330
THE HONGKONG WÉÈKLÝ PRESS AND
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protection. This Ordinance recognises that to carry arms about your person, to wear a fact, but how are these people to get arms sword, to have a revolver in your belt, to carry and ammunition? Hongkong is and always a sword cans habitually ready for use, but the has been the place where the Honest men have word has actually been applied-I believe got their arms and ammunition, and to interfere | there is only one decision to the contrary-to a with or place any serious restraint upon their coolie who is carrying arms in a box. If I send ability to get the necessary arms and ammuni. down a servant of mine with a revolver to tion for their own defence for the sake of pre- Schmidt's to get it repaired he is carrying arms, venting thieves and robbers getting arms, seems he is in possession of arms, and yet in the or- to me would be very foolish indeed. The dinary sense he is only conveying them. I submit pirates and thieves will get arms in spite of to this honourable Council that some provision everything we can do in this colony, because they ought to be made in this Ordinance which will get them in Macao, where the trade will give a more definite meaning to the and I think it may in arms is practically unrestricted. If the words "carry arms,' enforcement of the provisions of this Bill, be necessary to introduce some other phrase.
Sir, my clients or even of more stringent provisions, would Now,
most strongly prevent the pirates and thieves on the mainland object to the power of granting licenses getting arms well and good, let them be enforced, being vested in the Captain Superintendent but they could have no possible result so far as pre- of Police. He is so directly concerned in the venting these people from getting supplies of arms preservation of peace and good order in this and ammunition. If they do not get them from colony that it may be assumed to be to his in. here they will get them from elsewhere, and the terest to limit the trade in arms, to limit the only possible result will be to drive a valuable carrying of arms, in every possible way, and no trade from this colony. As I said before, if the matter how impartial he may try to be, he will pirates and thieves get their arms here, on the at all times have a strong feeling which will other hand the Chinese Government and the always disincline him from granting in the or- honest people who are fighting against these dinary course licenses to carry arms or to deal thieves and pirates are also assisted, and assisted in arms. The grauting of liceuses to carry arms very largely, by being able to get their arms should, we submit, remain in the hands of His and ammunition from Hongkong. Then pro- Excellency the Governor. The Governor will vision is made in this Bill for increasing the as a rule act not of his own personal knowledge | license fee, which is to be raised from $10 to but under advice. That advice will probably $1,200. I
it suppose may be assumed, from the be in most cases the advice of the Captain statement made by the learned Acting Attorney. Superintendent of Police, but there is a very General when introducing the Bill, that the great difference between the Captain Superin- tendent of Police acting without consulting object of this increase is not to raise re- venue. Whether that is the object of the anybody and entirely on his own authority, and Government or not the Chinese will certainly His Excellency the Governor, with the full understand it as such. It will be looked upon sense of his responsibility upon him, exercising simply as an additional squeeze. The result of his judgment and discretion on any report this large increase will be to kill a number made to him by the Captain Superintendent of small traders, to kill specially the more re- of Police. Clause 5 says:-" No person, who has spectable of these small traders in arms, who not a license from the Captaia Superintendent can not afford, their trade being in itself of Police for the purpose, shall either carry any so small, to pay such a fee as the one proposed. arms or ammunition or have any arms or am- Lane and Crawford, from whom most of us munition in his possession in this colony," ex- when we stand in need of arms and ammunition cept to certain privileged persons. Now there buy, say distinctly that they will cease to carry again I submit considerable confusion may arise. on the business if this Bill passes, as they can- It wants definition. The words carry arms not afford to pay the fee; it is not worth their should be applied in their proper meaning while. If this Bill passes, with the extra of carrying arms on the person. The question A ordinary restriction upon the transaction of basi- of possession is a totally different one. ness, the greater portion of the respectable Ger. man may be fairly anthorised to have arms in man and other firms in the colony will give up his possession, such arms as I indicated-old the trade. It will not only be an injury to the weapons, matoblock guns, a bundle of spears colony if they give up the trade, but the tradp from the South Seas, Malay krises or swords- will pass into the hands of those who are and have them exhibited on the walls of his utterly reckless, who will smuggle and specu- house. But if this Bill passes no person except late and sell their arms to whomsoever they a privileged person will be at liberty to have like. I submit that on these broad general any of these purely ornamental weapons. With principles, which I venture to submit to the reference to the classes of persons authorised to Council, this Bill should not be allowed to
carry arms, the only class I am instructed be converted into law. It contains numerous to call special attention to are the foreign officers, unnecessary restrictions upon a perfectly who are to carry weapons of ceremony only. lawful and legitimate trade, and the result As long as the meaning of the words "
restrictions will of: these
be to drive
arms is indefinite and the words are not that perfectly legitimate and lawful trade out confined to their proper meaning of carrying of the colony and into the hands of our trade arms on your person, no person belonging to opponents. With your Excellency's permis. any foreign man-of-war can go into Lane and sion I propose to take the clauses of the Bill Crawfords or any other firm and buy a revolver one by one and point out how they will bear and take it on board his ship without a license, unfairly on the traders in arms, and I will beg and the question will certainly arise, Is he Which also to point out what are or what seem to be im-carrying arms or exporting arms? perfections in the Bill and what are the amend-license is he to obtain? I am instructed that a ments necessary to the successful working of the considerable business is done in the colony with French and German officers coming into the Bill if it passes. In the first place I venture to point out that there is no definition of ammuui-port and purchasing arms for sporting require tion, and that it is important in the interests meats, etc. They do not want them for use with. of traders that that word should be clearly in the colony but are in possession of them in defined, I would also venture to ask this honour- the colony. They carry them about with them able Council whether it is advisable or necessary in the streets of the colony and will be liable to to introduce and class as arms, swords, cutlasses, be stopped and searched by any police cons- spears, pikes, bayonets, and fighting irons. Many table-Chinese, European, or black man-who of these weapons are not used to any consider- comes across them, to see whether they carry able extent in modern warfare, and the result a revolver or a small dagger in their pocket, of their being included in this definition will and may be taken to the Police Station. A very be that if any member of this Council has an considerable business is dove by retail dealers in old matchlock or kris on his walls he will either this line, and if the word carry is not more clearly have to be a priviliged-person or obtain a defined, a foreign officer purchasing a revolver license. Now in reference to the definition will have to get out a license to possess it in the of possession." Any arms on the body of or colony, and another license to enable him to take in the custody or under the control of any it on board his ship. The exception to this person shall be deemed to be in his “possession,' clause bears ont exactly what I endeavoured to and in connection with that particular clause lay before this honourable Council in the Ieiwould ask attention to the meaning of first portion of my argument. It is pro- the word "carry."
