HONGKONG LEGISLATIVE COUNCIL 131 27TH OCTOBER, 1921.
PRESENT:―
HIS EXCELLENCY THE GOVERNOR, SIR REGINALD EDWARD STUBBS, K.C.M.G.
H.E. LIEUT.-GENERAL SIR GEORGE MACAULAY KIRKPATRICK, K.C.B., K.C.S.I. (General Officer Commanding the Troops in China).
HON. MR. CLAUD SEVERN, C.M.G. (Colonial Secretary).
HON. MR. J. H. KEMP C.B.E., K.C. (Attorney General).
HON. MR. C. MCI. MESSER, O.B.E. (Colonial Treasurer).
HON. MR. E. A. IRVING (Director of Education).
HON. MR. S. B. C. ROSS, O.B.E. (Secretary for Chinese Affairs).
HON. MR. T. L. PERKINS (Director of Public Works).
HON. MR. H. E. POLLOCK, K.C.
HON. MR. LAU CHU PAK.
HON. MR. P. H. HOLYOAK.
HON. MR. HO FOOK.
HON. MR. H. W. BIRD.
HON. MR. A. G. STEPHEN.
MR. S. B. B. MCELDERRY (Clerk of Councils).
The Oath Administered
The Hon. Mr. P. H. HOLYOAK, the representative of the Chamber of Commerce, having resigned and been re-elected, took the customary oath and his seat.
Minutes
The minutes of the last meeting of the Council were confirmed and signed by the President.
Papers
THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the following papers:―
Report of the Director of Public Works for the year 1920.
Regulation made by the Governor in Council under Section 6 of the Dogs Ordinance, 1893, on September 22nd, 1921.
Amendment of the Regulations made by the Governor in Council under the Public Places Regulation Ordinance, 1870, on September 29th.
Amendment of the Regulations made by the Governor in Council under the Queen's Recreation Ground Ordinance, 1898, on September 29th.
Amendment of the Regulations made by the Governor in Council under the Public Places Regulation Ordinance, 1870, on September 29th.
Regulations made by the Governor in Council under the Public Places Regulation Ordinance, 1870, on September 29th.
Regulations made by the Governor in Council under Section 17 of the Piracy Prevention Ordinance, 1914, on September 29th.
Regulations made by the Governor in Council under Section 3 of the Vehicles and Traffic Regulation Ordinance, 1912, as amended by the Vehicles and Traffic Regulation Ordinance, 1921, on October 6th.
Regulations made by the Governor in Council under Section 29 (4) of the Merchant Shipping Ordinance, 1899, Ordinance No. 10 of 1899, on October 20th.
Regulations made by the Governor in Council under Section 4 of the Stamp Ordinance, 1921, on September 8th.
(All the above regulations have been published in the Gazette.)
132 HONGKONG LEGISLATIVE COUNCIL
Abstract showing the differences between the approved estimates of expenditure for 1921 and the estimates of expenditure for 1922.
Financial Statements in connection with the Estimates for 1922.
Report of the Commission appointed to enquire into the conditions of the industrial employment of children in Hongkong, and the desirability and feasibility of legislation for the regulation of such employment.
Return showing the number of boys under the age of 18 who have been admitted to prison for each quarter since the 1st January, 1920, viz.:―
QUARTER ENDING. NUMBER OF BOYS.
31st March, 1920 .................... 95 30th June, 1920 .................... 116 30th Sept., 1920 .................... 129 31st Dec., 1920 .................... 108 31st March, 1921 .................... 42 30th June, 1921 .................... 67 30th Sept., 1921 .................... 62
Finance
THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table Financial Minutes Nos. 84 to 113, and moved that they be referred to the Finance Committee.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the Report of Finance Committee No. 11 and moved that it be adopted.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
Children's Playground at the Peak
HON. MR. H. W. BIRD, in accordance with notice previously given, asked the following question:―
In view of the fact that the new motor road has destroyed the principal Children's play ground at the Peak, will the Government lay out a new Garden for their use in the hollow
leading off the Chamberlain Road below Plunketts Gap?
THE COLONIAL SECRETARY replied― In view of the contemplated road extension in the vicinity of the site in question, the Government, whilst not unfavourable to the proposal, considers it desirable to postpone any ultimate decision with respect to it until the extension is completed.
Child Labour and Boys in Prison
HON. MR. H. E. POLLOCK, K.C., in accordance with notice previously given asked the following questions:―
1. ― When will the Report of the Committee on Child Labour be published?
2.―Will the Government lay upon the table of the Legislative Council a return, showing the number of boys, under the age of 18, who have been sent to prison, for each quarter since the 1st January, 1920?
THE COLONIAL SECRETARY replied―
1. The report has been laid before Council to-day.
2. The return has been laid on the table. Light Dues
THE COLONIAL SECRETARY proposed the following resolution:―
"It is hereby resolved by this Council that light dues shall continue to be collected at the rates laid down in Table P of the Schedule to the Merchant Shipping Ordinance, No. 10 of 1899."
He said: Hon. members will remember that when they agreed to a continuation of the light dues on the same scale as they have been levied for some years the Government gave a pledge that they would be only for the current year, and such dues would not thereafter be collected on the same scale except by a resolution of the Council.
THE COLONIAL TREASURER seconded the resolution.
The motion was agreed to.
HONGKONG LEGISLATIVE COUNCIL 133
The Liquor Duties
The COLONIAL SECRETARY proposed the following resoltion:―
It is hereby resolved that the resolution made by this Council under the provisions of section 41 (1) of the Liquors Consolidation Ordinance, 1911, on the 7th day of April, 1921, published in the Gazette on the 7th day of April, 1921, as Government Notification No. 139 as amended by the resolution made by this Council on the 23rd day of June, 1921, published in the Gazette on the 24th day of June, 1921, as Government Notification No. 279 be further amended as follows namely:―
1.―By cancelling the words "brandy and" in line 4 thereof and by adding the word "brandy" between the words "all" and "whisky" in line 5 thereof.
2. ― By cancelling the clause thereof marked (3) and substituting therefor the following clause:―
(3) On all intoxicating liquors other than spirits of wine, arrack, and native wines and spirits, heretofore or hereafter imported into, distilled, made, or prepared in the Colony above the strength of 18deg. under proof there shall be paid an additional duty of 7 cents per gallon for every degree above such strength.†
THE COLONIAL SECRETARY said ― Representations have been made by the French Government through the French Ambassador in London with regard to the duty levied on brandy in Hongkong. It has been represented that it is high compared with the duty levied on other spirits and this operates unfavourably towards a product of France. After careful consideration it appeared to the Government that there is no justification for levying a higher duty on brandy than on other spirits, and this resolution will have the effect of reducing the amount of the duty payable on brandy to the same amount as is payable on whisky, gin, rum and other spirituous liquors.
† NOTE: ― The effect of the above resolution is to reduce the existing duty on
brandy to the same amount as that now payable on Whisky. Gin, Rum and other spirituous liquors. The other duties payable on liquors remain the same.
THE COLONIAL TREASURER seconded. The resolution was agreed to.
The Budget
THE COLONIAL SECRETARY moved the first reading of a Bill intituled, An Ordinance to apply a sum not exceeding sixteen million four hundred and fifty thousand one hundred and thirty-one dollars to the Public Service of the year 1922.
EXPENDITURE
Governor............................................ $ 91,084 Cadet Service..................................... 295,171 Colonial Secretary's Department
and Legislature.............................. 60,778 Colonial Secretary's Special Expenditure................................... 1,126 Secretariat for Chinese Affairs.......... 20,600 Audit Department .............................. 53,730 Treasury ............................................. 71,840 Treasury, Special Expenditure........... 260 Harbour Master's Department. .......... 272,154 Harbour Master's Department,
Special Expenditure...................... 22,880 Imports and Exports Department ...... 711,778 Royal Observatory............................. 34,141 Royal Observatory, Special
Expenditure................................... 1,050 Miscellaneous Service....................... 517,446 Judicial and Legal Departments........ 291,673 Police ................................................. 1,456,785 Police, Special Expenditure .............. 64,575 Fire Brigade ....................................... 115,627 Fire Brigade, Special Expenditure .... 57,000 Prison ................................................. 315,659 Prison, Special Expenditure .............. 30,900 Medical Department .......................... 399,324 Medical Department, Special
Expenditure................................... 12,550 Sanitary Department.......................... 578,040 Sanitary Department, Special
Expenditure................................... 61,530 Botanical and Forestry Department .. 73,967 Education ........................................... 731,361 Education, Special Expenditure ........ 122,995
134 HONGKONG LEGISLATIVE COUNCIL
Volunteer Defence Corps........... 33,794 Public Works Department.......... 800,330
For next year the Revenue is estimated to amount to $17,276,260. The principal
Public Works Department, Special Expenditure ..............
