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Sir, for the information of this Council that, so far as I am aware, the only point in this bill which is in anyway new in principle, is embodied in sub-Section E. of Clause 3 of the Bill. That Section runs as follows:-Upon the recommenda- tion of the Registrar General, to send a male child, who appears to the Governor to be less than fourteen years of age, to a school in any instance where such child is not and does not appear liable to be brought before a Magistrate for the purpose of being dealt with under the provisions of Section 5 of this Ordinance." The object of this clause is to enable a boy to be sent to a reformatory school even although he may rot have rendered himself liable to be dealt with by the magistrate. It seems desir- ble in certain cases where a male child appear to have no natural guardian or anyone to looks after him, that the child should be sent to a reformatory, where no doubt he will be looked after and cared for. With these few observa tions I beg to move the second reading of the Bill The COLONIAL SECRETARY seconded, an- the motion was carried.
The Council then went into Committee to consider the Bill clause by clause.
No alterations were made, and on the Council resuming the Bill was read a third time and passed.
NATURALISATION,
The ACTING ATTORNEY-GENERAL moved the second reading of the Bill entitled An Ordinance for the Naturalisation of Lau Yat Ts'ün, alias Lau Ng, alias Lau Man Kwong, alias Lau Ng Wo, alias Lau Hok Wai. He said-Hon. members will see from the preamble of this Bill that Mr. Lau Yat Ts'ün has been for the last 34 years one of the managing partners of the Kung Yuen firm, carrying on business as rice-merchants at No. 112, Wing Lok Street, and that he is also a director of the Po On Marine Insurance & Godown Company, Limited. He has continuously resided in this Colony for over 38 years, and has declared his intention of residing here permanently.
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The COLONIAL SECRETARY seconded, and the motion was carried.
The Council then considered the Bill in Committee clause by clarse, and there being no alterations, on the Council resuming, the Bill was read a third time and passed.
STAMPS AND STAMP DUTY.
The ACTING ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to amend and consolidate the Laws relating to stamps and stamp duty in the Colony of Hongkong. He said-I think, Sir, that hon. members will find the alterations effected in this Bill from the previously existing law clearly stated in the objects and reasons attached to the Bill, but in the main this Bill is an Ordinance to consolidate the pre- viously existing law. The new provisions of the Bill will be found in the last page of the objects and reasons:-The object of sub-Section 1 (a) of clause 18 of the Bill is to introduce certain provisions of the English Legislature into this Colony in order to prevent rich persons who fall seriously ill from conveying away their property, a few days before their deathli. so as to avade probate duty. A fow cases of this kind have recently occurred in this Colony. The object of sub-Section 1 (b) aud 1 (c) of clause 18 of the Bill, which are also founded upou English legislation, is to thwart other possible devices by which probate duty might be evaded.
Sub-Sections (2) and (3) of clause 18 of the Bill have been introduced for the express pur- pose of preventing attempts at evasion of probate duty under the plea that valuable con. sideration has been paid.
Clauss 22 of the Bill contains provisions which are entirely new to this Colony, though similar provisions have been in force in Eug land for some years past and have been law in the Straits Settlements ever since the passing of their Ordinance X of 1885. I think that it will be readily conceded that the introduction of such a Clause in this Colony is desirable. The proviso at the end of Clause 22 has been inserted in view of certain special powers which have been conferred upon the Official Admini- strator, the Colonial Treasurer, and the Cap tain Euperintendent of Police, in certain cases, under the provisions of Sections 14, 19, 62, 63, and 64 of 'T'he Probates Ordinance, 3 of 1897.
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In Great Britain the probate duty alone between £100 and £500 (which is roughly equivalent from $1,000 to $5,000) is 2 per cent., between £500 and £1,000, 24 per cent.. and above £1,000, 3 per cent.
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[August 3, 1901.
THE HONGKONG WEEKLY PRESS AND
Article 43 in the Schedule to the Bill makes | I may add that it is the intention of the probate duty payable on a higher scale than company to follow the very latest plan and to heretofore, and assimilates the scale of probate make use of the best materials. With regard duty which is chargeable in this Colony to that to the route it is intended to take, this has been which is charged in the Straits Settlements, published at length in the papers, and I need exopt that the value of exempted estates remains hardly therefore go into details on that head. fixed at $250, as it has hitherto been in Hong. The main line will start from the extreme west kong, instead of being altered to $500. Under of Belcher's Bay and will terminate at Shau- our present law contained in Article 31 to the kiwan, and the branch line will run from Praya schedule of Ordinance 16 of 1886 as amended East to the Raco-courge in Wongneicheong by Section 5 of Ordinance 13 of 1894, the Valley. The Attorney-General and the promoters probate duty charged is one per cent. where have been hard at work on this Bill for some time the value of the estate does not exceed $5 000, | past and all the Sections have been agreed to and two per cent. where such valus exceeds with the exception of Clauses 11, 14, and 47. $5,000; and I think that it will be readily con- With regard to the first, No. 11, sub-Section ceded that that rate is a very low one, especially 3 reads: "They shall leave an interval of at when it is borne in mind that in Great Britain least one hundred yards between any two places 3 sets of duties are levied, namely probate at which they may open or break up the road, duty, leguoy or succossion duty, and estate and they shall not without the consent of the duty.
