1908-12-11 — Page 3

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HONGKONG LEGISLATIVE

COUNCIL.

A meeting of the Hongkong Legislativo Council was held yesterday in the Council

Chamber,

HI EXCELLENCY THE GOVERNOR, SIR FREDERICK K.C.M.G., C.B., D.8.0.

Η. Ε.

MAJOR-GENERAL R. G. BROADWOOD, C.B., A.C.D., (General Officer Commanding),

Hon. Mr. F. H. MAY, C.M.G., (Colonia! Secretary),

JOHN DEALTEY LUGAED,

General).

Hon. Mr. A. M. THOMSON (Colonial Tres

surer).

Hon. Mr. W. CHATHAM, C.M.G.. (Director of Public Works).

Hon, Mr. E. A IRVING (Registrar- General).

Dever

THE HONGKONG DAILY PRESS, FRIDAY, DECEMBER 11TH, 1908.

particular section of the Magistrates Ordinance to which I referred was brought into operation. That being so, wo felt it desizable to clear up the matter sitogether so as not to nullify the effect of the existing legislation. The only object I have in view is to preserve what is in the Statuts book and existing legislation. Since I have come to the Council to-day I find that my bon; and learned friend opposite has some doubts as to the wording of the clause anything about it but on principle I m offence. If in certain cases the best means of

Hon. Mr. W. LEE DAVIES, K.C., (Attorneys it stands at present. I can only say that the object of the clause-and that after full consideration of the subject by all the magistrates concerned and by those who have any experience of magisterial courtsis simply to preserve existing legislation. I am quite sure I have Your Excelleney's consent for saying that it is the intention of the Government to preserve the existing state of things and not to insist upon the Imposition of stocks. With regard to clauso 7, first section, clause 18, the Government intends to modify these proposals and a clause will be submitted to the Council upon which His Excellency will have some observations to make.

Hon. Mr. F. J. BADELEY, (Capt. Superinton dent of Police).

Hon. Dr. Ho KAI, M.B.. C.M., C.M.G. Hon. Mr. WEI YOX, C.M.G.

Hon. Mr. E. A. HEWETT.

Hon. Mr. H. A. W. BLADE.

Hon. Mr. W. 3. GRESSON.

Mr. C. CLEMENTI (Clork of Councils).

MINUTES.

The minutes of the last meating were read, und confirmed.

FINANCIAL MINUTES.

The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table Financial Minute (No. 69) and movel that it be referred to the Finance Committee.

The COLONIAL TREASURER seconded, and the motion was agreed to.

FINANCIAL

1.

The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table the report of the Finance Committee (No. 19) and nioved its adoption.

The COLONIAL TREASURER seconded, and the motion was agreed to,

NEW TREBITORIES SMALL DEBT COURT ORDINANCE.

On the amendment being pot the "yes" were Hon. Mr. Slade, Hon. Mr. Gresson, Hoo. Mr. Those who voted against the amendment were Wei Yak and the Hon. Dr. Ho Kai. the Colonial Souretary, the Colonial Treasurer, the General Officer Cominding, the Dirveter of Public Works, the Attorney-General, the Registrar General, the Captain Superintendent of Police and the Hon. Mr. Howott

Hi. EXCELLENCY-The "noes" have it by Council then went into committee to consider eight votes to four. the bill clouse by clause.

PIANOS

SOLID MAHOGANY.

FULL TRICHORD.

STEEL FRAME.