1,350
increases over the estimated revenue for this year are as follows:―
Public Works, Recurrent............ 899,550 Public Works, Extraordinary ..... 6,611,300 Post Office ................................. 381,422 Kowloon-Canton Railway......... 530,421
Assessed taxes..................... $ 159,800 Liquor duties....................... 279,400
Kowloon-Canton Railway, Special Expenditure ..............
265,345
Stamp duties........................ 100,000 Tobacco duties .................... 444,500
Pensions ..................................... 393,111 Charitable Services.................... 67,484
Total.......................... $ 16,450,131
THE COLONIAL TREASURER seconded
H.E. THE GOVERNOR said―Honourable Members of the Legislative Council.
In submitting for your consideration the Estimates of Revenue and Expenditure for the year 1922, I feel that you will concur with me in regarding our financial position as quite satisfactory.
The year 1920 finished with a balance of revenue over expenditure of $200,078.41 and a balance of assets over liabilities of $4,490,266.31.
It is now estimated that the revenue for the current year will amount to $16,590,519 or $1,254,169 more than the original estimate. This change is due to the large sums realised recently by the sale of Crown Lands which more than balance a prospective deficit in the estimated revenue from the sale of opium, and in the estimated revenue from stamp duties owing to the Ordinance increasing the duties not having been passed until May.
The expenditure for the current year is now estimated at $16,111,990 or $1,237,160 less than the original estimate. Owing to various causes it was impossible to begin several of the larger public works until the year was well advanced with the result that the sum that will probably be expended is $3,307,500 instead of $4,967,400.
The balance of Assets over Liabilities at the end of this year is now estimated at $4,968,795.
Postage ................................ 95,000 Railway―net ...................... 77,500 Rents―net........................... 52,400 Interest................................. 40,000 Conservancy Contracts....... 48,100 Land sales............................ 1,334,000
The last item includes the balance of the large sum realised by the recent sale of the site of the old Post Office and Supreme Court, which is not due till early next year. Stamp duties are fully realising our expectations while the amount collected for Tobacco duties is now actually more than the revenue from opium before the commcement of the Monopoly.
Passing now to the principal decreases in the revenue, the figures for the opium Monopoly have been further reduced by $500,000, and again I would remark that though unfortunate from a financial aspect, this decrease is gratifying from a wider point of view. Other large decreases are
China Companies Fees ............... $56,270 Engagement and Discharge of
Seamen ................................... 20,500 Sunday Cargo Working Permits . 25,000
The expenditure for next year is estimated to amount to $20,207,980, being $2,858,830 more than the original estimate and $4,095,990 more than the revised estimate for the current year. The increases and decreases under each department are set out in the sessional paper which has been laid on the table. In order to make Revenue and Expenditure balance it will be necessary to draw upon our balances to the extent of $2,931,720 if the large sums provided for Public Works Extraordinary are expended.*
* See Debate of November 14th.
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It will be observed that the amount required for personal emoluments is considerably larger than before. This is due both to increases of salaries in several departments, and to all sterling salaries being reckoned at twelve dollars to the pound under the sliding scale authorised last year. There will be savings on all sterling salaries so long as the exchange value of the dollar is above 2s. 6d.
TREASURY
The staff at the Treasury has been slightly increased to cope with the additional work, and there is a considerable increase in the clerical salaries owing to the revision.
HARBOUR MASTER'S DEPARTMENT
In the Harbour Master's Department, a few additional posts have been found necessary, and it is anticipated that the revenue will be increased thereby. In this department, the votes under other charges for coal, repairs and stores for launches have been increased by the transfer to the vote of amounts previously paid by the Medical and Prison Departments in connection with their launches. The Harbour Department will for the future take charge of the running of these launches, and it is expected that greater efficiency will result. Provision has further been made under special expenditure for the purchase of a new launch for the Department to replace "H.D.2" and for making certain changes in the lights at Green Island, Gap Rock and Waglan.
IMPORTS AND EXPORTS OFFICE
In the Imports and Exports Department provision has been made for additional staff, including four additional Revenue Officers and ten Chinese Revenue Officers. The steam launch attached to this Department is, by an exchange with the Police Department, being replaced by a motor launch, which will cost the Department less to run. Purchase of Raw Opium is estimated at $150,000 less than in 1921. Under other charges a sum of $4,000 has been included for liquor labels. The Superintendent expects by this system to simplify the detection of persons who evade the the liquor duties.
MISCELLANEOUS SERVICES
Under Miscellaneous Services on page 30, honourable members will find the following changes of importance.
$1,700 has been added to the bathing beaches vote to provide for the additional beach at Stonecutters. The vote for the University is made up of the annual grant of $50,000, $36,000 interest at 6 per cent. on the outstanding balance of $600,000 of the Government contribution and a further instalment of $100,000 to be paid at the end of the year. A sum of $5,000 has been inserted for the first time for the running expenses of Government motor-cars. The $100,000 provided in 1921 as special allowance on salaries disappears with the revision of salaries provided for elsewhere.
POLICE DEPARTMENT
The large increase both in Personal Emoluments and other charges in the Police Department is mainly due to the fall in exchange, there being a large establishment of European officers on sterling salaries. The only other increase of importance is due to the provision of an additional harbour launch, and the transfer of a steam launch from the Imports and Exports Department in exchange for a motor boat. These changes have necessitated an increase both in personal emoluments and in the items of coal, repairs, etc., for launches. It has also been necessary to replace a wornout launch by a new launch. Hence the provision for two new launches under special expenditure. Provision has also been made in special expenditure for two additional search lights. These are intended for two of the four large cruising launches of which one has already been provided with a search light. It is intended to provide the cost of a search light for the remaining launch in the estimates for 1923.
FIRE BRIGADE
In connection with the re-organisation of the Fire Brigade as recommended in sessional paper No. 7 of 1921, it has been thought advisable to separate the Police Department and Fire Brigade entirely in the Estimates for 1922. The large increase in the latter is due entirely to provision being made to carry into effect the recommendations made by the Captain Superintendent of Police.
136 HONGKONG LEGISLATIVE COUNCIL
PRISON DEPARTMENT
A new post of Warder in charge of the Printing Shop has been included in the Prison Estimates, with the object of eliminating waste, saving time, and generally increasing the efficiency of the Shop. This appointment was recommended in a valuable report made by the late Mr. E. J. Noronha. $30,000 has also been inserted under special expenditure on page 47 for the purchase of a new steam launch for use in connection with the Lai Chi Kok Prison. The old launch V.G.1 was condemned and sold, and for approximately five months of this year the Department has paid for the hire of a launch, but it is proposed to purchase a new launch in 1922 which will be specially designed for the accommodation of prisoners, and will be essential when the new gaol at Ngau Shi Wan is completed.
MEDICAL DEPARTMENT
Under the Medical Department, sums have been included under personal emoluments, other charges and special expenditure in connection with the new Out-Patients Department at the Government Civil Hospital. A sum of $25,000 was provided in 1921 estimates for the construction of the building: and it is anticipated that this Department will be working during part of next year. The increased cost of medical appliances and of materials generally accounts for the increase under other charges on the Medical Department.
SANITARY DEPARTMENT
In the Sanitary Department, a total increase of $15,922 results from the additional staff required to cope with the increase of the city and the consequent extension of the Department's activities. A number of public works have been included in Public Works Extraordinary on behalf of the Department, e.g., bathhouses, dust-stations, cattle depot and small markets. The Department also requires a new steam launch and refuse junks which have been inserted as items of special expenditure; all of which entail a further increase of staff and of certain votes under other charges, e.g., fuel, coal, light, disinfectants.
