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5th September, 1951.
PRESENT:
HIS EXCELLENCY THE GOVERNOR
SIR ALEXANDER WILLIAM GEORGE HERDER GRANTHAM, G.C.M.G. HIS EXCELLENCY THE COMMANDER BRITISH FORCES
LIEUTENANT-GENERAL SIR ERIC CARDEN ROBERT
MANSERGH, K.B.E., C.B., M.C.
THE HONOURABLE THE COLONIAL SECRETARY
MR. JOHN FEARNS NICOLL, C.M.G.
THE HONOURABLE THE ATTORNEY GENERAL
MR. G. E. STRICKLAND, Acting.
THE HONOURABLE THE SECRETARY FOR CHINESE AFFAIRS
MR. RONALD RUSKIN TODD.
THE HONOURABLE THE FINANCIAL SECRETARY
MR. ARTHUR GRENFELL CLARKE, Acting.
THE HONOURABLE THEODORE LOUIS BOWRING, O.B.E.
(Director of Public Works).
DR. THE HONOURABLE YEO KOK CHEANG
(Acting Director of Medical and Health Services).
THE HONOURABLE KENNETH MYER ARTHUR BARNETT
(Chairman, Urban Council).
THE HONOURABLE CHAU TSUN-NIN, C.B.E.
DR. THE HONOURABLE CHAU SIK-NIN, C.B.E.
THE HONOURABLE LEO D'ALIMADA E CASTRO, K.C.
THE HONOURABLE PHILIP STANLEY CASSIDY.
THE HONOURABLE CHARLES EDWARD MICIIAEL TERRY.
THE HONOURABLE LO MAN WAI, O.B.E.
THE HONOURABLE LAWRENCE KADOORIE.
THE HONOURABLE NGAN SHING KWAN
MR. ROBERT WILLIAM PRIMROSE (Deputy Clerk of Councils).
ABSENT: —
THE HONOURABLE DOUGLAS JAMES SMYTU CROZIER.
(Acting Director of Education).
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MINUTES.
The Minutes of the Meeting of the Council held on 22nd August, 1951, were confirmed.
PAPERS.
THE COLONIAL SECRETARY, by Command of His Excellency the Governor, laid upon the table the following papers: —
Subject. G.N. No.
Report of the Director General of Colonial Audit on the Accounts of Hong Kong for the year ended the 31st of March, 1950.
Public Order Ordinance, 1948.
Military Installations Closed Areas (Amendment) Order, 1951. A.137 Defence Regulations, 1940.
Price Control Order, 1946—Amendments to the Schedule ............. A.138 Defence Regulations, 1940
Price Control Order, 1946—Amendments to the Schedule ............. A.139
Removal of quarantine restrictions imposed against Bombay on account of cholera ............................................................................. A.140
Removal of quarantine restrictions imposed against Saigon on account of smallpox .......................................................................... A.141
Removal of quarantine restrictions imposed against Phnom-Penh on account of plague .............................................................................. A.142
Defence Regulations, 1940.
Price Control Order, 1946—Amendment to the Schedule ................ A.143
Regulations made by the Governor in Council with the sanction of the Secretary of State: —
Pensions (Amendment) (No. 2) Regulations, 1951, dated 24th August, 1951, (for publication in the Gazette of 7th September,
1951.)
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VAGRANCY (AMENDMENT) BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance further to amend the Vagrancy Ordinance, 1897." He said: Sir, under the law a person expelled from the Colony pursuant to a Magistrate's Order commits an offence if he returns without permission from the Commissioner of Police. The object of the amendment is to substitute the more fitting authority of the Governor for the permission of the Commissioner of Police.
