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THE HONGKONG DAILY PRESS, FRIDAY, JUNE 24TH, 1991.
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(714)
HONGKONG LEGISLATIVE
"COUNCIL.
(Continued from page 8.) QUESTIONS RELATING TO CHEUNG CHAU
The Hon. Mr. H. E. POLLOCK, K.C., in accordance with notice previously given, asked
1.-Has the new Telephone Cable from the Island of Hongkong to Cheung Chau, which was referred to by the Colonial Secretary in this Council on September 18th, 100, been laid? -
AMENDMENT OF CRIMINAL PROCEDURE.
The ATTORNEY GENERAL moved the Grat redding of a Bill intituled an Ordinanco
the three adjacent buildings were used Crown must be taken to have waived the solely as shops, and that it should not breach of the Crown lease It has also be available where those shops were beca argued that the expectation of the used also for domestic purposes. How continued renewal of such permits must eter that may be, the amandren, will be taken
into account in Axing the com used for domestic purposes the cunces-Clause 3 of the Bill is intended to to amend the law relating to criminal make it clear that if the shops are also pensation. sions cannot be claimed. Of course, the savo existing arbitrations from coming presence of two caretakers in a shop at under the stricter provisions of clause à procedure in the Supreme Court.. night will not have the effect of making of the Bilk the shop a place used for domestic
-Clauses and are intended to to the Bill state:
toto heObjects, and Reasons purposes " within the meaning of the get over a difficulty which, sometimes section.
occurs in the New Territories - when 1.-The object of this Bill is, to effect
attached.
c) in future to portion of any streat owners, or co-owners, are absent from the three improvements in the criminal pros shall be allowed to count as open space.
or cannot be found. (d) This sub-clause gives the Building which is consequential as paragraph. (a)
8--Clause 8 is a minor amendment crdure of the Supreme Court. Authority power to modify the provision of Clause 9.
2-Clauso 'effects two alterations in - it the fact that an European of this section in the interests of the Sergeant is the only Euroßkan. Police owner,
the law. In the first place it gives the - The ATTORNEY-GENERAL Baid There Oliver stationed as Cheung Châu, and 8. Clause 3.-The remarks made on in the first place it proposes to abaligh upon a question of law being reserved. are three main provisions in this Bill Full Court power to order a new trial is he constantly, in the course of his paragraphs (x)" (b), and (c) clause the customary ten per cent allowance by the trial judge. It is true that the duty absent from that lalaidis not abore apply alss to the corresponding for compulsory acquisition. That tent Court of Criminal Appeal in England the Government. yes in a position to com- paragraphs of this section. ply with the requests which have been Sub-clause (d)-It is intended that no particular cases, in England, by parti has no power to order a new trial. bus
per cent. has beni abolished in certain repeatedly nude in this Council for the compensation shall be payable in future cular statutes, and recently two years the Judges have frequently expressed the stationing of a second European Police for scavenging lanes in any case. Such ago, a general statute was passed dealing Officer at Cheung Chaut
is
but
ni
lanes are indirectly an advantage to the with the acquisition of land, compul opinion that that Court ought to have The COLONIAL SECRETARY replied :- 1The telephone cable referred to is in for the convenience and health of the made general in all cases. In future the | Bloom, Po
public but they are primarily necessary sorily, and that provisión is now being such a
For instance, în v two portions, the first from the mainland occupants of the building. to Lantno near Mn Wan and the second.
Board of Arbitrators will have to
App. R. at p. 25, the Lord. from Lantas to Cheung Chau. These vide that all open spaces which abut allowing any amount for compulsory pur. In this case we have a strong illustra
9. Clause. It seems desirable to pro-assess the value of the Ind without Chief Justice (Lord Alverstone) said,.. cables were laid in February, 1920, and have been working ever since, except for
on a street must be provided with a chase. That provision is reinforced and tion of what we have had to observe many the period from 14th to 10th of May who means of access from such street for the maile clear by the second main provision times the importance that this the land line on Lantao was interrupted cleansing.
purpose of inspection," scavenging and of the Bill which is to the effect that the to heavy storms
compensation on the resumption
Court should have power to order a "new The Acting Sub-Inspector in Charge
The ATTORNEY-GENERAL said; The Crown, Jarids is to be based on the trial. It is impossible for the Court pro the
only European Police Officer sen- Bill falls into two parts; the rst amount which the property will fetch perly to perform its duties without that tioned at Cheung Chau. He is at times, second, third and fourth clauses del in the open market if sold by
willing power."..
