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HONGKONG DAILY PREES FRIDAY, DECEMBER 2823. – 1917
HONGKONG
COUNCIL
THE HALIFAK RELIEF FUND.
QUESTION BY HON, MR, PH. HOLYGAK,
LEGISLATIVE! The COLONIAL SECRETARY No reply is a shield and not a sword. If a manu-,, Act did not apply to them. That Cou- from the Dominion of Canada has been facturer has contracted to supply certain panies will have to make the deposit, received, although it woul
appear that
goods, and, under the regulations im-11 should have said in connection with the money had been sent independently
posed, is unable to supply goods of the Clause 5 that, if the Companice find it from the geuoral funds,
standard he has promised to supply, he convenient, the deposits made under that will be able to defend any action brought section may be made in some approved by the purchaser against him for nonbank in the United Kingdom. Chyrously completion of such contract. He will not it is no time to send sourities; acrom the be able to insist on the purchaser taking goods of a different standard
The COLONIAL SECRETARY seconded, and the Bill was read a second titan,
Council then went into Committee to consider the Bill clause by clause.
Clause 11 of the Bill was amended to read as followe
THREE BILLS PASSED A meeting of the Hongkong Legislative Council was held yesterday afternoon at the Council Chamber
The following were present :~~ His EXCELLENCE THE GOVERNOR. Si FRANCIS HENRY MAY, KC.M.G
HIS EXCELLENEY Mijon-GENERAL F VENTRIS (General Officer Commanding Troops in China).
The GOVERNOR We will make th Quirica. It is grabór odd I must say,
Hot Mr. P H. HOLZOAK-If the money was forwarded with the mesangi of sympathy as suggested it seems extra ordinary that we should have had no acknowledgment at all.
IMPORTATION AND EXPORTATION DEDIFANG, 1917.
The ATTORNEY-GENERAL moved the first reading of & Bill intituled An Or dinance to nmend the Importation and Exportation Ordinance, 3
, 1916." The COLONIAL SECRETARY Seconded and Hon. Mr. CLADE BEVEEN, C.M.G. the Bill was read a first time." (Colonial Secretary)
The Objects and Reasons state:-
Hoa, Mr. J. H. KEMP (Attorney- General).
Hon. Mr. E. D. W. Wotez (Calonia carriage of things out Treasurer).
Hon Mr. E. B. HALIFAX (Secretary for Chinese Affairs).
Hon Mr. Mol. MESSE Saperintendent of Police).
termng
It is hereby declared that where the fulfilment by any person of any contract which was or is to be performed within the Colony has been or shall be interfered
world by post and iff the securities are deposited in some approved bank and the deposit held in the name of the Regis- trar of Companies in Hongkong, that will be accepted by the Government as deposit here, The Companies caring on business hue are also required to provide certain accounts, and balance. ahests which are liable to audit by special auditors if the Governor in Council so orders. Offences under the Ordinance include the farmislung of false accounts, the obstruction of any audit which has
The COLONIAL SECRETARY SCconded and
the Bill was read, a second tiina
The Council then went into Committog to consider the Bill clauso by album,
Clause 2. The last three words in sub- section 1," within the Colany" wers deleted.
The existing definitions of the the with by the necessity on the part of him- been ordered or fall at which has principal Ordinance, refer and into the self or any other person of complying with the conditions of the Ordinance Colony. These definitions are not ay with any requirement, regulation, or propriate to the case of things which are restriction of the Admiralty, the Army not curried in the ordinary sense bat Council, the Minister of Munitions, or which are propelled through the air or the Food Controller, under the Defence through Or under the water. It is there
oreof the Realm Consolidation Act, 1914, or (Captain for proposed to amend the delicious the Defence of the Realm (Amendment) so no to make them more apt to include No. 2, Act, 1915, or any regulation made such cases. This explains clause 2 of thereunder, or with any regulation made C.M.Gthe
the bill proposes to raise the under the Order of Her late Majesty
3 Che principial Ordinance Queen Victoria in Council made on the penalty under that in the abnormal conditions due to the war the smaller penalty would not be a sufficient deterrent in the case of Rome of the offences against the
against the Ordinance which are
moved GENREAL then Mr. A. G. M. Fistenen (Clerk of that the Bill be proceeded with
The reason for urgency Councils),
mmmediately.
