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spirit in every paragraph. For example, it gives the power (even if, as appears from the proposed regulations, it is not intended to exercise that power) to the Governor in Council to determine what wages a private employer shall pay a private employee, and it further gives a similar right to tax watchmen by the appropriation of part of their wages. This is only an example but it tends to show that the bill has not received that careful debate which should precede such a measure.
6. It is respectfully submitted that Clause 5 of the bill is similarly contrary to the spirit which has in the past guided the Legislatures of the Empire; if there is a real evil which this bill is to remedy, the remedy should apply to all without further discrimination than is dealt with by the bill itself. Power given to the Captain Superintendent of Police to exempt individuals whether employers or employees can, if exercised, only affect adversely the minds of those in whose favour the discrimination is not exercised.
7.
It is respectfully submitted that Clause 6 of the bill is, as worded, unwork- able, as in effect, no doubt unintentionally, it makes it essential for all paid servants except Chinese and Public Servants to register; surely it is the duty of every paid servant to perform some of the duties of a watchman which are defined in It Clause 2 to include the protection of property and the prevention of crime. would be difficult, if not impossible, to find a paid servant whose duties do not include the performance of some of these duties as defined. It is respectfully sub- mitted that this is not merely a verbal difficulty, it is a difficulty which strikes at the very root of an attempt to depart, without proper debate and reflection, from the spirit of the Legislatures of the British Empire,
It is not properly within the scope of this Petition to point out the fact, but this bill adversely affects all shipping in waters of the Colony which carry non- Chinese guards, who are not registered as watchmen. These guards must cease to carry out their duties whilst in the waters of Hong Kong otherwise both they and their employers will be committing offences. It may be anticipated that the Captain Superintendent of Police will deal with such a question under Clause 5 but it is respectfully submitted that this question should be considered and dealt with by the Legislature and not by an individual. It is respectfully submitted however that the omission to deal with this question fully shows that the matter has not been fully debated.
8. It is respectfully submitted that Clause 7 if passed will be a great hardship on Your Petitioners and those for whom they speak. Some while regularly employed add to their income by taking occasional additional employment; some work regularly for two employers, the duties of others are, chiefly, to sleep at night on the premises, leaving the day free for other work if available. Each employment carries a wage corresponding to the nature of the duty.
It seems to Your Petitioners unreasonable, if an employee is satisfied and the employer is satisfied, that it should be an offence to enter into a contract which hurts no one and is to the interest of both parties. It seems equally unreasonable to expect
any employer to go to the trouble of obtaining the sanction of the Captain Superintendent of Police who has numerous other duties, before employing any particular watchman already partly employed.
9. With regard to Clause 9 it is respectfully submitted that any watchman so wilfully neglecting his duties as to desert without notice is guilty of a serious offence whether he be Indian or Chinese, whether in private or public employ, and compulsory registration with a penalty of striking off the register seems a most inappropriate method of dealing with the offence.
10. It is respectfully submitted that as regards private watchmen Clause 10 is not in accordance with the spirit of the Legislature of the Empire, this Clause in effect gives power to the Captain Superintendent of Police to punish a private watchman without trial and without a proper charge. It places Your Petitioners in a very great difficulty in view of the well-known patience and consideration shown by Your Excellency and the present Captain Superintendent of Police to all members of the community to suggest that this Clause is a hardship but it is suggested that it is the right of every private individual, high or low, rich or poor, to a public trial before an independent judge before being punished. It is suggested that the Magistrates of the Colony are already entrusted with onerous duties but they have the facilities and the ability to give everyone a trial which is fair and in accordance with the law. Public servants all have their interests carefully protected so as to save them from unfair punishment. A private watchman under this Clause would have neither the protection of the public servant nor the rights of the private individual.
11. It is respectfully submitted that Clause 11 places on the Captain Superintendent of Police a duty or power which should not be given to any individual. Surely no individual should, except in a Judicial Capacity, be given power to discriminate between private individuals in their private capacity.
12.
It is respectfully submitted that while Section 14 does not affect Your Petitioners the power given by that Section must remain a dead letter if the very serious risk is not to be run of the power being used for purposes not within the scope of the bill. It seems highly dangerous to class unregistered watchmen with criminals.
13. The reasons for the provisions of Section 13 which deal with Registered Money Lenders are it is respectfully submitted hard to find. (As Mohamedans are prohibited from usury this paragraph in no way expresses the opinion of the followers of that creed.)
It is respectfully submitted that except as above all Indians of the watchman class invest their savings by way of usury. It has been their custom from time immemorial and whatever view may be taken of the morality or otherwise of money lending it is the thrifty and those with money to lend who help to build up a prosperous community. It is difficult to see why a man should be a worse watchman because he has sufficient money to put him beyond temptation.
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