/'-
'- ,
4* Il.i ', '- -- uth-,i-"
No. 349.
POST OF ASSISTANr ADMINISTRATOR & ESTABLISHMENT OFFICER.
The Secretary of State for the Colonies has agreed to the creation of a new
post of Assistant Administrator & Establishment Officer, St. Vincent.
This post follows upon the recommendations of Mr. J. W. in his report
on the Organisation and Methods Survey of the Secretariats of the Windward
Colonies, it is proposed that there shall be, in future, an Assistant
Administrator and Establishment Officer for each of the four Colonies.
GOVERNMENT NOTICES.
focal point for all Establishment questions.
Ths establishment Officer, he will be responsible for all matters relating to
othe Organisation, complex and Methods Survey of the Secretariats of the Windward
Islands.
The following is the relevant excerpt from that staffs of departments are
"Although the post of Assistant Administrator is extant in two of the
adequatColonies, it is proposed th there sha in accordance with the prescribedstant
proceAdministrator and Establishm for practical training and for candidatolonies for
The primary training courses; decisions affecting leave, attendanclieve the Adminisciplintrator of
mattersonnel management responsibility; follow-up acties, and to provide, for each Colony, a
focal point for all Establishment questions.
As Establishment Officer, he will bef his responsibilities he will matters relating close
the organistion with the Promting, grading and the Appromotion of oftments Board. He
will serve on both of these Boards as the senior Official Member.
department Assistants; staff inistrator, he will give n to ensure that assistaffs of departments are
adequate to deal with the work in accordancilable after discharge of prescribed
procedures; arrangement functions afor practical training andhowever, for candidates fornths
training courses; decisicati on the personnel side of the work,ave, attendance and there disciplinary
Augean stable to be swept clean before the Establishment arrangements
matters genern be really effective. At action, as appropriate, on occannual reports of
Officers. In the exercise of he work in order to deputise, or deal with
a spconjunction with the Promotions Board and the Appointments Board. Hetor."
28th July, 1951.
(C. 4/46)
will serve on both of these Boards as the senior Official Member.
As Assistant Administrator, he will give such assistance of a general nature
to the Administrator as the time available after discharge of his
Establishment functions affords. There will, however, for many months
need to be intensification on the personnel side of the work, and there is an
Augean stable to be swept clean before the Establishment arrangements
can be really effective. At a later date, he may on occasion be able to
relax the Establishment side of the work in order to deputise, or deal with
a special problem, for the Administrator."
28th July, 1951.
(C. 4/46)
214 SAINT VINCENT, TUESDAY, 31 JULY, 1951.-(No. 40).
No. 350.
APPOINTMENT.
The Secretary of State for the Colonies has been pleased to approve the
appointment of Mr. BERNAMR GIBBS, Government Secretary, to the post of Assistant
Administrator & Establishment Officer, St. Vincent.
The new appointment will take effect as from 1st August, 1951.
28th July, 1951.
(P.F. 170)
No. 351.
MEETING OF LEGISLATIVE COUNCIL.
A meeting of the Legislative Council will be held in the Council Chamber
on Thursday 2nd August, at 10 a.m.
The "Orders of the Day" of this meeting are published as a Supplement to
this issue of the Gazette.
A cordial invitation to attend is extended to the general public.
31st July, 1951.
(A. 1/1949).
No. 352.
LAND SETTLEMENT AND DEVELOP-
MENT BOARD.
The Administrator has been pleased
to appoint the under-mentioned person-
nel to the Land Settlement and Devel-
opment Board under Section 4 of the
Land Settlement and Development Or-
dinance, 1945, as amended by the Land
Settlement and Development Ordinan-
ces, 1947 (Nos. 2 and 7 of 1947) and
1949 (No. 25 of 1949) for a period of
three months with effect from 25th
July, 1951:-- .; ..~~ .s
Professor A. dek. FRAMPTON, Dip.,
Agric., Agricultural Adviser to
Comptroller (Chairman),
The Superintendent of
Agriculture (Deputy Chair- .6
man),
,, Honourable Colonial Trea- o
surer.
,, Senior Medical Officer,
,, Honourable A. M. PUTNNETT.
C.B.E.,
S, W. A. HADLEY,
G. A. MCI'NTosH,
S S. F. BONADIE,
,, E. A. JOACHIM.
31st July, 1951.
(B. 33/1948).
No. 353.
SECONDMENT.
Mi'. D. A. McNAMARA, Registrar and
Additional Magistrate, has been second-
ed to the post of Magistrate, St. Lucia.
Mr. MCNAMARA left the Colony on
24th July for St. Lucia.
31st July, 1951.
(P. F. 347).
No. 354.
ACTING APPOINTMENTS.
Mr. S. O. DASENT has been appoint-
ed to act as Additional Magistrate St.
Vincent, and Commissioner under
Workmen's Compensation legislation,
with effect from 1st August, 1951, and
until further notice.
31st July, 1951.
(A. 1/1945).
No. 355. .... ..-
Mr. D. E. WEEKES, Deputy Regis-
trar, as Acting Registrar, with effect
from 25th July, and until further
notice.
31st July, 1951.
(P. F. 145).
No. 356.
RESUMPTION.
With reference to Government Notice
No. 160, Miss SHIRLEY AiwDERSON,
Junior Clerk (Government Office), with
effect from 28th July, 1951.
31st July, 1951.
(P. F. 371).
No. 357.
LEAVE NOTICES.
SICK AND VACATION LEAVE.
Miss 3BERYL BAPTISTE, Junior Clerk
(Electricity & Telephone Department),
28 days' sick leave, followed by three
months' vacation leave, with effect from
2nd July, 1951.
31st July, 1951.
(P. F. 222).
SAINT VINCENT, TUESDAY, 31 JULY, 1951.--No. 40). 215
No. 358.
LEAVE PRIOR TO RESIGNATION.
Mr. F. ROJAS, Junior Clerk (Magis-
trate's Office), two weeks four days
vacation leave, as from 17th July, 1951,
prior to resignation from the General
Clerical Service of the Colony.
31st July, 1951.
(P. F. 364).
No. 27 of 1951.-An Ordinance to
prohibit the wearing of uniforms
in connection with political ob-
jects and the maintenance by
private persons of associations of
military or similar character; and
to make further provision for the
preservation of public order on
the occasion of public processions
and meetings and in public pla-
ces.
(S. 5/1950).
No. 28 of 1951.-An Ordinance to
confer powers, and impose duties
and restrictions, in relation to
gold, currency, payments, securi-
ties, debts, and the import, ex-
port, transfer and settlement of
property, and for purposes con-
nected with the matters aforesaid.
(S. 15/1949).
No. 29 of 1951.-An Ordinance to
amend further the Registration
of Documents Ordinance. 1937.
(J. 32/1945).
No. 30 of 1951.-An Ordinance to
regulate the deportation of un-
desirable British Subjects and
for similar purposes.
(S. 5/1950).
31st July, 1951.
No. 363.
The uuder-mentioned Bills which will
be given first reading on 2nd August,
1951, are published with this issue of
the Gazette and may be seen at the Gov-
ernment Office, Kingstown Library, Dis-
trict Post Offices, Police Stations and at
all Revenue Offices:-
Bill for an Ordinance to amend the
Trade Unions and Trade Disputes
Ordinance, No. 3 of 1950.
Bill for an Ordin:nce to amend the
Compensation for Injuries Ordin-
ance.
31st July, 1951.
No. 359.
TROUMACA VILLAGE COUNCIL.
LEAVB.
Mr. R. MORRIS, Nominated Member
of the Troumaca Village Council, six
months' leave of absence with effect
from 18th July, 1951.
31st July, 1951.
(A. 85/1948).
No. 360.
RESIGNATION.
Mr. D. S. MARKSMAN, as a Nomina-
ted Member of the Troumaca Village
Council, with effect from 19th July,
1951.
31st July, 1951.
(A. 85/1948).
No. 361.
GEORGETOWN TOWN BOARD.
RESIGNATION.
Mr. J. E. RICHARDS, as a Nominated
Member of the Georgetown Town Board
with effect from 21st July, 1951.
31st July, 1951.
No. 362.
LEGISLATION.
The under-mentioned Ordinances
which have been assented to by His
Excellency the Governor are published
for general information with this issue
of the Gazette :-
No. 25 of 1951.-An Ordinance to
amend the Registration of Births
and Deaths Ordinance, Cap, 150.
(J. 18/1947).
No. 26 of 1951.-An Ordinance to
amend the Summary Convictior
Offences Ordinance, Cap. 14.
No. 364.
The following document is publish-
ed with this issue of the Gazett[:-
S.. & O. No. 78.-The Prices Contirol
(Amendment No. 26) Notice,
1951.
(T. 20/1949).
31st Jnly, 1951.
1
216 SAINT VINCENT, TUESDAY, 31 JULY, 1951.--
7~-------( -
No. 347.
VACANT POST.
FARM MANAGER, OTTLEY HALL
PRISON FARM.
Applications are invited for the post
of Farm Manager, Ottley Hall Prison
Farm.
The conditions of appointment are
as follows :-
1. Salary in the grade of $1032 x$72--
$1440.
2. A temporary cost-of-living bonus
is payable-at the usual rate granted
to Civil Servants.
3. The post is non-pensionable and
lasts for a period of 4 years.
4. Probationary period of 6 months
in the first instance.
5. No travelling allowance is payable.
The applicant should have good prac-
tical knowledge of agriculture, includ-
ing the management of- livestock, and
must possess considerable experience
as an estate overseer. The duties of the
post will include the management of the
Ottley Hall Prison Farm, and the appli-
cant will be responsible for the perfor-
mance of his duties to the Superinten-
dent of Prisons.
All applications must be written in
the candidate's own handwriting and
must bear suitable testimonials from
previous estate owners with whom he
has been employed.
Applications should be addressed to
the Government Secretary, Government
Office, and should reach him not later
than 15th August, 1951.
24th July, 1951.
No. 348.
BANK HOLIDAY.
Monday the 6th August, being a Bank
Holiday, under the Bank Holidays Or-
dinance, all Public Offices will be closed
on that day.
.24th July, 1951.
No. 338.
PRELIMINARY REPORT ON THE
SCOPE FOR INDUSTRIAL DEVELOP-
MENT IN THE WINDWARD ISLANDS.
BY O. W. ROSKILL.
Copies of the above Report have been
received by this Government and are on
sale at Government Office at 48c. per
copy.
17th July, 1951.
(T. 10/1951).
By Command,
BERNARD GIBBS,
Government Secretary.
GOVERNMENT OFFICE,
31st July, 1951.
CENTRAL HOUSING AND PLANNING
AUTHORITY.
Resolution giving notice of a decision
to prepare a Housing Scheme on a
portion of Camden Park Estate.
Section 7 of the Town and Country
Planning Ordinance, No. 2 of 1946.
The following Resolution which was
passed at a meeting of the Central
Housing and Plannifig Authority held
on the 12th July, 1951, is published for
general information.
RESOLUTION.
BE IT RESOLVED AND IT IS HEREBY
RESOLVED that the Central Housing
and Planning Authority have this 12th
day of July, 1951. decided to prepare a
Housing Scheme on all that area of land
hereunder described, viz:-
All that portion of land being a part
of Camden Park Estate known as
Mahoe" and bounded on the North
and East by lands of Camden Park
Estate, on the South by the Leeward
Highway and on the West by an
Estate Road.
A copy of the Resolution together
with a plan of the aforementioned area
can be seen at the Office of the Central
Authority.
J. L. CHAPMAN,
Secretary & Executive Officer,
Central Rousing & Planning
Authority.
17th July, 19'51.
DEPARTMENTAL AND
OTHER NOTICES.
EDUCATION NOTICE.
BAIN GRAY PRIZE GRAMMAR
SCHOOL, 1951.
The Essay for the BAIN GRAY Prize-
will be written on Saturday 15th
September.
Subject:-Citizenship.
Time
9 a.m.-12 (noon).
W. M. LOPEY,
headmaster.
Grammar School,
25th July, 1951.
i
SAINT VINCENT, TUESDAY, 31 JULY, 1951.-(No. 40).
DEPARTMENT OF EDUCATION.
NOTICES.
At a recent meeting of the Caribbean
Commission, Mr. JESUS T. PINERO,
former Governor of Puerto Rico, and
now a Commissioner of the United
States Section of the C o n mi ssi o i,
offered a prize of $100 U. S. to be award-
ed for the best essay in any one of the
Commission languages-English, French,
Spanish or )Du tch-submitted by school
children of the area, on a subject relating
to the accomplishments or objectives of
the Comnmission.
To encourage competitors and heighten
interest in the project, it has been de-
cided by the Secretariat, in accordance
with a directive from the Commission
that consideration should be given to
the sponsorship of essay contests, that a
number of consolation book prizes, not
exceeding 50, will be presented by the
Commission.
Competitors must be between the ages
of 14 and 18 and must be children in
attendance at schools in this Colony.
Arrangements have been made for the
competition to take place on Saturday,
1st September, 1951, at the Grammar
School at 10.00 a.m.
All school children between the ages
of 14-18 who wish to compete are asked
to send their names together with evi-
dence of their age to anyone of the
following :-
Mr. J. L. EUSTACE, of the Grammar
School, Mrs. R. M. WINDEBANK of the
Girls' High School and Mr. T. V. KEIANE,
President of the Teachers' Association.
Further information as to til subject
matter of the essay can also be obtained
from the above-mentioned persons or
from the Education Department.
16th July, 1951.
(A. 47/1950).
EVENING CLA. Pr-'.
It is the intention of the Deparhment
of Education to organism a series of
Evening Classes in Secondary School
subjects commencing in the Michaelmas
Term of 1951.
These classes will, at first, be directed
to preparing students for the Cambridge
School Certificate Examination. The
Cambridge Syndicate has agreed to
accept students from these Evening
Classes as private candidates for this
examination provided each candidate is
vouched for by the Education Officer as
having been suitably prepared. The
classes to be Started will prepare oandi-
dates for the 1952 Examination.
I am soliciting applications from
suitably qualified persons to act as
Tutors. The remuneration offered is
$2.00 per lesson per subject to School
Certificate standard, and the intention
is to offer 78 lessons per annum in each
subject, or 26 lessons per term of' 13
weeks each.
Applications for the posts of Tutors
will be accepted from all suitably quali-
fied persons whether they are at the
moment engaged in teaching or not.
For the present the Department will
need Tutors in the following subjects:-
English Language, English Literature,
Religious Knowledge. History, Geogra-
phy, elementary Mathematics, Hygiene
ani Physiology, French, Latin. At: the
same time I should be glad to receive
applications from persons who would
be prepared to tutor in other subjects-
e.g. commercial subjects, technical sub-
jects, languages, on the assumption that
classes in these subjects may be intro-
duced at a later date.
Application forms can be obtained
from the Department of Education.
Students who wish to take these
classes will be informed as soon as
possible of the regulations which will
govern enrolment and the fees to be
paid. In the meantime information
can be obtained from the Department
of Education.
16th July, 1951.
ANDERSON CUPS COMPETITION
FOR PRIMARY SCHOOLS.
Notice is hereby given that the above-
mentioned Competition will be held at
the Richmond Hill Government School
on Friday 7th September, 1951, com-
mencing at 10.00 a.m. Necessary details
have been sent to the Head Teachers of
the Schools.
C. V. D. HADLEY,
Education Oficer.
Education Office,
St. Vincent,
16th July, 1951.
(A. 47/1950).
POST OFFICE NOTICE.
It is notified for general information
that Monday 6th August being a Holiday
the Contract Vessel Marcelle S" will
commence her contract run to the
Grenadines on Tuesday 7th August.
G. ELFORD WILLIAMS,
Colonial Postmaster.
General Post Office,
St. Vincent, B. W.
18th July, 1951.
218 SAINT VINCENT, TUESDAY-, 31 JULY, 1951.-(No. 40).
UNIFIED BRITISH WEST INDIES
CURRENCY.
The Currency Ordinance-No. 17 of
1950-which gives effect to the Agree-
ment by the Governments of the East-
ern Group of British Caribbean Territo-
ries for the establishment of a unified
system of currency notes and coins
comes into operation (as regards notes)
as from 1st August -next.
These Territories comprise the Colo-
nies of Barbados, British Guiana, The
Leeward Islands, Trinidad and Tobago
and the Windward Islands and the
notes, which will be of $1, $2, $5, $10,
$20 and $100 denominations respective-
ly, are expected to be put into circula-
tion as from the 15th of the same
month.
It is understood that a rumour has
been current in some quarters that
these notes will exchange for less than
face value as regards monies in present
use, and Government therefore desires
to re-assure the Public that this is EN-
TIRELY INCORRECT.
Currency notes and coin of the ap-
proved denominations (or of any other
subsequently approved denominations)
will be legal tender throughout the
several Colonies mentioned and will be
convertible into sterling, as expressed
in the Agreement, 'in dollars at the rate
of 100 cents for each dollar of the value
\ i i 7-_ ;'fi.' 5;' 5 'Y -
equivalent to four shillings and two
pence of sterling in London'.
V. D. ARCHER,
Colonial Treasurer.
TREASURY CHAMBERS,
KINGSTOWN,
26th July, 1951.
CUSTOMS NOTICES.
It is hereby notified that the follow-
ing article has been seized for a breach
of Section 48 (1) Cap. 183.
1 Bag Pears.
26th July, 1951.
The undermentioned goods have been
forfeited for a breach of Section 90
Cap. 183, and will be sold by Public
Auction at the Customs on Saturday,
11th August, 1951, at 10.00 a.m.
One sack rice-521bs.
One pair ladies' shoes
Two pieces cloth-1- yds.
28th July, 1951.
It is hereby notified that the follow-
ing articles have been seized fora breach,
of Section 48 (1) Cap. 183 of the Laws
of St. Vincent.
Seven (7) Fowls.
V. D. ARCHER,
Collector of Customa.
23rd July, 1951.
VEGETABLE SEEDS.
It is hereby notified for general information, that a new shipment of the
following varieties of vegetable seeds has arrived and will be on sale at the
offices of the Department of Agriculture on week days between the hours of
9 a.m. and 12 noon and from 1 p.m. to 4 p.m. at the following prices.
Detroit Dark Red
Pole Lima King of
Pole Beans. Yard
Kentucky Wonder
Early Jersey Waki
Flat Dutch Steens
Oxheart
Danvers Half LonD
Chantenay
Arlington White S
Imperial 44
N.Y. Imperial
Early Yellow Glob
Yellow Bermuda
Beefsteak
Matchless
Oxheart
Marglobe
Bloomsdale Savoy
16th July, 1951.
(A. 47/1950).
(Short Top) 16c. per oz or 4c. per pkt.
Sthe Garden 5c. ,,
SLong 5c. ,, ,
'Wax 5c. ,, ,,
field 38c. ,, ,,or lOc. per pkt.
38c. ,, ,, 1 ,,
26c. .,, ,, 7c. ,, ,
g 26c. ,. ,,,, 7c. .
26c. ,, ,.., 7c, ,, ,,
pine 29c. ,, ,, c. ,,
34c. ,, ,,,, 9c. ,,
34c. ...,, 9c.
be 56c. , ,. 14c. ,,
56c. ,, ,, ,, 14c. ,,
77c. ,, ,,,, 20c. ,,
77c. ,, ,, 20c. ,, ,
77c. .. ....90c. .. ..(
77c .Pc. ,, ,
Long Standing 12c. ,, ,,,, 3c. ,,
H. S. McCONNIE,
Acting Superintendent of Agriculture.
