294
estly, but what I felt was that human nature
is human nature, and that it was almost im- | possible for any man to judge both sides of a question when that man is engaged and has been engaged for some time on one side of that ques- tion. That was my own view; I may have been perfectly wrong. Haring looked over the pa- pers and much correspondence I shared the opinion of my Acting Colonial Secretary, who was, as I have said, a' barrister, that the Government were not liable and should not be beld liable, and I held furthermore that if the Government were liable then Mr. Belilios ought to be paid and that if they were not liable I would not pay him a fraction. That was the position I took up, and I declined to interfere in any way. I said if the court of law decides that the Government are ultimately liable for this money then the colony can pay the money; if the court of law does not de- oide in this way then we do not pay any; thing. The case went before the court, aud a jury of seven decided by a narrow majority of one that Mr. Belilios was not liable. There
is a phase of this question which I think it as well you should understand. At the meeting of the Finance Committee it looked as if the Colonial Secretary kuowing cer- tain circumstances was positively concealing them. A great part of the correspondence which had taken place, including a very strong recommendation from the Acting Attorney-Ge- neral that I should compromise this case, and my observations in answer to his minutes, I put by on a confidential file. It was not put with the other papers and was not seen by the Col. onial Secretary, who knew practically nothing at all about the matter. As you know he was engaged in the New Territory, and that will explain the fact that, not having had the papers before him, he had not seen this phase of the matter. But there is the case, Honourable members will see that so far as I am concerned I declined to pay anything we were not obliged by law to pay When the present Acting Chief Justice, Mr. Goodman, but who was then Attorney-General, came back in April. I put
the whole of the matter before him. He looked
re-
THE HONGKONG WEEKLY PRESS AND
West Saddle; the road from Castle Peak Bay to Ping Shan and Un Loong, and the road along the Pokfulam Conduit East End I fully concur in the words of General Black that roads are the precursors of civilisation and progress, and that they distinguish a rising from a barbarous state.”
[October 7, 1899.
In answer to Question 5 I beg to state that the Government is taking care of one of the sons of the deceased.
In reply to question 6, I beg to refer the Honourable Member to page 21 of the published correspondence for a frauslation of the Pro- clamation issued by His Excellency the Go- TAXING COSTS IN THE SUMMARY COURT. veruor, and I now lay upon the table a transla...“ The ACTING ATTORNEY GENERAL laid fion of the Proclamations issued by the Magis- on the table rules for taxing costs in the Sum-trate of the San On District and the Viceroy mary Court and proposed that they be approved of the Two Kwang Provinces. So far as can of to by the Council.
be ascertained the dates of posting the Pro- clamations were as follows →→→
The COLONIAL SECRETARY seconded, and the motion was carried. ·
QUESTIONS AND ANSWERS.
The Hou. T. H. WHITHEAD-I rise to ask the questions of which I have given notice.
The questons were as follow:-
Has the attention of the honourable the Colonial Secretary been directed to a leading article in the China Mail of Weduesday, August 9th, and will the honourable member inform the Council:-
(la.)-Is it the intention of the Government
to appoint a Commission to enquire into and report on the alleged laud jobbery in the colony's recently acquired territory, referred to in the sail article and widely and publicly spoken about?
()-Was the late Tung Cheong entrusted hy the Government on or about the 17th April List with certain Government proclamations to be conveyed into the New Territory to be posted and placarded in the various villages and
towns therein ?
(3.)—if so, under whose direction did the deceased undertake the mission without an armed escort ?
(4) Is it true that on the said mission at or near the village of Un Looug on 17th or 18th
April last the said Tung Cheong was foully and brutally murdered?
paid to the deceased's family?
(5.)-What remuneration, if any, has been
The Proclamation of the San On Magistrate was posted between the 27th and the 30th March the Proclamation of the Viceroy was posted about the 5th April; the Prociamation of His Excellency the Governor was posted between the 10th and 15th April.
The answer to Question 7 is, “I cannot say.” The DIRECTOR OF PUBLIC WORKS, replying, to the eighth question, said :—I have read the articles referred to and think there is foun- dation for the allegations. The powers possessed by my department are defined in the Ordinances 45 of 1889 and 25 of 1891. An officer of the department, assisted by an overseer, inspects building works in progress. The exceptional amount of such work in the colony at present makes au increase in the staff necessary if this work of supervision is to be thoroughly per formed. The matter is engaging the attention of the Government,
The Hou. T. H. WHITHEAD gave notice of bis intention to ask the following questions at the next meeting of the Council:-
1-With reference to the Honourable The Colonial Secretary's report, dated 8th October, 1898, on the extension of the colony, which under Expenditure raads :- The cost of ad
ministering the new territory is estimated at $125,00. The chief items are:-)
-Police $33,223, Surveyors $14,490. Miscellaneous $24.657, total $72.280. When the work of survey has been completed such a large staff of surveyors will be unnecessary, but it is important, as has been pointed out, that the land under cultivation should be surveyed as quickly as possible. Mis- cellauemus expenditure has been estimated at a high figure, as unforeseen expenses are sure to be large when the territory is first taken over," will the hon. member inform the Council how and upon what basis the said estimate was arrived at, and state whether the Hon. The Captain Superintendent of Police was satisfied that the said estimate of $33,223 per annum would be adequate to efficiently police the New Territory -seeing that in the statement of expenditure laid upon the table to-day the grand total of in connection with the New Territory for :898 expenditure amounts to no less than $346,629.17, of which the police expenditure, actual and estimated. for April to December, 1898 is $88.972,10?