BOTANICAL AND FORESTRY DEPARTMENT
Under the Botanical and Forestry Department a new post of Supervisor has been created for work in connection with plantations in remote districts. The vote for Brushwood clearing has been increased by $2,500 to make provision for the clearing of larger areas adjoining houses and roads in connection with the campaign against mosquitoes organised by the Sanitary Board. This work has necessitated various small increases in the staff of the Department also.
EDUCATION DEPARTMENT
In the Education Department, an increase of $62,837 is provided for subsidies to Vernacular Schools. This is in some degree compensated for by a reduction of $18,667 in the item "Capitation Grants." It is hoped by means of these subsidies to extend educational facilities to a larger proportion of the poorer classes.
PUBLIC WORKS DEPARTMENT
In the department of Public Works a very large increase of expenditure is shown under the head of "Personal Emoluments." After careful consideration the Secretary of State has sanctioned the system of continual increments for all engineers to date from the 1st January, 1921. The two assistants of the Director of Public Works have been granted salaries of £1,000 rising by increments of £30 a year to £1,150. Engineers begin on a salary of £460 rising by increments of £20 a year to £700, and by increments of £25 a year to £950, while officers in executive charge of Sub-Departments draw a charge allowance of £100 a year. There are strict efficiency bars at £600 and at £700.
I feel sure that this recognition of the excellent work done by officers of the Public Works Department will be gratifying not only to honourable members, but to those outside this council who are daily brought in contact with the results of their labours. The staff of Engineers has been increased in order to cope with the many important works in hand and contemplated, and I think it will be conceded, when we come to consider the
HONGKONG LEGISLATIVE COUNCIL 137
Public Works Extraordinary programme for next year, that the increase is fully justified. Two items of expenditure of expenditure of $12,000 and $10,000 have been inserted under other charges, in connection with the Government Quarry for upkeep of Quarry Plant and Quarry Stores. The increase in the amount provided for "Public Works Recurrent" is small, but I hope will be found sufficient.
The total sum provided for Public Works Extraordinary is $6,611,300 an increse on the estimate for the present year of $1,643,900. The vote for this year was far larger than any vote for Public Works in previous years, so that honourable members will be able to gauge the extent to which the rapid development of the Colony is making it necessary to spend sums on roads, buildings, reclamations and water works that were undreamt of a few years ago. Many works that are desirable, though not very urgent, have had to be dropped for the present. I would mention in particular the tramway to Wanchai Gap, a work which may have to be proceeded with before long as the construction of houses on the new road in the vicinity of Wanchai Gap and on Mount Cameron proceeds. It is recognised that useful in many ways as the road to the Hill District will be, cheap and rapid transit at regular intervals is necessary to a central point. As, however, no definite plans have been prepared for this work, and the method of working the tramway has not been decided on, it is unnecessary to increase the vote for Public Works by a sum that will probably not be spent.
The greater portion of the whole sum to be voted is absorbed by works already in progress, and I need only refer to works for which provision is now made for the first time. In Hongkong, under the heading "Buildings" Item 3 has been increased to provide for six more houses on Leighton Hill in two blocks of three each. Item 4 has been increased to provide more accommodation than was originally intended. Item 10 provides a sum for beginning the new buildings for Saiyingpun School on a site on Bonham Road, which will probably be acquired during next year. Item 11 is for a small bungalow in the grounds of Government House to supplement the
inadequate bedroom accommodation of the House. I referred to this matter in speaking in the Estimates last year. Item 12 is the first expenditure under a scheme for removing Queen's College from its present site to a much larger site on Caroline Hill. A Committee appointed last year reported very unfavourably on the present buildings, and the development during the last few years of a taste for field games among the Chinese has rendered is essential that any site to which the principal Government School is to be transferred shall not only be easily accessible, but shall have ample grounds for recreation of every kind. These conditions are fulfilled by the site chosen and as soon as plans for the new school are approved an estimate of the cost will be placed before Honourable Members. I may point out that the amount which will be realised by the sale of such portion of the present site of Queen's College as may be available after the area has been laid out to suit city developments will go far to pay for the new College.
Item 15 is for a small market in the neighbourhood of Causeway Bay, and Item 16 is for an underground miniature rifle range at the side of the Hongkong Volunteer Defence Corps parade ground, which will be most useful for training during the winter.
Under "Communications" the first five items are for works already in progress, and it is expected that all except the first item will prove remunerative undertakings. I may mention that one piece of land opened up by the new road to the Peak sold a few days ago for $80,000, which is exactly the estimated cost of completing the road to Victoria Gap.
Item (g) provides a sum for beginning the 100 foot road from Causeway Bay to North Point, but it is probable that the large amount of filling required for reclaiming the sites recently sold at North Point will be obtained to some extent from the route of this road and the heavy cost of making it will thus be reduced.
Item (h) is for very necessary widening of the road at Shaukiwan. Item (i) is a 10 foot road at a level of about 800 feet which will join the Peak Road at a rather lower level and eventually connect with the road to be begun under Item (m). It is expected that these roads will open up good building sites.
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Item (j) provides for widening and improving curves on Victoria Road.
Item (k). This road will have the effect of opening Conduit Road to wheeled traffic.
Item (l) is really a new work as none of the money voted for this year has been spent. It is proposed to begin a road from Wanchai Gap along the south side of Mount Cameron where building sites are being applied for.
Item (n) required for a road to give access to sites already sold on Victoria Road.
Item (p) is for a road in front of building sites on the side of the ridge in the Happy Valley.
Item (q) provides for making the roadway in Queen's Road East as resumptions become possible.
Item (s) is required in accordance with covenants entered into to connect the houses on Broadwood Road with the road from Morrison Gap to Wanchai and Wong-nei-chong Gaps.
Item (t) provides for much needed improvements in the alignment of the roads mentioned.
Item (v) is for raising and paving the Praya at Kennedy Town where it has sunk below the proper level.
Under "Drainage" provision is made for completing the sewer from Wanchai Gap to the sea near Aberdeen and for drainage on the road to Wanchai Gap and at Repulse Bay. The last named work will be paid for by lessees of land.
Under Miscellaneous Works, Item 25 is for the construction of the new Queen's Statue wharf. Item 26 for enlargement of the Government depot at Tsat Tsi Mui where all the work in connection with reinforced concrete piles, paving slabs and road surfacing is carried on.
Items 28 to 40 require no special comment. Large sums are provided under the heading "Waterworks" for developments to meet the increased consumption of water which taxed the existing means of distribution severely during the summer months. I would take this opportunity of remarking that a careful examination of all possible catchment areas in the island shows that we are approaching the limit of our water supply and that in the not distant future it may be necessary to tap new areas.
Under Item 56 provision is made for the
work in connection with the Praya East Reclamation Scheme which will be necessary during the year.
In Kowloon large sums are provided for work on the hospital and police stations at Yaumati and Mongkoktsui. Item 60 provides for a cattle and swine depot at Yaumati, the necessity for which has been urged by the Sanitary Board. Under Item 61 provision has been made for beginning the construction of quarters for the scavenging staff. The extension of the Fire Station (Item 62) is for the accommodation of the firemen for whom there is no room in the Police Station. Item 65 provides for an underground chamber at the Royal Observatory for the Seismograph and other delicate instruments. The remaining items for buildings require no special comment.
Under the heading "roads" the principal work of construction is the 100 foot road from Sham Shui Po to Kowloon City, with the nullah to carry the large stream from the east side of the railway. Provision is made for this under items 74 (a) and 75 (a). It is also proposed to spend a sum of $100,000 in improving the surface of the existing main roads.
Under the heading "waterworks" provision is made for improving the distribution of water in Kowloon.
As regards the New Territories, under which heading New Kowloon is included, it is hoped to make a start with the gaol at Ngau Shi Wan and to build a Police Station at Shatin, a new Public Works Bungalow at Taipo chiefly for the use of surveyors, and other buildings as set out in Items 94, 95 and 97. I would mention specially Item 92 which provides for reconstructing three of the sheds at Lai Chi Kok at present used as a gaol, as it is considered that the present sheds would be unsafe in a typhoon. The Diaphone Fog Signalling Installation at Waglan Island on the Canadian model should prove of great value to shipping.
Under "roads" the principal work is the continuation of the surfacing of the main road from Lai Chi Kok to Castle Peak and Taipo.
