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February 9, 1901.]
Superior Courts, and also certain enactments of the same Act for the amendment and declara- tion of the law. It is thought that the passing of a new Code of Civil Procedure affords a favourable opportunity for enacting these valu- able provisions of law. It is proposed that the Bill when passed shall come into operation con- currently with the new Code of Civil Procedure. The COLONIAL SECRETARY seconded, and the motion was carried.
On the motion of the ATTORNEY-GENERAL seconded by the COLONIAL SECRETARY, the Bill was referred to the Law Committee.
THE CODE OF CIVIL PROCEDURE.
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This was all the business.
117
HONGKONG SANITARY BOARD.
meeting of the Hongkong Sanitary Board On Wednesday afternoon, the 6th inst., a
Ormsby, Director of Public Works) occupi- was hold. The President (the Hon. R. D.. cd the chair, and there were also present the Vice-President, Hon. F. H. May, C.M.G. (Captain Superintendent of Police), Dr. Bell (Acting Principal Civil Medical Officer), Lieut.- Col. Hughes, R.A.M.C., Dr. Hartigan, Mr. E. Health), Mr. Chan A Fook, and Mr. G. A. Osborne, Dr. F. Clark (Medical Officer of Woodcock (Secretary).
A NUISANCE DOWN WEST.
CHINA OVERLAND TRADE REPORT. now before the Council, while basing their work upon the Hongkong Code of 1873, have, accord- | re-vote the sum of $5,329.82 to cover the cost The Governor recommends the Council to ingly, had the advantage of being able to make of construction ($1,875) and chartering of full use of the more modern materials thus steam-launches (8954.82) for the use of the New placed at their disposal, and the result is that Territory. the procedure in Hongkong has been brought The CHAIRMAN said it was necessary to up to the requirements of the greatly do- charter launches while the new launches now developed commerce of this colony. Looking ouple od were being built for the use of the back upon the progross of Civil Procedure in New Territory. This money also had been England during the nineteenth century, it voted last year, but not paid. might fairly be said that the first quarter of that century was a period of stagnation. The stately figure of Lord Chancellor Eldon blocked the way. The second quarter might be des. The ATTORNEY-GENERAL proposed the cribed as the period of preparation. It was second reading of the Bill entitled an Ordinance then that the eloquence of Lord Brougham at to establish a code of procedure for the re- last succeeded in impressing upon Parliament gulation of the process, practice, and mode the necessity of appointing Royal Commissions, of pleading in the civil jurisdiction of the and the reports of these Commissions paved the Supreme Court of the colony. He said way for reforms destin d to sweep into oblivion The existing Code of Civil Procedure many of the obscure technicalities and heart has been in force for 27 years and it has ending delays of the ponderous machinery of of late years been evident that the time has the then existing law. The third quarter saw come for a revision of the system of civil pro- the actual commencement of these reforms, em- cedure which was established by it. According-bodied for instance in the three Common Law ly, in March, 1899, the Chief Justice submitted Procedure Acts of 1852, 1851 and 1860, the to the members of the legal profession, at a Chancery Procedure Act of 1852, and tho meeting called for that purpose, a proposal that, Chancery Orders, of 1800. It was not, how if they thought such a revision desirablo, he ever, till the last quarter of the century was willing to undertake it while on leave of that the procedure of the different Courts absence in England in that year. At the meet-
was at once simplified and welded into one har- iny there was a general agreement that such monious whole. The Judicature. A et 1873, did revision was desirable and that the offer to not come into operation till the 1st November, undertake should be accepted. The proposal with 1875. By its provisions, the various Courts, the sanction of the Governor and the Secretary such as the Exchequer, Common Pleas, Queen's of State, and a Draft Code of Civil Procedure Bench, Chancery, Probate, Divorco and Ad- was prepared and printed, and copies it miralty, were fused together into one High arrived in the colony in April last. These Court of Justice, and the amalgamation of copies were distributed among the members of the procedure of the different divisions was the legal profession, and a meeting of members greatly facilitated. Thus, by selecting the was called in July last, at which, on the most suitable of the diverse regulations from suggestion of the Chief Justice, a Committee the various system, it became possible in Eng was appointed for the purpose of examining, land to evolve the excellent code of Civil revising, and settling the Draft. The Committee Procedure known as the Rules of the Supreme consisted of the Chief Justice, the Acting Pui- Court, 1883. These are the rules now in force sne Judge, Mr. H. E. Pollock, K.C., and Mr. E.
in the Mother Country. This is the source H. Sharp, barristers at law, and Mr. Victor H. from which much of the new matter in the Deacon and Mr. J. F. Reece, solicitors. At the Code, now before the Council, has been drawn same time all the members of the profession and I think you will agree with me that it were invited to send in to the Committee sug- is very desirable that Hongkong should follow gestions in writing for the antendment of tho the lead of England in these respects. draft. Tho work of revision has been very thoroughly and carefully done by the Committee. Corrected proofs of the first revision have been sent to all the members of the profession as the work progressed, with a view to obtaining fresh suggestions for the improvement of the draft. Quite recently a second revision has been made, and it is believed that the Bill now embodies a complete and workable body of law, adapted to the requirements of modern practice, for the re- gulation of the civil procedure of the Supreme Court. It is desired that, if possible, the Code should be brought into operation on the 1st July,
1901.