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: —
1. Section 24A of the Vagrancy Ordinance, 1897 (the principal Ordinance) empowers a magistrate under certain circumstances to order the expulsion from the Colony of any person he finds to be a mendicant or destitute. A person who, having been so expelled from the Colony returns within five years without the permission of the Commissioner of Police, commits a criminal offence for which he can be sentenced to imprisonment for six weeks and the magistrate is empowered to recommend deportation. The offence thus created, however, has been made a scheduled offence under the Deportation of Aliens Ordinance, 1935, with the result that on conclusion of his prison sentence (provided the sentence imposed is of one month or more) the competent authority must order his deportation under section 8 of the Deportation of Aliens Ordinance, 1935, unless the Governor otherwise directs.
2. The joint effect of these two provisions is that the magistrate's recommendation is superfluous and that while it is the Commissioner of Police who is the authority to permit a person against whom an order of expulsion has been made to return to the Colony, it is the Governor who is the final authority with power to decide whether a person who has been expelled and who returns without the permission of the Commissioner of Police and is imprisoned therefor, is to be deported.
3. It is considered both illogical and inconvenient that two separate authorities should make the decisions in these kindred
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matters and that the magistrate should be expected to make a recommendation on a matter covered by express provision of law. The object of this Bill, therefore, is to repeal and replace subsection (4) of section 24A of the principal Ordinance by a subsection which—
(a) provides that any person against whom an expulsion order has been made who is found in the Colony without the Governor's authority within five years of the date of that order shall be guilty of an offence; and
(b) does not require the magistrate to make a recommendation.
DEPORTATION OF ALIENS (AMENDMENT) BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance further to amend the Deportation of Aliens Ordinance, 1935." He said: Sir, as the Objects and Reasons explain, the two main objects of this Bill are to increase the powers of Magistrates in dealing with persons returning to the Colony in breach of a deportation order and to ensure that there are adequate powers of rescinding deportation orders where the interests of justice require that they should be rescinded. A precedent for giving magistrates power to impose three years' imprisonment for a single offence exists in section 29 of the Arms and Amunition Ordnance of 1933 and I should remind Council that by reason of section 5 of the Magistrates Ordinance, 1932, the increased powers conferred by clause 2 of the Bill will be exercisable only by a person appointed to be a permanent magistrate.
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: —
1. Section 13(2) of the Deportation of Aliens Ordinance, 1935, provides for the imposition of a penalty not exceeding one year upon summary conviction for breach of an order of deportation or banishment. Section 13(3) provides for penalties of two years and five years upon conviction on indictment (before the Supreme Court) for such offence. In consequence, where an offence appears to warrant upon conviction a greater penalty than
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one year’s imprisonment, it is now necessary to take committal proceedings before a magistrate followed by the filing of an information and trial before the Supreme Court.
2. Almost without exception, such cases when brought to trial on indictment lead to a plea of guilty. In these circumstances it is considered that an enhancement of penalty which may be awarded upon summary conviction is warranted to allow of the great majority of such offences being disposed of upon summary trial, thus avoiding the necessity for committal proceedings, filing of information and trial by the Supreme Court. As a result, a substantial economy will be effected in time and labour now expended on such cases.
3. One of the objects of this Bill is therefore so to amend the principal Ordinance as to provide for the enhancement of penalty upon conviction, by a magistrate's court, for breach of an order of deportation or banishment.
4. Experience has shown that on occasions the interests of justice require that an order which has been made should be rescinded. Deportation orders which may be for rescission fall into three categories—
(a) an order made by the Governor in Council under section 3 of the Ordinance;
(b) an order made by a magistrate under section 8 (now repealed) as substituted by the Deportation of Aliens (Amendment) Ordinance, 1948, and
(c) an order made by the competent authority under section 8 as substituted by the Deportation of Aliens (Amendment) Ordinance, 1949.
5. In the past orders under paragraph 3(a) above have been rescinded by an order of the Governor in Council, therefore in clause 3 of the Bill the new section 17A(1) is merely declaratory. However, the new section 17A(2) in clause 3 of the Bill seeks to extend the Governor in Council's power of rescission, whilst the new section 17A(3) gives to the Governor alone a new power of rescission.
