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Hon. Dr. Ho KAI-I have been speaking to the second reading of the bill. Now I am going to propose an amendment and beg to move that this bill be read a second time this day twelve months because as Your Excellency has just said if we were to let this bill pass the second reading we will be taken to approve of the principle that legislation on this subject is necessary, which, as I have just submitted was not my opinion.
Hon. Mr. WEI YUX-I beg to second the amendment.
On the amendment being put the "ayes" were Hon. Mr. Slade, Hon. Mr. Grasson, Hon. Mr. Wei Yuk and the Hon. Dr. Ho Kai.
These who voted against the amendment were the Colonial Secretary, the Colonial Treasurer, the General Officer Commading, the Director of Public Works, the Attorney-General, the Registrar-General. the Captain Superintendent of Police and the Hon. Mr. Hewett,
His EXCELLENCY-The " eight votes to four.
Пoes have it by
Council then went into committee to consider the bill clause by clanse.
His EXCELLENCY-With regard to the clause about spitting, the amendment of which has
read by just been
the Clerk of Councils, the extent of the penalty applied by the Governor in Council might be limited. I think myself it is able to suppose that the Governor in Executive Council would use common sense and only apply regulations if necessity were shown for it by the Sanitary Board or otherwise. In speaking
reason-
to the point the hon. senior unofficial member laid great stress upon the fact that a man who involuntarily wished to spit would have no possibility of doing so except in his handker- chief. There would be spittoons provided in all public places. In streets it is only on the pavement that spitting is objected to and it seems to me that this is a very reasonable proposal.
Hon. Dr. Ho KAI-The only thing is that such a large number of people will be fined.
HIS EXCELLENCY-Why so? It is very little to require of them to spit off the pavement. Hon. Dr. Ho KAI-It is a habit and it takes some time to get a man to cast off a habit, also it is difficult when a fit of coughing comes on.
HIS EXCELLENCY-We don't ask them to break the habit. We ask them not to spit on the pavement/
Hon. Mr. HEWETT-Sir. if you accept the arguments of the hon. member on my left we will never have any sanitary reform in Hong- kong at all. I would advise you to go right on. Hon. Dr. Ho KAI-That is all very well, but I do not approve of those high handed ways and remarks.
Hon. Mr. GRESSON—A certain number of us feel that we must at the present moment forbear with Chinese prejudices. The hon. member representing the Chamber of Commerce does not appear to be able to get this into his head. Every one of us agree that is a desirable bill but say that the time is not ripe for forcing down Chinese throats regulations as these.
THE HONGKONG WEEKLY PRESS AND
HIS EXCELLENCY-We will put up public
[December 12, 1908
a member of such com-
kind because we have so many men coming here | further amend the Companies Ordinance from the mainland who have no opportunity of 1865. He said The object of this Bill knowing what is wanted to be done in the extends to creditors of company the same colony in a small matter like that. They have right as a company or its members possess in been in the habit of doing this all their lives the case of a defunct company being struck off and to punish such people for such an offence
the register, under the Companies Ordinance seems to me hard lines and harsh treatment. 1865. Procedure is laid down as regards the
striking a defunct company off the regis ter and gives to pany power to apply to the court. It has been deemed advisable that that power should also be extended to a creditor of the company. Where proceedings are taken and a company is struck off the register it has been deemed desirable that a creditor of the company should have the same right and privilege of going to court as the company.
notices.
Hon. Mr. SLADE-But can they all read? That is the point.
Hon. Mr. HEWETT-If we put spittoons in offices and find a man spitting elsewhere can we prosecute him for committing a nuisance? If we have no remedy I do not see how legislation is going to further sanitary reform. That is the only way to educate the community that they must not spit where they please.
Hon Dr. Ho KAI-That is all very well but what we say is that the present time is not opportune.
Hon. Mr. HEWETT-Where will you be six months hence ?
Hon. Dr. Ho KAI-Perhaps in six months time you wont want to prosecute. Probably no one will go to your office.
His EXCELLENCY agreed to allow clause seven to stand over for a week.
FIRE INSURANCE COMPANIES ORDINANCE.
The ATTORNEY-GENERAL moved the second reading of the fill entitled Au Ordinance to The Fire Insurance Companies amend Ordinance 1908.-In doing so
he said:
This Bill was passed through during the pre- sent year and as stated in the objects and reasons it was considered by the Board of Trade that the rights of creditors and share- holders were not being sufficiently safeguarded and provision is therefore made that if the company or any member or creditor feels aggrieved by the name of the company having been struck off the register the company member or creditor may apply to the court and the court if it be satisfied that it is just so to do may order the name of the company to be I may say, Sir, that restored to the register. it is based generally on the Life Insurance Companies Ordinance of 1907 passed last year. It puts the two ordinances on a similar footing with the exception that it extends the right to tho creditors as well as member of the company It creates practically a uniformity and the same power is proposed to be exercised in the other small bill before the Council generally amending the Companies Ordinance.