Beets
Beans
Cabbage
Carrots
Cucumber
Lettuce
Onions
Tomato
Spinach
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OTIC
KINGSTOWN, ST. VINCENT.
.. [ Price 24 coats.
Publications Not Available
Saint Vincent government
gazette
v. 84 no. 40
Supplement: Orders of the Day -31st
of July, 1951
SAINT VINCENT.
SNo. 25 of 1951.
I Assent,
o .
/ '
R. D. H. ARUNDELL,
Governor.
: 20th July, 1951.
AN ORDINANCE to amend the Registration of Births and Deaths
Ordinance, Cap. 150,
S 31st July, 1951. ]
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
S. This Drdinance may be cited as the Registration of Births
and Deaths JAmendment) Ordinariee 1951, and shall be read as
one with the Registration, of Births and Deaths Ordinance,
(hereinafter referred to as the principal Ordinance) and all
amendments thereto.
2. The First Schedule to the,principal Ordinance is hereby
amended by deleting Form No. 7 thereof and substituting therefore
the following:--
Short title,
Cap. 150.
-First- Schedule
to principal
Ordinance
amended.
. S
x
[ L.S. ]
--'---- --ar, --..--ru~_-
, r
-i
7 i
Registration of Births and Deaths (Amendment).
jSection 36.
(Counterfoil
for use of the
Medical
Practitioners) ,
District
Name etc of
deceased.
Sex
Age .
Cause of death
1.
Disease or
condition -
directly leading
to death
Antecedent
Causes
2.
Other
significant
conditions
-.
Do.i:9 o. b~DePa~th`
Form No. 7.'
MEDICAL CERTIFICATE OF CAUSE OF DEATH.
ST. VINCENT District
CERTIFICATE OF DEATH.
.- uate of
Na ne, residence & occu- Sex Age Date last
pation of deceased Death Atted-
2 31
1.
Disease or condition di-
rectly leading to death
Antecedent Causes
Morbid conditions,
if any, giving rise to
t h e- above- cause,
stating the underly-
-ing condition last
2.
Other significant con-
ditions contributing
Sto the death butnot
related to the dis-
:ease or condition
causing it
This does rot mean the
mode of dying, e.g.
heart failure, stthe
nia, etc. It means the
disease, injury, or
complication w h i c h
caused death
CAUSE OF DEATH.
(a ) ............................... ..................
due to (or as a con-
sequence of)
S (b ) ......................................................
S due to (or as. a con-
S sequence of)
Approxi-
mate
interval
between
onset and
death
(c ) ............ ................. ......... .............. . ............
I............ .. ......................................................... ............ do hereby
certify th a t I- a tten d ed ........................................................................................ .......
during ....................,..l6st illness and -that the above particulars are
true in every respect to the best of my knowledge and belief
Sg. Signature.
Doted this, day of '19
No. 25.
ml~Y
_____I_________IU________________1
_ LII~ _~___ _ __ __I
I
~------~
No. 25. Registration of Birth# and B eaths (Amon rn nt). 1961.
Passed the Legislative Coufcil this 5th day of July 1951. *
.ENRY H. WILLIAMS,
Acting Clerk of Executive Council.
(J-..18/1947). .
'- .
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, KS. VINCENT.
E-- [ Price 12 cents. ]
1951.
Sa 5"
-SAINT VINCENT.
No. 26 of 1951.
I Assent, '
[ L.S.]q
R. D. H. ARUNDELL,
Governor.
S 20th July, 1951.
AN ORDINANCE to amend the Summary Conviction Offences
Ordinance, Chapter 14.
S31st July, 1951. ]
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
1. This Ordinance may be cited as the Summary Conviction
Offences (Amendment) Ordinance, 1 51, and shall be read as one
with the Summary Conviction Offences Ordinance (hereinafter
referred to as-"the principal Ordinance")' and all aflendments
thereto.
2. After section 19 of the prirfcipal Ordinance the following
section shall be inserted :- -
Short title.
Cap. 14
Principal
Ordinance
Amended by
addition of new
section.
"Procedure in 19A. (1) The power of the Court upon corn-
case of sureties plaint of any person, to adjudge a person to
to keep the enter into a recognizance and find sureties to
peaco. keep the peace or to be of good behaviour,
shall be exercised by an order upon complaint,
Cap. 13 and the provisions of this Ordinance and the
SSummary Conviction Offences (Procedure)
Ordinance shall apply accordingly, and the
complainant and defendant and witnesses may
-be yelled and examined and oross-examined,
I- '- ----
No. 26- Summary Convictions Offences (Amendment) 195i.
and the complainant and defendant shall be
subject to costs, as in the, case of any other
complaint.
(2) The Cpurt may order the defendant in
default of'compliance with the order to be im-
pris'oned for a period not exceeding six
months." :
Passed the Legislative Council this 5th day -of July 1951.
HENRY H. WILLIAMS,
SActing Clerkl of-Legislative Council.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE.
KINGSTOWNi ST. VINCENT.
E Price 8 cents. 3
S1951.
s k" _
No. 27 of 1951.
I Assent,
[ L.S. ]
R. D. H. ARUNDELL,
Governor.
S20th July, 1951.
AN ORDINANCE to prohibit the wearing of uniforms in
.connection with political objects and the maintenance by
private persons of associations of military or similar
character; and to make further provision for the. preservation
of public order on the occasion of public, processions and
Meetings and in public places.
[ On Proclamation.. ]
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
1. This Ordinance may. be -cited 'as the Public. Order
Ordinance, 1951
2. In this Ordinance the following expressions have the
meanings hereby respectively assigned to them, that is to say :
"meeting" means a meeting held for the purpose of the
discussion of matters of public interest or for the purpose
S of the expression of views oil such matters;
",private .premises means premises to which the public have
access (whether on payment or otherwise) only by
permission of the owner, occupier, or lessee of the premises;
"public meeting" includes any meeting in a public place and
S-any meeting which the public or any section thereof are
permitted to attend, whether on payment or otherwise;
public place means any highway, public park or garden, any
sea beach, and any public bridge, road, lane, footway,
square, court alley or passage, whether,a thoroughfare or
not; and includes any open space to which, for the time
Short title.
Interpretation.
I.
being,*the public have ,or are permitted to have access,,
whether on payment or otherwise;
"public procession "means a procession in a public place;'
recognizedd corps" means a rifle association or rifle club,
S' miniature rifle club-or cadet corps approved by the
'Cap. 175. Governor under the'Firearms Ordinance for the purposes
of That Ordinance.
-^ s ' .'-" \ *
Prohibition of
uniforms in
connection witlh
political
objects.-
3. (1) Subject as hereinafter provided, any person who in
any public place or at, any public meeting wears uniform
signifying his association with any political organisation or with
the promotion of any political objet -shall be guilty of an offence:
Provided that, if the Superintendent of Police is satisfied
that the wearing of'-any such uniform as aforesaid on any
ceremonial, anniversary or other special occasion will not be
Likely to invoke risk of public disorder,-he may, with the approval
of the Governor, by order permit the wearing of such uniform on
that occasion either absolutely or subject to such conditions as
'may be specified in the order..
(2) Where any person is charged before any court with an-
S offence under .this section, no further proceedings in respect
thereof shall be taken against him without the consefit of the
Crown Attorney except such as the court may think necessary by
,remand (whether in custody or on bail) or otherwise to secure
,the due appearance" of the person charged, so, however, that if.
-- that-pergon is ie'ird~nild i"n custody he.shall after, the expiration
of a period of i:-lgh cday; from the date on which he was-so
remanded, be entitled'to be discharged.from custody on entering
into a recognisance without sureties unless within that period the
Crown Attorney has consented to such further proceedings as
aforesaid. "
Prohibition of
quasi-military
organisation.
4. (1) If the members or adherents of any association of
persons, whether incorporated or-not, are-
(a) organised or' trained or equipped for the purpose of'
enabling them to be employed in usurping the functions
of the police or of the armed forces of the Crown; or
(b) organised and trailed or. organised and equipped either
for the purpose of enabling them to be employed for the
use or display of physical force irr-promoting any political
object, or in such manner as to arouse reasonable.
apprehension that they are organised and either trained
or equipped for that purpose;
then any person who takes part in the control or.management of
the association, or in so organising or training as aforesaid any
members or adherents thereof, shall be guilty of an offence under
this section :
i
No. 27.
PuPzblic Order.
1951.
.. "A
-d ~ w
No. 27. Public-Order. 1951.
Provided that in any proceedings against a person charged
;' with the offence of taking part in the control or management of
such an association as aforesaid, it. shall be a_,defence :to that
charge to prove that he neither consented to nor connived at the
organisation, training, or equipment of members or adherents of
the association in contravention of the provisions of this section.
-/.(2) No prosecution shall be instituted under this section
without the consent of'the Crown Attorney.
(3) If upon application being made 'by the Crown Attorney
it appears to the-Supreme Court that any association is an
Association of which members :or adherents are organised, trained;
or equipped in coritravention-of the provisions of this section, the
Court may make'such order as appears necessary to prevent any
disposition without the leave of- the Court of property held by or
for the association and in accordance with rules of court may
direct an inquiry and report to be.made as t6~any such property:
as aforesaid and as to ,the affairs of the association'and make
such further orders as appear to the Court to be jul. and equitable
for the application of such property in or.towards the discharge
of the-liabilities of the association lawfully incurred before the
date of the application or since that date with the approval. of
the.Court, in or towards the repayment of moneys to persoias who
-became. subscribers or contributors to the association in good
faith. and without knowledge of any such contravention as
Saforesaid, and in or -towards any costs incurred in connection -
-with any such inquiry and report as aforesaid or in winding-up or
dissolving the association, and may order that any .property
Which is not directed by the Coirt to be so applied as aforesaid
shall be forfeited to the Crbwn .
S(4)'In; any criminal or civil proceedings under this section
proof of things done or of words written, spoken or published
(whether or not in the presence of any party to the proceedings)
by any person taking part in the control or management of an
association or in organising, training or equipping .nietaberS or .
adherents of an association shall be admissible as evidence ofthe
purposes for which, or the manner in. which, members- or
adherents -of the: association. (whether, those persons or others) .
were organised, oftrained, or equipped. ~
(5) If a Judge of \'the Supreme Court is satisfied y
information .on oath that there is reasonable ground for
suspecting that an offence under this section has been committed,
-nd that evidence of the commission thereof is to be found at any.
premises or place specified in the information, he mat, on an .
application made by a member of the.police force of a rank not--
lower than that of .sergeant, grant a search warrant authorising
any such member of the police force as gforesaid named in the. -
warrant together with any other persons name in the warrant
and any other members of the said force to enter the premises or
- place at any time within one month from the date. o the warrant, .
if necessary by force, and to search the premises or place and
Every person found therein, and to seize anything found on the
premises or place or on any sucli -person which the said, member
of the police force has reasonable ground for suspecting to be
evidence of the-conimission of such an offence as aforesaid :
Provided that, ho woman shall, in pursuance of a warrant
.issued under this subsection, be searched except by a woman.
(6) 'Nothing in this section shall be'construed as prohibiting
the employment of a-reasonable number of persons-as stewards
to assist in the prePervation of order at any public-meeting held
_upon private premises, or the making of arrangements fo! that
purpose or the instruction of the persons to be so employed in
s their lawful duties as such stewards, or their being furnished with
badges-or other distinguishing signs.
f -
Powers f
the pros
of public
on the o
of process
or 5. (1) 'If the Superintende nt of Police, having regard to the
nrvation time or place at which and the circumstances in which-any
:order public procession is talkng place or is intended to take place and
occasion to the route taken or proposed to be taken by the procession, has
sions. reasonable ground for apprehending that the procession may
occasion serious public disorder, he may give directions imposing
-upon the persons organising or taking part in the procession such
conditions as appear to him necessary for- the preservation of ;-
public order, including conditions prescribing the route to be
taken .by the procession and conditions prohibiting the procession -
from entering any public place specified in the directions.
Provided that no conditions restricting the display of flags,
banners, or emblems shall be imposed under this subsection
except such as are reasonably necessary to prevent risk of-a
breach of the peace:
(2) If at any time the Superintendent of Police is of opinion
-that by rajson o. particular circumstances existing in any town,
village or district or in any part thereof the powers conferred on
-him- by the last foregoing subsection will- not be sufficient to
enable him-to prevent serious-public disorder being occasioned by
the holding of public processions in that town, village or district,
or .part thereof, he shall apply, to the Governor -for an order
prohibiting for such period not exceeding three months as may
be specified in the application the holding of all public processions
or of any class of public procession so specified either in the town,
village or district or in that part thereof,-as the case may be, and
-;pon receipt of the application the Governor may make an order
either in terms of the application or with such modifications as
S he may deem fit.
S (3) Any person who knowingly fails to comply with any
directions given or conditions imposed under this section, or
organizes or assists in organising any public procession held or
intended to be held in contravention of an order made under this,,
. I :. _ i.
-.
--
'No. 27.
-_ublic Order.
1951,
,j
No. 7. -* P.--ublic Order. --
section or- incites any person to take part .in such a procession,
shall be guilty of an offence..
S6. (1) Any person who, while present at any public meeting
or-on the -occasion of any public procession, has with him any.
offerisive weapon otherwise than in pursuance of lawful
-authority, shall be guilty of an offence.
"(2) -For the purposes of this section, a person shall -ot be
deemed to be acting in' purstance of lawful authority unless he is
-acting in his capacity as a-servant of the Crown or of any local
Authority or as a constable or as a. member of a recognized corps.
or as a member-of'a fire brigade.
7. Any person who in any -public place or ,at any public
meeting uses th retenirig, abusive or insulting wordsor behaviour.
with intent'to provoke a breach of the peace or whereby a breach ,
of' the peace, is,.likely to be occasionid, shall be guilty of an
offence.
S -8. ( I'Any person who at a lawful public 'meeting acts in a
disorderly manner for the purpose of preventing 'the transaction
of the business for which the meeting was called together shall be
guilty.'of an bffence-and shall, on summary conviction, be liable to-
a fine not 'exceeding twenty-five; dollars, or to imprisonmentfor a
period not exc,eediny one -month.
(2) Any person who incites others to. commit an. offence
under this section shall be guilty of a like offence.. -
(3) If any constable reasonably- suspects any person' of
committing an offence under the foregoing provisions of this
section, he may if requested so to do by the chairman of the''
meeting require that person to declare to him immediately. his
name and address and, if that person refuses or fails so to declare
Shis.name and address or gives a false name gnd address he shall
be guilty of an offence under this subsection and liable on
summary conviction thereof to a fine not exceeding ten.dollars,
and if he .refuses or.fails so to declare hlis name and address or if-
the .constable reasonably suspects him of giving a false name arid
address, the constable imay without warrant arrest him.
-9. (1) Any person who commits an offence under section
Four of this Ordinance shall be liable on summary conviction to
imprisonment for a. term not exceeding six, months or to a fine
not exceeding four hundred dollars, or to both such imprisonment
and fine, or, 'on conviction on indictment, to imprisonment for a
term not' exceeding two.years or-to'a fine not exceeding two
thousand dollars, or to both such imprisonment and fine.
. (2) Any person guilty of any other offence under -this
Ordinance shall be liable on summary conviction to imprioament
Prohibition of
offensive- .
weapons at
public- meetings. .
and processionss.-
--
Prohibition of .
offensive
conduct
conducive t'o
breaches of
the peace.
Penalty on
endeavour -t
break up public
meeting.
SEnforement,
Enforcement.
, W .
1951.
h l -
Public Order.
Public Order.
No. 27.
-1951.
for a, term not exceeding -three months or to a fine not exceeding
two hundred and fifty dollars, or to both such imprisonment and.
fine.
S (3) A constable may without warrant arrest any person
reasonably suspected by him to be committing an offence under
section three, six or seven of this Ordinance.
-Commencement. 10. This Ordinance shall come -intd operation on a-date to
" be fixed by the Goverror by Proclamation in the Gazette.
Passed'the Legislative Council this 5th day of'July 1951.
HENRY H. WILLIAMS,
Acting Clerk, Legislative Council.
(S 5/1950).
PRINTED BY THE GOVERNMENT-PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
S1951. [ Price 24 cents.
7- 1'
SAINT VINCENT.
EXCHANGE CONTROL OliDINiNCE, 1951.
.- ARRANGEMENT-OF SECTIONS.
INTRODUCTORY.
Section
1. Short title commencement and repeal.
2. General provisions as to interpretation.
PART I.
GOjD AND FOREIGN CURRENCY.
3. Dealings in gold and foreign currency.
4. Surrender of gold ahd foreign currency.
5. Bailees of gold and foreign currency.
6. Travellers''theques, etc.
PART II.
PAYMENTS.
7.' Payments in the Colony.
8. Payments outside the Colony.
9. Compensation deals.
PART III.
SECURITIES.
10. Issue of securities.
11. Transfer of securities and coupons.
12. Issue of bearer certificates and coupons. .
13. Substitution of securities and certificates outside the Colony.
14. Payment of capital moneys outside the Coleny.
15. 'Duties of persons keeping registers.
16. Additional provisions as to nominee holdings.
17. Deposit of certificates of title.
18. Additional provisions as to deposited certificates.
19.. Special provisions-as to dealings in certain securities.
20. Validation of certain transfers.
21. Application of Part III to secondary securities.
22. Interpretation of Part III.
S" -PART IV.
IMPORT AND EXPORT.
23. Restrictions on import.
24. General restrictions on export.
25. Payment-for exports. -.
190
PART V
1. -- MISCELLANEOUS.'
Section -
26. Duty to collect'-certain debts.
27. Duty not to delay,sale or importation of goods.-
28: iProperty obtained by infringement of Ordinance.
29. .. provisions supplemental to preceding provisions of Part V.
30. transfer of annuities, policies, etc. *
31. Settlements.
32. Companies.
PART VI.
S SUPPLEMENTAL.
33. Exemptions.
34. Blocked accounts.
S --35. .Contracts, legal proceedings, etc.
36..- Enforcement and administration,
37. Application to Crown.
38. Governor's orders.
39.. Other powers.
40. Financial provisions.'
41. Branches.
42. Persons leaving the-scheduled territories.
43. Determination of residence.
SCHEDULES:
.First Schedule.-The Scheduled Territories.
SSecond Schedule.-Foreign Companies.
Third Schedule.-Blocked Accounts...
-" Fourth-Schedule.-Legal Proceedings, etc.
-Fifth Schedule.-Enforcement.
Part I.-General provisions as to evidence and informatiboii
Part II.-General provisions as tb offences. -
Part III.-Import and export.
- - -%
SAINT VINCENT.
No. 28 of 3951.
SI Assent,
[ L.S, ] -R. D. H.,ARUNDELL,
Governor.
30th Jlly, 1951.
AN ORDINANCE to confer powers, and .impose duties and'
restrictions, in relation to gold, currency, payments, securities,
debts, and the import, export, transfer and settlement of
,property, and for purposes connected with the matters
aforesaid.
S[ On Proclacmation. 1
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
INTRODUCTORY.-
1. (1) This Ordinance may be cited as the Exchange Control
Ordinance, 1951.
