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HONGKONG
LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on the 27th inst, 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.
Hon. COLONEL DARLING, R.E. (Acting G.O.C.).
Hon. Mr. A. M. THOMSON (Acting Colonial
Secretary).
ኑ
Sir HENRY BERKELEY, K.C. (Acting At- torney-General).
Hon. Mr. C.M.I.MESSER (Colonial Treasurer). Hon. Mr. P. N. H. JONES (Acting Director of Public Works).
Hon. Mr. A. W. BREWIN (Registrar-General) Hon. Mr. F. J. BADELEY (Capt. Superinten- dent of Police).
Hon. Dr. Ho Kar, M.B., C.M.G.
Hon. Mr. E. OSBORNE.
Hon. Mr. W. J. GRESSON.
Hon. Mr. MURRAY STEWAKT.
Hou. Mr. WEI YUK, C.M.G.
Mr. C. CLEMENTI (Clerk of Councils).
MINUTES.
The minutes of the last meeting were read and confirmed.
FINANCIAL MINUTĖS,
The COLONIAL SECRETARY, by command of His Excellency the Governor. laid on the table Financial Minutes Nos. 37 and 38, 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 tablo the report of the Finance Committee (No. 12) and moved its adoption.
The COLONIAL TREASURER seconded, and the motion was agreed to.
PAPER.
The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table the report of the Sanitary and Medical depart-
mént.
LIQUOR LICENCE DISCUSSION POSTPONED.
The COLONIAL SECRETARY mored the postponement of the resolution under section 6 of the Liquor Licences Extension Ordinance. 1908.
The ATTORNEY-G-NERAL seconded, and the motion was agreed to.
LAWS RELATING TO OPIUM.
The ATTORNEY-GENERAL moved the first reading of a Bill entitled an Ordinance to amend and consolidate the laws relating to opium and its compounds.
The COLONIAL SECRETARY seconded. HIS EXCELLENCY- Gentlemen, the Bill which my hon. and learned friend has moved should be read a first time is one which has been rendered
necessary because of certain defects in the existing Ordinances, especially in the matter of the treatment of morphia-in fact, the Ordi- nances as they stand are so confusing that it is doubtful if on some particular points they are not absolutely contradictory. It has been therefore, to introduce certain small necessary, amendments in order to clarify the existing It was thought better while we doing this to recast the whole of the laws in one Consolidated ordinance in order that those who tender for the farm shall know exactly what the existing law is. I may say that in the consolidated Ordinance no new principle of any considerable importance is introduced. The amendments which have been made will be pointed out when
aw.
we
were
discuss the Bill clause by clause in committee. I may add that unless we take this opportunity of consolidating the Ordinance it will be practically impossible to do so for the next three years until the currency of the new farm determines, because any alteration, however small, when tenders are accepted, would vitiate the terms of the contract. By introducing this Ordinance we render it necessary to postpone the date on which the tenders should be sent in, and we propose to postpone the date until 30th Sep- tember next. You will therefore see, gentlemen, that the matter is very urgent. We wish to give the tenderers as long notice as possible in
[Angust 30, 1909
HIS EXCELLENCY-Do I understand your objection is that this clause ought only to be applicable to a railway, and not to a tramway? Hon. Mr. OSBORNE -My objection is to this excessive punishment of an ignorant coolie who puts a stone on a tram line.
THE HONGKONG WEEKLY PRESS AND order that they may study any small alterations in the law which may affect them. I shall, therefore, ask the Council at our next meeting to consider the bill not only in committee. but also to pass its third reading, solely with a view to getting it out as soon as possible in order not to delay the contracts. Since the Bill will involve no new principle I trust it may be treated as a non- .contentious Bill. The law as it exists, with such innovations as recently introduced, has been the subject of various protests. I it will not be found necessary by trust unofficial members to renew these protests. Finally, I may point out to yon that the Bill curiously worded. The lowest penalty is two
which is now on the table is a further revise from the one circulated yesterday. There are a few minor alterations which it has been found necessary to make. The bill, therefore, now laid on the table is a final proof.
The motion was agreed to.
KOWLOON HARBOUR OF REFUGE.
The ATTORNEY-GENERAL moved the first reading of a Bill entitled an Ordinance to authorize the Construction and Maintenance of a Harbour of Refuge upon and over certain portions of the Sea Bed and Foreshore situated upon the Harbour frontage at Taikoktsui, Mongkoktsui, and Yaumati, Kowloon, in this Colouy.
The COLONIAL SECRETARY Seconded, the motion was agreed to.
