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THE HONGKONG WEEKLY PRESS AND
no,
[June 12, 1895.
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especially as an indulgence had just been where particular importance is rightly held a very useful rule and is frequently acted granted to an official member. Did we not to attach to forms of procedure. A simple upon; but it cannot be construed to mean know too well the personal character of the illustration will show how ridiculous it is to that no debate shall be allowed on the third high officials concerned it might almost be suppose that the rejection of an amendment reading except on a motion for recommittal. supposed that a conspiracy had been entered implies the carrying of a resolution. It is The natural right of general debate remains into against Mr. BELILIOS, for when the proposed, say, that no man shall wear his unimpaired, the only object of the rule being hon. gentleman subsequently rose to speak hair less than three inches in length; to that to allow of a Bill's being sent back to the to à motion for the third reading of a Bill | an amendment is proposed that the minimum committee stage, which could not well be a special rule providing the Acting Attorney-General interrupted him length shall be four inches; the amend-done without with the remark "This is the third reading ment is rejected. Does that necessarily therefore. The object of sending a Bill “of the Bill,” and on Mr. BELILIOS's attempt- imply that the original resolution is carried? back to committee is to enable alterations
According to the Governor, yes; but accord-to be made, but it may happen that ing to proceed the Colonial Secretary said-
The Bill has passed through Committes, ing to recognised rule and common sense, member may wish to oppose the Bill in to make alterations, and · in Our illustration perhaps sounds rather toto, not on a resolution formally moved by the “Hon. the Acting Attorney-General and absurd, but in Hongkong at present we are that case no question of sending it back "seconded by myself. The hon. member | living in an age of absurdity, and it would to committee arises. If he does not want “had full opportunity of making any re- not be much more extravagant to regulata to oppose the Bill as a whole, but simply to marks he wished to make when that resolu- the length of men's hair than to pass a introduce amendments, then his proper * tion was before the Council.” That finished law, as was done the other day, that no one form of proceeding would be to move its the matter. Mr. BELILION was not allowed may keep a carriage except by permission of committal, and for anything that appears to proceed and the Bill was read a third a Government officer to be appointed for the to the contrary that may have been what time. Again the Governor failed to correct purpose, and that he is to be subject to Mr. BELILIOS intended to do, but he was the mistake into which his officers had regulations as to the use he may make of stopped before he had any opportunity of Assuming, however, fallen, as it was his duty to do. A motion his carriage, if he should haply obtain per-explaining himself.
To come back, how-that Mr. BELILIOS wished to move an for the third reading of a Bill is as much mission to keep one.
was not aware of the open to debate as any other motion. ever, to the supposed adoption of the report amendment but
Ha proper form of procedure it was the duty of Apparently neither Mr. WISE or Mr. of the Public Works Committee. Stewart LockhART knew that. We can the question been put, Mr. BELILIOS the Governor, as President of the Council, hardly suppose the Governor was equally would necessarily have recorded his vote to inform him. The President of the Coun- motion, because in his cil is supposed to have all the standing rules ignorant, bat
to against the the point seemed
'solemnly washed his hands and orders at his finger-ends; the unofficial cape: His Excellency for the moment. speech he The third reading of a Bill, though, of the responsibility" of authorising the members may be excused if they are not generally a matter of form, is not necessarily expenditure which the adoption of the Public quite so familiar with them and look to the go, and Bills are occasionally thrown out at Works Committee's report involves. But the President for guidance when any question of that stage. Nothing. we are sure, could question was not put, and Mr. BELILIOS procedure arises. If a Judge in a court of have been farther from the mind of His was accorded no opportunity of recording his law observes an advocate or suitor going vote. How will Mr. BUCKLE enter it up in astray on a point of procedure he will draw Excellency, or the Colonial Secretary, or the Acting Attorney-General than to burk his minutes? If he simply says that the re- his attention to the error and set him legitimate discussion or do an injustice to solution was carried the record will be im-right, and much more might the Governor Mr. BELILIOS, but that is in effect what was perfect, because it should be made to appear of a Crown Colony, presiding over the done. It was simply the result of want of whether the resolution was opposed or not; Legislative Council, be expected to assist an knowledge, not of any intention to do wroug, and if he says that it was carried nemine unofficial member on any technical point, in- but it is not easy to find an excuse for the dissentiente the statement will be contrary stead of allowing his subordinate officers to to fact. The correct record would be that bluff the unofficial member into silence. It want of knowledge.
owing to the irregularity with which the should be regarded as a case of noblesse proceedings were conducted it was impossible oblige. to say exactly what was done.
