PRESENT:-
HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.
His Excellency Major-General R. G. BROADWOOD, C.B., A‚O.D., General Officer Commanding the Troops.
Hon. Mr. F. H. MAY, (Colonial Secretary), Hon. Mr. W. REES DAVIES, (Attorney-General)
Hon. Mr. A. M. THOMSON, (Colonial Treasurer).
Hon. Mr. W. CHATHAM, C.M.G. (Director of Public Works).
Hon. Mr. A.W.BREWIN (Registrar-General), Hon. Commander BASIL R. H. TAYLOR, R.N., (Harbour Master).
Hon. Dr. Ho Kai, M.B., C.M., C.M.G. Hon. Mr. B. A. HEWETT.
Hon. Mr. H. KESWICK,
Hon. Mr. WEI YUK.
Hon. Mr. E. OSBORNE.
Mr. A. G. M. FLETCHER (Clerk of Councils),
MINUTES.
The minutes of the previous meeting were read, and confirmed.
STANDING COMMITTEES.
HIS EXCELLENCY-Before proceeding with the business, under the standing orders it is necessary to appoint the standing committees for the year.
Finance Committee-All the members except myself, with the Colonial Secretary as chairman.
Law Committee-The Attorney-General as chairman and the former members, Hon. Dr. Ho Kai, Hon. Mr. Wei Yuk, Hon. Mr. H. E. Pollock and the Hon. the Harbour Master.
The Public Works Committee remains without change-The Hon. Director of Public Works, Chairman, the Hon. Colonial Treasurer, Hon. Mr. Osborne and Hon. Mr. Keswick.
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table Financial Minutes 48 and 49 and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded, and the motion was agreed to.
FINANCIAL.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the report of the Finance Committee No. 9 and moved its adoption.
The COLONIAL TREASURER seconded, and the motion was agreed to.
THE COMPANIES ORDINANCE.
The ATTORNEY-GENERAL-Sir, I move the second reading of the Bill to Amend the Law Relating to Companies. Now Sir, the object of the Bill is set forth in the preamble. Companies registered under the Ordinance of 1865 are required to keep a register of members. Under this Bill the Governor-in-Council is empowered to grant a license relieving a company from keeping its register at the registered office in Hongkong. In such case, the register kept hitherto presumably at the head office of the company is to be regarded as the register kept under the Companies Ordinance 1865. I may say, Sir, that the Bill has received the full consideration of the Chamber of Commerce at Hongkong and also of the authorities representing the various companies in Shanghai which will be primarily interested in the proposal. Representations have been forwarded to the Government from the representatives of the various Shanghai companies, and they approved in general all the proposals contained in the Bill. There were, Sir, two or three amendments proposed by the representatives of the Shanghai companies, and they were submitted for the consideration of the Government, which has approved of all these amendments. Two out of three were incorporated in the Bill and in reference to the third amendment, the Government approved of it in a modified form. The amendments proposed by the representatives of the Shanghai Chamber of Commerce were considered in regard to clause 4 of the Bill, where it is proposed that a fee of four cents for every $100 of the nominal capital of the company should be paid in respect of the license issued under the Ordinance. It was suggested that instead of "nominal capital" it should be "paid up capital." We are of the opinion that that was a practical proposal and the Government amended it accordingly. In clause 4, sub-section 3 (b) the question of domicile was raised and in regard to stamp duties, it was suggested in the Bill as originally drafted in clause 4, sub-section 3 (b) the words "domicile elsewhere than in the Colony," should be eliminated. The reasons for this, which I think are unnecessary to recapitulate, appear to be sufficient. The Government eliminated these words. The only other amendment was in clause 6, sub-section 1, which requires that in the event of a company not having obtained a license, it shall be struck off the register if it fails to comply with the Ordinance after the expiration of one month. The proposal from Shanghai was that the time of expiration of notice should be three months instead of one. The Government has met them half way and suggested that a notice of two months would be sufficient. The Bill is non-controversial and I trust the Council will approve. I move that the Bill be read a second time.
The COLONIAL SECRETARY seconded.
Hon. Mr. HEWETT-Sir, after the explanation made by the Hon. Attorney-General, it is unnecessary for me to say anything.
