CO129-209 - Governor Sir Bowen - 1883 [5] — Page 485

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

ao-

Council will also be received with great satisfaction by this community. I feel convinced that the extension of the franchise, if I may so call it, will be of great benefit to the Government by giving them an opportunity of ascertaining the views of the community, and will benefit the community by enabling them to place before the Government what they desire to have executed in the colony. Sir, the Tramways Ordinance, which is now styled "of 1893," has had a very chequered career in this Council. My hon. and learned friend the Attorney-General on one occasion said that our proceedings so far did not reflect much credit upon our character for efficiency as a legislative body; I hope that we shall proceed to remove any farther reflection upon us on that head. When I arrived in the colony over two years ago, a most influential meeting of residents asked me to undertake the charge of this Bill. I did so with a light heart, quite unaware of the onerous task I had taken on myself; and I am bound to say that the delay which has occurred in passing this Bill is due, not so much to the hostility of any enemies it may have, as to the assiduous attentions of its well-meaning friends. The Ordinance was received with a chorus of approval, and the mutual support of the Government of the day and of the community was given to it. It received the approval of a select committee presided over by my lamented friend the late Mr. Justice Snowden. Unfortunately, there were some members of the Council who were not members of the committee; they thought they should have something to say upon it, and they amended the Bill; I am not sure they improved it, but their suggestions were accepted and the Bill was amended. Governor Hennessy also attached some conditions to it. The Bill finally went home. The conditions of Governor Hennessy the law officers of the Crown soon disposed of, and they made a good many suggestions which the promoters adopted. It again came before the Council, struggled into Committee, and there met so many objections that it was withdrawn. It has now received the most careful consideration of the legal advisers of the promoters, and I now lay it before the Council with some confidence that it is at last possible to make some progress with it. As to the principle of the Bill, I feel quite sure the varied experience of Your Excellency with regard to tramways in so many parts of the world will support me in saying that a tramway, if it is to be successful at all, must be an institution for the benefit of the whole community, and not for that of any special class, and I am convinced that in no colony in which Your Excellency has resided will you find circumstances which more clearly call for the construction of a tramway than in this colony. The configuration of the place may best be described by the mathematical definition of a line, that is, length without breadth, and by some unfortunate clumsy arrangement, the grounds set apart for naval and military purposes have completely divided the two extremities of the town, which are connected by intimate business relations. We propose to do something by this Bill to facilitate communication between the extreme east and the extreme west. I am quite aware there is a very serious objection to a tramway here. Our streets are too narrow. The original architects who laid out the streets did not lay them out upon any calculation of the amount of progress which has taken place. We have, however, done everything we can to provide for the safety of the traffic by narrowing the width of our gauge, contracting our carriages, and regulating our rate of speed to meet the condition of our roads, and we believe that along the line designated in the Bill we shall be able to run the tramway not only with great success and convenience to the public, but with entire safety to passengers. But, sir, before the sanction of Her Majesty's Government is finally given to this Bill, I hope that the energetic action of the Department of Public Works under your Excellency's Government will have so arranged it that a widened and continuous Praya will run along the entire length of our city—("Hear, hear," from His Excellency)—and that before the promoters come to make this line effective, they will have a commodious and convenient highway on which to run the tramway. I have every confidence in submitting this Bill to the Council. It will be a measure of great public advantage, and will promote the industrial prosperity of the colony. I beg to move the first reading of the Tramways Ordinance.

Hon. P. Ryrie seconded.

HIS EXCELLENCY said the Chief Justice had pointed out that before they could proceed to read the Bill it would be necessary to move the suspension of Standing Order No. 32, which requires the publication of private Bills in the Gazette before the first reading.

Hon. F. B. JOHNSON said he might perhaps explain that the Bill had already been published two or three times, and the alterations made in it were purely of a professional and technical nature and in no way concerned the landowners or anyone else concerned. At the time the Bill was introduced a second time the Council allowed the measure to be read a first time without the ordinary notice, it being considered that the notice originally published, and which entailed great expense on the promoters, would be sufficient for all purposes.

The CHIEF JUSTICE said he did not object to the Standing Order being suspended. All he called attention to was that it was necessary the Orders should be suspended before the Bill could be introduced.

