474
marginal note to No. 43, is hereby struck out, and the marginal note to No. 44 is also hereby struck out and the following substituted there for, viz. "Opening drains for inspection, etc." The ATTORNEY-GENERAL seconded and the motion was carried.
THE REGULATION OF THE POLICE FORCE.
The COLONIAL SECRETARY seconded and the motion was carried.
to
THE BANKRUPTCY ORDINANCE.
THE HONGKONG WEEKLY PRESS AND
[December 15, 1900. to afford some protection to the creditors
The CHAIRMAN said the Governor recom- of such firms. But, if the mere fact that mended the Council to vote the sum of $2,200 in * one of the partners is a Chinese subject who has aid of the following votes in the Sanitary De- never been in this colony can be alleged as a partment:-Electric Lighting of Central Mar- sufficient reason to oust the Bankruptcy jurisdic-ket, $1,300. Incidental Expenses, $900. Total, tion of the Court as against such a firm, the | $2,200.
a second time.
¿
The COLONIAL SECRETARY *econded, and the motion was carried.
NATURALISATION.
The vote was agreed to.
The CHAIRMAN said the Governor recom- mended the Council to vote a sum of $350 for the purchase of a boat, one iron safe and office furni- ture for the Harbour Master's Station at Sai Kung. This was a new station that had just boen opened, and the sum mentioned was thought necessary by the Harbour Master to properly | equip it.
The vote was agreed to.
The CHAIRMAN next intimated that the Governor recommended the Council to vote a sum of $620 for the construction of an Armoury for the Police. The Captain Superintendent of Police had reported there was no room for the storage of the new carbines recently served out, and recommended that the coach-house and stable attached to the station, which were now lying unused, should be turned into an armoury. An official of the Public Works Department and Armoury Sergeant Blair had inquired into the matter and were of opinion that it could be carried out at small cost.
DIRECTOR OF PUBLIC WORKS-May I ask if that work has been started? If not, I am afraid it cannot be done this year, and it seems to me unnecessary to vote money that will have to be voted again.
effect will be most prejudicial to the business The vote was agreed to. The ATTORNEY-GENERAL proposed the first enterprise of the colony. It does not appear
The CHAIRMan said the Governor recom. reading of a Bill entitled An Ördinance to con- to me at all probable that the Chinese Governmended the Council to vote a sum of $1,000 to solidate and amend the Law for the establishment would be offended because a Chinese cover the cost of New Territory Public Works ment and regulation of the Police Force of the subject who chose to become a partner in a Miscellaneous. colony.
Hongkong business which could not meet its liabilities was declared by a Hongkong Court to be bankrupt. Nor do I apprehend that a Chinaman so declared a bankrupt would be The ATTORNEY-GENERAL proposed the first greatly injured or inconvenienced by such reading of a Bill submitted to the Government adjudication so long as he remained out of by the Chamber of Commerce entitled An Or- the jurisdiction of the Hongkong Court dinance to further amend the Bankruptcy Or- and had no property in the colony. If dinance, 1891. He said-I should like to make this is so, the balance of convenience may be a few remarks on this Bill, although in ordinary in favour of the local Legislature conferring cases the full explanation of a measure upon the Court the power desired by the Cham submitted to the Council is usually reserved ber of Commerce. In the English case which for the second reading. This Bill was only sent I have cited, leave was given to appeal to the to me a few days ago. I have not, at present, House of Lords, but I do not know whether had time to give it the full consideration which the matter has yet come before that august tri- it deserves. It is usual to publish a Bill in the bunal. For my own part, I cannot see why a Government Gazette after it has been read a foreigner should participate in the profits of a first time, and I was anxious not to delay the business carried on in Hongkong, and yet if first reading and consequent publication of this his firm becomes insolvent should be able to proposed Ordinance, especially having regard claim immunity from the provisions of the
the influential body from whence it laws of the colony relating to insolvency. How-❘ originated. It appears to me that the publica-ever, I trust that the matter will be fully con- tion of the Bill will enable both the legal aidered in all its bearings before this Bill is read profession and the mercantile community to consider it with care and to give expression to their views upon the subject before the Bill is read a second time in this Council. As I understand the law, although a receiving order may be made in England against a firm, the subsequent adjudication of bankruptcy has to be made against the partners individually, and not against the firm, in the firm name. have been informed that in this colony adjudi- cations have been made against the firm, and I observe that section 78 of the Bankruptcy Ordin ance, No. 20 of 1891, enacts that when proceed ings are taken against a firm in the firm's name all nominal and dormant partners shall be included in the adjudication, and all their joint estate and the separate estate of each of them shall vest in the Trustee. Now, where all the partners are domiciled in the colony, or within a yearing of a Bill entitled' An Ordinance to make before the date of the presentation of the petition have ordinarily resided, or had a dwell- ing house, or place of business in the colony, no difficulty need arise. Where, however, some of the partners are not British subjects at all, nor domiciled in the colony, but are foreigners who have never been in this colony, questions may arise as to the propriety of legislation which will have the effect of enabling the Supreme Court of this colony, by declaring them bankrupt, to alter the status of foreigners who are not subject to our jurisdiction. Re- ferring to this point in the case of In re A. R. and Co., in the English Court of Appeal, last February, Lord Justice Lindley in delivering judgment used this language: "If Parliament had conferred this power in express words then of course the Court would be bound to exercise
it. But the decisions go to this extent and rightly, I think, in principle, that unless Parlia- ment has conferred upon the Court that power in language which is unmistakable, the Court is not to assume that Parliament intended to do that which might so seriously affect foreigners who are not resident here and might give offefice to foreign Governments. Unless Parliament has used such plain terms as show that they really intended us to do that, we ought not to do it; that is the principle that underlies the deci sions in Ex-parte Blain and in In re Pearson." What I understand the Chamber of Commerce to desire is that the local Legislature should confer in plain terms the power of adjudicating bankrupt firms carrying on business in this colony even where some or all of the partners are neither British subjects nor domiciled in the colony. No doubt the circumstances of Hongkong are exceptional. I suppose at least 19 out of every 20 firms in the colony are Chinese, and the members of this Council must be aware of the custom the Chinese have of carrying on business under some style or firm-name selected by themselves, which, however, gives no indica... tion as to who the partners really are. For years past the Bankruptcy Law has been supposed
The ATTORNEY-GENERAL proposed the first reading of a Bill entitled an Ordinance for the naturalisation of Chan Ping Hung alias Chan Shek Shan.