3

SPECIAL CONSTRUCTION

FOR THE TROPICS.

bill be read a second time this day twelve months BECHSTEIN subject was discussed was of opinion that the on. I will just refer to one which the Ordin.have not consulted the Chamber of Commerse in propose an amendment and beg to more that this imposition of punishment by stocks should be ance clearly declaros to, be a misdemeanour the the matter. The hon, unofficial member on my

in-removing of adhesive stamps. I am referring left referred to one of the clapses in the bill because as Your Excalloney has just said it wo

■ degree. It was modified in

which to Ordinance No. 16 of 1901 section, 27. (Roads) which rakes the removal of adhesive stampa were to let this bill pass the second reading it I presume the use of will be taken to approve of the principle that tended to modify it to the extent

if the

By the terms of this new section the removal punishade by stocks. be the obse would

of adhesive stamps is also punishable by stocks stocks in any case is exercised with the greatest legislation on this subject is necessary, which, an Hon. Mr. WEI YUK-I beg to second the because it is a misdemeanour. That will show ptible discretion by officers to whom the power I have just submitted was not my opinion. that the punishment by stocks can be awarded as gated, Speaking from my own personal to any person who commits as it were an offence experience I should say that the removal of ad- amendment.

great number of years, and from a commercial against this. That is going far beyond what we hesive stamps may lead to very serious frands for have agreed to in respect to punishment by a stocks. The great objection to this is no doubt point of view it is one of the most serious section 7. As I have not seen the amendment offences that can be committed and therefore I think the law offcors of the Crown should have of which Your Excellency spoke I cannot say the widest possible powers to dont with the

protest strongly against the introduction of offe this clause which has the effect of making a punishment is the atceks I think that power should be in the hands of the law officers who habit, however dirty and filthy it may be, a

The riminal offenco. And this is under the title can be trusted to exercise discretion. of an Ordinance further to amend the Magls- main point ander consideration however is trates' Ordianes of 1890 and to effect certain lease seren, section three, subclause 18, with re- other amendmonta in criminal law. Sir, I gard to spitting. The hon. anofficial memberon my

His EXCELLENCY-With regard to the do not advocate the habit of spitting in right and the hon. Chinese members, have both

in any place but at the same suggested that the discussion on this question clause about spitting, the amendment of which read by the Clerk of just, bean public or time must consider that spitting is should be postponed. I do not see any necessity has

We

Governor in Council might be either voluntary or involuntary voluntary when for that at all. The question is a very old one and Councils, the extent of the penalty applicat

I think a man spils with a will, but sometimes a man they have had ample opportunity of considering by the

myself it is reason- spits when he is under the necessity of doing it. and dicussing it. I do not see that anything limited. A man who has something in his mouth or who will be gained by postponing it for a few weeks able to suppose that the Governor in Executive

Council would use common sense and only CASH DISCOUNT gets something nasty in his month at once spits or a few months. We will be no nearer to a

solution than at the present moment. The hon. apply regulations if nerasity were shown for it. it out. I remember a story of a Chinese member on my left appears to think that the by the Sanitary Board or otherwise. In apoaking The COLONIAL SECHETARY seconded..

philosopher who had a great repugnance to

to the point the hon. senior unofficial member HIS EXCELLENCY-I do not propose to discuss eating animal food and especially to goose Bash.whole streets are spittoons. The penalties are

f any of the various clauses alluded to by the hon. One day he was treated to a certain dish of which for spitting on the street walks and in public aid great stress upon the fast that a man who Attorney-General at the present moment but he partook freely until he was suddenly told that buildings. In supporting this what I con involuntarily wish to spit would lave vo This ser most wise and necessary reform on possibility of doing so except in his bandkor

Thoie would be spittoons provided In streets it is only before we go into committee on the Bill I should what he was enting was goose flesh. like to say a few words regarding the first sub-philosopher jumped out of his chair at once, the part of the Government-I say I am the chief. sention of clause 7. The clause as it stands went outside and spat-pat for all he was worth. last member to support any grandmotherly legis. ip all public places. printed in the Bill before us makes spitting a It was lucky for him that at that time there was lation--I believe that this is a really seriously Auisance and therefore it would devolve upon

so ordinance making spitting a criminal offence. demanded reform and it is perfectly idle to the police to enforce the law and to arrest por- Take sa an example public theatres. Chinese suppose by putting up notices and asking the son who were breaking it. Since my attention theatres, where people sit and have food, tes, floating-Chinese population of Hongkong te was first directed to this subject, which is now fruit, and all sorts of things and they can also gradually learn that they must not spit in many months ago, there have been several im-smoke while they are witnessing the performance. certain premises is a waste of time. Much portant and interesting debates in the Sanitary Supposing anything nasty got into a man's better ge to the root of the matter at once and

