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PUBLIC RECORD OFFICE

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TEEN C.O. 882

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Land Re.

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conducted themselves properly; and, as regards the inhabitants of the new territories, it will probably only be as they advance in civilization and their hamlets increase in im- portance, that they will find they come much within actual touch of such of the laws as are really only practically applicable to a Colony which has made some progress.

8. It must, moreover, be borne in mind that just as Hong Kong has been de- veloped by British energy and by the Chinese under British Government and just laws, so the new territory has a future before it, and British and Chinese enterprise and capi- tal will be more likely to be attracted from "Hong Kong proper" and elsewhere to the new extension of the Colony if the laws prevailing therein are practically identical with those of Hong Kong itself.

9. The edition of the Ordinances of Hong Kong published in two volumes in 1891, and compiled by Mr. Leach, contains the Ordinances in force at the end of 1890. This edition, as modified and supplemented by the Ordinances since passed, enables one to ascertain the local Ordinances at present obtaining in Hong Kong. I mention this because the edition in 4 volumes to the end of 1887 containing all the Ordinances passed to that date includes a large number of those already then repealed. Prefixed to each of Mr. Leach's two volumes is a chronological table which renders reference to the subject matter of the Ordinances to the end of 1890 a simple task.

10. Although some of the Hong Kong Ordinances seem beyond the present requirements of the new extension, yet, when they are referred to in detail, it would, in many cases, seem unnecessary, having regard to the future, expressly to exclude them from applying. In point of fact, they would work no practical hardship, because, in practice, they would not be enforced until adequate machinery had been provided and facilities afforded for carrying out their provisions. In some few instances it might be well to exclude the application of an Ordinance from the new territories.

11. I will now proceed to remark on such of the Ordinances as seem to require consideration in our present enquiry:—

Ordinance No. 3 of 1844 (as to registration of deeds, wills, &c., affecting real gistration and immovable property in Hong Kong).

Ord. 3 of 1844.

Probate

and Ad- ministra-

tion. Now Ord. 3 of 1897.

Registra.

tion of

Births and Deaths.

Now Ord. 16 of 1896,

Marriage Registra- tion.

Stamps.

Post Of

While it will probably be long before the villagers in the new extension will register small land transactions, yet it seems right that if a European or Chinaman purchases a plot of land and desires to register it in the Hong Kong Land Office, he should be able to do so where the land is situated in the new territory just as easily as if it were situated in Hong Kong as it exists now. I see no valid reason to exclude this Ordinance.

Ordinance 8 of 1860 (relating to probate and administration). This has been re- pealed and the subject matter dealt with and consolidated by Ordinance 3 of 1897.

As regards the new consolidating ordinance the Chinese in the extension would probably often ignore it, as they frequently do now in Hong Kong, only taking out probate or administration when they require a legal title so as to sell some land or transfer some shares, but I see no reason why Ordinance 3 of 1897 should not apply to the new territory. It will work smoothly in time

Ordinance 7 of 1872 (relating to registration of births and deaths). This has been repealed and re-enacted with improvements as Ordinance 18 of 1896 (amended by 20 of 1898). It is important that births and deaths should be registered, but till district registrars are appointed under section 3, it will be difficult for Chinese in the new terri- tories to give the information as required by the second clause of section 3. Having regard, therefore, to the requirements of sections 8, 9, and 11 (a), especially 11 (e) as to burying, some little time must elapse before the provisions of this Ordinance could be complied with. I should therefore exclude it for the present.

Ordinance 14 of 1875 (marriage registration). Having regard to the restricted application of this Ordinance (see Ordinance 14 of 1896 amending section 39 of 14 of 1875) it need not be excluded.

Ordinance 16 of 1886 (stamps).

Amended by 13 of 1804 and 26 of 1895. On the whole I should not exclude this Ordinance, though, no doubt, it will be largely ignored by the Chinese in the new terri- tory, as it is in Hong Kong. Chinese do not care to incur expense in stamping even receipts, unless they think the documents will have to be produced in Court, or they are giving receipts to Europeans.

Ordinance 1 of 1887 (Post Office).

I should not exclude this Ordinance. In practice the Chinese would send letters in the new territories by native channels till the Post Office authorities were able to enforce

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and properly work the monopoly which the Post Master General has, at least in theory, over correspondence and letters.