6. The Second Schedule to the principal Ordinance contains a list of scheduled offences and item 11 specifies certain offences under the Protection of Women and Girls Ordinance, 1938. The last mentioned Ordinance has since been repealed and replaced by an Ordinance entitled "The Protection of Women and
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Juveniles Ordinance, 1951". However, the offences which were scheduled offences under the old Ordinance have all been re-enacted under the new Ordinance. Clause 4 of the Bill is designed to bring item 11 of the Second Schedule up to date by substituting the title of the new Ordinance for that of the repealed Ordinance.
COMPULSORY SERVICE BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the Second Reading of a Bill intituled "An Ordinance to make provision for compulsory service by citizens of the United Kingdom and Colonies resident in Hong Kong in the Royal Hong Kong Defence Force, the Special Constabulary and the Essential Services Corps, to provide for transfer of personnel from one of such bodies to another and to regulate the conditions under which certain members of such bodies may leave the Colony"
THE COLONIAL SECRETARY seconded.
HON. P. S. CASSIDY: —Your Excellency, I rise to support the Second reading of this Bill and I should like to offer a few remarks from the point of view of the business community.
Your Excellency's address on the occasion of the First reading was, in my opinion, a clear justification for this Bill and I am sorry that it was not more closely studied by some of the anonymous correspondents who have written to the press. One remark you made was to the effect that in these days people prefer to be directed into service rather than to volunteer into it. This, I think, is true but one must allow those directed the Englishman's (or perhaps I should say the Briton's) privilege of grumbling about it. I have tried to obtain from some of the younger members of the business community their objections and criticisms in a concrete form. I must confess that I have not been very successful. There is a natural doubt as to whether the Defence Force can be of much use when the Colony is so well protected by a large and efficient force of regulars. There are various answers to that but the main one is that everyone capable of bearing arms has a place in the defence of the Colony. I think people in Britain would take a pretty poor view of us if we refused to lift a finger to help ourselves.
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A more reasonable ground for criticism is in respect of the possible neglect to make the best use of the officer material we have here. I can quite understand a natural reluctance on the part of those who have been senior officers to serve in the ranks. But it is over six years since the war ended and military science has advanced a good deal in that time. I think that some would derive more benefit from a spell of training as officers attached to a regular unit than in the ranks of the Defence Force, and no doubt consideration will be given to that suggestion. During 1941 quite a number of those then serving as volunteers here were given temporary commissions in the regular forces. Officer material can also be made good use of in security and intelligence units.
Some people are anxious in case compulsory service will deprive them of home leave or make it difficult for them to depart on a business trip. I see no reason why there should be anxiety on that score. Applications for leave were promptly dealt with in 14-18 and 39-41 and so far as I remember there was no interference with the normal coming and going.
Your Excellency has also referred to being swamped with enthusiasts when the emergency arises. This is the third occasion on which Compulsory Service has been introduced during my term out here and twice I have seen the normal machinery creaking under the sudden load imposed by the last minute enthusiasts. I am convinced that it is right to be prepared for an emergency and I welcome this Bill as the logical outcome of the preparations made to meet an emergency. There has been a lot of loose talk about becoming slaves to an autocracy and such like but I do appeal to the young men of this Colony to have confidence in those on whom falls the heavy responsibility of defending and administering this Colony. This Bill and those that accompany it have been the subject of much deep thought and consideration by the Civil Government in conjunction with the Services. Many of those liable to be called up complain that they were not consulted before this legislation was introduced. It would, of course, have been difficult to do so and I doubt whether very much assistance would have been forthcoming. Nevertheless I hope that those who are to administer this legislation will be ready to listen to any constructive criticism from those who are called on to serve and that the latter on their part will co-operate to the full so that the community may derive full value from these ordinances.
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HON. C. E. M. TERRY: —Your Excellency, there is an old saying to the effect that so long as one carries an umbrella the weather remains fine, but the first time one neglects that precaution down comes the rain. That analogy, I suggest, can be applied to the Bill now before us. As you have made abundantly clear, Sir, this is not panic legislation but merely part of the logical sequence of carefully thought out plans to prepare against any emergency which may arise, and that very state of preparedness diminishes the probability of the emergency arising at all.