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HONGKONG LEGISLATIVE COUNCIL. A meeting of the Legislative Council was held His Excellency the Governor, Sir WILLIAN on Thursday afternoon. Present ROBINSON, K.C.M.G.
Colonial Hon. J. H. STEWART LOCKHART, Secretary.
Hon. A. G. WISE, Acting Attorney-General, Hɔn. A. M. THOMSON, Acting Colonial Treasurer.
Hon. F. A. COOPER, Director of Public Works. Hon. Capt. W. C. H. HASTINGs, Acting Cap- Hon. A. K. TRAVERS, Postmaster-General. Hou. C. P. CHATER. Hon. Ho Kai.
Hon. E. R. BELILIOS, C.M.G. Hon. A. MCCONACHIE. Hon. J. J. Bell-Irving.
Mr. J. G. T. BUCKLE, Acting Clerk of Councils.
It would seem that the officials concerned in preventing the Hon. E. R. BELILIOS speak
Perhaps our readers may be inclined ing at the last meeting of the Legislative Council rather regret their action, as it is to think the whole question somewhat natural they should, but at the same time puerile, the substance being always more im- they are inclined, we gather, to set up a portant than the form, and it being abun. technical defence. This defence, unfortu- | dantly clear what the intention of the A little consideration, how- nately, only lands them further in the mire. Council was Mr. BELILIOS, conceiving himself to have ever, will show that questions of procedure been misapprehended, rose to make an ex- do possess some practical importance. Half planation, as he was entitled to do under the law suits that arise are due to the the standing rules and orders, but he was neglect of common business principles, and ruled out of order. It is now suggested that in matters of legislation irregularity in pro, Mr. BELILIOS might have been in order had cedure in the same way leads to con- he risen to make his explanation before the fusion and uncertainty in the law. Ittain Superintendent of Police. motion was carried, but that rising when he is important, too, that the principle should did he was too late. As a matter of fact the be vindicated that there is not one law motion never was carried, strictly speaking, for the officials and another for the un- and the Clerk of Councils will have to exer- officials as regards right of speech in the oise some ingenuity to bring his minutes into Legislative Council. The standing rules and What happened was this. orders are very frequently violated by proper form, The Director of Public Works moved the official members, and it is unseemly the adoption of the report of the Public that the same rules should be strained in Works Committee, the motion was duly order to stop the mouth of an unofficial then member. But in the case of Mr. BELILIOS and Mr. BELILIOS gecpaded,
was not it was not a question of straining, but of the moved an amendment, which seconded; Mr. COOPER replied, and the total misapplication of the rules. We have Governor, without putting the question, already dealt with one instance in which that id: "The amendment not having been gentleman was obstructed in his right of seconded the resolution is carried." It speech. There still remains another. Mr. was at that point that Mr. BELILIOS rose BELILIO rose to speak on a motion for the to make his explanation, and it was the third reading of a Bill, as he had a perfect arliest point at which he could have done right to do, but he was promptly stopped. so, as HIS EXCELLENOT's declaration followed The defence put forward is that discussion immediately upon the termination of Mr. upon the third reading of a Bill can be COOPER'S speech. But the non-seconding entered upon only on a motion that the of recommitted, in support or negativing of an amendment by no means Bill carries with it the adoption of a resolution. which rule 43 is referred to. Rule 43 provides That is a mistake which is often made by that "if on the third reading any member inexperienced presidents of debating socie- "desire to omit or amend any provision "contained in the Bill or to introduce any ies, but which ought never to be made in an
"fresh provision thereinto, he may move, assembly of practical business men and more
That i especially in
in a Legislative Assembly,“that the Bill be recommitted."
be
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NEW MEMBERS.
Hon. Commander W. C. H. Hastings, Acting Captain Superintendent of Police, and Hon. A. K. Travers, Postmaster-General, took the oath of allegiance.
DOCUMENTS. ·
The COLONIAL SECRETARY laid upon the table the following documents:-The report of the Director of the Observatory, the report of the Superintendent of the Botanical and Afforests- Sanitary Superintendent, the report of the tion Department, the report of the Colonial Veterinary Surgeon, and the Blue Book-all for 1894.
A PERSONAL EXPLANATION, Hon. A. McCONACHIE said-I beg to ask your Excellency's permission to make a personal statement.
His EXCELLENCY assented.
Hon. A. McCONACHIE—At the meeting of Council on the 17th April I read out an extract from the report of the Medical Committe, of which I had the honour of being a member. The fair copy came in to me for signature an hour or