Ordinance 21 of 1887 (licensing consolidation). I think this Ordinance should, at ending of all events for the present, not be extended to the new territories.

A CLOLIONDAY, billard tables,

1noney changere, pub- la vehicles. and Chim underwkers.

Ordinance 24 of 1887 (public health) as amended by 1 of 1890, 4 of 1890, 26 of Public 1890, 12 of 1891, 15 of 1894 (and to be read with 11 of 1895). Upon consideration, I Health. do not see why this Ordinance should not apply to the new district. Of course, it would have to be enforced with discretion, and it must be borne in mind that a magistrate can, under section 31 of 10 of 1890, discharge a defendant without punishment. Part 2 of the Ordinance contains, moreover, very useful powers. As regards, however, section 3 Sec. 3 of of Ordinance 4 of 1890, this should not be applied to the new territory until additional Ord. of cemeteries have been authorized by the Governor.” As regards Ordinance 15 of 1894 it may be observed that the provisions of sections 4 and 5 are to apply to such districts or 301 Ord. 15 places outside Victoria as may be defined by the Governor from time to time (see section of 1894. 14 of 15 of 1894). On the whole, it seems to me better to enforce the law with great care and leniency and consideration, rather than to leave the new district without any sanitary laws.

1890.

Seca. 4 and

Ordinance 21 of 1886 (spirit licences). This has been repealed and re-enacted in Spirit

a consolidating and amending Ordinance (No. 24 of 1898). Possibly, for the present, Licences. this Ordinance might be excluded from applying to the new territories.

Ordinance 15 of 1888 (the Rating Ordinance). As amended by 5 of 1892.

Rating

As by section 6 the assessor is to make his valuation of the tenements in the Colony Ordinanos. or of such part thereof as the Governor in Council may direct, it would be practically in the discretion of the Governor in Council whether rates should be levied in the new territory. Therefore I do not know that it is necessary to exclude this Ordinance. Indeed, as time goes on, and money has to be spent on the new territories, some mode of raising some revenue will become necessary. At present the rates are 7 per cent. in rural districts, as against 13 per cent. in Victoria.

Ordinance 15 of 1889 (the Building Ordinance), as amended by Ordinances 25 of Building 1891, 15 of 1894 (sections 7 and 8), 7 of 1895, and 5 of 1896. No doubt some building Ordinance. law will be required in the new territories, but, before the present Building Ordinances are extended to the new territories, I should like to have the views of the Director of Public Works as to whether they could be satisfactorily carried out. Unless he thinks the present Ordinances might be made to apply, I should, for the present, exclude them (see sections 69 and also section 70 of 15 of 1889, as amended by section 3 of Ordinance 7 of 1895, &c., &c.).

Ordinance 5 of 1890 (vaccination).

Vacci-

As the penalty (see section 11) is only enforceable after six months' notice and nation. neglect thereof, and the Registrar-General would not give such notice till proper facili- ties for vaccination have been afforded, it seems to me the extension of this Ordinance to the new territory is desirable, and would in practice create no hardship. The Chinese do not usually object to vaccination.

Ordinance 7 of 1891 (Gambling Law).

On the whole I should not exclude this Ordinance from the new territories. The police are the only prosecutors in these cases of gambling offences, and the Captain Superintendent would have to act with discretion, and thus prevent hardship. If the new territories are not made amenable to the Hong Kong Gambling Laws, large gambling establishments will spring up at once. When gambling was being put down in Hong Kong the city of Kowloon houses did a great business, taking customers over gratis in steam launches, and providing coffee and cigars for nothing. These houses were only closed after a long correspondence with the Viceroy at Canton, and also with Peking.

Ordinance No. 26 of 1891 (merchant shipping), as amended by 9 of 1892.

Gambling.

Merchant

A new Bill has been prepared in the Colony by the Harbour Master and myself, Shipping. consolidating the Law of Merchant Shipping, and approximating it as nearly as ine! circumstances permit to the law in force in England under the 1894 Act. I do not think the operation of the Ordinance 26 of 1891 should, in the meantime, be excluded from

• Prosecution, however, is at suit of Secretary of Sanitary Board only,

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