Hon Mr. W. CHATHAM, (Director of Public Works), Hon Mr. LAU CHU PAK Hon Mr. PH. HOLYOK. Hon. Mr. C. E. ANTON:
Hon. Mr. R. G. SHEWAN. Hon. Mr. Ho FOOK.
FINANCIAL
The COLONIAL SECRETARY, by command of HE. the Governor, laid on the table Financial Minutes Nos. 69 to 19,
and moved that they be referred to the Finance Cotunitie
from 25,000 to $10,000, as it is realised 26th day of October, 1896, as amended by of fire or marine insutbusiness,
he said, is that it is desirable, though, perhaps not absolutely necessary, that thie Bill should be passed in order that the threatened depletion of the number the Government may be able to deal with of launches in the Colony seconded and
The COLONIAL SECRETARY this was agreed to..
the Order of His Majesty in Council made on the 21st day of March, 1816, that necessity is a good defence to any pending or fature action or proceedings taken within the Colony against that person in respect of the non-fulfilment of the contract so far as it is due to that inter ference
There were no further amendments and, on Council resuming
Bill, as amended, be rend a third time
The ATTORNE GENERAL moved that the
The COLONIAL SECRETARY RECCnded, and the Bill was read a third time and passed.
the
insurance
Clause 4, sub-section 1 was amended to rend is follows No company which has amongst its objects the carrying on or of both, fire and business, whether within or without the Colony, shall hereafter ho rogistered until such deposit or deposits as would be required under this Ordinance it the company were actually incorporated and were currying on fire or marine insur- Lace business, or both fire and mariuo insurance business as the case may be within the Colony, shall have been made.
Clause 5, sub-section 1. The words which carries on business within the insurance Company." Colony were added after Every
Clause 5, sul-acction 4. The words within the Colony were added after If an insurance company carries on and the words
or intends to carry on
or is empowered to carry on were deleted.
Clause 6, sub-section 1. The words "which carries on business within the Colony JP. were added after **Every insurance company:
Clause 6 sub-section 5. This clause was amended to reach as follows: "With every account and balance sheet so filed there shall be filed with the Registrar of Companies a copy OF every report on
submitted. to the shareholders or holders of the insurance company
of the financial
year to respect
picturesque hilt called Morrison Him to the carriage of goods than to things financial backing in order to check the the affairs of the insurance company
the owners three years
ago,
and a
policy
which
The ATTORNEY-GENERAL The object of The COLONIAL TREASURER seconded pasting this Bill through all its stages INSURANCE COMPANIES DEPOSIT URDINANCE now is to enable the Government to deal and this was agreed to,
The ATTORNEY-GENERAL moved with a situation arising with regard to The GOVERNOR-In
connection will the launches of the Colony. A consider second reading of the Bill intituled Financial Minute 91 which recommendable number of launches are necessary An Ordinance by provide for the making for the commercial life of the Colony of deposits by certain person, firms and the payment of a sum of $275,000 in aid and if those launches are unduly companies carrying on fire and insurance of the vote Public Works Extraordinary diminished it will be practically in business. In doing so he said--The possible to replace them under present object of the Bill is to make sure that any for compensation and resumptions,
Conditions. In the principal Ordinance companies or persons carrying on fire or would like to mention that this compet- the definitions of the terms to import marine insurance business in the Colony sation is for the resumption of a very and to export are more appropriate shall have a certain minimum amount of like launches that are not carried but growth of mushroom companies which Casee and the buildings thereon. This sum of which a water borne, nad the defini have no sound duancia) basis. $275,000 is the sum agreed upon with tions in the principal Ordinenes are not have occurred in the past of such mush-
With very appropriate, either, to the case of room companies. Sme may have been such account or balance sheet relates
aircraft which fly through the air. It simply amateurish attempts to engage in
to in any auditor's rogard to Financial Minute No. is proposed to amend these definitions to a business which requires a good deal of which is referred report or letter 95 recommending... the payment of make them more appropriate to cover expert knowledge, some may have beat certificate appearing on any account or 8076.06 as an honorarium to Me such cases as well as the ordinary carriage patently fraudulent. Whatever the case balance sheet so fled, and every such Mof goods. That is the object of section the fact is that the public is defrauded copy so filed shall be signed in the same RO. Hutchinson, I laid before the two of the Bill. The cbject of clause the sounder companies suffer and the re manner as is provided in the case of Secrotary of State some time since an
three is to increase the penalty of the putation of the Colony is damaged. It accounts and balance sheets by aub scotien
