after relating to prison

there shall be inserted "and"

for "any regulation "

there shall be read "any such regula- tion".

Ordinance No. 6 of 1887 :-

in s. 3,

after "within the Colony"

there shall be inserted "and is not ignorant of the English language".

in s. 4,

for "persons hereafter mentioned"

there shall be read "following persons" paragraph (5) shall be read as follows:

"registered medical practitioners and surgeons, and dentists

in paragraph (9), at the end

there shall be inserted "and".

in s. 5,

after "qualified" where it first occurs,

there shall be inserted "or liable ".

in s. 6,

for from "Every person" to "in writing" there shall be read "Every person who refuses or neglects to forward to the Registrar in writing on demand by him, or by some person duly authorised by

him'

for from "under penalty" to the end,

there shall be read shall, on summary conviction, be liable to a fine not exceed ing 100 dollars ".

in s. 7 (1),

for "a list in alphabetical order"

there shall be read "an alphabetical list".

in (2),

for Clerk of the Legislative Council" there shall be read "Clerk

Clerk of the Councils ".

•

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 777

in (3),

for "The Council"

there shall be read The Legislative Council"

and for "contained in the list, and such names shall

there shall be read "to".

in s. 9,

for; and such boxes "

there shall be read "which"

in s. 10,

for to re-open

there shall be read "shall reopen ".

in s. 12,

for

a rule or order

there shall be read "an order".

in s. 13,

after "all persons

there shall be inserted "which may be drawn "

for from "The Common" to "may re- quire"

there shall be read "the ballot boxes in s. 14,

for from "requiring the "to "such sum-

mons

there shall be read "which

for " person so summoned

there shall be read "persons drawn". in ss. 16 and following, wherever they occur

for "prisoner or accused person

there shall be read "person accused". in s. 16,

for "on the application of any" after "or". "

there shall be read "of the "

for "any case

there shall be read "the case and".

in s. 18 (1),

for "with any

there shall be read "with the

the words from "retirement of" to "of

the Court" shall be put within brackets. for "the Court may adjourn'

there shall be read "if the Court adjourns

for from "before the case to directs"

there shall be read during the hear- ing of the case (either during the sitting or at the end of a day's sitting) the Judge may either allow the jury to disperse, or may direct that they ".

in s. 19,

for for the trial"

there shall be read "for such trial" for or to order"

there shall be read "but it may

in s. 21,

order".

for from "In the event to "consult- ation "

there shall be read "In the event of any of the jurors, after reasonable con- sultation, dissenting from the residue ";

778

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911:

for "held and deemed to all intents and

purposes

there shall be read "taken " ;

for "consisting of" twice

there shall be read "composed of"; for visited by the law with capital punishment, then and in such cas

there shall be read "punisha death".

in s. 22.

for "cousisting of "

with

there shall be read "composed of ".

in s. 29,

for set upon the person so making de- fault such

there shall be read "impose upon Lim a ".

in s. 31,

for "a rule or order "

there shall be read "an order

for" and the Court'

there shall be read "and the Court may".

in s. 32,

for six. Subject as aforesaid

there shall be read 6, and ".

in s. 33,

after "tried "

there shall be inserted "like an ordinary

issue in the Court"

for "special jury" at the end,

there shall be read "special jury as of right".

Ordinance No. 8 of 1887 :-

in s. 2,

for for the carriage "

there shall be read "for the con- veyance".

in s. 7,

for "shall be issued

there shall be read "shall be granted

and issued, at their discretion

and for " (3) "

there shall be read " (2) ".

in s. 9 (4),

for any hirer of a "

there shall be read the hirer of any

in s. 10,

for "sub-sections"

there shall be read "paragraphs

for "and (6)"

there shall be read "or (6)"

for required

there shall be read "ordered ".

in s. 13.

there shall be inserted "(1) "before " any licence".

s. 14 shall be read as a second paragraph to s. 13, and the figure "(2)" inserted before it in lieu of "14",

for "it shall"

there shall be read "In the case of a Chinese undertaker, it shall further",

įę

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

for "Governor with the advice and e sent of the Executive Council

there shall be read "Governor-in- Council":

for cancel the "

there shall be read "cancel his ";

an the words "of any Chinese undertaker W h has been or may hereafter be issued "on the part of the licensee' together with section. 15 are repealed.

