890
of whether a man is a subordinate officer but whether he is a suitable officer such as will be approved by the Governor.
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Hou. T. H. WHITEHEAD-Before these by- laws are approved. I should like any one or two words. Probably by-law No. 25 is the most important of all the by-laws in question. Wheu sanctioned it will constitute the Sanitary Board and the Sanitary Board's cfficers the law of the colony. It will supersede Ordinance 15 of 1894 and will constitute the Sanitary Beard the law of the colony and the sole judges of what property shall be pulled down and destroyed. These are very great and unlimited powers and your Excellency rightly and clearly perceived that they should not be entrusted to Bubordinate officers, but to responsible and thoroughly qualified cfficers If subordinate | men were entrusted with these powers I feel sure that the doors won d be opened to the most grare abn.es, especially as dealing with Chinese. If wo were dealing with Europeans it would be a different thing. At the last meeting of the Council the hon. member opposite (the Captain Superintendent of Folice) submitted that the Sanitary Board commands the respect of the community. It is not necessary for make any remark upon his statement, but the evidence which was given in the Summary Juris diction of the Supreme Court in the cases berd in the autumn of last year, when the Sanitary Board was muleted in damages for their illegal action in destroying property, did not indicate any necessity for relieving the Sanitary Board of all responsibility and liability to being called to account for its action. The present law, Ordinauce 15 of 1894, section 19, sub-section 5, requires the Sanitary Board to prove its case and to obtain an order from a Magistrate before they can begin to remove or destroy pro. perty. This by-law No. 25, when it is sanctioned, will deprive the inhabitants of all opportunity of being heard before an partial authority before their property can be removed and destroyed. Your Excellency rightly perceived that such unlimited dis- cretionary powers should be entrusted to only thoroughly well qualified and responsible officers, and so long as your Excellency remains with us I feel sure that the ratepayers will have no reason to complain. But I submit, Sir, that it is imperatively necessary to see that the officers entrusted with these unlimited arbitrary powers should be thoroughly well qualified and thoroughly responsible.
im
His EXCELLENCY-Have you any motion to
· bring forward?
Hon. T. H. WHITEHEAD-No, Sir.
His EXCELLENCY-I can only repeat the assertion that I made the other day, that so long as I am here only thoroughly qualified officers shall be employed in the work-officers who will command the respect of the European community and also the Chinese community. (Applause.)
The by-laws were then approved Hon. T. H. WHITEHEAD-These by-laws having been approved I rise to a point of order. At the meeting of Council held two weeks ago attention was called to the fact that the by-laws had been in the possession of the unofficial members for consideration only fwo clear days before being brought before the Council. I was informed by the Colouial Secre- tary that if I had thought it fit or necessary I could have referred to the Sanitary Board for a copy of these by-laws. I submit, Sir, that he unofficial members should not be required to go to the Sanitary Board to obtain such papers and in future I hope your Excellency will cause instructions to be issued to the usual authority, the Clerk of Councils, for the unofficial members to be furnished with papers and given 'full time to consider "the them in order that they may consult those whose interests may be seriously affected by any proposed changes. I think that the dignity of the Council would be consulted if more consideration was shown by the hon. Colonial Secretary to the hofficial members. At a meeting of the Council in December last the hon, Colonial Secretary accused the unofficial members of endeavouring to burk a Bill then before the Council, namely, the Military Con- tribution Bill. Now, Sir. I have before me Lere the despatch of the Secretary of State: cn
THE HONGKONG WEEKLY PRESS AND
the subject of this Bill and the word "burk" was utterly inapplicable to the case in question, Why it was employed I do not understand. Paragraph 2 of the Secretary of State's despatch states-"I have to request that you will convey to the unofficial members of the Legislative Council my regret that the Ordinance was submitted to them before the receipt of my despatch in answer to their niemorandum, enclosed in your despatch No. 225 of the 23rd September, 1896." I do not make any formal complaint, but I think the dignity of the Council would he consulted if the bon. the Colonial Secretary showed more con- sideration to the unofficial members.
The COLONIAL SECRETARY-I think the request made by the hon. member that sanitary by-laws should be placed in the hands of the unefficial members for & suficiently long time to allow of their due consideration is a most reasonable que and it is a request which I am In sure your Excellency, will see carried out. regard to the bon member's accusation that the Colonial Secretary treats the unofficial wen.- bers with a want of consideration I regret that that should be his opinion, and 1 tinst it is not shared by his colleagues. If I have ever in any way treated bon. members with a want of consideration it has now been from a desire to do so, but has been quite unintentional.. I
trust that the other hon, members of this Coun. cil do not bold the same opinion as that ex- pressed by the hon. memer who reprents the Chamber of Commerce.
THE VACCINATION ORDINANCE. The ATTORNEY-GENERAL-I rise to move the second teading of the Bill entitled an Or- dinance to amend the Vaccination Ordinance, 1890. In doing so I should like to state that under the Ordinance of 1890 no notice was taken of cases of insusceptibility to successful vaccina- tion.. Such cases are extremely rare but this Ordinance is designed to remedy the defect. One case of insusceptibility was brought to my notice and I accordingly pre- pared this Ordinance by direction of His Excellency and I provided for such cases in section 3, which is taken from the Imperial Vaccination Act. of 1867. I submitted this Ordinance to Dr. Atkinson and he says that the section will entirely meet such cases.
