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HONG KONG,
LEGISLATIVE COUNCIL.
TWO, ORDINANCES PASSED."
FOUR NEW BILLS READ A FIRST TIME.
E.M. THE KING'S ACKNOWLEDGMENT OF COUNCIL'S
SYMPATHY.
ነ
;
At the meeting of the Legislative Council yesterday afternoon four new Ordinances were introduced and read & first time. The Ordinance amending the Magistrates Ordinance, 1590, and the Ordinance to provide for the formation, establishment and regula tion of the Hong Kong Police Resetve were passed. „
H.E the Governor presided and there were also present H.E. the General Officer Commaniling the Troops (Major-General C. C..... Luard), the Colonial Secretary (Hon. Mr. E. R. Hallifax), the Attorney-General (Hon. Sir Joseph Kemp), the Colonial Trea- surer (Hon. Mr. C. Mcl. Messer), the Director of Public Works (Hop, Mr. H. T. Jackman), the Scretary for Chinese Affairs (Hon. Mr. R. A. C. North), the Captain Superintendent of Police (Hon:. Mr. E.-D. C. Walte), the Hon. Si Shou-son, Chow, the Hon. Mr. W. E. L. Shenton, the Hon. Mr. D. G. M. Bernard; the Hon.. Dr. R. H. Kotewall, the Hon. Mr. A. C. Hynes, the Hon. Mr. J. Owen Hughes and the Deputy Clerk of Councils (Mr. E. W. Hamilton).
Prior to the commencement of the routine business, the Colanial- Secretary read the following letter which had been received from the Secretary of State :-
•
4:
"I have the honour to acknowledge the receipt of your telegram of the 28th October, transmitting an expression of sympathy with the King and Queen and the Royal Family from the members of the Legislative Council of Hong Kong on the death of the Marquess of Cambridge.
"I am commanded by H.M. the King to ask you to convey to the members of the Legislative Council Their Majesties grateful thanks for the kind messige of sym- pathy."-Signed: W. Ormsby Gore, NEWSPAPER ORDINANCE:
The Colonial Secretary seconded, and the Bill was read a first time.
VOLUNTEER ORDINANCE.
14.
The Attorney-General moved the first reading of An Ordinance to amend further the Volunteer Ord nance, 1920. He said: This Bill wakes a number of amendments in the principal Ordinance, but some
RAILWAYS ORDINANCE...
The Attorney-General moved the Erst reading of An Ordinance to amend the Railways Ordinance, 1909. He said: Th.a again, is Bill which deals almost entirely, or very largely, at least, with ques- tions of detail. The drafting of some new railway regulations show- ed the desirability, of this Bill. When those new regulations came to be drafted it was found that the powers in the principal Ordinance were in a rather peculiar condition. Que section gives the Governor-in- Council power to make regulations and one section only. That power is confined entirely to making re- gulations relating to the procedure to be followed in the case of acci- dent. For all the other regulations the power is taken away from the Governor-in-Council in the prin cipal Ordinance and given else where. For example, Section 34 which is a special section all to itaell, gives the Manager power," subject to the approval of the .Governor-in-Council, 10 fix the maximum number of passeggers that may be carried in any Jacarriage in any particular compart. ment. That acema ecarcely a mat- ter requiring a section to itself. Section 33 givee the Manager power to, made bylaws to regulate the conduct of servants of the railway: Section 3 gives him certain powers for making qules, subject to the approval of the Governor-in-Council. Many of these powers are set out in detail. but many other necessary powers are not mentioned at all. Another objection is that in certain cases it would appear that the Manager, before exercising the necessary power, would hate to make a rule to be approved by the Governor-in-Council. He might
hare" to do that, before he could spend any money or alter the speed to be observed by the rolling stock on the railway. Accordingly the present Bill collects the regulations dealing with powers into one sec lion and gives the power to the Manager subject to the approval of the Governor-in-Council,
It a'zo
The Attorney-General moved the first reading of "An Ordinance to regulate the printing of newspapers and the keeping and use of printing Presses." He said: The Press. per forms a very useful and important function in making themselves ac- quainted with the details of new legislation and in passing on that information to the public and I have of them are questions of detail expressly gives the Manager power no doubt, that they will make them rather than of principle. The chief. to do certain acts which do not selves acquainted with the details thing which led to the drafting of seem to require any rule to be made of this Bill which affects them and this Bill was the decision to form, before that power is exercised. It other printers in a peculiar degree a number of anxiliary units to be specifies exactly what he can do and only affects the general public attached to the Hong Kong Volun. without making any rules and what indirectly. It is, therefore, I think.teer Defence Corps. The proposed his powers are to make rules.
anits are a supplementary Reserve details of this Bill and I propose Company to consist of men who
have attained the age of 50 years en Army-Service Corps Cadre; Lights Section Cadre and a Reserve
unnecessary to say much about the
to confine, myself to two general questions dealt with in-it.
