CO129-434 - Governor Sir May - 1916 [7-8] — Page 412

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

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HONGKONG LEGISLATIVE COUNCIL

been submitted to His Majesty's Govern ment and the consideration of His Majesty's Government has been invited on the subject. This case is not ana gous to the legislation which the hon. member who spoke third on the subject referred to, and which, by the way this Government got very little credit for at the time from unofficial members in Hong kong or the unofficial public generally. That legislation was passed with and hy the consent of His Majesty's Goernment. The legislation entailed by the resolu tion proposed is legislation which His Majesty'n Government have most care fully considered and to which they can not give their consent. I fould appeal to hon, members that if this Council, in spite of the opinion given to it by the Attorney General, passed this resolution and thereafter devotes much time to legis lation which would ingitably be vetoed, it would be, at a very serious time, era- barrassing His Majesty's Government. I understand we are a war, and I under stand that it is the duty of all the Colonies in all the corners of the Empire to rally to the fog, and to asssit His Majesty's Goverment in every way in It may be that the discussion its power.

this resolation may possibly be of some use, but it will be just as useful if the motion is withdrawn or a division 1 therefore ask the is not press for. hon. member not to press this resolution, which, I think, after what the Attorney General has said, it will be realised is not convenient.

011

HCN. AR. HOLYOAK-With all due deferere. I regret that I am bound to ask for a division on the subject. I think that may confidently say that the opin- ion of the Colony is not with the Govern me on the subject.

vote was then taken. All the un- official numbers voted for the resolution, and all the official members voted against The resolution was thus declared defeated.

Tobacco Tax for Hongkong

THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, An Ordinance to provide for the tax- ation of tobacco."

THE COLONIAL SECRETARY second ed, and the Bill was read a first time.

TheObjects and Reasons" state that the object of this Bill is to provide for the taxation of tobacco consumed in the Colony. It is based on the Liquors Con- solidation Ordinance, 1916.

then

THE ATTORNEY - GENERAL moved the suspension of the Standing Orders so that the Bill could be passed through all its stages at that meeting.

THE COLONIAL SECRETARY second- F].

One.

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Hox. MI:. POLLOCK-I rise oppose the suspension of the Standing Orders. This Bill was only sent out with the Orders of the Day, and we were then told that it would only come up for first My objection is not a reading to-day.

Hon. unofficial purely for al members he had this Bill in their possession for barely three days I saw it for the first time on Tuesday morning, and it is unreasonable to expect us to know much about it, because this Bill requires a great deal of study. I do not think there is an unofficial member who can be said to have had sufficient time to. consider the measure, and the Objects and Reasons, which are usually finger posts to guide us where to look, are of the shortest possible nature in this Bill. By the courtesy of the Attorney-General, I was supplied with a copy of the Straits Settlements Ordinance on this matter. That, I find, Sir, is quite a new measure, and, therefore, it cannot be said to have anything to recommend it from the point of view of experience. I find that there are various matters in regard to the measure which are very much open to do not mean merely criticism, and I

For instance, this Bill small details. Proposes to tax retrospectively tobacco which may have been in this Colony for the last year or two. It is not proposed to tax tobacco imported into this Colony, we will say, to-day or to-morrow, but it is proposed to tax tobacco which may have been imported a year or two ago, cigars and cigarettes, and make them liable to duty. That, Sir, is one point. Another point in the Objects and Reasons is that this Bill is based on the Liquors Consolidation Ordinance. 1911. Clause 17 of the proposed Ordinance says that the owners, charterers, agents, masters or compradores of any ship shall prevent the discharge of any dutiable tobacco. I cannot find a clause in the Liquors Clauses 27 Ordinance resembling that. and 28 refer to the same people; you

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retrospective application of the Bill will doubtless be considered, and after the Bill passes, should later on further amendments be considered necessary, they will doubtless receive the sympathetic consideration of the Government.

HON. MR. POLLOCK I suppose that this Bill will mean an increase in the staff if it is passed. That seems to be the result of a Bill of this sort.

HIS EXCELLENCY-We have gor &

again make them all liable. Clause 41, which lays down that all persons embark ing shall have their luggage searched is most extraordinary clause, and 1 think it will be difficult to find any pre- cedent for such extraordinary legislation as that. It will mean a great deal of inconvenience when one wishes to leave the Colony, I think that this is the first time in the history of the Colony that passengers who embark here will have to undergo the inconvenience of having their luggage searched, and have a white chalk cresA or some other sign placed staff.

showing that it has been upon it examined by a Revenue Officer. Such an HON. MR. POLLOCK-With all experience will be entirely new in the deference, Sir, I think there will have Colony, and I think it is a restriction of to be an increase of staff. That a most vexatious kind. We are told that seems to be obvious to anybody taking this Bill is founded upon the Liquors a commonsense view of it. There Ordinaner, but there are great differences | must be some staff employed in con- between this Bill and the Liquors Bill. nection of the matter. I am These are points which I bave so far been all at satisfied that some other measure, able to find out in connection with the such as an increase in the Rating assess- proposed Bill, and I submit that it is ment, could not have been devised to give hot right and proper that this Bill, which us the extra revenue needed without any has been put down for first reading to additional cost for collection. We do day, should be rushed through in this not know exactly what revenue we shall way, and I beg to move as an amendment get from the measure, we are acting very that the further consideration of the Bill much in the dark, as to the exact amount be postponed for a fortnight.

to be produced, and we are going to em- ploy an additional staff, the expenditure on which Mr. Hutchison estimates at $15,000 per annum.

not

HON. MR. HOLYOAK--I beg to second that. I agree that insufficient time has been given for the consideration of the Bill, which is an important measure and which has so many contro-

HIS EXCELLENCY-Hon. members versial points. I may say, speaking on

who have lived in the Colony, which is behalf of the Chamber of Commerce, who free port, for a number of years are have already considered the question in no doubt unaware of what happens in the brief time allowed, that they consider | Colonies where the principal source of the principle of retrospective taxa- revenue 18 import duties. Now, I tion grossly unfair to the Colony was for Sunt! time in the Colony and a thing almost, if not en-of Fiji, and there the principal tirely, without precedent. Another thing source of revenue was the import duties. which I should like to mention is And knowing what has happened there the sudden manner in which this Bill I have learned that if you want to tax has been flung upon us, because, as far new matter you have to put the tax on as my recollection serves me, it was dis- very quickly or otherwise you will simply tinctly stated when the last Liquor play into the hands of the dealers and Ordinance was passed that the revenue merchants and lose untold revenue and raised by the increase in duties would see us through for this year. One is therefore for. In Fiji it was the custom to tabis see undone what you have really worked particularly interested in knowing what a Bill containing alterations of this kind this money to be raised by the Bill is without any notice being given to un- official members whatsoever, It was in- troduced and put through at a sitting. Now this is a Bill for the taxation of tobacco. In connection with the measure. on April 27th, we wrote to that august body, the Hongkong General Chamber of Commerer, and I do not call them august

for.

Hox. Ma. E. SHELLIM-I beg to differ from the Hon. Members who have just spoken. The principle of the Bill hav- ing been accepted I am of opinion that it should go through at this sitting. In Committee various amendments, such as,

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