Ordinance No. 1 of 1888:

in s. 2 (1),

after the Governor "

}

there shall be inserted "except as pro- vided by Ordinance No. 1 of 1844".

Ordinance No. 2 of 1888:--

in s. 3 (1),

for from "or lithographed at such" the end

there shall be read "to the officer men- tionel in section 6, who shall give a receipt for the same ".

in s. 6 (2),

for shall (so far as may be practicable)" there shall be read "shall be made as soon as possible after the delivery of the copies thereof, and shall, so far as practicable"

item (7) shall read as follows:-

"() the manner in which the book is produced ".

in s. 7.

for "registered during each quarter in the said catalogne

there shall be read

so registered"

for "such quarter, and a copy of the me- moranda so published'

there shall be read "each quarter, and a copy thereof ".

in s. 8.

for from "who neglects" to the end

there shall be read " and "

and section 9 shall cease to be a separate section, and shall read as follows after the said word "and":

"every publisher or other person em- ploying any printer, who neglects to comply with the provisions of this Ordinance, shall be liable, on summary conviction, to a fine not exceeding 25 dollars".

in s. 11,

for with the advice of the Executive Council"

there shall be read "in Council"

for "Grainance

there shall be read "Cr finance, and " and section 12 shall cease to be a separate section and shall be read as follows after the said word" and ":-

"may, by notification in the Gazette, ex- clude any class of books from the opera- tion of the whole or any part thereof".

779

780

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Ordinance No. 3 of 1888:-

s. 3, shall be read as follows:-

"The registration office at present exist- ing shall be continued, and the Registrar General and officers and assistants of the said office shall discharge the duties thereof".

in s. 5,

เ

for or any

forms

there shall be read "and may prescribe forms to be used".

in s. 7,

after "registration" twice

there shall be inserted "of house- holders".

in s. 8,

for of the said districts

there shall be read "district".

in s. 12,

for "has not his "

there shall be read "has no ".

in s. 18.

after "and have'

there shall be inserted within his district".

iu s. 19.

after "and shall"

there shall be inserted "within his district".

in s. 30 (1),

for "order to be published in the Gazette"

there shall be read notification"

and for "order" twice

there shall be read "notification".

in s. 3! (1),

for "order to be publishe! in the Gazette"

there shall be read "notification

for "to be specified in such order

there shall be read "thervin specified". in (2),

for "order"

there shall be read "notification ". in (3),

for the Inspector or other officer'

there shall be read any officer of police".

in s. 52,

for commanded"

there shall be read "required to be done".

in s. 54.

for from "under this Ordinance" to the end

there shall be read "under, and ex- penses incurred in enforcing, this Ordinance, may be recovered in a sum- mary way before a Magistrates".

in the 1st schedule,

item 2: for "ownership

there shall be read "householder ".

Ordinance No. 5 of 1888:-

in s. 4.

after "direct"

there shall be inserted (hereinafter called the Magistrate')"

เ

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

for and the Magistrates"

there shall be read "who".

in s. 10 (3),

for "in a summary way before a Ma- gistrate

there shall be read "summarily".

in s. 14,

for "without further'

there shall be read

further ".

in s. 18,

for "by any

"without any

there shall be read by the ".

in s. 19,

for "is committed"

there shall be read "is so committed ".

Ordinance No. 1 of 1889:

in s. 2.

for "in relating to"

there shall be read "in relation to".

in s. 15 (1),

after"in the 1st

there shall be inserted or 2nd"

and in (2),

after "or inspected"

there shall be inserted "under this Or- dinance or under the Act".

in s, 16,

for the dismissal "

there shall be read "his dismissal".

in s. 17,

for "a master mate, or other officer, to be'

there shall be read another officer".

in s. 21,

for "the State"

there shall be read "any foreign State".

in s. 22.

for "of any.

there shall be read "of any such ".

in s. 23.

for "A special licence granted under this Ordinance

there shall be read "Such special li- cence".

in s. 29.

before the word "a fee"

there shall be inserted "before it is issued".

in s. 30.

before the word "continue"

there shall be inserted "unless forfeited"

and for "such licence is "

there shall be read "it is '.

in s. 38,

for from "and on summary" to "specified" there shall be read "and the following penalties shall be imposed for every offence".

in s. 41,

for "within the meaning of section 48

there shall be read "so declared under the Act".

