August 10, 1903.]
CHINA OVERLAND TRADE REPORT.
determination, and settler ut of land claims in the New Territories, to establish a Land Court, and for other purposes.
the hon. member who moved the rejection of the Bill nor the hon. member who seconded intended or wished for an amendment to prevent the Chi- nese members of this community fem being Section 2 as printed was the subj ct of a series heard in this Council and advocating anything of a deadmen ́s proposed by the Hon. Dr. Ho that they believe to bo for their good. Kai and the Hou. R. Shewan, having for thir Whatever the hou. mover au! the ho, seconder object the climination of the retrospective may desire, the effect of their motion if, enter-character of the section. tained by this Council would be to impose up in the Chinese a un asure which they beliers to be against their interests and to proveat this Council from having an opportunity of hearing anything that can be said on their part. would ask the hon mover and seconder to withdraw the motion which I am sure must have been made under a misapprehension. It is one of the most unusual motions over made in any legislative or deliberative body that leave be not granted to introduce a Bill. That is to say, "I won't hear you; I do not cire whether you have reason or no reason to put forward for the proposal, you are going to advance; I won't hear you."
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Hoo. Dr. Ho K addressed the Council at conside able length. penting cat inter alia that nudar Ordinace 47 of 1992, a claimant whose claim to land has been allowed by the IL nd Court had a permanent heritable and transferable right of use an l_occupancy in his land, and mored that the words provided that it is within three months after the decision giroa by the Land Cour.." be insarted batween the words "of the principal Ordinance" and
upon god canse shown."
Hon. Mr. SHEWAN-Hear, Lear The ATTORNEY-GENERAL—It is not a casi of "Hear, hear" tub of Not hear, not hear. won't hear." What I say is. I want you to hear. I have reason to believe that the Connoil will hear, and I am sure the Council will hear and, when they have heard, approve of the Bill that I am instructed to introduce for your con- sidération. Now, to come back to the spot where the bon, member interjected his remark. This is an almost unprecedented motion. If you look thr. ugh the records of this Council I think it will be very difficult to find any case in which leave has been refused to introduce a Bill for the consideration of t o Council All the remarks of the hon. mover and seconder of the motion and of the hon. Colonial Secretary on this Bill have been directed not to the motion, which was a respectful request to the Council for leave to introduce a B 11, but to what may be called the principle of the Bill. Now, sir, this is not the time to discuss the principle of the Bill. The house is pledged to nothing; I ask no more than leave to introduce this Bill. Despite the remarks of the hon. gentlemen who sit opposite this is not the time to either accept or refuse it It has not reached that stage yet. All I ask is that the Council give me leave to bring in the Bill and I will afterwards, I think be able to bring home to their knowledge facts which I believe after they hear and digest they will find worthy of consideration. I appeal to the hou. Major. General to withdraw this motion, because I am sure he had no conception of the effect it would have; but if it is not withdrawn I ask that it be rejected.
The GOVERNOR There is no necessity for a motion such as this negative will be quite sufficient.
The Council divided with the following result:-For the first read.ng-Mr. Dickson, Mr. Stewart, Mr Wei Yuk, Dr. Ho Kai, Sir C. P. Chater,. Dr. Atkinson, Mr Chatham, Commander Rumsey, Mr. Thomson, Sir Henry Berkeley and Mr. May; against Major- Gene. al Gascoigne and Mr. Shewa.
FORESHORES AND SEA-BED ORDINANCE.
The ATTORNEY GENERAL moved the second reading of the Bill entitled an Ordiuauce to amend the Foreshores and Sea-Bed Ordinance No. 21 of 1991, and to repeal sub-section (1.) of section 1 of Ordinance No. 11 of 1902. He said The reasons for the introduction of this Bill are set out in the objects and reason attached to the Bill, which are as follows:-To reduce the period of notice required by the first proviso to section 3 of Ordinanco No. 21 of 1901 from three months to one month. The reduc- tion is desired because it has been found unnecessary and inconvenient in practice to require such a long period of notice as three months to be giyen before the Governor can grant Crown leases of foreshore or sea-bed. I now move, sir, that this Bill be read a second time. The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Council then went into committee on the Bill, and a new clause having been added the third reading was not taken when the Council resumed.
LAND CLAIMS IN THE NEW TERRITORY.
The Council went into committee on the Bill entitled an Ordinance to facilitate the hearing,
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Hon. R. CHEWAN BEC sufled the amendment. The ATTORNSY-GENERAL replied, pointing out that the object of the Government in making the section retrospective was to enable | it to us: the power of appeal which by in- advertence had not ben given in the principal Ordinance to the Crown, which was a party in reality to every case before the Land Court, while it bad be a given to ordinary claimants before the Court, and the power of appeal was only desired in certain specil cases that had occurred in New Kowloon, and the COLONIAL SECRETARY pointed out that the Ordinance No. 47 f 1902 did not apply to New Kowloon.
The Council divided, when there voted:-For the amendment-Dr. Ho Kai. Mr. Showan, Mr. Wei Yuk, an Major-Generd Gase igne; and against-Mr. Stewart, Sir C. P. Chator, Mr. C. W. Dickson, Dr. Atkinson, Mr. Chatham, Commander Rumsey, Mr. Phoinson, Sir Henry Berkeley and Mr. May. The amendment was lest by a majority of 2 votes.
Hou. R. SHEWAN next moved that after the words "Attorney-meral the words or any one of the parties" be added.
