difficulties about it. I do not suppose that any practical injustice will be done in preventing junks which have a manifest carrying opium which they have neglected to enter in their manifest. It seems to me that protection should be correlative with the danger to which ships are exposed, and if the hon. member will look at section 33 he will see by what things ships are rendered liable. Of course, if a junk, a sampan, or a boat has not a manifest the opium will not have to appear on it, as that would be an obvious impossibility. If any hon. member wishes to say that this shall not apply in the case of any ships not having a manifest he can of course do so, but it would be mere tautology.
Hon. T. H. WHITEHEAD-I take it that this is an Ordinance to protect the rights of steamers?
His EXCELLENCY-I am not prepared to say that; it is one of the objects no doubt. The Government is not prepared to accept the amendment substituting the word "steamer" for "ship."
The Attorney-General, in my humble opinion, has shown good reasons for not changing it, and my instructions on the point are quite explicit. (His Excellency here read an extract from the instructions received from the Secretary of State.) Both on that account and because I consider the reasons shown against the amendment by the Attorney-General are very forcible, the Government is unable to accept the amendment.
Amendment put.
FOR.
AGAINST.
Hon. T. H. Whitehead
The Attorney-General
The Registrar-General
The Colonial Treasurer
The Harbour Master
Hon. C. P. Chater
Hon. E. R. Belilios
Hon. J. J. Keswick
Hon. E. Bowdler
Amendment lost.
On the latter portion of the same clause, Hon. T. H. WHITEHEAD moved that taels 10 of opium should be allowed in the possession of any person on board any ship bound for Canton or Macao.
A conversational discussion ensued, Hon. T. H. WHITEHEAD eventually moving that only 2 taels weight be allowed.
The amendment was put.
FOR.
AGAINST.
The Colonial Secretary
The Attorney-General
Hon. C. P. Chater
The Harbour Master
Hon. T. H. Whitehead
Hon. J. J. Keswick
Hon. Ho Kai
Hon. E. R. Belilios
Hon. E. Bowdler
Amendment carried.
On clause 3, which provided that all opium found on board a ship and not on the manifest should be forfeited to the Crown, and, further, that "if the Opium Farmer shall within one week after such forfeiture, prove to the satisfaction of the Governor in Council that any opium so forfeited was not covered by a certificate under section 12 of the principal Ordinance, and that he was not privy to its being brought on board the ship, the Governor in Council may, if he thinks fit, order such opium so forfeited or any part of it to be delivered to the Opium Farmer."
Hon. T. H. WHITEHEAD moved to insert words which would make it incumbent on the Farmer to prosecute the guilty party to conviction.
His EXCELLENCY said he could not possibly accept such an amendment, and added "One thing I cannot do is to make it harder for the Farmer than I have been told to."
Hon. T. H. WHITEHEAD asked the Hon. E. R. Belilios, as the representative of the Steamboat Company, to second his amendment.
Hon. E. R. BELILIOS seconded.
Amendment put.
FOR.
AGAINST.
Hon. E. R. Belilios
The Attorney-General
Hon. T. H. Whitehead
The Registrar-General
The Colonial Treasurer
The Harbour Master
Hon. C. P. Chater
Hon. J. J. Keswick
Hon. E. Bowdler
Amendment lost.
Upon section 4,
The ATTORNEY-GENERAL moved that it be amended in several respects and read as follows: "Any opium forfeited to the Crown under the preceding section, not ordered by the Governor in Council to be delivered to the Opium Farmer, shall be disposed of as the Governor in Council may direct. No Police Officer or other person having any opium seized under the preceding section in his possession for the purpose of retaining the same until forfeiture or until its disposal is determined upon by the Governor in Council or afterwards for the purpose of giving such effect to such order of disposition shall be liable to any penalty under the principal Ordinance by reason of such opium not being accompanied by a certificate under section 12 of such Ordinance or otherwise."
His EXCELLENCY said this amended clause as it now stood met two very strong objections raised by the counsel for the Farmer, and would render it much more difficult for him to succeed in any case he might take into Court; in fact, the amendment really took away any chance he ever had of success.
Hon. C. P. CHATER urged that it was a pity that valuable property should be destroyed and suggested that the opium should be sold to the Farmer at the market rate.
The ATTORNEY-GENERAL said there were difficulties in selling to the Farmer, as he was the only purchaser, and only quite recently he offered not even the value for a certain quantity of opium, and rather than accept it the Government destroyed the drug.
Hon. C. P. CHATER thought that a clause ought to be put in the contract that if the Farmer should take such opium at the proper rate.
His EXCELLENCY said that it was undesirable to put too many conditions into the terms of the contract as it affected the tenders.
Eventually the words "shall be disposed of as the Government may direct providing that it be not sold during the existence of the existing farm" were inserted, and the clause stood part of the Bill.
Hon. C. P. CHATER-I will now ask your Excellency to allow a suspending clause to be added to the Bill in order that it may not be made law until approved by Her Majesty's Government at home.
His EXCELLENCY (to Hon. E. R. Belilios)-Have you any objection?
Hon. E. R. BELILIOS-I object, most decidedly.
His EXCELLENCY-My instructions are to pass this Ordinance and to pass it at once and apparently irrespective of what the Opium Farmer may say in the matter, and I incur a certain measure of responsibility if I deviate from those instructions. At the same time as I understand there is a feeling amongst the unofficial members that it would be well to introduce a suspending clause if, on a division being taken there is a majority of unofficial members for the introduction of the suspending clause, I will agree to have the clause, on the understanding that the Council pass the Ordinance to-day or to-morrow, whichever is most convenient. On the third reading it is open to move that the Bill be recommitted and as the Attorney-General is leaving on Wednesday it is very desirable to have everything settled in the direction of altering the Bill while he is here and not after he has gone.
Hon. C. P. CHATER-I am quite agreeable to your Excellency's proposal, and I would be prepared if the majority of unofficials is with me in this matter to have the third reading to-day.
The motion to add a suspending clause deferring the operation of the Ordinance until after the Secretary of State's decision was then put.
FOR.
AGAINST.
The Attorney-General
Hon. J. J. Keswick
The Colonial Treasurer
Hon. E. R. Belilios
The Harbour Master
The Registrar-General
Hon. C. P. Chater
Hon. Ho Kai
Hon. T. H. Whitehead
Hon. E. Bowdler
Clause carried.
Council resumed.
The ATTORNEY-GENERAL-I beg to move that the Bill be read a third time and do pass.
Hon. C. P. CHATER-I second that motion.
Bill read a third time and passed.