781

782

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911..

in s. 47.

for "all ships"

there shall be read "All Chinese pas- senger ships"

and after "voyages of "

there shall be inserted more than 7 and "

in s. 51.

after "shall reside

there shall be inserted "in such depôt ".

in s. 54,

for between the months of April and September "

there shall be read from April to September ".

in s. 60,

for "emigrants

there shall be read emigrants; and ". for "by-law made under this section".

there shall be read "such by-law "

in s. 61,

for "of such boarding house

there shall be read "thereof ".

in s. 62,

and for (6 a term

there shall be read "

in s. 79,

for

Court of "

any term ".

there shall be read "two".

in s. 83,

for and the ship"

there shall be read "further, the ship".

in s. 104,

for "or may

there shall be read or he may, if he thinks fit".

in s. 106,

for "83 and 84"

there shall be read "83 or 84".

Ordinance No. 2 of 1889:--

in s. 17,

for "statute or ordinance in force in the

Colony'

there shall be read " enactment".

in s. 18,

for "statute or ordinance now or hereafter

to be in force in the Colony

there shall be read "enactment

for "respective statutes or ordinances

made or hereafter to be made

there shall be read "enactment".

in s. 23,

for proved in the Court

there shall be read proved in the

Courts of this Colony ".

in s. 23a (2),

for a period "

there shall be read "any term

and in (4),

for "the Governor may by Order in

Council"

there shall be read "The Governor-in- Council may by order".

貳

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

783

in s. 24 (1),

for "consuls or vice-consuls in any

foreign parts

there shall be read "Consular officers in any place'

and in (2),

for "consul or vice-consul"

there shall be read "or consular officer" for from "such answer" to the end

there shall be read "such document as aforesaid ".

in s. 25,

for from "Consul General" to "Agent

there shall be read "or consular officer". in s. 26 (3),

for "by the production of such Gazette there shall be read "by its production sub-s. 5 shall be numbered sub-s. 5 (a) and sub-s. 6 shall be numbered sub-s. 5 (b) and the words "shall prima facie shall commence a new paragraph.

in s. 27,

for "evidence in the Court"

there shall be read "evidence in the Courts of this Colony".

in s. 29,

for "prisoner or accused person" through-

out

there shall be read "person accused"

for "domiciled"

there shall be read "resident

after "if it also appears

there shall be inserted "from the certi- ficate of the Magistrate or other officer hereinafter mentioned"

for "given to such person

there shall be read "given to him"

for "examination of such person

there shall be read "evidence so taken"

for "the person examined"

there shall be read "him"

for "examination so taken as aforesaid

there shall be read "evidence

after the word "manner" at the end

there shall be inserted "shall be read and received in evidence".

in s. 30,

for from "If the Attorney General" to "section aforesaid "

there shall be read "The production from the custody of the proper officer of the certificate referred to in section 29 shall be sufficient proof of the signature of such Magistrate or other officer aforesaid ".

in s. 32,

for "the person so being ill"

there shall be read "such person

for "take an examination "

there shall be read "take his examina- tion "

for "writing the statement

there shall be read "writing his state-

ment

784

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. ~·

for "prisoner or accused person" twice

there shall be read "person accused ".

in s. 33,

for from "funds applicable" to the end

there shall be read "Treasury".

in s. 39,

after "commercial "

there shall be inserted "or criminal ".

in s. 40,

for "commercial matter, or a

there shall be read "commercial or ". in s. 48,

for "as is mentioned or referred to in "

there shall be read "within the mean- ing of".

in s. 49,

for "Criminal Session of the Supreme Court"

there shall be read" Assize ".

in s. 52 (2),

for "The person "

there shall be read "Such prisoner or

person

Ordinance No. 3 of 1889:----

in s. 1,

the short title shall be "The Fatal Acci- dents Ordinance, 1889".

Ordinance No. 4 of 1889 :-

in s. 4 of Ordinance No. 17 of 1909,

for which anchors"

there shall be read" which so anchors"

and in s. 5 of the same Ordinance,

for "For the purpose of this Ordinance"

there shall be read "In this section".

