Page
HONGKONG LEGISLATIVE
i
COUNCIL.
THE HONGKONG HAILY PRESE, FRIDAY, DECEMBER OTH, 1971
turned out and may find it very dißenlt
FINANCE COMMITTEE.
A meeting of the Finance Committee followed, the COLONIAL SECRETARY Pre- siding:--
TITION AND RAINSTORM DAMAGEƏ, " The Governor recommended the Council
to vote a sum of $7,000 in, aid of the vote Public Works, Recurrent. Hong
indeed to find accommodation chewhere. The main justificatión for protecting the A meeting of the Legislative Council | luamos of hotel and boarding-house Leopars was held in the Council Chamber, yester is that by doing so one is protecting the Hay. There were present:
boarders and preserving their ascom- HIS EXCELLENCY THE GOVERNOz (Sir modation. Perhaps I ought to explain REGINALD EDWARD STUBBS, K.O.M.. why the Ordinanes does not go further HIS EXCELLENCY THE OFFICER COMMAND and deal with the rent charged by board-ong. Miscellaneous (17) Typhoon and
ING THE TROOPS (Lieut. General Siring-house and hotel keepers, to their CHORGE MONTAGUE KIRKPATRICK, guests. The reason is that the rents E.O.B., K.C.SI.)
charged to guesta involve, very often, Hon. Mr.
O.M.G.questions of the hire of furniture, cost
CLAUD SEVERN, (Colonial Secretary).
Hon. Mr J. H. KEMP, K.O.,
(Attorney-General).
of food and payment for personal service 0.B.E. and it has not been found possible to deal with those somewhat complicated ques Hoa. Mr. C. McI. MESSER, O.B.E tions and to restrict in any way the rates charged by the keepers of hotels and (Colonial Treasurer).
boarding-houses to their clients. I beg to move the first reading:
43
Hon. Mr E R. HALLIFAX, O.B.E.
(Secretary for Chinese Affairs),
Hon. Mr. E. A. IRVING (Director of
Education).
Hon. Mr. T. L. PARKING (Director of
Public Works)..
Hon. Mr. H. E. POLLOCK, K.C.
Hon. Hì. Lat CEU-PAL.
Hon, Mr. A. G. STEPHEN.
Hon. Mr. H. W. BIRD,
Hon. Mr. A. O. LANG...
Bon. Mr. Chou Sou SON.
NEW MEMBER.'
Mr. CHOU SOU SON took the prescribed oath and his sect 88 & member of the Council in succession to Mr. Ho Fook.
MINUTES.
The minutes of the last meeting of the Council were approved and signed by the President
FINANCEL
The COLONIAL SECRETARY seconded, and the mation was carried.
The Bill was read Erst time.
THE PENALTY OF STOCKS.
Rainstorm Damages
PERSONAL EMOLUMENTS. The Governor recommended the Cofmail 'so vote a sum of $6,500 in aid of the vote Colonial Secretary's Office, Personal Emoluments.
The CHAIRMAN This is due to the revision of clerical emoluments, in the Colonial Secretary's Office, since the states for this year were drawn up and the adoption of the sliding scale on The CHAIRMAN: This vote in the Eatiwhich sterling salaries are now paid. are to Celeber Hith was 825,298. Since mates is 892,000, but the total expendi Approved. that date a more accurate statement has been prepared and it shows that the total expenditure is 399,000: Therefore, $7,000 is required.
Approved.
GRANT IN AID OF CANTON HOSPITAL FOR THE
··· INSANA.
The Governor recommended the Council' to vote a sum 810,000 in aid of Charit able Services Grant in aid of Charitable Institutions, John G. Kerr Hospital. Canton.
The CHAIRMAN: This $10,000, a build ing great for the Hospital for Inane at Canton, has already been approved by honourable members.
Approved.
BLEUTELO LIGHT COUTS.
The Governor recommended the Council'
CHARITABLE SERVICES.
The Governor recommended the Council to vote a sum of 8580 in aid of the following yotes:-- Charitable Services:
Charitable allowance to John
Dowling at Sydney
* 60.00 Passages and relief of Dostitutes 500.00
Totul
2560.00
was, made at Sydney in the case of a The CHAIRMAN: An increase of charges lunatic, and certain extra charges have Allen on the vote for the relief of destitutes.
Approved
די
PUBLIC WORKS IN NEW TERRITORIES. vote Public Works Establishment. Other to vote a sum of $3,000 in aid of the to vote a sum of $4,000 in aid of the The Governor recommended the Council Charges, Electric Fans and Light
The CHAIRMAN: This sum is required invote Public Works, Extraordinary, New respecs of the Post Office building and Territories, Miscellaneous, (88) Miscel the Courts of Justice. The estimates were made before it was decided to pay these charges from this vote.