the official Board on the subject. It was proposed by some mouth there I say it is a matter of necessity legislate. Although it is not made much of in returns, tuberculosis is one of the members that notices should be posted in that he should split: it is an involuntary not

in Hongkong. public pinces prohibiting this habit and several

on the part of that person, and now you are of the most serious evil gentlemen who have an intimate acquaintance making it a criminal. offence for which a man. We have an incredible number of deaths from with Chinese character considered that method can be run in and Hned. Again in schools, it may tubecentosis which must be largely due to this be a matter of discipline, yet at the same time disgusting habit. Therefore, Sir, I think the would be effective The hon. merc.ber who represents the Chamber of Commerce did not I

children spitting in the playground are liable to Government is perfectly right to ask for legin lation now. We can trust the Government that provision think bare that view entirely and was opposed be had up, and scording to another to the policy of laissez fairs. In that I quite instead of being put in gaol will be liable to a it will not be unduly enforced in the first place agree with him but I hope the amendment whipping. Then with regard to offices and We will gradually educate the Chinese and other With flats in European houses and flats sections of the community into realising that which will be proposed will meet his view. It is flats. generally to the effoot of empowering the occupied by business men regulations of this they must not spit promiscuously where they Governor in Council to issue regulations kind will no doubt be a benefit, but Chinese please. I trust the Government will not delay to attach tenement ouses are lat out in fats not as places the legislation but proceed with the matter at should occasion demand and

•

OR

MONTHLY PAYMENTS

on the purport that shitting in objected to ROBINSON and it seems to me that this is a very reasonable proposal.

Hon. Dr. Ho KA1-The only thing is that such a large number of people will be fined.

HIS EXCELLENCY-Why ? It is very little to require of them to spit off the parament.

Hon. Dr. Ho Kar-It is a habit, and it takes some time to get a man to east off a habit, also it is difficult when a fit of congling comes on.

HIS EXCELLENCY-We don't ask them to break the habit. We ask them not to spit on the pavement.

Hon. Mr. HEWETT-Sir, if you accept the arguments of the hou, member on my left we will never have any sanitary reforms in Hong kong at all. I would advise you to go right on. Hon. Dr. Ho KAI-That is all very well, but I do not approve of these high handed ways and Hon. Mr. GRESONA certain number of us remarks. feel that we must at the present moment forbear The hon. member representing the Chamber of Commerce does Every one of us agree that is a desirable bill but not appear to be able to get this into his head. say that the time is not rips for forcing down Chinese throats regulations as these:

Ordinance of 1890 generally extend to panalties for the breach of those regula- | of business but as masidences. Spitting in all once TTORNEY-GENERAL--In reply to the with Chinese prejudices

we are discuss.

The

remarks of the hon. gentleman on the subject of stocks, I am glad to say as I told you before that this definition has been the subject of mort My hon. friend will mature consideration. probably say that the other definition was equally so. It has been difficult to get a de finition in anything like the exxt terms of what we wish to carry out. I think, Bir, my hon. and learned friend will find that the

uch

But if we propose that it will man again amending a statute which we have passed. We have had in this colony frequently to pass Hon. Mr. SLADE-I do not agree with the amending ordinances to bills already passed." principle of punishment for a matter of that kind because we have so many men coming here from the mainland who have no opportunity of knowing what is wasted to be done in the colony in a small matter like that. They late been in the habit of doing this all theirlives seems to me hard lines und harsh treatment. and to panish each people for such an offence HIS EXCELLENCY-We will put up public Hon. Mr. SLADE-But can theyali read? That notices. is the point.

PIANO

CO., LTD.

Hongkong, 19th November, 1908.