And in R... Blogu, 7 Cr." not constantly absent from the with the compensation to be paid for seiler. That is intended to get rid of Island. During the mouths of March, animals slaughtered by order of the any argument with regard to sentimental App. R. at p. 8, Darling in"delivering April and May be was absent, from the Sanitary Board Clauses 5 to 9 deal value. The third main provision is that, judgment of the Court, which consisted of Island 18 times in all for a period exceed with open spaces, scavenging lanes and in any resumption under the proposed Hamilton JJ. sid. In this case, we de Lord Alverstone C. J. and Darling and ing four hours. These absences are neces, allied subjects. Dealing first of all; Ordinance, no compensation is to be aituted by visits to adjacent islands and with the compensation for animals girin; That affects two main classes sire to repent and emphasise what the part of the southern count of Tanian, sinughtered, the present law is defective of cases; one is the case where land is Lord Chief Justice has said on several which are in Cheung Chau police district in two respects. It applies to cattle and held on a particular title; say, an
occasions, that it appears to ns after some During the above three months the not to animals generally, and it gives agricultural lease which only entitles the Act, to be a matter of grens regret that Officer in Charge of one of the Police no power to withhold compensation for holder to use the land for farming pur we have no power to order a new trial; years' experience of the working of this patrol launches stopped at and visited animals imported in an infected: condi- poses. In some cases such land is allow as can be done on appeal in a civil case- Cheung Chau 15 times, A patrol launch Pawer will exist in future to ed by the Government to be used ten where a verdict is set aside on such passes the island at least once every day and can be stopped by signal.
refuse compensation when infected porarily for other purposes. The owner grounds as those on which we feel bound The Captain Saperintendent of Police fair that the importer should bear the tain some kind of factory there, for cient legal renson is advanced against animals are imported, as it seems only may get a peralit to put up and main to act today. In this Court if a muthi- will be naked to arrange if possible for a second European police officer to be stoluss and that it should not be thrown example. It is a temporary permit and the conclusion of a judge and jury, wa tioned at Cheung Chau during the sum refuse competisation where the owner of If the owner chooses to spend a large conviction, and no further procedings"
on the public. Power is also given is liable to revocation on short notice. have no alternative but to quash the the animat has been guilty of any offence sum of money on the erection and main can be taken. This in a case, like many AMENDMENT OF PUBLIC HEALTH in the importation ur control of the tenance of the factory he can hardly others which have come before us. where animals in the Colony. The actual rates complain it, when the land is required it is clearly desirable that all the facts AND BUILDINGS ORDINANCE,
of compensation, which appear in clause for public purposes, he is reminded that should be submitted again to a jury with 5, are taken from the English Act. The his title is merely an agricultural one hope that what we are now saying will an adequate and proper direction. We rute of compensation depends to a cer- and that the permit was only temporary.
mer.
1903.
The ATTORNEY-GENERAL moved the tire reading of a Bill intituled an Ordinance to amend further the Public Health and Buildings Ordinance, 1801
The Objects and Reasons attached to the Bill are as follows:
-
痫
tion.
!
made
is
tain extent upon the nature of the dis-i is his own risk if he spends money: considered by those who have, power ease. Clause gives the Board power in some cases he may be prepared to to amend the law in this respect. to retain, for observation or treatment take the risk, but if he does, he can only
3.In the second place Clause 2 pro animals which would otherwise be liable be compensated on the basis of what vides that even the question reserved to be slaughtered but which the Board he is entitled to, aud, that is agricultural might be decided in favour of the accused may wish to retain for the purpose of land. The other class of care is farm the Full Court may affirm the conviction 1. Clauses 3 and 4 of the Bill deal making investigations into the disease. leases. These vary considerably. In if it considers that no substantial with the payment of compensation for As to open spaces and scavenging some cases, they seem to give nimest miscarriage of justice has actual- animals slaughtered by order of the lanes, the main amendment which the indefinite rights, but where rights are from section 4
This provision is taken Sanitary Board, and for animals retain-Bill proposes to effect is to provide that restricted it is intended that where the Act, 1807,
the Crimnial Appeal ed for observation, by order of the in future, no compensation shall be paid Government have to resume in the public application of this provision in England
Edward
C. The chief Board. Clauses 5 to 9 make certain in nay case for scavenging lanes. Under interest they shall have to pay only the occurs where the ground alleged alterations in the law relating to open the existing law, when buildings are value of the land as farm land. If for direction as to the law or wrongful ad- spices, scavenging lanes, and means of erected on land leased from the Crown example, the farm lease allows the mission or rejection of evidence The, access for the purpose of inspecting they are to provided with scavenging owner only to put up farm buildings and rule adopted by the Cuur, of Criminal Ap. scavenging, and cleansing
Laner. When these scavenging lanes are he chose to cover the iuid with a fac-peal with regard to evidence wrongfully Clause 2-This clause makes and surrendered and become Crown property tory, or rural domestic buildings, then, admitted has been that it will act act upon amendment in the heading prefixed to provision is made for the payment of if the Government should require to the above proviso in any case in which sections 4 and 50 of the principal Ordi- compensation. It is now thought, sir, that resume the land, he is to be paid only it appears to it clear that the jury may Dance which is consequential on the the expense of provision of such scaveng the value of the hand as farm land. He have been influenced by the evidence. amendment made by clauses 3 and 4 of ing lanes ought in all cases to fall on the has to abide by the risk he has taken. I wrongfully admitted: see Rr. Rodley the bill.
