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COUNCIL MEETING
THREE
to these personal penalties a Court or magistrate shall have power to order the forfeiture of any property in connection with which, or by means of which an offence against this Ordinance may have been committed. That property becomes the property of the Crown free from any rights of any other person whatsover. But as that may cause a hardship, power is given the Governor-in-Council to deal with any claim and make any such order as the Governor-in-Council may think fit whether as to payment out of revenue of the Colony or otherwise. The Bill also provides that offers and employees of firm and companies who knowingly are parties to any act or transaction which is an offence against this Ordinance will alan be liable to the same penalties. It also provides for very necessary machinery for obtaining information by means of search warrants, and those warrants may be issued by a magistrate in any cas There a person has sworn an information that an offence has taken place, or that an offence is anticipated. In case of emer gener, a similar order may be issued by certain executive officers on such grounds as they may think fit, though, of course, that power will only be used in case of great emergency. The Bill also provides for the carrying on of a business the management of which has been so affected by the war as to prejudice its effective continuance; also, in cases where it is Enheeded that a firm might be about to commit an offence under the Ordinance, the Colonial Secretary can apply to the Strome Court to appoint a controller and the Supreme Court shall have general and enncial power to appoint a controller who shall appoint a receiver and manager. A further clause gives power to the Governor to impose certain restrictions on the business of local branches of enemy firms, and on the business of all enemy subiects hore. It has been necessary to Et tt is elause in somewhat wide terms, but as I stated before, there is no inten tion on the part of the Government of crushing the local trader. The object of the restriction is to prevent money or itn equivalent going to enemy territory dur ing the war. The only other provision, Sir, is one which provides that no bank of a certain defined enemy character shali continue its business here excout for the purpose of winding up its affairs.
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The COLONIAL SECRETARY BEConded. Hon. Mr. POLLGOK-Sir, I would like to say a few words in answer to what has fallen from the honourable and learLed Attorney-General. The hon. and learn- ed genleman has told us that there is some misapprehension abroad as to the position of traders of German or Austrian nation- ality trading in this Colony. But, Sir. I think it would be more to the point in recommending the provisions of this Bill to our favourable consideration if he had been able to tell us what facilities are given to British traders in Germany and Austria-Hungary at the present moment, and whether in fact British traders are allowed to do business at all in those countries. Pecause, Sir, unless there is some reciprocity of that kind towards us, I fail to see why we should exercise any favour in regard to traders of those nationalities either Great Britain itself or in the Colonies. There is no reason, Sir, in a matter of this sort, why there should not be perfectly reciprocal treatment. So far as we can gather most foreign, and I certainly think British traders and merchants, have all been sent out of German territory. At all events, Sir, I think it would be an argument in favour of the treatment proposed by this Bill, if we could receive an evance that our merchants in Germany and Austria-Hungary are receiving favourable treatment as it is proposed wo should mete out to traders of those nation.
lities in Great Britain and in British Colos. There is one other point I should like to refer to in connection with the Atorney-General's speech, and that is, he pointed out, and quite justly, that an regards what we might call contracta pending at the time of the outbreak of the war, it is undoubtedly desirable that these contracts should be completed, not only from a mercantile but from a bank- ing point of view. But so far as I can gather from the Attorney-General's speech, he did not advance one single argument in favour of going beyond that, For my part, I cannot see why the words in clause 5 of this Bill regarding complet ing transactions should not appear in olause 6. I do not think anybody would be disposed to object to transactions at the time the war broke out being com- pleted: in fact, as the learned Attorney. General pointed out, it might GAUJO considerable inconvenience in business and banking circles if auch transactions were not com- pleted. But I entirely fail to see why we should carry matters beyond that: "way German and Austrian merchants in this Colony should be allowed to do any more in ordinary trading matters than they are allowed by clause 5 to do. Those, Sir, are two points which have struck me as stick- ing out prominently in connection with this Bill, and I fail to see any reason why German and Austrian traders or mer chants should be put in a different posi tion from the German and Austrian bankers. It is quite fair that pending transactions at the commencement of the war should he carried out, but beyond that, in the absence of proof of reciprocal action on the part of the German and Austro-Hungarian Governments in our favour, I do not see why we should go any further.
Hon. Mr. HaWETT-Your Excellency, I start very heavily handicapped. This is one of the most important Bills, if not the most important, that has been brought before this Council since I have had the Þur of being a member of it. I saw the Bill for the first time at 11 o'clock this morning, and it so happened that I was extremely busy and had no time to read it as ten sent. Since coming into this room I have seen the Bill with certain alterations. I had no opportunity of con- sulting any of my colleagues. One of them had five minutes' conveniation in my office this morning, and 1 Mave Sport 14 199 others here, and I think I am right and have got the support of my colleagues for what I am about to say. We recognise the seriousness of the question, and quite understand the situation in which our Excellency finds yourself Wo new por 'ectly well that this very important matter of trading with the enemy has received the earnest consideration not only of the local Government, but of His Majesty's Government at home for just abut two months. We quite realise that when at last you received your instructions you had to draw Bill which no doubt has taken a very great deal of time and consideration, and that you should naturally wish that Bill to come into effect as soon as possible. In that respect I am quite sure the whole of the British community of Hongkong will support your Excelleney, because up till now we have been in a great state of doubt as to exactly how far we could, or evuld not trade, with certain of our fellow residents here with whom we have been doing business on a most friendly forting for a great many years and with whom, we trust, before a great many weeks are over we shall resume our previous friendly relations. I quite admit that a German resident here is a distinct trade asse, and when it was my painful duty a few months ago to call upon German merchanta here, some of whom had been friends for a great many years, to express my regret that they had to resign
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