Hon. F. B. JOHNSON moved the suspension of the Standing Order in question.

Hon. P. Ryrie seconded.

His EXCELLENCY, in putting the motion, said he thought the suspension of the order was very reasonable, because, as the hon. member had explained, the necessary notice had already been given.

The motion was carried.

The Bill was then read a first time.

Hon. F. B. JOHNSON moved the suspension of the Standing Orders relating to the progress of Bills in order that the Council might go on with the second reading and go into committee on the Bill at this meeting.

Hon. P. Ryrie seconded.

HIS EXCELLENCY, in putting the motion, said the few remarks he had made on the previous motion were applicable to this also. It could not be said they were hurrying the measure through, because due consideration had already been given to it.

The motion was carried.

The Bill was then read a second time and committed.

The consideration of section 2, the interpretation clause, was adjourned.

In sections 16, 18, and 19 certain minor alterations were proposed by the Hon. J. M. PRICE, which were adopted by the mover of the Bill and carried.

On section 20, which makes provision as to removal of gas and water pipes, &c., the Hon. J. M. PRICE proposed the substitution for the section as it stood of section 19 of the original Bill, which he said appeared to him to be altogether more perfect and complete and more in the interests of the Company itself.

Hon. F. B. JOHNSON said he had had no notice of the amendment, and with the permission of the Council he would prefer to leave the consideration of this clause over until a future day, when he would have had time to consider the effect of the proposed alteration.

The CHIEF JUSTICE said that section 19 was an exact transcript of a section in the English Act.

Hon. J. M. PRICE said he thought section 19 of the Original Ordinance was much better.

The consideration of the clause was then adjourned.

On section 24, which provides for the settlement of differences between the Company and the Surveyor-General by reference to the Governor in Council, the Hon. J. M. PRICE said he would move the omission of the words at the end of the section "and the Governor in Council may order either of the parties to pay the expenses." He said he did not see why the Surveyor-General should be ordered to pay any expenses necessitated by the reference to arbitration.


