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1st November, 1950.
PRESENT: —
HIS EXCELLENCY THE GOVERNOR (SIR ALEXANDER WILLIAM GEORGE HERDER GRANTHAM, K.C.M.G.).
THE COLONIAL SECRETARY (HON. J. F. NICOLL, C.M.G.).
THE ATTORNEY GENERAL (HON. J. B. GRIFFIN, K.C.).
THE SECRETARY FOR CHINESE AFFAIRS (HON. R. R. TODD).
THE FINANCIAL SECRETARY (HON. G. G. S. FOLLOWS, C.M.G.).
DR. HON. I. NEWTON (Director of Medical and Health Services). DR. HON. J. P. FEHILY, O.B.E. (Chairman, Urban Council).
HON. A. P. WEIR (Acting Director of Public Works).
HON. CHAU TSUN NIN, C.B.E.
DR. HON. CHAU SIK NIN, C.B.E.
HON. M. M. WATSON.
HON. P. S. CASSIDY.
HON. LO MAN WAI, O.B.E.
HON. LAWRENCE KADOORIE,
MR. G. C. HAMILTON (Clerk of Councils).
ABSENT: —
HIS EXCELLENCY THE GENERAL OFFICER COMMANDING IN CHIEF (LIEUTENANT GENERAL SIR E. C. R. MANSERGH, K.B.E., C.B., M.C.).
HON. LEO D'ALMADA E CASTRO, K.C.
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MINUTES.
The Minutes of the meeting of the Council held on 11th October, 1950, were confirmed.
PAPERS.
THE COLONIAL SECRETARY, by Command of His Excellency the Governor, laid upon the table the following papers: —
Sessional Papers, 1950: —
No. 19. —Annual Report by the Secretary for Chinese Affairs for the year 1949-50.
No. 20. —Annual Report by the Controller of Stores on the Sand Monopoly for the year 1949-50.
No. 21. —Annual Report of the Hong Kong and Kowloon Magistracies for the year 1949-50.
No. 22. —Annual Report by the Registrar of the Supreme Court and Official Administrator for the year 1949-50.
No. 23. —Annual Report by the Quartering Authority for the year 1949-50.
Annual Report of the Secretary for Chinese Affairs for the year 1948-49.
Nurses Rewards and Fines Fund. Statement of Receipts and Payments for the year ending 31.3.49.
Nurses Rewards and Fines Fund. Statement of Receipts and Payments for the year ending 31.3.50.
The Public Health (Sanitary Provisions) Regulations, 1948, —Declaration under Regulation 2(10)(a). (G.N. No. A. 225 of 1950).
The Price Control Order, 1946, —Amendments to the Schedule. (G.N. No. A. 226 of 1950).
Proclamation No. 3, —Declaration of a leper settlement. (G.N. No. A. 227 of 1950).
The Merchant Shipping Ord., 1899, —Amendments to the Instructions to Government Surveyors as to the Survey of Life Saving Appliances, etc. (G.N. No. A. 228 of 1950).
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The Pensions (Amendment) (No. 2) Regulations, 1950. (G.N. No. A. 229 of 1950).
The Post Office Ord., 1926, —Order by the Governor in Council. (G.N. No. A. 230 of 1950).
The Post Office Ord., 1926, —Determination of air mail rates. (G.N. No. A. 231 of 1950).
The Post Office Ord., 1926, —Determination of surface rates. (G.N. No. A. 232 of 1950).
The Public Health (Sanitary Provisions) Regulations, 1948, —Declaration under Regulation 2(10)(a). (G.N. No. A. 233 of 1950).
The Price Control Order, 1946, —Amendments to the Schedule. (G.N. No. A. 234 of 1950).
The Landlord and Tenant Ord., 1947, —Notification under s. 32(1). (G.N. No. A. 235 of 1950).
The Possession of Gold (Goldsmiths) (Amendment) (No. 4) Order, 1950. (G.N. No. A. 236 of 1950).
Removal of quarantine restrictions imposed against Amoy on account of smallpox. (G.N. No. A. 237 of 1950).
