CO129-358 - Governor Sir Lugard - 1909 [10-11] — Page 96

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x. That on the 25th day of February last the said Bill was read a third time and passed, the Senior Unofficial Member of the Council recording his dissent and that, on a division being taken, all the Unofficial Members save one, again voted against it.

XI. That your petitioners humbly but earnestly submit that the making of spitting a Criminal offence will have a far reaching effect on the welfare, trade and business of this Co- lony, which has of late suffered great depression; and that any interference by law with the per- sonal habits of its inhabitants will, at this juncture, increase the depression, shake the confidence of the Chinese Community in the toleration and benevolence of the Government and prevent their countrymen whose presence contributes directly to the prosperity and welfare of the Co- lony coming from the mainland of China as heretofore.

XII. That the effect and force of this said Section will be felt chiefly by the Chinese labouring classes, who form the largest portion of the population and whose cheap and reliablo labour is the mainstay of Hongkong's trade and industry. It also touches closely Chinese visiting the Colony with a view to doing business, finding profitable investment for their capital, estal- lishing business connections, or merely travelling to other countries.

XIII. That Hongkong is situated close to the mainland of China, and occupies a position unique and impossible to compare with that of such places as the Straits Settlements, Australia or America. Its Chinese population is largely a floating one and the daily arrivals and departures of Chinese, most of whom are new comers or visitors, are commuted by the thousands. They could scarcely be expected to know that spitting at certain places is punishable as a Criminal offence and would, consequently, be in constant danger of suffering fine or imprisonment. A great proportion of them too, are labourers who are unable to read notices posted in their own language. Even if they were previously warned, they could hardly be expected to change their long and confirmed habit within a short time, and at once to regard a common and in their eyes a harmless practice in the light of a serious crime. Should the offenders be of the labouring class, coming to Hongkong with the object of looking for work, a tine or imprisonment will mean ruin; should they be gentlemen of rank or position, or merchants who come here simply on a visit or for the purposes of trade, they will resent the law and will in future avoid Hongkong as much as possible. In short, the enforcement of such a law will tend only to drive away honest labourers and intending investors and visitors, and to increase the number of law-made Crimes, to the detriment not only of your petitioners' individual business, welfare and interests but also those of the Colony.

XIV. That your petitioners also submit that on account of the peculiar character of the buildings in Hongkong and its enormous native population, it is undesirable to enforce such a law and impracticable to do so without at the same time creating bad feeling and giving rise to misunderstanding among its Chinese inhabitants, a condition to be deplored in the interests of both the European and Chinese population. By far the greater majority of the buildings in the Colony are Chinese tenement houses nearly every one of which is inhabited by several families. The ground floors are generally occupied as shops. It follows therefore, that each tenement house has a common entrance or staircase and a shop on its ground floor. It will thus be well nigh impossible to have a police force large enough to watch over these places. Again in enforcing this law, the police constables must be entrusted with the power of summarily arrosting offenders and with discretion in exercising this power. Although the police force of Hongkong is under the strictest discipline, its members are men of various nationalities, European, Indian and Chinese, Í and it is highly dangerous to place in their hands a discretionary power which may be used as an instrument of oppression, revenge or black-mail. On the other hand, if no discretionary power is

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