94
THE
HONGKONG LEGISLATIVE COUNCIL
Magistrates' Ordinance
ATTORNEY-GENERAL moved the second reading of the Bill intituled, "An Ordinance to amend the Magistrates' Ordinance, 1890, and for purposes con- nected therewith." In doing so
he said:-
Clause 2 and 3 of the Bill, Sir, which are the most important portion of it are to enable the Magistrate to proceed ex parte upon failure of a defendant who is sum- moned to appear. The Magistrates here have no power to proceed ex parte unless the summons is merely one which asks for an order; they have no power to convict and fine. That power has existed in Eng land for at least 68 years and these two clauses assimilate the law here to that in force in England. Clause 4 is an auxiliary clause to make it quite clear that these provisions will apply to every summons issued after the commencement of this Ordinance, even if the act for which the summons is issued was done before the Ordinance was brought into force. Clause 5 proposes to raise the maximum fine in cases of indictable offences, tried summarily, to $250 instead of $100. This amount is generally in force in England, and the maximum of $100 seems too low for the ordinary cases of indictable offences tried summarily. Clause 6 is intended to give the Magistrates power in all cases. if they think fit, to impose a fine instead of imprisonment. In most cases here already they have power, but in a few cases the powers do not exist and inconvenience has been felt on more than one occasion.
The Magistrates have felt that punish- ment by imprisonment was too severe, but they have had no option but either to imprison or to discharge the defendant without any punishment at all. Clause 7 is intended to give a different title to Ordinance 28 of 1913 from the title to Ordinance 3 of 1913. I beg to move the second reading.
THE COLONIAL SECRETARY second- ed, and the Bill was read a second time.
Council then went into Committee to con- sider the Bill clause by clause.
The Bill passed through Committee without amendment,
Council resuming,
and
on
ATTORNEY-GENERAL THE that it be read a third time.
moved
THE COLONIAL SECRETARY second- ed, and the Bill was then read a third time and passed,
Chinese Passenger Ships
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, "An Ordinance to amend and consoli- date the law relating to Chinese Passenger Ships' as defined by the Chinese Passengers' Act, 1855, and con- cerning Asiatic Emigrants generally." In doing so he said:-
This Bill, Sir, has received very careful consideration both here, and by the Secre- tary of State, and in the Straits Settle- ments, and a long time has elapsed since its first introduction. Generally the object of the Bill is not to effect any great changes in the law, but to classify and simplify the somewhat disconnected provi- sions of the present Chinese Emigration Ordinance, to bring it up to date, and to omit provisions which at the present day are obsolete and unnecessary. The chief differences between this Bill and the pre- sent law are that all reference to contracts emigrants is omited, contract emigrants being a thing of the past; a number of sections dealing with illegal fittings on emigrant ships are left out because the state of things aimed at by these provisions no longer exists; voyages are classified into two divisions, long and short; and the provisions of the Bill relating to medical requirements, life-saving apparatus, and the penal provisions, are collected and arranged in more convenient form than in the old ordinance.
The
Additions have also been made to the schedules providing for the case of Indian emigrants, who are not provided for in the present law. Bill is largely a technical one, and I do not think it is necessary for me to go añу further into the Bill, but if questions arise in the course of the passage of the Bill through Committee. I shall be very glad to give any explanations that I can with regard to then. I beg to move the second reading.
THE COLONIAL SECRETARY second- ed, and the Bill was read a second time.
Council then went into Committee to consider the Bill c'ause by clause.
On Clause 17, emigrant ship to carry only free emigrants,"
HONGKONG LEGISLATIVE COUNCIL
HON. MR. LANDALE asked-Does that refer to assisted emigrants or are they recognised as free emigrants?
24
THE ATTORNEY-GENERAL replied that Clause 2 defined free emigrants. Assisted emigrants were those who were assisted by payment of passage money or otherwise.
On Clause 27, "medical inspection, of assisted emigrants,"
HON. MR. LANDALE-Is it necessary to have assisted emigrants inspected twice?
THE GOVERNOR-It is, apparently, under this clause.
THE COLONIAL TREASURER It may be dispensed with.
9623
HON. MR. LANDALE asked if the Straits' Government recognised a Chinese medical practitioner, after approval by the Governor here?
THE ATTORNEY-GENERAL replied that he believed that they did not, and all ships carrying emigrants to the Straits Settlements would have to comply with the immigration laws of that Colony.
HON. MR. POLLOCK-It does not seem right to approve of them if they are not recognised. A difficulty would be created.
THE GOVERNOR-In many places they the recognised now.
There were some slight amendments to clauses 42 and 44, and also slight altera- tions to schedule 4.
On Council resuming,
THE
ATTORNEY-GENERAL
HON. MR. LANDALE-But why should that the Bill be read a third time. they be inspected twice, if the others are only inspected once. Is not once suffi- cient ?
―
THE COLONIAL TREASURER It might be dispensed with, with the sanc- tion of the Governor.
THE ATTORNEY-GENERAL said that they would always have power to dispense with the second examination.
THE SECRETARY FOR CHINESE AFFAIRS said that this was introduced to prevent impersonation. The second examination was done by the Medical Officer, who was always on board.
HON. MR. POLLOCK-The trouble is that certain people receive advance pay- ments and then get a substitute.
THE SECRETARY FOR CHINESE AFFAIRS-Also, undesirable emigrants are substituted.
THE GOVERNOR-There has been a lot of trouble through substitution formerly. This is the existing law, is it not?
THE SECRETARY FOR CHINESE AFFAIRS-It is existing.
THE GOVERNOR If there is any real objection it can be dispensed with.
On clause 30, "right of Chinese medical practitioner to be surgeon of a ship,"
moved
THE COLONIAL SECRETARY second- ed, and the Bill was then read a third time and passed.
FINANCE COMMITTEE, A meeting of the Finance Committee followed, the Colonial Secretary presid- ing.
Compensation
The Governor recommended the Coun- cil to vote a sum of $2,000 in aid of the vote Public Works, Extraordinary, com- pensation for resumptions of land at Sham Shui Po.
THE CHAIRMAN-This sum, and the sum asked for in another minute for similar work at Sham Shui Po, is in connection with the resumption of lands. They form a part of the scheme for re- setting out the town. The sum men- tioned has, I understand. already been expended.
HON. MR. POLLOCK asked what was the object of resumption.
THE CHAIRMAN replied that the scheme being carried out at Sham Shui Po was in connection with Government reclamation there. It was a very big work and it was going on gradually as oppor- tunities offered. A new road was also being made from the Tai Po road.
The vote was agreed to.