May 24, 1909.]
to devote to Chinese matters. The proposal originated with him.
Hon. Dr. Ho KAI-If the Registrar-General has not the time I can see no help for it.
The REGISTRAR-GENERAL-I don't think I can admit that the head of another department would be able to do this work more efficiently than the Registrar-General, and he being a member of the Sanitary Board would, always be at hand to give any advice or assistance called for.
CHINA OVERLAND TRADE REPORT.
Hon. Mr. HEWETT-IL appears to me that it would be much better not to divide the authority over the market, and that it would be very much better that the letting of the stalls should be left to the Sanitary Board, not to the Sanitary Department, so that any question could be discussed at the Board. I suggest that instead
of head of the Sanitary Department it should be Sanitary Board.
THE COLONIAL TREASURER-In that case you will make that particular part of finance in the Colony independent of the Treasurer. Accord ing to my hon. friend there is a suggestion that if we give it to the Board it would be impos- sible for me to lecture the Board. I can lecture the head of the Department, but not the Board, Hon. Mr. HEWETT-You can lecture the Board if you wish to, but of course we have the right to reply.
The COLONIAL TREASURER-It is a sub- ordinate function entirely.
Hon. Mr. HEWETT-I don't press the point, but think it ought to come before the Sanitary
Board.
The ATTORNEY-GENERAL-It has been suggested that section 82 of the Public Health and Building Ordinance. which deals with selling and bringing into the market food which is unfit for human consumption, should be amended. The section reads No person shall sell or expose for saleor bring into the colony or into the market any food etc. It is silent as to the person who has in the colony, but not in the market, food unfit for human use. It has been suggested that it would be wise to add the words "or in his possession" to that clause. It is somewhat wide, but I think we may trust to the discretion of those who have to enforce the law that they will only proceed where they believe there is an intention to offer it for sale. A case has actually arisen where a man was found in the streets with meat in a putrid state, and there was every reason to believe he was going to sell it. The object of the provision is to protect persons from having tainted food given to them, and there seems sufficient justification for such a clause.
Hon. Mr. POLLOCK-What class of man was the man?
The ATTORNEY GENERAL-A full grown man (laughter).
|
Hon Mr. POLLOCK - Was he a hawker? The ATTORNEY GENERAL -I don't know. The Hon. DR. HO KAI-It is extremely dangerous to give so much power. A man might have meat which he intended to throw away.
The COLONIAL SECRETRAY—When you arrest a hawker with such meat he says-"I was just going to throw it into the harbour."
|
Hon. DR. HO KAI-I think it better to give the discretionary power to the magistrate. Let him decide whether the man intended to sell it or not.
HIS EXCELLENCY-It is difficult to prove intent to sell and we want to get some words which will make it easier to deal with the man with diseased meat in his possession which there is reasonable cause to believe that he intends to sell.
The following words were inserted after the word "market" in the 2nd line of the section
or have in his possession without reasonable excuse, the onus of proving which shall lie on him."
With reference to clause 4.
The DIRECTOR OF PUBLIC WORKS said- In some cases, plans have been submitted and approved and without any action having been taken on them another set of plans has been sent in for the same premises which had certain divergences from the original plan. It was difficult to deal with the second set of plans before the original plans had been disposed of, as the Building Authority had no power to refuse plans if they were in accordance with the Ordinance.
The clause was agreed to.
429
On the clause as to the manner of serving | mittee with slight amendments, and moved that notices.
it be read a third time.
Hon. Mr. HEWETT-The service of such notices should be by registered letter. I don't wish to cast any reflection on a very important branch of the Government service but it is well known that letters posted in the ordinary way do not always reach their destination.
HIS EXCELLENCY-In that part of the amendment we have adopted the words of the English Act.
Hon. Mr. HEWETT-I am talking of register ed letters, sir, in view of the fact that we have to deal with Chinose letter carriers and native servants. It is very important that notices of this kind should be registered. I hold that opinion very strongly because it is not an un- common experience that letters sent through the post are not delivered.
HIS EXCELLENCY --I agree to the amend. ment.
Hon Mr. HEWETT-I think it would be better to adopt the change which was introduced in the amending ordinance last year and that the notice he served on the person affected by the document.
HIS EXCELLENCY-The first part of the sub- section stands unaltered. The amendment now proposed by the Hon. Attorney-General is in substitution for the proviso, and has been drafted in order to give effect to a resolution of the Sanitary Board, which referred to notices served on the owner only.
Hon. Mr. HEWETT - The point we want to make clear is that we find in practice that notices for removing nuisances, which ought to have been served on the tenant have been served on the owner, and that notices which ought to have been served on the owner have been served on the tenant. We want to make sure that they are served on the proper person.
The ATTORNEY-GENERAL-You will find that covered in the next paragraph.