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ao- Council will also be received with great satisfaction by this community. I feel convinced that the extension of the franchise, if I may so call it, will be of great benefit to the Government by giving them an opportunity of ascertaining the views of the community, and will benefit the community by enabling them to place before the Government what they desire to have executed in the colony. Sir, the Tramways Ordinance, which is now styled "of 1893," has had a very chequered career in this Council. My hon. and learned friend the Attorney-General on one occasion said that our proceedings so far did not reflect much credit upon our character for efficiency as a legislative body; I hope that we shall proceed to remove any farther reflection upon us on that head. When I arrived in the colony over two years ago, a most influential meeting of residents asked me to undertake the charge of this Bill. I did so with a light heart, quite unaware of the onerous task I had taken on myself; and I am bound to say that the delay which has occurred in passing this Bill is due, not so much to the hostility of any enemies it may have, as to the assiduous attentions of its well-meaning friends. The Ordinance was received with a chorus of approval, and the mutual support of the Government of the day and of the community was given to it. It received the approval of a select committee presided over by my lamented friend the late Mr. Justice Snowden. Unfortunately, there were some members of the Council who were not members of the committee; they thought they should have something to say upon it, and they amended the Bill; I am not sure they improved it, but their suggestions were accepted and the Bill was amended. Governor Hennessy also attached some conditions to it. The Bill finally went home. The conditions of Governor Hennessy the law officers of the Crown soon disposed of, and they made a good many suggestions which the promoters adopted. It again came before the Council, struggled into Committee, and there met so many objections that it was withdrawn. It has now received the most careful consideration of the legal advisers of the promoters, and I now lay it before the Council with some confidence that it is at last possible to make some progress with it. As to the principle of the Bill, I feel quite sure the varied experience of Your Excellency with regard to tramways in so many parts of the world will support me in saying that a tramway, if it is to be successful at all, must be an institution for the benefit of the whole community, and not for that of any special class, and I am convinced that in no colony in which Your Excellency has resided will you find circumstances which more clearly call for the construction of a tramway than in this colony. The configuration of the place may best be described by the mathematical definition of a line, that is, length without breadth, and by some unfortunate clumsy arrangement, the grounds set apart for naval and military purposes have completely divided the two extremities of the town, which are connected by intimate business relations. We propose to do something by this Bill to facilitate communication between the extreme east and the extreme west. I am quite aware there is a very serious objection to a tramway here. Our streets are too narrow. The original architects who laid out the streets did not lay them out upon any calculation of the amount of progress which has taken place. We have, however, done everything we can to provide for the safety of the traffic by narrowing the width of our gauge, contracting our carriages, and regulating our rate of speed to meet the condition of our roads, and we believe that along the line designated in the Bill we shall be able to run the tramway not only with great success and convenience to the public, but with entire safety to passengers. But, sir, before the sanction of Her Majesty's Government is finally given to this Bill, I hope that the energetic action of the Department of Public Works under your Excellency's Government will have so arranged it that a widened and continuous Praya will run along the entire length of our city—("Hear, hear," from His Excellency)—and that before the promoters come to make this line effective, they will have a commodious and convenient highway on which to run the tramway. I have every confidence in submitting this Bill to the Council. It will be a measure of great public advantage, and will promote the industrial prosperity of the colony. I beg to move the first reading of the Tramways Ordinance. Hon. P. Ryrie seconded. HIS EXCELLENCY said the Chief Justice had pointed out that before they could proceed to read the Bill it would be necessary to move the suspension of Standing Order No. 32, which requires the publication of private Bills in the Gazette before the first reading. Hon. F. B. JOHNSON said he might perhaps explain that the Bill had already been published two or three times, and the alterations made in it were purely of a professional and technical nature and in no way concerned the landowners or anyone else concerned. At the time the Bill was introduced a second time the Council allowed the measure to be read a first time without the ordinary notice, it being considered that the notice originally published, and which entailed great expense on the promoters, would be sufficient for all purposes. The CHIEF JUSTICE said he did not object to the Standing Order being suspended. All he called attention to was that it was necessary the Orders should be suspended before the Bill could be introduced. Hon. F. B. JOHNSON moved the suspension of the Standing Order in question. Hon. P. Ryrie seconded. His EXCELLENCY, in putting the motion, said he thought the suspension of the order was very reasonable, because, as the hon. member had explained, the necessary notice had already been given. The motion was carried. The Bill was then read a first time. Hon. F. B. JOHNSON moved the suspension of the Standing Orders relating to the progress of Bills in order that the Council might go on with the second reading and go into committee on the Bill at this meeting. Hon. P. Ryrie seconded. HIS EXCELLENCY, in putting the motion, said the few remarks he had made on the previous motion were applicable to this also. It could not be said they were hurrying the measure through, because due consideration had already been given to it. The motion was carried. The Bill was then read a second time and committed. The consideration of section 2, the interpretation clause, was adjourned. In sections 16, 18, and 19 certain minor alterations were proposed by the Hon. J. M. PRICE, which were adopted by the mover of the Bill and carried. On section 20, which makes provision as to removal of gas and water pipes, &c., the Hon. J. M. PRICE proposed the substitution for the section as it stood of section 19 of the original Bill, which he said appeared to him to be altogether more perfect and complete and more in the interests of the Company itself. Hon. F. B. JOHNSON said he had had no notice of the amendment, and with the permission of the Council he would prefer to leave the consideration of this clause over until a future day, when he would have had time to consider the effect of the proposed alteration. The CHIEF JUSTICE said that section 19 was an exact transcript of a section in the English Act. Hon. J. M. PRICE said he thought section 19 of the Original Ordinance was much better. The consideration of the clause was then adjourned. On section 24, which provides for the settlement of differences between the Company and the Surveyor-General by reference to the Governor in Council, the Hon. J. M. PRICE said he would move the omission of the words at the end of the section "and the Governor in Council may order either of the parties to pay the expenses." He said he did not see why the Surveyor-General should be ordered to pay any expenses necessitated by the reference to arbitration. Page 481
Baseline (Original)
