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HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on May 27th in the Council
Chamber.
The following were present:- HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD K.C.M.G., C.B,, D.S.O.
H. E. COLONEL DARLING, R.E. (General Officer Commanding).
Hon. Mr. F. H. MAY, C.M.G., (Colonial Secretary).
Sir HENRY BERKELEY, K.C., (Acting At- torney-General).
Hon. Mr. A. M. THOMSON (Colonial Treasurer). Hon. Mr. W. CHATHAM, C.M.G., (Director of Public Works).
THE HONGKONG WEEKLY PRESS AND
Hon. Mr. A. W. BREWIN (Registrar-General), Hon. Mr. F. J. BADELEY, (Capt. Superinten- dent of Police).
Hon. Dr. Ho KAI, K.C., C.M.G. Hon. Mr. E. A. HEWETT.
Hon. Mr. E. OSBORNE.
Hon. Mr. W. J. GRESSON
Hon. Mr. WEI YUK. C.M.G.
Mr. C. CLEMENTI (Clerk of Councils).
MINUTES.
The minutes of the last meeting were read and confirmed.
Hon. Dr. Ho KAI-Sir I beg to point out that the resolution proposed by the Colonial Secretary was not seconded by me but by Mr. Wei Yuk.
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command of His Excellency the Governor laid on the table Financial Minutes Nos. 18 to 20 and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded and the motion was agreed to.
FINANCIAL.
The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table the report of the Finance Committee (No. 3) and moved its adoption.
The COLONIAL TREASURER seconded and the motion was agreed to.
ap- This
APPROPRIATION BILL The COLONIAL SECRETARY moved the first reading of a Bill entitled an Ordinance to authorize the Appropriation of a Supple- mentary sum of five hundred and twelve thous- and two hundred Dollars and thirty-four Cents, In to defray the charges of the year 1908. doing so he said-In connection with this bill I beg to lay on the table the draft propriation account for the year 1908. bill sir, when it has been read a second time will be referred to the Finance Committee and any further information that hon. members may desire on the bill I shall be happy to furnish in Finance Committee. I think the only item to which the attention of hon. members *need be called at the present stage is that appearing on page 32-the item for the Canton-Kowloon Railway, which in accordance with the new colonial regulations has been transferred from the railway construction Suspense Account temporarily to Expenditon.
The COLONIAL TREASURER Seconded and the motion was agreed to.
In
DEMONETIZATION OF POSTAGE STAMPS. The ACTING ATTORNEY GENERAL moved the second reading of the bill entitled an Ordin- ance to demonetize Postage Stamps bearing the Head of Her late Majesty Queen Victoria. doing so he said - This bill is introduced in order to bring us into line with the mother country in respect of the use of postage stamps bearing the head of her late most gracious Majesty the Queen. This Government has taken action upon the suggestion of the Postmaster- General, who was moved in that direction by the proper authorities.
The COLONIAL SECRETARY seconded and the bill was read a second time.
Council then went into Committee and cou- sidered the bill clause by clause.
On resuming, the ACTING ATTORNEY-GEN- ERAL reported that the bill had passed through committee without amendment, and moved that it be read a third time.
The COLONIAL SECRETARY Seconded and the bill was read a third time and passed.
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CHILDREN'S ORDINANCE AMENDMENT. The ATTORNEY-GENERAL moved the second reading of the bill entitled an Ordinance to amend the Law with respect to Children and Young Persons. In doing so he said-This bill has been introduced by the Government on the suggestion of the Imperial Authorities. Its object is to bring our law with respect to punish- ment for capital offences into line with the law in England. Quite recently the Statute, 8 Edward 7th, has been passed in England ex- empting persons under sixteen from death sentence. Why that act was passed one does not definitely understand because in practice this sentence in recent years has not been passed on young persons, but still the law is that it can be passed on persons under the age of sixteen who are amenable to the law. It has been
considered advisable in England that capital punishment should not be passed on offenders under the age of sixteen, and the object of that bill is to bring that law into force in this Colony. The COLONIAL SECRETARY Seconded and the bill was read a second time.
Council then went into committee to consider the bill clause by clause.
Hon. Dr. Ho KAI-The age of 16, European reckoning, would be 18 Chinese reckoning.
This The ACTING ATTORNEY-GENERAL means sixteen according to the computation of the Court.
The COLONIAL TREASURER-Trouble often When a arises through the interpreters. Chinese child says he is sixteen, the interpreter should say he is in his sixteenth calendar year. It is up to the Court to find out the age of any child.
The ACTING ATTORNEY-GENERAL-It means sixteen from the date of birth, according to English reckoning.
The COLONIAL TREASURER-Age must be considered according to English reckoning.
Hon. Dr. Ho Kaï-I only wish to point this out because the Chinese youth of sixteen is a totally different person from the European boy of sixteeu.
HIS EXCELLENCY-You would make the age twelve or fourteen?
Hou. Dr. Ho KAI-Yes, at the age of sixteen most Chinese youths are men.