He explained to the Council that the question had been referred to Shanghai, and the Bill as it now stands in its altered form with one slight alteration, has been accepted by the Chambers of Commerce at Shanghai and Hongkong. With regard to section 6, sub-section 1, I wish to make a slight suggestion which, I trust, we will be enabled to deal with in the committee stage of the Bill.
The Bill was then read a second time. Council went into committee to consider the Bill clause by clause, and the Attorney-General intimated he would consider the point raised by the Hon. Mr. Hewett and, if necessary, recommit the Bill.
EXPOSURE IN THE STOCKS.
The ATTORNEY-GENERAL-Sir, I rise to move the second reading of the Bill entitled an Ordinance to limit the imposition by public exposure in the stocks. I need not expatiate on this Bill at any length. It has been thought that punishment inflicted in the stocks has in some cases taken rather an exaggerated form. Having regard to representations in the matter, it is desirable that in future punishment should be limited to cases where an offence is punishable by imprisonment. The Bill is introduced with that object.
THE COLONIAL SECRETARY seconded.
Hon. Mr. KESWICK-I wish, Sir, to oppose this Bill because I feel it is being rushed on us. You will pardon me, Your Excellency, if I call your attention to the fact that you have only recently arrived here, and have not had the opportunity of studying the conditions under which we live and the conditions of crime and the status of the people who commit crimes and incommode us here. The Hon. Attorney-General has also but recently arrived. I cannot but feel that we are being rushed on this Bill by a small section of the Chinese community who evidently have control of one of the morning papers and who, having acquired a certain amount of Western knowledge and learning, consider the exposure of their fellow countrymen in the stocks is a reflection upon themselves. They, however, entirely forget that we are absolutely next door to China, and that a man only requires twenty minutes to get over the border. The people who are punished by stocks are not the enlightened gentlemen of the Chinese nation who are a credit to any nation.
Page 576
A meeting of the Hongkong Legislative Council was held on the 10th instant in the Council Chamber.
PRESENT:-
HIS EXCELLENCY THE GOVERNOE, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.
His Excellency Major-General R. G. BROAD- WOOD, C.B., A‚O.D., General Officer Command- ing the Troops.
Hon. Mr. F. H. MAY, (Colonial Secrtary), Hon. Mr. W. REES DAVI88, (Attorney. General)
Hon. Mr. A. M. THOMSON, (Colonial Trea- surer).
Hon. Mr. W. CHATHAM, C.M.G. (Director of Public Works).
Hon. Mr. A.W.BREWIN (Registrar-General), Hon. Commander BASIL R. H, TAYLOR, R.N., (Harbour Master).
Hon, Dr. Ho Kai, M.B., C. M., C.M.G. Hon. Mr. B. A. HEWETT.
Hon. Mr. H. KESWICK,
Hon. Mr. WEI YUK.
Hon. Mr. E, OSBORNE.
Mr. A. G. M. FLETCHER (Clerk of Coungils),
MINUTES.
The minutes of the previous meeting were read, and confirmed.
STANDING COMMITTEES,
HIS EXCELLENCY-Before proceeding with the business, under the standing orders it is necessary to appoint the standing committees for the year,
Finance Committee-All the members except myself, with the Colonial Secretary as chairma
Law Committee-The Attorney-General an chairman and the former members, Hon. Dr. Ho Kai, Hon. Mr. Wei Yuk, Hon. Mr. H. E. Pollock and the Hon, the Harbour Master.
The Public Works Committee remains without change-The Hon. Director of Pablia Works, Chairman, the Hon. Colonial Treasurer, Hon, Mr. Osborne and Hon. Mr. Keswick.
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command of HLE, the Governor, laid on the table Financial Minutes 48 and 49 and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER 8econded, and the motion was agreed to,
FINANCIAL.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the report of the Finance Committee No. 9 and moved its! adoption.
The COLONIAL Treasurer seconded, and the motion was agreed to.
