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December 16, 1897.]
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REPEAL OF SANITARY BY-LAWS. The ATTORNEY-GENERAL moved :--"That this Council approves of the repeal by the Sanitary Board of the Bye-laws made by such Board, under section 13 of Ordinance 15 of 1894, on the 19th and 28th days of March, 1895, which were approved by this Council on the 20th day of March, and the 4th day of April, 1895, respectively, and were published in the Gazette by Government Notifications Nos. 111 and 134 of 1895. Such repeal to have effect as
regards all such Bye-laws except No. 4 as from the 22nd May, 1897, and, as regards No. 4, as from the 13th day of November, 1897, on which dates respectively new Bye-laws were published
in the Gazette.”
The COLONIAL SECRETARY seconded. Carried.
THE NEW PUBLIC OFFICES.
Hon. T. H. WHITEHEAD-I beg to give notice that at the next meeting of Council I will ask the following question :- Will the Government lay upon the table a copy of tho correspondence which has passed between the home authorities and the Colonial Government in connection with the proposed new Public Offices subsequent to that already published?
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WIDOWS' AND ORPHANS' PEKSIONS ORDINANCE.
The ATTORNEY-GENERAL-I beg to move the second reading of a Bill to amend the Widows and Orphans' Pensions Ordinance, 1890. Of course when an elaborate Ordinance like that of 1890 is passed, providing a scheme of pensions, the desirability will be shown of making small amendments from time to time, and this Bill makes two amend- ments which the Secretary of State has desired should be made. At the same time, by section 2, it makes the effect of the repealing Ordin- ance; 12 of 1896, clear.
The COLONIAL SECRETARY seconded. Carried.
Council went into Committee on the Bill. Bill passed through Committee, read a third time, and passed.
SMALL TENEMENTS RECOVERY ORDINANCE.
The ATTORNEY-GENERAL-I beg to move the second reading of a Bill entitled an Ordinance to faciliate the recovery of possession of small tenements. I think my somewhat lengthy minute explaining the objects and reasons has been circulated to all the members, and one great advantage of such minutes is that it simplifies very much the duties of the mover of the second reading of the Bill. It seems that an Act similar to this is in force in
CHINA OVERLAND TRADE REPORT.
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held. Hon. J. H. Stewart Lockhart
(Colonial Secretary) presided, and all the members were present.
MINUTES.
The minutes of the previous meeting were read and confirmed.
WATER FOR MARKETS.
The first minute was one in which the Governor recommends the Council to vote
8401.41 in aid of the rote " Water for Markets, &e.." Sanitary Department.
Hon. C, P. CHATER-I suppose this is one of the items referred to by my hon. friend (Hon. T. H. Whitehead) in the Budget?
The CHAIRMAN-The question of water for markets is now under the consideration of the Government. The Director of Public Works has addressed a memorandum to the Governor on the subject, but I understand that it is the intention of the Governor to treat Was suggested. If there is any departure from that intention the Council will be informed.
this item 18
Item recommended.
THE COST OF THE JUBILEE CELEBRATION. The second item was one in which the Gover- nor recommends the Council to vote $13,451.72
to meet the expenses in connection with the
Jubilee celebrations, &c.
The CHAIRMAN-This item also includes the
cost of the transport of the Jubilee contingent which represented Hongkong on the occasion of the Jubilee at home. The passages and travelling expenses amounted to $7,561.25.
Hon. C. P. CHATER-I thought the expeuses were going to be defrayed by the Imperial Government.
Hon. Ho. KAI-Only the passages were to be paid by this Government.
Hon C. P. CHATER-I understood the ex- penses in England would be defrayed by the Imperial Government.
The CHAIRMAN The item for expenses in- curred by the Police in England amounted to $77.21.
Hon. C. P. CHATER-Ob, that's a small sum, The CHAIRMAN-That item must refer to something not included in the expenditure defrayed by the Home Government. illuminations cost $4,294.57; other miscellaneous expenses amount to $1,595.90.
The
Hon. T. H. WHITEHEAD-Will 17 per cent. for military contribution be charged in respect of this $13,000 F
The CHAIRMAN-It is not a question of re- venue; this is expenditure.
Hon. T. H. WHITEHEAD-Yes, but before we pass this expenditure there must be revenue to pay for it. on that?
Will 17 per cent. be charged
charged on the total revenue of the colony, less The CHAIRMAN-The 17 per cent, will be land sales.
informed us that he endeavoured to get the Hon. C. P. CHATER-I think His Excellency Secretary of State to do away with the levy on this item and also on the Jubilee fund, but the Secretary of State could not see his way to do it. The CHAIRMAN-The Council were informed of that.