Item 102 and 105 (a) and (b) described as the Kowloon Tong Development Scheme relate to a large housing scheme, which has been under consideration for some time. It has been decided that the best method of carrying the scheme
HONGKONG LEGISLATIVE COUNCIL 139
into effect is for the Government to do the work of levelling and draining the area and to sell the land to a company, which under certain restrictions will arrange for the building of houses. The road provided for under item 101 (f)
will give access to the area from Kowloon.
Under Item 104 a sum of $200,000 is provided for continuing the reclamation at Sham Shui Po.
The refuse dump referred to under Item 107 is an alternative method of disposing of refuse to that of dumping at sea, which has certain disadvantages. The dump will eventually when consolidated form a valuable reclamation.
Under "Waterworks" provision is made for two small schemes at Taipo and Fanling both of which should prove remunerative.
POST OFFICE
Under Post Office, provision has been made for the re-organisation of the staff of the Cape d'Aguilar Wireless Station on transfer from the Naval Authorities to the Colonial Government. Increased work in connection with the provision of Wireless Telegraph on ships and the issue of licences for Wireless Telegraph necessitates a larger staff.
KOWLOON-CANTON RAILWAY
In the Kowloon-Canton Railway, an anticipated increase in the Traffic has entailed increased estimates for items such as coal and oil, which is partly counter-balanced by a reduction in repairs and renewals, sleepers, etc. The programme of Special Expenditure in this Department is heavy, but has been reduced to its minimum. The chief items are Improvements at Kowloon Station, an extension to a carriage shed at Hung Hom, new sidings and station at Sheung Shui, a new Carpenters Shop at Hung Hom and a sum of $30,000 for "Spares for Locomotives," all of which are considered necessary.
THE GENERAL FINANCIAL POSTION
May I, in conclusion, revert to the general financial position as indicated by these Estimates? The proposal to deplete our balances by a sum not far short of three million dollars may seem to require some defence, but I submit that it is in accordance with sound policy. The estimated excess of expenditure over revenue is
due solely to the very large programme of public works for which provision has been made. Judging from the experience of the past, I think it is unlikely that we shall be able to spend during the year the whole amount of $6,611,300 which appears on the Estimates. It is always the case that some works cannot be begun till late in the year: that circumstances prevent as much work being done on others as was hoped when the Estimates were framed and that others still have to be postponed owing to unexpected difficulties and delays. It is impossible to forecast what works may or may not fall under one of these categories and the best course that we can take is to make provision for the maximum programme which we could hope to carry out if all circumstances were favourable. It is, therefore, more than probable that the balances will not have to be drawn on to the extent which the Estimates appear to indicate and I think also that there is some reason to hope that we have taken a conservative view of the revenue which we may expect to receive.
Even, however, if the balances are reduced to the full extent suggested, I consider that the result may be regarded not only without alarm but with satisfaction for this reason―that by far the greater part of the expenditure on Public Works Extraordinary is for undertakings which, apart from the general benefits which they will confer on the community, will actually prove remunerative in the near future. The amount spent on these works is, therefore, not so much expenditure in the ordinary sense as a change of investments. We are moving our money from one form of security to another, transferring our capital from the scrip of loans into land and buildings. Take for instance, the votes amounting to practically half a million dollars for the Praya East Reclamation. This money will come back to us and will bring a handsome profit with it as soon as the reclamation is completed and might indeed be regarded for accounting purposes rather as an advance than as actual expenditure.
Then again the expenditure on roads is in practically every case recouped sooner or later by the sale of the building sites which they open up. This expenditure enables us to sell at good
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prices land which until the roads were constructed was almost valueless, so that much of our capital returns to us in this form while the increased receipts from Crown Rents and assessed taxes provide us with a permanent addition to our income. Some of the expenditure on roads is recouped almost at once―I need only refer to the recent sale of land on the new Peak Road, which I have already mentioned.
In other cases, we may have to wait a little longer as the sales of land will not begin until the development which the roads are intended to assist catches up with the work. Some roads are in the nature of lock-up investments which will certainly bring in good interest in the future though the exact date when they will begin to do so depends upon circumstances.
It is I submit essential to take a long view of the future position especially in the Kowloon Peninsula, and our plans are laid with this object. Wide roads, good drainage, an adequate water supply and cheap and efficient means of transport are some of the ends in view. It is only by providing such facilities that the housing problem can be solved, and with the return of general trade prosperity our best efforts will be required to keep pace with the needs of a rapidly growing population.
Having regard to these considerations I submit that, as I said last year and the year before, the policy of devoting our balances to works of development up to the fullest extent which the resources of the Public Works Department enable us to undertake is the best which it is possible to adopt in the interests of the Colony, and I have, therefore, no hesitation whatever in commending these Estimates to your approval.―(Applause.)
The first reading of the Bill was agreed to. Widows' and Orphans' Pension Ordinance
THE ATTORNEY-GENERAL―I beg to move the first reading of a Bill intituled, An Ordinance to amend the Widows' and Orphans' Pensions Ordinances, 1908 and 1921. The object of this Bill is to include within the scheme of the Widows' and Orphans' Pension Fund, throughout the whole
of their service, certain officers who, under the present scheme, only come under the obligation to contribute to the Fund at a later stage in their service. The reason is that it is the contributions during bachelorhood which count most in the calculations of pensions payable to widows and orphans, and it is proposed to bring these particular officers under the scheme of the Fund in order to ensure that the pensions which may become payable to their widows and orphans may be as large as possible. The persons who at present come under the scheme of the Fund are: (1) all persons in the permanent employment of the Government, and (2) European police officers of the rank of sergeant or any higher rank, or any other European members of the police force whose marriage is approved by the Captain Superintendent of Police. The Bill proposes to extend the scheme of the Fund to those European officers of the police force who at present are outside it and to other servants of the Government who are not members of the police force but are appointed on agreements for terms exceeding two years. There are two classes of these officers: first of all, officers appointed on what I may call probationary agreements, generally for three years, many of whom come at the end of three years on the permanent staff. It seems desirable that they should contribute to the Widows' and Orphans' Pension Fund from the beginning of their service―during the time of their probationary agreement. The other class of officers who will now come under the scheme of the Fund are certain officers who are appointed throughout the whole of their service for successive terms of five years. But for the fact that their agreements are for five years at a time they are, for all practical purposes, on the permanent staff. The Bill will only apply to officers appointed or reappointed after the Ordinance comes into force but an option is given to officers at present in Government service, who would have come under the scheme had they been appointed after the commencement of the Ordinance, to come into the Fund. They are given a certain time to declare their election. The Bill puts that down as a period of one month after return from leave to those who are on leave at the commencement of the Ordinance, and one month after the commencement of the
HONGKONG LEGISLATIVE COUNCIL 141
Ordinance in the case of officers not on leave. It is proposed to alter the period to three months in each case. Power is given to the Governor in Council to exclude from the operation of the Widows' and Orphans' Pensions Ordinance any officers who are appointed to work of a special or temporary character.
THE COLONIAL SECRETARY―I beg to second.
The Bill passed the first reading.
The "Objects and Reasons" attached to the Bill state:―
1. The object of this bill is to include within the scheme of the Widows' and Orphans' Pension Fund all European members of the police force, and all officers of the Government, other than police officers, who are appointed, either permanently, or on agreement for periods exceeding two years, and who receive at least $420 per annum.
2. At present, apart from the case of the police force which is dealt with below, an officer who is appointed on an agreement for a term of years does not come within the scope of the principal Ordinance, because he is not a person "permanently employed in the service of the Government." This adversely affects the prospects of the officer in the Fund, as it is the contributions during bachelorhood which are of the greatest importance in determining the amount of pension payable under the Fund to the officer's widow and children.
3. The officers of the police force are appointed and reappointed on agreements for five years, but European members of the force of the rank of sergeant or higher rank, and certain married European members of the force below the rank of sergeant, have been included in the scheme of the Fund. It is now proposed to make all European members of the police force contribute to the Fund. This will considerably increase the amount of the pensions payable to the widows and children of police officers, as it will provide for contributions from the officers during bachelorhood, and for the whole of their service.
4. Subject to what is stated in paragraph 6 below, this Ordinance will refer only to persons appointed or reappointed after the commencement of the Ordinance, and, as is the case with the existing Ordinances, it will not apply to any person whose salary is less than
$420 per annum.