(2) This Ordinance shall come into force on such day as the
Governor may by Proclamation appoint,and-
,(a) Different days may be appointed for different purposes
.nd for different provisions thereof; and
(b) the power, of the Governor to make transitional provisions
consequent on, the making of an order under this
Ordinance shall extend to the revocation, in consequence *
of any order made undet-.this subsection;, of any of-the
provisions of the Defence (Finance) -Regulations, 1941.,
Short title
commencement
and repeal.
S. R. & 0. 1941,
No. 64.
L
~~:
t
19- -
No. 28. -Exchange Control. 1951.
General 2. (1) In this Ordinance,- except so far as the contrary is'
provisions as to -expressly provided or the context otherwise requires, the
interpretation. following expressions have the meanings hereby assigned to them,
that is to say-:-
-"'authorised dealer means, in relation to'gold or any foreign
currency, a person for the time. being authorized by an
Sorder of the Governor to act for the purposes of this
Ordinance as an authorised dealer in relation to gold, or,
as the case may be, that foreign currency;
authorised depositary" means a person for the time being
authorised by an order -of the Governor to act as an
authorised depositary .or the purposes of Part III of. this
-Ordinance;
'" bearer certificate means a certificate of .title to securities by
thedelivery pf which (with or without endorsement) the
titli to the securities is transferable;
certificate of title to securities means any-document of title
whereby a person recognizes the title of another to
securities- issued or to be issued by the first-mentioned
person, and inh the case of any such document -with
coupons (whether attached or on separate coupon sheets)
includes any coupons which have riot been detached;
S"coupon" means a coupon representing dividends or interest
on a security;
""f61rign currency" has the meaning ascribed to it by section
3 of this Ordinance;
gold means gold coin or gold-bullion;
policy of assurance means any policy securing the payment
of a capital s\nm-or annuity on the occurrence of a specified
event which is -certain to happen and includes-
-a) any policy by which the payment of money is
a,ssureld-on death (except death by accident only)
or the happening of any contingency dependent
on human life;.and
(b) any policy securing the payment of an immediate
annuity;
and the reference in this definition to the occurrence o6 a
specified event which is certain to happen shall include the
occurrence, which is certain to happen, Qf one of specified
events none of which by itself is certain to happen;.
"prescribed" means prescribed,- for the purposes of the
provision in question, by order of the competent authority;
"scheduled territories" has the meaning ascribed to it. by
section 3 of this Ordinance;
Secondary securities" has the meaning ascribed to it by
section 21 of this Ordinance;
193'
,io. 28. Exchange Control. 1951.
"securities" means shares, stock, bonds, notes' (other than
promissory 'notes), debentures, debenture stock, -units
Sunder a unit trust'siheme and'shares in at oil royalty.;
specified currency has the meaning ascribed'to it by section
4 of this Ordinance as extended by-section 6 thereof;
"unit trust-scheme" means any arrangements made for the
purpose, or having the effect, of providing for persons-
having funds available for investment, facilities 'for the
participation by them, as beneficiaries -under a tr'Lst, in
profits or income' arising from the acquisition, .holding
management or disposal of any property whatsoever;
unit" means, in. relation to a unit trust scheme,'a right or
Interest (whether .described. as 'a unit; as a subunit- or
otherwise) which may be acquired under the scheme.
(2) Any provision of this-'Ordinance (however worded) the
effect of which is to prohibit the doing of any act where a person-
to or by xvhom the act is to be done or wlh stands .t a specified_
relation to any property possesses' any. specified-attribute as to
residence or otherwise shall, where the act is dofie to or by two or-
more persons-or, as the.case may be, where two or mbre persons
.stand jointly in that relation to the, property, operate to prohibit
the doing of that act if any of those liersons -possess, that
attribute; and any provision of this Ordinance imposing an
obligation on any person to do an act if he possesses any-specified
attribute as to residue or otherwise shall, in'relation to any act
which can: only be doneby two or more persons jointly-
(a) where all those persons possess that attribute, operate to
impose a joint obligation on all of them to do the act; and
(b) where some only of them possess that attribute, operate to
impose a separate obligation on.each one of them who
possesses that attribute to do all he can to secure the
doing of the act.
(3).Any power conferred by this Ordinance to-prescribe the
declarations which are to be furnished on any occasion. shall
include a power-to require that the declarations shall be made by
specified persons and shall be verified in a specifiedmanner.
(4)' 'Nothing in this Ordinance shall be construed as requiring
the Colonial Treasurer to pay any sum otherwise than in sterling
or British West Indian dollars or otherwise than in the Colony,
and any provision of this. Ordinance *requiring the Colonial
Treasurer to pay 'any sum to any person shall, where that sum
is in a .specified currency, be construed as a provision that the
Colonial Treasurer shall pay to that person the amount in sterling
or British West Indian dollars which he would have received
for the specified currency if he had sold it to an authorized dealer
Sin pursuance of-an offer made under section four of this Ordinance
at the time when the said sum is-paid. -
(5) The obligations and prohibitions imposed -by, this
SOrdinance shall, subject to the expressed/limitations contained
therein, apply to all persons, notwithstanding that they are
not British subjects.
194 '
No. 28.
Dealings in
gold and
foreign'
currency.
Surrender of
goid and
foreign
currency.
1951.
Exchange-Control.
PART I.
GOLD AND FOREIGN CURRENCY.
3. (1) Except with the permission of the Governor, no
person, other than an authorised dealer, shall, in the Colony, buy
or borrow any gold or foreign currency from, or sell or lend any
gold or foreign currency to, any person other than an authorized
dealer.
(2) Except- with the permission of the Governor, no
person resident in the Scheduled Territories, other than an
authorized dealer, shall, in the colony, do any act which involves,
is in association with br is preparatory to buying or borrowing any
gold or foreign currency from, or selling or lending any gold or
foreign currency-to, any person outsidethe Colony. -
(3) Where a person buys or borrow's any gold or foreign
currency in the Colony or, being a person resident in the
Scheduled Territories does any act which involves, is in
association with or is preparatory to-the buying or borrowing of
gold or-foreign currency outside the Colony, he shall comply with
such conditions as to the use to which-it may be put or the period
for which it may be retained as may from time to time be notified
to him by the Colonial Treasurer.
(4) In this Ordinance-
(a) the expression "foreign currency does not include any
currency or notes issued by the Government or under the
law of any part of the-scheduled territories but, save as
aforesaid, includes any currency other than sterling or
British West 'Indian dollars and any notes of'a class which
are or have at-any time been legal tender in .rny territory
outside the Colony, and any reference to foreign currency,
except so far as the context otherwise requires', includes a
reference to any right to receive foreigrf currency in
respect of any credit or balance at a bank;\and
(b) th'e expression "the scheduled territories" means the
territories specified in the First Schedule to this
Ordinance, sq, however, that the Governor may at any
time by order amend the said Schedule, either by the"
addition or- exclusion of territories or otherwise, and the
said expression shall be construed accordingly.
4. (1) Every person in ihe Colony who is entitled to sell, or
to procure tli' sale of, any gold, or any foreign currency to which
this section applies, and is not an authorized dealer, shall offer it,
or cause it to be offered, for sale to an authorised dealer, unless
the Colonial Treasurer consents to his retention and use thereof
or he disposes thereof to any other person with the permnision of
the Colonial Treasurer.
No. 28.
Exchange' Control.
The foreign currency to which this section applies is such I
foreign currency (hereafter in thip Ordinance referred to as-
" specified .currency ") as may, from tiie to time be speeifed by
order of the Governor.
S2) -If a person who has obtained the consent ofthe Colbnial
Treasurer to his retention and use of any gold or speeified
currency, and has stated in an application for the consent that he
requires it for a particular purpose, no longer requires the gold or
currency for that purpose, -the _preceding subsection shall
thereupon apply to him in relation to that golW or currency as if
the Colonial Treasurer had revoked his consent to his retention
and use thereof.
(3) A person who acquires any gold or specified currency
from an authorised dealer shall be treated foi the purposes of this
section as if the Colonial Treasurer had consented to the retention.,
and use by him of that-gold or currency (subject, however, to any
conditions notified to him in accordance with. subsection (3) of
the preceding section), and as if any'statement-made by him in an
application for that gold orcurrency as-to the purpose for which
lie requires it had been made'by him in an application for the
Colonial Treasurer's consent to his retention and us& thereof.
(4) Where a person has become bound under- this section to
offer or cause to be offered any gold or specified eurrency- for sale
to an authorised dealer, he shall not be deemed to comply with-
that obligation by any offer made or caused to be made by'him, if
theoffer is an offer to sell at a price exceeding that authorized by
the Colonial Treasurer, or without payment of any usual and
proper charges of the aufhorised dealer, or otherwise pn any
unusual $erms. .
S(5). Where a person has become bound under this section to
:-offer or cause -to be offered any gold or specified currency for sale
to an authorized dealer and has not complied with that obligation,
the Governor may direct that that gold or currency-shall vest. in
the Colonial Treasurer, and it shall vest in the Colonial Treasurer
accordingly free from any mortgage, pledge or charge, and the
.Colonial Treasurer may deal with it as he thinks fit, but the.
Colonial Treasurer shall pay to the person who would but for the
direction be entitled to the gold or currency-such sums ashe woid ,
have received therefore if he had sold it to anauthorised dealer in
S pursuance of an offer made under this section at the time when
the vesting occurred.
(6) In any proceedings in respect 6f a, failure to comply with
S the provisions of this section, it shall be presumed, .until the
contrary is shown, that the gold, or currency in question has not'
been offered for sale to an authorised dealer.
5. (1) Every person in the Colony by whom or to whose
order (whether directly or indirectly) any gold or any specified
currency in the form of notes'is hbld in the Colony but who is not
entitled to sell it oi procure its sale shallnotily 'the Colonial
Treasurer in writing that he so holds that goldaor eurrezq.
-ANT I.
-contd. -
Bailees of gold
and foreign
currency.
I _
i ,
*-'"
1'At I -- (2) The Colonial Treasurer may-direct any person in the.
-co-td. Colony by whom er to whose order (whether directly or indirectly)
any gold or any.specified' currency in the form of notes is held in
the Colony, whether or not he is entitled to sell it or procure its
sale, to cause that gold or currency to be kept at all times in the
custody of such banker as may be specified in the direction.
Travellers'
cheques, et
Payments
the ColorV
S 6. (l) This section applies to any document of a kind
tc. .intended to enable the person to whom the document is issued to
obtain foreign currency from some other-person on'the credit of
the person issuing it, and in particular.to any traveller's. cheque
or other draft or. letter of credit so intended.
(2) For the purposes of this Ordinance, the person issuing a
document to -whichithis section applies, and the person to whom
it'Ts issued, shall be deemed respectively to seL and buy foreign
'currency and where foreign currency is obtained'.by means of the
document to sell and buy that foreign 'currency.
(3) -Any such document not expressed in terms of sterling
or British West Indian dollars shall, if it is of a kind intended to
'enable the. person to whom it is issued to. btain -any specified
currency, be treated also for the purposes of this Ordinance as
itself being specified currency;
S(4) 'Every person in the Colony who holds or to whose order-
-there is held any document to which this section applies, being a
-document expressed in terms of sterling or British West Indian
dollars, shall encash it or cause it- to be encashed in the scheduled
'territories with the person issuing it or with a banker, unless the
-Colonial-Treasirer consents to his.retention and use thereof and,
-where in his application for that consent he has -stated that he
requires it for a-particular purpose, unless also he still requires'it
for that purpose.
(.) A person who acquires any document to which the last
preceding subsection applies from an authorized dealer shall be
treated for the purposes of that subsection as if the Colonial
Treasurer had consented to the retention and use by him of that
document (subject, however, to any conditions notified to him in
accordance with subsection (3), of section 8 of this Ordinance),
and as if any statement made by him in an application for that
-' document as to the purpose for which he requires, it had been.
,i'made by him in an application for the Colonial Treasurer's
0obnserit to his retention and use thereof \
S -PART II.
'PAYMENT'S.
in 7. Except with the permission of the Colonial Treasurer, no
person shall. do any of the following things in the Colony, that is
to say-
(a).- make any.payment to or for .the credit of a person resident
..outside: the' scheduled territories; or
aMD. 28.
,X~ehange. .Cpntrol.
1951.
Exchange Control.
(b) make any payment to or for the credit of a person resident
in' the scheduled territories by order or-on behalf of as
'" person residento'utside-the scheduled territories; or
(c) place any sum to the credit'-bf any person resident outside:
Sthe scheduled territories-:
Provided that where a person resident outsie- the scheduled
territories has paid a sum in or towards the satisfaction of-a debt-
" due from him, paragraph tc) of this- section shall not prohibit
the acknowledgement or rieoirdiiig of the payment.
8. (1) Except with the permission of the Colonial Treasurer,
no person 'in the Colorny shall, subject to -the provisions of this
section, make any payment outside the Colony to or for-the credit
of a person, resident outside the scheduled territories, and no
person resident in the scheduled territories shall in the Colony
do any act which'involves, is i association with or is preparatory
to the making of any such payment.
(2) Nothing in' this section- shall prohibit the doing of
anything otherwise -lawful by any .person with ,a.ny foreign
currency obtained by him in accordance with the provisions of
Part I of this Ordinance or 'retained by him in pursuance of a
consent of the Colonial Treasurer.
9., (1) Except with the permission.of the Colonifl Treasurer,
no person shall in the Colony make any payment to or for the
credit of a'person resident in the scheduled territories, and no
person resident in the scheduled territories shall in the Colony do
any act which involves, is in association with or is preparatory to
the making of any such paynient outside the Colony, as
consideration for or in association with-
(a) -the receipt by any person of a 'avment made outside the
scheduled territories, or the acquisition by .any person of
property which is outside thes'oheduled territories; or -
(b) the transfer to any person, or the creation in favour of any
person, of a right (whether present or future, and whether
vested or contingent) to receive a payment outside the
scheduled territories or to acquire property which is
outside'the scheduled territories.
S (2) Nothing in this section shall prohibit the making of any
payment in accordance with the terms of a permission or consent
granted under this Ordinance.
PART III.
-, 7 : ,
PART II.
-contd.
Payments
outside the -
Colony.
Compensation
deals.
SECURITIES.
10. C)-.Except with the perission of the Governor, no Isse:.pof
person shallin the Colony issue any security or do any act which securities.
:i-nvolves, is .in association with or ispreparatory to the issuing .
f'9' *
/-
No. 28:
S1951:
.:...1
Exchange control.
1951.
PART IHI.
-R ntd.
*.j
Cap. 219.
Transfer
securities
coupons.
. 11. (1) Except with the permission of the Colonial Treasurer,
-a security registered in the Colony shall not be transferred, and a
security not so registered shall not be transferred in the Colony,
unless, in either case, the following requirements are fulfilled,"
that is to say-
(a) neither the transferor nor the person, if any, for whom he
is a nominee is resident outside the scheduled territories;
and
(b). the transferor delivers to the transferee at or before the
time of the transfer the prescribed declarations as to his
residence and that of the "person, if any, for whom he is a
Nominee; and
(c) neither the transferee nor the person, if any, for whom he
is to be a nominee is resident outside the scheduled
territories; and '
(-d)' except where the security is registered in the Colony
otherwise than in a subsidiary register," the Colonial
Treasurer is satisfied that the requirements of paragraph
(0 of this subsection are fulfilled :
No. 28..
outside the Colony of any Security which is registered or to be
registered in the Colony, unless the following requirements are
fulfilled, that is 'to say--
(a) neither the-person to whom the security is to be issued nor
the person, if any, for whom he is to be a nominee is
-resident outside the scheduled territories; and
(b) the prescribed'evidence is produced to the person issuing
the security as to the residence of the person to whom it is
to be issued and that of the person, if any,. for whom he is
to be a nominee.
(2) The subscription of the memorandum of association of a
company to be formed under the Companies Ordinance, by a
person resident outside the scheduled territories, or by a nominee
for another person so resident, shall, unless he subscribes the
memorandum with the permission of the Governor, be invalid in
so far as it would on registration of the memorandum have the
effect of making him a member of br shareholder in the company,-
so, however, that this provision shall not render invalid the
incorporation of the company; and if by virtue of this subsection-
the number of the subscribers of the memorandum who on its
registration become members of the company is less than the
minimum number required to subscribe the memorandum, the
provisions of the said Ordinance relating to the carrying on of
business of a company.the number of whose members is reduced
below the legal minimum shall apply to the company as if the
number of its members had been so reduced.
of
and
0 ,.
.
IL951.
No. 8. Echane Cotroi
Provided, that- -
(i) neither the transferee nor his agent shall-be deemed to
have committed an offence by. reason only that the
S requirements of paragraph (a) of this subsection were
not fulfilled unless the. transferee .or, as the c:se may
be, his agent, knew or had reason to,-belieye that those
S -equirements were not fulfilled; and
(ii neither the transferor nor higagent shall be deemed to
-have committed-an offence by reason only that any of
the requirements of paragraphs (c) and (d) of this-
subsection'have not been fulfilled unless, in the case of
a non-fulfilment of the'-requirements of the said
paragraph (c), the traTnsferor or, as the case may be,
his agent, knew or had reason to believe that those
requirements were not fulfilled.
(2). Except with the permission of the Colonial Treasurer,' a-
security .not registered: in.-the 'Colony shall not-be transferred
outside the Colony if either the transferof or the transferee, or
the person, if any, for whom the transferor or transferee is or is
to be a nominee, is resident in the Colony."
(3) Except with the permission of the Colonial Treasurer--
(a) no coupon shall be-transferred 'inthe Colony if either the
transferee or the person, if any, for whom, he is, to be a
nominee is resident outside the scheduled territories;
(b) no person shall in the Colony do any act which involves, is
in association with or is-preparatory to the transfer of any
coupon outside the Colony if either the transferor or
transferee, or the person, if any, for whom the transferor-
or transferee is to be a nominee, is resident in the Colony.
12. "Except with the permission of the Governor, no person
shall, in the Colony, issue any bearer certificate or coupon or sO
alter any document that it becomes a,-bearer certificate or coupon,
and no person residelit in the scheduled territories shall in the
SColony do any act which involves, is in association with or is
preparatory to such issue oi alteration outside the Colony.
13. Except with the permission of the Colonial Treasurer-
S (1)' No person in the Colony shall do any act with.intent to
secure- .
(a) that a security which-is-
(i) registered in the Colony; or
(ii) transferable _,y means of a bearer certificate in the
Colony,
S becomes, 'or is replaced by, a security registered outside
the Colony or h security transferable .by means of a bearer
certificate outside the Colony; or
PART III.
-contd.
"/
Issue of bearer
certificates- and
coupons.
Substitution of
securities and
certificates
outside the
Colony.
V
- change C~onftol.
No. 28.
No. 28: Exchange Control.
PART III.
--contd.
Payment of
capital moneys
outside tfie
Colony. .
Duties of
persons keeping
registers.
Additional
provisions as to
nominee
holdings.
(b) that a certificate of title to any other security, is issued
-outside the Colony in substitution for or in addition to a
certificate of title thereto which is in, or is or--has been
lest or destroyed in, the Colony.
(2) No person resident" in the scheduled territories shall in,
the Colorny do afly act which involves, is in association with or is
preparatory to any such transaction outside the Colony as is
referred to in sub-paragraphs (a) or (b) above.
14. Except with the, permission of the Colonial Treasurer-
(1) No person in the Colony shall do any act with intent to
secure that capital moneys payable on a security registered in the
Colony are paid outside the Colony, or that, where the certificate
of title to a security is in the Colony, capital moneys payable on
the security are.paid Qutside the Colony without production of
the certificate to the person making the payment.
