April 7, 1900.]
A PUBLIO DANGER,
CHINA OVERLAND 1. ADE REPORT.
is a Police-station a few yards off, but the police duty of inspection would only com- mence at a possible inquest. It is presum- ably someone's responsibility to see to this, and that immediately. We have pointed out the danger and called attention to the report at inquest of 1894. The Public Works Department will earn the gratitude of the community, if, at the cost of a few hours taken from their many duties, they guard against the possibility of another verdict, which on this occasion might strive to bring home to them the responsibility for lives lost.
HONGKONG LEGISLATIVE
COUNCIL.
205
Police to the Governor-in-Conncil threw the onus upon the Governor as to whether the appeal should be granted or not. it was not possible to describe the armis pr ammunition in the license.
The Hon. T. H. WHITEHEAD asked whether
His EXCELLENCY the GoverNOE—I should
say so. It is done every day in Ireland.
The ACTING COLONIAL SECRETARY-Has the hon. member considered the definition of the expression "arms. He will see it in cludes cannon, gun, pistol, revolver, etc. Would he give a Chinaman permission to carry any arms he likes from a 9.2 gan for instance down to a revolver?
The Hon. T. H. WHITEHEAD-No, certainly not (laughter).
In connection with clause 10, which read :-
Any person carrying or having in his possession or reasonably suspected of carry- On the 29th ult. a meeting of the Hongkonging in his possession any arms or ammunition Legislative Council was held in the Council in contravention of this Ordinance may be Chamber at the Government Offices, there arrested without a warrant by any Police Officer being present :-
or Constable, and shall be conveyed as soon as mag be before a Magistrate to the dealt with accord- ing to law," the Hon. T. H. WHITEHEAD said the Chamber of Commerce suggested that some provision might be made with regard to persons who were searched at the police-station, who, having no arms on them, should forthwith be
His EXCELLENCY the GOVERNOR (Sir Henry Blake, G.C.M.G.).
C.M.G. (Commanding the Troops),
His EXCELLENCY Major-General GASCOIGNE
Hon. F. H. MAY, C.M.G. (Acting Colonial Secretary).
Hon. W. MEIGH GOODMAN (Attorney-Gen-released. eral).
Hon. A. M. THOMSON (Colonial Treasurer). Hon. R. D. ORMSBY (Director of Public Works).
Hon. A. W. BREWIN. Hon. H. C. NICOLLE.
Hon. C. P. CHATER, C.M.G. Hon. Dr. Ho KAI.
Hon. T. H. WHITEHHAD. Hon. WEI A YUK.
The ACTING COLONIAL SECRETARY-If the Police arrest a man and find that he has no arms they will not take him before a magistrate because they will have no charge.
The Hon. T. H. WHITEHEAD-A man might be arrested on suspicion without having to be taken before a magistrate, although the section says he shall be taken before a magistrate,
The ATTORNEY-GENERAL quoted the Ordin ance of 1895, which read that a man suspected
Mr. R. F. JOHNSTON (Acting Clerk of Coun.might be arrested on a warrant and taken before cils.)
MINUTES.
The first item for consideration was the minute from the Governor recommending the vote of $26,189 to defray during the current year the increases in salaries of Government Officials sanctioned in the Secretary of State's Despatch No. 280 of 8th December, 1899.
(Daily Press, 6th April.) Many of our readers will remember the fatal landslip that occurred in January, 1894, ou Caine Road, immediately below the Seymour Road and above the number two tank. That landship, which, as the In- quiry proved, might have been averted by the exercise of a little foresight, resulted in the deaths of eight workmen. At the same inquiry the executive engineer of the Public Works Department deposed that the fall was partly due to bad weather and to exca- vation, and that "if there was any danger to the public at large it would be his duty to The verdict of th› Jury Bee to the matter.' at that Inquiry was as follows:-
"We are "of opinion that death was caused by the slipping of the earth; that, in this par- "ticular case, no blame attaches to the "Public Works Department; and that in "future such work as this might be carried on under the supervision of the Public "Works Department, if practicable." We recall this tragedy because, unless a benign Providence interfores, and that right spee- dily, it may be repeated on exactly the same spot, with probably still more disastrous. results. The officials of the Public Works Department are a busy body; and it is con conceivable that their time may be fully occupied in more responsible and higher technical employment than seeking for tot- tering walls. After n lapse of years the un- professional opinion of a coroner's jury may naturally be forgotten in the oblivion of the departmental pigeon- hole. And it may be also argued that if such a wall appears perpendicular in the plans of the Chinese contractor the duty of the Public Works Department is ful- filed if that wall be perpendicular when com- pleted. Such officials cannot be expected to measure roughly the amount of earth the wall has to support, the depth of its founda- tions (if any), or its erection in the wet sea- Bon when the cement cannot setThose trivialities, at an inquest, for instance, might be briefly relegated to the sphere of some one else's responsibility, the contractor's The ACTING COLONIAL SECRETARY-I beg or the earth-coolie's. But the verdict at theto lay on the table Finance Minute No 13 and last Inquiry-it is perhaps unkind to suggest to move that it be referred to the Finance by this the possibility of another was Committee. inferentially to the effect that the Public Works Department, if not otherwise pre- cluded, might keep an eye on the successor
The Hon. C. P. CHATER-In the absence of to this disastrous wall, so that no more lives
the Hon. T. H. Whitehead, I beg to ask the might be lost if it should be pleased to fall.