5. Power is given to the Governor in Council to exclude from the operation of the Ordinance officers appointed for work of a special or temporary character, and provision is made for the return of any contributions made to the fund by any such officers before the date of exclusion.
6. Clause 4 of the bill gives to persons in the service of the Government at the commencement of the Ordinance, who are not liable to contribute to the Fund, but who would have been liable if they had been appointed after the commencement of the Ordinance, the right to elect to join the Fund.
Legal Practitioners Amendment Ordinance
THE ATTORNEY-GENERAL ― I beg to move the first reading of a Bill intituled, An Ordinance to amend further the Legal Practitioners Ordinance, 1871. This Bill proposes to make certain alterations in the law relating to the preliminary and final examinations which have to be passed by solicitors' clerks who are articled here. It also slightly alters the sanction provided for acting without qualification as barrister or solicitor.
Clause 2 deals with the preliminary examination. I should explain that all clerks articled here must pass, before they are articled, a certain examination called a preliminary examination unless they have already passed some examination which is to be taken as a substitute for that examination or received a special exemption from the Chief Justice. Clause 2 proposes to make the Hongkong University matriculation examination one of the examinations which is to be a ground for exemption from the preliminary examination. Most of the matriculation examinations in England are grounds of exemption there, and as the standard of the Hongkong University matriculation examination is as high as that of any matriculation examination in England there seems no reason why that examination should not be a ground of exemption here. The clause also provides that any examination that would in England be a ground for exemption from the preliminary examination there shall be a ground for exemption from the preliminary examination here, and a ground for exemption without any special order by the Chief Justice. At present an order is necessary.
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Clause 3 deals with the solicitors' final examination. Paragraph (a) of that section corrects an obvious drafting error in the Ordinance of 1871. Paragraph (b) of clause 3 provides that the fee to be paid to the examiners in the final examination may be fixed by regulation by the Governor in Council. At present these fees have to be fixed afresh for each new examination. It also provides that the fees payable to examiners are to be paid by the candidate or candidates. The intention is to fix the fee at $100 for each of the three examiners.
Clause 4 provides a new sanction for the offence of acting as a barrister or solicitor without qualification. The present sanction is a penalty of $200 which, apparently, has to be recovered in a civil action against the offending party. The clause proposes to make that sanction a fine of $1,000 recoverable on summary conviction before a magistrate.
THE COLONIAL SECRETARY seconded, and the Bill passed the first reading.
The "Objects and Reasons" state:―
1.―Clause 2 deals with the question of the preliminary examination which has to be passed by persons who intend to become articled clerks here.
2.―From 1871 to 1913 the law was that the Chief Justice might make regulations for this examination, subject to the approval of the Legislative Council, and that all persons intending to be articled in Hongkong had to pass the examination unless they obtained an exemption order from the Chief Justice. There was no restriction on the right of the Chief Justice to grant or refuse such an exemption order.
3.―In 1913 an amending Ordinance was passed which provided that the Chief Justice might grant an exemption order in the case of any person (a) who was a graduate of the Hongkong University or (b) who had passed any examination which would in England exempt him from the solicitors preliminary examination there.
4.―There are a great many examinations in England which are grounds for exemption from the solicitors preliminary examination. Among them is the Oxford Local examination. That examination used to be held in the schools here,
but about the year 1913 it was abandoned for the matriculation examination of the University of Hongkong.
5.―It seems probable that it was the Oxford Local examination which the legislature had in mind when the Ordinance of 1913 was passed, but the effect of that Ordinance is that no one now can obtain exemption from the preliminary examination unless (a) he is a graduate of the University of Hongkong, or (b) he has been educated in England and has passed one of the necessary examinations there.
6. ― As practically all matriculation examinations in England are grounds of exemption, and as the standard of the matriculation examination of the Hongkong University is as high as that of any matriculation examination in England, it seems only right that the matriculation examination of the University of Hongkong should be made a ground of exemption from the preliminary examination here.
7.―Paragraph (a) of Clause 2 of the Bill accordingly adds the matriculation examination of the University of Hongkong to the list of examinations which are grounds of exemption from the solicitors preliminary examination. Paragraph (b) of the same clause makes a consequential amendment in sub-section (3) of Section 3 of the principal Ordinance.
8.―It should, however, be pointed out that the question discussed in the preceding paragraphs above has already been decided in a somewhat different way in the regulations for the preliminary examination which were published in the Gazette of the 16th August, 1918. The short effect of these regulations is that persons intending to become articled here must pass in the obligatory subjects of the matriculation examination of the University of Hongkong held for candidates in the Faculty of Arts, and must also pass in certain portions of the matriculation examination in Latin. It is not, however, considered necessary or desirable to retain the requirement of the knowledge of Latin, because no such requirement is in force in England.
9.―Paragraph (a) of Clause 3 of the Bill corrects an obvious mistake in Section 11 of the principal Ordinance. That
HONGKONG LEGISLATIVE COUNCIL 143
section at persent provides that examiners for the purposes of the Ordinance must be the Attorney-General, a practising solicitor, and another person or other persons to be appointed by the Chief Justice. Obviously this is intended to apply only to the final examination, and the proposed amendment effects this object.
10.―Paragraph (b) of Clause 3 of the Bill gives the Governor in Council power to prescribe by regulation the amount of the fees to be paid to the examiners in the final examination. At present the fees have to be fixed afresh on each examination. The amendment also provides that these fees shall be paid by the candidate, or, if there be more than one candidate, by the candidates in equal shares. It is proposed to fix the examiners fees at $100 each, so that a candidate may have to pay $300 for the examination.
11. ― Clause 4 authorises a fine of one thousand dollars on summary conviction instead of a penalty of two hundred dollars (apparently recoverable by a common informer) as the penalty for unlawfully practising as a barrister or solicitor. The consent of the Attorney-General for the institution of proceedings is made no longer necessary.
12.―Clause 5 is a consequential amendment. Rents Amendment Ordinance
THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, An Ordinance to amend the Rents Ordinance, 1921, and said― The object of this Bill is to make a number of amendments in the Ordinance which was passed earlier in the year. Some of them are aimed at preventing evasions of the law by certain classes of landlords,―who I hope, are in the minority―who seem to be determined to evade the provisions of the principal Ordinance if they possibly can.
Clauses 2 and 7 deal with paragraph (f) of sub-section 1 of section 4 of the principal Ordinance with provides that a landlord may give notice to quit to his tenant, and may recover possession if he intends bona fide to pull down the premises or reconstruct them to such an extent as to make them technically a new building. It appears that certain landlords have been trying to treat this section in a manner which is not bona fide: in other words they have been giving, or contemplating giving
notice to quit, when they have had no real intention at all of reconstructing or pulling down, but are prepared to do nothing at all to the building if only the tenant will agree to pay increased rent.
Clause 7 provides that no notice given under that paragraph of the principal Ordinance shall be valid unless given or confirmed by leave of the Court. A landlord intending to give such notice must show the Court grounds for believing that the notice given is bona fide, and on the application to the Court to give notice the tenant, of course, will have the opportunity of being heard. The clause applies also to notices already given before the commencement of the Ordinance; they will not be valid unless confirmed by the Court on application made on the same grounds as application for leave to give notice.
Clause 2 is another attempt to strengthen that paragraph in the interests of the tenant. It provides that if the landlord gives notice, he must state in writing whether he intends to pull down the premises or reconstruct and if he intends to reconstruct he must state the exact nature of the reconstruction intended. It is hoped that tying down the landlord to a specific statement in writing of his intentions will be some additional safeguard to the tenants.
Clause 3 makes a slight technical amendment.
Clause 4 deals with the transfer of an action from the summary jurisdiction of the Supreme Court to the original jurisdiction. Under the principal Ordinance all actions under that Ordinance have to be tried in summary jurisdiction the object, of course, being to ensure a speedy hearing and to reduce costs. It sometimes may happen, however, that two actions may be pending at the same time in the two divisions of the Supreme Court one in the summary jurisdiction, brought under the Rents Ordinance, and one in the original jurisdiction which must be tried in that jurisdiction because of the amount involved. These two actions may refer to the same premises and raise the same facts, and it may be very inconvenient to have the two actions tried separately in different courts. At present there is no power to transfer a summary action to original jurisdiction so as to enable the two cases to be consolidated and tried together. This clause will give this power.
