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HONG KONG LEGISLATIVE COUNCIL
they should remember that the stronger those Colonial armed forces
are the less seldom comes round the duty which weighs heavily on men who have their ordinary avocations to follow in the day- time and very often far into the night. I feel certain that now His Most Gracious Majesty's wishes have become publicly known that in a short time I will be able to assure the Secretary of State for the Colonies that there is not a British sub- ject in Hongkong who is physically fit for the duty who has not tendered his services either to assist the General Off- cer Commanding in the defence of the Colony or to assist in the preservation of order within its borders.
FULL COURT ORDINANCE
THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, "An Ordinance to amend the Full Court Ordi- nance, 1912, and to make further provi- sion for the constitution of the Full Court."
The Objects and Reasons state that one object of this Bill is to enable a Full Court of two judges to dispose of all incidental matters relating to applications for leave to appeal to His Majesty in Council, in cluding such matters as the adjournment of an application. This is necessary on account of the fact that one of the judges who constitute the Full Court of three judges does not reside in the Colony. The actual hearing of the appeal will as before have to come before a Full Court of three judges, except in the case dealt with in the next paragraph.
The Objects and Reasons state that the main object of this Bill is to introduce the provisions of the Trading with the Enemy Amendment Act, 1915, 5 and 6 Geo. 5, c. 79. It also makes certain other minor amendments in the law.
Clauses 2 and 3 are intended to improve the provisions for restraining the registra- tion of companies formed for the purpose of acquiring the whole or any part of the or companies, undertakings of firms which, though not entirely of enemy char- acter, yet contain such an amount of enemy character, or such a connection with the enemy as to render them liable to sus- picion
The effect of the amendments will be to make the law on this point the same as the law in the United Kingdom.
Clause 4 is taken from the Trading with the Enemy Amendment Act, 1914, 5 and 6 Geo. 5. c. 12, and provides an additional ground for the appointment of a controller under section 4 of the Principal Ordi-
nance
Clauses 5 to 7 are taken from the Trad- ing with the Enemy Amendment Act,
1915.
Clause 5 includes in the list of moneys which must be paid to the custodian (a) the interest on securities issued by any government or corporation and (b) any
mount payable on the payment off of any security issued by a company. It also throws on the person through whom any interest on such securities would be paid in the Colony the duty of making the pay- ment to the custodian. A sub-clause gives the Governor power
to exempt liquidator or any other person from the operation of this clause.
any
The other object of the Bill is to provide that the Full Court may in any case con
Clause 6 adds to the forms of property sist of only two judges if in the opinion of the judge whose judgment or order is held on behalf of an enemy which must be being appealed from is unnecessary. This notified to the custodian (a) balances and provision could be utilised in order to pre-deposits standing to the credit of enemies vent the congestion of work which might Full occur during a long session of Court of three judges.
a
SECRETARY
se-
THE COLONIAL conded, and the Bill was read a first time.
THE
TRADING WITH THE ENEM
ATTORNEY-GENERAL moved the first reading of a Bill intituled, “An Ordinance to amend further the Trading with the Enemy Ordinance, 1914."
at any bank and (b) debts to the amount of $500 or upwards which would have been due to enemies. It also requires the custo- dian to keep a register of all property re- turns which will be open to inspection by persons interested. The Governor is given power to exempt from this section also.
Clause 7 requires companies which are liable to inspection on account of their partial enemy character or their former connection with an enemy, to give notice to the custodian before commencing any legal proceedings.
HONGKONG LEGISLATIVE COUNCIL
se-
THE COLONIAL SECRETARY conded, and the Bill was read a first time.
THE MAGISTRATES' ORDINANCE
THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, "An Ordinance to amend the Magistrates' Ordinance, 1890, and for purposes con- nect d therewith."
The Objects and Rea ons state that Clauses 2 and 3 of this Bill are to enable a magistrate to proceed ex parte upon the failure of the defendant to appear in answer to his summons. The effect of these clauses will be to assimilate the law on this point to that in force in England. Clause 4 is inserted in order to make it clear that the above two clauses will apply to all summonses issued after the com- mencement of the Ordinance whether the offence was committed before or after that date.
Clause 5 proposes to raise the maximum fine to $250 in the case of indictable offences tried summarily. This is in order to as- similate the maximum fine in this class of case to the maximum fine adopted in clause 6 in accordance with the law in force in England.
Clause 6 is intended to give a magistrate power in all cases to impose a fine instead of imprisonment, It is taken from the Summary Jurisdiction Act, 1879. The magistrates in Hongkong already have power to fine in most cases, but a few cases exist in which they have not. Examples are the offence of unlawful pawning and the offences punishable under the Vagrancy Act, 1824.
Clause 7 is intended to assign to Ordi- nance No. 28 of 1913 a different short title from that of Ordinance No. 3 of 1913.
se-
THE COLONIAL SECRETARY conded, and the Bill was read a first time.
DEBATE ON THE BUDGET
THE COLONIAL SECRETARY moved the second reading of the Bill intituled, 'An Ordinance to apply a sum not ex ceeding nine million eighty-one thousand two hundred and nine dollars to the Pub- lic Service of the year 1916."
THE COLONIAL TREASURER conded.
se-
cannot
your
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THE HON. MR. HEWETT--Your Excel- lency, I have been asked by the Unofficial Members to make the first reply on their behalf to the speech your Excellency made a fortnight ago when laying the I Estimates for next year before us. very much regret the unavoidable absence of two of my unofficial colleagues, but perhaps it would be just as well if I added that all the unofficial members met in my office last week, when we considered your Excellency's speech and the Budget, and what I am about to say is done with the unanimous approval of my unofficial colleagues. Generally speaking, the Bud- get, considering the abnormal conditions under which we are existing, must be considered as a satisfactory one, particu- larly in view of the very heavy public which works in which we are engaged, many of bc suspended, and the difficulty in making the Budget meet. We are glad
Excel- lency has been able to put before
Budget a
which does
call for increased taxation, although probably that may have to follow before very long. On behalf of the unofficial members, and I am sure I am speaking on behalf of the whole community, we realise the very that has fallen on our great stress Empire, and in every possible way we are prepared to support your Excellency in any scheme you may bring forward with a view to our taking a full share of the burdens thrust upon us. We entirely agree with your Excellency that this is a time when rigid economy should be prac- tised, and we regret very much that it has been found necessary to temporarily suspend necessary public works, but we realise that, whatever the cost is, certain works such as the Yaumati Refuge, the Tai-Tam-Tuk water scheme, and one or two other such works must be proceeded with, and the money must be found, either by short loans or other means found most convenient.
us
not
Objection to the Harbour Moorings
Scheme
the public works expenditure extraordin
There is another point, of course, in ary which should also be pressed forward -I do not think your Excellency especially referred to it. That is, the erection of quarters for the Government staff. That is practically a remunerative investment, and should be proceeded with Your Excellency spoke of ruthless economy. That is rather a harsh term,
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