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Tho Council divided, when there voted:-For the amendment - Mr. Shewan, Dr. Ho Kai, Mr. Wei Yuk, Mr. Dickson, Mr. Stewart, and Major General Gascoigue; and against--Sir C. P. Chater, Dr. Atkinson, Mr Chatham, Command er Rumsey, Mr. Thomson, Sir Henry B rkeley aud Mr. May. The amendment was lost by a majority of 1 vote,
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Hou. Dr. Ho Kal next orad that the words haretofore made or in the 5th line of the section bo del ted..
The Council divided, when there voted : -For the amendmeut-Dr. Ho Kai, Mr. Shewan, Mr. Wei Yuk and Major-General Gascoigue; and against-Mr. Stewart, Mr. Dickson, Sir C. P. Chater, Dr. Atkinson, Mr. Chatham, Com. mander Rumsey, Mr. Thomsou, Sir Henry Berkeley and Mr. May.
Council then resumed and the Bill was then reported with amendments.
SUPPLEMENTARY ESTIMATES.
The Council went into committee on the Bill entitled an Ordinance to anthorise the Appropriation of a supplementary sum of $800,201.40 to defray the Charges of the Year
.9 12.
No alterations having been wide, the Bill, on the Conocil resuming, was read a third time and passed.
RENT RECOVERY IN THE NEW TERRITORY.
The Council want into committee on the Bill entitled an Ordinance to repeal the Now Ter- ritories Raut-Recovery Ordinance, 1992, and to make other provisions in lieu thereof.
On the Council resuming, the Bill was read a third time and passed.
THE PUBLIC WORKS SAFF.
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the Co'onial Secretary or the Director of Publi Works, as the case may be, w'll give you a satisfactory auswer. I think t'it on considera- tion the hoa, momter will see that is the batter thing to do, ant that the matter can then be more thoroughly gone into. Any answer yɔn have received and object to cau be debated, and it will be more satisfactory than a statement made on the spur of the moment.
Hou, R. SHEWAN-Sir, I beg to more the adjournment of the debate in order to call attention to the answer I received from the Colonial Secretary to
my question. Time after time the Public Works Department has been severely criticised for not doing its work properly, and time after time—-
Hon. Me. SHEWAN-I should be happy to do as you suggest, sir, but I shall not be present at the next Conucil mesting. I simply wish to record my-
The ATTORNEY-GENERAL-I Úg, sir, to move that the Hous› do now adjourn.
IIS EXCELLENCY —No, B2, The ATIURNEY-GENERAL-I have the right to move that,
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HIS EXCELLENCY-Might I suggest to the order. hon. member that be is hardly in This moving of the adjournment of the debate for the purpose of calling attention to any matters would be better done, and more com- pletely, by bringing forward a specific motion. If I might suggest it to the hon. member, in any matter which he wishes to debate or have thoroughly threshed out it would be better to have some resolution on the paper, and then
HIS EXCELLENCY-The hou. member [Hon. Mr. Shewan is making a motion.
The ATTORNEY-GENERAL- He has moved the adjournment of the debite. I am moving the adjournment of the Council.
HIS EXCELLENCY-The hau membər must be heard, and I trust he understands that I do not wish to curtail his remarks in any way.
Hon Mr. SHEWAN- I simply wish to express the opinion that the Government are taking a grat responsibility upon themselves in flying in the face of that Commission-a Commission on which the previous Colonial Secretary sat. Now the present Colonial Secretary simply ignores th recommendations of the previous Colonial Seccotary and the ot er gentlemen that Comm'sion, ad I wish now to express my omphatic dissent from the actin of the Government. When the publio complain in future to the Director of Public Works that the work is not properly done, the reply will be that he has not a sufficient staff, and the responsi bily for his not having a sufficient staff
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will now rest with the Government.
came
The Co ONIAL SECRETARY-Sir, I should like to say a few words, if I may. One of the the Public points that
up before Works
Was Department
whether outside firms should be employed or not. The decision was no, and the reinforcement of the Department was with the object of carrying out all the work departmentally. But a very large work indeed, the Kowloon waterworks, is in the hands of Messrs. Denison, Ram & Gibb. The Post Office and other offices have been designed by an outsile firm, other work-the Bacteriolog cal Institute has been given out, and I may say for the information of the Council that Govern- ment will has to pay as commission to Messrs. Denison, Ram & tibb something lik $80,00) for doing the work of the Pabic Wor.s Department.
This ended the discussion.
FINANCE COMMITTEE,
A meeting of the Finance Committee was held immediately after the Council, the Colonial Secr.tary, Hou. F. H. May, C.M.G., presiding
The following votes were agreed to:-
PUBLIC WORKS.
The Governor recommended the Council to rote a sum of $29,000 in aid of the votes for the following items under "Public Works, Annually Recurrent Expenditure'
Maiu enance of ublic Cemetery...$ 2.000.00 Maintenance of Praya Wall aud Fiers 6,000,00 Maintenance of Lighthoused Miscellaneous Services Water Works, Miscellaneous
Total...
CATTLE DEPOT EXTENSION.
2.000.00
3,001,00
16,000.00
$29,000.00
The Governor recommended the Council to vote a sum of $25,0 0 iu aid of the vote fr Cattle Depôt Extension " under Public Works Extraordinary.
HOSPITAL EXTRAS, The Governor recommended the Council to rote a sum of $334.63 in aid of the vote for Personal Emoluments, Medical Dapirtmouts: Kenedy Town Hospital :- Increases to Salaries of Permanent
Staff Salaries for Temporary Staff...
Hospital Hulk Hygeia: Salaries for Temporary Staff...
Total
$108.00
174.63
$282.63
$32.00
$334.63