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Clause 5 is one of the clauses aimed at evasion. It appears that certain landlords are in the habit of issuing distress warrants for rent in excess of the rent recoverable under the Ordinance that is, rent in excess of the standard rent―no doubt relying on the tenant being too ignorant or too poor to take proper proceedings to question the legality of the distress. The clause proposes to make it an offence to issue such distress warrants and proposes to give the magistrate on the summons being heard power not only to fine the offending landlord, but also to order him to pay back to the tenant any rent in excess recovered by means of the illegal distress; also damages not exceeding $250. This clause also applies to cases where a landlord demands or extracts rent in excess of the standard rent, under threat of issuing such illegal distress warrant.
Clause 6 is another clause aimed at evasion. It provides that it shall be a criminal offence punishable by a fine of $1,000 for any person to do any act whatsoever mala fide to induce a lessee to give up possession. That has been inserted because certain landlords have gone so far as to remove windows in wet weather, and even staircases, to drive the tenants out.
Clauses 8, 9 and 10 are partly declaratory and partly intended as amplifying and pursuing the policy of the principal Ordinance. Clause 8 provides that notice to quit given by a lessee shall not affect the right of any sub-lessee to remain on in his own part of the house, unless he joins in or confirms the notice to quit. That was believed to be simply declaratory when the Bill was drafted, and that is now confirmed by the Court. It has been held in a recent case that the law as stated in this clause is, in fact, the existing law; but to make the matter perfectly clear I think it well to retain this clause in the Bill.
Clause 9 provides that an ejectment order against a lessee is not to affect the right of any sub-lessee to remain on in his part of the premises. That is taken from the English Act.
Clause 10 provides that where the interest of the lessee of a domestic tenement is determined in any way whatsoever, in other words, when the lessee goes out, any sub-tenant who holds from him will become the tenant of the landlord from whom the lessee held, on the same terms as the original lessee, but, of course, at the standard rent. Since this Bill was drafted one or
two other points have been raised which it might be feasible to deal with in this Bill, and I propose after the first reading to move that the Bill be referred to the Standing Law Committee.
THE COLONIAL SECRETARY seconded, and the Bill was read a first time.
THE ATTORNEY-GENERAL then moved that the Bill be referred to the Standing Law Committee.
THE COLONIAL SECRETARY seconded, and the motion was agreed to.
The "Objects and Reasons" state, that "the object of this bill is to make in the Rents Ordinance, 1921, certain amendments which experience has shown to be desirable."
Clause 2 proposes to amend section 4 (1) (f) of the principal ordinance so as to oblige any landlord giving notice to his tenant under that paragraph to state definitely what he proposes to do. The paragraph in question gives the landlord the right to give notice only when he intends either to pull down the domestic tenement or to reconstruct it in such a way as to make it technically a new building. It is feared that some landlords may attempt to use this paragraph mala fide and with no real intention of pulling down or reconstruction, and it is thought that to require particularity in the notice may be some additional safeguard.
Clause 3 proposes to make a slight technical alteration which is intended to make it quite clear that any summary offence created in the principal Ordinance or amending Ordinance is to be tried before a magistrate.
The object of clause 4 is to give the summary court power to transfer to the original jurisdiction of the Supreme Court actions which under the principal Ordinance would otherwise have to be tried in the summary jurisdiction. A transfer of this kind might be desirable where an action relating to the same tenancy had already been commenced in the original jurisdiction and where such action could not be transferred to the summary jurisdiction. In such an event it might be highly inconvenient that the two actions should be heard separately in different courts.
HONGKONG LEGISLATIVE COUNCIL 145
A special explanation of sub-clause (3) of clause 4 seems desirable. The principal Ordinance, which contemplates only a trial in the summary jurisdiction, provides for an appeal from the summary jurisdiction to the full court of two judges. Speaking generally, however, the Full Courts Ordinance, 1912, provides that all appeals from the original jurisdiction, except interlocutory appeals, must be to the full court of three judges. Sub-clause (3) of clause 2 of the bill proposes to apply the provisions of the Full Court Ordinance, 1912, to any action transferred under sub-clause (1) of clause 2. The objection to making the appeal in such a transferred action lie to the full court of two judges is that it would in that case be necessary to provide that the appeal in any original jurisdiction action consolidated with the transferred action should also lie with the full court of two judges. It is certainly an objection to sub-clause (3) of clause 2 of the bill that an appeal to the full court of three judges places additional delay in the way of the determination of a class of cases which ought to be heard speedily, especially as the Ordinance is only a temporary one, but the consideration mentioned above seems to outweight this objection.
Clause 5 of the bill is ntended to check the practice of issuing distress warrants for amounts in excess of the standard rent, apparently in the hope, often well founded, that the tenant will have neither the means nor the knowledge to resist such an illegal distress by means of ordinary civil proceedings, with their attendant expense and technicality.
Clause 6 makes it a criminal offence, punishable with a fine of $1,000, for any person to do any act mala fide in order to induce a tenant to quit. This clause has been inserted because of complaints that certain landlords have been removing windows and even staircases in order to drive their tenants out.
Clause 7 provides that a notice to quit given under section 4(1)(f) of the principal Ordinance shall not be valid unless given or confirmed by leave of the court. It also provides that, even if leave is given, the lessee may apply at any time for damages if he can prove that the notice was not bona fide. Sections 4 (1) (f) of the principal Ordinance deals with cases where the lessor gives notice to quit on the ground that he intends to pull down or reconstruct the domestic tenement. Clause 4 has been inserted in the bill because it appears that certain landlords are
using this provision mala fide, i.e., in cases where they have no real intention of reconstruction and are prepared to abandon their alleged intention to re construct provided that the tenant is prepared to pay an increased rent.
Clause 8 provides that a notice to quit given by a lessee is not to affect any sub-lessee, unless the latter concurs with the notice.
Clause 9 provides that an ejectment order against a lessee is not to affect any sub-lessee. This provision is taken from the English Act.
Clause 10 provided that upon the determination of the interest of a lessee any sub-lessee becomes a statutory tenant of the head landlord on the same terms as he would have held from his immediate landlord if the latter's tenancy continued, but at the standard rent. This is also taken from the English Act.
Mercantile Bank Note Issue Ordinance
HON. MR. POLLOCK―I beg to move the first reading of a Bill intituled, An Ordinance to extend for a further period the powers granted by the Mercantile Bank Note Issue Ordinance, 1911, to the Mercantile Bank of India, Ltd., to make, issue, re-issue and circulate notes in the Colony. As hon. members will see from the statement of Objects and Reasons attached to this Bill, the present power of the Bank to make, issue, re-issue and circulate notes in the Colony, which was granted by Ordinance in the year 1911, will expire in the normal course on the 28th December of this year. It is proposed by clause 2 of the Bill to extend that period of expiry till the 13th August, 1929, after which date the Bank will cease to issue or re-issue notes but shall redeem any notes which it shall have previously issued or re-issued.
HON. MR. HO FOOK seconded, and the Bill passed the first reading.
The Objects and Reasons state: ― The Mercantile Bank Note Issue Ordinance, 1911, Ordinance No. 65 of 1911, empowered the Mercantile Bank of India, Limited, to make, issue, re-issue and circulate bank notes. This power was limited to a period of 10 years from the commencement of the Ordinance. It is now considered desirable to extend this period which expires on December 28th, 1921.
146 HONGKONG LEGISLATIVE COUNCIL
St. Joseph's College Incorporation Ordinance
HON. MR. POLLOCK―I beg to move the first reading of the Bill intituled, An Ordinance for the incorporation of the Christian Brothers School, known in French as "L'Institut des Freres des Ecoles Chretiennes" and known in Hongkong as St. Joseph's College. As hon. members will see from the statement of Objects and Reasons attached to this Bill, certain property belonging to this Colony is now vested in an individual who is absent from the Colony and who does not intend to return. That, Sir, is a very inconvenient matter for the College and the object of this Bill is to incorporate St. Joseph's College so that the property that is acquired for this purpose may be vested in it.
HON. MR. BIRD seconded, and the Bill was read a first time.