Approved.
A TREASURY VOTE. The Governor recommended the Council to vote a sum of $8.000 in aid of the Treasury, Stamp Office, Other Charges, Stamps, etc.
voto
The CHAIRMAN: Under the new Stamp Ordinance a large number of stamps had to be altered and the cost of making stamps has gone up. This is to pay for the extra amount required.
Approved.
The ATTORNEY-GENERAL moved the frat reading of a Hill intituled An Ordinanca to regulate the imposition of the penalty of stocks. He said: Under the present law the punishment of stocks may be im Mr. S. B. B. McELDERBY (Clark of posed for any felony or any offence
Councils).
declared to be a misdemeanour, with one or two important exceptions. It in con- sidered, now, that this somewhat anti- quated penalty should be restricted in its use and the principle adopted in this Bill is that it should be confined to some cases where some public advertisement of the circumstances of conviction appear desirable. The offences to which, in future," the punishment will apply may be: cases of kidnapping, trafficking in women and girls for the purposes of pro- stitution and living on the proceeds of prostitution. These are particulary serious offences and offences which there is a good deal of temptation to people to commit. It seems desirable that those members of the community who are tempted to commit these offences should be reminded from time to time that such offences are traced and punished, and perhaps the punishment of stocks is the most useful way in which such convictioni may be advertised. I should mention that Bent silowance............. the Bill provides that, in case of a sument of Public Telephone............ mary conviction, no sentence of stocks Transport of Government servants of seven clear days from the date of con- can be carried out until the expiration viction. That is in order to allow time to apply for a re-hearing or leave to appeal. I beg to move the first reading.
"The COLONIAL SECRETARY seconded, "and the motion was carried.
The COLONIAL SECRETARY, by command of H.E. the Governor laid on the table Financial Minutes Nos. 199 to 133, and moved that they be referred to the Finance Committee..
The COLONIAL TREASURER seconded and the motion was agreed to.
The COLONIAL SECRETARY, by commiand of H.E. the Governor, laid on the table the Report of the Finance Committee (No. 14), and moved that it be adopted.
The COLONIAL TREASURER seconded and "the motion was agreed to.
REGULATIONS.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table Regulations made by the Governor in Council under the following ordinances: Vehicles and Traffe Regulation Ordi. nance No. 40 of 1932; Police Force Ordi Bance No. 11 of 1000; Rating Ordinance, No. 8 of 1001; Stamp Ordinance No. 8 of 1821. All these regulations were published in the Government Gazette during the month of November, Also, Regulations made on December 1st | under the Electricity Supply. Ordinance No. 19 of 1911; and a casional paper giving the quarterly return of excesses on subheads met by savings under head of expenditure for the third quarter of 1921. ALLLORD SER-LETTING OF OFFICERS' QUARTERS.
4
BOMIC
The Bill was read a first time. The objects and reasons attached to the Bill state:
1-The object of this Bill is to abolish the pennity of stocks except for the offences of kidnapping, traffic in women and girls for the purposes of prostitu tion, and living on the proceeds of pros titution.
2-It is considered that this penalty should be restricted to cases where the offender has something substantial to lose by publicity being given to his con- that such convictions should be made viction, and where it is important a public as possible in order to
MISCELLANEOUS SERVICES,
. է
The Governor recommended the Council to vote a sum of $144,524 in aid of the following votes:-
Miscellaneous Services:-" Newspapers and periodicals.......$ Printing and binding Civil Ser-
Vice list
Miscellaneous papers... Ordinances, etc.
Total
laneous Works.
The CHAIRMAN: Hon. members will remember that when the Financial Minute i for Miscellaneous Services for 20,000 was brought before the Council, recently, it was decided to cut down the vote from, 29.000 to $3,000 and bring forward on- other vote later when more items had market at Kowloon City and $400 for a arisen. The 8800 required for a matched road to Shengshui Police Station That was brought up a little time ago and it' was decided to wait. The total number of small charges now to be debited against the 83,000 which is asked for amounts to 22,500, leaving 2500.
Approved.
י
A RAILWAY YOTE...
The Governor recommended the Council 300 to vote a sum of 8301 in aid of the vote Kowloon-Canton Bailway, Special Ex- penditure, Wagons,
· 124 25,000 1,800
The CHAIRMAN: This vote was taken 30,000 va
the 12th September. $91,213 was 2,100 voted an acesant of these wagons for the 105,000 railway but since that further debits have appeared in the Crown Agents' $144,324 accounts in respect of the wagens; name- ly, inspection ebarges, $285.57; 1 per cent. on surveys, 83.44 and additional war risk at this time of day-brings the total to insurance do aut know what that is $300.ST. We ask for $391.
