416
be properly treated by his master during the time he is in his service. The Bill do s not effect in any way the ordinary law as to the! right to dismiss summarily for special caus-IS described generally as misconduct. It leaves the master the right to terminate the engagement if such causes arise and it leaves the servant to question the propriety of his dismissal. The Bill was in supplement to the existing law of the land. It provides a summary way for the ser- vant to obtain his rights from his master and a summary way for the master to provide for the good conduct of his servant.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Council then went into Committes on the Bill and considered it clause by clause.
The third reading was not taken.
LIGHTS TO BE CARRIED BY JUNKS.
The ATTORNEY-GENERAL-I beg, sir, to move the second reading of the Bill entitled an Ordinanco with reference to collisions between junks and ships. This Bill was drafted a long time ago-seven months ago by my predecessor in office, and the reasous giving rise to the necessity for such a Bill are clearly set forth by him in the objects and reasons appended to his draft. No doubt hon. members have already read these objects and reasons, and if they have done so they cannot but concur with the reasons givou, and agree that the object intended to be achieved is a good one. It was found that in questions of collisions before the courts, Chinese junks and ordinary shipping were placed ou a very un- equal footing, and this Bill is designed to place them on the same footing with respect to lights. The late Attorney-General, in dealing with that matter, said :- Although the Legislature of this Colony cannot compel the observance of the International Rules concerning lights by junks outside the territorial waters, there can be no injustice in refusing to allow successful resort to the Colonial Court by junks neglect ing to carry proper lights themselves, while claiming damages for a collision with some ship which is subject to the International Regulations. Often, in such cases, the collision would never have occurred had the junk carried lights indicating, even in the smallest degree, the course she was taking. Not infrequently evidence is adduced to show that no light at all was visible on the junk except perhaps just immediately before the collision, when a lautern was suddenly hoisted." The principle of the Bill, put shortly, is to put junks and other shipping upon the same equality before the Courts, and I beg to move its second reading.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Council then went into Committeo on the Bill and considered it clause by c'ause.
On the Council resuming, and no alterations having been made, the Bill was real a third time and passed.
NEW TERRITORIES BILL.
THE HONGKONG WEEKLY PRESS AND
·
The ATTORNEY-GENERAL in moving the second reading of the New Territoris Titles Ordinance said-The object of this Bill is to provido a system of land tenure for the New Territory exclusive of New Kowloon. In the Territories outside New Kowloon there are a large number of small holdings, the majority of them exceedingly small. 1 under- stand they ran into something like quarter of a million. At the time the Ter itory was takeu over these holdings were held by a system of patriarchal origiu. It has been considered by those who have had the matter under their immediate administration that the state of society in that part does not fit the people at prezent for the introduction of a techuical system of Euglish Real Law Property. They considered it would be better to introduce a system simple, effective and cheap, something that the people could easily understand and be cheaply administered. Recognising the patri- archal system under which land is held there the Bill provides that the land-holder will be treated as a customary land-holder. Dealings with customary laud by transfer or by way of charge and its transmission by inheritance are regulated by means of a system adapted from that in force in Australia, known as the Torres Systems." Persous taking up land from the Crown in the New Territories may at their option become customary land-holders or they may obtain a Crown lease and come under the general law of the Colony.
The COLONIAL SECRETARY seconded, aud the motion was agreed to.
The AITORNEY-GENERAL then moved that tho Bill be referred to the Law Committes.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
NATURALISATION OF ALIENS.
The ATTORNEY-GEVERAL in moring the second realing of the Naturalisation of Alieus Bill said-This Bill has been introduc d for the useful purpose of obviating the necessity of constant recourse to this Legislature for the naturalisation of aliens. At the present mo- ment it is necessary each time we desire the naturalisation of au alien to come before the Council with a special bill. Hongkong is one of the few places where that necessity still exists in the British Empire.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Conucil then went into Committee on the Bill.
Some discussion ensued on a suggestion by Hon. R. Shewan that if a naturalised alien absented himself from the Colony for over 12 months at a time his e rtificate should be can- celled, but after His Excellency the Governor and other members pointing out that Chinese gentlemen, naturalised British subjects, were frequently absent from the Colony for three or more years, Hon. Mr. Shewan said he would vot pross his amendment in view of the expressiou of opinion by official members.
It was brought to the notice of the Com- mittee that no provision was made in the Bill for the notification of the granting or the sur- render of the naturalisation certificate, and the Bill was accordingly left in Committee stage for amendment.
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(December 1; 1902.