The Reserved Commodities (Re-export) Amendment (No. 2) Order 1950. (G.N. No. A. 238 of 1950).
The Price Control Order, 1946, —Amendments to the Schedule. (G.N. No. A. 239 of 1950).
QUESTIONS.
HON. P. S. CASSIDY asked the following questions: —
1. Is Government aware
(a) that certain owners of properties requisitioned by Government on behalf of the Military authorities have received no compensation since the dates of the requisition over one year ago, although notice of impending payment has now been given?
(b) that in the meantime some of such owners have had to pay interest to their mortgagees on loans contracted for constructing the buildings in question?
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2. Apart from the question of financial hardship, does Government realize that, since the requisition was effected by Government and in the name of Government, the default in payment of compensation is a grave reflection on Government?
3. What steps does Government propose to take to ensure due and punctual compensation in future?
THE COLONIAL SECRETARY replied as follows: —
1. (a) Government is aware that until recently there were some owners of properties on requisition on behalf of the Military Authorities who had received no compensation since the dates of the requisitions. It is understood, however, that payment has now been made in respect of 114 properties, and that in only 6 instances are further formalities necessary before payment can be made. Out of the 114 properties for which payment has been made, there are 4 whose assessments are challenged, and in these cases it is understood that a payment of 75% on account has been authorized.
(b) Yes.
2. This Government cannot accept that there is any reflection on it on account of the delays which have occurred. Nevertheless Government has endeavoured to assist the property owners concerned so far as it could.
3. It is expected that the payments of compensation rental will in future be punctual.
LAW REVISION (MISCELLANEOUS AMENDMENTS) (NO. 3) BILL, 1950.
THE ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance to make further amendments to miscellaneous Ordinances for the purpose of facilitating the preparation of the revised edition of the laws." He said: Sir, in this year, legislation in the form authorized by section 6 of the Revised Edition of the Laws Ordinance, 1948, has twice been before this Council with the result that Ordinances Nos. 9 and 23 of this year have been enacted.
In introduction of that previous legislation, I have taken the time of this Council by explanation of the objectives of that legislation which, broadly speaking, may be stated to have been that for the purposes of law revision a wide field of the Ordinances of the Colony having been under examination, amendments were proposed and, as to the two Ordinances
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I have mentioned, were enacted so that the Ordinances affected can appear in the revised edition not merely in consolidated form but having excised from them anomalies or inutilities as at this date.
Sir, the Bill before Council today proposes the enactment of a third Ordinance of the same character. The Bill seeks to amend some 38 Ordinances, the amendments proposed being set out in numbered items in the Schedule to the Bill. It would not be practicable and, I believe it would be unnecessary, to embark on a very detailed explanation of the various amendments proposed by the respective items of the Schedule. I suggest that it is unnecessary because detailed Objects and Reasons appear published with the Bill as in the hands of Honourable Members and those Objects and Reasons discuss each of the items of amendment proposed.
It suffices, Sir, I believe, to indicate that the proposals for amendment as set out in this Schedule are divided into two parts. The amendments appearing in Part I of the Schedule, by reason of clause 2 of the Bill, would have effect immediately upon enactment of the Bill as an Ordinance, while those amendments contained in the second part of the Schedule would not come into operation immediately upon enactment of the Ordinance, but would come into operation upon notification by proclamation in the Gazette.
In this way it is possible to minimize the inconvenience and labour of effecting notation throughout the Ordinances as they at present exist since, as to the amendments proposed in Part II of the Schedule, they will, upon enactment, become incorporated in the revised edition of the laws upon its publication.
THE COLONIAL SECRETARY seconded, and the Bill was read a First time.
OBJECTS AND REASONS.
The "Objects and Reasons" for the Bill were stated as follows: —
It is provided by section 6 of the Revised Edition of the Laws Ordinance, 1948, that amendments to Ordinances which are not mere matters of form or which cannot be carried out under the powers vested in the Commissioners, may be collected and submitted to Legislative Council in the form of one or more Ordinances. In accordance with the provision quoted Ordinances No. 9 and No. 23 have been enacted in this year.