THE COMPANIES ORDINANCE,
The ATTORNEY-GENERAL-Sir, Imove the second reading of the Bill to Amend the Law Relating to Companies. Now Sir, the object of the Bill is set forth in the preamble. Com- panies registered under the Ordinance of 1965 are required to keep register of members, Under this Bill the Governor-in-Council is empowered to grant a license relieving a com- pany from keeping its register at the registered office in Hongkong. In such case the register kept hitherto presumably at the head office of the company is to be regarded as the register kept under the Companies Ordinanc 1865. I may say, Sir, that the Bill has re- ceived the full consideration of the Chamber of Commerce at Hongkong and also of the author. ities representing the various companies in Shanghai which will be primarily interested in the proposal Representations have been for warded to the Government from the represents- tives of the various Shanghai companies, and they approved in general all the proposals con- tained in the Bill. There were, Sir, two or three amendments proposed by the representa. tives of the Shanghai companies, and they were submitted for the consideration of the Govern ment, which has approved of all these amend- ments. Two out of three were incorporated in the Bill and in reference to the third amendmout the Government approved of it
576
in a modified form. The amendments pro- posed by the representatives of the Shanghai Chamber of Commerce were considered in regard to clause 4 of the Bill, where it is proposed that a foe of four cents for every $100 of the nominal capital of the company should be paid in respect of the license issued under the Ordinance. It was suggested that instead of "nominal capital" it should be "paid up capital." We are of opinion that that was a practical pro posal and the Government amended it Bocordingly. In clause 4, amb-section 8 (b) the question of domicile was raised and in regard to stamp duties, it was suggested in the bill as originally drafted in clause 4, sab section 8 (b) the words "domicile else- where than in the Colony," should be eliminated. The reasons for this, which I think are annecessary to recapitulate, appear to be sufficient. The Government eliminated these words. The only other amendment was in olasse 6, sub-section 1, which requires that in the event of a company not having obtained a license it shall be struck off the register if it fails to comply with the Ordinance after the. expiration of one month. The proposal from Shanghai was that the time of expiration of notive should be three months instead of one. The Government has met them half way sad suggested that s notios of two months would ba sufficient, The Bill is non-controversial and I trust the Council will approve. I movò that the Bill be read a second time.
The COLONIAL SECRETARY 50conded.
Hon. Mr. HEWITT-Sir, after the explana tion made by the Hon. Attorney-General" it is annecessary for me to say anything.
Ho explained to the Council that the question, had been referred to Shanghai, and the Bill as it now stands in its altered form with one slight alberation, has been accepted by the Chambers of Commerce at Shanghai and Hongkong. With regard to section 6, sub-section 1, I wish to make a slight suggestion which, I traat, we will be enabled to deal with in the committee stage of the Bill.
The Bill was then read a second time. Coun oil went into committee to consider the Bill olanse by olause, and the Attorney-General intimated he would consider the point raised by the Hon. Mr. Hewett and, if necessary, re commit the Bill.
EXPOSURE IN THE STOCKS.
The ATTORNEY-GENERAL-Sir, I rise to move the second reading of the Bill entitled an Ordinance to limit the imposition by public exposure in the stocks. I need not expatiate on this Bill at any length. It has been thought hat punishment inflicted in the stocks has in some cases taken rather an exaggerated form. Having regard to representations in the matter it is desirable that in future punishment should be limited to cases where an offence is punish- able by imprisonment. The Bill is introduced with that object.
THE COLONIAL SECRETARY seconded,
Hon, Mr. KESWICK-I wish, Sir, to oppose this Bill because I feel it is being rushed on us. You will pardon me, Your Excellency, if I call your attention to the fact that you have only recently arrived hore, and have not had opportunity of studying the conditions under which we live and the condi. tions of crime and the status of the people who commit crimes and incommode us here. The Hon. Attorney-General has also but recently arrived. I cannot but feel that we are being rushed on this Bill by a small section of the Chinoso community hors who evidently have control of one of the morning papers and who, having acquired a certain amount of Western knowledge and learning, consider the exposuro of their fellow countrymen in the stocks is a reflection upon themselves, They, however, entirely forget that wo are absolutely next door to Chins, and that a man only requires twenty minutes to get over the border. The people who are punished by stocks are not the enlightened gentlemen of the Chinese nation who are a credit to any nation
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