England which enables the speedy recovery of tenements under £20 value. The necessity for that is obvious, as the tenant of property of that description has limited means and a land- lord who endeavours to recover possession, when such property is wrongfully held over, has to pay a lawyer and if judgment goes in his favour, and the tenant has not any money, the difficulty is in getting repaid any costs. In this colony sometimes a large number of coolies encroach on a piece of land held by some one under a Crown Lease, in a rural district, and erect mat- sheds there, and when it is pointed out that they have no right to be there they refuse to go. The labour of ejecting say 120 of them is by legal proceedings very great and the cost en- ormous, and if a suitor is successful he would not member has stated, the Governor did apply The CHAIRMAN-As the senior unofficial be able to get any money. Some little time ago,
to the Home Government to be allowed not to when another gentleman was acting as Attorney-charge 17 per cent. on the money expended in General, he gave it as his opinion that the connection with the celebration of the Jubilee, law on the subject in force in England but that was not sanctioned. was not in force in Hongkong. Therefore, to prevent any difficulties I have drawn this Orditi- ance mainly upon the lines of that Act, with such alterations as the circumstances of the colony require.. I do not think any hardship will be entailed in passing this Ordinance, because the
execution of a warrant can be stayed if the de fendant is willing to give a bond to sue the complainant, and the wrongful obtaining of a warrant is made a trespass, as in England.
The COLONIAL SECRETARY seconded, Bill read the second time.
not increase or diminish the revenue in any way. The ATTORNEY-GENERAL-This item would
Item recommended.
NEW CADETS,
The last item was one in which the Governor
recommends the Council to vote $275, being the salaries for two new cadets for the months
of November and December, 1897.
The CHAIRMAN-A despatch has been re- ceived from the Secretary of State informing His Excellency the Covernor that Messrs. Messer and Hallifax, who were successful can. didates in the competition for cadetships, have
Bill passed through Committee, read a third been appointed cadets for Hongkong. They time, and passed.
ADJOURNMENT.
The Conncil then adjourned until Monday, 20th December.
were to leave England on the 19th November, so they will be here next month. It is there. fore necessary to take this vote.
Item recommended.
ADJOURNMENT.
The Committee then adjourned.
SUPREME COURT.
7th December.
461
IN ORIGINAL JURISDICTION.
BEFORE SIR JOHN CARRINGTON (CHIEF JUSTICE).
GUBBAY AND OTHERS v. BELILIOS.
which the plaintiffs, D. A. Gabbay, A. J. Ray- The hearing was resumed of the equity suit in moud, aud A. J. David petitioned the Court, on behalf of themselves and of all others of the Jewish community in Hongkong, except the defendant, for a declaration that the defend- ant purchased a certain lot of land in this. colony known as Inland Lot No. 1.381, as a trustee for and on behalf of the plaintiffs and of all the other members of the Jewish com. munity in Hongkong, and that he now held the property in trust for the Jewish community subject to the payment to him of whatever monies he expended in the purchase.
Mr. J. J. Francis, Q.C. (instructed by Mr, O. D. Thomson, of Messrs. Deacon and Hastings), appeared for the plaintiffs and Mr. H. E. Pollock (instructed by Messrs. Wilkinson and Grist) for the defendant.
Mr. W. Danby resumed his evidence, being examined by Mr. Pollock.
Ezekiel and Mr. Silas about Mr. Belilios's in- Witness-I spoke several times to Mr. tention as to utilizing the land at the time of the sale of lot 1,381. Mr. Ezekiel was the head of Messrs. Sassoon and Co. and hr was succended
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by Mr. Raymond, whom I saw for the first time at the meeting our the 15th March. When Mr. Belilios had bought the three lots I prepared a contoured survey of them, which I produce. I commenced it in September, 1896, and finished the contours in December of that year. The words "site for house' were written on the plan at the for terraces" were written last year. meeting on the 15th March and the words "slopes I prepared a small scale sketch or preliminary plan of a house for Mr. Belilios himself. The plan was for two houses, so designed that they could be wall. thrown into one if desired by taking down a Mr. Belilios asked me before he bought and I replied that it was. After the acquisition the ground if it was suitable for such a house
to proceed with the plans so of the ground he gave me definite instructions prepared to get a contract for the building. I as to be
have not discussed the question of the site for the synagogne with Mr. D. R. Sassoon, but I unfortunate the Committee and Mr. Belilios spoke to Mr. David about it, and he said it was
about March this year. I do not remember that could not agree. That conversation took place
11th March I wrote to Messrs. Leigh and Orange, matter, but I have no doubt he did. On the Mr David spoke to me last year about the
in reply to a letter they wrote to me, suggesting Mr. Belilios, who would then be in a position that they should send their drawings direct to
prepared to dispose of as the site for the synagogue. to let them know how much ground he would be
office and said that he, the Committee, and Mr. The next thing was that Mr. Silas called at my
Orange wrote stating that the Committee had synagogue. On the same day Messrs Leigh and Orange were going to select the site for the
was the first time I had any intimation that decided to take the whole of lot 1,881. That they would claim the whole lot. ing held in my office on the 15th March there At the meet-
were present Mr. Belilios, Mr. Raymond, Mr. David, Mr. Orange (architect for the Com- mittee), and Mr. Silas. I produced the plans and explained them.
Mr. Pollock was proceeding to ask another.
question when Mr. Francis interrupted.
His Lordship Mr Francis, you really must not interrupt. Considerable latitude is given to counsel in cross-examination and you always exercise it to the fall. It is a very bad practice you have of interrupting and it is most unfair and prejudicial to the parties.
Mr. Francis-But, my Lord, I have a right- His Lordship-Pardon me, Mr. Francis. The only right you have is that in case of anything improper being done in the examination in chief you can appeal to the Court.
Mr. Franois-Then I shall have to appeal to the Court every moment, my Lord.
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