February 4, 1899.1
Hon. E. R. BELILIOS-Your Excellency, I might amend the question by striking out the word “why” It is immaterial whether the word
why" is there or not.
CHINA OVERLAND TRADE REPORT.
prisoners. Some question has been raised as to whether that would or would not infringe upon the prerogative of the Crown, because the Gov- ernor has by letters patent in this colony power
THE DOGS ORDINANCE,
89
leave to move the second reading of the Bill on- The ACTING Attorney-GENERAL I beg
titled an Ordinance to
MAL, EZERTARAT-KU efrekt you will fad 1 to remis sentences. I must say that it seems to ange, 1893. As the Dogs Ordin-
it difficult to delete the word without altering the question. You can consider the matter and put it in some other form.
Hon. G. P. CHATER-Your Excellency, the hon. member can two days previous to any meet- ing send in notice of question-
His EXCELLENCY-This is not a matter of notice. It is a matter as to the form of the question. The form of the question, as you will observe, is a matter of opinion-why the Gov. ernment has not done this, that, or the other thing. I think the question must be as to a matter of fact.
Hon. C. P. CHATER-I bow to your ruling, Perhaps I did i
not express myself properly. I meant that the hon. member could alter his question so as to bring it within the rules, and 'put it in two days before the meeting.
Họn. E. R. BELILIOS-Your Excellency, if I read the question in the following manner proba- the Government state whether or not the sites bly it would suit your Excellency's views. Will for the proposed new Law Courts and new Post Office have been selected, and the plans of the former, at any rate, have been considered, why steps are not taken to carry the proposals into
effect?!!
HIA EXCELLENCY-The first part is quite in order. If the hon member will consider the matter while the proceedings are going on, he will be able to get it amended.
Subsequently Mr. BELILIOS having re-drafted his questions got up to read them, but
His EXCELLENCY remarked-It is not neces- sary when giving notice of question to read the question. It is the usual custom in Parlia- ment simply to hand in the question, and then these matters can be settled with the clerk.
THE FINANCE REPORT.
.R
The report of the Finance Committee (No. 1) was laid on the table and adopted, on the motion of the ACTING COLONIAL SECRE- TARY, seconded by the. ACTING COLONIAL TREASURER. -
me, so far as I have gone into the matter, that such a provision in clause 19 of the Bill would not infringe upon the prerogative of the Gov ernor to remit sentences, because the provi- sions of the rules and regulations in regard to the remission of sentences simply and solely relate to a prisoner being able by good conduct to obtain automatically, so to speak, the remission of his sentence. Of course that is a point perhaps which honourable members would like to consider between this and the next meeting of the Council. It seems to me so far as I have gone into the matter that there is no difficulty of that sort. With these re- marks I beg leave to move the first reading of the Bill.
The ACTING COLONIAL SECHETARY second- ed, and the motion was carried.
NATURALISATION,
The Bill entitled an Ordinance for the Chin K'i, alias Mak Sui Nin, alias Mak Yat Naturalization of Mak Ngan Wan, alias Mak Wo, alias Mak Sun, was read a second time.
in
|
from the statement of attached to this Bill,
members will see objects and reasons object of the Bill is to enlarge the power to make regulations, which was originally conferred upon the Go- vernor-in-Council by section 5 of Ordinance 9 of 1893, in such a way as to authorise the Go- vernor-in-Council to make regulations relating to the importation of dogs. It seemed advisable at the same time to increase the maximum pen- alty which could be imposed under section 6 of that Ordinance from ten to one hundred dollars, which latter fine is the maximum laid down in the Singapore and Malacos Dog Regulations. It seemed also desirable to specify a maximum term of imprisonment in default of payment of the fine. I beg leave to move the second read- ing.
The ACTING COLONIAL SECRETARY seconded, and the motion was carried.
The Council then went into committee
suming the Bill was read a third time and to consider the Bill clause by clause, and no alterations being made, on the Connoil ra-
passed, on the motion of the ACTING ATTORNEY- GENERAL, seconded by the ACTING COLONIAL SECRETARY.
THE HONGKONG BANK NOTE 188UE, leave to move the second reading of the Bill The ACTING ATTORNEY-GENERAL-I beg
THE REGULATION OF VEHICLES. of 1866 and the Hongkong and Shanghai leave to move the second reading of the Bill entitled an Ordinance to amend Ordinance 5
The ACTING ATTORNEY-GENERAL-I beg Bank Ordinance Amendment Ordinance, 1882. entitled an Ordinance for the Regulation of Honourable members will remember that early Vehicles. Honourable members will see that 1898 was passed authorising an
the year 1898 Ordinance No. 6 of the object of this Bill is to lay down the rule. excess note of the road in this colony. Section 3 provides ing Corporation. On the Ordinance being section 4 provides for the ordinary rule of issue by the Hongkong and Shanghai Bank for the ordinary rule of the road for vehicles;
conclusion that it was incomplete in two respects, 5 deals with the carrying of lights. It may sent home the Secretary of State came to the the road for a passing vehicle; and section which are mentioned in the objects and be noted with regard to section 5 that reasons at the foot of the Bill, namely:-
this legislation applies to private vehicles as (1) That it does not embody the arrangement well as to public vehicles, and I think that to the security for its ordinary note issue, and with me when I say it is equally necessary that which was made with the Bank in 1889 with regard honourable members of the Council will agree (2.) That it does not provide with sufficient clear-private vehicles should carry lights as well as of the excess note issue is to be under the custody ness that the deposit which is required in respect of the Colonial Secretary and the Colonial Treasurer and not under that of the Bank." beg to move the second reading of the Bill. The ACTING COLONIAL SECRETARY seconded and the motion was carried.