The COLONIAL SECRETARY seconded and the Bill was read a second time.
The Council then went into committee and considered the Bill clause by clause,
On resuming.
The ATTORNEY-GENERAL reported that the Bill
with had passed through committeo slight amendments and moved that it be read a
third time.
The COLONIAL SECRETARY seconded and the bill was read a third time, passed and became law.
INTERPRETATION ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL moved the second reading of the Bill entitled An Ordinance to amend The Interpretation Ordinance 1897 and to remove an ambiguity in the construction of the same. In doing so he said—The object of this Bill is to keep in force the right to bring any action for criminal conversation. I may say air, it is purely a legal point and in order to give effect to decisions of the Supreme Court to maintain the right for an action for criminal conversation in this colony because no power to bring divorce I may say that the Bill was proceedings exist. sugges-
It was somewhat very carefully considered. technical and requird careful consideration.
Its
Hon. Mr. HEWETT-Then hon. member near the door apparently overlooked the fact that I stated in my remarks that the Government would not enforce these regulations too vigor- ously. I have probably had a great deal more experience in sanitary matters and of Chinese generally that the hon. member nearest the door. His EXCELLENCY-As it stands the Governor in Council may at all times hereafter make and vary regulations. I should be prepared to give an undertaking to the Council that no such regulations would be made for a period of six months. I am in favour of trying the tion of the Sanitary Board that public notices should he posted first and if they are successful no further action need be taken.
Hon. Mr. SLADE--Wouldn't it be just as well then not to bring in this clause just now? A great deal had been done in all sanitary matters by educating and obtaining the co- opération of the Chinese. Wouldn't it be as well to see if anything could be done in this respect?
HIS EXCELLENCY-I propose to do that. But if we propose that it will mean again amending a statute which we have passed. We have had in this colony frequently to pass amending ordinances to bills already passed
Hon. Mr. SLADE-I do not agree with the principle of punishment for a matter of that
object is to give effect to decisions of the Supreme Court.
Bill was read a second time.
The COLONIAL SECRETARY seconded and the
The Council then went into committee to consider the Bill clause by clause.
On resuming,
The ATTORNEY-GENERAL reported that the Bill had passed through committee and moved that it be read a third time.
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The COLONIAL SECRETARY Seconded and the Bill was read a third time and passed.
COMPANIES ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to
The COLONIAL SECRETARY seconded and the Bill was read a second time.
The Council then resolved itself into com- mittee to consider the Bill clause by clause.
On resuming,
The ATTORNEY GENERAL reported that the Bill had passed through Committee and moved that it be read a third time,
THE TRAMWAYS ORDINANCE.
The ATTORNEY-GENERAL—As regards the next order-the committee on the Bill entitled an Ordinance for authorising the construction of a tramway within the colony of Hongkong- I do not propose to proceed with it to-day.
His EXCELLENCY-Councí stands adjourned until this day week.
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held, the COLONIAL SECRETARY presiding. The following vote was passed:-
POST OFFICE.
The GOVERNOR recommended the Council to vote a sum of eight thousand seven hundred and ten Dollars ($8,710) in aid of the vote, Post Office, for the following items:-
Hongkong Post Office, Other Charges. Carriage of Mails, Share of Mail Subsidy..,$7,665 Compensation for Damaged Parcels, etc. Incidental Expenses
Postal Agencies in China.
Other Charges, Shanghai.
Rates and Taxes...
Total.
30
450
565
$8,710
The CHAIRMAN—( Of this vote $565 is for taxes on Government property in Shanghai. They appear to be as hard up as we are.
The COLONIAL TREASURER-I don't think it is quite fair that we should be made to pay the taxes.
The CHAIRMAN-I don't know about that. P'ersonally I think they are quite right to get all they can, no matter where it comes from.
The COLONIAL TREASURER-Quite right, but why should we be taxed?
TWO LUKONGS MURDERED AT
MACAO.
A Filipino named Hilaro Barte who has been residing for some years at Macao had an alter- cation in the street on Monday with two lukongs and stabbed them both. One of the men died on the spot and the other succumbed next day in the Military Hospital. The murderer has
been arrested.
TRADE MARK DECISION IN JAPAN.
Mr. Y. Toneri, Chief examiner of the Patent Bureau, has given decision on a protest lodged by Herr Mattins Hownell, of Wurtemberg, musical apparatus in Osaka. The statement of Germany, against H. Ishihara dealing in the appellant was that the Japanese registered a trade-mark No. 23,724 at the Pa tents Offic on July 10th, 1905, and used it on various The mark adopted by the Japanese resembled musical instruments manufactured by him.
that of the German merchant who had used it decision in favour of the German and said that for a long time past. The chief examiner gave the Japanese had stopped the employment of to the Bureau on June 15th this year.-Japan of the trade-mark, which fact had been intimated
Mail.
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