The COLONIAL SECRETARY seconded. Bill read the second time.
Council went in Committee on the Bill.
Council resumed and the Slanding Orders having been suspended the Bill was read a third time and passed.
THE FLOGGING ORDINANCE.
The ATTORNEy-General-I beg to move the second reading of the Bill entitled an Ordinance to amend the law as to flogging It will be within the recollection of hon. mem- bers that the subject of flogging in Victoria Gaol was considered by a Committee, who made a voluminous report. The result was that the prison rules were altered, and the Secretary of State desired that the law should also be altered so as to reduce the number of strokes to twenty and to allow the use only of the birch. Some of the previous Ordinances in force made forty strokes the maximum. and some required the use of the rattan. I think hon. members will agree that a uniformity as to the maximum number of strokes and the instrument to be used is desirable and should be affected by legislation. The Secretary of State, having considered the matter, sent out instructions to prohibit the use of any instrument for logging with the exception of the birch and to limit the maximum number of strokes to
twenty.
The COLONIAL SECRETARY seconded. Bill read the second time.
May 20, 1897.
Chinese Ordinance, 1888 it is thought desirable so to modifiy section 30 of that Ordinance as to admit of the relaxation of such require- ment when it seems to His Excellency that night passes may be dispensed with without prejudice to the safety and well-being of the community. At present, section 30 of Ordin auce 13 of 1888 requires such passes between 9 p.m. and sunrise, unless other hours are fixed by Order in Council. The effect of repealing section 30 and substituting the new section will be that night passes will only be compulsory when they are required by Order of the Gover nor in Council, published in, the Gazette, and then only between such hours of the night as may be fixed by such Order. In the absence of such Order they will not be required at all.” I would like to point out to the Council ons result of the night and pass regulations accord- ing to the report for 1896. It seems that in November and December. 1895, when the pro- visions as to lights and passes were revived, there were 1,739 persons convicted. In January, 1896, the hems for lights and passes were altered, and, during the year 1896, no less than 3,246 per- sors were fined or imprisoned. These figures show that under the regulations 9 persons were fined or imprisoned every day. It seems to me that the time has arrived when His Excellency might try the experiment of suspending the passes for a time and of seeing what the result will be. I can only trust that the Chinese wil so use this concession made by His Excellency that there will be no need to revive these passes for some time to come.
The COLONIAL SECRETARY—I am sure that the passing of this law will give satisfaction to the Chinese community. I may point out that at the present time there are fourteen or fifteen thousand quarterly passes issued every quarter by the Captain Superintendent of Police and the number is so large that it is impossible to exercise sufficient check over all the passes issued. With these few remarks I beg to second the second reading of the Bill.
Bill read the second time.
Council went into Committee and Bill passed through all its stages.
THE STOWAWAYS ORDINANCE. The ATTORNEY-GENERAL-I beg to move the second reading of the Bill entitled an Ordin- ance to provide for the punishment of stow- aways arriving in this colony. I think it will not be necessary for me to say anything on the Bill beyond reading the objects and reasons. The vagrancy law renders those who bring destitute people to this colony liable, in certain cases, to repay the expense thereby incurred
main- by the colony in the tenance, etc., of such people. Where passage. been paid for such destitutes, or where, out of even part passage money has compassion, a passage has been given, it is obviously just that those who knowingly im- port into the colony persons who have no means of subsistence should not be allowed to
money
or
put the community to the cost of maintaining them. Where, however, such destitutes.come as stowaways, against the consent of those in charge of the ship, and no passage money er compensation is paid, it seems fair that means should be provided by which the stowaway can be punished and the master of the ship be This Ordinance is intended to The Imperial Mer- protected. provide such means. chant Shipping Act, 1894, section 2:47, does not apply to foreign ships, and stowaways are brought to Hongkong in. foreign ships as well as in British ships. The River Steamers of 1890 have provided efficacious remedies in Ordinance (No. 18 of 1895) and Ordinance 22 cases coming within their respective limits, and it is trusted that the present Ordinance will been unlawfully obtained, as Ordinance 22 of 1890 has been in preventing attempts by Chinese to obtain such passages from Hong- kong.
Council went into Committee on the Bill, prove as useful, in cases where passages have which passed through all its stages. THE REGULATION OF CHINESE ORDINANCE.
The ATTORNEY-GENERAL-1 rise to more the second reading of the Bill entitled an Or- dinance to amend the regulation of Chinese Ordinance, 188. The objects and reasons are appended to the Bill and they are as follows:-
Although, with a view to emergencies, it is requisite that the Governor in Council should retain the power at present possessed of requir- ing. Chinese who are out at right to be pro |vided with passes under the Regulation of
The COLONIAL SECRETARY seconded. Bill read the second time. Council went into Committee and the Bill passed through all it stages.
THE PROTECTION OP WOMEN AND GIRLS ORDINANCE,
The ATTORNEY-GENERAL -I beg to move the second reading of the Bill entitledzanz Or.
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