The CHAIRMAN: If hon. members like, considerable amount of additional pay this Financial Minuté, which involves à ments under certain votes and has act been seen by hon. members, can over, or, I will ask the Treasurer to explain the reasous for some of the three large items which make up the total.
stand
The COLOSIAL TREASURER: The m required for Miscellaneous Papers is due to the Gaol not being able to cope with the printing and some of it had to be done by the Government printers. As to the vote for rent allowance a larger nur ber of people are entitled to this, and with regard to the vote for transport of Government servants, more people had applied for passages and since the Esti- mates were prepared, exchange had gone companies have not reduced the fares, down from 38 4id. and the steamship but had increased them.
Approved.
*
The vote was approved.
A WILL DISPUTE,
QUESTION OF IDENTITY.
Bichly apparelled, a young man named Cheaung Thyegan, who lays chapter e share in an estate worth millions, left by a Chinese tin mine owner in Penang gave evidence, yesterday, in an action before Sir Wm. Rees Davies in the right, prove a local version of the famous Supreme Court) which counsel hinted Tichborne case.
The Hon. Mr. H. E. POLLOCK, K.C., asked the following questions:-
With reference to the letter from "Brown Bugar," headed Government Officers Quarters" ia the South China Morning Post of Friday, November 18th, in which
deter "others. It seem desirable that it is stated that Government. Officers, certain members of the public should
Mr. C G. Alabaster (instructed by occupying
Government Quarters are, be reminded in this way that kidnappers,
FOR COMPENSATION AND RESUMPTIONS. several of them, sub-letting part of their for instance, and persons who traffic in
The Governor recommended the Council Messrs. G. K. Hall Brutton & Co.) is quarters to relatives, and friends, for
to vote a sum of $10,000 in aid of the for the suitor and the defendants-the personal proft, will the Government tracked down and punished. Convictions Toon, Public Health and Buildings Ordi- by Mr. Eldon Potter and Mr. F. C. women and girls, are, from time to time vote Public Works, Extraordinary, Kow.Executors under the will-are represented 1-How many instances of such sub. for larceny on the other hand are so commande, 1903, (86) Compensation and Re-Jenkia (instructed by Messrs Deacon,
Locker Deacon and Harston). mon that no publicity is necessary, and sumptions. letting exist and in respect of what Gov- the deterrent effect of stocks as a punish- ernment Quarters?
The CHAIRMAN The vote is $30,000. The plaintiff claimed a share in the -Ia suck sub-letting permitted by the
ment for serious offences like armed rob- The sum expended under the vote up to estate on the grounds that he had com- Government or not? If so what condi-bery is hardly appreciable in the case of date is 913,647, but the amount remaining plied with the conditions stated in the tions or regulations govern such permais criminal who is prepared to run the to be paid to the China Light and will that, after attaining the age of 18 risk of flogging and a long term of im-Power Co. for their late premises ander and before reaching 22, he acknowledged Prisonment.
the arrangements made with them when the family name and his ancestors with getting the land for new premises is all proper ceremonies according to $10,000, which has to be paid now. That Chinese custom. He declared that being brings the total to $53,647. It is now 28 years of age he had made the estimated resumptions up to the end of stipulated acknowledgments, but that the the year a sum of approximately 36,353 defendants had neglected to pay him the will be required, which makes a total incomes bequeathed to him. of $60,000. Therefore, 910,000 is asked for
-ion 1
3.Will the Government lay upon the table a copy of such conditions or regula- tions!
The COLONIAL SECRETARY replied: Sub- letting is not permitted and there is no reason to believe that any cases have -occurred.
The fact that the writer of the letter to which the honourable member refers has made his accusations against the pro. bity of Government officers under the sbolter of anonymity instead, of signing his name like an honest man, seems to afford sufficient evidence that he knows them to be untrue.
AMENDMENT OF THE RENTS
ORDINANCE. :-
Court."
3-Clause 2 of the Bill defines "the
4-Clause 3. sets out the offences for which the punishment of stocks may be imposed, and provides that in the case of a summary conviction this form of sentence shall not be cur- ried into effect until the expiration of seven days from the date of the sentence, this provision being inserted to allow an appeal against the sentence. This clause also limits the imposition of stocks by providing that male offenders only shall be se punished, and further adds a power for the Supreme Court to impose this penalty after conviction on indictment.
5. Clause 4 provides the machinery for carrying sentences of stocks into effect.
6.Clause 6 repeals the existing sec- tion of the Magistrate's Ordinance, 1890, authorising the penalty of stocks.
TREATY OF PEACE · (HUNGARY)
ORDER.
the motion was carried..