Since the first publication of this Bill I have neither heard nor read any argument against its principles which I consider a valid one and I am convinced, as I have been from its inception, of the necessity for this measure, although I must disagree with my Honourable Friend Mr. Cassidy as to the destruction of the volunteer spirit, to which this Colony owes so much. I am sure that spirit is still there, even though it may have to be directed. Nevertheless the concern which has been expressed as to the administration of this Bill is understandable, but I am confident that not only my Unofficial colleagues, but you yourself, Sir, will keep an eagle eye on any faults which may arise in this direction. I know of the care and thought which has already been devoted to preventing such faults arising, and I consider that the appointment of a well known and responsible citizen of the Colony rather than a Government Official, as Director of Manpower is symbolic of this view.
I support the Motion for the Second reading of this Bill.
THE ACTING ATTORNEY GENERAL: —Sir, Council must indeed be grateful for the view expressed by the two Honourable Members who have just spoken. The speech of the second Honourable Member did not suggest any criticism but there were three points, I think, made by the Hon. P. S. Cassidy which call for some reply or some re-assurance by Government. In the first place, he made the suggestion that persons called up for service—and I think he had the Royal Hong Kong Defence Force in mind primarily—and who had served as officers before, would derive more benefit by attachment for training to regular units of the Services than by serving in the ranks of the Hong Kong Defence Force. That is a suggestion which has in fact been discussed before with His Excellency the Commander of the British Forces and I am able to say that it has his sympathetic consideration. I think it would be wrong, however, for us not to bear in mind that the primary purpose of the Compulsory Service Ordinance is to ensure that the Royal Hong Kong Defence Force, and the
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other organizations to which it applies are built up in a satisfactory manner and I think it would also be wrong to give any assurance, as to how much of the training of any of the officers to which the Honourable Member refers would in fact be spent with regular units. It rather depends upon how many of them there are and it also depends upon their taking part loyally and being trained in the particular unit to which they happen to be attached, and it might not always be the Royal Hong Kong Defence Force.
It is very difficult to speak generally; one must consider the age and service of the officer concerned before one can say with any certainty whether the authorities could say, "Well, this is not certain, but perhaps in time of war when an emergency occurred he would be an officer who would be seconded to His Majesty's regular forces and therefore let us give him some training with those forces." But I do assure the Honourable Member on behalf of Government that sympathetic consideration will, so far as it is possible and within the limits which I have sketched, be given to that suggestion.
The Honourable Member raises also the question of being allowed to leave the Colony on ordinary leave, vacation leave and on business trips. I think he himself found the answer when he said that in 14-18 and in 39-41 that power to forbid departure would not be exercised in such a way as to interfere with normal leave and normal necessary business trips and I feel quite sure that Government would see to it that no more interference was made than was necessary in the circumstances of any case or any particular emergency.
He then said that it might have been preferable, although he fully understood why it was not possible, that consultation with bodies outside Government might have been made before this Bill was introduced into Council and he expressed the hope that that could now be remedied by the officials whose duty it would be to administer the Bill if they attend and pay heed to constructive criticism. Again, Sir, I think I can say on behalf of Government that this is so and I am quite sure that when the Honourable Member refers to constructive criticism he means constructive and informed, and Government has no hesitation in giving the necessary assurances.
The Bill was read a Second time.
Council then went into Committee to consider the Bill clause by clause.
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Council then resumed.
THE ACTING ATTORNEY GENERAL reported that the Compulsory Service Bill, 1951 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.
ROYAL HONG KONG DEFENCE FORCE BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to provide for the establishment of the Royal Hong Kong Defence Force".
THE COLONIAL SECRETARY seconded, and the Bill was read a Second time. Council then went into Committee to consider the Bill clause by clause.
H. E. THE GOVERNOR: —I suggest, gentlemen that we take these clauses in blocks of five.
This was agree to.