owner. It is mainly for the benefit of These are the two classes which the third (1913) 3 K.B. 468 3. Clause 3.The existing law relating the owner and his traants, though in- main principle of the Bill will affect. Claus 3 proposes to abolish the to compensation for animals slaughtered directly it benefits the public because it The Government has taken the opportu necessity of calling upon the accused by order of the Board is defective in two tends to make the locality more healthymity to provide for particular cases, after a verdict of main respects, ie., (4) it applies, only but the main benefi of scavenging ladies which setur veensionally, when notices ed by the jier guilty has been, Feturi- to cattle and not to animais generally, is to the owner and his tenants and it could not be served in the absence of ing upon the accused in this way is
object of call- and (b) it gives no power to withhold seems only reasonable that the owner owners, and a clause has been inserted give him an opportunity of moving in compensation for animals which were should be the person to bear the ex-to provide that the provisions of this arrest of judgment. Motions in arrest imported in an infected condition.pense, tu all cases, of providing such Bill shall not apply to any pending cases. of judgment azo seldom Clause 3 of the bill follows the lines of lanes.
and they the Diseases of Animais Act, 1894. In
The COLONIAL SECRETARY seconded, the are very rarely successful. They are of accordance with that Act, it makes the that in future no strect shall count as an read & frat time
The latter part of the Bill provides resolution was carried and the Bill was If any such rounds are in ground-
open to amount of depend upon operi
fended prisoner his counsel may be the nature of the discase, it gives paper, in certain cases, streets are allow
-MAINTENANCE ORDERS. trusted to bring them forward at the to withhold compensation if the owner ed to count as open spaces if no
The ATTORNEY-GENERAL moved the first proper time, and an undefended prisoner of the animal has been guilty in relation buildings front on them. The effect of reading of a Bill intituled an Ordinance, is extremely unlikely to discover to the animal of an offence against the that is that where the owner is allover to facilitate the enforcement in the such grounds. The
elausa still leaves it principal Ordinance, and it provides to count the street as an open space England or Ireland and rice rerad, and udgment after verdict
of Maintenance Orders made in open to the accused to more in arrest of that, unless otherwise ordered by the has to provide a smaller amount of
and before Governor-in-Council, shall be paid for any animal which would and it is though that the time Women (Desertion) Ordinance, 1903, und tice, by which the accused is called upon
no compensation space on his property than he otherwise
the application of the Married sentence. Under the present rule of prac
shows symptoms of disease before it has has come in the public interest to re-
to amend the said Ordinance
after verdict in cases of felony, the ex- been in the Colony, for the period of quire owners to provide, on their own was introduced in accordance with in Courts is that the accused either does not The ATTORNEY GENERAL said: This Bill perience of those conversant with tha incubation of the d ease in question, land, the not excessive amount of open structions of the Secretary of State and know what to say or else enters once more The maximum compensation is to be 840 space, which the principal Ordinance it is due to a resolution passed by the upon his general defence. This is mero in the case of a pig and 8400 in the requires, without having the option of Imperial Conference in 1911. An Act has waste of time, and is sometimes distress case of any other animal. Power is counting a street as part of the open been passed in England to provide for ing, especially in capital cases
the Governor-in-Coancil to space. The rule is one which has work the mutual enforcement of maintenance The ATTORNEY-GENERAL said The Bill define by order the periods of incubationed in a spasmodic and capricious way ordere in England and in the Colonies, is intended to effect two main improve of any diseases.
because if any of the building frouts on and that Act contains a section that, 4. Clause 4.-This clause gives the the street it is not possible to count it any particular
makes a reciprocal
ments in the criminal procedure of the Board power to retain for obseruntion as an open spot Opportunity is a condition, His Majesty will
Supreme Court. At present, if a point of will apply the Act law is reserved; after the conviction of a any animal which is liable to be slaught taken to make certain minor amend to that particular Colony. When this prisoner at the Sessions, and the Full ered by order of the Board, and it pro- ments, I beg to move, the first reading. Ordinance is passed here an Order, in Court is of opinion that the point raised. vides that compensation shall be given The COLONIAL SECRETARY seconded, the Act to Hongkong, add will be possible in a good one, there is no option but a méh a case simul has been resolution was carried, and the Bill was 4 afores British maintenance orders quash of the evidence,
the conviction, #laughtered 2
5. Clanse 5.-This clause provides that TAND
here, and Hongkong orders in England clear the guilt of the prisoner may be. It The fact the amount of open space which The ATTORNEY-GENERTT Doved
given
to
read a first time.