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2. This Bill shortly entitled the Law Revision (Miscellaneous Amendments) (No. 3) Ordinance, 1950, proposes legislation analogous in character to Ordinances No. 9 of 1950 and 23 of 1950 above quoted. The items proposed for amendment or repeal are set out in the Schedule to the Bill, the items being divided within the Schedule into two Parts to conform with the requirements of clauses 2 and 3 of the Bill which indicate respectively whether or not the amendments proposed by the Bill will have effect immediately upon enactment or be postponed to a date to be notified by Proclamation of the Governor in the Gazette. This procedure is adopted in order to avoid unnecessary notation of the existing additions of Ordinances and annual volumes in advance of the incorporation into the Revised Edition of the amendments proposed by the Bill if enacted.
3. The items of the Schedule refer to 38 Ordinances. Detailed explanation of amendments proposed, corresponding to appropriate item numbering of the Schedule to the Bill, is as follows: —
PART I.
1. Under the Crown Lands Resumption Ordinance, 1900, interest on compensation is at present paid by the Crown at 8% per annum from the date of resumption until the time appointed for payment after the finding by the Compensation Board. This Board must sit within one month of appointment by the Governor so that the time during which interest runs is not long. It is considered however that interest at the rate of 4% would be more appropriate and an alteration to provide for such lower rate of interest is the purpose of this amendment.
2. The Second Schedule to the Revenue Officers Powers of Arrest Ordinance, 1917, contains a list of Ordinances in respect of which offenders may be arrested by revenue officers. The Dangerous Drugs Ordinance, 1935, has hitherto been administered by the Director of Commerce and Industry in whose department revenue officers are employed, and under section 13 of such latter Ordinance he could authorize such officers to arrest offenders against the Ordinance. The administration of the latter Ordinance is now however, it is proposed, to be transferred to the Director of Medical and Health Services, and it is therefore convenient to add the Dangerous Drugs Ordinance, 1935, to those ordinances under which revenue officers can arrest. Such is the purpose of this amendment.
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3. Section 11 of the Marine Stores Ordinance, 1911, prohibits dredging without the permission of the Director of Marine in an area which roughly coincides with the harbour but is not well defined. The object is to provide for the salvage of articles lost from ships, and to permit the rightful owners to lift upon application. "Dredge", however, insufficiently describes the activities to be controlled, and in view of the wider dispersal of shipping activities it is considered that the restriction should no longer be confined to the harbour area. In effecting these amendments the opportunity has been taken to re-cast the section in conformity with section 8 of the Public Stores Ordinance, 1950.
A proposed amendment to the Marine Stores Protection Ordinance, 1919, in conformity with analogous legislation removes the word "European" from the section giving power to European police officers to stop junks and other craft for specified purposes.
4. The object of the first amendment is to exempt from the requirement that medical practising certificates shall be taken out under the Stamp Ordinance, 1921, not only professors of the faculty of medicine as at present, but also lecturers teaching in that faculty. The amendment is designed however to limit such exemption to those engaged in activities in the faculty that might be held to be medical practise. Item 8 in this Part is an analogous amendment to the Medical Registration Ordinance, 1935.
The second series of amendments to this Ordinance extends the period for stamping certain documents from 7 days to 30 days from the date of execution. The documents affected are in the majority of cases documents which are prepared in connection with land, although it has been convenient to include for conformity other documents such as settlements and miscellaneous deeds which do not necessarily deal with land.
The period allowed in the United Kingdom by the Stamp Act, 1891, for such stamping is thirty days, and the short period of seven days has on several occasions been represented by the legal profession as leading to inconvenience, especially in respect of instances where a sale of mortgaged land takes place and delay occurs in receiving back from the mortgagee the re-assignment of the property. In the case of duplicate instruments, a proposed amendment renders them liable for stamping within the same period as that stipulated for the original instrument.
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5. The list of exemptions contained in the Entertainments Tax Ordinance, 1930, does not comprise any item applicable to service entertainment, which it is not desired to tax and which has hitherto had to be exempted by a resolution of Legislative Council. The amendment seeks to make an appropriate addition to the standing list of exemptions.