[36

ia to keep in fores the right te zing any action for criminal conversation. I may say sir, it is parely a legal point and in order to give effect to decisions of the Supreme Court to maintain the right for an action for aritainal conversation in this colony becunge no power to bring divorce I may say that the Bill was It was soinewhat proceedings exist. very carefully considered technical and requird careful consideration. Its object is to give effect to decisions of the Supreme Court

The COLONIAL SECRETARY Easonded and the Bill was read a second time.

The Council then went into committed to consider the Bill clauso by clause.

On resuming,

The ATTORNET-GENERAL reported that the Bill had passed through committee and moved that it be read a third time.

The COLONIAL SECRETARY seconded and the Bill was read a third time and passed.

COMPANIES ORDINANCE AMENDMENT. The ATTORNEY-GENERAL moved the second

the Companies Ordinance He said The object of this. Bill extends to creditors of company the some further amend

members possess in right as a company or its the core of a defunct company being struck off the register, under the Companies Ordinance

striking defunct company off the regie- a member of such com- It court. to apply to the 1865. Procedure is laid down as regards the tor and gives to has been deemed advisable that that power should also be extended to a creditor of the pany

deemed desirable that a creditor of the company company. Where proceedings are taken and a company is struck off the register it has been should have the same right and privilege of going to court as the company.

power

The COLONIAL SECRETARY Beconded and the

The Council then resolved itself into com- mittee to consider the Bill olause by clause.

On resuming

The ATTORNEY GENERAL reported that the Bill had passed through Committee and moved that it be read a third time..

THE TRAMWAYS ORDINANCE. The ATTORNEY-GENERAL-AR regards the next order-the committee in the Bill entitled an Ordinance for authorising the construction of a tramway within the colony of Hongkong— His EXCELLENCY-Council stands adjourned I do not propose to proceed with it to day. until this day week.

· FINANCE COMMITTEE.

A mesting of the Finance Committee was then held, the COLONIAL SECRETARY presiding. POST OFFICE. The following vote was passed:~~-

The ATTORNEY GENERAL mored the second. rending of the Bill entitled An Orlimace-to empower a Magistrate to hold a Small Bebt Court in the New Territories and to regulate In the proceedings in relation thereto. doing so he said-Experience has shown that it is desirable to enable a magistrate to deal with small debts in the New Territories. The powers conferred under the Magistrates civil debts in the ordinary sense of the tions. Although I think it would be prefer- these places will have to be provented. ¡ I term, as they are confined to claims declared by able to publish notices in public places if thero appreciate Your Excelleny's statement that this the Ordinance to be civil debts. The question has is any prospect of their being effective, I am section is not being introduced against any therefore arisen as to whether ofvil debts come opposed to the issue of a prohibition which may particular section of the community but I within the jurisdiction of a Magistrate in the be ignored with impunity and which tho Ge- venture to submit that it will be vory difficult

Hon. Mr. HEWETT Then hon."mamber near Now Territories. The Bill therefore proposes serument has no power to suforce. I therefore indeed to appreciate that statement, becatise to give a magistrate jurisdiction to hear and think if such notices are published thors should the very large population of Chinese here be means of enforcing them in case of their who have been accustomed to expectorat,

the door apparently overlooked the fact that I deal with cases summarily. It requires that a

ing not only at home bat outside would con-

stated in my remarks that the Government defendant do rexide or carry on business in any disregard. At the same time I think it is un-

against the law without

would not enforce these regulations ton vigor part of the Now Territories exclusive of New necesary to burden the statute book with an- stantly be offenling so. Habit is second alteration modifies the imposition of stocks. ously. T'have probably had a great deal more reading of the Bill entitled an Ordinance to Kowloon which is defined in Ordinanes 6 of other amendment to a bill which we have perhaps intending to 1900. It further requires that action be brought already under consideration. The insertion of nature and becomes a sort of involuntary ant, I have a list here which shows the particular experience in sanitary matters and of Chinese His EXCELLENCY-As it stands the Governor within three years after the cause of action the amending clause which is proposed will and a provision of this kind would I am quite offences in which I have inserted the words as generally that the hon. Inember nearest the door. 1865.