Ordinance No. 5 of 1889:-

in s. 4,

for "with the seal of the said Corporation" there shall be read "with such seal " for "Director"

there shall be read "said Director

for from the said Reverend" to "said

attorney and "

there shall be read "him or his attor- ney and"

for "of such deeds documents and other instruments

there shall be read "thereof".

Ordinance No. 7 of 1889:--

in s. 12,

for "and the Governor-in-Council'

there shall be read "who".

وو

)

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

785

HONGKONG.

No. 64 OF 1911.

An Ordinance to further amend the Foreign

Offenders Detention Ordinance, 1872.

F. D. LUGARD,

Governor.

[29th December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Foreign Offend- Short title. ers (No. 3) Amendment Ordinance, 1911.

No. 1 of 1872 as amended

2. The Foreign Offenders Detention Ordinance, 1872, Amends as amended by the Foreign Offenders Detention Amend- Ordinance ment Ordinance, 1911, the Foreign Offenders (No. 2) Amendment Ordinance, 1911, and section 14 of the General Revision Ordinance, 1911, is hereby further amended :-

by Ordin- ances Nos. 23, 43 and 49 of

(a.) in the preamble thereof by the deletion of the 1911.

words" resorting to China".

(6.) in the preamble thereof by the deletion of the words "there are frequently brought within this Colony" and by the substitution therefor of the words "outside the Colony are frequently brought within this Colony in the custody of officers of their respective Governments". (c.) in section 3 thereof by the deletion of the words "in China" and by the substitution therefor of the words "outside the Colony ".

(d.) in section 3 thereof by the insertion of the words "in the custody of an officer of such Government" after the word "brought ".

(e.) in sub-section (3) of section 5 thereof by the

deletion of the words "in China ".

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 29th

day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

•

786

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.--

HONGKONG.

No. 65 of 1911.

An Ordinance to provide for the issue by the Mercantile Bank of India Limited of Bills and Notes payable to Bearer on Demand.

F. D. LUGARD,

Governor.

Short title.

Definitions.

Power for

[29th December, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Mercantile Bank Note Issue Ordinance, 1911.

2. In this Ordinance :-

Company means the Mercantile Bank of India Li- mited whose chief office is at Threadneedle Street, London, England.

"Current coin" means coin which for the time being is lawfully current in the Colony.

"Notes" means bills and notes payable to bearer on demand in current coin.

་

3.-(1.) Subject to the provisions of this Ordinance, Company to it shall be lawful for the Company to make, issue, reissue

and circulate notes in the Colony.

make and

issue bills

and notes

and condi-

(2.) Such notes shall not be issued for any other sum tions of such than the sum of five dollars, or some multiple of such sum.

issue.

(3.) Except as specified in section 6 the total amount of such notes actually in circulation shall not at any time exceed the amount of the capital of the Company actually paid up.

If the Company issues notes in excess of the amount authorised by the provisions of this Ordinance, it and the manager of its office in the Colony shall each be liable on summary conviction to a fine not exceeding fifty dollars a day for every day during which such excess of any sum not exceeding ten thousand dollars shall continue and to a further fine not exceeding fifty dollars a day for every day during which such excess shall continue for every complete additional sum of ten thousand dollars in notes so issued in excess.

(4.) Such part of the books of the Company as may con- tain any entry relating to the notes issued or to be issued by the Company or relating to the amount of such notes in circulation from time to time, or any account, minute or memorandum, in the possession of the Company or of any person in its employ, the sight or inspection whereof may tend to insure the rendering or taking of true accounts for any period of the average amount of such notes in circula- tion or to test the truth of any such account, shall be open for the inspection and examination at all reasonable times of any person authorised in that behalf in writing signed by the Colonial Treasurer.

Every such authorised person shall be at liberty to take copies or extracts from any such book, account, minute or memorandum.

787

جر

--THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

If the Company or any person in its employ keeping any such book, account, minute or memorandum or having the custody or possession thereof or power to produce the same shall on demand made by any such authorised person shew- ing if demanded his authority on that behalf, refuse to produce any such book, account, minute or memorandum to him for his inspection and examination or to permit him to inspect and examine the same or to take copies thereof or extracts therefrom the Company and such person in its employ shall each be liable on summary conviction to a fine not exceeding five hundred dollars.