(2) No person resident in the scheduled territories shall in
the Colony-do afiy act which involves, is in association with or is
preparatory .to any such transaction outside the Colony as is
referred to in sub-paragraph (1) above.
15. Except with the permission of the Colonial Treasurer, no
person concerned with the keeping of any register in the Colony
shall-
-(a) enter in the register the name of any person in relation to
any/security unless there has been produced to him the
prescribed evidence that the entry does not form part of a
transaction which involves the doing of anything
prohibited by this Ordinance; or
(b) enter in the register, in respect of any security, an address
outside the scheduled-territories, except for the purpose of
any transaction for which the permission of the Colonial
Treasurer has been granted with the knowledge that it
involved the entry of that address; or
(c) do any act in relation to the register which recognizes or
gives effect to any act appearing to him to have been done
with such intent as is mentioned in-the two last preceding
sections, whether done by a, person in or resident in the
Colony or not.
16. (1) Where-
(a.) the holder of a security is a nominee and the person for
whom he is a nominee is resident outside the scheduled
territories; or
(b) the holder of a security is not A-nominee and is resident
outside the scheduled territories,
-then; except with -the permission of the Colonial Treasurer, no
person resident in the Colony shall do any act whereby the holder
becomes his nominee in-"respect of the security.
_ ~
1951.
201
No. 28. Exchange Control. 1 951.
(2) Except with the permission of- the Colonial Treasurer,, a PART III.
person resident in the Colony for whom the holder of a security --contd.
is a nominee shall not do any act whereby-
(a) the holder, being a person. resident outside the scheduled
.territories, holds the security otherwise than as his
no'iinee: or- .
(b) the holder. nol being a person resident outside the
scheduled.,territories, holds the security asnominee foi a
person resident outside the scheduled territories.
(3), Where the holder of a. security is -a nominee, then,
except with.the permission of the Colonial Treasurer,. neither he,
if he is resident in the Colony, nor any person resident in the
Colony through whose agency the exercise of all or any of the
holder's' rights in respect of the security are controlled, shall-
(a) do any act whereby he recognisps.or gives effect to the,
substitution of another person as the person from whom
he directly receives his instructions unless both the
person .previously instructing him and the person-
substituted for that person were,. immediately before the
substitution, resident in the scheduled territories and not
elsewhere; or
(b). do any act whereby he ceases.to be a person bound to give
effect to'the instructions of another person in relation to
the security, unless the person who theretofore instructed
him is resident, in the scheduled territories, and not
elsewhere.
(4) Where thd holder of a security.is not a. nominee-and is
resident }h the Colony, then, except with the permission of the-
Colonial Treasurer, he shall not do any act whereby he becomes
the nominee of another person in respect of the security, unless
that other person is resident in the scheduled territories and not
elsewhere.
(5) 'No person resident in the Scheduled Territories shall in
the Colony do any act which Involves, is in association with or is
preparatory to any-such transaction outside the Colony as is
referred to in this Section. -
17. (1) This and the next following section apply to any Deposit of
security except- certificates of
(a) a security which is registered in the Colony otherwise than title.
in a subsidiary register, and on which none of the
dividends or interest is payable on presentment of a
coupon; and
(b) any such other securities as may be prescribed,
and.in the following provisions of this section and in the next
following section theexpressions security ", "certificate of title."
and "coupon mean respectively a security to which the said
No. 28. Exchange Control. 1961.
PART III. sections apply; a certificate of title to such a security, and a
-contd, .coupon representing dividends or interest on such a-security.
(2) It shall be- the duty of every person by whom or to whose
Order (whether directly or indirectly) : certificate of'title is held
in the Colony, and of every person resident. in the Colony by
whom or .to whose order (whether directly oi indirectly) a
certificate of title is' held outside the .Colony, ..to 'cause the
certificate of title to be kept at all; times, except ..with .the
permission of the Colonial Treasurer, .in- the custody of an
authorised depositary, and nothing.in this Part of this Ordinance
shall prohibit the doing of anything for the purpose-of complying
with the requirements of this subsection.
(3) -Except with the permission of the Colonial Treasurer,! an.
4 authorised depositary shall not part with any certificate of title
or coupon required under- thlissection to be in the custody of an
authorised depositary :
S- Provided that this subsection shall not prohibit an authorized
depositary-
(a) from parting with a certificate of title or coupon to or-to
-the order of another authorised depositary, where the
.. person, from whom the other authorised, depositary is to'
receive instructions in relation-thereto is to be the same as
the person from whom he receives instructions; _
(b) from parting with. a certificate of- title, for the purpose of
obtaining payment of -capital moneys payable on the
security, to the person entrusted with payment thereof;
S: (c) from parting with a coupon in the ordinary. course of
collection,
(4) Except with the permission of the Colonial Treasurer, no
capital moneys, interest or dividends shall be paid in the Colony
on any security except to. or to the order of an- authorised
-depositary having the custody of the certificate of title to that
Security, so, 'however, that this subsection shall not be taken as
restricting the manner in which any sums lawfully paid -on
account of ,the capital moneys, interest or dividends'may be dealt
with by the person.receiving them.
(5) Exceptwith the permission of the Colonial Treasurer, an
authorised depositary shall not.do any act whereby he recognizes
o r gives effect to the substitution of one person for another as the
person frdm whom he receives instructions in relation to-a
Certificate of title or coupon, unless there is produced to him the
Prescribed evidence that he is not by so doing giving effect to any
transaction which is prohibited by this Ordinance.
(6) Where a certificate of title which under this section
should for the time being be. in the custody of an authorised
depositary is not in the' custody of an authorized depositary, then,
except with the permission of the Colonial Treasurer, no person
Exchange Control.
shall in the Colony, buy;-sell, transfer, or do anything which PAI
affects his rights or powers in relation to, the security, or .do any -c
act which involves, is in. association vith or is preparatory to any
such transaction outside the Colony.'
(7) Except with the permission of the .Colonial Treasurer, nio
person in or resident in the Colony shall, in-the case of a
certificate of title with coupons (whether attached o'r of separate
Scoupon-sheets), detach any of the-coupons otherwise than in the.
Ordinary course for collection.
18. (1) Where a certificate of title to a security is by the last Adc
preceding section required to be- and is in the custody of an pro
authorised depositary, the provisions of this section shall, except dep
so far as the Colonial Treasurer otherwise directs, have-effect in cer
relation thereto until-
a) there are delivered to him the prescribed declarations as
tothe ownieship of the-security and the residence of the
owners thereof; and
(b) in the case of a certificate of title which-:
( i). would ordinarily be accompanied by coupons
(whether attached or on separate coupon sheets); but
'(ii) when it comes into the custody of. the
authorised depositary wants, in order- to render it
complete, any coupons which would not in-the ordinary
course have been detached for collection,
-there have also been deposited with him, the coupons so
wanting at the time when the certificate of title comes
into his custody :
Provided that where the said declarations have been delivered
to an authorised-depositary .and he has parted with the certificate
of title, paragraph (a) of this subsection shall not again apply on
the certificate coming into the custody of another authorised
depositary or again coming into his own custody.
(2) Except with the permission of the Colonial Treasurer,,the
authorised depositary shalr not part with or destroy the certificate
of title or any coupons belonging thereto, otherwise than as
mentioned In paragraphs (b) and (c) of the proviso to subsection-
(3) of the last preceding section, or do any act whereby he
recognises or gives effect to the substitution -of one person for
another as the person from whom'-he receives -instructions in
relation thereto:
Provided that, where the person from whom an authorised
depositary receives instructions in relation to any certificate of
title becomes bankrupt in the Colony or dtes, this subsection.shall
not prohibit the authorised depositary, from recogn4sing the
trustee in bankruptcy or personal representative as the person
entitled to give instructions in relation to thei-cektifoate of title.
T III.
:ontd.
litional
visions as to
osited
tificates.
1951.
_ ~C
204
No. 28.
Exchange Control.
1951.
SPAR III. (3) The authorised'depositary shall place any capital moneys,
-contd. dividends or interest on the security received by him to the credit
of the person by virtue of whose authority he received them, but
shall not permit any part-of the sums received to be dealt with '
except with the permission of the Colonial Treasurer.
Special 19. (1) The Governor may, if in his opinion there are
- provisions as to circumstances rendering it necessary or expedientso to do, by
dealings in order direct that this section shall apply to such securities as may
certain be prescribed, being securities on which capital moneys, dividends-
seaurities. or interest are payable in a specified currency or as respects which
the, holder has an option to require payment of any capital
moneys, dividends or interest thereon in a specified currency.
(2) Except with fhe permission'of the Colonial treasurer, no
person shall, in the Colony, transfer, or do anything which affects
his rights or powers' in relation to, any security to which this
section applies, and no person resident in, the Scheduled
Territories shall'in the Colony do any act which involves, is in
association with or is preparatory to any such transaction outside
the Colony.
Validation of 20. (1) The title of any person to a security for-which'he has
retain .given value on a transfer thereof, and the title of 11 persons
transfers. claiming through or under him, shall, notwithstanding that the
Transfer, or any previous transfer, or the issue of the security,
was by reason of the residence of any person concerned other
than the first-mentioned person prohibited by the provisions of
this Ordinance relating to the transfer or 'issue of securities, be
valid unless the first-mentioned person had notice of the facts by
reason of which it was prohibited.
(2). Without prejudice to the provisions of subsection, (1) of
this section, the Colonial Treasurer may issue a certificate
'declaring, in relation to a security, that any acts done before-the
issue of the certificate purporting to effect the issue or transfer
of the security, being acts which were prohibited by this
Ordinance, are to be, and are always to have been, as valid as if
they had been done with the permission of the competent
authority, and the said acts shall have effect accordingly.
(3) Nothing in this section shall affect the liability of any
person to prosecution for any offence against this Ordinance.
Application of 21. .(1) This Part of this Ordinance shall' apply, with such
Part III to modifications (if any) as may be prescribed, in relation to any
secondary -such document as is mentioned in the following subsection," as if
securities, the document created,- and were the certificate of title to, a
security (hereafter in this ordinance referred to as a "secondary
security ").
(2) The documents referred to in the preceding subsection
are any letter of allotment which may be renounced, any letter of
No. 28. Exchange Control. 1951.
-- --- --
rights, any warrant conferring an option to acquire a security, PART III.
any deposit certificate in respect of securities (but not including --contd.
a receipt by an authorised depositary-for any certificate of title
'deposited in pursuance df this Part of this Ordinance), and such
other documents conferring, or containing .evidence of, rights as -
may be prescribed.
22. (1) In this Part of'this Ordinance- Interpretatipn
(a) the expression ".registered" includes inscribed; of Part III
(b) the expressions. "registered in the Coloy and
"registered outside the Colony" mean respectively,
registered in a register in, and registered in a register
outside, the Colony;
(c) the expression security which is registered in the Colony
otherwise than in a subsidiary register'. means a security
which either-
(i) is registered in the Colony and is not and
cannot, without the necessity for an entry in the
register in the Colony, become registered outside; or
(ii) is registered both in the Colony and outside
but on a transfer cannot, without the necessity-for an
Sentry in the register in the Colony, become registered
outside in the name of the transferee; and
(d) the expression "a register" includes any book, file or
index in which securities are registered.
(2) For the purposes of any provision of this Part of this
Ordinance prohibiting the transfer of securities, a person shall be
deemed to' transfer a security if he executes any instrument of
transfer thereof, whether effective or not, and shall be deemed to
transfer it at the place where he executes the instrument.
(3) References in this part Of this Ordinance to the person
holding a certificate of title or coupon shall be construed as
references to the person having physical custody of the certificate
of title or coupon :
Provided that where -the certificate of title or coupon is
deposited with any person in a locked or sealed receptacle from
which ie is not entitled. to remove it without the 'authority of
some other person, that pther-person shall be deemed for the
purposes of this provision to have the physical custody thereof.
(4) In this plart of this Ordinance, the expression holder "-
(a) in relation to a security transferable by means of a bearer
certificate or to a coupon, includes the person holding the
certificate or coupon; and
(b) -in relation -to a security which is registered in the'name of
a deceased person, or @f any person who, by reason of
bankruptcy, unsoundness of mind or Any other disability
S206
-' No. 28.
Exchange ContreZ.
PART- III
-contd_
S o I'
is- incapable of transferring the--secprity, means the
personal representative, trustee in bankruptcy or other
person entitled to transfer the security.
(5) The holder-of a security.or coupon shall be deemed for
the purposes of this FPart of this Ordinance to be a nominee in
-espedt thereof if, as respects the exercise of any rights in respect
thereof, he is not entitled' to exercise those rights except inii
accordance with instructions given by some other person, and
references in thip Part of this Ordinance to the person or whom
the holder'of a security or coupon is a nominee shall be construed
Sas references to the person who is entitled to give instructions,
either directly or through the agency of one.or more persons, as
to the exercise of any-rights in respect of the security f6r coupon
and is- not in so, doing himself under a duty to comply with
instructions given by some other person:
Provided that--
(a) -d person shall not by- reason only.that he has a controlling
interesting a body corporate be deemed for the purposes of
his subsection to be-entitled to give instructions to that
body corporate as to the exercise of rights in respect of
any security or coupon of which it is the holder; and
(b) a person shall not be deemed to hold a security or coupon
as a nominee by reason only that he holds it as trustee if
.he is entitled to transfer the security or coupon without
permission from any other person.
(6) A certificate of title shall not for the purposes of this
Part of this Ordinance be treated as in the custody of an
authorised depositary if either-
S(a).the depositary has no notice-of the nature of the
certificate; or .
(b) .the certificate is deposited with him in a locked or-sealed
receptacle from which he is not. entitled to remove it
without the authority of some other person.-
(7) Where a certificate of title outside the Colony is by this
Part of this- Ordinance required to be kept in the custody of an
authorised depositary, it shall be deemed to be in the custody of
an authorised depositary if- ,
(a) by his direction or with his assent it is in the custody of
.some other person who holds .it on behalf of and to the
order of the authorised depositary; and
(b) the certificate is not deposited with that other person in
a locked or sealed receptacle from which he is not entitled
to remove it without the authority of a- person other than
S himself;
and where a certificate of title is by virtue of this subsection -
deemed to be in the custody of an authorised depositary,.
1951.
I
No. 28.
p,
S: 1951.
references in this Part of this Ordinance to the depositary parting PART III.
with the certificate or a coupon belonging thereto.-shall be -contd,
construed as references to his permitting the person having the
actual custody thereof to part with it otherwise than to the
depositary, and references to his destroying the -certificate or
such a coupon shall be construed as references to his permitting
it to be destroyed.
PART I.V.
IMPORT AND EXPORT.
23. (1) The importation into the Colony of--
(a) any notes of a class which are or have" at any time been
legal tender in the United Kingdom or any part of the -
United Kingdom; and
(b) any such other notes aslmay be specified by order of the-
Governor, being notes issued by a bank or notes of a class
which are or have at any time been legal tender in any
territory; and
(c) any certificate of title to any security, including any such
certificate which has been cancelled, and- any document
certifying the destruction, loss or cancellation of any
certificate of title to a. security,
is hereby prohibited except with the permission of the Colonial
Treasurer. -
(2) In this section the expression note includes part of a
note ancl. the expression security includes a secondary security.
24. (1) The exportation from the Colony of-
(a) any notes of a class which are or have at any time been
legal tender in the United Kingdom or any'part of the
United Kingdom or in any other territory; and
(*b) any postal orders; and
(c) any gold; and
(d) any of the following 'documents (including any such
document which has been cancelled), that is to say-
(i) any certificate of title to a security and any
coupon; and
(ii) pny policy of assurance; and
(iii) any bill of exchange or promissory note
expressed in terms of .a currency other than that of
'the Scheduled Territory and payable otherwise than
within the Scheduled Territories and
(iv) any document to which section foup' of this
Ordinance applies not issued by an authorised dealer
or in pursuance of a permission granted by the
Colonial Treasurer;
Restrictions on
import.
General
restrictions on
export.
N
S207
Exchange Control.
No. 28.
PART IV.
-contd.
Payment for
exports.
and any document certifying the destruction, .loss or
cancellation of any of the documents aforesaid; and -
(e): any such articles exported on the person of a traveller or
iri a traveller's baggage as may be prescribed,
is hereby prohibited except with the permission of the Colonial
Treasurer.
(2) In this section, the expression "note includes part of a
note, the expression "security" includes a secondary security and
the expression "coupon" shall be construed rin accordance' with
the meaning of "security ".
-25. (1) The exportation of goods of any class or description
from the Colony to a destination in any such territory as may be
prescribed is hereby prohibited except with the permission.of the
Colonial Treasurer,'unless the Collector of Customs is satisfied-
S() that payment for the goods has been, made td a person
resident in the Colony in such manner as may be
prescribed in relation to goods of that class or description
exported to a destination in that territory,' or is to be so
made not later than six months after the date of
exportation; and
(b) that the amount of the'payment that has been made or is
to be made is such as to represent a return for the goods.
which is in all- the circumstances satisfactory in the-
national interest:
Provided that the Colonial Treasurer may direct that, in
cases to which the direction applies, paragraph (a) of this
subsection shall have effect as if for the reference to six months
there were substituted a reference to such longer or shorter period
as may be specified in the direction, or as if thp words or is to be
so made not later than six months after the date of exportation"
were omitted. -
(2) For the purpose of satisfying himself imn te ease of any
goods as'to the matters specified in subsection (1) of this section,
the Collector of Customs may require the person making entry of
the goods for export to deliver to the collector or other proper
officer together with the entry such declarations signed by such
persons as he may require, and where any such declaration has
been so required the. goods shall not be exported until it has been
delivered as aforesaid.
(3) Where the Collector qf Customs is not satisfied in the
case of any goods as to the matters specified in paragraph (b) of
the said subsection (1), he shall give his reasons to the person
making entry of the goods for export and shall take into
consideration'any representations made by him.
(4) Any reference in this section to the destination:of- any"
goods includes a reference to the ultimate, destination thereof.
--Exc Control,
' Exchange Control.
1
- 1951.
PART V.
-MISCELLANEOUS.
26. (1) :Except with the permission of the-Colonial Treasurer,
no person resident in the Colony. who has a 'right (whether
--present or future and whether-.vested or contingent) to receiVe
:any -specified currency, or to receive from a person resident
outside the scheduled territories a payment in sterling or British
West Indian dollarss shall do, or refrain from doing, any act with
intent to secure or shall do any act which involves, is in
association with or is preparatory to any transaction securing-
(a) that the .receipt by him of the whole or part of that
-currency or, as the case-may be, bf that payment in.
sterling or British West Indian dollars, is delayed; or
(b) that the currency or payment ceases, in whole or in part,
to be reeeivable'by him :
Provided that nothing in this subsection-
S () shall, unless the Cqlonial- Treasurer otherwise directs,
impose on any person any obligation, in relation to' any
debt arising in the carrying on of any trade-or business, to
procure the payment thereof at an earlier time than is.
customary in the course of that trade or-business.; or
(ii) shall, unless. the Colonial Treasurer otherwise directs,
prohibit any transfer to a person resident in the Colony
and not elsewhere of any. right to receive any specified
currency or paynfent in sterling or British West Indian
dollars.