"In the existing Ordinance vided "that this prohibition shall not apply so the word has led to considerable: difficulty. Į as to prevent the owner or master of any vessel In the ordinary sense to carry arms means from having on board such arms and ammuni-
SNO TU
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carry
眼看
or
B valid
December 30, 1899,
44
tion as are reasonably necessary for the pro- tection of such vessel, and provided that in the case of every junk or other Chinese vessel much arms and ammunition shall be described and enumerated in the license or clearance issued by the Harbour Master." It is just as necessary for the respectable Chinese in South Chita as things are to possess arms and ammunition for the protection of their houses and properties as it is for juuk owners. These juuks have no liceuse or permit from the Captain Juperin tendent of Police or the Governor. The simple fact that in the license or clearance issued by the Harbour Master the arms and ammunition on board shall be described and enumerated is suf- ficient under the provisions of this Ordinance. But how are they to get these weapons or am- munition ? They are not for use in the colony but for use out of the colony, and these people will have to get a licence from the Captain Superintendent of Police to enable them to go to a shop and get these arms and ammunition, and then they will have to get a permit for the purpose of exporting them or carrying them on board their junk and taking them out of the colony. I am afraid sufficient con. sideration has not been given to the praótiósł details of the working out of this Ordinance. No attempt has been made to provide for the many different classes of persons and the different classes of circumstances to which it will have to be applied. Then clause 6 says uo arms or ammunition shall be sold to any person for use within the colony unless the purchaser presents at or before the time of purchase
license either to carry to have in his possession such arms (or ammunition." That is all very well to apply to residents, but how is it to be applied to persons passing through on board ship? Such a man who wants to purchase a revolver has to get a permit to have or to use in the colony," and he is not at liberty to take the revolver on board ship without an oxport license. Snoh restrictions will utterly destroy the trade. Residents here will have no difficulty whatever possibly if they want to purchase arms, but what is the position of a stranger coming into the colony ? He is practically un- known to everybody, and the Captain Superiu- tendent of Police will have it entirely at his discretion to grant or refuse the application. With reference to the question of export, there has been a great difficulty experienced which the amended Bill ought to provide for. There will be two authorities at work. Supposing an export license has been obtained from the Har. bour Master, notwithstanding this the man who may be taking the arms on board the vessel will be liable to be dropped upon by the Police and taken to the Police Station for carrying arms without a license. Clause 10 provides that the police may arrest any person on suspicion of carrying or having in his possession arms. I submit that a proper provision is that when a person is suspected of having arms he should be taken to the Central Police Station or the nearest Police Station where there is an in- spector, who should be authorised to ascertain whether the suspicion is well founded.---But if this section comes into operation any constable if he thinks fit can arrest a person whom he suspects of carrying arms, take him to the Police Station, and bring him before ́a Magistrate with as little delay as possible. Some provision ought to be made for the proper and reasonable and respectable search of the person suspected to ascertain whe. ther the suspicion is or is not well founded. Again, there is the strongest possible objectiou on the part of the dealers in arms to th Cap. tain Superintendent of Police having power to grant import licenses. I submit that the Cap- tain Superintendent of Police is not the proper person to have this power. He is strongly pre- judiced against any person bringing arms into the colony, good, bad, or indifferent. There✨ia a provision that in case of refusal by the Cap tain Superintendent of Police to grant license an appeal can be made to His Excellency the Governor. But assuming the clause” is passed in its present form and an appeal is allowed, it will be absolutely necessary for the purpose of dealing fairly with the persons appealing and enabling the Governor to exercise his appellate jurisdiction, that the Captain Superintendent of Police should be required when he refuser a license to any one to state in writing his ressous
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