Provided that the Colonial Treasurer shall not exercise or cause to be exercised the powers aforesaid without the consent of the Governor.

(5.) Such notes shall not be legal tender but shall be redeemable at the office of the Company in the Colony in current coin which is for the time being unlimited legal tender in the Colony.

both at option of

4. The Company shall deposit and at all times keep Deposit of deposited with the Crown Agents securities to be approved securities or by the Secretary of State to an amount equal in value to of coin or of the face value of the notes in circulation with the addition of five per centum of such value; or at its option the Company as Company shall deposit and at all times keep deposited funds exclu- with the Colonial Treasurer coin which is for the time sively availa

ble for re-

being unlimited legal tender in the Colony to an amount demption of equal to the face value of the notes in circulation; or note issue at its like option the Company shall deposit and at all and in the times keep deposited securities, so approved as aforesaid, event of in- with the Crown Agents and coin, which is for the time solvency. being unlimited legal tender in the Colony, with the Colonial Treasurer in which case the amount of such securities shall be equal in value to the difference between the amount of the coin deposited and the face value of the notes in circulation with the addition of five per centum. Such securities and such coin shall be under the control of the Colonial Treasurer and shall be held by the Crown Agents and the Colonial Treasurer respectively as special funds exclusively available for the redemption of such issue of notes, and in the event of the Company becoming insol- vent shall be sold and applied toward such redemption as far as may be necessary but without prejudice to the rights of the holders of such notes to rank with other creditors of the Company against the assets of the Company.

If the produce of the sale of such securities should not equal the face value of the notes outstanding, the difference shall rank pari passu with other simple contract debts on the assets of the Company. If, on the contrary, such securities realise more than the face value of such outstand- ing notes, the difference shall be paid over to the Company.

Monthly publication in Gazette of outstanding notes and

5.-(1.) There shall be published in the Gazette every mouth, a statement (to be rendered by the Company on the first working day of each month) of the face value of the notes outstanding, and of the securities and coin held against these notes. The statement shall show the nominal securities. value of such securities, the price at which they were valued on deposit and also the atest market price of such securi-

ties.

(2.) If for two consecutive months the said market price plus the value of the coin (if any) deposited with the Colo- nial Treasurer should indicate a selling value less than the amount required by section 4, the Colonial Treasurer shall demand that all notes returned to the Company shall be retained and not reissued until the amount so required is reached, or at his option the Colonial Treasurer shall demand the deposit of additional unlimited legal tender coin or securities sufficient to raise the selling value of the securi- ties plus the value of the coin (if any) already deposited to the amount so required ; and the Company shall comply with such demand. If, however, for three consecutive months the said market price indicates a continued and constant increase on their selling value, the Governor-in-Council may allow the securities to be reduced provided the selling value of such securities plus the value of the coin (if any) deposited is never allowed to fall below the amount required by section 4.

788

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Power of Governor-

authorise

6. When in the opinion of the Governor-in-Council & temporary emergency exists, he may permit the Company in-Council to to issue notes in excess of the paid up capital of the Company, provided there has been specially deposited and is kept in the custody of the Colonial Secretary and the Colonial Treasurer for the time being an amount of legal tender dollars equal to the whole face value of such excess issue for the time being actually in circulation, to be held by the said Colonial Secretary and Colonial Treasurer exclusively for the redemption of such notes.

excess note issue in temporary emergency.

Issue and reissue of

notes limited

to 10 years from date of Ordinance.

Saving as to existing and future laws restricting note issue.

7. The powers granted by this Ordinance to the Company to make, issue, reissue and circulate notes shall be limited for a period of ten years from the date of coming into force of this Ordinance; after the lapse of such period the Com- pany shall cease to issue or reissue notes but shall redeem any notes which it has previously issued or reissued.

Provided however that if the Company shall fail to comply with the demand of the Colonial Treasurer referred to in section 5 (2) hereof or shall fail to comply with any of the other provisions of this Ordinance the power of the Company to make, issue, reissue and circulate notes shall immediately cease.