(.2) Where a person has contravened the provisions of
subsection (1) of this section in relation to any specified currency
--or payment in sterling or British West Indian dollars the
-Colonial Treasurer may give to him- or to any other person
-vho appears to the Colonial Treasurer to be in a position
to give- effect, thereto (being a person' in or resident
in the Colony; such directions as appear to the Colonial Treasurer
.to be expedient for the purpose of obtaining or expediting the
receipt of the currency or payment in question, and, without
prejudice to the generality -of the preceding provisions of this
subsection, may direct that thereshall be assigned'to the Colonial
.Treasurer, or to such person as may be specified in the directions,
the right to receive the currency or payment or enforce any
security for the receipt thereof.
27. (1) Where-
(a) any permission or consent has been granted under this
Ordinance, or under any corresponding provision of the
law in force-in any territory comprised in the scheduled
territories subject to-a condition providing that, or on the
faith of an application :stating an intention that, any
S goods should be sold outside the scheduled territories; or
Duty to .collect
certain debts -
Duty not to ,
delay sale or
importation of
Goods.
-110. 28.
i951.
Exchange Control.
No. 28. Exchange Control, 1951.
PART V.
-contd..
(b) any statement or declaration-has been made under any
provision of this Ordinance or any 'such corresponding
provision as aforesaid that any goods are to be sold outside
the scheduled territories; or
(c) any currency has been obtained in, or by any person
" resident in, the scheduled territories on the faith of an
application stating an intention that any goods should be
.sold outside the scheduled territories,
then, except with the permission of the Colonial Treasurer, no
person resident in the Colony who is entitled to sell or procure
the sale of the said goods shall do, or refrain-from doing, any act
with intent to secure or shall do any act-which, involves, is in
association with or is preparatory to any transaction securing-
(i) that the 'said sale is delayed to an extent which is
unreasonable having regard to the -ordinary course-of
trade; or
(ii) that, on the said sale, any-payment made for the goods is-
not made in the manner indicated by the condition,
statement, or declaration, as the case may be.
(2) Where-
(a) any permission or consent has been granted under this
Ordinance, or under any corresponding provisions of the
-law in force in any territory comprised in the scheduled
territories, subject to a condition providing that, or on the.
faith of an application stating an intention that, any
goods should be imported frQm outside' the. scheduled
territories into'any part of the scheduled territories; or
(b) any currency has been obtained in, or by any person
resident in, the scheduled territories on the faith of an
application stating an intention that any goods should be
so imported,
then, except with the permission of the Colonial Treasurer, no
person resident in the, Colony who is entitled to procure the
importation of the said goods shall do, or refrain from doing, any
act with intent to secure that the importation thereof is delayed
to an extent which is unreasonable having regard to the ordinary
course of trade.
S(3) Where in any such case as is specified in paragraph (a),
(b) or (c) of subsection (1', or paragraph (a) or (b) of
subsection (2), of this section-
(a) the goodslhave not been sold or imported as indicated by
the condition, statement or declaration within the time
thereby indicated or, if no time is thereby indicated, a
reasonable time, or (in either case) within such further
time as may be allowed by the Colonial Treasurer; or
(b) it appears to the Colonial Treasurer that the goods cannot
be sold or imported as indicated by -the condition,
statement or declaration,
;.,..-.. J.
Exchange Control.
1951,
No.. 28.
2i1
Exela nz gT Conro.
No. 28.
,961.
the Colonial Treasurer may give to any person resident in the PART-V.
Colony who appears to the Colonial Treasurer to be in a position --contd. .
to give effect. thereto such directions as appear to him to be
expedient as to the manner in which the goods are to be dealt
with.
4) Without prejudice to the generalist of the .provisions of
the last preceding subsection, the power conferred thereby on the
-- Colonial Treasurer to give directions shall extend to the giving of
directions 'that the g'oads shall be assigned to the Colonial
Treasurer or to a person specified in the directions. "
(5) The powers conferred by the two- last preceding
subsections in-relation to any goods shall extend to the giving of
directions with respect to any -goods produced or manufactured
therefrom, aiid, where.goods to be sold outside the scheduled
,territories or to be imported were to be produced or, manufactured
from other goods, to the giving of directions with respect to those
other goods and any goods produced or manufactured from those
other goods.
28. (1) Where a persori- Property .
(a) has made any payment which is prohibited by this obtained by
Ordinance ; or infringement of
(b) being bound under this Ordinance to offer or cause to be ordinance.
offered any specified currency to an authorised dealer, has.
otherwise disposed of that currency,
the Colonial Treasurer may direct him to sell:or procure the sale
of any property which he is entitled to sell or of which he is
entitled to procure the sale, being property which represents,
whether directly or indirectly, that payment or that specified
currency, as the case may be, and may by-the same or a subsequent
direction specify the manner in which, the persons to- whom and
the terms on 'which the property is to be sold.
(2). Without prejudice to the generality of the provisions of
subsection (1) of-this section, the power conferred thereby on the
Colonial Treasurer to give directions shall-extend to the giving of
directions that, the property shall be assigned to the Colonial
Treasurer or to a person specified in the directions.
29. (1) Where, under tfie preceding provisions of this Part Provisions
of this Ordinance, the Colonial Treasurer has power to give I sppleiri ntal
directions that any right to receive any currency or payment in to preceding
sterling or British West Indian dollars or to enforce any security provisions of
for the receipt thereof, any goods, or any other property shall be Part V.
assigned to the Colonial -Treasurer, the Colonial Treasurer shall
also have power to direct that the right, goods or property shall
vest in the Colonial Treasurer and it or they shall vest in the
Colonial Treasurer'accordingly free from any mortgage, pledge or--
charge, and the ColOnial Treasurer may deal with it or them as he
thinks fit,'
PA14T V.
-contZ.
S No. 28.
Exchange Control.
1951,
S (2)' Whqre, in -pursuance /of directions under -the said.
S provisions, any right, goods or property is or are assigned to the'
S Colonial Treasurer or to a person specified in the directions, or
any right, gpods or property vests or vest in the Colonial Treasurer
in pursuance. of directions given under subsection (1) of this
S section, the Colonial Treasurer shall pay the ne.t sum recovered'
by him in respect of the right, goods or property to the person
making the assignment-or,. in the case of any right, goods or
Property vested'in the-Colonial Treasurbr under subsection. (1) of
this section, to the person who, but for the directions, woild be
entitled to the-right, goods or property.
Transfer of 30. (1) Except with the permission of the Colonial Treasurer, -
annuities, no person resident in the Colony shall transfer to a person
policies, etc.' resident -outside the scheduled territories, or who is to be a
nominee for a'person resident outside the scheduled territories,
any right to the sums assured by a;y policy of assurance, so,
however, that where the person. liable for the sums so assured
makes any payment thereof to a persofi resident in the scheduled -
territories and not elsewhere, or makes,, with- the permission of
the Colonial Treasurer, any payment thereof to any other person,-
a ) he shall not be bouad to enquire as to theresidence of any
person other than the person to whom, and (if it is not
the same person) the person to whose order the payment
is madetand
(b) tle payment shall, to the extent of the sums paid,
discharge him from his liability under the- policy,'-
notwithstanding that the payment is made to or to the
order of. a person who was not entitled thereto otherwise
than by virtue of a transfer prohibited by this subsection.
(2) Subsections (2) and (3) of section 20 of this Ordinance
shall apply in relation to any transfer prohibited by this section
Sas they apply in relation" to -a transfer prohibited by-this
Ordinance of a security.
(3) In, this section, the expression nominee has, in relation..
to any policy, annuity or insurance, the same meaning as the said
expression has in Part III of this Ordinance in relation to a
security.
-Settlementls.
31. (1) Except with the permission of the Colonial Treasurer,
no person resident in the Colony shall settle any property,
otherwise than by will, so as to' confer an interest in the property
on a person who, at the time of the settlement, is resident outside
the scheduled territories, or shall exercise, otherwise than by will,
,any power of appointment, whether created by will or otherwise,
in favour of a person who, at the time of the exercise of the
power, is resident outside the scheduled territories.
I'
I I I
^ ./* : ".*"' *- < '.' ~ 7' ' -'
-Exchange Control. -
. 1961.
- "N
(2) A settlement or exercise of a power of appointment shall Pi
not be invalid by reason that it is prohibited by this section,-
-except so far as it purports to confer any interest on any person
who, at the time of the settlement or the exercise of the power, is
resident outside the scheduled territories.
(3) Subsections (2) and (3) of section 20 of this Ordinfance
halll apply in relation to a settlement or the exercise of a over
' of-apppintment prohibited by this section as they apply in relation
to-.atransfer prohibited by this-Ordinance of a security.
(4) For the pfirpose of this section-
S (a) any reference to. settling property includes a reference to
the making ..of any .disposition, covenant, agreement or
S arrangement whereby the property becomes subject to a
trust, or (in the.case'of a -settlement) to a diferenttrust; -
and '
(b) a person shall. be deemed to have an interest in property,
--if he has a beneficial interest therein, whether present or
future, and-whether- vested or contingent, or fails within
Sa limited class of persons in '-hose favour a.discretion or
power in respecf'of the property is exercisable; and
(c) the expression "will." includes any testamentary
dispositionbr
(5) No person resident in the Scheduled Territories shall in
the Colony do any act which involves, is in association with o'
..is preparatory to- any such transaction outside the Colony as is
referred to in this section.
32. (1) Where there is served on any person resident in the
Colony a notice in writing that the Colonial Treasurer Wishes any.
s'c~ Hi requi'ccments as are hereinafter mentioned to be complied
'.Lh b.v ay such body. co0 m''rate a s is specified in thl Second -
Schedule to -his Ordinance (hereafter in this subbseation referred
to- as a" foreign company ") and that person can, by doing or
refraining from doing any act,
(a) cause the foreign company to comply with any of the
-requirements; or
(b) remove any obstacle to the foreign company complying
with any of the requirements; or
(c) render it in any respect more probable that the oqraign
company will comply with any of the requirements, -
then, except so far as permission to the contrary may be given
by the Colonial'Treasurer, that person shall do, or, as the case
may be, refrain from doing, that act.
The requirements with respect to which such-a notice may be
S given are as follows, that is to say, that the foreign company
: 1 1shall-
No. 28. -
ART V.
contd.
1'
Companies.
No. '8. Exchange Control. 1951.
PART V. () furnish to the Colonial Treasurer such particulars as to
-contd. -. ,its assets and business as may be mentioned in the notice;
(ii) sell or procure the/sale to an authorized dealer of any
gold or specified currency mentioned in the notice; being
gold. or specified currency/which it is entitled to sell or of
which.it is entitled to procure the sale;
S (ii) -declare and pay such dividend, as may be _mentioned in
the notice;
(iv) realisee any of its assets mentioned in the notice in such
manner as may be so mentioned;
(v) refrain-from selling, transferring, or doing anything
which affects its rights or powers in relation to, any such
securities as'may be mentioned' in the notice.
(2) Except with the permission df t-e,.Colonial-Treasurer, no
person-resident in the Colony shall ,do ariy act. whereby a body
corp&ate. which is by any means controlled (whether directly or
indirectly) by persons resident in the Colony ceases to be
controlled by persons resident in the Colony:
Provided- that this subsection shall not prohibit any person
from selling any securities -authorised- to be dealt in on any
recognized stock exchange in the Colony if the sale takes place
in pursuancesof an agreement entered into in the ordinary course
of business on tlat exchange.
No person resident in the Scheduled'Territories shall in the
Colony do any act which involves, is in association with or is pre-
paratory to any such transaction outside the Colony as is referred
to in this sub-section;
S (3) Except with the permission of the Colonial Treasurer, no
person resident in the Colony shall lend any money or securities
to any body corporate resident in the scheduled territories which
is by any means controlled (whether directly or indirectly), by
persons resident outside the scheduled territories:
Provided that this subsection shall not apply where the lender
after making such enquiries as are reasonable in the circumstances
Sof the case does not know and has no reason to suspect that the
body corporate is controlled as aforesaid.
No person resident in the Scheduled Territories shall in the
Colony do any act\ which involves, is in association with or is
preparatory to any such transaction outside the Colony as is
referred to in this sub-section.
(4) For-the purposes of this section and of the Second
Schedule to this ordinance, persons resident in the Colony or
outside the scheduled,territories shall be deemed to control a body
corporate notwithstanding that other persons are associated with.
them in the control thereof if they can together override those
other persons.
'(5) In this section the expression "security" includes a
secondary security.
i '.
Na.-i ; .Ex e- 15
No. 28. Exchange C
ont
rol. 1951.
PART VI.
SUPPLEMENTAL.
33. ,Any provisionof this Ordinance imposing any obligation Exemptions.
or prohibition shall have effect subject to such exemptions as may;
tbe granted by order of the~Governor, and any such exemption -
may be either absolute or conditional.
34. Where-
(a)' under any provision contained in Part II of this Ordinance,
the permission of the Colonial Treasurer is required for
the making of a payment or the placing of any sum to the
credit of any person resident outside the scheduled
'territories; or
.(b) any payment falls to be made by an authorised dealer oh
the sale-of any gold or specified currency by any foreign
company within the meaning of subsection (1) of the
concluding section of Part V 6f this Ordinance, being a
sale'made to comply with, any requirement notified under
that subsection,
the Colonial Treasurer may direct that the sum payable or to be
credited shallbe paid or credited to a blocked account only, and,
where such a direction is given, the-provisions of the Third
Schedule to this Ordinance shall have effect in relation to the
payment or crediting of the sum.
-35. (1) It shall be an implied condition in any contract that,
where, by, virtue of this Ordinance, the permission or consent of
the Colonial Treasurer is at the time of the contract required for
the performance of any term thereof; that term shall not be
performed except in so far as the permission or consent is given
or is not required :
Provided that this subsection shall not apply in so far as it is
shown to be.inconsistent.with the-intention of the parties that it
should apply, whether by reason of their having contemplated
the performance of that term in despite of the provisions of this
Ordinance or for any other reason.
(2) Notwithstanding anything in the Bills of Exchange
Ordinance, neither the provisions of -this Ordinance, nor any
condition, whether 'express or to be implied having regard to
those provisions, that any payment shall not be made without the
permission of the Colonial Treasurer under this Ordinance, shall
be deemed to prevent any instrument being a bill of exchange or
promissory note.
(3) The provisions of the Fourth Schedule to this Ordinance
shall have effect With respect to legal -proceedings, arbitrations,
Bankruptcy proceedings, the administration of tle estates. of
deceased persons, the winding up of companies,; aid proceedings._
under deeds of arrangement or trust deeds for behoof of creditors.
Blocked
accounts.
Contracts, legal
proceedings,
etc.
Cap. 217.
' N
I -
/ *' "
No. 28. : Exchange Control. 1951.
PART- VI.7 36. (I) The provisions of the Fifth' Schedule to' this
S-contd. '' Ordinance shall have effect for the purpose of the enforcement of
Enforcement this Ordinance.
and. : (2) Personis i;lonhein to the following classes, that is to say-
administration.
S (a) bankers, authorised dealers, aithoriscd depositaries;
(b) persons to whom- any powers of the competent authority
S-
S(c). persons who 'with the permission of the competent
authority are-Ii possession of documents which would, but,
for permission, have to be in the custody ofan authorised
*. depositary.
S(d) persons concerned with:the keeping of any regiSter in the
Colony; and
S(e) -persons entrusted with the payment of- capital moneys,
Dividends or -interest in the Colony,
shall comply with such directions as-may -be--given to them
Respectively by the. Colonial Treasurer, being-
(i) in the case of any such persons, directions as respects the
-exercise of any:functions exercisable by them by virtue of,
or by virtue of anything doe.. under, any provision of thi&-
Ordinance; or
(-ii) in the case of authorised dealer, such directions as
aforesaid'or directions as to the terms on which they are
to accept gold or foreign currency or directions requiring
them to.offer their gold or specified currency.for sale to,
the Bank of England on such terms as may be specified in
any such directions.
Application to
Crown.
Governor's
orders.
Other powers.
. 37. This Ordinance shall bind the Crown and shall apply to
-transactions by a. Government department or ,other person acting.
oh behalf-qf the Crown, and the competent authority shall not, by
virtue of any contract made by him or on his behalf in relation to
any securities, be under any obligation to grant any permission
under Part III of this Ordinance or any exemption from the
provisions.of the said Part III.
3 -. The Governor may by order-make such transitional
provision as appear to him necessary or expedient in consequence
of the exercise by him of any other power to make orders under
'this Ordinance.
S39. (1) Any permission, consent or authority granted under
this .Ordinance-
(a) may be either gefieral or special; and
(b-)' may be revoked by the competent authority; and
(c) may be absolute or conditional; and
C(-) may. be limited so as to expire- on a specified date, unless
renewed; and
No. 28. -, :, '..' Exchange-Control. 11.
(e) shall be published in such a way as, in the opinion of the PAHT VI.
competent authority, to- give any person entitled to the -contd.
/ benefit.of it an adequate opportunity-of getting to know of
it, unless in his opinion publication is not necessary for
that purpose.
(2) Any directions given under any provisib of this
Ordinance-
(a) may be eithergeneral or special; and
(b) may be revoked or varied by subsequent directions; and
'(c) shall be given-to such persons and in such -manner as the
e competent 'authority thinks- appropriate, and if so given
shall be valid for all purposes.
S(3) Notwithstanding paragraph (c) of the. last preceding-
subsection, a person shall not by virtue of any directions given by
the competent authority-under, this,-Ordinance, be convicted of
an offence against this Ordinance, unless the direction was served
on him or he knew, or avoided getting to know, of -the giving -
thereof :
-Provided that where reasonable steps were taken for the-
purpose of bringing the purport of the direction to his'notice, it
'shall be .for him to show that he neither knew nor avoided getting -.
to know of the giving thereof. -
S(4) 'rhe ompdtent authority may, to such extent and subject
to such restrictions and conditions as he may think proper,
delegate or authorise the delegation of any of his powers (other
than any power to make-orders or to give authority to apply for a
.search warrant) to any person, or class-or description of persons,
approved by him, and references in this ordinance:.. shall be
construed .accordingly.
(5) Any document stating that any.- permission, consent,
-authority or direction is given under any of the provisions -f this-
ordinance by.the competent authority, and purporting to b6signed
on his behlf, shall- be evidence of t'lfe facts stated in the e
document.
40. Any expenses- incurred under or by virtue' of this Financial
Ordinance by any Go;ernment department shall be paid out..of provisions.
nmoneys provided by the Legislative Council, and any sums
received under or by-virtue qf this Ordinance by any Government
department shall be paid into the Colonial Treasury.
4_ (1) -The Governor may by order or- direction provide Branches
.that, for such of the purposes of this' Ordinance as may be
.specified in the order or direction-
(a) any trafisaction with or byNa branch of any business, .
whether carried on by a.bddy corporate or otherwise, shall
-Ibe treated in all respects as if the branch were a body
corporate resident where the branch is situated; and'
1ExchangeControl. 195
Exchange Control. 1951. I
No. 28.
PART VI.
-contd.
/
Persons leaving
S the scheduled
territories.
Determination
of residence.
42. Where a' person resident in the Colony leaves the-
'scheduled territories, the Colonial Treasurer may, before, at or
after the time he leaves the scheduled "territories, direct that, for
such period as may be specified in the direction, payments by
Jhim or on his behalf and to him or to his credit and transactions
in or iri relation to securities or secondary securities in which he
is in. any way concerned.shall, whether or not he continues to be
resident' in the Colony, be subject to such restrictions as may-be
specified in the direction.