Clause 18.
THE ACTING ATTORNEY GENERAL: —Sir, I rise to move an amendment to clause 18 by the deletion of subclause (7). As explained on the First reading of the Bill, Government proposes to make more comprehensive provision for option by amendment to the Pensions Ordinance, 1949.
Clause 19.
THE ACTING ATTORNEY GENERAL: —Sir, I rise to move an amendment to clause 19. I move that subclause (1) of clause 19 be amended by the insertion immediately after the word "awarded" in the eleventh line thereof, of the words "whether provisionally or on any other basis".
The intention is to remove doubt. A considerable period elapses in some cases before final award and meanwhile payment is made under the provisional award. Payment of pay should clearly cease on a provisional award.
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Clause 25.
THE ACTING ATTORNEY GENERALH—Sir, I rise to move an amendment to clause 25: that subclause (5) of clause 25 be amended by the deletion of the word "October".
Clause 17 of the Bill provides for the payment of annual bounty to officers and members at the end of each training year. The training year, as provided by this subclause we are now considering, runs from 1st April to the subsequent 31st March. There are various advantages from an accounting point of view in disassociating the training year from the financial year. In particular it is easier to arrange for payment in a month which is a less busy month for the Accountant General and Government generally than March, which would be the appropriate month if no amendment were made. Moreover, if no amendment is made it would be extremely difficult for anyone to earn a bounty in the financial year we are now in.
The amendments were agreed to.
Council then resumed.
THE ACTING ATTORNEY GENERAL reported that the Royal Hong Kong Defence Force Bill, 1951 had passed through Committee without material amendment and moved the Third reading.
THE COLONIAL SECRETARY seconded, and the Bill was read a Third time and passed into law.
HONG KONG ROYAL NAVAL VOLUNTEER RESERVE (GENERAL SERVICE) BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to provide for the placing at the disopsal of His Majesty's Royal Navy for general service officers and men of the Hong Kong Royal Naval Volunteer Reserve, and ships of war maintained by the Colony".
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.
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THE ACTING ATTORNEY GENERAL reported that the Hong Kong Royal Naval Volunteer Reserve (General Service) Bill, 1951 had passed through Committee without amendment, and moved the Third reading.
THE CCLONIAL SECRETARY seconded, and the Bill was read a Third time and passed into law.
ESSENTIAL SERVICES CORPS (AMENDMENT) BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to amend the Essential Services Corps Ordinance, 1949".
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 ACTING ATTORNEY GENERAL reported that the Essential Services Corps Bill, 1951 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.
SUPPLEMENTARY PROVISIONS 1951-52.
THE ACTING FINANCIAL SECRETARY moved the following resolution: —
Resolved that the Supplementary provisions for the quarter ended 30th June, 1951, as set out in Schedule No. 1 of 199-52, be approved.
He said: Sir, the special warrants set forth in the Schedule have all been approved by Finance Committee, and it is now necessary for the covering approval of this Council to be formally signified. The net total of supplementary provision for the first quarter of the financial year is just over $1¾ million. Most of the items are for minor adjustments in personal emoluments which were too late for inclusion in the Estimates and there are a number of revotes. Of the larger items, one of $500,000 covers the cost of constructing two new vessels for the use of the C. & I. Department
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and another of $131,000 covers the cost of additional staff for the clinics run by the Medical Department. There is a bill of almost $200,000 for typhoon and rain storm damage which occurred last year and in view of the heavy rains and many landslides during this summer, I fear that other bills may be expected in the near future.
THE COLONIAL SECRETARY seconded, and the Motion was carried.
HOTELS (REPEAL) BILL, 1951.