ao- Council will also be received with great satisfac. tion by this community. I feel convinced that the extension of the franobiso, if I may so call it, will be of great benefit to the Government by giving them an opportunity of ascertaining the views of the community, and will benefit the gommunity by enabling them to place before the Government what they desire to have executed in the colony. Sir, the Tramways Ordinance, which is now styled "of 1893." has had a very chequero career in this Council. My hon. and learned friend the Attorney-Gene- ral on one occasion said that nur proceedings so far did not reflect much crelit apon our character for efficiency as a legislative body; I hope that we shall proceed to remove any farther reflection upon us on that head. When I arrived in the colony over two years ago, a most induential meeting of residents asked me to undertake the charge of this Bill. I did so with a light heart, quite unaware of the onerous task I had taken on myself; and I am bound to say that the delay which bua oncurred in passing this Bill is due. not so much to the hostility of any enemies it may have, as to the assiduous atteutions of its well meaning friends. The Ordinance was re- ceived with a chorus of approval, and the mutual support of the Government of the day and of the community was given to it. It received the approval of a select committes presided over by my lamented friend the late Mr. Justice Snowden. Unfortunately there were some members of the Council who were not members of the committen; they thought they should have something to say upon it, and they amended the Bill; I am not sure they im- proved it, but their suggestions were cepted and the Bill was amended. Governor Heupessy also attached some oonditions to it. The Bill fosily went home. The conditions of Governor Hennessy the law officers of the Crown soon disposed of, and they ma le a good many suggestions which the promoters adopted. It again came before the Council, stru:gled into Committee, and there met so many objections that it was withdrawn. It has now received the most careful consideration of the le al advisers of the promoters, and I now lay it before the Council with some confidence that it is at last possible to make some progress with it. As to the principle of the Bill, I feel quite sure the varied experience of Your Excellency with re- gard to tramways in so many parts of the world will warport me in saying that a tramway, if it is to be successful at all, must be an institution for the benefit of the whole community, and not for that of any special class, and I am convinced that in ao colony in which Your Ex- cellency has resided will you find cironmstances which more clearly call for the construction of a tramway than in this colony. The configuration of the place may best be described by the matbe- matical definition of a line, that is, length with. out breadth, and by some unfortunate clumsy arrangement, the grounds set apart for naval and military purposes have completely divided the two extremities of the tor of which are connected by intimate business relations. We propose to do something by this Bill to faellitate communication between the extreme east and the extreme wert. I am quite aware there is a very serioas objection to a tramway bera. Our streets are too narrow. The original architects who laid out the streets did not lay them out upon soy calculation of the amount of progress which has taken place. We have however, done everything we can to provide for the safety of the traffic by narrowing the width of our guage, contracting our carriages, and re- galating our rate of end to meet the condition of our roads, and we believe that along the ins designated in the Bill we shall be able to run the tramway not only with great success and convenience to the public, but with entire safety to passengers. Bat, sir, be- fore the sanction of Her Majesty's Government is finally given to this Bill. I hope that the energetic action of the Department of Public Works under your Excelleney's Government will have so ar anged it that a widened and continuous Praya will ran along the entire length of fair city-(" Hear, bour," from His Exciting. 481 Excellency) and that before the promotacs some to make this ill effective, they will have a commodious and convenient highway on which to run the tramway. I have every confidence in submitting this Bill to the Connoil. It will be a measure of great public advantage, and will promote the industrial prosperity of the colony., I beg to move the first reading of the Tramways Ordinance. Hou. P. RrRIE seconded. HIS EXCELLENCY said the Chief Justice had pointed out that before they could proceed to read the Bill it would be necessary to move the suspension of Standing Order No. 32, whiob requires the publication of private Bills in the Gazette before the first reading. Hon. F. B. JOHNSON said he might perhaps explain that the Bill had already bean pablished two or three times, and the alterations made in it were purely of a professional and technical nature ania no way concerned the landowners or auy one olse concerned. At the time the Bill was intro- duced a second time the Connoil allowed the mea- sure to be read a first time without the ordinary notice, it being considered that the notice origi. nally published, and which entailed great expense on the promoters, would be sufficient for all par- poans. The CHIEF JUSTICE said ho did not object to the 8 anding O dora being suspended. All he called attention to was that it was necessary the Orders should be suspended before the Bill could be introduced. Hon. F. B. JOHNSON moved the suspension of the Standing Order in question. Hon. P. RYBIE seconded. His EXCELLENCY, in putting the motion, said be thought the suspension of the order was very reasonable, because, as the hon. member had ex- plained, the necessary notice had already been given. The motion was carried, The Bill was then read a first time. Hon. F. B. JOHNSON moved the suspension of the Standing Orders relating to the pro- gress of Bills in order that the Council might go os with the second reading and go into committee on the Bill at this meeting. Hon. P. RTRIE secouded. HIS EXCELLENCY, in putting the motion, said he few remarks he had made on the previous notion were applicable to this also. It could not be said they were hurrying the sure through, because due consideration had al- ready been given to it. The motion was carried. mea- The Bill was then real a second time and committed, The consideration of section 2, the interpre- tation clanse, was adjourned. In sectious 16, 18, and 19 certain minor al- terations were proposed by the Hon. J. M. PRICE, which were adopted by the mover of the Bill and osrried. On section 20, which makes provision as to removal of gas and water pipes, &o., the Hon. J. M. FRICE proposed the subration for the section as it stood of section 19 of he origi nal Bill, which he said appeared to him to be altogether mare perfect and complete and mora in the interests of the Company itself. Hon. F. B. JoANSON said he had had no notice of the amendment, and with the permission of the Council he would prefer to leave the con- sideration of this clause over until a future day, when he would bave bad time to consider the of. fect of the proposed alteration. The CHIEF JUSTICE all that section 19 was an exact transcript »» «nction in the En lish Act. Hon. J. M. PRICE said he thought section 19 of the Original Ordinance was much better. The consideration of the clause was then ad. journed. On section 24, which provides for the settio- ment of differences between the Company and the Surveyor-General by reference to the Go- vernor in Council the Hon. J. M. PRICE said be would move the omission of the words at the end of the section and the Governor in Council may order either of the parties to pay the ex- penses." He said he did not see why the Sur- veyor-General should be ordered to pay soy ex- penses necessitated by the reference to arbitration. Ha
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ao-