6. For administrative reasons the laboratory of the Monopoly Analyst referred to in the Dutiable Commodities Ordinance, 1931, who later became the Government Chemist (Department of Commerce and Industry) no longer exists independently of that of the Government Chemist in the Medical Department. These amendments are therefore to enable the duties under the Dutiable Commodities Ordinance to be performed by the appropriate officer in the Medical Department.
7. The Prisons Ordinance, 1932, at present contains no provision for anyone to exercise the powers conferred upon the Commissioner under the Ordinance in his absence, nor any provision for him to delegate any of his powers to a superintendent. This amendment proposes to supply those deficiencies.
8. For administrative convenience and in conformity with the arrangements subsisting in other Colonies, the duties of administering the Dangerous Drugs Ordinance, 1935, are proposed by these amendments to be transferred from the Superintendent of Imports and Exports (now the Director of Commerce and Industry) to the Director of Medical and Health Services.
9. Amendments to the Deportation of Aliens Ordinance, 1935, make specific provision for a deputy or assistant commissioner of police to carry out the duties of the Commissioner under section 13(5) and serve to clarify in minor matters the provisions of subsections (6) and (9) of the same section.
10. The object of this item of amendment is to enable the University of Hong Kong to employ as lecturers doctors who, whilst holding high qualifications, may not be registrable under the Medical Registration Ordinance, 1935. An analogous item of amendment relating to medical practising certificates under the Stamp Ordinance is contained in Item 4 of this Part of the Schedule.
11. The supervision of the cutting and removal of earth, clay, turf or stones under section 123 of the Buildings Ordinance, 1935, is primarily the duty of the Director of Public Works, but in the application of that section
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to the New Territories the District Commissioner is invested with that responsibility. By the Sand (Amendment) Ordinance, 1938, sand was exempted from that section and such responsibility was made that of the Controller of Stores. It has continued to be the practice for the District Commissioner to issue permits in respect of sand in the New Territories and it is administratively convenient that he should continue to do so. This amendment to the Sand Ordinance, 1935, therefore provides that the duties and powers under that Ordinance shall in the New Territories be vested in the District Commissioner rather than in the Controller of Stores.
12. Sections 14, 43 and 44 of the Inland Revenue Ordinance, 1947, deal with allowances and with a reduced rate of chargeability on specified gradations in income, but refer only to salaries and annuities tax and to personal assessment. They contain provisos that where chargeability is confined to a part of a year, such allowances in the one case and such gradations in the other shall be proportionately smaller. Experience has shown that those provisos may operate inequitably in the case of persons arriving in or leaving the Colony during a year of assessment. Their repeal would operate to no individual's detriment and would not involve the loss of any considerable revenue. As the textual alterations to the Ordinance necessary to make such concession forthwith and to bring it into effect for the current year of assessment 1950/51 are small, they have been included, by this item, in the proposals now submitted.
13. The purpose of these amendments to the Trade Commissioners Privileges Ordinance, 1947, is to extend the exemptions which may be granted to include rates, in accord with the Consular Privileges Ordinance, 1947, as amended, and in further accord with the amendments to that Ordinance to make ancillary provision including provision for any necessary refunds. The concessions depend upon reciprocity.
14. Section 28 of the Immigrants Control Ordinance, 1949, provides that members of the crew of vessels or aircraft who come within the definition of "immigrant" may only disembark subject to the terms of a permit given by the Immigration Officer, but the provisions for requiring security by which the observance of these terms could be enforced against masters or agent are at present only applicable where there is existing grounds for suspicion in a particular case that a member of the crew is likely to infringe such conditions. This defect is remedied by the substitution of a new subsection (2) to this section, and to remove any
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doubt as to the purpose of requiring security under the section as it now stands or in its proposed form, a new subsection (3) proposed in substitution declares the liability of such master or agent for maintenance and cost of repatriation in the event of a breach of such a condition of entry as well as for such expense where discharge takes place without the permission of the Immigration Officer. It is already provided by section 5(7)(b) of the Merchant Shipping Ordinance, 1899, that it is an offence for a seaman wilfully to remain in the Colony after the departure of his ship.