following question:-" Will the Honourable the Recently, in consequence of building Registrar-General inform the Council whether operations of some description, two stone it is a fact that the occupants of disorderly walls on the same tatal spot, have been houses who had been moved out of houses in erected to support a very heavy embank- the central districts and gone into houses to the ment. They are quite new, as the mortar west thereof are again being moved, and if so is scarcely set, and the weight of earth and whether the movements have been or are being the recent heavy rains have cracked the effected by virtue of orders made by the Magis- side of one right across, and caused the other trate or by the summary actions of the Police ?" The ACTING COLONIAL SECRETARY In to bulge threatening y over the public road-reply I beg to state: The houses to the east way. It needs not a professional eye to of Whitty Street are being moved, and the detect that the two heavy structures occupy movements are being effected by virtue of or- a position somewhat analagous to the ders issued by the Acting Registrar-General." mythical tomb of MAHOMET suspended in BILL TO AMEND THE ARMS ORDINANCE, mid-air, and we shall not be surprised if the next shower of rain does not bring them to the ground, it may be on the top of an unfortunate pedestrian. In this case. though built by a Chinese contractor, the walls are "a danger to the public," and we are surprised that they have oscaped the keen official eye, which in other matters relating to building construction is remarkably intru- sive. True, there isn workshop of the Water Authority immediately below the side
he side of the rond opposite to the wall, but cannot see through the road their “ vision, like SAM WELLEK'S, “is limited." There
·
$18
they
REPORT OF FINANCE COMMITTEE.
The ACTING COLONIAL SECRETARY-I beg to bring up the report of the Finance Com- mittee No. 4, and to move its adoption.
The COLONIAL TREASURER seconded and it
FINANCE MINUTE.
was carried.
The COLONIAL TREASURER seconded and it was agreed,
DISORDERLY HOUSES.
On the motion of the ATTORNEY-GENERAL the Council went into committee to consider the Bill entitled An Ordinance to Amend and Con- solidate the Lay relating to the Carriage and Possession of Arms and Ammunition.
The Hon. T. H. WHITEHEAD raised several points in connection with clause 4, concerning the granting of licenses. He thought that in
a magistrate. There had been no difficulty concerning that clause in the past five years, and he did not suppose there would be in the future.
His EXCELLENCY the GOVERNOR-The hon. member is quite right in this matter. There is in the new and the old Ordinances. The old a difference between the wording of the clauses
Ordinance says a man may be arrested, and Under this Ordinance I do not think any police. this new Ordinance says he shall be taken.
man would be justified in releasing a man with out taking him before a magistrate.
The Hon. T. H. WHITEHEAD-It seems to me the policeman would have no option in the matter.
His EXCELLENCY the GOVERNOR I think you are quite right.
The ATTORNEY-GENERAL You may alter the word "shall.”
HIS EXCELLENCY the GOVERNOR-There is one thing, however, to be considered. Is it advisable to give any police-constable, whether he be European, Sikh, or Chinaman, power to go up to a man, seize him and search him and then let the man go without taking him before a magistrate? Would you not make it incumbent upon the constable that, instead of walking off, he should, after submitting him to the indignity of being searched, take the man before a magis- trate. I think it is worth considering. It makes the constable more careful.
The Hon. T. H, WHITEHEAD-They might arrest a man on Saturday and would have no alternative but to keep him in gaol until Mon- day, before he can see a magistrate, and the man may be perfectly innocent.
His EXCELLENOY the GOVERNOR You may
make a proviso giving such power, to the Super-
intendent of Police.
The ACTING C
COLONIAL SECRETARY—The Police have power in such a case to grant bail. I have never known o
of any complaint, The words are a formula used in many Ordinances.
His EXCELLENCY the GOVERNOR-I do not think the Police ought to have the power of searching a man without taking him before someone. The man should be properly discharg-
case of his refusing to grant a license thee of vexation tą some people, who may
His EXCELLENCY the GOVERNOE said he
You may possibly open the door to a great Captain-Superintendent of Police should be ob
not be in the position to bring forward things. liged to give his reasons for such refusal.
I think the Hon. Mr. Whitehead's. point thought it was not desirable that the Captain is a very fair one. A man arrested on Sun. Superintendent of Police should give his day may not find a Magistrate, but I think reasons for refusal. The right of appeal from | is met by the inserting of a proviso in such a the decision of the Captain Superintendent of oase, if nothing be found on a person, to allow