The COLONIAL SECRETARY seconded, and the motion was carried.
THE ARMS AND AMMUNITION ORDINANCE.
The ATTORNEY-GENERAL proposed the first reading of a Bill entitled an Ordinance to amend the Arms and Ammunition Ordinance, 1900.
The COLONIAL SECRETARY seconded, and the motion was carried.
THE STATUTE LAWS OF THE COLONY. The ATTORNEY-GENERAL proposed the read-
provision for the Preparation and Publication of a New Revised Edition of the Statute Laws of the colony. He said-I may say that the Chief Justice, Sir John Carrington, has kindly undertaken this very arduous work. It will be a great boon to the colony to get a new and revised edition of the Statute Laws, as so many of the Ordinances have been altered and amended since the last edition came out.
The COLONIAL SECRETARY Seconded, and the motion was carried.
The Council then adjourned until Monday
next.
MEETING OF THE FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Conncil meeting, the Colonial Secretary presiding.
The CHAIRMAN said the first minute he had to bring before the committee was one in which the Governor recommended the Council to vote a sum of $686.25 to cover the cost of certain sundry utensils, &c., required for the Govern- ment vessel Stanley. This sum had been found necessary in order to complete the equipment of this vessel.
The vote was agreed to.
The CHAIRMAN said the next minute was one in which the Governor recommended the Council to vote a sum of $600 to cover the cost of repairing the boiler and machinery of the disinfecting engine. It had been found that these repairs were necessary, and this was the sum required to have them carried out.
The vote was agreed to.
The CHAIRMAN said the next minute was one in which the Governor recommended the Council to vote a sum of $6,500 in aid of the following votes:-Public Works, Annually Recurrent Expenditure. Maintenance of Sewers, $2,000. Maintenance of Waterworks, City and Hill District, $4,500. Total, $6.500.
The vote was agreed to.
|
CHAIRMAN-There is no harm in taking a vote now. The money can be re-voted.
Agreed to.
tha
The CHAIRMAN next intimated that the Gor- ernor recommended the Council to vote a sum of $800 to cover the cost of repairing the Government Marine Surveyor's launch Hilda. This vessel had been surveyed, and it was esti- mated that it required this sum to put it into a proper state of repair.
The vote was agreed to.
The CHAIRMAN said that the Governor re- commended the Council to vote a sum of $600 in aid of the vote" Watering Streets," Sanitary Department. It would be remembered that a meeting was held a short time ago at which a vote for the watering of the streets had been brought forward and approved by the Council. The sum then agreed to had been found in sufficient, and they were now asked to vote this extra sum.
The vote was agreed to.
The Chairman intimated that the Governor recommended the Council to vote a sum of $215 to defray the cost of purchasing a new typewriter for the use of the Attorney-General's office. The Attorney-General had pointed ont that the present typewriter was in a very bad state of repair, as a consequence of which the work of the office had been considerably ham- pered.
The ATTORNEY-GENERAL remarked that his
present typewriter was a second-hand one. (Laughter.)
The vote was agreed to.
Lastly, the CHAIRMAN said that the Governor recommended the Council to vote a sum of $2,500 in aid of the vote "Contribution towards Defence Works." The reason for the vote now brought forward was that there was a slight error in the last account from the military authorities, and it was necessary that this addi tional sum should be paid to them to adjust the account.
Agreed to.
This was all the business.
The N.-C. Daily News of the 7th inst. in a leading article strongly advocates the soon- version of the Yangkingpang, "this open sewer between the British and French Settlements,' into a closed sewer, and the creation of splendid boulevard lined with trees in place of the two sordid streets that now exist on its banks. The total cost, our contemporary un- derstands, is estimated at Tis. 100,000, of which the French Municipal Council, although their interests are so much smaller than the Britisa, are willing to contribute one-half.