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HONGKONG LEGISLATIVE COUNCIL
PRESENT:
-
3RD NOVEMBER, 1921.
HIS EXCELLENCY THE GOVERNOR, SIR REGINALD EDWARD STUBBS, K.C.M.G.
H.E. LIEUT-GENERAL SIR GEORGE MACAULAY KIRKPATRICK, K.C.B.,K.C.S.I. (General Officer Commanding the Troops in China).
HON. MR. CLAUD SEVERN, C.M.G. (Colonial Secretary).
HON. MR. J. H. KEMP, C.B.E., K.C. (Attorney-General),
Hox. MR. C. MCL MESSER, O.B.E. (Colonial Treasurer).
Hos. MR. E. A. IRVING (Director of Education).
HON. MR. S. B. C. ROSS, O.B.B. (Secretary
for Chinese Affairs).
Finance
THE COLONIAL SECRETARY, by com- mand of H.E. the Governor, laid upon the table Financial Minute No. 114 and moved that it be referred to the Finance Committee.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
THE COLONIAL SECRETARY, by com- mand of H.E. the Governor laid upon the table the Report of Finance Committee (No. 12), and moved that it be adopted.
THE COLONIAL TREASURER seconded, and the motion was agreed to.
Notice of Questions by
Hon. Mr. Pollock
HON. MR. H. E. POLLOCK,
K.C.
Hon. Mr. T. L. PERKINS (Director of said:-Str.-I beg to give notice that I Public Works).
HON. MR. H. E. POLLOCK, K.C. HON. MR. LAU CHU PAK.
HON. MR. P. H. HOLYOAK,
HON. MR. HO FOOK.
HON. MR. H. W. BIRD.
HON. MR. A. G. STEPHEN.
MR. S. B. B. McELDERRY (Clerk of Councils).
Minutes
The minutes of the last meeting of the Council were approved and signed by the President
Papers
THE COLONIAL SECRETARY, by com- mand of H.E. the Governor, laid on the table Regulations made by the Governor-in- Council under Section 3 of the Licensing Ordinance 1887, Ordinance No. 8, of 1887, on October 13th, 1921, which were publish- ed in the Government Gazette of October, 28th, 1921.
shall put the following questions at the next meeting of the Legislative Council. namely:
1. When does the Government intend to publish the Report of the Committee appointed by His Excellency the Gov- ornor for the purpose of considering what measures can best be taken
(i)-To facilitate the prompt acquisi- tion by applicants of sites which they require:
(ii)-To facilitate the prompt passing
of building plans?
2. What measures does the Government propose to take for the purpose of carry- ing out the recommendations made in the Report of the Commission on Child Labour !
Appropriation Ordinance for 1922
With the consent of the Council, the second reading of the Bill intituled, An Ordinance to apply a sum not exceeding Sixteen million four hundred and fifty
HONGKONG LEGISLATIVE COUNCIL
-thousand
one hundred and thirty-one Dollars to the Public Service of the year 1922, was postponed to the next meeting of the Council.
Widows' and Orphans' Pension
Ordinances
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled, An Ordinance to amend the Widows' and Orphans' Pension Ordinances, 1908 and
1921.
THE ATTORNEY-GENERAL-I beg to move that the Council now go into Com- mittee to consider the Bill clause by clause.
THE COLONIAL SECRETARY seconded, and the motion was agreed to.
The Rents Ordinance
153
As
THE ATTORNEY-GENERAL referred to the report of the proceedings of the Standing Law Committee, held on October 28th, 1921, which had been circulated and laid on the table. He said: I beg, also, to move the second reading of the Bill to amend the Rents' Ordinance, 1921. will be seen by the report of the Stand- ing Law Committee, that Committee re- commends that Clauses 7, 8, 9 and 10 of the Bill should be omitted and that three new draft clauses which appear in the These pro- report should be inserted. THE COLONIAL SECRETARY seconded' posed changes require a short explana- and the motion was agreed to.
tion. The general reason, I think, for the omission of Clauses 7 to 10 is that it is desirable, in an Ordinance of this temporary character, to avoid making any amendments other than those which are absolutely necessary. Clause 7 was intended to safeguard tenants, somewhat. in cases where the landlord proposes to give notice to quit on the ground of in- tention to pull down or reconstruct. No doubt the clause would have been some additional safeguard to tenants. but I will always be able to raise the question of the good faith of the notice at a later stage. Clause 8 was intended to provide that notice to quit, given by a tenant, should not affect any sub-tenant who had not joined in or confirmed the notice. At the time the Clause was drafted that was believed to be the effect of the existing law and. as I explained when introduc- ing the Bill the first time, the Supreme Court, in Summary Jurisdiction. has since declared that to be the effect of the existing Ordinance. I think, therefore, this Clause
may be safely omitted. Clause 9 is very much on the same point and may be safely omitted also. Clause 10 was rather intended in the interests the landlords but. as they appear to object somewhat to Clause 7, 8 and 9, I do not think they can ask for the in- sertion of Clause 10.
On sub-clause 3 of Clause 4, in the first line of paragraph () and the first line of paragraph (b), the Attorney-Gen- eral moved that the words three months be substituted for the word one month in each case. The motion having been seconded by the COLONIAL SECRETARY, was adopted by the Commit- tee to stand part of the Bill.
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On the Council resuming the ATTORNEY- GENERAL moved that the Bill be read a third time.
THE COLONIAL SECRETARY seconded and the Council assented to the third read- ing.
The Bill passed accordingly.
Legal Practitioners Ordinance
THE ATTORNEY-GENERAL moved the second reading of the Bill intituled. An Ordinance to amend further the Legal Practitioners Ordinance, 1871.
THE COLONIAL SECRETARY seconded, and the motion was agreed to.
Council resolved itself into Committee to consider the Bill clause by clause. The Bill passed through Committee with- out amendment, and on Council resum ing it was read a third time on the mo- tion of the ATTORNEY-GENERAL seconded by the COLONIAL SECRETARY.
think it is not essential and the tenant
of
That leaves the Bill with Clauses 2 and 3, (which make certain minor amend- ments), Clause 4 (which gives power to transfer actions from Summary to Orig. inal Jurisdiction. which is clearly necessary), Clause 5 (which makes it an offence to issue a distraint in excess of the standard rent) and Clause 6 (which makes it an offence to do any act mala fide in order to induce the tenant of a domestic tenement to give up his tenancy.
No comments yet.
Private notes are available after approval.