CO129-435 - Governor Sir May & Acting Governor Claud Severn - 1916 [9-11] — Page 587

36

HONGKONG LEGISLATIVE COUNCIL

ported shall pay any duty and if any tobacco which has paid duty is exported provsion will be made for a rebate of the duty. Clauses 9 and 10 are taken practically wholesale from the Liquors Ordinance and provide for the case of contracts which are already in existence or which may be in existence when the duties are altered or repealed. Clause 57 is a somewhat novel clause which provides that ૧ summons may be served on a body corporate or the firm, and that a body corporate may appear by an officer or partner. I think that is all I need say on the principle of the Bill, and I beg to move its second reading.

THE COLONIAL SECRETARY second- ed.

Hox. MR. POLLOCK--With regard to Clause 17 Sir, there are shipping gentle- men here who will appreciate quite well the difference between master and agent and the owner, or charterer of a ship. The idea of this Clause seems to be absolutely ridiculous. Assuming a ship is on charter, surely the owner cannot be made Fable for what is done on that vessel. He may know absolutely nothing beyond the fact that the ship is on char ter. He would surely not know what was being discharged from the ship at a certain port. With regard to the Clause dealing with the examination of baggage eaving this Colony, I consider that to be an absolutely unnecessary and vexatious imposition. It is difficult enough to get away from here now, what with the passports and such like, and this will only add to the inconvenience already existing.

baggage for private use and which does not exceed such quantity, weight or value as may be allowed by the Superin- tendent or as may be appointed by re- gulation made under this Ordinance.

The following addition was made to clause 11 (1):-(c) If the tobacco is im- ported by the post, the duty shall be payable before the delivery of the tobacco. to the addressee, and the Postmaster- General shall refuse to deliver any such tobacco until the duty has been paid.

The following was added to Clause 17:-(3) Notwithstanding anything con- tained in this section it shall be lawful for the master of any ship to permit the landing of any dutiable tobacco which forms part of the contents of a mail brought into the Colony by such ship: provided that such tobacco is landed for removal direct to the Post Office as part of such mail.

The following was added to Clause 18:-(1) Notwithstanding anything contained in this section it shall be law- ful for the master of any ship to remove or cause to be removed to the Post Office any dutiable tobacco which forms into the Colony by such ship: provided part of the contents of a mail brought

that such dutiable tobacco is removed direct from the ship to the Post Office: as part of the contents of such mail.

The following sub-section was added to Clause 24-(g) Part of the contents of a mail and is either in the Post Office or is in course of removal direct to the Post Office from the ship on which it was imported.

"

(6

In Clause 53 the words

or Mono-

Govern- were inserted between

and Analyst in the third

poly ment

were

In Clause 55 the words " on the ap- plication of the Superintendent " inserted between in the first line.

THE ATTORNEY-GENERAL-Regard- line. ing the placing of responsibility on the charterers, etc., of course if a charterer can prove that he knew absolutely nothing about what was happening on the ship at a certain time no blame could be at- tached to him. That is obvious. With regard to Clause 41, that appears to be a question for Committee, the question of examination of luggage on embark- ing, as it may be that the Government will be prepared to accept an amend-

ment.

Council then went into Committee to consider the Bill clause by clause.

The following addition was made to clause 6 (5)--(d) Tobacco which is im- ported in broken packages in passengers'

may" and " award

In Clause 17 (1) the word "not allow " in the second line were substituted for the word prevent."

"

In Clause 57. (2) the words other responsible representative" added in the last line.

or"

were

On Council resuming, the ATTORNEY- GENERAL moved that the Bill be read a third time.

THE COLONIAL SECRETARY second- ed, and the Bill was then read a third time and passed.