Finally it was agreed to substitute the fol- lowing for the Proviso to the section:- Provided that any notice, summous or order required by this Ordinance to be given, issued or made to the owner of any premises shall be served either by leaving the same at the place of business or residence within the Colony of such owner or of his authorised Agent or if the whereabouts of such owner or of his authoris ed Agent be unknown, by post by a registered lotter addressed to such owner, or to his anthorised Agent, at his last known place of residence or of business in the Colony.
On the clause relating to exhumation of bodies. Hon. Mr. HEWETT asked-If the cost of re- interment of bodies meant re-interment in the Colony? He did not suppose the Government meant to re-inter Chinese outside the Colony.
The COLONIAL TREASURER- Why not? We want to encourage them to inter outside the Colony,
Hon. Mr. HEWETT-I want to know if it is the polisy of the Government?
The COLONIAL SECRETARY seconded, and the bill was read a third time and passed.
time
MERCHANT SHIPPING O DINANCE
AMENDMENT.
that
The ATTORNEY-General moved Council go into committee on the Bill entit- led An Ordinances further to amend the Mor- chant Shipping Ordinance 1899. In doing so he said-This bill was before the Council some-
when it ago.
was passed with the
which wero exception of two clauses
left over for the consideration of myself and my friend Mr. Pollock. We came to certain con- clusions on those clauses, but subsequently the bill received re-consideration generally. I have a number of amendments to move which will not affect the principle of the bill or its details, but will improve its phraseology. Council wont into committee to consider the The COLONI L SECRTARY seconded, and
bill clause by clause.
On
the
ATTORNEY-
GENERAL reported that the bill had passed
Council resuming
through committee with sundry amendments and he moved that it be read a third time, and that the title thereof be deemed sufficient.
The COL NIAL SERETARY seconded, and the bill was read a third time and passed.
THE TRAMWAY BILL.
The ATTORNEY-GENERALMoved that Council resolve itself into a committee of the whole Council on the bill entitled su ordinance for authorising the construction of a tramway w-thin the Colony of Hongkong.
The COLONIAL SECRETARY seconded. HIS EXCELLENCY- Gentlemen, on 17th Dec- ember last the hon. Attorney-General moved that the Council resolve itself into committee to discuss this bill for a new tramway. The Council then heard a petition by the Rt. Rev. Bishop Pozzoni, and I addressed the Council. The hon. member who represents the Chamber of Commerce pro- posed that the discussion should be adjourned in
order that Hon. Members might con- sider the circumstances both of that petition, and of the speeches which had been made on the question. The discussion was accordingly adjourned, and the question of the rival routes for this tramway was referred to the Public Works Committee of this Council on 30th December last. Their report was presented to the Conucil on 11th March, and was adopted. The Public Works Committee condemned the trestle scheme, and they recommended the adop- tion of the scheme of an open cutting, or alternatively, if that was not approved, the adoption of the third route, whichwas for a tunnel under the public gardens. The Company who are promoting this scheme were therefore told that the Government would not be able to support the project for carrying the tramway on trestles up Glenealy Valley, and they were asked which of the two other schemes they preferred. They replied, that they preferred the second viz; the open cutting through the gardens.
HIS EXCELLENCY-Interment must be in an authorised cemetery. If exhumation is in con- sequence of orders issued by Government, the But in order that the Company should Revenue provides the reasonable cost of re- not be put to undus expense in preparing interment in the Colony. It was not the detailed plans before this Council had finally intention to provide for the expenses of export-approved that proposal, I suggested that the ing bodies out of the Colony.
The provision for exhumation of bodies was then approved with certain amendments, and the bill was left in committee, the Clerk of the Council being instructed to have the sections renumbered throughout the bill.
CIVIL PROCEDURE ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL-I do not intend to proceed with the next order of the day, the third reading of the bill entitled on ordinance to amend the Code of Civil Procedure. I move that it stand over.
The COLONIAL Secretary seconded, and the motion was agreed to.
LIFE INSURANCE COMPANIES ORDINANCE AMENDMENT.
ATTORNEY-GENERAL moved
that
The Council go into committee on the bill entitled an ordinance to amend the Life Insurance Companies Ordinance 1907.
Council went into committee and considered the
The COLONIAL SECRETARY seconded, and
bill clanse by clause.
On resuming, the ATTORNEY-GENERAL re- ported that the bill had passed through com-
I
Company should prepare sketch plans only. These will be circulated to members of Council in order that they may see roughly what the proposals involve with regard to the public gardens, and how far it will injure them. I propose to adjourn the discussion of this motion t-day in order that hon. members may have time to study the plans, and also in order that the petitioners may have an opportunity of investigating them and stating whether or not they have any objection to the route now sug- gested. I also propose to circulate to members of Council before our next meeting, a statement by the Superintendent of the Botanicaland Forestry Department describing the effect on the public gardens of this scheme. At our next meeting we will discuss the question as to whether the general proposal is accepted and whether the bill is to be referred to committee.
The COLONIAL TREASURER-To a special committee? I may say that I don't think the tunnel will ever be made.
HIS EXCELLENCY-That will be discussed at next meeting.
The COLONIAL TREASURER-They are only haggling over the matter.
3