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HONGKONG LEGISLATIVE COUNCIL
The Objects 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.
THE ATTORNEY GENERAL then 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- ed.
one.
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What we are asked to do is to fly in the THE COLONIAL SECRETARY second
The ed. and the Bill was read a first time. face of His Majesty's Government. question of trade marks has been brought up by the Chamber of Commerce and the views of the Chamber of Commerce have been submitted to His Majesty's Govern- His ment and the consideration of Majesty's Goverument has been invited on the subject. This case is not analo- 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 by the consent of His Majesty's Government. The legislation entailed by the resolu- tion proposed is legislation which His Majesty's Government have most care fully considered and to which they can- not give their consent. I would appeal to hon. members that if this Council, in spite of the opinion given to it by the Attorney-General, passes this resolution and thereafter devotes much time to legis lation which would inevitably be vetoed, it would be, at a very serious time, em- barrassing His Majesty's Government. I understand we are at 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 flag, and to asssit His Majesty's Government in every way in its power. It may be that the discussion this resolution may possibly be of some use, but it will be just as useful if the motion is withdrawn or a division,
: I therefore ask the is not pressed 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.
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HON. MR. HOLYOAK-With all due deference, I regret that I am bound to ask for a division on the subject. I think that I may confidently say that the opin- ion of the Colony is not with the Govern ment on the subject.
A vote was then taken. All the un- official members voted for the resolution, and all the official members voted against it. 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.”
Hos. MR. POLLOCK 1 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-dry.
Hon. unofficial purely formal inembers have 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 ther i are various matters in regard to the measure which are very much open to criticism, and I do not mean merely small details. For instance, this Bill 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
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HONGKONG LEGISLATIVE COUNCIL
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it should go through at this sitting, In Committee various amendments, such as, retrospective application of the Bill will doubtless be considered. and after 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 got a staff.
Ordinance resembling that. Clauses 27 and 28 refer to the same people; you 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 I 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 cross or some other sign placed upon it showing that it
HON. MR.
POLLOCK With all examined by a Revenue Officer. Such an deference, Sir, I think there will have experience will be entirely new in the to be an increase of staff. That Colony, and I think it is a restriction of seems to be obvious to anybody taking a most vexatious kind. We are told that a commonsense view of it. There this Bill is founded upon the Liquors must be some staff employed in con- Ordinance, but there are great differences | nection of the matter. I am not between this Bill and the Liquors Bill. at all satisfied that some other measure, These are points which I have so far been such as an increase in the Rating assess- able to find out in connection with the inent, could not have been devised to give proposed Bill, and I submit that it is
us the extra revenue needed without any not right and proper that this Bill, which additional cost for collection. We do has been put down for first reading to- not know exactly what revenue we shall day, should be rushed through in this get from the measure, we are acting very way, and I beg to move as an amendment much in the dark, as to the exact amount that the further consideration of the Bill to be produced, and we are going to em- be postponed for a fortnight.
ploy an additional staff, the expenditure on which Mr. Hutchison estimates at $15,000 per annun
Hox. MR. HOLYOAK- -Ï 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- versial points. I may say, speaking on behalf of the Chamber of Commerce, who have already considered the question in the brief time allowed, that they consider the principle of retrospective tion grossly unfair to the Colony and ร thing almost, if not en- tirely, without precedent. Another thing which I should like to mention 19 the sudden manner in which this Bill
taxa-
of
His EXCELLENCY-Hon. members who have lived in the Colony, which is a free port, for a number of years are no doubt unaware of what happens in Colonies where the principal source of revenue is import duties. Now, I WAY for some time in the Colony
Fiji, and there the principal source of revenue was the import duties. And knowing what has happened there I have learned that if you want to tax new matter you have to put the tax on very quickly or otherwise you will simply play into the hands of the dealers and merchants and lose untold revenue and see undone what you have really worked for. In Fiji it was the custom to table a Bill containing alterations of this kind without any notier 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 HON. MR. E. SHELLIM-I beg to differ tobacco. In connection with the measure, from the Hon. Members who have just on April 27th, we wrote to that august spoken. The principle of the Bill hav-body, the Hongkong General Chamber of ing been accepted I am of opinion that Commerce, and I do not call them august
has been flung upon us, because, as far as my recollection serves me, it was dis- tinctly stated when the last Liquor Ordinance was passed that the revenue raised by the increase in duties would see us through for this year. One is therefore particularly interested in knowing what this money to be raised by the Bill is
for.
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