80 as to
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into the external air; that in certain cases specified the owner should be "compelled to alter the construction of his house provide an open space at the back of not less certain other than 40 square feet; that structural alterations should be made by owners of houses; and that owners of private streets ind laues be required at their own expense to surface chaunel and light such streets and laues and maintain them in a sanitary condition. These were the drastic recommendations made The Commissioners then by the Commission. declared that there was "no need for the resumption of thess (iusanitary) properties," being of opinion that the alterations and im-- provements which they recommended would reader the greater part of the houses "fit for habitation." In their opinion Government would only be called upon to resume where the owners could not be got to agree upon a com bined plan for improvement or where the lots are so small and the buildings on them of such dimensions that to make the needful improve. ments in them as they stand would leave the existing bouses more or less useless for all practical purposes." Concluding their very valuable report the Commissioners state it to be their opinion iter alia that it is unnecessary for the Government to resume insanitary pro- perties generally and that insanitary properties should ba
in improved recommended in the report and that such improvements should be carried out by the owners at their own cost." failing which "they should be carried out by the Government and the owners call d upon to refund the cost." That was the opinion deliberately expressed by the Commission. Mr. l'anby who is of eminent character and good standing in this C lony, examited before the Commission, gave it THE PUBLIC HEALTH AND BUILDINGS BILL.
The ATTORNEY-GENERAL-I beg to more
his opinion that there were a great the second reading of the Public Health and number of dwelling in the City 80 in- to be unfit for human habita. Buildings Ordinance, which was read a first sanitary as
tion. In answer to Sir Thomas Jackson he time at last meeting of this Council.
There are a lot of cubicles in the subject matter of Bill has been before the said public for such vry long time that it Colony now which I would not allow-I do not is hardly necessary for me to say anything understand why they are allowed to be there." at all in asking the Council to read this That is very important, I think. Then you Bill for the second time, and the principle which should give consideration to the next forcibly is involved in the Bill. namely, the improvement express d opinion of Mr. Danby, a man well able of the sanitary condition of the Colony, is one to form an opinion on the subject with which which must so obviously commend itself to the he was dealing. In answer to the Chairman he stated: "If you do away with cabicles on all Council that again it is hardly necessary for me to say anything in introducing the Bill, the floors you depreciate the value of the Still the Bill is of such importance to property. I take it the owner would lose from the public generally and fraught with such $1 to $1.50 on each boase. Supposing he had a house of three storeys he would lose the advantages if it is passed in the shape in which it is now presented before the Council, value of the cubicles on eich of the floors; he that I think it will be interesting and I am would probably lose $1 or $1.59 or even 82." suro instructive if I gave a short history of the Well, sir. the Commission having reported, the reasons which have led the Government to get fate which not infrequently comes to subjects the Bill presonted here now in the shap in which are sent to special Commissions for which it is. As long ago as 1896 the report overtook this subject; nothing was done Sauitary condition
town baring and it was not posible at the time to do before that attracted very serious attention on anything. However that may be, the feeling account of the ravages of the plague in years
of the community seemed to be that some- previously and also that year; in 1896 Governor thing should be done, and in the year 101 there was Я petition addressed to Sir Wm. Robinsou appointed a Commission to
for the Colonies enquire into and report upon the insanitary. the Secretary of State coudition of properties in Hongkong, how which was very largely signed by all the of the Council exoapt such insanitary conditions might be in- uuofficial members proved, and by whom such improvements the Chinese members and signed, I think, by should be carried out; that is to say at every architect in the place; that petition whose cost the improvements should be dwelt in language which in many cases it was effected. On that Commission there sat the impossible to say was too strong on the great then Colonial Secretary and Sir Paul (then dauger which this insanitary condition of Mr.) Chater, a member of the Council; Mr. T. Hongkong laid upon every personinbabiting the H. Whitehead, then also a member of the Colony. The petition asked the Secretary of Council; and there were Mr. (now Sir) Thomas State to take into consideration the matter which
It Jackson, and Mr. Ede. was appointed had been laid before him and appoiut a special in 1896, and the Commission reported in 1898. Commission unconnected with the Colony to They reported that there were many insanitary go out to the Colony, investiga'e the evils properties in the Colony and dwellings which from which the Colony was suffering and And the peti in their then condition were "unfit for human report what could be done.
tion added the request that to the Co- habitation"; that in a number of the houses the back portions were dark, all ventilated, mission should be attached some indepen- extremely dirty and in some cases were dens of dent sanitary expert to advise. This was done. filth." With respect to the means whereby the Mr. Osbert Chadwick, than whom there is no more eminent civil engineer, came out aloug improvement of these undesirable state of things
with Professor Simpson. In the concluding should be effected the Commissioners recom- mended among other things that in houses paragraph in the prayer of the petition it was fronting streets less than 15 feet wide no cubi- asked that after receiving and considering the Two report of such Commission the Secretary of cles should be allowed on ground floors. of the Commissioners. Messrs. Whitehead and State wou'd give directions for the recom- Ede, were of opinion that in such cases mendations of that Commission to be forth- cubicles should be prohibited altogether and
with carried into effect. Bearing in mind that no cubicles should be permitted on any
the wishes of the public as expressed deli- floors that had no window of not less than one-berately and forcibly in that petition the tenth of the floor space opening directly out Government determined they would endeavour
of the
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