THE ACTING FINANCIAL SECRETARY moved the First reading of a Bill intituled "An Ordinance to repeal the Hotels Ordinance, 1949". He said: Sir, it will be within the recollection of Honourable Members that the Hotels Ordinance of 1949 was passed at a time when the accommodation problem in the Colony was one of extreme difficulty. It was never intended that it should be permanent and it was in fact provided that it should expire automatically unless renewed by annual resolution of this Council. It was due to expire on 31st December last year but was renewed for a further year and in the normal course of events will expire at the end of this year unless again renewed. The hotels concerned have loyally co-operated with Government in carrying out the underlying intention of the Ordinance, but several months ago they approached Government and suggested that the time had come when the control might be removed. They pointed out that a number of new hotels have recently been completed and that more were under construction and that the demand for accommodation had fallen. Investigations were carried out and discussions were held on a number of occasions with representatives of the hotels. From these investigations and discussions it did in fact appear that a case had been made out for relaxation of the control. For example, on 7th July last out of 756 rooms subject to control by the Ordinance, no less than 141 were vacant, that is vacant in the sense that no residents were available to fill them. The Quartering Authority tells me that yesterday there were 145 rooms vacant and of this total only 45 were occupied by transients, leaving just 100 empty rooms. Government was somewhat hesitant about removing the control completely lest such action might result in an increase in charges to those residents who are still obliged to live in hotels. But the hotels have assured Government that this will not happen. They have voluntarily undertaken that any resident living in a hotel at this date may continue to reside in that hotel and may pay the same price for his room as he is paying now until either he leaves
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or a period of one year elapses, whichever event occurs first. Not only so, but in view of the concern of Government that the position of members of the armed services should not be prejudiced, the hotels have further undertaken that the total amount of accommodation now occupied by members of the armed services will continue to be made available for the Services at the same charge for a period of one year in the first instance, after which period the matter will be further reviewed. I regret, however, that in so far as the charges for food are concerned it will be necessary to permit the hotels to increase the maximum charge for residents from $6.50 to $7.00 a day. This charge will be subject to review from time to time in the light of the level of food prices. I move the First reading of the Bill.
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: —
The Hotels Ordinance, No. 5 of 1949, was made law at a time when residential accommodation in the Colony was very difficult to obtain. It imposed on a number of existing hotels restrictions on the charges for accommodation and food which they might make to bona-fide residents and obliged them to reserve a certain number of rooms for such residents.
2. The Ordinance expires on the 31st December next.
3. After a comprehensive review of the position, Government is satisfied that the existing control is, in view of the slackened demand or accommodation and of the number of new hotels which have since come into existence, no longer justified. It is therefore proposed to repeal the Ordinance forthwith.
REGISTRAR GENERAL (ESTABLISHMENT)
(AMENDMENT) BILL, 1951.
THE ACTING ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance to amend the Registrar General (Establishment) Ordinance, 1949." He said: Sir, the object of this Bill is to give legislative effect to certain changes in the establishment of the Registrar General's Department whereby some of the functions of the offices administered by that Department will be discharged by Executive Officers who will be styled
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Assistant Registrars. These functions will be exercised under the supervision of the Registrar General and his deputy. The latter officers will be legally qualified and provision to this effect is made by subsection (2) of the new section 3 introduced by clause 2 of the Bill. This subsection follows subsection (2) of section 75 of the Bankruptcy Ordinance, 1931 which specifies the requirements for the post of Official Receiver and Deputy Official Receiver. As a matter of policy, however, preference in making permanent appointments will always be given to solicitors and particularly to those solicitors with a knowledge of the laws of Hong Kong. Nevertheless, acting and temporary appointments must be considered and it is for this reason that the subsection is couched in somewhat wide terms which permit the appointment of any person with legal qualifications.
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: —
1. The Office of Registrar General was established by the Registrar General (Establishment) Ordinance, 1949. At the time of the enactment of that Ordinance it was envisaged that the duties attaching to the offices listed in the Schedule to the Ordinance would be discharged by the Registrar General assisted by deputies, all of whom would be members of the Colonial Legal Service. It has now been decided that the establishment of the Registrar General's Department should consist of the Registrar General and a Deputy Registrar General, together with such number of Assistant Registrars as may from time to time be required to assist the Registrar General and the Deputy Registrar General in the performance of their duties. Unlike the Registrar General and his Deputy, the Assistants will not be members of the Colonial Legal Service and accordingly they will not have the rights conferred on legal officers by the Legal Officers Ordinance, 1950.