LANDS RESUMPTION,-
will
and
to
if a "existing domestic building his dress ved de famed byen chill is mainly concerned with maa- is proposed now to give the En1:Court
hut, it gives power to make, t
domestic required in the case of a new reading of a Bill intituled an Ordinance traintenance order against a person win lower to confirm the
is not resident here.It. domestic building erected on land leased to amend the Crown' Lands Resumption the absence of the defendant, but before posible for the Court to
ment of the principal Ordinance, such from the Crown before the commence Ordinance 1800. open space shall not be reduced below the minimum required for such a new domestic building
6. Clause 6. This clause, makes general the provisions of section 176 of the prin cipal Ordinance relating to open spaces between new domestic buildings and the hillside. At present these provisions apply only to the City of Victorio
**7 Clause 7-(a) This autolause makes it clear that scavenging, lanes provided under the section must be formed to such levels as the Building Authority may direct.
the Bill state The **Objects and Reasons'' attached
This Bill
ms Bill contains the three follow ing main provisions:
(a) The customary 10 per cent allow ance for compulsory acquisition is to be abolished.m
JE
the
oneprovided may be rende in the point raised is a conviction even if Full Court considers that no sub- it can be enforced in England-assuming
of justice has occur- he lives there the order Eas to be
jury might or gistered in England, and he has to ba say whether
have been influenced the evidence in- given the opportunity of showing cause properly admitted assuming it to be against it. In the same
order was made in England against a person to give the Full Court roger, on the
say, if an
case of that kind-and the Bill proposes: resident here, it can only be enforced here point reserved, to order a new trial after notice to the
(6)The compensation is to be based Colous. The oncfendant, in this Court of Criminal Appeal has no
be
on the amount which the property to make maintenance orders is under the power to order a new trial but members
The only power in this Colony would fetch in the open market if Married Women's Desertion: Ordinance of the Court have asked for that power sold by a willing seller 1995. The scope of that Ordinance has and Have gone so far as to say it is im (c)-No compontation is to given in
been a matter of doubt for a good many possible to perform their duties properly respect of any use of the land years because of the definition of the term without it. The Bill proposes to abolish which is not in accordance with married women. It has been thought after conviction At
the necessity of calling upon the prisoner. the terms of the crown lense
under in some quarters that it referred only to
present he called which the land is held. (b) This sub-clause extends the privil-2-Paragraph (a) and (b) of Clause it does mean and it is thought better now Very low prisoners: understand that, even persons of Asiabio race. This is not what upon to say whether he wished to my any- thing why judgment should not be passed, ege of the proviso to all ground stories are adopted from the Acquisition of to make it clearhat is the feet of clause Europeans. It is intended to give the poses, whether they be used as shops or 1819, 0 and 10 Ges. 5. e. 57, s. 9 (1) been amended so as to give power to in privilege to give the prisoner. Most which are not used for domestic pur: Land (Assessment of Compensation) Act, tive of race.
that it applies irrespec- Bot. In future, therefore, the proviso (2) Paragraph (c) of Clause 2 is in-
and 12. The Ordinance in question has also man the opportunity of moving in arrest
of judgment. The other is rather a use will apply, e.g., to ground stories used
is increase the amount which may be awarded.
the
as godowns as well as to ground stories tended to prevent claims being made on for maintenance. At present, the sun prisoners say nothing or they try to re used as shops. It must, however, be public monoys in respect of uses of the which may be awarded for maintenance open their case, it is often very distress. pointed out that the amendment may and which are not in accordance with must not exceed 20 dollars and that seems ing to juries who have just found a man have a restrictive effect alu, though this the terms of the Crown lease. Such a very small sum. It is proposed to de- guilty to hear him re-opening his cabe depends upon the legal constanction generally supported by the production of Magistrate discretion to fix any sum barn, of the slightest use.
claims are sometimes made, and they are leto that restriction and to givo
I have never known a case whore calling" which ought to be placed on the wording permits to use the land in that parti. thinks reasonable in the particular case
on the prisoner after the verdict,has of the present proviso. It is, believed cular way: Though such permits are in. I beg to move the first roading that the intention of the present proviso tended to be only temporary they Are The COLONIAL SECRETARY seconded the was that the concession should be avail often renewed from year to year for long resolution was carried and the Bill was able only where the ground stories of periods, and the argument is that the read a first time.
the first reading.
I beg to move
The COLONIAL SECRETARY, seconded, the resolution was carried and the Bill was read's first time ar