To the short statement of objects and reasons I should like to add a few remarks. I have
The COLONIAL SECRETARY, in seconding said-I am sure all members of this council will endorse the remarks of the Attorney-General regarding the case, attention labour that the Chief Justico (Sir John Carrington) and the Committee have devoted to this Bill, the thanks of this Council and of the community are due to Sir John Carrington for his labour in drafting the welfare of the colony is most intimately this important measure which is one with which connected. (Applause.)
seconded by the COLONIAL SECRETARY, the
On the motion of the ATTORNEY-GENERAL,
Bill was referred to the Law Committee.
CIVIL PROCEDURE,
The ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to repeal various statutes relating to civil pro- cadure or matters connected therewith. Ho said: The object of this Bill is to repeal the enactments which will be superseded by the Code of Civil Procedure and in part also by the Trustea. Ordinance, 1901.
The COLONIAL SECRETARY Seconded, and the motion was carried.
On the motion of the ATTORNEY-GENERAL, seconded by the COLONIAL SECRETARY, the Bill was roferrod to the Law Committee.
The Council then adjourned till next Wednes- day.
carefully studied thi Code, and it appears to me to be an admirable piece of work, for which we ought to feel much indebted to the Chief Justice. Its preparation must have involved a vast amount of labour, and it is evident that the greatest care has been taken both by Sir J. Carrington and the Committee to render it as complete and perfect as possible. The Ordin- ance which has regulated Civil Procedure in this colony for the last twenty-seven years was well suited to the requirements of Hongkong in 1873, when it was passed. But during those twenty-seven years the procedure under the English Judicature Acts has developed into a system far in advance of anything previously existing. The rules and orders regulating that procedure have not been brought into force in the Colony hitherto, and thus in cor ain respects the procedure in Honkong has Immediately after the Council meeting a not kept face with the moro modern meeting of the Finance Commitee was held, the improvements in the Mother Country. Colonial Secretary presiding. The following
he Hongkong Code of 1873 was founded minutes were submitted and passed. mainly upon the rules of the Supreme Court for China and Japan passed in 1865, and it also embodied parts of the Indian Code of Civil Pro- cedue then in force, as well as some few sections of the Indian Evidence Acts and the English Common Law Procedure Acts. But since its enactment, the Indian Code of 1882 has been passed, as well as the 1883 rules of the Supreme Court of England. The framers of the Code
K
MEETING OF THE FINANCE COMMITTEE.
The Governor recommends the Council to re-voto the sum of $120 in aid of the vote Government Medical Scholarship." The CHAIRMAN said each scholarship was watch $40 a year, and as there wore thres students, that meant $120 a year. This sum had been voted last year, but had not been paid, and it was now necessary to re-vote the money to allow of its being paid this year.
urinal immediately west of the Canton and Correspondence was submitted regarding the Macao Steamboat Company's Wharf, Dr. Clark stating that ho could only suggest, after three the Government to remove the urinal at once, months trial, that the Board should rocominend and to orect a suitable brick urinal lined and paved with glazed tiles, opposite the permanent Canton wharf, such urinal to have at least six
rocesses.
The PRESIDENT observed that an intercept- ing tank had now been fixed.
vision in the estimates this year for the erection Dr. CLARK said that as they had now pro- of a number of suitable urinals, he proposed that the Board recommend the Government to erect a brick urinal with no less than six re- cesses in the immediate neighbourbood of the Canton Wharf and the small iron urinal be removed.
Mr. OSBORNE seconded, and the motion was carried. THE SUGGESTED ADDITION TO THE STAFF AT KENNEDYTOWN.
A letter, dated January 16th, was submitted from the Colonial Secretary, who said :--
recom-
I am directed to inform you that His Ex- cellency the Governor has again had under his consideration the question of the appointment of un additional inspector for the city Slaughterhouse and Animal Depôts, and has
of State, the Captain Superintendent of decided that before making any mondation on the subject to the Secretary Police shall be authorised to station police duties of watchmen and supervisors. I am at the Depôts at night to fulfil the
to request you to report after a reasonable period has elapsed whether the Board considers that the system works in a satisfactory manner. I am also to inform you that the Government is about to Consider the question whether it night not be advisable to place the Slaughter- house under the immediate supervision of the Sanitary Board in the same manner as the Depôts, and has instructed the Captain-Super- intendent of Police to confer with the Colonial Veterinary Surgeon on the subject and report thereon to the Government."
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Dr. Hartigan minuted:-"o long as the work is done, it does not matter who does it."
POLICE SUPERVISION OF THE ANIMAL
DEPOTS AT KENNEDYTOWN.
Replying to a letter from the Board forward- ing a recommendation from the Colonial Vetor- inary Surgeon that the Animal Depots at Ken- nedytown should be placed under police super- vision from the hour of 6 p.m. to 6 a.m. nightly, the Colonial Scoretary
you that the Hon-
“I am directed to "rote ourable the Captain Superintendent of Police has agreed to increase the supervision of the Depots in question, and that it is hoped this will Prove effective in preventing the irrogularities complained of.”
STALLS IN PUBLIC 8: LEETS AND FOOTPATHS.
Replying to the latter of the Board forward ing the request that the Government should give directions prohibiting the erection of stalls
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