2. The object of the Bill is to give legislative effect to this change in the establishment of the department.
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DUTCH BANKS (REPEAL) BILL, 1951.
HON. LEO D’ALMADA E CASTRO, K.C. moved the First reading of a Bill intituled "An Ordinance to repeal the Nederlandsch-Indische Handelsbank Ordinance, 1907, and the Nederlandsche Handel-Maatchappij Ordinance, 1907." He said: Sir, Honourable Members having enacted so many new laws to-day should be pleased with the Bill standing in my name in the Order of Business, for its object is to remove from the statute book two Ordinances. The pity of it is that they are very short Ordinances indeed. Those Ordinances, Sir, have become obsolescent, hence their proposed repeal. I move the First reading of the Bill.
HON. LO MAN WAI, O.B.E. seconded, and the Bill was read a First time.
Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows: —
1. In 1907 when the Nederlandsch-Indische Handelsbank Ordinance, 1907, and the Nederlandsche Handel-Maatschappij Ordinance, 1907, were passed foreign corporations were under certain trading disabilities such as the lack in some cases of a corporate seal, restrictions as regards the holding of land and the inability to comply with local laws regarding the appointment of attorneys. The Ordinances now sought to be repealed, require the Manager in each case of the two Banks concerned to file a memorial in the form prescribed by each of the said Ordinances, such memorial to be authenticated either by the signature or seal of office of one of the Ministers of the Government of the Netherlands at the Hague verified by a British Ambassador or Consular Officer, or authenticated by the signature and seal of one of the Secretaries of the Government of Netherlands-India at Batavia and countersigned by the British Consul at Batavia.
2. The above requirements of authentication of the memorials made necessary under the said Ordinances have been found onerous and difficulties have been experienced in complying with them.
3. Since 1907 trading disabilities including those abovementioned have been removed by the Foreign Corporations (Execution of Instruments under Seal) Ordinance, 1920, and by successive Companies Ordinances and amendments thereto.
4. The said Ordinances now serve no useful purpose and should therefore be repealed.
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CHILDREN'S PLAYGROUND ASSOCIATION BILL, 1951.
HON. P. S. CASSIDY moved the First reading of a Bill intituled "An Ordinance to provide for the incorporation of the Children's Play-ground Association." He said: Sir, Honourable Members will notice in the Objects and Reasons that the Children's Playground Association was founded as far back as 1933. It resumed its activities after the war and the Southorn Playground with its fine centre is evidence of what the Association has been able to do for the community. It is hoped that further playgrounds will be set up and equipped within the next year or two and with this in view it is desirable that the Association be incorporated. I therefore move that this Bill be read a First time.
HON. LEO D'ALMADA seconded, and the Bill was read a First time.
Objects and Reasons.
The "Objects and Reasons" for the Bill were stated as follows: —
1. The Children's Playground Association has been in existence under its present title since 1933. Its aims and objects are to equip and manage land and grounds within the Colony obtained from Government and property owners, as play-areas for the children of the Colony and to afford recreational facilities for such children and to erect such centres and buildings as may be necessary or conducive thereto.
2. The Association not being a corporate body, cannot hold property in its own name and it is, therefore, thought desirable and convenient that the Association should now be a body with perpetual succession.
3. The incorporation of the Association is desirable also for the purpose of the administration of the funds and other assets which it will hold in connexion with its work in this Colony. It is the object of this Bill to effect such incorporation.
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ADJOURNMENT.
H.E. THE GOVERNOR: —That concludes the business, Gentlemen. When is it your pleasure that we should meet again?
THE ACTING ATTORNEY GENERAL: —I suggest this day two weeks, Sir. H.E. THE GOVERNOR: —Council will adjourn to this day fortnight.