43." (1) For the purposes of this, Ordinance, a personal
representative of a deceased person shall, unless the Colonial
Treasurer otherwise directs, be treated as resident in the territory
where the deceased person was resident for -the purposes .in
question at the time of his death and .as not resident elsewhere,
so far as relates to- any matters in which .the personal
representatives concerned -solely in his capacity as such.
(2)- The Colonial Treasurer may give directions declaring.
that for all or any of the purposes of this Ordinance a person is to
be treated as resident or not resident in such territories as nray
be specified in the directions.
S(b) the makingof any book entry or other statement recording
Sa debit against a branch of any business- in favour of any
other branch of that- business shall be treated as a
payment to that.other branch; and, "
(c) :any property held by or on behalf of the person carrying
on the business shall be deemed to be held by such of the
branches of the. business as may be determined in
accordance, with the order or direction,
and any such order or direction which makes, for any of the
purposes of Part III .of this- Ordinance,' such provision as is
mentioned in paragraph (c) of this subsection may contain
provisions declarifig the circumstances in which a branch is to be
- treated as nominee for any other branch.
(2). Any'reference in subsection (1) of this section to a
branch of a business shall be deemed to include a reference to
the head office of that business.
(3) Subsections (1) and (2) of this section shall apply in
S relation.to any body of persons (whether corporate or unincor-
porated), carrying on any activity, whether for the purpose of
S profit or not,'as they apply in relation to a business.
-
7./
No. 28.
Exchange Control.
1951.
SCHEDULES.
Section 3.
FIRST SCHEDULE.
THE SCHEDULED TExRITORIES.
1. The fully self-governing- countries of the British( Commonwealth except
Canada.
2. Any Colony under the dominion of His Majesty.
3. Any territory administeredd.by the government of any part of His Majesty's
dominions under the trusteeship system of the United Nations.
4.- Any British protectorate or British protected state.
5. South West Africa.
6. The Irish Republic.
7. Iraq.'
8. Iceland.
-9. Burma.
10. The Hashemite Kingdom of the Jordanr .
S- SECOND SCHEDULE. Sections 22 & 24.
FOREIGN COMPANIES. -
1. The bodies corporate in question are bodies corporate not incorporated
under the law of the Colohy in the case of which any of the following conditions
is fulfilled :-
(a,) that the body corporate is by any means controlled (whether directly or
indirectly) by persons resident in the Colony;
(b') that more than one-half bf the sums which, on a-liquidation thereof,
would be receivable by holders of share or loan capital would be
receivable directly or indirectly by or-for the benefit of persons resident
in the Colony;
(c) that more than one-half of the assets which, on a liquidation thereof,
would be available for distribution"after the payment of creditors would
be receivable directly or indirectly by or for the 'benefit of persons
resident in the Colony; or
(d) that more than one-half-
(i) of the interest payable on its loans and loan capital, if any;' or
(ii) of the dividends payable on its preference share capital, if any;
or
(iii) of the dividends payable on its share capital, if any, not being
preference share capital,
is receivable directly ,or indirectly, by or for the benefit of persons
resident in the Colony.
2. Where the identity of the persons by whoi.or for whose benefit any sum,
assets, interest or dividends are directly or indirectly receivable depends on the
exercise by a person resident in the Colony of a power of appointment or dMmilr
power, the sum, assets, interest or dividends' shall, for the purposes of this'
Schedule, be deemed to be receivable directly or indirectly by or for the b6rlfit of
psersonsrresitent in the Colony.
t THIRD SCHEDULE.
BLOCKD ACCOUNTS. Section 34,
1. In this Schedulte, the expression "-a-blocked-aceaunt" means ani account
opened as a blocked 'aceoun'atar office oriblanch in.theC olonyii :favour of any
Spersop by a banker authorized by the Colonial Treasurer to-open blocked accounts,
and the expression the banker means, in relative to any person, a' banker Who
.epqns'a blocked account in favour of that person.
2. Where a- direction. is given that a payment is to be made t -a, blocked
account only, then, subject to the next following paragraph- -
(a) the manner-in which the payment may be. made shall be either-
(i) to the banker, with a-direetion that it is:to be credited to a
blocked account of that -posen- .(which.-direetion may, in the case of a
payment by means of a aheque or warrant, be made by marking the-
'-iheque, or wArrant withitlfe vwrcds"blodked account of" (naming the
person in question) or wordsto-the-same effect); or
(it) by a crossed cheque or warrant-drawn in favour of that.person,
marked ;withte.h -words "-payableonly to blocked aegount of payee or
words.torthe sameeffect;. and
S(b) the sum collected shall be credited by the banker to a blocked account`of
that. person.
3. Where a direction is.;gien that a sum is'to be pa2d'br credited to a blocked
-account-only, then,:notwitbhstanding-the direction, the sum -Tay, with the consent
,: of theperson to-wiomiit i 'to be paidd or rereitd,al nd ~tbjidt to the requirements
of:Part III:of-this ordinance, be in.east6deinstead in The purchase-fdr that person
of any such investments as may be prescribed for the purposes of paragraph (a)
-of the proviso-to the next,folltoiitg SpaTagr-aph.
4. Any sum stantitig tb the credit ofra bblcked account-shall not be dealt
wite Wxept-withi the 'permission-iof' the 0'616nfal Trea'surer:
Provided that, subject to compliance with the requirements of Part III of this
ordinance-
(a) the whole t.any.,par.t of any-such-sum may, at the request of the person
in whose name the account stands, be invested through the banker in
such investments as may be prescribed; alad.
(b) nothing in this Schedule shall be construed-ras restricting the manner in
whiclithe .investments acquired may be dealt v.ith.
S5. Where a person in whose name a blocked acc~ont -is standing becomes
b-.ankrupt in the Colony or dies; the. banker may, notwithstanding, anything in
paragraph 4 of this S&hedule, transfer-the account to the name.of: the' trustee in
banlruptcy-or personal representative, but, save as aforesaid, nor change shall,
~3~c~t"a7ige'Cb'ii~~'dl.
No; 28.
1951.
221
No. 28. . : Exchange.Cntrol. 1951.
except .with the permission .of. the-Colonial Treasurer, be made in the name in
which-the account stands; and where any such, change.is made, (whether or not
the permission.ef t the C:oIloial Treasurei'-is-necessary therefore) the account shall
:rcinin a, blocked account not, itl.standiuiu the change, and the'provisiong of-this
schedule shall apply accordingly. ..
6. Whele-:
(a) a sum is' due fhom any person to any other person but the'Colonial
Treasu~fr directs that it hall be paid or credited'to a blocked-account
S oily;, and.
(b) the -person to whom, the sum-is due nominates such an account to the
SpersQn from.-whom the sum is due,i
the last mentioned person is .under ,a..duty to the person to whom the sum is due
to cause the sum to be paid or credited to that blocked account, and the crediting
of any sum to a blocked account in .puruance of a direction of the Colonial
Treasurer shall, to the extent of the sum credited, be a good discharge to the
person from whom the sum is due-:
Provided that in the case of a-sum clhfi.under a 'ontrc-t-this paragraph shall
not apply in so -far as it is sid6w,n to be incqnsistent- with the intention of the
parties that it should apply.
FOURTH SCHEDULE.
LUGAL P)ROCEEDIN~B, &c. Section 35.
1. The provisions of Part II of this oidinande shall apply to sums required
to be paid by any judgment or order of any court or by any award, as they apply
S in relation to other sums, and it shall be implied in any judgment or order of any
court in the Colony, and in-any award given under the law of the Colony, that any
sum required to be paid by the judgment, order or award (whether as a debt, as
damages or otherwise) to which the said provisions apply shall not be paid except
with the permission of tlhe Colonial Treasurer.
2. Nothing in this ordinance shall be construed as preventing thle payment
by any person of any sum into any court in the Colony but the provisions of Part
II of this ordinance shall apply to the payment of any sum out of court; whether
under an order of the court or otherwise, to or for the credit of any person resident
outside the scheduled territories.
3. Without prejudice to the provisions of any enactments. relating to the
,making of rules of court, rules of court-
(a) enabling any person who is required by any judgment, order or award to
pay any sum, if he apprehends that the payment of that sum is unlawful
under this ordinance except with the permission of the Colonial
Treasurer, to pay that sum-nto court; and *
(b) declaring that payment of a sum into court by virtue of the preceding
sub-paragraph, together with the delivery to the other party concerned
of such evidence of -he payment as may be prescribed by the rules, shall,
*to the extent of the payment, be a good discharge to the person making
the payment; and
(c) so regulating the process of execution which may issue in respect of any
sum required to-be paid by any judgment, order or award as to secure
that, unless it is shown, in such manner as may be prescribed bythe
rules, that the permission-of the Colonial Treasurer for the payment of
the sum is not required under this ordinance or has been given without
conditions, the proceeds of the execution will be paid into court, and, so
far as is necessary for that purpose, varying the form of any writ of
execution' or other similar document or the duties of the sheriff or other
officer to whom any such writ or other similar document is directed,
may be made, as respects the Supreme Court, or any other court, by such authority
as may be designated in that behalf by the Chief Justice :
-Provided that-
(i) the form of any bankruptcy notice shall be such as may be prescribed by
the Colonial Treasurer; and
(ii) nothing in this paragraph shall affect the. provisions' of any legislation
which requires rules of court for inferior courts to have the concurrence
of the rule-making authority for the Supreme Court.
4. (1). In any proceedings in a prescribed court and in any arbitration
proceedings, a claim for the recovery of any debt shall not be defeated by reason
only of the debt not being payable 'without the permission of the Colonial
Treasurer and of that permission not having been given or having been revoked.
(2) No court shall. be prescribed for the purpose 'of this paragraph unless the
Colonial Treasurer is satisfied that adequate provisiornhas beeh made therefore by
rules of court for the purposes specified under the last preceding paragraph.
5. (1) In any bankruptcy, in the winding up of any company or in the
administration' of the estate of any deceased person (being a bankruptcy, winding
up or administration carried on under the law of the Colony), a claims for a sum
not payable without the permission of the Colonial Treasurer shall,
notwithstanding that the permission has not-been given or has been revoked, be
admitted to proof as if it had been. given and had not been revoked :
Provided-that nothing in this sub-paragraph shall be construed as affecting
the application of the provisions of Part II of this Ordinance to payments by any
trustee, liquidator, personal representative or other person in any such bankruptcy,
winding up or administration.
(2) The provisions of this Ordinance restricting the making of settlements
shall not apply to any deed of arrangement made for the- benefit of creditors
generally, and the provisions of sub-paragraph (1) of this paragraph shall apply
in relation to proceedings under any deed of arrangement as they apply in relation
to proceedings ineankruptcy.
6. A debt for the payment of which the permission of the Treasury is required
under this Ordinance shall, if in other respects it complies with the requirements
of subsection (1) of section four of the Bankruptcy Ordinance, be allowed to be a
good petitioning creditor's debt, notwithstanding the said requirement, if and to
the extent that the debt can be satisfied either by a payment into court or by a
payment to a blocked account.
1951.
No. 28.
Exchangne Conttrol. .
.- _' --. ,. -, -' 223
No. 28. .. Exchange. Control... 1951,
FIFTH SCHEDULE. Se(ri )o 36.
.. -' -ENFORCEMENT.
PART I.
S-General provisions as to evidence and information.
1. (1) Without prejudice to any-other provisions of this Ordinance, the'
Colonial Tfeasurer n-ay give to any person in'or resident in the Colony directions
requiring him, within such time and in such manner as-miay be specified in the
directions, to furnish tohim or to any person designated in the directions as .a
person authorised to require it, any information in his possessive or control which
the Colonial Treasurer or the person -so authorised, as the case may be, may
:require for the purpose of securing cbmplance with or detecting evasion of this.
Ordinance.
(2) A person required by any such, directions, as afor.esaid .to furnish
.information shall also produce such books, accounts oT other documents'(hereafter
in this Part of this Schedule referred to as documents'') in his possession or
control as may be required for the said purposee by the Colonial Treasurer or by
the person authorised to require the information, as the case may be.
(3) Nothiiig in the preceding -provisions of this paragraph shall be taken to
require any person who has acted as counsel or solicitor for any person to disclose
any privileged communication made to him in that capacity.
(4) Where a person is convicted on indicl:. ieniftr fo ailing to give information
.or- produce documents when required so to do under this paragraph) the court may
maka an- ofder requiring the offender, within such period as may be specified in
the order, to comply with the requirement to give the inforitati~a or produce the
documents.
2. (1) If a magistrate.:or justice- of the peace is satisfied by information qn
oath given by a person authorised by the Colonial Treasurer to act for the purposes
of this paragraph either-
(a) that there is reasonable ground for suspecting that an offence against
S this Ordinance has been or is being committed-and that evidence of the
eommiSsiofl of th6 offence is to be found at any premises specified in the'
information, or-in anyvehicle, ves'4e or aircraft so specified; or
(b) that any documents which ,ought to have been, produced. under the
Preceding paragraph and have not been produced are to be found at.any
S. such premises or in any such vehicle, vessel or aircraft,
;he may grant a search warrant authorising any police officer, together .with any
Other persons named in the warrant and any other police officers, to enter the
premises specified in the information or, as the case may be, any premises upon.
-which the vehicle, vessel or aircraft so specified may be, at any time within one
inonth from the date of the warrant, and to search the premises, or, as the case
may be, tfe vehicle, vessel or aircraft.
S (2) A person authbrised by ariy-such warrant as afoieaaid to search any
Premises or any. vehicle, vessel or aircraft, iay search every person-who is found
in, or whom he has reasoniable.groubdrto believe to have recently-16ft ori to be abouV
No. 28. h Exchange Control. 1951.
to enter, those premises or' that vehicle, vessel or aircraft, as thec'ase iay be, and
may seize any article found in the premises or in the vehicle, vessel oy aircraft
which he has reasonable ground for believing to be evidence of t1he commission of,
any offence against this Ordinance or any documents which he has. reasonable
ground for believing ought to have been produced- under the preceding paragraph:
Provided that no female shall, ill pursuance of 3ny warrant issued under this
paragirph, be searched except by a female.
(3) 'Where, by yirtue of this paragraph, a person has any power to enter arny
premises,-he may use such force as is reasonably necessary for the purpose of
exercising that power.
3. (1) Any article coming-into the possession of an executive authority
(whether in consequence of the seizure of. the article under or by virtue of, this
Ordinance or otherwise) which the authority has reasonable ground for believing
to .be evidence of the commission of an offence against this Ordinance may be
retained for a -period of three months or, if within that period there are
commenced proceedings in respect of such an-offence in which the article is, or
can properly be, adduced in evidenc, -until the final determination of- those
proceedings.
(2) For the purposes of this paragraph, any person to whom any powers of
the, competent authority under this ordinance are delegated or dn whom any
functions are conferred by or by virtue of this ordinance, including any police
officer, shall be deemed to bean executive authority.
(3) For the purposes of this paragraph, any proceedings shall be 'deemed not
to have been finally determined so long as there is pending any appeal in the
matter of -the proceedings, andr an appeal in that matter shall be deemed to be
pending during the ordinary time within which such an appeal may be lodged, and,
if such an appeal'is duly lodged, the appeal shall be deemed to be pending until it
is decided or withdrawn.
(4) The powers conferred by this paragraph in relation to any article shall be
'in addition to, and n6t in derogation of, any powers otherwise exercisable in
relation thereto.
4. No person in or resident in the Colony shall- .
-- (a) with intent to evade the provisions of this ordinance, destroy, mutilate,
\ deface, secrete or remove any documents;
(b) in furnishing any information, for-any of the purposes of this ordinance,
make any statement which he knows to be false-in a material particular,
Scor-recklessly maje any statement which'is false in a material particular;
(c) obstruct any person in the exercise of any powers conferred on him by
virtue of this Part of this Schedule.
PART II.
General provisions as to offences.
1. (1) Any person in or resident in- the Colony who contravenes any
restriction or requirement imposed by or under this ordinance, and anhy such
person who conspires or attempts, or aids, abets, counsels or procures any other
? C
- }
No. 28. Exchange Control. U1951.
person, to contravene any, such restriction or requirement as aforesaid, shall be
guilty of an offence punishable under this Part'of thisl-che.dule :
7 Provided that an offence punishable by virtue of-Part III of this Schedule
shall not be punishable under this IPart of this Schedule..
(2) Where,an offence punishable under this Part of this Schedule has been
committed by a body corporate, any person who at the time of the commission of
the offence was a dQ!4ctor, general manager, secretary or other similar officer of
the .body corporate, or1was purporting to act in any such capacity, shall be deemed
to' be guilty of that offence, unless he proves that the contravention was committed
without his consent or connivance and that he exercised all such diligence to
prevent the commission of the offence as he ought to have exercised having regard'
to the nature of his functions -in that capacity and to all the circumstances.
(3) Any person who commits an offence punishable under this Part of this
Schedule shall be liable- '
(a) on summary -conviction, to imprisonment for not more than three
months or to a fine or to both; -
(b) on conviction on indictment, to imprisonment for not more than-two
years or to a fine or to both;
and where the offence is concerned with any.durrency, any security, any-gold, any
goods or any other property, the court may, if they think fit so to do, order the
currency, security, gold, goods or property to be forfeited.
(4) Except in the case of a body corporate convicted on indictment, the
maximum fine which may be imposed for an offence punishable under this Part of
this Schedule shall be-
(a) on summary-conviction two thousand four hundred dollars; and
(b) on conviction on indictment four thousand eight hundred dollars;
so, however, that (in either case) -where the offence is concerned with, any
currency, any security, any payment, any gold; any goods or any other property;
and does not consist only of a failure to give information or produce books,
accounts or other documents with respect thereto when required so to do under/.
Part I, of this Schedule, a larger fine' may-be imposed not exceeding three times th6
amount or value of the currency, security, payment, gold, goods or property.
2. (1) No proceedings for an offence'punishable under this Part of this
Schedule shall be instituted except by or with the consent of the Crown Attorney
or appropriate officer.
Provided that this sub-paragraph shall not prevent the issue or execution of a
warrant .for the arrest of any person in respect of such an offence, or the
remanding in custody or on bail of any person charged with such an offence.
(2) Proceedings against any person in respect of an offence'punishable under
this Part of this Schedule may be taken before the appropriate court in the Colony
having jurisdiction in the place where that person is for the time being.
(3) Any proceedings under/a law establishing summary jurisdiction which
may be taken against any person in respect of any offence punishable under this
SPart of this Schedule may, notwithstanding anything to the contrary it that law;
be taken at any time within-twelve months frofi the date of the commission of
S/ /
No. 28. ~ Exchange Control. 1951.
the offence or within three months from the date on which evidence sufficient in
the opinion of the Colonial Treasurer to justify the proceedings comes to the
knowledge of the Coloiial Treasurer, whichever period last expires, or, where the
person in question was outside the Colony at the date last mefitioned, within
-twelve months from the date on which he first arrives in the Colony thereafter.
S (4) Forthe purposes of this paragraph' a certificate of the Colonial Treasurer
as to the date on which such evidence as aforesaid came to the knowledge of the
Colonial Treasurer shall be conclusive evidence thereof.