15. Amendments to the Expulsion of Undesirables Ordinance, 1949, are proposed by this item to provide for British protected persons and citizens of the Republic of Ireland, and to provide that an adjournment of an inquiry may be granted when a competent authority considers it necessary for the purpose of any defence put forward by an alleged undesirable. Paragraph (1) of section 4 is made more specific and the definition of "enabling document" is deleted.
16. Section 32 of the Interpretation Ordinance, 1950, provides a convenient method of specifying punishments in penal enactments. It utilizes the word "section" however, and a wider term is necessary for the provision to apply to regulations. Moreover the provision that an offence shall be triable summarily unless it falls within the restricted class that must be committed for trial would be of benefit if it were made clearly applicable to cases other than where the shortened form of penalty provision envisaged by the section is utilized. Such improvements are effected by this proposed amendment, which amplifies the present section 32 and re-casts it as two sections.
17. It is considered that the Marine Hawkers Ordinance, 1950, should not go further than does the Hawkers Ordinance, 1935, and therefore that forfeiture of hawkers paraphernalia in respect of which an offence has been committed should not be permitted unless the hawker himself has been convicted. But the 1935 Ordinance contains no express power of forfeiture and relies upon section 96 of the Magistrates Ordinance, 1932, which latter provisions are not in detail appropriate to marine hawking. Section 7 of the Marine Hawkers Ordinance, 1950, contained provisions analogous to those of the Magistrates Ordinance, but did not provide for the necessity of a conviction. The effect of this amendment is to render a conviction necessary before forfeiture can follow, and thus to make the procedure under the Marine Hawkers Ordinance, 1950, conform with that under the Hawkers Ordinance, 1935.
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PART II.
1-8. By Article XXVII of the Royal Instructions (dated the 14th February, 1917,) and by the Standing Orders (paragraph 30) of the Legislative Council made in pursuance of those Instructions, bills affecting private rights or corporate bodies should contain a savings clause reserving the rights of His Majesty and of any other persons except such as are mentioned in the bill. The detailed requirements of such Instructions and Standing Orders have not been complied with in certain Ordinances enacted prior to 1917, and for conformity with all other private Ordinances which do so comply the standard form of saving clause is incorporated into eight Ordinances listed in the Schedule by the amendments now proposed.
9. An amendment to the Evidence Ordinance, 1889, is proposed by this item to assimilate the law of evidence to that in the United Kingdom, since by section 7 of the Law Reform (Miscellaneous Provisions) Act, 1949, the rule of evidence following the case of Russell v. Russell (1924) was abolished. A second subsection, for similar conformity, over-rules a principle of evidence exemplified in the United Kingdom in the case of Tilley v. Tilley (1948).
10. The subject of the Foreign Copper Coin Ordinance, 1912, is copper or bronze coins other than those specified in the Order of Council of 1936 as legal tender. There are now no such coins, and this item substitutes a reference to copper or bronze coins other than such as may be made legal tender by any law in the Colony.
11. The definition of silver coin in the Foreign Silver and Nickel Coin Ordinance, 1913, is outmoded by the abolition of the British dollar as legal tender, and the definition substituted by this proposed amendment makes reference to any coin made legal tender by the law of the Colony.
12. Section 6 (1) of the Judgments (Facilities for Enforcement) Ordinance, 1921, provided for extension of the provisions of that Ordinance to any part of the dominions by order of the Governor in Council where the Governor is satisfied that reciprocal provisions have been made by the legislature of that part of the dominions. This amendment proposes the substitution of preferable phraseology based on section 1 of the Foreign Judgments (Reciprocal Enforcement) Act, 1933, of the United Kingdom, which does not stipulate existing reciprocal treatment as a pre-requisite, but rather that the assurance of reciprocal treatment shall be grounds for extension of the Act. Subsection (2)
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of section 6 bore reference to mandated and protected territories and is omitted in reliance on the definition of Commonwealth contained in the Interpretation Ordinance, 1950.