The "Objects and Reasons" state:―
1. ― The Christian Brothers School in Hongkong known as St. Joseph's College has acquired certain immovable property in the Colony for the purpose of carrying on its scholastic work. This property is at present vested in the name of an individual who has now left the Colony and who does not intend to return. In order to avoid the inconvenience which arises and may arise owing to the property being vested in an absent owner it is desired that the School should be incorporated by Ordinance, as has already been done in the Straits Settlements and the Federated Malay States.
2. ― The present Bill effects such incorporation and contains the necessary provisions for evidencing the appointment of the Director in Hongkong of St. Joseph's College for the time being.
Public Health and Buildings (Amendment) Ordinance
THE ATTORNEY-GENERAL ― I beg to move that the last item on the Order―the second reading of the Bill intituled, An Ordinance to amend further the Public Health and Buildings Ordinance, 1903―be discharged. So many amendments have been proposed to this Bill that it is better to withdraw it, and begin again with a fresh draft to be read a first time at a later meeting of the Council.
THE COLONIAL SECRETARY seconded,
and the Bill was discharged.
The Adjournment
HIS EXCELLENCY―I would suggest that we meet this day week in order to dispose of the minor items on the paper, leaving the subsequent meeting clear for the Supply Bill, if that meets with the approval of members.
No member dissenting HIS EXCELLENCY said: The Council will adjourn until this day week at 2.30 p.m.
FINANCE COMMITTEE
A meeting of the Finance Committee followed, the COLONIAL SECRETARY presiding.
H.E. THE GOVERNOR recommended the Council to vote the sums set out below:―
Railway Wagons
$21,213, on account of Kowloon-Canton Railway, Special Expenditure,
Wagons.
THE CHAIRMAN said―No provision was made in the estimates for the current year in respect of the wagons, as it was expected that they would be paid for in 1920. The final accounts were only received recently and the sum asked for is the equivalent in dollars of the balance due.
Approved.
The Governor's Incidental Expenses
$1,000, in aid of the vote Governor, Other Charges, Incidental Expenses.
THE CHAIRMAN―The estimate was cut down from $2,000 to $1,000 which proved insufficient. The sum of $2,000 is provided for next year.
Approved.
Path at Hunghom
$2,500, on account of Public Works, Extraordinary, Kowloon,
Communications, Roads, Path 10
feet wide to the North of Hunghom
Inland Lot No. 257.
HONGKONG LEGISLATIVE COUNCIL 147
THE CHAIRMAN―In connection with the recent extension granted to the Hongkong and Whampoa Dock Co., the Company, under one of the lease conditions, has to form half of the 60 foot road. In order to facilitate the Company's operations in removing the soil from a large portion of the road, it is necessary that an outlet should be provided over Crown land. This track is to be made of sufficient width to allow for a double line of trucks. The tender for making this track is $2,160 and $2,500 is asked for to cover all possible contingencies. I may say that the road tender of the Dock Company is considered a very reasonable one.
HON. MR. BIRD―Is the Dock Company going to make use of the road as well?
THE CHAIRMAN―Just for getting out the material.
THE DIRECTOR OF PUBLIC WORKS― They cannot get to the sea with their material unless they go over this piece of land of ours. This track will form a portion of the road of which the Dock Company's road will be a continuation.
Approved.
Water Works
$10,000, on account of Public Works, Extraordinary, Hongkong. Water
Works, Reconstruction of
unfiltered water main from Albany
to Elliot Filter Beds.
THE CHAIRMAN―This is required to lay an 18-inch main to convey an additional supply of water from Albany to Eliot Filter Beds. The balance of $80,000 is provided in the estimates next year.
Approved.
Gratuity to Inventor
£250, on account of Miscellaneous Services, Gratuity to Mr. S. G. Goard in respect of the use by the Colonial Government of his invention of improvements relating to Ships' Moorings.
THE CHAIRMAN―This question has been before the Committee before. In return for this the Colony will receive the full benefit of Mr. Goard's invention in regard to harbour
moorings.
Approved.
Launch Hire by Prison Department
$2,000, in aid of the vote Prison Department, Other Charges, Incidental Expenses.
THE CHAIRMAN―The launch V.G.I. was sold as she was useless. The sum of $2,000 is for the hire of the steam launch P.D.I. costing $400 a month, and being used by the Prison Department.
Approved.
Public Works in New Territories
$3,000, in aid of the vote Public Works, Recurrent, New Territories, Buildings, (37) Maintenance of Buildings.
THE CHAIRMAN―The vote is $15,000. The reasons for requiring a further $3,000 are the high percentage of the contract rate above schedule rates and the abnormal amount of repairs required in connection with the upkeep of Taipo and Au Tau Police Stations.
Approved.
Sanitary Department Launches and Stores
$6,500, in aid of the following votes:― Sanitary Department, Other Charges: ―
Launches, Steam Barges and Lighters: Repairs......................... $4,200.00
Stores........................... 2,300.00
Total ............. $6,500.00
THE CHAIRMAN―In connection with the first item: repairs to Sanitary Board steam launches and lighters, the Head of the Sanitary Department reports that the shortage in this vote is due to the necessity for quarterly overhauling. Prior to the sinking of S.D. 1 in July, 1920, this was done only at intervals of six months. The cost of maintenance is larger owing to their length of service. The number of defects found is constantly increasing. In regard to the new boiler of S.D. 1 the increased cost of skilled labour contributed towards the deficiency. As regards stores, the shortage of the vote is due to the quarterly overhaul.
Approved.
148 HONGKONG LEGISLATIVE COUNCIL
A Railway Vote
$475, on account of Kowloon-Canton Railway, Special Expenditure, Switch Board, Lighting, etc.
THE CHAIRMAN ― A telephone cable is being laid to Hunghom and the manager of the Railway recommends that the exchange at the locomotive shed be abolished and the store and quarters be connected direct with the exchange at Kowloon. He has gone into the cost and the Director of Public Works agrees that the proposal is a good one. $300 is included for a larger switchboard. At the same time, he recommends the laying of underground cable to the standards in Kowloon Station yard. The wire is in a very bad condition. The cost of that is $175, making up the estimate of $475.
Approved.
P.W.D. Transport and Travelling Expenses
$3,500, in aid of the vote Public Works, Establishment, Other Charges, Transport and Travelling Expenses.
THE CHAIRMAN―This sum is $1,160 less than the average expenditure of the last three years. In addition to this, charges for motor cars, hitherto paid by various votes, are now being charged to this one vote and there is considerable departmental extension.
Approved.
A Typewriter
$270, in aid of the vote Public Works, Establishment. Special Expenditure, Typewriter.
.
THE CHAIRMAN ― A typewriter is urgently required for the Land Survey Office. .
Approved.
Drawing Materials
$3,500, in aid of the vote Public Works, Establishment, Other Charges, Drawing Materials and Mounting Plans.
.
THE CHAIRMAN ― This vote is $2,500, but some print linen to the value of $2,280 did not arrive in time to be paid for last year. There has been also an increase of staff in the Survey and Architectural Offices.
Approved.
New Buoys
$1,430, in aid of the vote Harbour Department, A. ― Harbour Office, Other Charges, Purchase of buoys and Moorings.
THE CHAIRMAN ― This is required to complete the purchase of six new buoys and moorings. The estimate was $89,000 but the entire cost is $90,430; the buoys include two A class and four B class.
Approved.
Medical Department
$5,120, in aid of the following votes: ― Medical Department, Other Charges: ―
Lunatic Asylum:―
Provisions, etc.................. $1,500.00 Victoria Hospital:―
Fuel and Light .................. 600.00 Provisions, etc.................. 1,000.00 Government Laboratory:―
Apparatus, etc. ................. 2,000.00 Books and Journals .......... 20.00 .
Total.................... $5,120.00
.
.
THE CHAIRMAN―This is due, as to the Lunatic Asylum, to a large increase of patients and the high cost of provisions; Victoria Hospital: the increased cost of milk and extras and installation of geysers. At the Government Laboratories the cost of apparatus was considerably more. The catalogues from which the estimates were made out were found to be out-of-date.
.
Approved.
.
Railway Bridge at Samchun
.
$900, in aid of the vote Kowloon-Canton Railway, Special Expenditure, Bridge No. 37. .
THE CHAIRMAN ― In connection with widening Bridge 37, near Shumchun, to facilitate shunting operations timbering was found necessary.
.
Approved.