3. The maximum period of imprisonment that may be imposed by a court of
S summary jurisdiction in .the Colony-
(a) in respect of the non-payment of a sum adjudged to be paid by a,
conviction for .an offence punishable under this Part of this Schedule;
or
S -- '-(b) in respect of the default Qf a sufficient distress 'to satisfy any such sum,
S shall,in cases where the sum exceeds ninety-six dollars, be increased in accordance
with the following scale,' that is to say,-
Where the amount of the sum adjudged to be
paid by the conviction, as ascertained by the The said period shall
"conviction,- not exceed,-
Exceeds ninety-six dollars but does not exceed four
hundred and eighty dollars ...... ...... ...... Four. months.
Exceeds four hundred and eighty dollars ...... ...... Six months.
4. Where a corporation is charged;.whether alone- or jointly with some other
person, with aa indictable offence punishable under this Part of this Schedule, the
Magistrate may, if he is of the opinion that the evidence offered on the part of the
prosecution is sufficient to put the accused- corporation upon trial, commit the
Corporation for trial.
5. Where an indictment has been filed against a corporation in respect of an
offence punishable as aforesaid,-the corporation may, on arraignment before the
supreme court enter in writing by its representative a plea of guilty, or not guilty,
and if either the corporation does not appear by a representative or, though it does
.-so appear, fails to enter as aforesaid any plea,.the court shall order a plea of not
guilty to be entered and the trial shall proceed as though the. corporation had duly
entered a plea of not guilty.
S6. Any indictment filed against a corporation or other document addressed to
a corporation may be served upon the corporation by leaving it at, or sending it by
post to the registered office of the corporation or, if .there be no, such office.in the
colony by leaving it at or sending it by post to, the corporation at any place in the
SColony at which it trades or conducts business.
'7. Jn this paragraph the expression 'representatives" in relation to a
corporation means a person duly appoiited-by the corporation to represent it for
the purpose of doing any act or thing which the representative of a corporation is
by this Part of this Schedule authorised to do but a person so appointed shall not,
by-virtue only of being so appointed, be qualified to act on behalf of the corporation
before any court for any ether purpose.
No. 28. Exchange Control. 1951.
A representative for the purposes of this Part of this Schedule need not be
appointed under the seal of the corporation, and a statement in writing purporting
to be signed by .a managing director of the corporation, or by any person (by
whatever name called) having, or being one of the persons having, the
management of the affairs of the corporation, to the effect that the person named
in'the-statement has been appointed as the representative of the corporation for
the purposes of this Part of this Schedule shall be admissible without further proof
as prima facie evidence that that person has been so appointed.
PART III.
Import and export.
1. (1) The enactments relating to customs shall, subject to sych
modifications, if any, as may be prescribed to adapt them to this ordinance apply
in relation to anything prohibited to be ir ported or exported by any of the
provisions of Part'IV of this Ordinance except with the permission of the Colonial
Treasurer as they apply in relation to goods prohibited to be importeA or exported
by or under any of the said enactments, ane any reference in the said enactments
to goods shall be construed as including a reference to anything prohibited to be
imported or exported by any of the provisions of the said Part IV except with the
permission of the Colonial Treasurer.
(2) References in this paragraph to the enactments relating to customs shall
be taken as including references to the Cuistoms Ordinance (Cap. 183)
2. Any declaration required to be given,under Part IV of this Ordinande shall,
for the purposes of the Customs Ordinance (Cap 183) be deemed to be a
declaration in a matter relating to customs.
3. If anything prohibited to be exported by any provision of thesaid Part IV
is exported in contravention thereof, or is brought to a quay or other plaee, or
water-borne,, for the purpose of being so exported, the exporter or his agent shall
be liable to the same penalty as that to which-a person is liable for an offence to
which the Customs Ordinance (Cap 183) applies.
4. Without prejudice to any of the preceding provisions of this Part of this
Schedule, any person wiho, on any occasion, is about to leave the Colony or arrives
in the Colony (which person is hereafter-in this paragraph referred to as "the
traveller '") shall, if on that occasion he is required so "to 'do by an officer of
Customs or an immigration officer-
(a) declare whether or not he has with him anything prohibited to be
/ imported or exported by any of tJhe provisions of the said Part IV except
with the permission of the Colonial Treasurer; and
(b) produce any such thing as aforesaid which he has with him,
and the officer may examine or search any article which the traveler has with
him for the purpose of ascertaining whether he is conveying or lias in his
possession any such thing, and, if the officer has reasonable grounds for suspecting
that the traveller has about his person any such thing, search him, and may seize
anything produced as aforesaid or found upon such examination or search as
aforesaid as to which the officer has reasonable ground for saspeabing that it is
S.- / .
No. 28. Exchange Control. 1951.
-----i---- --- -------------------------------- ---- ---y---~~------
prohibited to be imported or exported by any of the provisions of the said-Part IV
except with permission of the Colonial Treasurer;
Provided that no female shall be searched in pursu.ance of this paragraph
except by a female.
5. Sub-paragraph (2) of paragraph 1 of Part II of this Schedule shall apply
also to offences punishable by virtue of this Part of this Schedule.
Passed the Legislative Council this 5th day of July 1951r
Acting Clerkc of Legislative Council.
(S 15/1949)
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRI-NTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price $1.60 1
1951.
Publications Not Available
Saint Vincent government
gazette
v. 84 no. 40
Ordinance No. 29 of 1951
1;
SAINT VINCENT,
No. 30 of1951.
I Assent
ORDINANCE to regulate the deportation of
British- Subjects and for -similar purposes.
[ 31st July, 1951. 1 -
Enacted by the Governor with the advice and consent of the
_Legislative Council of Saint Vincent -
1. This Ordinance may be cited as the Deportation (British
Subjects) Ordinance, 1951.
2. (1) In this Ordinance unless the context otherwise
requires-
".dependent" in relation to another person means-
(a) the wife of such person provided she-is not living- apart
from him under a decree of a competent court or a deed
of separation;
S (b) the child or step-child under the age of sixteen years,
of such person;
(c) an adopted child under the -age of sixteen years, having
been'adopted by such person in a manner recognized
Sby law;
deportation order means an order requiring the person in
respect of Whom it is made to leave and, remain out of the'
Colony;
Short title.
Interpretation.
-.' _7\
,[ L.S. ]
R. D. H. ARUNDELL,
Governor.
20th July, 1951.
undesirable
231
deportation (British Subjects).
"restriction order'" means a-i order prohibiting the person in
respect of whom it is riade from entering or from leaving
an area within the Colony without the consent of the
officer specified in the Order;
" security order" means ani order, requiring the person- in
respect of whom it is made to give security in two or more
sureties in such amount and for such time as may be
therein specified to keep.the peace and to be of.good
behaviour, or for indemniifying public funds Ior all costs
charges- and expenses incurred in his regard, or for both'
such purposes, as may be-appropriate in the case;
"person charged" means .a. person in. respect of whom it is
alleged that there are grounds for making a deportation
order, or restriction order or security order under this
Ordinance and includes a person in respect of whom such
an order has been made;
"Judge means a Judge of the Supreme Court sitting in
Chambers;
" convicted persoef" means a person in respect of whom any
court certifies to the Governor that he has been-convicted,
either by that court or by an inferior coirt from which his'
case has been brought by'way of .appeal,' of any .offence
punishable with imprisonment otherwise than only in
default, of payment of a fine or of having knowingly and
wilfiilly entered the Colony contrary to the provisions of
subsection (2) of section 26'of the Immi'gration Ordinance;
undesirablee person" means a person 'who is or has been
conducting himself so as to be dangerous to peace, good
order,'good government, or public morals.
" destitute person means a person who is, or is likely to be, 'a
charge upon public funds by reason,of mental or bodily
health or insufficiency of -means to support himself and
his dependents (if any);
"prohibited immigrant" means a person who is deemed to be
a prohibited immigrant under the provisions of the
Immigration (Restriction) Ordinance, and has entered the
Colony contrary- to, the provisions of section 7 of that
Ordinance, but has not thereby committed an offence
under that Ordinance;
"prescribed means prescribed by Regulations made under
this Ordinance;
"master means the person having command or charge of a
ship;
"ship" includes any'description of aircraft;
"port" iriclhdes airport.
No. 30.
i95i.
NO. 30. Deportation (British Sublects),'. -!951. *
'* (2) For the purposes-of this Ordinance a person shall be
deemed to belong'to the Colony if he or-she is,.a British subject
and-
(a) was born inthe Colony or of parentswho at the time of -
his or her birth were ordinarily resident in the Colony; oq
(b) has been. ordinarily resident- in the Colony continuously
for a period' of seven, years .r more and since the
completion of such period of residence has not been
ordinarily resident in.-any other, part of His Majesty's
dominions,'or any territQry.-under His Majesty's protection \
continuously for a period of seven years or more; or
(c) obtained the status of a British subject by reason of the
grant by the Governor of a certificate of naturalization
-under the British Nationality and Status of Aliens Act,
1914; or any Act amending or replacing the same; or
(d) is a dependent of a person to whom any of the foregoing
Paragraphs applies.
Provided that a person who-
(a) falls within the definition of undesirable person" in
subsection (1) of-section 2 of this Ordinance by reason .
of the fact that, in the opinion of the Governor, he is,
or has been, conducting himself so as to be dangerous
to peace, order and good government; or
-.() falls within the definition of "convicted person" in
subsection (1) of section 2 of this Ordinance by reason
of conviction of an offence the nature of which, in the
/ opinion of the Governor, indicates that he is or has
been, conducting himself so as to be-dangerdus to peace,
Order and good government
shall not be deemed to belong to the Colony by reason of sub-
paragraph (b) of subsection .(2) of section 2 of this Ordinance,
if the Governor with the approval of, the Secretary of State;' '
shall so direct.
.(3) For the purposes of thigh Ordinance a person shall be.
Seemed to be an immigrant British subjecT if at.the date of the
service upon him of a notice under section 7_.f, this Ordinance,
or, in the case of a convicted person, the date upon which he is
charged with the offence, he is a British subject and has been
resident in the Colony for-less than the following periods--
immediately before that date, and not otherwise, unless-the
approval of the Secretary of State shall have been given to the
making of a deportation order in respect.of such person at any
time before it is made-
(a) in the case of a prohibited immigrant, a period of three
,* months;
--- I
S-. De.or ti -Briti-.-sh. Suje s 234. 1951
- '' Deportation (British Subjects). 1 951.
(b) in the case 6f a convicted person other than a person who
is a convicted person solely by reason of his being a
Prohibited immigrant or 'fb- an undesirable person, a
periodof four years; 'and: ;
S (c) in the case of a destitute person, a period of one year :
Provided that in determining whether any- person is-an
immigrant British subject, any period during which a deportation
:" order, -a restriction -order or a security order- made under this,
r Ordinance las been in force asrespects that person shall not be
S taken into account. -
Power to make
Deportation
Orders.
PoWel
Restr
Order
3. Subject to the proVisions oLthis Ordinance, the Governor
in Council may, if.he- thinks fit, make a:deportation order in
respect of an immigrant British subject who does not belong 'to
the Colony and who is-
(a) a convicted person in respect-of whom the court certifying-
to the. Governor that he-has. been convicted recommends
That a deportation order should be made in his case,
Either in addition to or in lieu of sentence; or,...
(b) an undesirable person;.or
(c) a destitute person; or
(d) a prohibited immigrant.
r to make- 4. Subject to the provisions of this Ordinance, the Governor
ictipln -in Council may,. if he thinks 'fit, make a restriction order in
's. : .i-' respect of any British'subject Who is--
(a) a convicted person in respect of whom the court certifying
: to the Governor that he has been convicted feQommends
that a deportation order "or a restriction order should be
'; made 'in his case, either, in addition to or in lieu.of
sentence; or
.(b) an. undesirable perso. .
Power to n
Security
_ Orders.
iake 5. :.(1) S object to the- provisions of this Ordinance, the
S Governor in Council. may, if he thinks fit, make a security order
i n respect of any British subject who is- -
(a) a convicted person in respect of whom the couri certifying
to the Governor that he has been convicted recommends
that deportation order or a restriction order or a security
order in conjunction with either of those 'orders should be
Smadein his case, either in addition to or in lieu of
sentence; or
(b) an undesirable person;
S or in the case of an immigrant British subject who does '
not belong to the Colofl -
(c) a destitute person; or *
-No. 30.
'No-. --(. eo Deportation (British Subjects) 1951.
N o; .. 1951 .
(da) a prohibited immigrant.
(2) Where a security order is made as aforesaid, a deportation
order or a. restriction order, as" in the .case may be lawful and
desirable, shall be made in conjunction therewith to come into
force upon default of compliance with the-seeurity order within a,
time therein fixed but not otherwise.
(3) Where a security order has'been complied with, the order
shall, for the purposes of this Ordinance, be deemed to
remain in force'so long as the security given thereunder
subsists, and where a security order is revoked the said
security shall cease to have effect.
6. Except'where a court has in accordance witlr the provisions Procedure for
of this Ordinance given a certificate recommefiding that an .rder -making orders.
should be made,.no deportation order, restriction order or security .
order shall be made under this Ordinance except where a Judge
has, in accordance with the provisions of the next following two-
-sections, made a report on the case and the Governorfin Council
is satisfied, having regard to the findings :of fact and any
conclusions of law as stated in the report, that such order may -
lawfully be made.
7. (1) A notice in the prescribed form shall be 'served ULon service of
the person charged specifying, with sufficient particulars to, give notice and
,hirm reasonable information as to the nature of the facts alleged arrest.
against him, the grounds. upon which it is alleged that an order,
may be made against him--under this Ordir'ance, and requiring
him to show cailse, before a Judge at a time to be stated in the '
notice, why such order should not-be made in respect of him.
(2) In-the case where it is proposed that a aepo.tation oFder
-should be made but such order cannot be made withofit the
approval of .the Secretary of Stte, -.the notice: hall:. contain
-information to that effect.
(3) In any case where it is intended t6 take proceedings-
against any person under this Ordinance on the ground. that he
is an undesirable person, and it is represented, on oath or affidavit
Sto a..Judge that that person is an undesirable person,, the-Judge
may issue a warrant. for His arrest, and if the notice inehtioned-.in
subsection (1) of this section shall hot have already been served
upon him it shall be so served not later than twenty-four hours
after, his apprehension.
8. (1) At the time appointed in the notice served under the .Powers of
foregoing section or at any adjournment of-the hearing the Judge -Judge.
-shall take such evidence upon oath as is tendered in :support of.
:the charges, and the witnesses may be cioss-examined by the
person charged or his counsel and the person charged may on his
own behalf call such witnesses and tender such other evidanee as
may be relevant upon the questions at issue.
No. 380.
Detention in
custody pen
decision.
Contents of
Orders,
-7
Execution o
Orders.
236
Defportatiojr (BritiskhSubjects).
(2) The Judge, after considering the'evidence adduced-before
him and making any further investigations which he may
consider to _be desirable, shall make a report to the Governor
setting out his findings -of fact and hfs conclusions. on any.
questions of law involved, and, if he thinks fit, making a
recommendation as to the issue in the casd of any order or orders
under this Ordinance.
9. Where a Judge or a. Court- recommends the making of a
ding deportation order ,or restriction order or security order on the
grounds that the person charged is an undesirable person or a
convicted person, the person charged may, if the Judge or Court,
as the ease may be, shall-so order, be detained in such manner as
the -Judge or- Court mEy direct pending the decision of the
.Governor for a, period, not exceeding twenty-eight days and,
where reference to the Secretary of State is-necessary before a
deportation order is made, such further period as may be
necessary for- that purpose, and shall be deemed.to be in legal
custody whilst -so, detained. '
10. (1) Every security order and every deportation order
shall be in the prescribed form.
(2) Every restriction order shall be in the prescribed form
and shall-.state the area or areas which the person to whom it
relates is prohibited from entering or leaving.
S (3) A deportation order. or restriction order may be expressed
to be in-force for a time limited therein or for an unlimited time,
and, When the person charged is not taken into custody pending'-
the execution thereof, shall prescribe a time within which the
person changed may of his.own volition comply therewith.
-(4) A restriction order may require the person charged to
report himself to the nearest administrative officer or officer of
police at intervals of not'less than thirty days.
f 11. (1) As soon as practicable after a-deportation order or
restriction order or security order is made, a copy thereof shall be
served upon the person charged together with a summary of the
findings' of faet and conclusions of law as stated in the report
made under section 8 of this Ordinance.
(2) A person with respect-to whom a security order has been
made may be detained'in such manner as may be directed by the
Governor until such order-shall have been complied with :
\Provided that, without prejudice to the provisions of
subsections (3) and (4) of this section where the security order
is riot complied with, no person shall be detained thder this
subsection for a period exceeding twenty-eight days..
1951.
Deportation (British Subjects)
(3) Subject to tke-provisions of subsection (5) of this section
a person with respect to whom a deportation order is iri force may -.
be detained in such manner as may be directed by the'Governor,
and may be placed on a ship about to leave the Colony-and shall
be deemed to be in legal custody.while so detained and: until the
ship finally leaves the Colony.
(4) Subject to the provisions of subsection (5) of this section
a person with respect to whom a restriction orde-' is'in-force may
be detained in such manner as may be -directed by the Governor
so far as necessary 'for the purpose of removing him from any
place which he is prohibited from leaving, and.shall be deemed
to ie in legal custody while so detained.
(5). No person shall be detained under subsection (3) or
subsection (4) of this section for a period exceeding twenty-eight
days and, if at the expiration of such period he has not been
removed or deported as aforesaid, the restriction order or
.deportation order as the case may-be shall cease to have effect.-
(6) The Master of. a ship about to call at any port outside the
Colony shall, if so.reiquired by the Governor or by an Immigration
Officer, receive a person against whom a deportation order has
been made and his dependents (if any) on board the ship and
'afford him and ,them a passage to that port and proper
accommodation and maintenance during the passage.
12. (1) Where a deportation order is made, the Governor Expenses.
may, if he thinks fit, apply any money or property of the:person
charged in- payment of the whole or any part of the expenses of,
'or incidental to the voyage from the Colony and the maintenance
until departure of that person and his dependents (if any). .
S(2) Where a restriction order is made,. the Governor may, if
he thinks fit, apply any money or property of the person charged
in payment of the whole or any part of the expenses of or
incidental to the removal of that person to any place in pursuance
of that order and, if. necessary, the maintenance of that person
while the order is in force.
(3) Except so far as they are defrayed under the preceding
subsections any such expenses shall be payable out of public
funds.
13. If a person in respect of whom a security 6rder or Persons
restriction order or deportation order is made under this undergoing
Ordinance has benn sentenced to any term of imprisonment, such sentence.
sentence'shall be served before the order is carried into effect
unless the Governor otherwise directs.
14. (1) The Governor in Council by order may- Revocation and'
(a) at any time revoke any deportation order or restriction variablon of
order or security order; Ordera.
195i.
No. 30.
2tat3on (Brtis Subc)
Deportation (British St bidds);
No. 30.
1951-
(b) vary any restriction order so as to permit the persoTn
.therein mentioned to enter or leave any area which he is
prohibited from entering or leaving, and may attach to
-the permission conditions as to security for good behaviour
or otherwise, and may also vary, cancel or add a condition
requiring such person to report himself;
S (c) vary .a deportation order so as- to permit the person.
mentioned therein to--enter the Colony,and may attach to
such permission conditions as to security or otherwise.
S (2) Any order made under paragraph-(b) or paragraph -(c)
of the preceding subsection may be expressed to have effect for
the'duration of the order thereby varied or for any lesser period.