his section, principal Ordinance from 85,000 to 38 proposed, therefore, to require all com(3) of this. account of the extremely valuable ser10,000. The increasing stringency of punies carrying on fire or marine Regulation 9 in the first schedule was vices condered by Mr. R. Hutchinson conditions due to the war makes it more insurance to show that they have a cer amended to read as followe with reference to the institution of the likely that persons will be prepared to tuin amount of financial standing by
"If the deposit is partly in the form pay a heavy fine in order to secure the making a deposit of $100,000. If the opium monopoly, the collection of the profit of illegal transactions which would Company carries on both fire and of leasehold property such property s duty on alcoholic liquors, the institution socrue if they were carried through marine insurance it must make of be insured in the name of the Registras of the taxation on tobacco and the work ossfully. In England the penalty 3200,000. The nature of the deposit is offices as the Registrar of Companies of Companies, against the risk of Joss course, double that deposit, namely by fire, and typhoon in such office or under the corresponding Act who raised. ing of what is known as the Importation in 1915 from 2100 to 2000 and I think set out in Clauss 5 of the Bill and it may direct for the full insurable value- and Exportation Ordinance by which the it is quite possible it may be acessary will be seen from Clause 5s thee at least insured or re-insured with the insurance Regulation 3 of the First Schedule. It thereof. Such property shall not be import and export of military store is to raise it further, Clause three pro-
half of the deposit must be in fixed company making the deposit, regulated.
poses to raise the penalty from $5,000 to Business men will readily $10,000. I beg to move the recond read deposits in approved banks, or British
Indian or Colonial Government bonds or appreciate the Chormous amount of ingred work that was involved in incorporating the Bill was read a second time.
The COLONIAL SECRETARY seconded, and stocks or in securities authorised by law for the time being in the United Kingdom that system in this free Port The
Council then went into Committee to for the investment of trust funds at the Bill was read a third time and batorarium approved by the Secretary consider the Bill clause by clause
The Bill passed through Committee
resuming
of Blate was £100 and the numb without amendment, and, a Council and may be in the form of leasehold pro ̈
of dollars mentioned in the Financial Minute is the equivalent of that sum Honourable Members, I am sure, will gladly vote this hanorarium to Ma Hutchinson.
FINANCIAL MINUTES.
regulations or restrictions rendered neces sary Bill is
tay by the war. The Binata intredie
& recent ordinance, fire insurance com-
Upon Council resuming, the Attorney General moved that the Dill, as amended, be read a third time.
The COLONIAL SECRETARY Seconded, and
FINANCE COMMITTEE
A meeting of the Finance Committee followed, the Colonial Secretary presid-
IMPORTS AND EXPOETS.
MERS.
other half may be in any other security approved by the Governor in Council, passed.
The Governor wished the Hon. mem- porty in the Colony of Hongkong. If it béry a brighter New Year and the The ATTORNEY-GENERAL moved that the is in the form of leasehold property the Council adjourned na dio. Bill be read a third time. A regulations provide that it must be pro The COLONIAL SECRETARY seconded, and perly tied up by means of a legal mortg the Bill was read a third time and age to the Registrar of Companies With reference to other securities such doen- passed.
ments must be executed as will either CONTRACTS (WAR RESTRICTIONS) ORDINANCE, traveler tão legal ownership to the The COLONIAL SECRETARY, by command de 1917.
Registrar of Companies or as will enable ing. The ATTORNEY-GENERAL Moved the him to complete such transference with. of H.E, the Governor, laid on the table second reading of the Bill intituled out any further concurrence on the part The Officer Administering the Govern. report of the proceedings of the Finance | “An Ordinance to make provision with of any other person. It has been further ment recommended the Council to vats Committee, No. 15, and moved that it be regard to the effect on certain contracts thought advisable to provide for certain a sum of three hundred dollars in aid of certain requirements, regulations and exemptions. The exemption clause is of the vote. Importe and Exports De adopted.
restrictions rendered necessary by the Clause XL The law in the United partment, Other Charges, Ranz of Tem The COLONIAL Treasunez ecconded present war. In doing so he said-The Kingdom requires Companies carrying on porary Ofides and this was agreed to.
object of the Bill is to provide relief fire or marine insurance to make a de The CHAIRMAN-This is the rent of against actions for breach of contract posit of £20,000 That deposit carries temporary offices, adjacent to the Har- Hoo, Mr. P. H. HOLYOAK Have I where the fulfilment of the contract has both kinds of business, fire and marine bour office from the middle of November your permission, Bir, to ask a question | been interfered with by the requirements, insurance. In the Straits Settlements, by to the end of December at 1200 a month.