Council will also be received with great satisfac. tion by this community. I feel convinced that the extension of the franobiso, if I may so call it, will be of great benefit to the Government by giving them an opportunity of ascertaining the views of the community, and will benefit the gommunity by enabling them to place before the Government what they desire to have executed in the colony. Sir, the Tramways Ordinance, which is now styled "of 1893." has had a very chequero career in this Council. My hon. and learned friend the Attorney-Gene- ral on one occasion said that nur proceedings so far did not reflect much crelit apon our character for efficiency as a legislative body; I hope that we shall proceed to remove any farther reflection upon us on that head. When I arrived in the colony over two years ago, a most induential meeting of residents asked me to undertake the charge of this Bill. I did so with a light heart, quite unaware of the onerous task I had taken on myself; and I am bound to say that the delay which bua oncurred in passing this Bill is due. not so much to the hostility of any enemies it may have, as to the assiduous atteutions of its well meaning friends. The Ordinance was re- ceived with a chorus of approval, and the mutual support of the Government of the day and of the community was given to it. It received the approval of a select committes presided over by my lamented friend the late Mr. Justice Snowden. Unfortunately there were some members of the Council who

were not members of the committen; they thought they should have something to say upon it, and they amended the Bill; I am not sure they im- proved it, but their suggestions were cepted and the Bill was amended. Governor Heupessy also attached some oonditions to it. The Bill fosily went home. The conditions of Governor Hennessy the law officers of the Crown soon disposed of, and they ma le a good many suggestions which the promoters adopted. It again came before the Council, stru:gled into Committee, and there met so many objections that it was withdrawn. It has now received the most careful consideration of the le al advisers of the promoters, and I now lay it before the Council with some confidence that it is at last possible to make some progress with it. As to the principle of the Bill, I feel quite sure the varied experience of Your Excellency with re- gard to tramways in so many parts of the world will warport me in saying that a tramway, if it is to be successful at all, must be an institution for the benefit of the whole community, and not for that of any special class, and I am convinced that in ao colony in which Your Ex- cellency has resided will you find cironmstances which more clearly call for the construction of a tramway than in this colony. The configuration of the place may best be described by the matbe- matical definition of a line, that is, length with. out breadth, and by some unfortunate clumsy arrangement, the grounds set apart for naval and military purposes have completely divided the two extremities of the tor of which are connected by intimate business relations. We propose to do something by this Bill to faellitate communication between the extreme east and the extreme wert. I am quite aware there is a very serioas objection to a tramway bera. Our streets are too narrow. The original architects who laid out the streets did not lay them out upon soy calculation of the amount of progress which has taken place. We have however, done everything we can to provide for the safety of the traffic by narrowing the width of our guage, contracting our carriages, and re- galating our rate of end to meet the condition of our roads, and we believe that along the ins designated in the Bill we shall be able to run the tramway not only with great success and convenience to the public, but with entire safety to passengers. Bat, sir, be- fore the sanction of Her Majesty's Government is finally given to this Bill. I hope that the energetic action of the Department of Public Works under your Excelleney's Government will have so ar anged it that a widened and continuous Praya will ran along the entire length of fair city-(" Hear, bour," from His