(3) As soon as practicable after an order has been made
"under this section a copy thereof shall be served upon or sent to
Sthe person in respect of whom it is made.
15. (1) If a person in respect of whom a restriction order is
Penalties for in forceleaves or attempts.to leave or enters or attempts to enter
- breach of order.. any area in contravention of the provisions of the order, or
Swilully neglects or ref-~aes to report himself as ordered, or
having, ix pursuane of permission given -as hereifibefore
provided, left or entered any place, wilfully fails to observe any
condition attached to such permission, he-shall be liable on
,conviction to imprisonment not exceeding six months or a fine
not exceeding ,two hundred and forty dollars or both such
imprisonment and-fine, and to be again removed under the
original order and the provisions of-sections 11, 12, and 13 of this
Ordinance shall apply accordingly.
(2) If a person in respect of whom a deportation order is in
force returns or attempts to return to the Colony in contravention
Softhe provisions of the order, or having entered the Colony-in
pursuance of permission given as hereinbefore-provided, wilfully
fails to observe any condition attached to such permission, he shall
Sbe liable on conviction to imprisonment for a period not exceeding
six months dr a fine not exceeding twd hundred and forty dollars
or both such imprisonment and fine,- and to be again deported
under the original order, and the provisions of sections 11, 12 and
13 of this Ordinance shall apply accordingly.
.(3) Nothing in this section shall preverit the making of a
Restriction, order_ or a deportation order in accordance with the
provisions of this Ordinance in consequence of a conviction for-
an offence under this Ordinance.
Penalty for 16. Any person, who, without lawful excuse, knowingly
harbouring. harbours or conceals any person who-
(a) is within the Colony or an area thereof in contravention
of the terms of a deportation order or restriction order;'or
~ I
Deportation' (British Subjects).
(b) having entered the Colony or any area thereof in
pursuance of permission given as hereiiibefore provided,
has wilfully failed to observe any condition attached to
such, permission; 16
shall on conviction be liable to a fine not exceeding two hundred
and forty, dollars.
17. No proceedings shall be instituted under'this Ordinance
except by the Crown Attorney or with his previous sanction in
writing.
18. In any proceedings under this Ordinance-
(a) the burden of proof that the person charged belongs to the
Colony shall be upon that person;
(b) a document purporting to be an order made under this
Ordinance sPiall, until the contrary is proved, be presumed
-to be such an order; and
(c) any order made under this Ordinance shall be presumed,
until the contraryy is proved, to have been validly made
and to have been made on the date upon which it purports
to have been made.
19. The Governor shall forthwith report to the Secretary of
State every order made by him under this. Ordinance and the
grounds thereof and the proceedings thereunder.
Institution of
proceedings.
Evidence.
Report to
Secretary of
State.
20. The Governor in Council may make regulations for the ,Regulations.
better carrying out of the provisions of this Ordinance.
21. The Underirable. Persons Expulsion Ordinance shall Chapter 165 to
eease to apply to British subjects. cease to apply
to British
subjects.
.22.. Nothing in this Ordinance contained shall be taken to Immigration
restrict in any manner the operation of the Immigration (Restriction)
(Restriction) Ordinance, or thepowers conferred on the Governor, Ordinance,
a Magistrate or an Immigration Officer by that Ordinance. No. 2 of 1939
I not to be
restricted.
'Passed the Legislative Council this 5th day of July 1951.
(S 5/1950).
HENRY ,H. WILLIAMS,
Acting Clerk of Legislative Council.
PRINTED BY THE GOVERNMENT PRINTER AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
[ Price 36 cents. ]
1951.
No., 30.
1951.
.I:
SAINT VINCENT.
No. of 1951.
BILL FOR
AN ORDINANCE to amend the Trade Unions and Trade Disputes
Ordinance, No. 3 of 1950..
r 1
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
1. This Ordinance may be cited as the Trade Unions and
Trade Disputes (Amendment) Ordinance, 1951, and shall be read
as one with the Trade Unions and Trade Disputes Ordinance,
1950, (hereinafter referred to as the principal Ordinance ").
2. Section 2 of the principal Ordinance is hereby amended
by adding the following definition after paragraph (b) of the
proviso thereto :-
prescribed means prescribed by Rules made under section 16
of this Ordinance.
3. Paragraph (3) of section 9 of the principal Ordinance is
hereby amended by substituting the word or for the word "of"
in the last line thereof.
4. Section 12 of the principal Ordinance is hereby amended
as follows :-
(a) by deleting the words trade union appearing at the end
of subsection (2) thereof and substituting therefore the
word "Registrar ";
Short title.
No. 3 of 1950
Section 2 of
principal
Ordinance
amended.
Paragraph 9
(3) of principal
Ordinance
amended.
Section 12 of
principal
Ordinance
amended.
Trade Unions and Trade Disputes (Amendment).
(b) by deleting the words "for and on behalf of the trade
union may sue him" appearing in the third and fourth
lines of subsection (4) thereof and substituting therefore
the words "of the trade union or the Registrar may sue
him for and on behalf of the trade union ".
Section 13 of
principal
Ordinance
repealed and
replaced.
5. Section 13 of the principal Ordinance is hereby repealed
and replaced as follows :-
"Statement of
accounts
and audit
certificate,
&c., to be
transmitted to
the Registrar.
13. (1) The Treasurer of every trade union
(or such other officer as is designated in that
behalf by the rules of the trade union) shall,
on or before the first day of June in every year,
cause to be received by the Registrar-
(a) a statement in the prescribed form of
the revenue and expenditure of the
trade union during the year preceding
the date of such statement;
(b) a statement in the prescribed form of
the assets and liabilities of the trade
union at the date of the statement re-
quired by paragraph (a) of this section;
(c) an audit certificate in the prescribed
form by the person or persons appoint-
ed by the Registrar to the effect that
such statement of revenue and expendi-
ture and such statement of assets and
liabilities have each been audited by
such person or persons, as the case may
be, who have checked all accounts, re-
ceipts, vouchers and books of the trade
union relating to transactions during
the year in respect of which the state-
ments are made up, and that such
statements are made up, and that such
statements have been found to be true
and correct;
(d) a return in the prescribed form showing
the number of members of the trade
union at the date of such statement;
and
(e) a return relating to the year immediate-
ly preceding the date of such statement,
showing-
(i) all new rules of the trade union and
all alterations to the existing rules
made during the period; and
1951.
3
No. Trade Unions and Trade Disputes (Amendment). g .
(ii) all changes of officers of the trade
union during the period.
(2) In addition to the statements, certifi-
eates and returns required by the provisions
of subsection (1) of this section, the Registrar
may at any time by order in v.riting require
the treasurer or any other officer of a trade
union to deliver to him, by a date, to be speci-
fied in such order, detailed accounts of the rev-
enue, expenditure, assets, liabilities and funds
of the trade union in respect of any period
specified in such order, and any accounts so
rendered shall include such details and infor-
mation, and be supported by such documents,
as the Registrar in any case may require.
(3) Every member of a trade union shall be
entitled to receive, on application to the trea-
surer or secretary of the trade union, a copy of
all or any of the statements and accounts, and
6f thq audit certificate, ea d returns provided
for by this section, without mnaking any pay-
ment therefore.
(4) Every trade union which, and every offi-
cer of a trade union who, contravenes or fails
to comply with any of the provisions or re-
quirements of subsection (1) of this section,
or of an order of the Registrar under subsec-
tion (2) of this section, and every treasurer
and secretary of a trade union who fails to
comply with an application made under sub-
section (3) of this section, shall be liable on
summary conviction to a penalty not exceed-
ing twenty-five dollars.
(5) Upon a conviction for any offence under
the provisions of subsection (4) of this section,
the Magistrate for the district in which the
registered office of the trade union is situate
may order the offending trade union or any
specified officer thereof (whether or not such
officer has been convicted( to deliver to the
Registrar by a specified date (which shall not
be later than fourteen days from the date of
the order)-
(a) all or any of the statements, certificates,
and returns referred to in subsection
(1) of this section, in cases where the
conviction relates to an offence in re-
spect of the provisions of such subsec-
tion;
No. Tret" ttfWnS ah Trade Disputes (Amendment). 1951.
(b) all or any of the accounts, including
such details, information and docu-
ments referred to in any order made by
the Registrar under subsection (2) of
this section, in cases where the convic-
tion relates to an offence in respect of a
failure to comply with any such order,
and any trade union which, and any of-
ficer of a trade union who, fails to oom-
ply with such order, shall in respect of
such failure be liable on summary con-
viction to a penalty not exceeding ten
dollars in respect of each day or pirt of
a day during: which such failure shall
have continued.
(6) Any person who wilfully makes or causes
to be made any false entry in, or any omission
from any of the statements, accounts, certifi-
cates or returns required by this section shall
be liable on summary conviction to a penalty
not exceeding two hundred and forty dollars.
Section 16(b) 6. Paragraph (b) of section 16 of the principal Ordinance is
of principal hereby amended by deleting the semicolon appearing at the end
Ordinance thereof and adding after the word "registry" the words and any
ameuaded. other forms which may be prescribed under this Ordinance."
Passed the Legislative Council this day of 1951.
Clerk of Legislative Council.
OBJECTS AND REASONS.
The objects of this bil are to-
(a) include a definition of the word "prescribed" in section 2 of the
principal Ordinance;
(b) to correct a typographical error appearing in section 9 (3);
(c) give the Registrar power to appoint an auditor of the accounts of a trade
union. Hitherto such power was conferred on the trade union itself;
(d) empower to Registrar on behalf of a trade union to sue the treasurer or
other officer of the union for any money due from the Treasurer or such
officer to the union, or for any securities, effects, bills, papers and
property of the trade union in his hands or custody;
(e) repeal and replace section 13 of the principal Ordinance and in its place
to give the Governor in Council power to prescribe by rules the forms of
statement of account, assets and liabilities, audit certificate etc to be
sent to the Registrar in connection with the funds of a trade union.
P. CECIL LEWIS,
Crown Attorney.
Crown Attorney's Chambers,
Court House,
Kingstown,
23rd June, 1951.
S- ...J
.. -- r"
","-- "L;-- ..,
SAINT VINCENT.
No. of 1951.
BILL FOR
AN ORDINANCE
Ordinance,
to amend the Compensation for Injuries
Enacted by the Governor with the advice and consent of the
Legislative Council of Saint Vincent.
1. This Ordinance may be cited as the Compensation for
Injuries (Amendment) Ordinance, 1951, and shall be read as one
with the Compensation for In uries Ordinance (hereinafter
referred to as the principal Ordina.nc:).
2. Section 2 of the principle Ordinance is hereby repealcd
and replaced as follows:--
"Interpretation
No. 6 of 1942.
2 (1) The following words and expressions
are intended to have the meanings hereby as-
signed to them respectively, so far as such
meanings are not excluded by the context or
by the nature of the subject matter :
adopted person means a person who has
been adopted in pursuance of an adoption
order made under the Adoption of Child-
ren Ordinance, 1942
child includes son and daughter, grand-
son and granddaughter, stepson and step-
daughter.
"employer includes a body of persons cor-
porate or unincorporated;
Short title.
Cap. 75.
Section 2 of
principal
Ordinance
repealed and
replaced.
No. .Compensation for Injuries (Amendment). 1951.
Parent" includes father and mother,
grandfather and grandmother, stepfa-
ther and stepmother.
Person includes bodies politic and corpo-
rate
Person who has superintendence entrusted
to him" means a person whose sole or
principal duty is that of superintendence,
and who is not ordinarily engaged in
manual labour.
workman does not include a domestic or
menial servant, but, save as aforesaid,
means any person who, being a labourer,
servant in husbandry, journeyman, arti-
Ticer, handicraftsman, miner or otherwise
engaged in manual labour, whether un-
der the age of twenty-one years or above
that age, has entered into or works under
a contract with an employer, whether the
contract be made before or after the pass-
ing of this Ordinance, be expressed or im-
plied, oral or in writing, and be a contract
of service, or a contract personally to ex-
ecute any work or labour.
(2) For the purposes of this Ordinance a
person shall be deemed to be the parent or
child of the deceased person notwithstanding
that he was only related to him illegitimately
or in consequence of adoption; and according-
ly in deducing any relationship which under
the provisions of this Ordinance is included
within the meaning of the expressions "pa-
rent" and "child", any illegitimate person
and any adopted person shall be treated as be-
ing, or as having been the legitimate offspring
of his mother and reputed father or, as the
case may be, of his adopters.
Section 11 of 3. Section 11 of the principal Ordinance is hereby amended
principal by substituting the words the Windward Islands and Leeward
Ordinance Islands for the word Judicature in the second line thereof.
amended.
New sections 4. After section 11 of the principal Ordinance the following
added to sections shall be inserted :-
principal 0
Ordinance.
Compensation for Injuries (Amendment). 1951.
12. In assessing damages in any action un- "Exclusion of
der this Ordinance there shall not be taken payments by
into account any sum paid or payable on the insurers in
death of the deceased under any contract of assessment of
assurance or insurance, whether made before damages.
or after the passing of this Ordinance."
13. In any action brought under this Ordin- Damages in
ance damages may be awarded in respect of respect of
the funeral expenses of the deceased person if funeral
such expenses have been incurred by the par- expenses.
ties for whose benefit the action is brought.
14. (1) Subject to the provisions of this Effect of
section, on the death of any person after the death in
commencement of this Ordinance all causes of certain causes
action subsisting against or vested in him of action.
shall survive against, or, as the case may be.
for-the benefit of, his estate. Provided that
this subsection shall not apply to causes of ac-
tion for defamation or seduction or for induc-
ing one spouse to leave or.remain apart from
the other or to claims for damages on the
ground of adultery.
(2) Where a cause of action survives as
aforesaid for the benefit of the estate of a de-
ceased person, the damages recoverable for
the benefit of the estate of that person :-
(a) shall not include any exemplary dam-
ages;
(b) in the case of a breach of promise to
marry shall be :limited to such damage,
.if.:any, to the estate of that person as
flows from the breach of promise to
marry;
(c) where the death of that person has been
caused by the act or omission which
gives rise to the cause of action, shall
be calculated without reference to any
loss or gain to his estate consequent on
his death, except that a sum in respect
of funeral expenses may be included.
(3) No proceedings shall be maintainable in
respect of a cause of action in tort which by
virtue of this section has survived against the
estate of a deceased person, unless either-
(a) proceedings against him in respect of
that caUse of action were peidiing ht
the date of his death; or
No. .Compensation for Injuries (Amendment). 1951.
(b) the cause of action arose not earlier
than six months before his death and
proceedings are taken in respect thereof
not later than six months after his per-
sonal representative took out represen-
tation.
(4) Where damage has been suffered by rea-
son of any act or omission in respect of which a
cause of action would have subsisted against
any person if that person had not died before
or at the same time as the damage was suf-
fered, there shall be deemed, for the purposes
of this Ordinance, to have been subsisting
against him before his death such cause of ac-
tion in respect of that act or omission as
would have subsisted if he had died after the
damage was suffered.
(5) In the event of the insolvency of an es-
tate against which proceedings are maintain-
able by virtue of this section, any liability in
respect of the cause of action in respect of
which the proceedings are maintainable shall
be deemed to be a debt provable in the admin-
istration of the estate, notwithstanding that
it is a demand in the nature of unliquidated
damages arising otherwise than by a contract,
promise or breach of trust.
(6) The rights conferred by this section for
the benefit of the estate of deceased persons
shall be in addition to and not in derogation
of any rights conferred on the dependents of
deceased persons by sections 2 to 13 inclusive
of this Ordinance, and this section which re-
lates to causes of action against the estate of
deceased persons shall apply in relation to
causes of action under the said sections 2 to 13
inclusive as it applies in relation to other
causes of action not expressly excepted from
the operation of subsection (1) of this section.
Section 9(1), 5. Subsections (1), (2) and (4) of section 9 of the Intestates
(2) and (4) of Estates Ordinance, 1947, are hereby repealed.
Ordinance
No. 24 of 194M
repealed.
Passd ithe Legislative Council this day of 1951.
Older of Legislative Counil.
No. .Compensation for Injuries (Amendment). 1951.
OBJECTS AND REASONS.
The objects of this Bill are as follows :-
(a) to extend the benefits of actions which may be brought by the
dependents of persons killed by any unlawful act or default to
illegitimate and adopted persons;
(b) to exclude from consideration when assessing charges under this
Ordinance, any sum paid or payable by insurance companies to the
dependents of the deceased;
(c) to permit damages to be awarded to dependents in respect of the
funeral expenses of the deceased if the dependents have in fact incurred
such expenses;
(d) to ensure that on the death of a person after the commencement of this
Ordinance all causes of action subsisting against or vested in him shall
survive against, or as the case may be, for the benefit of his estate,
except in the cases mentioned in section 14 (1).
2. The Bill also makes it clear that damages which may be obtained under
section 14 are for the benefit of the estate of the deceased and in no way affect
the remedies vested in his dependents under sections 2 to 13.
3. As a result of the provisions of section 14, subsections (1), (2) and (4) of
section 9 of the Intestates Estates Ordinance which relate to injuries to property
only are now unnecessary and have been repealed.
P. CECIL LEWIS,
Creow Attorney.
CrownAttorney's Chambers,
Court House,
Kingstown,
8th March, 1951.
209
SSAINT VINCENT1
STATUTORY, RULES ANIJ'iDE J
1951, No. 78.
PRICES CONTROL (AMENDMENT 2
(Gazetted 31st July, 1.951) .
1. Short title. This Notice should be 'cited' as the Prices Control
(Amendment No. 26) l'tice.
2. Amendment. The prices set out hereunder are the Maximum .
prices for which the articles enumerated may be sold in the Colony and the First
Schedule Part B to the Prices Control Order 1947 (S.R. & 0. No. 25)- is hereby
amended by deleting all the words, figures and. symbols occurring in the columns
opposite the articles: "Onions-Madeira," "Tea-Blue Cross," and substituting
therefore the following :
FIRST SCHEDULE-PART B.
Article. Maximum Wholesale Price Maximum Retail Price.
SArea A" AI- /, .1' ., i
Onions-Maileira ... $1282 per ciate-of i5c. per lb. 16c. per lb. 17c. per lb.
110 lbs. -
Tea-Blue Cross- :
2 oz. skillets- .. $1.58 per lb. 23c. ppr, 24c. per 25c. per
ski lt 'skillet skillet
4 oz. skillets ... $1.54 per lb.44. p 4.5c. per A.'perc.
skillet skillet skillet
8 oz. skillets ... $1.50 per lb. 86c. ier 87c.e r ri. 88c. per
_____ ___ skill-t skillet ...skillet
Area A'" means the town of Kingstown and within one mile thereof.
Area B me-ns all other places throughout the Colony other than those.
mentioned in Areas A" and C".
Area C means all tiie viilages..,f iOverland, Sandy Bay, Owia, Fancy,
SWindsor Forest and the St. Vincent Grenadines.
Made by the Competent Authority under section 30 of the Prices Control -
Order 1047 (S. R. & 0. No. 25) this 28th day of July, 1951.
A. V. SPROTT,
Controller of Supptles.
(T 20/1949).
SDY BY THE GOVERNMENT PRINTER'AT THE GOVERNMENT PRINTING OFFICE,
KINGSTOWN, ST. VINCENT.
:--. -- '[ Price'4 cents:
,,191. .