(6.)~Will the Government lay upon the table a copy in English of the Proclamations issued by the Canton an the Colonial Governments revious to the 17th April last and posted and placarded in the villages and towns throughout the New Territory informing the people and the inhabitants as to the effect the change of Government would hare ou their lives, liberties. and possessions, and state the dates when such proclamations, if any, were posted and placarded? (7.)-What satisfaction, if any. Las been ob- tained from the Chinese Government for the assault by the Chinese on the Honourable the Captain Superintendent of Police before our New Territory was taken over. and in respect of the resistance by thousands of armed Chi- the area lensed by the Imperial Chinese Gov. nese to the British entering into possesssion of ernment to Great Britaiu per the Convention of June, 1898, the quelling of which resistance
2-Will the Honourable
Colonial resulted in considerable and lamentable loss of life and which forced upon the colony a substan- Secretary lay upon the table a statement tial amount of extra and avoidable expenditure ? showing the expenditure incurred by the Colonial Government in consequence of the (8.) Has the attention of the Honourable the Director of Public Works been directed to the rebellious disturbances and the armed Chinese China Mail's leading articles of 15th and 23rd opposition to British occupation of the Terri. August alleging the existence of jerry build-tory leased by the Imperial Chinese Govern- ings in Hongkong; will the Honourable Mem
inent per the June Convention of last year? beber inform the Council whether the said allega- tion is well founded; and if so, wilt he state what powers his Department possesses to pro has been taken by his Department in the mat. vent the erection of such buildings; what action ter; and if his powers are insufficient, is he taking any steps to get increased powers?
uol
I
closely into it and he said we might possibly succeed in the event of Ah Hok bringing a case against the Government, but in his opinion the Government would not succeed. Bat if we did succeed the position would be that a contractor who had honestly done what he was ordered to do, either by one of the Public Works em- ployees or the Assistant Director of Public Works, and had done it faithfully, would be placed in the position of not being able to cover either from the Government, or from Mr. Belilios, which would be a scaudal, and on the whole he strongly advised that the man should be paid. I ordered that he should be paid, and in doing that I was wrong. ought to have put the matter before you and asked for your vote. It did strike me at the time, and I am sorry it did not. That is the whole case so far as this matter is concerned at the present. think the advice given by the Acting At torney-General was sound advice, but I was in a peculiar position at the time, and, as I have said before, I felt that if Mr. Belilios had right to be paid he should paid in full-it was not a matter to higgle over-but that if he had not I did not feel justified in paying a pen y of public money natil the court of law had decided the point. On the question of bringing this matter before the Council I confess, as the honourable momber has pointed out, that the money ought not to have been paid before it not been brought before the Council, and I regret it very much (Hear, hear.) Does any honourable gentleman second, this amendment of the honourable Mr. Whitehead's?
a
I
No one seconded the amendment, and the motion was put and carried.
BEPORT OF THE PUBLIC WORKS COMMITTEE, The DIRECTOR OF PUBLIC WORKS laid on the table, the report of the Public Works Committee...
low-
The COLONIAL SECRETARY replied as fol. The answer to Question I is in the negative. In reply to Question la, I beg to refer the Honourable Member to paragraph 52 of the correspondence laid upon the table at the last meeting of Council.
The answer to Question 2 is that at the iu. stauce of the Colonial Secretary one of the gentry of the New Territory undertook to have copies of the Proclamation posted and be entrusted the duty of posting some of them to Taug Chueng.
In reply to Question 3 I beg to refer the Honourable Member to the answer to the last question.
The Hon. 1. H. WHITEHEAD-In connection with that report I may be allowed to earnestly hope that the Director of Public Works will not fail to proceed without delay with the constraction of the three roads, as they are
The answer to Question 4 is in the affirma- very much needed he there mentions thetive. The murderers have been convicted and road from the Upper Tram Station to High have suffered the extreme pensity of the law.
The
3.-Through whose omission or neglect was it that the Government were not sooner in- formed of the presence in and around Taipohu of 2/3000 armed Chinese with guns entrenched and in position which must have taken several. days' preparation, and what precautions, if any, were taken to find out the actual condition of the Chinese on the borders of and in the New Territory between Mirs Bay and Deep Bay before ordering luncheon for a large number of invited guests, effecting insurance on the. steamer Hankow for the trip to Mirs Bay which did not take place, and making elaborate arrangements for the opening ceremony at which it was proposed to hoist the British Flag at Taipohu on 17th April last, all which ar- rangements, after considerable expenditure was incurred thereon, had at the last moment to be abandoned ?
With reference to Financial Minute No. 12 in which the Governor recommends the
Council to vote a sum of $91,500 to cover the cost of three steam launches required by the Police in the waters of the New Territory, will The Honourable The Harbour Master inform
the Council:
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