Exciting.

481

Excellency) and that before the promotacs some to make this ill effective, they will have a commodious and convenient highway on which to run the tramway. I have every confidence in submitting this Bill to the Connoil. It will be a measure of great public advantage, and will promote the industrial prosperity of the colony., I beg to move the first reading of the Tramways Ordinance.

Hou. P. RrRIE seconded.

HIS EXCELLENCY said the Chief Justice had pointed out that before they could proceed to read the Bill it would be necessary to move the suspension of Standing Order No. 32, whiob requires the publication of private Bills in the Gazette before the first reading.

Hon. F. B. JOHNSON said he might perhaps explain that the Bill had already bean pablished two or three times, and the alterations made in it were purely of a professional and technical nature ania no way concerned the landowners or auy one olse concerned. At the time the Bill was intro- duced a second time the Connoil allowed the mea- sure to be read a first time without the ordinary notice, it being considered that the notice origi. nally published, and which entailed great expense on the promoters, would be sufficient for all par-

poans.

The CHIEF JUSTICE said ho did not object to the 8 anding O dora being suspended. All he called attention to was that it was necessary the Orders should be suspended before the Bill could be introduced.

Hon. F. B. JOHNSON moved the suspension of the Standing Order in question.

Hon. P. RYBIE seconded.

His EXCELLENCY, in putting the motion, said be thought the suspension of the order was very reasonable, because, as the hon. member had ex- plained, the necessary notice had already been given.

The motion was carried,

The Bill was then read a first time.

Hon. F. B. JOHNSON moved the suspension of the Standing Orders relating to the pro- gress of Bills in order that the Council might go os with the second reading and go into committee on the Bill at this meeting.

Hon. P. RTRIE secouded.

HIS EXCELLENCY, in putting the motion, said he few remarks he had made on the previous notion were applicable to this also. It could not be said they were hurrying the sure through, because due consideration had al- ready been given to it.

The motion was carried.

mea-

The Bill was then real a second time and committed,

The consideration of section 2, the interpre- tation clanse, was adjourned.

In sectious 16, 18, and 19 certain minor al- terations were proposed by the Hon. J. M. PRICE, which were adopted by the mover of the Bill and osrried.

On section 20, which makes provision as to removal of gas and water pipes, &o., the Hon. J. M. FRICE proposed the subration for the section as it stood of section 19 of he origi nal Bill, which he said appeared to him to be altogether mare perfect and complete and mora in the interests of the Company itself.

Hon. F. B. JoANSON said he had had no notice of the amendment, and with the permission of the Council he would prefer to leave the con- sideration of this clause over until a future day, when he would bave bad time to consider the of. fect of the proposed alteration.

The CHIEF JUSTICE all that section 19 was an exact transcript »» «nction in the En lish Act.

Hon. J. M. PRICE said he thought section 19 of the Original Ordinance was much better.

The consideration of the clause was then ad. journed.

On section 24, which provides for the settio- ment of differences between the Company and the Surveyor-General by reference to the Go- vernor in Council the Hon. J. M. PRICE said be would move the omission of the words at the end of the section and the Governor in Council may order either of the parties to pay the ex- penses." He said he did not see why the Sur- veyor-General should be ordered to pay soy ex- penses necessitated by the reference to arbitration.

Ha

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