Enclosure 5.
9.17.
HONGKONG
LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on Thursday at the Council Chamber.
....
The following were present:- HIS EXCELLENCY THE GOVERNOR, SIR F. H. MAY, K.C.M.G.
THE HON. THE OFFICER COMMANDING THE TROOPS, COLONEL C. W. ST. Jons.
Hon. Mr. A. M. TROMSON (Colonial Secretary).
Hon. Mr. J. A. S. BUCKNILL (Attorney- General).
Hon. Mr. C. Mcl. MsgSER (Colonial Treasurer),
Hon. Mr. W. CHATHAM, C.M.G. (Direc- tor of Public Works).
Hon Mr. E. R. HALLIFAX (Registrar- General).
Hon. Captain F. J. BADELEY (Captain- Superintendent of Police).
Hon. Sir Kat Ho Kaj, M.D., C.M.G. Hon. Mr. WAI YUK.
Hon. Mr. H. E. POLLOCK, K.C.
Hon. Mr. C. H. Ross.
Hon. Mr. J. W. C. BONNAR.
Hon. Mr. E, OSBORNE,
Mr. A. G. M. FLETCHER (Clerk of Councils).
MINUTES.
The minutes of the previous meeting were read and approved.
BOYCOTT PREVMATION ORFINANCE, The ATTORNEY - GENERAL moved the fret reading of a Bill entitled
"An Ordinance to prevent the undue and im- proper interference with or hampering of lawful business and commercial under- takings.' In doing so he said--As i pro- pose to ask the Council that the Standing Orders be suspended so far as may be necessary to put this Bill through the whole of its stages, I do not propose to make any remarks at this stage, but to confine what I have to say to the time when I move the second reading.
The COLONIAL SECRETARY seconded, and the motion was agreed to
The ATTORNEY - AFNERAL moved susspension of the Standing Orders.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
the
The ATTORNEY GENERAL--I beg to move the second reading of the Bill, and is doing so I intend to remark upon it only very briefly. The object of the Bill is con tained in the objects and reasons printed at the end of the Bill. The principle of the Bill is to enable, some sort of control to be exercised over attempts to interfere with ordinary business transactions or to cripple or hurt industries in any way which is obviously improper and illegal. Now this Bill, Sir, creates a certain offence, and in addition, to creat- ing a certain offence it also provides that it should be possible to impose a tax which amounts to a levy in certain areas which are called in the Bill proclaimed areas. These areas are places where these projects, unlawful projects, are hatched, aad from which these proposals actually to interfere with trade and business emanate. Now, Sir, it will be observed that in the Bill there are two important safeguards, and the principal of these is that it is possible to exempt from the operations of this special levy any pro- perty which for any good reason ought not to be included in the levy, and the second exemption will be contained in the clause which I shall propose to move in the committee stage, namely, that it shall not be necessary that this Bill should be always in operation, but that it should be possible for His Excellency to suspend Its operation, in whole or in part, for such time as His Excellency may consider fit; that is to say, that in the absence of
some...
any proclamation to that effect the Bill would ordinarily be part of the law of the Colony, but if His Excellency thought fit to issue a proclamation suspending the operation of the Ordinance or part of it, i would accordingly be suspended and out of operation. i propose to move a clause to that effect at a later stage. This legislation may
perhaps seem what unrsual, bat 28 & matter of fact it is not extraordinary. It has ample precedents not only in England but elsewhere. One of the commonest forms of stopping matter, over which there is no very ready control is by lerying a special lax on the placo where that improper conduct takes place, and also by making persons, even if they may not themselves be actually guilty, pay with the persons who actually are. As a matter of fact, this is one of the oldest principles in English law. With regard to the offences which are created, I think no reasonably minded person can possibly have any objection to the crea- tion of such offences. They are really in certain circumstances already offences, but this Ordinance will more clearly define these offences.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
Council then went into committee to consider the Bill clause by clause.
On clause 9,
Hon. Sir KAI HO KA-May I ask what steps the Governor-in-Council preposes to take before proclaiming any area.
It might be that certain bad characters from one district would come into a peaceful district and cause a riot. In such a case it would be extremely unjust to the peace- ful inhabitants that they should be mulcted in this special levy while the dis- trict which harboured the bad characters escaped free. I think an explanation will allay the appreh♣nsion of the public.
The COLONIAL SECRETARY- Before any action is taken the Government would satisfy themselves by every possible in- quiry as to the facts and circumstances which it would be possible to find out in connection with the matter before they issued the proclamation. In the case of the circumstances postulated by the hon. momber it would be such an obvious case that it would be easy to apply the pro- clamation to the district in which the riot took place.
Hon. Sir Ka Ho Ka-Will arrange- ments be made to allow the leading in- habitants to give information or to appear before the Governor-in-Council to assist the Government in arriving at a correct conclusion?
The COLONIAL SECRETARY-If you will turn to sub-section 7 you will find that they will even receive rewards for giving information.
Hon. Sir KAI HO KAI-I know that, but will there be an arrangement whereby the Governor Can summon leading inhabitants of a particular district and question them, so that they will have a change of stating their case before the proclamation is issued!
to
His EXCELLENCY-The Government will take every reasonable rears of finding out all the circumstances. Of course in many cases the conduct of the people living in a district would be sufficient evidence whether they were supporting a boycott or whether they were not. Sup- posing a shop was being boycotted, as happens in Ireland. It is not a difficult matter
ind out who formerly. patronised that shop and who were refus- ing to deal with it. I do not think that the hon. member nced fear that advantage will be taken if unhappily it should be necessary to take action under this section to act unjustly or without proper inquiry. Hon. Sir Ka Ho Kar-Then I take it, your Excellency, that every precaution will be taken to give the inhabitants of a district an opportunity of clearing themselves. If your Excellency will give an assurance to that effect-
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