December 11, 1909.]
appeal on behalf of the applicant and on behalf of the residents in the district, to the Governor- in-Council. The resolution which has remained on the agenda of the Council for some consider. able time past, has now been withdrawn and is re-incorporated as a second schedule to this Bill. You will find from it that the fees in certain instances have been decreased. It is proposed that those who have already taken out licences under the existing regulations shall have the option of exchanging them for licences under the new Bill if they should desire to do so; ef course, coming under the restrictions which that Bill imposes.
CHINA OVERLAND TRADE KÉPORT.
T
The COLONIAL SEC ETARY But their principal business is confectioners. It does not make any difference what yau call them.
Hon. Mr. STEWART-Supposing a man sold only sweetmeats?
The COLONIAL SECRETARY Then he could not get a licence.
Hon. Mr. STEWART-Then why put the
word confectioner in P
Hon. r. OSBORNE-A person could not take a meal off sweets.
amending Bill, and as few amendments as The COLONIAL SECRETARY-This is only an
possible should be introduced into it. I am not prepared to say if you cut out those words you won't have to amend the principal Ordinance in some further direction.
The COLONIAL TREASURER-Cut out the words. We don't want them.
Hon. Mr. OSBORNE-I move that the words * or confectioner" be cut out.
HIS EXCELLENCY-It does not seem to me to matter much whether the words are in or out because a man has not got to prove that he is a restaurant-keeper before he gets a licence. applicant who conforms to the remaining con presume this licence could be obtained by any ditions of the Ordinauce. It does not matter whether he is a restaurant-keeper, confectioner or bootmaker.
Hon. Mr. HEWETT In a confectioner's shop glass of liquor. you may see a man taking a slice of cake and a
Hon. Mr. STEWART-We don't want to en- courage that.
The words mentioned were deleted. On section 9.
Hon. Mr. STEWARTS member for the Justices I feel called upon to give an opinion on the principle of this Bill. To the Bill which it supercedes I was strongly opposed. Your Excellency may remember that at an interview granted to the Unofficial Members at Govern. ment House, in the summer, I expressed myself in that sense. That Bill proposed to take the licensing out of the hands of the Justices. This Bill proposes instead to concentrate the power at present rather loosely exercised by them. The only question raised is whether these powers are best exercised as at present, or whether they are more likely to be effectively ex- ercised when concentrated in a Board The present system is said to be čumbrous. Under it few Justices attend the meetings called, as your Excellency's figures prove. Sometimes the sug- gestion is made that this shows lack of public spirit. I deny that in my own case. The reason why I attend so seldom is because the meetings are called at an inconvenient place and at a most inconvenient time. This puts au un- warranted strain upon public spirit. Most of the local Justices are men busily engaged in the
The ATTO NEY-GENER L proposed the fol business quarter of the town.
lowing amendment:" All applications for the If meetings had been usually called for 5 o'clock instead of 2.15, granting or transfer of licences shall be made to and in the City Hall instead of at the Magistracy-consist of a Chairman and Vice-Chairman ap a board of licensing Justices, which board shall I think there are others besides myself who pointed by the Government and five other would have attended regularly. Thus the maiu Justices, two of whom shall be appointed by defect alleged against the old system is no the Government and three elected by the necessary part of it. It could have been
Justices of the Peace from among their remedied at time if the Police Magistrate number. Of the four Justices appointed by
any had been anxious to encourage attendance. the Government two shall be official and two But there was no pressing reason for trying shall be unofficial Justices. The members of the to remedy it so long as such a small quorum was held to be sufficient. The small- Justices shall form a quorum. The first clerk Board shall hold office for three years. Three ness of the quorum is the real defect in the present system. This was to be remedied,
at the Magistracy shall be ex-officio secretary to the Board." I understood, in the present Bill. It has not been. A quorum of three is proposed. Το my mind that threatens the object in view. I would not have less than five. It may be urged that if you left the present system otherwise unchanged, and made a quorum of say, seven, the object of the Bill would be served, but I think that members of a board would be more likely to exhibit keenness than a chance lot of Justices haphazardly come to- gether, and I agree that a Board is better fitted to pursue a settled policy. Therefore, I am in favour of the principle of a Licensing Board- How the Justices are to be elected, and for how long, and who will act as Secretary, these and sundry other details do not yet seem clear, but these are all matters properly to be dealt with in the Committee stage of the Bill. I agree to the principle and shall accordingly vote for the second reading.
The motion was agreed to,
Council then went into Committee to consider the Bill clause by clause.
On clause 2,
Hon. Mr. OSBORNE asked-Why are confec- tioners allowed to sell intoxicating liquor?
The COLONIAL SECRETARY-It is a term that occurs in the principal Ordinance, restaur- anteur or confectioner.
The REGISTRAR-GENERAL-They are allow. ed to sell liquor at Home.
Hon. Mr. STEWART-They are at Home? The REGISTRAR-GENERAL--Yes. There is a shop in Regent Street.