8. Nothing contained in this Ordinance shall exempt the Company from the operation of any existing or future law restricting or regulating the issue of notes in the Colony.

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 29th day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

APPOINTMENTS, &C.

　　　No. 406.-His Excellency the Governor has been pleased to appoint Mr. EDWARD ALEXANDER IRVING to act as Chairman of the Board of EDWIN RICHARD HALLIFAX to act as Chairman of the sory Committee during the absence on leave of the BREWIN, C.M.G., or until further notice.

28th December. 1911.

Examiners and the Honourable Mr. ongkong Technical Institute Advi- Honourable Mr. ARTHUR WINBOLT

No. 407. His Excellency the Governor has been pleased, under instructions from the Secretary of State for the Colonies, to appoint Mr. WILLIAM RUSSELL to be First Assistant Marine Surveyor, vice Mr. WILLIAM ARTHUR CRAKE resigned, with effect from the 4th January, 1912.

28th December, 1911.

　　　No. 408.-His Excellency the Governor has been pleased to appoint Mr. ROBERT HALL to act as Second Assistant Marine Surveyor, with effect from the 4th January, 1912, and until further notice.

28th December, 1911.

788

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911.

Power of Governor-

authorise

excess note issue in temporary emergency.

Issue and reissue of

notes limited

to 10 years from date of Ordinance.

Saving as to existing and future laws restricting note issue.

8. Nothing contained in this Ordinance shall exempt the Company from the operation of any existing or future law restricting or regulating the issue of notes in the Colony.

Passed the Legislative Council of Hongkong, this 28th day of December, 1911.

R. H. CROFTON,

Clerk of Councils,

Assented to by His Excellency the Governor, the 29th day of December, 1911.

C. CLEMENTI,

Colonial Secretary.

APPOINTMENTS, &C.

28th December. 1911.

Examiners and the Honourable Mr. ongkong Technical Institute Advi- Honourable Mr. ARTHUR WINBOLT

28th December, 1911.

　　　No. 408.-His Excellency the Governor has been pleased to appoint Mr. ROBERT HALL to act as Second Assistant Marine Surveyor, with effect from the 4th January, 1912, and until further notice.

28th December, 1911.

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 29, 1911. 789

NOTICES.

TREASURY.

No. 409.-Financial Statement for the month of October, 1911.

REVENUE AND EXPENDITURE.

Balance of Assets and Liabilities on 30th September, 1911,.

.$1,853,636.07

752,536.91

Revenue from 1st to 31st October, 1911,

Expenditure from 1st to 31st October, 1911,

Balance,.......

2,606,172.98

950,922.93

.$1,655,250.05

Assets and Liabilities on the 31st October, 1911.

Liabilities.

ASSETS.

Deposits not Available,

Officers' Remittances,

253,050.79 133.38

Balance, Bank,

302,620.71

Subsidiary Coins,

145,707.26

Crown Agents' Advances,

3,870,742.13

Advances,

66,389,02

House Service Account,.

Postal Agencies in China,

1,489.03 58,087.33

Imprest,

2,342.51

Railway Construction,

5,043,412.32

Crown Agents' Current Account,

4,649.58

Unallocated Stores,

273,631.31

Total Liabilities,....

4,183,502.66

Balance,

1,655,250.05

TOTAL,.

$5,838,752.71

TOTAL,.........$

5,838,752.71

21st December, 1911.

A. M. THOMSON,

Treasurer.

SUPREME COURT.

No. 410. It is hereby notified that the name of the China Trust and Deposit Com- pany, Limited, has been struck off the Register.

29th December, 1911.

HUGH A. NISBET,

Registrar of Companies,

OFFICE OF REGISTRAR OF TRADE MARKS.

　　　　　No. 411. It is hereby notified that the registration of the following trade mark has been renewed under the provisions of the Trade Marks Ordinance, 1909 :-

Number of Mark.

Date of Registration.

Name of Owner.

Period of Renewal.

Class in which renewed.

No. 189 of 1897.

29th December, 1897.

The Wong Loo Kut firm.

28th December, 1925.

29th December, 1911.

A. G. M. FLETCHER,

Registrar of Trade Marks.

Government Gazette | 政府憲報 | 1911