March 24, 1900.j
HONGKONG LEGIBLATIVE
COUNCIL
On Thursday afternoon meeting of the Hongkong Legislative Council was held in the Council Chamber at the Government Offices, there being present:--
HIS EXCELLENCY the GOVERNOR (Sir HENRY BLAKE, G.C.M.G)
Hi EXCELLENCY Major-General GASCOIGNE, C.M.G. (Commanding the Troops).
The Hon. F. H. MAY. C.M.G. (ACTING Colonial Secretary).
Hon. W. MAIGH GOODMAN (Attorney-Gene. ral).
Hon. A. M. THOMSON (Colonial Treasurer). Hon. R. D. ORMSBY (Director of Publie Works).
Hon. A. W. BREWIN.
Hon. H. C. NICHOLLE.
Hon. C. P. CHATER, C.M.G.
Hon. Dr. Ho KAI.
Hon. T. H. WHITEHEAN.
Hou. E. R. BELILIOS, C.M.G. Hon, WEI A YUK.
Hon. J. J. KESWICK.
Mr. R. F. JOHNSTON (Acting Clock of Councils).
THE MON, T. H. WHITEHEAD'S PROTEST. The Hon, T. H. WHITEHEAD, pursuant to notice, laid on the table his protest in connection with the New Territories and Court Bill.
FINANCIAL,
The ACTING COLONIAL SECRETARY laid on the table Financial Minutes Nos. 10, 11, and 12, and proposed that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded and the motion was carried.
DISORDERLY HOUSES.
The Hon. T. H. WHITEHEAD gave notice of his intention to ask the following question at the next meeting of the Council:-Will the Honourable the Registrar General inform the Council whether it is a fact that the occupants of disorderly houses who liad been moved out of houses in the Ceutral districts and gone into houses to the West thereof are again being moved and if so whether the movements have been or are being effected by virtue of orders made by the Magistrate or by the summary actions of the Police.
THE CONDITION OF YEE WOO STREET. The Hon. T. H. WHITEHEAD had given notice of the following question:-Has the attention of the Honourable the Director of Public Works been directed to the dan gerous condition of Yee Woo Street at the corner of Mr. Kennedy's Horse Repository at Causeway Bay and alongside the site of the proposed new Laundry to be erected there, and to the fact that the south-east boundary stone of the latter lot projects some six inches ubore the level of the ground and has been placed well nigh in the middle of the road; and to the fact that on the south side a drain has been dag of considerable depth, without any protection; and will the Honourable member inform the Council why this state of matters is permitted to continue ?"
CHINA OVERLAND TRADE REPORT."
cellency then said that you did not see anything in the question about a copy of the lease, but that I could see a copy of the lease. I applied for a copy of the lease privately to the Clerk of Councils, and in reply I was referred to the Land Office, where I was told I could see a copy. I submit, sir, that it is scarcely fair treatment for a member of this Council to be asked to go to a department of Government should be laid on the table, I do not ask for when he desires that a copy of a public paper the lease in question for my own information or for my own personal use. I ask for it for the information of the Council generally. I submit that we have a right to a copy of the Crown lease in order that we may see whether the instructions of the Secretary of State have
The DIRECTOR OF PUBLIC WORKS replied asfollows:-The question seems to refer, not to Yee Wo Street, in which no tranch has been dug or boundary stone fired, but to an un- finished road now under constraction, leading to Tai Hang village. The trench, two feet in depth, was opened in order that a water-main might be extended, the extension being ren- dered necessary by the sale of land in the neighbourhood. The boundary stone is not in the middle of any road, but correctly marka the boundary of land sold some time ago. While a road is in an incomplete state,>the persons who elect to use it must necessarily suffer-some inconvenience."
been carried out.
The ACTING Colonial Secretary—I do not think the honourable member's recollection of what took place on the 15th February is quite accurate. It is true Your Excellency said there was no objection to his seeing the lease, and I suggested to the honourable member that he could see the loase at the Land Office. He does not appear to have done so, and since ho was informed to that effect a suit has been instituted in the Supreme Court hearing upon that lease, and it does not soom at all desirable now to lay on the table a document which is really the subject of litigation.
His EXCELLENCY the GOVERNOR-AS the Acting Colonial S-orotary has stated, this lease moment, and the honourable member will see is the subject of litigation at the present that to produce tuis lease here would be really invite the Legislative Council to undertake the executive work of the Colony, which, I think, is very undesirable. If there is anything im. proper in the lease the Court will set it right. If anything is before the Court the Court is the proper place to take it to. It does not seem to me to be desirable to lay it before the Council. As the Colonial Secretary has stated, a copy of the lease cau be scen at any time in the Land Office by anybody.
The Hon. T. H. WHITEHEAD-That being so, I do not see what should prevent you from laying a copy on the table. I believe it is within my right to go to the Laud Office, pay a fee and get a copy, but a member of the Council should not have to go there and follow such a
course.
His EXCELLENCY the GOVERNOR-Does the honourable gentleman wish to divide ?
The ACTING COLONIAL SECETARY—I wish to point out that the resolution has not been se conded.
THE NEW TERRITORIES LAND COURT BILL.
