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HONGKONG LEGISLATIVE COUNCIL
en available. It was also pointed out that the action was probably about to be dismissed, part heard, and that the share holde in question would perhaps be ordered to pay the defendants' heavy costs, solely because he could find no more money for the prosecution of the action; whereas from the facts and allegations disclosed in the course of the proceedings it appeared to be manifestly in the interests of public justice that the case should be carried to a conclusion one way or the other. When the facts disclosed in the winding up proceedings, and the charges which were made in the action, were thus brought to the knowledge of the Government, they were of opinion that the charges made, whether true or false, were such as to demand investi- gation by the Criminal Courts at the earliest opportunity. They accordingly decided to institute criminal proceedings against two of the defendants in the action and such proceedings were com- menced. The intention of the Gavern- ment was to proceed with the criminal charge forthwith. In the meantime en application was made to stay the civil action. because it seemed unreasonable that the civil action should be dismissed without being fully heard, while the criminal proceedings would raise to a great extent the same points. The Court, however. expressed the view that the civil action should not be postponed so as to allow the criminal proceedings to be completed first, and they refused to grant any stay of the civil action for that purpose.
Under these circumstances, and particularly in view of the opinion expressed by the Court, it was decided that the Government should assume re- sponsibility for the future costs of the Offcial Receiver, and for such costs as the Court might award against him if the defendants proved successful. In considering this decision it must be borne in mind that the criminal proceed- ings, which on the evidence then before the Government they were bound to in stitute, would probably have occupied a longer time than the continuation of the eivil action, and would have involved extremely heavy costs to both sides. minor result of continuing the criminal proceedings would have been that special jury would have had to sit for five days a week during a long period. This expenditure of time and money was avoided by the continuance of the civil
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proceedings. To proceed with the criminal charges would have meant the beginning of the whole case de novo.
The Financial Minutes were then re- ferred to the Finance Committee.
Papers
THE COLONIAL SECRETARY, by com- mand of H. E. the Cfficer Administering the Government, also laid upon the table Sessional papers Nos. 8 and 9- an abstract showing the differences between the approved estimates of expenditure for 1919 and the financial statements in connection with the estimates for 1919.
Hon. Mr. H. W. Bird's Questions
HON. MR. H. W. BIRD asked the ques- The Government's tious given below. replies were read by the Colonial Secre- tary.
1. Will the Government take immediate steps to disconnect the Pokfulum reser- voir from the drinking supply of the Colony so that the catchment area of this reservoir may be opened up for building purposes?
ment
Answer:--As the quantity of water obtained from the Pokfulam reservoir to upwards of 250 generally amounts million gallons per annum, all of which is available by gravitation, the Govern- not prepared to dispense with the reservoir. As there is only one system of mains available for the dis- tribution of water to the City, it is not possible to apply the supply from the Pokfulam Works to other than domestic purposes only.
2. Will the Government take in hand the construction of road connecting the Pokfulum Road with the Craigmin Road round the south face of Mt. Kellett some. where about the 1.000 foot contour?
Answer: A survey has been in pro- gress for some time past for the con- struction of a road which will bring the City into more convenient communica- tion with the Craigmin Road district than would be the case by the route indi- cated
3. Will the Government take in hand the construction of a motor-road to the Peak on the south face of Mt. Kellett. on the lines suggested by the Hongkong Automobile Association?
HONGKONG LEGISLATIVE COUNCIL
Answer: A survey is also in pro- gre for the construction of a road which will, it is anticipated, form a more convenient motor road to the Peak District than that suggested by the Hongkong Automobile Association.
4. For what purpose does the Govern- ment intend to use the area above Wong- neichong Valley previously reserved for Mr. Ede's Portuguese Housing Scheme?
Answer: It is proposed to construct a road which will ender this area more accessible for residential purposes than
at present.
5. Will the Government take in hand the construction of a 20-foot road between the 100 and 200 foot contour from the back of Tai Hang Village round North Point joining the road leading to Quarry Gap, thereby opening up a considerable area of easily developed land?
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Answer: The Government view the construction of a road in the locality indicated, but at a level of about the 400 foot contour. The construction of branch roads connecting with the Shaukiwan Road will render available the area referred to in the question.
6. In connection with the construction of new roads opening up building sites, will the Government undertake to lay water mains therein so that intending purchasers of land may not have to pay for their water supply out of all pro- portion to the cost of the building ↑
Answer: Arrangments will be made, as soon as conditions permit and development occur, for affording a supply of water to areas rendered avail- able for building purposes by the con- struction of new roads.
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7. Will the Government consider project to move the Government Civil Hospital and Lunatic Asylum from their present situation to a more suitable site at Kennedy Town, where the present Tung Wah Plague and Infectious Dis- cases Hospitals are located, which would he easily accessible for stretcher cases by motor ambulance, for out-patients by tram, and harbour cases by launch, so that the existing Civil Hospital site, together with the Berlin Mission pro- perty might be available at a reasonable price for the erection of a large number of cheap flats at low rentals?
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Answer: --The prepared to consider such a project, one strong objection to which is that it would involve a large increase in the popula- tion of an already very densely populat- ed district.
Government is not
:
Opium Ordinance, 1918
THE ATTORNEY-GENERAL asked leave to withdraw the Bill intituled An Ordinance to amend the Opium Ordin- ance, 1914, and the Opium Ordinance. 1917, which appeared for its second reading on the orders of the Day. He said-The Bill proposed to make two small amendments in the Opium Ordin- ances and it consisted of two substantial clauses and one formal clause. After the Bill had been read a first time and pub- lished in the Gazette certain other amend-
ments
to the Opium Ordinances were suggested to the Government, and it has been thought more convenient to with draw this Bill and introduce a new Bill which will contain the provisions of tho present Bill and also the other amend- ments.
THE COLONIAL SECRETARY seconded, ad the Bill was withdrawn.
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THE ATTORNEY-GENERAL then moved the first reading of another Bill intituled "An Ordinance to amend the Opium Ordinance, 1914, and the Opium Ordin- ance, 1917."
THE COLONIAL SECRETARY seconded, and the Bill was read a first time.
The Objects and Reasons" state:
1. Section 46 of the Opium Ordinance, 1914, enacts that no ship should be used for the conveyance of opium in con- travention of the Ordinance. It also provides that if a certain amount of opium is found on a ship that fact shall he prima facie evidence of an unlawful use of the ship. The section makes the amount vary according to the tonnage of the ship in the case of steamships. The expression used in the section "is tons burden." Clause 2 of the bill is intended to make it clear that et re- gister tonnage is referred to.
The term "tons burden " was so interpreted in section 3 (1) of the Merchant Shipping Act, 1894, in The Brunel (1900) P. 24.
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