The COLONIAL SECRETARY BCConded, and
The ATTORNEY-GENERAL: I beg to move the first reading of the Bill intituled An Ordinance to amend further the Beats Ordinance, 1921. The original draft of the principal Ordinance excluded hotels and boarding-houses, altogether, from the acope of the legislation. It was after. wards found, on representations made by
The ATTORNEY-GENERAL moved the second keepers of Chinese hotels and boarding reading of the Bill intituled An Ordin- houses that dangers existed and that the ance to modify certain provisions of the rents of the premises on which such hotele Treaty of Peace (Hungary) Order, 1921, and hoarding-houses were carried on may for the purpose of adapting the provisions be unduly raised. In the Bill, as of the Order to the circumstances of the -eventually passed, provision was made Colony of Hongkong.
for including under the Ordinance lessees of Chinese hotels and hoarding houses "No dangor was then anticipated in the case of non-Chinese hotels and boarding. houses but it has been found since that these are subject to the same risks as Chinese notols and boarding houses and The COLONIAL SECRETARY Seconded, and the object of the Bill is to bring them it was agreed to. within the scope of the legislation. The In Committee a verbal amendment was reason for protecting hotel and boarding made in Clause 3 by the insertion of the house keepers against undus raising of words, or by any order amending the their 'reats is, of course, partly to protect game," Clause 4 was omitted entirely." them personally, but also-and this is The Council then resumed. probably the more important point-to enable premises where a great number of people are housed to be carried on ae hotels and boarding houses. There is a danger, if renta are raised too high, that keepers of hotels and boarding houses may be driven out of business and the result is that a large number of persons H.E. THE GÓyznwon: The Council will who live and carry on business here are l'adjourn until 1.30 pm, on this day week."
The Bill was read a second time. The ATTORNEY-GENERAL moved that the Council go into committee to consider the Bill clause by clause.
motion, of the ATTORNEY-GENERAL seconded The third reading was approved on the by the COLONIAL SECRETARY.
The Bill passed into law accordingly.
THE ADJOURNMENT...
Approved.
̈* WATERWORKS VOTE.
now
The Governor recommended the Council to vote a sum of $45,000 in aid of the
The defendants denied that the plain- tiff was Cheang Thyegan who, they de clared, died 24 years ago. They alleged that he was only an adopted son and was now impersonating Cheaung Thyegan
Mr. Alabaster spent some time, whilst vole Public Works Recurrent Hook-opening the plaintiff's case, in explain- song." Waterworks (19) Maintenance of ing the ramificativas of the testator's City and Hill -Districts.
Another was sometimes spoken of as the committed suicide in Hongkong in 1903. household. He had ten concubines. One
works (Maintenance of City and Hill The CHAIRMAN: The vote for Water districts) is $160,000. The estimated European" wife but counsel thought 8203,000 and the balance of $45.000 is concubine was the mother of the plain- expenditure to the end of the year is she was possibly a Malay. The tenth asked for. The reason for this largo intiff. She was still alive but was generally crease is that the consumption of water known as Crazy No. 10. She had her during the year has risen from 2.739 lucid intervals, however, and could be million gallons to 2,950 million and brought to Court if necessary. At phe that that has necesitated considerable time he made the will the deceased bad extra pumping at Tytam Tuk. Owing to had nine sons by these women and also the absence of any rains this year after had an adopted son who ranked as No. the end of September the amount that 1" because he was brought into the had to be pumped was over 1,200 million family before the others were born. All gallons as compared with 770 million ten were mentioned in the will. gallons last year.
Approved.
The Governor recommended the Council to vote sum of $3,000 in aid of the rote Public Works, Recurrent, Hongkong, Waterworks, (22) Water Account, (Meters, etc.).
The will mentioned a natural son of his Bon. The defendants said he was not mother. The plaintiff said he was that because that son died and also because he (the plaintiff) was adopted by the natural son's mother. Evidence would be given by witnesses who had known the plaintiff from birth to show that there could not have been any substitution.
She was the to
The CHAIRMAN: The estimated expen diture to the end of the year under this heading is $21,000. The vote is $12,000 and a supplementary vote was taken on his being a natural son was that when Another circumstance which pointed to August 10th for 88.000, making 818,000. the funeral of the concubine who com- The extra amount required is due to the mitted suicide took place he was taken fact that a very large number of new along as chief mourner. houses have been completed and occupied sixth concubine and had no sons many meters have been taken from the the chief mourner had to be a son by this year with the reaalt that a great mourn her. According to Chinese custom store and charged to this vote. Also, the same father and by a concubine of many more meters have been repaired, lower degree. The plaintiff, being "a These had become defective, allowing blood relation and the son of the tenth water to pass without being registered concubine, was therefore, the proper The fovenue, under exters consumption person for the post which, had he been has been increased.
an adopted son, he would not have been Approved.
allowed to take
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