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Evolvoured.
HONGKONG LEGISLATIVE COUNCIL
Boarding House Ordinance
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THE ATTORNEY-GENERAL moved fe second reading of the Bill entituled, Ordinance to provide for the licensing and control of places where persons/are lodged for hire.` In doing so he said- the object of the Bill is to provide powers for the licensing and better control of hotels and boarding houses and all other places where persons are lodged for hire. and where some form of domestic service is rendered to the person so lodged. Some of these places are already sufficient ly controlled under various Ordinances; for example, the European hotels are controlled by means of publicans' licenses or adjunct licenses, and boarding houses where assisted emigrants may be lodged are controlled under the Asiatic Emigra- tion Ordinance, 1915, but there are other ¦ places of this kind, either boarding houses or hotels, where there is no proper or appropriate form of license. For example, the better class of Chinese hotel, though some of them have restaurant licenses. have not got a form of license which is really appropriate to their case, The restaurant license controls only the restaurant portion of their business, and licenses under the Asiatic Emigra tron Ordinance control the boarding houses only as regards nigrants. That form of license is also perhaps rather beneath the dignity of the better class Chinese hotels. This Ordinance will provide a proper form of license. The Ordinance gives power to deal with boarding houses generally, but at present it is only proposed to deal with the Chinese hotels and boarding houses that are referred to in the draft regulations which were published with the Bill. Other classes of boarding house may be dealt with afterwards if it is found neces- sary to do so.
THE COLONIAL SECRETARY second- ed, and the Bill was read a second time.
Council then went into Committee to consider the Bill clause by clause.
Clauses 1 and 2 were passed without amendment.
| THE ATTORNEY-GENERAL-I wish to move an amendment to Clause 7 to make it clear that the licensee is liable for the acts of his partners as well as of his other agents. I move, therefore, that the word be inserted in the marginal partners
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note to make it read Responsibility for acts of partners, agents and servants," and that in Sub-clause the last seven words be omitted and the words "his inserted in partner, agent or servant their place, and that in Sub-clause 3 the
"pariner
"be inserted between the word
such and agent in order words that this sub-clause may read nothing in this section shall be construed as re- lieving any such partner, agent or ser- vant from any penalty or forfeiture to which he would otherwise be liable.”
This was agreed to.
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Clause 8 was passed without amend- ment.
On Council resuming,
THE ATTORNEY-GENERAL moved that the Bill, as amended in Committee. be read a third time.
The Bill was then read a third time and passed.
Liquors Consolidation Ordinance,
1911
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THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, An Ordinance to amend the Liquors Consoli dation Ordinance, 1911. In doing so,
he said I understand that the Honourable Colonial Secretary will deal with the principles underlying the first part
of this Bill. and, therefore, I pro- pose to deal only with the latter portion of it, that is, Clauses 7, 8, 9 and 10. Clauses 7 and 8 make certain slight changes in the provisions of the principal Ordinance as regards import and export statements. One alteration is in order to make it quite clear that the import and export statements furnished under this Ordinance must be on a separate form from any other returns furnished to the Superintendent of the Imports and Exports Department. It has been the practice of the shipping companies to furnish the liquor returns on a separate form. This Ordinance will make the obligation a legal one. It is also proposed Clauses 1, 5 and 6 were passed without to require ship-owners to furnish what are amendment.
returns, that is, a return
THE ATTORNEY-GENERAL moved that paragraph (f) of Clause 3 be deleted and the following clauses be marked (A) and (g) instead of (4) and (h).
This was agreed to.
known as ** nil
HONGKONG LEGISLATIVE COUNCIL
:
1
rence.
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even if no liquor is imported or exported a well-known member of the community hy the ship concerned. It is done as a exclaimed What about vested interests 15 rule, but it is thought better now to make The remark occasioned some amusement the obligation a legal one. Clause 9 re-
and the meeting ended somewhat sud- peals certain provisions of the principal denly, but I have not forgotten the occur Ordinance which appear to be unneces-
I have been long enough in the public service to have acquired a grea sary: they are provisions which Te- quire that the regulations dealing with respect for vested interests, but I have dealers' licenses, Chinese
litt regard for assumed rights. But restaurant when rights of even the most nebulous licenses and brewery licenses shall be kind are likely to be affected by legislation published in Chinese. That is not it is the usual practice in this Colony to thought to be ncessary, and for some give those concerned an opportunity of years past the Chinese version of the making representations, and this has been Gazette has been given up. It is proposed done in the present instance. Representa now, therefore, to repeal these provisions. tions have been received and I propose to The last clause of the Bill provides that deal with them. the Bill shall come into operation on December 1st, next. That day is taken because publicans and adjunet licenses expire on November 30th, and the 1st of December is, therefore, a convenient day for the introduction of the new provisions for the sale of liquor for cash.
ed. the
of
The principal objection to the enforce- ment of payment in cash in hotel bars by persons other than residents is that is will cause a reduction in the takings, or. as it is put in some
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pecuniary loss."
cases, needles involves two assumptions, one that per- Now this statement
sons who have been in the habit of taking their drinks between meals at a certain THE COLONIAL SECRETARY second bar will cease to do so if they have to In doing so, he said: In seconding pay cash for them, and secondly that if motion for the second reading this result does follow on the passing of this bill. 1
only propose to this bill, that the licensee of the bar will deal with the principle involved in be deprived of money to which he is the clauses which relate to the supply entitled. I think there is also a sugges- of intoxicating liquor on licensed pre- tion that the liquor will still be consumed, mises not in conjunction with a bona fide but in places where this legislation will meal to persons who are not resident on not be in force. It is possible that there the premises. Through the action taken may be a temporary diminution in bar during the five years ending on the 30th receipts, but the Government would not November, 1915, in terminating all pub view such a result as a valid objection to licans' licences except those held in con- the bill in view junction with hotels there are no publiebe derived from it.
of the public benefit to houses in the ordinary sense of the term in the Colony, and it is presumably for the convenience of visitors other than residents that some hotels regularly apply for publicans' licences. Such a licence enables an hotel to have what is described in the principal Ordinance as a public bar, and the disappearance of the public houses naturally led to an increased amount of custom for the hotel bars. These bars, whether dignified by the name of saloon, buffet, lounge, kiosk, pagoda or what not, are merely adjuncts of the hotel, though perhaps profitable adjuncts, and so long as public opinion demands that such places shall exist, I cannot imagine that any Government, except in some great emergency, would refuse to accede to the demand, though it is per- fectly justified in stipulating that the right conferred shall be exercised in a fit and proper manner. At a meeting that I attended some months ago at which the proposal made in this bill was discussed,
A second objection that has been put forward is that the cumbersome nature of the local coinage makes it improbable that the public will spend much ready cash in places where they are not allowed to sign chits. The reference is apparently to the silver dollar, but it is unlikely that that coin will be used much in future for ordinary small retail transactions. The issue of one dollar notes has recently been doubled and the purchaser of casual and promiscuous drinks will, I am con- vinced, soon drop into the habit of keeping a few of these notes it must be remembered that the section in his pocket, for of the public who will be affected by this bill is a comparatively small one. |
Another objection brought against the bill is that at present there is little loss incurred under the chit system, that it has in fact worked well and is a great con- venience both to the licensee and his customers. If we were attacking the chit system generally in licensed premises I
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