* The vote was agreed to.že with regard to the vote made by this Council to the Halifax Relief Fund to
The Governor-You want to Live notice of a question?
How Mr. P. H. HOLYOAK-If it is desired I will give notice that I will ask the question whether a reply has been received acknowledging the vote made. What we feel is that the mum which the Colony voted has been merged into the general funds and that it has not gone direct to the Government of Canada, with our expression of sympathy, as a direct acknowledgment has been received, The GOVERNOR-I think it would be tionTM I better to give notice of the have not seen the correspondence myself.
The COLONIAL SECRETARY The Beare tary of State, in his telegram approving the gift, stated that the Crown Agent
the Goma
would and the
panies are required to deposit $100,000
The Governor recommended the Coun by the Chamber of Commerce and it is deposits may be taken into considerationcil to vote a sum of one hundred dollars based on an English Act passed in 1915. In other words the English deposit of in aid of the vote Fublic Works Recur would like to point out three partien £20,000 will relicve & Company from rent, Hongkong Water Works (99) larg under which it is important to grasp making a deposit nere because that sum Maintenance of Aberdeen, the effect of the Bill because I think that is practically equivalent to $200,000. a certain amount of misapprehension The deposit made in the Straits Settle cleaning and replacing filter materials The CHAIRMA→→This is required for my exist with regard to this messurements will go to the credit of the Com-in one of the filter beds in Aberdeen, One is that it affects not only future pany here to the extent of $100,000 Hong- The vote was agreed to. interferences but also past interferences kong currency, but if the Company The Governor recommended the Coun If a contract has been interfered with in carries on both fire and marine insur the past by reason of any restrictions ange it will have to make the additional eil to vote a sum of two hundred and covered by the Bill, this Bill will afford deposit of $100,000 in respect to its the vote Public Works Extraordinary, Beventy five thousand dollars in aid of a good defence for any action. Secondly, marine inkarance business. In order to Public Health and Buildings Ordinance its affect not only future legal proceed- cover any difficulties over Exchange a sub- 1903 (24) Compensation and Tesump- ings but even pending actions. It will clause has been introduced reading on not, of course, affect any judgment al** For the purposes of this section one ready given but it will affect an action in pound sterling, or five dollars gold, or which judgment has not been pronounced ten Straits dollars or fifteen rupees, already explained the reason for this In other words, if a complainant has com. thall be deemed to be equivalent to ten menced an action and has carried that Hongkong dollars. It will be seen that Hon. Mr. P. H, Holyoak-Aruming» action to n certain point he can now be in this Exemption Clause all com that this vote is made will the Gover met with this statutory defence. While prules, British or foreign, local or non- ment take into consideration the advis there may be a little hardship on the local, stand on the same footing. If bility of extending the present recreation complainant it is a lesser hardship than they have made a deposit in any part ground to require defendant try pay compensa of the British Empire that deposit will The CHAIRMAN--The scheme includes tion for that for which he is not respon- count towards exempting them from an extension of the recreation ground to
re But it must be over 6 acres, xpression Diable. The third point is that the Ordin- making a deposit here. I
There are some com- Etico is intended to provide a defence. It an actual deposit..
panies
which
The DIRECTOR OF PUBLIC WORIS-1/0 ich-are exempt, not because of does not enable a person who contract
into their stability, but her Government had filled-in ground line been interfered with to insist on any enquiry into the
bably the bon member is unaware that cause theaglish only gives him a defenes in any action business when the Act was passed and
Act was not act in the Sin Kum Poo Talley for the pur another party carrying out the contract.
retrospective They were carrying en
pose
dfansing it as a recreation brought against him. In other words, it
Ike DISPENSARY Baldinor afle Tacement of Canada wi
Hingapore, are HONORARY AGENTS of the IMPERIAL MERCHANT SERVICE ympathy from the Colony. Gurn, where subscription sen received, new Hon. Mr. P. H HOLYOAK-No reply Members are enrolled and all Members are has been received from the Dominion of welcomed se Visitors during their stay Canzda et all as far as the Colony is In port:
1388 concerned.
· The CHAIRMAN--H. E. the Govrenor has
vote