14520
RED 5 AL 17
Solicitors.
Deacons & Hastings
HongKong
(Copy) Grant
of
Opium Privileges 1895-98.
Enclosure 4.
#4520
Report from Waily dress of
45 Mean 1897 REGE 5 UL. 7
HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held at the Connell Chamber yas terday afternoon. Present -
His EXCELLENCE the Governor, Sir WIL LIAM ROBINSON, K.C.M.G,
Hi EXCELLENCY Major-General BLACK, C.B. (Oliver Commanding the Forces).
Hon. J. H. STEWART LOCKHART (Colonial
Secret M. GOODMAN (Attorney-General),
Hon T. SERCOMBE SMITH Treasurer).
Hon
Works
(Colonial
F. A. COOPER (Director of Public
Hon. F. H. MAY (Captain Superintendent of Police). Fone Hon.
R.
Master)
MURRAY RUMSSF (Harbour
Hon. C. P. CHATER.
Hoz. T. H. WHITEHAD.
Hon. E. R. BELILIOS, C.M.Q.
Hou. Ho KAI.
Hon. WEI A YUZ.
Mr. J G. T. BUCKLE (Acting Clerk of Councils).
NEW MEMBER.
Hon. T. Sercombe Smith was sworn in on taking his seat as Colonial Treasurer.
THE SANITARY MAINTENANCE OF OPIUM DIVANA.
The COLONIAL SECRETARY-1 beg to bring
up certain by laws made ander sub-Sections 4, 12, and 13 of Section 13 of Ordinance 24 of 261887 for the cleansing, lime-whiting, and sanitary maintenance of opium smoking divane and for the prevention of overcrowding therein, and I beg to move that they be approved.
the
The COLONIAL TREASURER seconded,
Hon. T. H. WHITHRAD-In reference to
question of opium divans I understand that this morning a petition was add
was addressed to the
Couuoil by the
Governor
by the opinm farmer applying to the
in Council to be heard by
Counsel
in connection with these by-laws. hare a copy of the petition in my hands. Rale No. 52 of the Standing Rules and Orders reads In any case where individual rights or interests of property may affected by any proposed Bill, all parties in
be peculiarly terested may, upon petition for that purpose, and ou motion made, seconded, and carried, be heard in Council, or in Committee thereof, either in person or by counsel." I that this is a case where the spium farmer
submit, Sir. should be heard by Council before theses by laws are brought into foren. A copy of the petition from the opium farruer, dated as long ago as January of this
out by the opizm farmer
mer in that petition is, in my opinion, s very good one.
Don. T. H. WHITEHEAD then read the
to
me,
and the case has been submitted
and proceeded-I think, Sir, this 13 a case where the opium farmer ought
to be heard by his counsel and I bag to move that he be now haard,
Hon, C. P. CHATER-From the petition just read it
appears that the opinm farmer at sili events thinks
be will be injuriously affected by these by-laws, should they be passed. Without going into the question of whether or not he will be injuriously affected I am of opinion, as he says he will be affected, that he should be allowed to
to represent his case by conusel. I have therefore much pleasure in seconding the rosolution.
The ATTORNEY-ÛSTÈKAL-I would like in the first place to point out that I am not aware
of
f any power under the Standing Orders for counsel to be heard as suggested by the hon. msiber. The hon. member, when he read the Standing Order No. 52, did not seem to quite appreciate the wording
The words are
which uray
auy case where individual rights or interests of property may be affected by any proposed Bill." eto.; that it Ordinance brought forward to say, any prejudinally affect property. I have yet! to learn that counsel can be heard in this Legislative Council when by-laws I being brought forward. Bills are not by-laws and there is nothing in the Standing Orders to give any such power. It seems to me that the petition will speak for itself, and I do nos know that even if counsel were heard more could be said upon the subject. For some time past it has been discovered at all events during the past year the matter has been prominently brought to the attention of the Government-that the opiam
divans were terribly overcrowded at night and that they therefore formed an excel-
lout place for the propagation of disease. It is desirable in the interests of the people in this
colony to stop the propagation of disease and the Government is now doing all in its
The Ser
to stop such propagation. Board called attention to the state of these divaus, but it is not proposed to put
any дере
Rearly
foros which have
hat power, but been in force
for
into
powers
ten years. These powers are under Ordinanes 24 of 1887--the Public Health Ordinance-and
cum
We
Section 13 provides that the Sanitary Board shall have power to make by-laws for the sanitary maintenance of common lodging houses, opinm smoking divans, factories, to. It will be fresh within the members' recollection that diffl- calties arose about the common
lodging
houses difficulties which have now been
now been surmounted. were told that there were insuperable objen- tions, but all those terrors are passed. Common lodging houses are now properly conducted and what is now required is that smoking divans should conform to the ordinary principles of health and that they should not form centres for the propagation of disease in the It may be thought that the Government was eotany. asting hardly with the opium farmer uzd oppressing him,
him, but the by-laws were ranghly drafted, and on the 22nd October, 1880, the opiam farmer having been furnished with copy, presented his petition, embodying hia objections and asking that the by-laws should not be enforced.. Considerable
Dated 24 February 1895
d