13. The Hong Kong Police Reserve Ordinance, 1927, contains adequate provisions in section 3 enabling the Governor in Council to make regulations in respect of pay gratuities and pensions to members of the Reserve when such members are killed or injured on duty. Sections 12 and 13 merely reiterate the power to make such regulations and provide a limit to the amount of any pension or gratuity grantable. The limit is no longer realistic. It is therefore proposed by item (3) of this amendment that sections 12 and 13 be repealed in reliance on such regulations. Items (1) and (2) of this amendment formally make provision for the appointment of Assistant Commissioners as well as Deputy Commissioners and apply to them the terms of the Ordinance.
14. Prior to the commencement of the last revision of the laws the name of the Hong Kong and Shanghai Banking Corporation was "The Hongkong and Shanghai Banking Corporation", with the definite article included in the name and Hong Kong spelt as one word. The bank's note issue and other documents have continued using such designation, and it is believed that amendments enacted in 1939 to the bank's incorporation Ordinance to bring the name of the bank into accord with the name of the Colony did not receive the express agreement of the bank. At the request of the bank the earlier nomenclature is restored by items (1), (2) and (3) of these amendments to the Hong Kong and Shanghai Bank Ordinance, 1929.
Section 5 of the same Ordinance provides that the business of the bank may be carried on at its existing offices and at any other branches which might be established with the consent of His Majesty's Treasury. Such consent no longer appears necessary and such provision is not contained in the constitution of other banking establishments. The removal of the necessity for such consent is accordingly proposed by item (4) of these amendments. Amendments to section 10 are intended to accord with the provisions of the Note-issuing Banks Extension of Powers Ordinance, 1939, by providing that the limit on the period for which notes may be issued by the bank is subject to the provisions in that Ordinance by which an extension of such period may be resolved upon by Legislative Council, and to remove the reference in that section to "coin lawfully current" since under the Currency Ordinance, 1935, and other provisions, bank notes have taken the place of coin as unlimited legal tender.
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Amendments to section 11 are drafted to remove inconsistencies with the Currency Ordinance, which in 1935 substituted for requirements as to deposits of coin or bullion requirements that the face value of any note issue previously secured by coin or bullion should be paid to the Exchange Fund and that such note issue should be secured by the sterling assets of the fund.
Items of amendment (7), (8) and (9) remove from the Regulations enacted under the Ordinance inconsistencies and anachronisms which are of a formal nature.
15. The Bankruptcy Ordinance, 1931, makes it an offence for a debtor in bankruptcy to remove without permission goods exceeding $25 in value. It is proposed to make this $50, which is more in consonance with the figure of £ 5 stipulated in the United Kingdom, and, further, the limit of $100 up to which value tools of trade are protected from seizure shall it is proposed, become $300 which is more in consonance with £ 20 similarly stipulated in the United Kingdom.
16. Amendment to the Morrison Scholarship Fund Incorporation Ordinance, 1934, is intended to clarify the requirement that changes in the names of the persons who from time to time become trustees under the provisions of the Ordinances shall be notified in the Gazette.
17. Sections 7, 8 and 9 of the Buildings Ordinance, 1935, at present provide that it shall not be lawful to erect Chinese domestic buildings in the Mid-level Hill or Kowloon Point Districts, to convert existing buildings to such use in such areas, nor to divide a non-Chinese domestic building to provide for its occupation by more than one person to every one thousand cubic feet. The definition of “Mid-level District” has had to receive consideration in revision as reference is made to Lot Numbers in respect of which in the last fifteen years there may have been extensive changes, but upon investigation expert opinions have been expressed that in any event the restriction on the erection of such buildings in these areas is not applicable to present day condition. The repeal of the provisions, and of the definitions of the districts in question, will simplify the Ordinance in some measure, and is proposed by items (1) to (3). The restriction on sub-division of existing buildings already exists and is better expressed in section 45 of the Public Health (Sanitation) Ordinance, 1935, itself now undergoing revision with a view to replacement.
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Item (4) incorporates into the Buildings Ordinance, the provisions of Orders of the Governor in Council applying certain sections of the Ordinance to the New Territories, while preserving the existing power to apply further portions or vary the mode or extent of the present application.
18. The Hong Kong Travel Association Ordinance was enacted in 1935 and set up a corporation with government support for the encouragement of travel and tourists. It is not considered that in view of the present lack of availability of accommodation that the association, which has been moribund for some time, can perform any useful function and the repeal of the Ordinance is provided for by this item.