Director of Public Works open or break up at any such place a grater length than two hundred yards." The promoters contend this Clause establishes too low a limit of the length of road. way that can be opened up to admit of the rapid construction of the line that it is desirable "in all interests to promote. If this limit can be extended from 200, to 600 or 800 yards at one time, it would greatly facilitate the progress of the work. Referring to Clause 14, there is another difference of opinion. The adviser to the Government, the Director of Public Works, urges that, where there is a double track the road should be paved across its entire width, whereas the promoters contend that whore there is a double track the road should be paved only in the tracks, and for eighteen inphes outside of each rail; in short, that such double track should be treated simply as two single tracks. Coming to the last point of divergence, Clause 47, the Government contend now that the net earnings of the company must be considered the gross earnings" less the actual operating expenses, whilst the promoters Bre of opinion that the net earnings should mean the gross earnings less actual operating expenses and also less the interest on any debentures that there may be on the stock of the Company. It has been arranged, I am given to understand, that these differences are to be thoroughly threshed out between the Secretary of State and the pro- moters of the enterprise in London. Now, Sir, there is one other little matter which has been pointed out to me by my honourable friend op- posite (the Senior Member for the Chinese). It is in Clause No. 49. He points out that the cheap fare of three cents for a Chinese workman to come into town and three cents for him to return would be six cents a day or 81.80 per month. This sura, added to the rent he would have to pay if living outside the city, would be more than he would have to pay in town, and con. saquently the overcrowding we are all so anxious to see abolished might not be so materially reduce as we now hope. I feel sure that if this point were brought before the promoters they would feel inclined to still further cheapen workmen's trams. These little differences, to which I have briefly alluded, ought not to be permitted to block the way. Where there are two parties, both anxious that a tramway should be started in the island; the Government, in order to assist in doing away with overcrowding in the Central districts of the city of Victoria; and the promoters, avimated by a desire to lose no time in com. mencing to earn dividends, will very soon arrive at a satisfactory arrangement. When they are arranged and this much-desired means of communication established, it will, · · I am confident, prove a great boon to the Colony at large and to the poorer classes in particular, as it will enable them to quit the crowded and insanitary localition, and to live in healthier and more airy districts out of town. It will also prove a great convenienes to the community in all weathers; and cannot fail to have some influence in promoting the interests of trade by improving the means of communication.
Mr. BELL IRVING seconded.
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In connection, Sir, with Clause 22 of the Bill, as I have just pointed out to the Council, that introduces provisions which, so far as this Colony is concerned, are quite novel in character, and it imposes a penalty for anyone not taking out letters of administration before administer ing the estate of any deceased person. I would suggest. Sir, for the consideration of the Council, that it might be advisable to bring these provisions more particularly to the knowledge of the Chinese by moans of proclamations. I am quite sure, from my experience in this Colony, and I think the hon. member on my left will bear me out, that it is not sufficiently appreciated amongst the Chinose that when a man dies in this Colony it is neces- sary that letters of administration should be taken out to his estate. I remember a rather curious case in which I was concerned a few years ago. In this case it was found out that a Chinaman had forged the name of his dead father to a deed for the sale of property in this Colony, and I was quite satisfied myself in that case that the forgery was done by the Chinaman in good faith-that is to say, he did not recognise that he was doing anything wrong in signing his father's name to the deed, apparently assuming that all rights and privileges of his father had descended by right to him as son. It is very desirable that the necessary knowledge of the law on the sub ject should be brought home to the Chinese, and I do not know any better way of doing it than by means of a proclamation. A suitable one could be drafted in the Registrar-General's Department, and it is especially desirable that this course should be adopted for the reason that undor the new provision of Clause 22 of the Bill there is a penalty attached in the case of letters of administration not being taken out within a certain time mentioned in Clause 2. With these remarks I beg to move the second reading of the Bill
The COLONIAL SECRETARY seconded, and the motion was carried.
The ACTING ATTORNEY-GENERAL then moved that the Bill be referred to the Standing Law Committee.
The COLONIAL SECRETARY secondel, and the motion was carried.
THE TRAMWAYS BILL.
The Hon. C. P. CHATER mored the second reading of the Bill entitled An Ordinance for authorising the construction of a tramway within the Colony of Hongkong. He said In moving the second reading of the Bill, which has already passed its first reading, I may stato that this Bill has been the subject of long and careful consideration by the Acting Attorney General and the Director of Public Works, in close conference with the solicitors of the promoters, and it affords me much satisfaction in bringing it before your Excellency and the hon. members of Council for the second reading. The objects of the Bill are to provide | quick, reliable, and cheap means of trans- Mr. CHATER.—It has been suggested by the portation for passengers through certain | hon. Attorney General that the Bill should be portions of Hongkong, and to furnish trans- sent to the Law Committee. port for certain classes of freight along Dr. Họ Kat mid he quite agreed with the the line of tramway at such times as will | tenior unofficial member who proposed the not interfere with the passenger trafic. | second reading of the Bill, in the last remark It is proposed to construct the tramways on the he made especially. The Bill would enable the overhead trolley system of electric traction, and colony to acquire a tramway, which would be