Enclosure 5.
Meeting
held on 16
16th August, 1895.
404
HONGKONG LEGISLATIVE COUNCIL.
A meeting of the Legislative Council was held on Friday afternoon, Present:-
His Excellency the Governor, Sir WILLIAM ROBINSON, K.C.M.G.
Hon. J. H. STEWART LOCKHART, Colonial Secretary.
Hon. W. M. GOODMAN, Attorney-General. Hon. A. M. THOMSON, Acting Colonial Treasurer.
Hon. F. A. COOPER, Director of Public Works. Hon. Commander W. C. H. HASTINGS, Act- ing Captain Superintendent of Police,
Hon. A. K. TRAVERS, Postmaster-General. Hon. C. P. CHATER.
Hon. Ho KAI.
Hon. E. R. BELILIOS, C.M.G.
Hon. A. MCCONACHIE.
Hou. J. J. BELL-IRVING.
Mr. J. G. T. BUCKLE, Acting Clerk of Councils.
BILLS READ A FIRST TIME.
The following Bills were, on the motion of tha ATTORNEY-GENERAL, Secouded by the COLONIAL SECRETARY, read the first time:-The River Steamers Ordinanco; au Ordinance to prohibit the defacing or chopping of British dollars; an Ordinance to amend the Trade Marks Ordinance, (Nos. 16 of 1973 and 3 of 1836), and an Ordin- anoe to further amend the Merchant Shipping Consolidation Ordinance, No. 26 of 1891.
THE MERCHANT SHIPPING CONSOLIDATION ORDINANCE.
The ATTORNEY-GENERAL-There is a Bill not on the order of the day which I propose to read the second time with your permission. The notice has been very short, and it will be for you to decide whether we shall proceed with it. It is an Ordinance to further amend the Merchant Shipping Consolidation Ordinance, No. 26 of 1891. Under our Merchant Shipping Ordinance a master is required to state the number of pas- sengers be proposes to carry on his projected voyage. In some instances after the immigrants have gone on board and been passed by the Exam- ining Offer somebody—I do not suppose it is either the owner or master intentionally, but some- body has been in the habit of introdasing perhapisi half a dozen more on board who have not been pas- sed at all. The only way this is fonod out is by comparing the number of immigrants who have gone on board at Hongkong an l basa taken, say; to Singapore, with the number on the document tequired to be given by the master to procure "the port clearance. The Protector of Chituse at "Singapore had found out that these extra persona had not passed the immigration officer, and there. fore somebody had cheated the Government of 25 cents for each examination. You might say, Why don't you prosecute the master ? But you have got to prove your case, you have got to prove that a certain member of passengers did arrive at Singapore, and affidavits would be tranless, because they are not received as evidence in criminal
Cages. The officer from Singapore would have to come bere to prove that he saw a number of persons going of the steamer in excess of the faber stated in the port clearance. That would cause great delay add it might be a great inconvenience for a Government officer to leave Singapore, come here to give evidence, and then go back again. It seems to me that the addition of the words "attempt to leave" the waters of the colony would be suffrent to meet the case. At present the law only relates to steamers which have left the waters of the colony. Now, however, if a master got under weigh with an excess of passengers it would be held that he had the intention of leaving the waters of the colony; then he is in our jurisdiotion, and you have got an officer who can say " Hera is the port clearance; there were so many pas sengers in excess." This weasure, I think, will meet the deficiency in the law, and a prompt Prosecution will doubtless put an end to the evil. The COLONIAL SECRETARY-Ì beg to second. Every hon. member will. I am sure, agree with the object of this Bill. It, as we have often heard it stated, shipping is the_life_blood_of Hoogkong, emigration is one of the most im- portant arteries and I think you will agree with me that emigration from this port should be abore suspicion. All possible steps should be taken to prevent the smuggling of emigrants on board ship and this Bill being a step in that direction, I am sure it will receive the support of all hon, members.
Hon. A. McCoNACHIE asked how a captain was to protect himself? These people were put on board and stowed away in all sorts of corners. It was an impossibility for the captain to count all the passengers, and an innocent than might be diable to protect himself.
The ACTING CAPTIAN SUPERINTENDENT OF POLICE said it was possible for an innocent man to be prosecuted, but the polies were always near the boat and the chance was very small. At present it was impossible to do anything. The other day a German steather chart ered by Chinese was found with 112 passengers on board in excess of the certified number, and the case was dismissed. There was no innocence about that.
Carried.
In Committee the ATTORNEY-GENERAL, in an swer to Hon. A. McConachie, said a master's liabi. lities commenced the moment he weighed anchor and it would be a very good thing for a master, if he found after starting that he had got an excess of passengers on board, to be able to stop his ship and communicate with the police in the harbour, and 60 get rid of the excess passengers. A new principle was not being introduced; it was only a question of prove ing the case without the inconvenience of calling people from Singapore and so that the law should not be a dead letter owing to that inconvenience,
Bill went through all its stages and passed.
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