19. The Queen Victoria Street Eastward Reclamation and Piers Ordinance, 1939, authorized a small reclamation to the east of the vehicular ferry and the erection of a temporary pier. The reclamation was not proceeded with and the pier was demolished. The authority is not now required as the item is likely to be absorbed in a larger scheme. The repeal of the Ordinance is accordingly provided for by this item.
20. An amendment to the Pensions Ordinance, 1949, corrects a reference to a subsection which should logically be a reference to a paragraph.
21. The amendments are incidental to the amendments effected to the Inland Revenue Ordinance, 1947 (the principal Ordinance), by item 12 of Part I of this Schedule, because the re-grouping effected to the principal Ordinance by the Ordinance amended hereby does not come into operation until the publication of the revised edition.
22. The Prevention of Malaria Proclamation issued in the period of the British Military Administration is repealed by this item, as its place has been taken by regulations for mosquito prevention made under G.N. A. 19 of 1949.
23. By this item the Miscellaneous Commodities Control and Price Regulations Proclamation made during the period of the British Military Administration is repealed. The only portion of this Proclamation which remains in force is Regulation 10, relating to the marketing of fish, and this has been supplanted by the Marketing (Marine Fish) Order, 1950, (G.N. A. 74 of 1950.)
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SUPREME COURT (SUMMARY JURISDICTION)
AMENDMENT BILL, 1950.
THE ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to amend the Supreme Court (Summary Jurisdiction) Ordinance, 1873, and to make provisions consequential upon such amendment." He said: Sir, in so doing, I wish to forecast that upon the Bill reaching that stage, I wish to propose minor amendment at Committee stage.
THE COLONIAL SECRETARY seconded, and the Bill was read a Second time.
Council then went into Committee to consider the Bill clause by clause. Clause 4.
THE ATTORNEY GENERAL: —Sir, I move that in clause 4, to the list of Ordinances to be amended in the manner indicated by that clause, there be added "Estate Duty Ordinance, 1932" in the first column; the nature of the amendment in the second column to be a reference to the "Fifth line of subsection (2) of section 15"; and in the margin, "Ordinance No. 3 of 1932". Secondly, "Legal Practitioners Ordinance, 1948" in the first column; "Eighth line and penultimate line of subsection (9) of section 54" in the second column; in the margin "Ordinance No. 37 of 1948".
Sir, since the preparation of the Bill it has come to light that there are in those two further Ordinances—the Estate Duty Ordinance and the Legal Practitioners Ordinance—references to the limit at present imposed on the summary jurisdiction of the Supreme Court, and it is therefore sought to add these two Ordinances to the list of those consequentially amended by clause 4 of the Bill.
This was agreed to.
Council then resumed.
THE ATTORNEY GENERAL reported that the Supreme Court (Summary Jurisdiction) Amendment Bill, 1950, had passed through Committee with two amendments, and moved the Third reading.
THE COLONIAL SECRETARY seconded, and the Bill was read a Third time and passed into law.
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PHARMACY AND POISONS (AMENDMENT) BILL, 1950.
THE DIRECTOR OF MEDICAL AND HEALTH SERVICES moved the Second reading of a Bill intituled “An Ordinance to amend the Pharmacy and Poisons Ordinance, 1937.”
THE COLONIAL SECRETARY seconded, and the Bill was read a Second time.
Council then went into Committee to consider the Bill clause by clause. Council then resumed.
THE DIRECTOR OF MEDICAL AND HEALTH SERVICES reported that the Pharmacy and Poisons (Amendment) Bill, 1950, had passed through Committee without amendment, and moved the Third reading.
THE COLONIAL SECRETARY seconded, and the Bill was read a Third time and passed into law.
ADJOURNMENT.
H.E. THE GOVERNOR: —That concludes the business, Gentlemen. When is it your pleasure that we should meet again?
THE ATTORNEY GENERAL: —I propose adjournment to this day fortnight, Sir.
H.E. THE GOVERNOR: —Council will adjourn to this day fortnight.