The ATTORNEY-GENERAL proposed the third reading of a Bill entitled an Ordinance to facil- itate the hearing, determination, and settlement of land claims in the New Territories, to es- tablish a Laud Court, and for other purposes.
The ACTING COLONIAL SECRETARY seconded. The Hon. T. H. WHITEHEAD-I beg to more as an amendment that the Bill be re-com- mitted. I have most carefully considered the re- marks made by the Attorney-General at the last meeting of the Council, and I have seen no reason whatever to change the views I then enter- tained. I have given in my protest my reasons for dissenting from the measure. Your Excel- lenoy's ruling at the last meeting in connection with the Bill is, I am afraid, scarcely correct, Since the last meeting I have studied carefully May's Parliamentary Practice, which shows-
His EXCELLENCY THE GOVERNOR-To what ruling do you refer?
The Hon. T. H, WHITEHEAD—When I moved that the Bill be recommitted and read a first time and translated into Chinese for the information of the Chinese.
His EXCELLENCY THE GOVERNOR-It has escaped my recollection. Perhaps the honour- able member will remind me.
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The ATTORNEY-GENERAL-There appears to be some misspprehension. The Bill was before Committee, and to move that a Bill be recommitted when it was before committee was out of the question.
His EXCELLENCY recollection is that the honourable member did THE GOVERNOR➡My make some observations on the lines of these which he has now made, but I do not think he did make a motion to the affect that the moved any amendment. At my suggestion he Council resume. That motion was put and lost, as I assume the other that the Connell adjourn would have been.
The Hon. T. H. WHITEHEAD-I said that as the Bill was an entirely new Bill in substance and principle I would move that it be recommitted and read a first time. Your Excellency ruled that I was out of order. I - have carefully studied May's Parliamentary Practices, and what I moved was in accordance
As no one seconded the honourable member's amendment it fell to the ground and the Bill was read a third time and passed.
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The council adjourned-until Thursday next.
MEETING OF THE FINANCE COMMITTEE.
A meeting of the Finance Committes was held immediately after the Council meeting, Acting Colonial Secretary presiding.
the
The CHAIRMAN announced that at the quest of the senior unofficial member the con- sideration of Finance Minute No. 9 had been postponed for a week. In Finance minute No. 10 the Governor recommended the Council to rote a sum of $50,000 in aid of the vote Taipo Road" (Public Works Extraordinary). The Director of Public Works could give members any information they desired with regard to this matter,
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The DIRECTOR OF PUBLIC WORKS, replying to the Hon. T. II. WHITEHead, said the road had been taken as far as Taiwai, which was about nine miles from Kowloon. areched Deep Water Bay. Two miles more It had not yet would bring it to a point where launches sould go olose up to the road at
any tide.
The vote was passed.
The CHAIRMAN said Finanos Minute No. 11 was:-The Governor recommends the Council to vote a sum of $1,050 for the maintenance of roads in New Territory. This sum was re- quired to keep Taipo Road in repair, a portion of which, over seven miles in length, had been made.
The vote was passed.
The CHAIRMAN said Finance Minute No. 12 read :---The Governor recommends the Council to rote a sum of $3,380 in aid of the follow- ing votes in the Sanitary Department:-Salary for 2 Inspectors at $100 per mensem each for 91 months, $1,900 Rent Allowance for same at $30 per mensem each for 9 months, $570; Ap. proximate Incidental Conveyance Expenses, 320 Uniforms for Inspectors, $210; Salary for ons additional Clerk at $40 a month for 91 months, $380; Total, $3.380,
The Chairman added that this was to defray the cost of one or two extra inspectors and an additional olerk, which was the additional staff asked for at the end of last year by a unanimous resolution of the Sanitary Board.
The vote was passed. This was all the business.
THE NEW TERRITORIES LAND COURT BILL.
THE HON. T. HI, WHITEHEAD'S PROTEST.
The following is a copy of the protest laid before the Legislative Council by the Hon. T. H. Whitehead
1. Whereas at the meeting of the Council held on March 15th, 1900, the Attorney General moved that the Council go into Committee to consider olause by clause a Bill entitled-
"An Ordinance to facilitate the hearing, determination and settlement of land olaims in the New Territories, to establish a Land Court and for other purposes,'
2. And whereas I opposed the said motion on THE SHELL COLLECTING CAZES,
the grounds that the said Bill was a totally The, Hon. T. H. WHITEHEAD-I rise to more
differont Bill from that read a second time on the resolution standing in my name, which
the 30th November last, and I submitted that rans as follows:-" That the Honourable the
it should be treated as a new Bill, re-introduced, Colonial Becretary lay ppon the table a copy of
read a first time and published in the Gazette, the Crown Lenses granted last antumu to the
and whereas the majority of the Council was e Los Hing Company for the dredging and colleet.
another opinion, and the Council went; inte ing of shells in and around Ping Chau Island
Committee, and whereas in Committee I moved in the New Territory, asked for in my question | with it.
that the consideration of the Bill in Commitius of 15th February last." On the 15th of last The ACTING COLONIAL SECRETARY-My 1 be adjourned to allow the important alterations month in this Council I asked for the produc-recollection is that the honourable member in the Bill to be considered by Honourable tion of the Crown lease in question. Your Ex- moved that the Council adjourn.
Members, and whereas the majority of 1