MALICIOUS DAMAGE AMENDMENT
ORDINANCE.
and
the
The ATTORNEY-GENERAL moved second reading of the Bill entitled an Ordinance to amend the Malacious Damage Ordinance, 1865. In doing so he said-This bill safeguards injuries to railways and tramways, and imposes penalties upon persons who commit acts of mali- cious damage in regard thereto. The principal Ordinance, that is to say, the Ordinance which deals with malicious damages to property-the Ordinance of 1865 did not contain ally provision such as is in the present Bill against persons who commit acts of malicious damage on railways or tramways. The reason of that, of course, is obvious to the Council. We had not arrived at the progressive stage we have now reached of having tramways and a railway nearing completion. Equally proper is it that the insertion of clauses providing safeguards that are necessary should now be made. The second part of the Bill relates to malicious dam- ages to trees on Crown lands, and provides for the punishment of persons who cause malicious damage to such property. There always has been such provision, but the mode of
more for imposing, and procedure pecially for collecting, a penalty has not been a good one. This is particularly the case with regard to the New Territories, where the villages are not assessed in the same way as assessments are made on the Hongkong side. To collect a fine at present you have to have a special assessment made of property in the New Territories, which is more trouble than it is worth. We propose to give the Governor power to impose a fine payable by the inhabitants, and which is leviable upon the registered property and collected in the same way as rent is collected. The COLONIAL SECRETARY seconded the motion, and Council went into committee on the Bill.
a
08-
Hon. Mr. OSBORNE, speaking on clause 3, asked-Does that mean that if a boy puts a stone on the tramway line he can be imprisoned for life?
HIS EXCELLENCY-If he does it with the object of upsetting a tram. If it is not done with intent he is not liable.
Hon. Mr. OSBORNE-A child putting a stone on the tram line does no harm to the tramway?
The ATTORNEY-GENERAL-There must be intent.
Hon. Mr. OSBORNE-But the clause says such person may be imprisoned for life.
The ATTORNEY-GENERAL-First of all, in- tent must be established. It is exactly the same provision as is in force in England.
Hon. Dr. Ho Kar-I think the first part of the clause applies to train-wreckers. The rest deals with the casual" offender, whose term of imprisonment is not to exceed two years.
Hon. Mr. OSBORNE-It is a very different thing to put a sleeper on a line where an express train is running than to put stones on a tram line.
The ATTORNEY-GENERAL-No coolie, howi ever ignorant, can put a stone on a tram line without intent.
Hon Mr. OSBORNE-There is no danger to life by putting a stone on a tram line.
The ATTORNEY-GENEBAL-There might be. Hon. Mr. Osborne-The section
years.
i
The ATTORNEY-GENERAL-The penalty does not exceed that. It may be a day or an hour. That is the maximum.
Hon. Mr. STEWART-The two clauses refer to different grades of maliciousness. This is not clear from the wording.
It is quite
The ATTORNEY-GENERAL clear.
-
Hon. Mr. STEWART-Insert or in the case of minor offences."
The ATTORNEY-GENERAL-I prefer to leavO it as it is. It is copied exactly from the Eng- lish statutes.
Hon Mr. OSBORNE-It is distinctly worded here that if a coolie puts a stone on the tram line he is liable, at the discretion of the Court, to be imprisoned for life, or for a term of not less than two years.
The ATTORNEY-GENERAL-One portion of the offence is the unlawful, and malicious ob- struction of a railway with intent. You have got to prove all that to the satisfaction of a- jury, or a man cannot be convicted. When that is proved the Court deals with the case as circumstances require, and makes the punish- ment fit the crime. I don't think we need trouble ourselves about this when it has been in force in England for 34 years.
Hon. Mr. OsвORNE-Railways have been in England for a long time, but in the New Territory people have not learned how to behave towards them. I want it to be made clear that a coolie who puts a small stone on a tram line cannot to be imprisoned for three years.
The ATTORNEY-GENERAL-The matter can be left to the magistrate to give a fitting punishment.
Hon. Dr. Ho Karobjected to clause 5, holding it unfair to make the owners of land liable to a fine for injuries to trees by the inhabitants Owners may reside miles away of a village. from the same and should not be held respon. sible. He could understand making the village elders or head men responsible.
It
Hon. Mr. OSBORNE, on the last clause of the Bill, objected to the principle of making a land- lord liable for damage done by a tenant. was the same principle which had made the sanitary laws in the Colony so objectionable.
The ATTORNEY-General said he could see
alternative.
no
The Bill was left in Committee on the under. standing that an amendment would be drafted by the Senior Unofficial member and submitted to the Attorney-General.
RATING ORDINANCE AMENDMENT. A The ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to amend the Rating Ordinance, 1907.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
Council then resolved itself into Committee. On the second clause exempting any village or area in the New Territory from exemption,
Hon. Mr. GRESSON said-Why is there no reason stated?
The ATTORNEY-GENERAL-There is in the memorandum.
Hon. Mr. STEWART It does not say why. The ATTORNEY-GENERAL-The reason is that in the New Territory there are places where the cost of assessment would exceed the amount collected for the rates.
Hon. Mr. OSBORNE-That would attract people to the New Territories.
The ATTORNEY-GENERAL-It is only giving the power to the Council by resolution if good cause be shown to make certain exemptions. Most of the houses in the New Territory are of less than rateable value,
The clause was passed.
Council resumed, and it was reported that the Bill passed through committee.
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