Clause of the Bill, which deals with the licensing of printing presses, gives power for the first time to refuse a license to keep a printing press. It also gives power for the first time to cancel a print ing press license already granted. If the Captain Superintendent of Police refuses a license to keep a printing press there is an appeal open to the applicant to the Gover nor-in-Council. The power to cancel
The Bill also increases the penalty Ordinance. I think a very cursory. for various offences under the glance at the principal Ordinance will show in many cases that fines of Officers. The members of these are much too low. For example four auxiliary units will not be re- 320 seems far too low a maximum quired to undergo any training, but for an attempt to defraud-the will be available for service in case railway administration. Fines are of emergency when they are called Benerally raised. All fines are of out. The Bill also provides that maximum level to those applied in when the three years service for similar cases in our Ordinances. which a Volunteer joins in the first instance comes to an end he is still under an obligation, if he wishes to quit the corps, to give the same a printing press license already notice of 14 days which he would issued lies with the Governor-in-have to give during his three years Council. I think that in these days period. There is some doubt on
A meeting of the Finance Com of lying and often mercenary, pro- that point at present, but now it in paganda by persons who are attack-made clear that even after the extten followed the Council meet- ing our civilisation and are bent enpiration, of the three years course ing. the Colonial Secretary presid producing disorder, it is just as well a Volunteer must give notice of his
to have these exceptional powers. irteation to quit the corps. The
The Colonial Secretary seconded, and the Bill was read a first time.
Council adjourned until Thursday.
FINANCE COMMITTEE.
Dext
Yotes amounting to $10,491, of
The other general point to which Dill also provides that the sum of which details were given in yester
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I referred is the question of re- 1893 which a person has to pay if, day's Daily Press, were approved. goiring a bond from the publisher he fails to make himself efficient of a newspaper. The law at pre-in any year will not be payable iri sent is that every publisher of a three classes of cases. In the first newspaper must give a bond in the place no one will be liable to for- sum of $1,200 conditioned on two feit this suit after reaching the age things; one that he will pay any fine of 40 years. In the second place that may be imposed on him upon to one will be liable who has be any conviction for libel, and, second- come efficient in three years whether ly, that he will pay all damages these three cara are consecutive awarded against him in any action or not, and in the third place, if for libel against the newspaper and volunteer, as may often happen, the costs of such action. That is has to leave the corps for perfectly hot being re-introduced in the pre reasonable causes the power sent Bil for this reason. "The given to the Commandant amount of the bond is quite in-exempt such 籍 person from any sufficient to cover the probable costs liability to pay a fine of 895, pro- and damages in any libel action. viding that the person has a good It is quite conceivable the costs reason for quitting the corps and alone would far exceed that amount has used reasonable diligence in It would be difficult to fix a reason undergoing the anual training up able sum which would cover what to the time of his leaving. might be the costs and damages "The Bill also provides the neces- in serious libel action. As far as bary power to order any officer or security for payment of a fine is volunteer to attendat volunteer Concerned a bond scerns" unneces|headquarters or elsewhere any court Bazy because if the fine is not paid | martial or court of enquiry or for the person upon whom it is im- any other special purpose which posed can be arrested and imprison may appear proper to the Com- ed, or a distress warrant can be mandant. Anyone who fails, with issued and the goods of the news out reasonable cause, to comply paper seized. In the case of any with that order is liable to a finë | substantial newspaper there is no recoverable before a magistrate. It doubt that the fine would be forth-seems obvious that if a court coming. If the fine was not forth martial or court of enquiry is to ing the probable result would be he held there must be power to that the abnoxious newspaper require attendance of witnesses and would close its doors and the cer- others. Any Evil court would havé Bons concerned would disappear, that power and these courts martial which would be, perhaps, a very should have it too. There may be good result in the circumstances. aleo other special cases in which
The Colonial Secretary seconded; the power will be necessary. and the Bill was read a first time.
PRISONS ORDINANCÉ. The Attorney-General moved the fret reading of An Ordinance to Amend the Prisons Ordinarice, 1899. He said: This Bill will not make,
Perhaps I might refer here to the regulations which it is proposed to maka when this Bill is passed, The draft of the regulations has been published in the Gazette. They contain provisions relating to the mambers of the auxiliary units, and they also comprise two things which I think, any substantial change in I think may be of some interest In the law. It is rather a Bill to re the first place volunteers who have move doubt. It makes it clear, for been declared efficient in three example, that there is power to set years have to undergo only a modi apart award in the Government fed training. In the second place Civil Hospital as a prison for men who have served in His prisoners who cannot properly be Majesty's regular forces or in the treated in the prison hospitalit Volunteer Defence force in Hong makes it clear that there is. Tull Kong or in His Majesty's Dominion power to move prisoners from one or in certain other forces mention prison to another and from a prisoned in the regulations will not ch to hospital and back again; it also joining the Hong Kong Volunteer makes clear the provision of the Defence Corps, be treated as re principal' Ordinance relating to the cruits. introduction and use in prisons of prohibited articles such as liquor, opium and tobacco.
HE. The General Officer Com manding the Troops seconded and the Bill was read a first time.
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