HONGKONG LEGISLATIVE COUNCIL 149
New Site for Queen's College
$160,000, in aid of the vote Public Works, Extraordinary, Hongkong, Public
Health and Buildings Ordinance
1903, (36) Compensation and
Resumptions.
THE CHAIRMAN ― This item is for the purchase of Inland Lot 358, Caroline Hill―the site of the future Queen's College.
Approved.
Maintenance of Gardens and Grounds
$500, in aid of the vote Botanical and Forestry Department, Other Charges, Maintenance of Gardens and Grounds.
THE CHAIRMAN―The vote maintenance of gardens and grounds has been nearly exhausted. A supplementary vote of $500 is required for the remaining two months of the year. It is partly due to the relaying of the tennis court at the Government Quarters at Taipo, $250, also turf laying, and removing black soil and disintegrated granite at Government House.
Approved.
Electric Fans and Light for C.S.O.
$120 in aid of the vote Colonial Secretary's Department and Legislature, Other Charges, Electric Fans and Light.
THE CHAIRMAN―The amount voted was found insufficient by the sum now asked for.
Approved.
Miscellaneous Works in New Territories
$9,000, in aid of the vote Public Works, Extraordinary, New Territories, Miscellaneous, (86) Miscellaneous Works.
THE CHAIRMAN―This vote has already been before members. The vote was $14,000 and the real reason that made the expenditure considerably higher than the vote was the Hongkong Harbour approach lights $10,853. Then there are red warning signs $240, small works connected with the D.O. South $230, fire
alarms Laichikok $550; motor garage, Taipo (this is for the ambulance that has gone out to the New Territory) $1,500; approach road Sheungshui police station $400; fans, warder's quarters, Laichikok $700; removing and re erecting boat house $260. There is an allowance for contingencies and small unapproved items amounting to $4,087. If hon. members wish that can be cut down and a further vote brought forward later.
THE CHAIRMAN suggested a reduction by $3,000 and this was agreed to.
Typhoon and Rainstorm Damage
$11,500, in aid of the following votes:― Public Works, Recurrent:―
Kowloon, Miscellaneous:―
(34) Typhoon and
Rainstorm Damages ........ $ 8,500
New Territories,
Miscellaneous:―
(45) Typhoon and
Rainstorm Damages ........ 3,000
Total.................. $11,500
THE CHAIRMAN―The vote is $10,000 and the expenditure up to 29th July, which had already been before the Council, was $7,980.65. Since then the estimated cost of further damage incurred is $18,500 or $8,500 more than the estimate. On Public Works Recurrent, New Territories, the vote is $15,000 and the expenditure to 29th July is $7,573. The estimated cost of further damage is $18,000.
Approved.
Development in New Kowloon
$50,000, in aid of the vote Public Works, Extraordinary, New Territories,
Communications, Roads, 77 (f)
General Works.
THE CHAIRMAN―This sum of $50,000 is arrived at as follows: The Department of Public Works forwarded for approval an additional programme of road work
150 HONGKONG LEGISLATIVE COUNCIL
amounting to $30,550. The estimated expenditure under the programme now sub mitted is $38,790―kerbing, and channelling numbers of streets in New Kowloon. mostly Kowloon City and some in Samshuipo; also scavenging lanes and slab pavings to footways make up a total of $70,000. A supplemental vote of $50,000 is required. The whole of this is caused by the rapid development of Samshuipo and a portion of Kowloon City Reclamation.
HON. MR. BIRD ― Is that work done by contract or measured up and paid for by schedule rate?
THE DIRECTOR OF PUBLIC WORKS―By schedule rate. The slabs are supplied from our own quarries. The amount of it is owing to the very abnormal amount of building. It is a vote that keeps up with the building.
HON. MR. BIRD ― I presume all the measuring is checked by Europeans?
THE DIRECTOR OF PUBLIC WORKS―It is checked two ways; not only checked off the plans but gone over by European overseers.
Approved.
A Motor Truck for Opium Conveyance
$2,145, on account of Imports and Exports Department, Special Expenditure, One Motor Truck.
THE CHAIRMAN―This is required by the Imports and Exports Department to convey opium from the factory to the office. The chassis cost $1,700 and the body was built by the Railway Department. It saves time, and the use of a launch.
Approved.
Artificial Legs
$760, on account of Kowloon-Canton Railway, Special Expenditure, Artificial Legs.
THE CHAIRMAN ― The $760 for obtaining the very best artificial legs that can be got. A man lost both his legs on the railway and the legs he got were very unsatisfactory and gave him a lot of pain. We decided to get the best; I believe they are entirely satisfactory;
very light and very strong.
Approved.
A Hulk at Deep Bay
$10,000, on account of Police and Fire Brigade, A. ― Police, Special
Expenditure, One Hulk.
THE CHAIRMAN ―This matter has been considered by the Finance Committee. It is for the establishment of a hulk at Deep Bay instead of a land police station.
Approved.
A Patrol Path in the New Territories
$3,000, on account of Public Works, Extraordinary, New Territories, Communications, Patrol Path ― Sheung Shui to Ta Ku Ling.
THE CHAIRMAN―This path was in the estimates for 1919 and again in 1920 but difficulties occurred as to an actual site. It has now been decided to make the path from Sheung Shui to the frontier at Ta Ku Ling. It is a 3 ft. path.
Approved.
Miscellaneous Public Works
$10,000, in aid of the vote Public Works, Extraordinary, Miscellaneous, (35)
Miscellaneous Works.
THE CHAIRMAN―I circulated this vote to the Finance Committee. The proposal is to take a vote of $10,000 to cover all the expenditure of a number of small sums for miscellaneous works up to the end of the year. By the time the proposal was circulated, the vote was exceeded by nearly $1,000. Since then one of the members of the Committee expressed the view that they would like to know what all the items were. Up to now the items amount to $1,883; they include: converting a latrine at the Harbour Office, a safe and stand for the D.P.W's. office in which to keep valuable documents, ceiling fans at warder's messroom, Victoria Gaol, alterations at the Armoury for the security of the arms. If members would like to reduce this vote, it could be cut down to $5,000 and I could circulate votes required from time to time.
HONGKONG LEGISLATIVE COUNCIL 151
HON. MR. HOLYOAK―How much will the unused balance be?
THE CHAIRMAN―Just over $7,000. Cut it down to $5,000; that may cover every thing.
The vote was reduced to $5,000 and approved.
Harbour Improvements
$2,500, on account of Public Works, Extraordinary, Harbour Improvements.
THE CHAIRMAN ― This is required in connection with the investigation now being made with a view to the report of Sir Maurice Fitzmaurice. The engineers were engaged on taking soundings and doing other work in the harbour requiring the following:―Rowing boat, sounding wire, anchor rod, tide gauges, buoys, pricking gear, hire of sampans and men and hiring a small junk. $250 is required to cover further items. The total only amounts to under $1,000 but various things arise in connection with this work and we do not want to delay it at all.
Approved.
Communications for
New Buildings
$13,700, in aid of the vote Public Works, Extraordinary, Hongkong,
Communications, (16) Roads: (q)
General Works.
THE CHAIRMAN ― This is required in connection with new buildings, completed or nearing completion. The position of the vote is: $60,000 has been provided in the estimates and the programme submitted and approved
amounts to that. Now a second programme of work is required in connection with new buildings completed ― kerbing, channelling, relaying kerbing, cement concrete walls, slab paving, etc., $13,700.
HON. MR. POLLOCK ― The time of the Finance Committee would be saved if a great many of these were circulated beforehand.
THE CHAIRMAN ― I was afraid I was circulating too many things to the Finance Committee. I will have everything over a certain amount circulated.
The vote was approved.
The Quarry Workshop
$6,000, on account of Public Works, Extraordinary, Hongkong, Miscellaneous, Additional paving sheds, and extension of concrete pile moulding platform at Quarry Workshop.
THE CHAIRMAN―This is in connection with the Quarry at Tsat-tsi-mui There is a tremendous lot of work going on there. If members were to pay a visit there they would be much interested to see the work going on.
Approved.
Re-Building Prison Sheds at
Lai-chi-kok
$6,000, on account of Public Works, Extraordinary, Kowloon, Buildings, Re-building of certain prison sheds at Lai-Chi-Kok.
Approved.