The COLONIAL SECRETARY---In the principal Ordinance an adjunct licence is defined as meaning a licence to hotelkeepers, restaurant- eurs, and confectioners. That Act is based on the Home Act. There might be a shop like Weissmann's started. That is a confectioner really, but it has started in the luncheou business.
.
Hon. Mr. STEWART-They are given an adjunct licence because they sell meals there.
Chairman and Vice-Chairman are the nominees Hon. Dr. Ho KAI-That is to say that the of the Government?
HIS EXCELLENCY-Yes.
Hon. Mr. STEWART moved. that five should form a quorum, instead of three as proposed.
Hon. Mr. OSBORNE seconded, and the amend ment was accepted.
Hon. Mr. OSBORNE asked if the meeting place would be decided by the Just ces
HIS EXCELLENCY-It was not considered necessary to mention that in the Ordinance. That will be in the power of the hairman, and it might be here or at the Magistracy.
Hon. Mr. USBORNE-Or in the new Post Office.
Hon. Mr. STEWART-IS the secretary pro- vided for?
HIS EXCELLENCY-Yes, the chief clerk at the Magistracy will be permanent secretary.
Hon. Mr. STEWART-Is there no provision as to the method for electing the three Justices You elect three for three years, but there will
always be somebody going away for a time. Provision ought to be inade for substitution.
that the mode of election should be the same as The COLONIAL TREASURER-I would suggest in nominating a member for this Council. There should be the same power of electing a substitute when any Justice is leaving the Colony.
election in the Public Health and Buildings HIS EXCELLENCY-Adopt the mode of
Ordinance.
Hon. Mr. STEWART-In the case of an elected justice not giving satisfaction to the people who elected him, if we adopted the sug- gestion of the Colonial Treasurer it would be very difficult to get him out.
The COLONIAL SECRETARY suggested that the section in the Public Health and Buildings Ordinance governing the election Sanitary Board should be extracted and added of the
to this Bill.
509
Hon. Mr. STEWART-I think it would help people to take an interest in it if there were occasional elections...
The addition was accepted and the section approved.
On clause 5,
The ATTORNEY-GENERAL proposed a new sub-section, which provided that in the event of the refusal of an application by the Licensing Board the applicant should not be entitled to make another application in respect of the same premises within a period of twelve months of the original application.
Hon. Mr. OSBORNE-Shouldn't it be if the Governor-in-Council has approved of the Justices' decision? The Justices may decide not to grant a man a licence, and that "debars him from making another application. If the Governor-in-Council reverses the Justices' decision, surely a inan can make another application.
:4
HIS EXCELLENCY-It does not debár him from making an appeal. It' debars him from making another application.
The new sub-section was approved. On sub-section 15,
idea how the standard of quality is to be fixed? Hon. Mr. STEWART -Can you give us any
His EXCELLENCY-I am not prepared to say, but any suggestions that may be made will be considered.-
Hon. Mr. STEWART-We naturally want to. know what the section means. I should imagine it would be a very difficult thing to put on the label of the bottle. Apparently the evil pro- perties in spirit have mainly to do with the age. Whisky that to-day may be poison five years hence will be no longer poison.
HIS EXCELLENCY That would form one class of quality. If the label said the bottle was five years old.
Hon. Mr. STEWART-That is no proof. You ter to a man. can only judge of the effect when you adminis-
The COLONIAL SECRETAR Y-You can make
not pass. a standard I believe which the raw spirit will
really in the nature of a pious wish.
HIS EXCELLENCY--I an afraid this clause is
On the second schedule,
Hon. Dr. Ho KAI said His Excellency had just stated that in a few cases fees had been decreased, but none of them had been increased.
The COLONIAL SECRETARY replied that some of the publicans' fees had been increased. Chinese licences had not been affected, but adjunct licences were reduced in some case.
HIS EXCELLENCY said the general effect of the scale was a reduction so far as European liquor was concerned, but the publicans' licences went up to a higher scale than they did before.
Council then resumed.
HIS EXCELLENCY Council will adjourn until next Thursday.
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held, the COLONIAL SECRETARY presid- ing. The following votes were passed
MISCELLANEOUS,
The Governor recommended the Council to vote a sum of one hundred dollars ($100) in aid and Legislature, Other Charges, for the follow- of the vote, Colonial Secretary's Department · ·
ing :-
Incidental.expenses Newspapers, periodicals, etc.,
Total,
$50 50
* $100
The Governor recommended the Council to vote a sum of sixty dollars and seventy-two cents (60.72) in aid of the vote, Medical Depart ments, Hospitals and Asylums, Other Charges, guineas). Drawings of the Lispa Sinensis Fly (5
The Board of Agriculture, Industry and Commerce at Peking propose to establish a Government Tea Factory in Hankow on the same lines as those of the Russians. It is also intended to float a tea company with a view to recovering the business from the foreigners. and a scheme will be drawn up on their report Officials have been appointed to make enquiries
and submitted to the Throne for approval.