After discussion it was agreed that the words should stand as in the Bill,
Hon. Mr. POLLOCK With reference to clause 2, I don't see why a distinction is drawn between a child and a young person. I take it that the object of the bill is to secure that no one under sixteen years of age shall have the death sentence passed upon them.
These pro- visions are taken from a very long English act of parliament.
HIS EXCELLENCY-These are the words in the draft from England which has been sent to all colonies. I do not see any need for the distinction here; it probably refers to definitions made for other reasons in the English Act, from which this section is taken.
Hon. Mr. POLLOCK-It seems to me unneces- sary.
HIS EXCELLENCY-Do you propose to omit the words "Young persons or the word
"Children "?
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Hon. Mr. POLLOCK-I propose that clause 2 be taken out altogether and that instead of child or young person there should be submitted "a person under the age of sixteen years,' these words to be added to clause 3.
This was agreed to.
On the Council resuming, it was reported that the ordinance had passed through committee with slight amendments.
The ACTING ATTORNEY-GENERAL, with the permission of the Council, moved that the Bill be read a third time.
The COLONIAL SECRETARY Seconded and the bill was read a third time and passed.
LARCENY AMENDMENT ORDINANCE. The ACTING ATTORNEY-GENERAL moved the second reading of the bill entitled an Ordinance to amend The Larceny Ordinance, 1865. In doing so he said—The object of this bill is to bring into force in this colony certain provisions in the Imperial Larceny Act of 1901, which act repeals sections 75-76 of the English Act of 1861. The corresponding sections in the local ordinance are 62 and 63, and under the law as it stands, before an agent can be con- victed of having committed an offence he must have acted contrary to directions in writing.
As
May 24, 1909.
money and property are seldom entrusted to agents with such directions the result has been that 99 agents out of 100 went free from punishment for misappropriating funds given into their hands. We propose to amend our Larceny Ordinance so as to make it coincide with the Imperial Act of 1901.
The COLONIAL SECRETARY seconded and the motion was agreed to.
The Council then went into committee to consider the Bill clause by clause.
On Council resuming the Bill read was a third time.
PUBLIC HEALTH AND BUILDINGS ORDINANCE
AMENDMENT,
The ACTINC ATTORNEY GENERAL moved the second reading of the bill entitled an Ordinance to amend The Public Health and Buildings Ordi- nances 1903-19.18. In doing so he said-This Bill has as its object to effect certain desirable amendments to the Public Health and Buildings ordinances 1903 and 1908. Since the last bill was passed the control of the market building has been transferred from the Registrar General's Department to the Sanitary Department, and this necessitates an alteration of the law. Clause 4 makes the required amendment and places the authority in the right hands. Some difference of opinion existing as to the best way of serving notices; the Bill contains a provision which I hope the Council will approve. The first part will probably pass without challenge but I will propose in committee to alter the second part by the insertion of a new proviso which I hope will meet with the asseut of the committee. The Bill also deals with the question of the exhuma- tion of bodies interred in Chinese cemeteries.
The COLONIAL SECRETARY seconded. Hon Mr. HEWETT-Your Excellency, there are one or two points which we wish to discuss, particularly I think with regard to section 6 of the principal dealing with section 335 Ordinance. I think, with regard to that clause, that the unofficial members are all agreed as to a certain change made in the proposed bill if the and perhaps it would be better whole thing were allowed to stand over to be dealt with in committee.
HIS EXCELLENCY-The Attorney-General has already intimated that we propose to amend the proviso to the section to which the hon member has alluded and I think we can very well leave that open till the committee stage. Hon. Mr. HEWETT-I merely wished to keep the point open, Sir.
Council then went into committee to consider the bill clause by clause.
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was
Hon. Dr. Ho KAI-I understand the learned Attorney-General says that the control of the markets has been transferred from the Regis- trar General's to the Sanitary Department. But for sometime past since that transfer was made, the letting of the stalls
to the Registrar General, and entrusted the Attorney-General has not given any reason why it was considered necessary. by Government to take away the letting of stalls from the hands of the Registrar-General and transfer the work to the head of the Sanitary Department. Unless he can give good reason for the change, I venture to think it is a mis- take, because the Registrar-General is the officer who comes into most intimate contact with the Chinese, and he is also able to exercise supervision over the letting of stalls and prevent any possible abuse or corruption. He would be able to secure a much larger revenue for the government, besides securing the confidence of the Chinese, and it would not take away from the Sanitary Department the control of the markets, there- fore the officer most competent to lease these stalls should be kept doing that duty which he yas done so well and efficiently during many years past.
The COLONIAL TREASURER--This is only a question of a change of what is described as a sub-accountant. The Treasurer is responsible for seeing that the proper amount is collected, and I am perfectly satisfied that the head of the Sanitary Department can do it.
HIS EXCELLENCY-The Sanitary Department is responsible, generally speaking, for the whole control of the markets, and we thought it better that this oue item should also go into their hands. The Registrar-General is fully employed with emigration and other such questions, and we wish to give him as much time as possible