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HONGKONG LEGISLATIVE COUNCIL
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THE ATTORNEY-GENERAL With regard
what has just been said by the hon. member on my left, it is necessary, of course, that the definitions in this Bill should follow exactly the definitions of the Order-in-Council, and am afraid that it is impossible at this stage to delay the passing of the Bill in the hope of obtain ing some alterations in the definitions of the Order-in-Council, which, by the way, would involve the passing of a Order. I am also aware that there are some questions with regard to one or two companies as to whether they fall in one class or in the other, but I think, Sir, there will not be any practical difficulty. The question will, of course, ultimately have to be decided or agreed. The deci- sion rests with the Court eventually, and I do not think that the question will arise II any company where
any real difficulty is likely to arise account of its non-British char- actor. I think the discussions, if any; Sir, with regard t the companies of which I have heard, will be more or less friendly. Sub-section 4 of Clause 3 is necessary because if it were not inserted China companies would be under an obligation to pay off their fees to the Registrar of Companies here, which would be inconvenient, and an almost impossible procedure. This clause re- quires the fees to be paid at Shanghai, where, of course, the whole company is situated, and where the head office generally is, and avoids the inconvenience of having to and all the fees down here direct. The Clause referred to by the hon. member on my left in the Order-in- Counci¡ provides that the fees paid to the Registrar at Shanghai shall be paid by him to the Colonial Treasurer. I submit the provisions are clear and necessary.
Council then went into Committee to consider the Bill clause by clause.
On sub-section 4, Clause 3,
to Hongkong in having the fees sent
That has been the procedure direct. followed for the last forty or fifty years.
the
HIS EXCELLENCY- -The Order-in- Council has been under the con- sideration of His Majesty's Govern- mont and
form of this Bill, of
had Curse.
to conform with the Order-in-Council. The whole thing has been approved at Home, and I cannot see, myself, any difficulty in effecting the provisions of it. I cannot take upon my- self the responsibility of changing some delicate piece of legislation which has wishes of the Colonial Office and the For- been fashioned and conformed to the eign Office combined, and I do not think matters of any real importance in the carrying out of the Ordinance are likely to have been missed by them.
THE ATTORNEY-GENERAL-I think that the answer to what the hon, member in the Order-in-Council, on my left has just said is to be found Whether this provision in the bill would be ultra rires if not re-enforced by the Order- the Order-in-Council provides that the in-Council is beside the point, because
Court jurisdiction of the Supreme
China shall be exercised in accordance with the Ordinances pa sed here,
in
HON. MR. POLLOCK moved an amend-
ment that the words at Shanghai
should be deleted from the clause, but upon being put to the vote the amendment was lost.
HIS EXCELLENCY-The Bill has received extraordinary consideration, and the whole thing has really gone through the mill at Home, and I do not think there can be much wrong with it under these circumstances.
On Council resuming,
THE ATTORNEY - GENERAL moved HON. MR. POLLOCK-With regard to that the Bill be read a third time.
this clause, I have listened carefully to THE COLONIAL SECRETARY second- what has fallen from the learned Attored, and the Bill was then read a third ney-General, but I still think amendment time and passed. should be made, For one reason, it seems an absurdity that we should enact in this Colony that certain people outside judisdiction ought to pay fees to a party outside jurisdiction. It seems to me that such legislation is absolutely futile, and cannct have any effect. In regard to the other matter, I do not see any difficulty
Imports and Exports
*
THE ATTORNEY-GENERAL moved the second reading of the
Bill intituled, An Ordinance to amend the law relating to importation and exportation." In doing so he said:-
HONGKONG LEGISLATIVE COUNCIL
The existence of a. state of war has rendered it necessary from time
-out
now
to time to impose restrictions on the im- portation of goods coming into the Colony, and the exportation of goods from the Colony. The restrictions are imposed in accordance with a general policy which is carried out throughout the Empire, and the main object of it, of course, is to prevent any trading with the enemy or with enemy countries. The difficulty which has been felt here on more than one occasion, and which does not exist elsewhere, is that we have here no general Customs law, or any general Customs or- ganisation. It has been possible hitherto to deal with the situation without any such system, but as things are it is impossible to go on any further with- fuller powers than the Govern- ment possesses at present. This Bill is intended to give the Government these fuller powers, The scheme of the Bill is to give the Governor-in-Council power to impose any restrictions necessary for all imports and exports. It also provides for the punishment of breaches of the regula- tions made, and for the forfeiture of any goods in respect of which an offence is comi mitted.
clauses provide Other
for powers of search and seizure and arrest, and also provide that import and export manifests, which are now furnished under other Ordinances, shall be prima facie evidence, in the case of any prosecution or other proceedings, that the goods on the manifest were imported or exporte 1. as the case may be. The powers given to the Governor-in-Council are rather wider than those usually conferred by Ordinance, but the subject is one which requires frequent changes to be made in the law at short notice. Attempts at evasion require prompt measures to meet them, and it is also found sometimes that new means can be devised of attaining the same end which will be more con- venient to legitimate commerce a quick method of legislation is generally most convenient both to prevent evasion and to help legitimate operations. I beg to move the second reading.
ed.
THE COLONIAL SECRETARY second-
Council then went into Committee to consider the Bill clause by clause.
THE ATTORNEY-GENERAL moved the addition of the following clauses, which were approved.
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6-(1) Upon the failure of any condi- tion of any bond required as a condition on the granting of any permit or any licence issued under this Ordinance the sum secured by the bond shall be deemed to be a debt due to the Crown and may be recovered in the same manner as Crown rents are recovered upon a certificate pur porting to be under the hand of the Colonial Treasurer.
(2) The recovery of any such sum shali not relieve any person from other
any penalty to which he may be liable under this or any other Ordinance.
7-(1) Upon the breach of any condi tion of any permit or any licence issued under this Ordinance any deposit required as a condition on the granting of such permit or licence shall upon application to a magistrate be declared by him to be forfeited to the Crown.
(2) The forfeiture of any such deposit shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.
There were a few minor amendments. and 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.
THE GOVERNOR -Council stands ad- journed until this day week.
FINANCE COMMITTEE.
A meeting of the Finance Committee followed, the COLONIAL SECRETARY presi-l- ing.
Lighting of Kowloon
The Governor recommended the Council to vote a sum of two hundred dollara ($200) in aid of the vote Public Works, Recurrent, Kowloon, Lighting, Electric Lighting.
THE CHAIRMAN-The sum is needed for the upkeep of the additional lights which have been placed recently in the town of Shamshuipo, where, as I have. informed the committee on a previous occasion, there is a scheme of re-arrange- ment going on.
The vote was agreed to.
No comments yet.
Private notes are available after approval.