THE LAW RELATING TO PRISONS. The ACTING ATTORNEY-GENERAL--I beg leave to move the first reading of a Bill entitled an Ordinance to amend and consolidate the law relating to Prisons. As I shall have at the next meeting of the Council to more some amendments in committee, and as it is very de
consider the Bill clause by clause. No altera-person shall by negligence or wilful mito sirable that the new rules and regula- the Bill was read a third time and passed, on horse, cattle, or goods conveyed in any vehicles.
tions under this Bill should be passed very shortly, I propose to indicate to honourable members the amendments which I shall have to move in committee. In the last line of section 4 "The Ordinance " ought to read "This Ord- inance," and in clause 5 it seems to me, subject to the opinion of honourable members, that the words “appointed thereto under the provisions of this Ordinance," words which are in section 4 of Ordinance 18 of 1885, are superfluous. Then in clause 13 instead of "the regulations of a prison" I think the words "prisou rules or regulations" would be appropriate, and in line 4 of clause 13 I think "rules" instead of “re- gulations" would be the proper word to use, or rules or regulations." With regard to clause 17 of the Bill, that is a clause which honourable members will have to consider very carefully. It has been copied verbatim from section 16 of Ordinance 18 of 1885. It seems to me that the alause is unnecessary, that it has no real signi- floance, and may be liable to misconstruction, and I think that at the next meeting of the Council honourable members will have to consider whether clause 17 cannot be taken out of the Bill altogether. In clause 18 of the Bill instead of saying "Every warder or other subordinate prison officer" it
Every prison of old be sufficient to say
•" and strike out the words Warder or" in line 3 of that alause. I think these are all the amend. ments so far as T
The Council then went into committee to
tions were made, and on the Council resuming,
the motion of the ACTING ATTORNEY-GENERAL, seconded by the AcTING ('OLONIAL SECRETARY.
THE PUBLIC BUILDINGS ORDINANCE, Un, the motion of the ACTING ATTORNEY GENERAL, seconded by the ACTING COLONIAL SECRETARY, the second reading of the Bill entitled an Ordinance to amend Ordinance 8 of 1870 (Public Buildings)[was passed.
Bill, I propose to move in committee an amend. public vehicles. With regard to clause 6 of the ment in line one, inserting the word "pusher between the words drawer 37 and "rider.” clause 5, which speaks of a person “driving, That will make clause 6 in conformity with
members will see that clause 6 provides that drawing, pushing, riding," etc. Honourable
haviour cause any hurt or damage to any person, passing or being upon any street or road, or if the vehicle be drawn by a horse or other animal shall negligently or wilfully be at such distance from such vehicle or in such a situation whilst it shall be passing upon such street or road that he cannot have the direction and go- vernment of the horse or animal drawing the same, or shall leave any vehicle drawn by a horse or other animal unattended in any street. or road or at any place of public resort or en- tertainment, whether such vehicle shall be hired or not, or shall leave any vehicle on such street or road so as to obstruct the passage thereof.” Clause 7 gives power to the Governor in Connoil to make bye-laws. In clause 8 I propose to make an amendment in line 4 by substituting THE RESERVATION OF BUNG WONG TỔI. ⠀
for the word "person" the words “ any member The ACTING ATTORNEY-GENERALI beg of the police force." I think honourable mem- leave to move the second reading of the Bill bers will probably agree that it would be unde entitled an Ordinance to provide for the reser-sirable to give to any person, whoever he might vation of certain land at British Kowloon known as Sung Wong Toi or Sung Wong Tong. As honourable members will see from the statement of the objects and reasons at tached to the Bill, the object of this Bill is to preserve in perpetuity a very interest ing monument at British Kowloon. It is a
consider the Bill olause by clause and no altera- The Council then went into committee to
tions being made, on the Council resuming the Bill was read third time and passed, on the motion of the ACTING Attorney-GenEBAL seconded by the ACTING. COLONIAL SECRE.
TARY.
very celebrated rock with historic in-
scription upon it. I beg to move the second reading of the Bill.
The ACTING COLONIAL SECRETARY second
to move in comme which I propose ed, and the motion was carried.
next meeting of the Council and I hope that in the meantime bonourable members will consider the points I have indicated. There is another point which the Colonial Secretary reminds me of. Section 19 refers to making rules as to the remis sion of a portion of the sentence passed upon
The Conncil then went into committee to consider the Bill clause by clause, and no altera- tions being made, on the Connoil resuming the Bill was read a third time and passed, on the motion of the ACTING ATTORNEY-GENERAL, seconded of the ACTINg Colonial SxCEE- TABY.
7.
be, the power of arresting any other person with or without warrant. With regard to the latter part of clanse 8, that is taken from the High- ways Act at home, which enables the Police Magistrate if a person refuses to disclose his name " to proceed against him by a description of his person and the offence only without adding any name or designation." In clause 9 the bill provides a penalty for a breach of the
Ordinance or any bye-7, de under it. T
beg to move the second
of the Bill-m The ACTING COLONIAL SECRETARY seconded, and the motion was carried.
The Council then went into committee to consider the Bill clause by clause,
When they came to clause 6 the HARBOUR MASTER suggested that the words "if the vehicle be drawn by a horse or other inimil" and the words “the horse or animal drawing “
f