enable the matter to be dealt with so far as the sure deter a great number of Chinese from they appear, according to the view which I have arizes. That is after that, Limitations lair is concerned without any further amend.isiting this colony or regarding it as a desirable taken of it, in which certain offeness would not in Connell may at all times hereafter make and vary regulations 1 should be prepared to give the Statute of prevailing in

As regards the place in which to live. We have already, Sir, had be included. For instance the Licensing Act,

on undertaking to the Council that no such which requires an action to be brought want to the Ordinance..

netion in this many experiences in measures dealing with the Merchant Shipping Ordinance, this Paws within a definite period of time after the ecosity of taking any

Buggee. cuse of setion arises. This Bill creates the question the habit which

remind Your Excellency that we have recently No. 1 of 1845. Water Works Ordinance, months. I am in favour of trying the merasiary machinery for carrying this out and ing is not only a disgusting, one which sanitary improvement of the colony, and I would brokers Ordinance, the Police Court Ordinance regulations would he made for a period of six Lot tolerated in any civilised eity found that the relaxation of the law has been Rogues and Vagabond and Malicious damage. tion of the Sanitary Board that public notices for issuing the process of the court in respect ofis which any indgment should be given. It em- and against which I believed legislation has instrumental in promoting the diffusion of All those would not come within the category should he posted first and if they are successful The hon. Hon. Mr. SLADE-Wouldn't it be just as powers & magistrate if in his opinion the sub-hoon enacted in America and quite recently in sanitary knowledge among the Chiness and and the result would be that stocks would not no farther action need be taken.

the Straite Settlements, but it is also one which has obtained anchTM Batter results than be imposed in respect of them. Ject of action is of suficient importance to be dealt with in the Supreme Court to decline to in my opinion is detrimental to the public strict adherence to the letter of the law. I member drew attention to certain offences well then not to bring in this clause just now think if it is desired to inculcate abatemfohich come under the heading of misdemeat- A great deal had bean dene in all eanitary proceed with the action and the plaintiff then health. It has, I think, boon amply demon- will have a right to start de now on the Sum stented that tuberculosis disease is spread by from spitting in public or in offoss, notices ours. I have had an opportunity since he has matters by educating and obtaining the co- mary side of the Supreme Court. This is an this means. In the dry months before us should be published warning the people not to been speaking of looking through them and operation of the Chinese. Wouldn't it be as important provision because having regard to matter discharged from the month and nostrils spit, and at the same time providing spittoona there are only three offences which are not go well to see if anything could be done in this

Let us try that measure first, verned by the existing law, and are declared to 18 EXCELLENCY-I propose to do that. Bill was road a second time. the fact that the amount of claim is limited to dries in the sun, is pulverised, hung in suspen-in offices. $200 it is not proposed in the Bill to grant any sion in the atmosphere, and is inhaled in the I am quite sure that in time it would be be misdemeanours by statute. They are celebra- right of appeal. Questions may arise which the lungs of healthy persons. I myself am strongly successful, Outside in the street what can we tion of unlawful marriages, disobedience of magistrate may consider of sufficient importance opposed to paternal legislation which interferes do? Are we to give the police power to an order of banishment and disturbance of to engage the attention of the Supreme Corrt with the convenience of the individual unless it arrest overybody found spitting there or are we divine worship at St. John's Cathedral These and questions with which he would not be can be demonstrated that convenience is exercised to instruct police officers to excroise certain are declared expressly to be misdemeanours by justified in dealing summarily he is given by to the inconvenience of the majority or to the discretion in allowing some to do it and not statale. All I can say, speaking generally, is thie Bill power to refer the matter to the detriment of pahle health. I do not think it is allowing others. If we strictly carried out the that two ont of three would be perfectly legi: sking too much to require persons addicted to law I am afraid the guol compound would not be timste subjects for stocks. If a man goes and Supreme Court, He is also empowered to re- view any judgment or decision given by him the habit of expuestoration to move to the side of sufficient to accommodate those arrested. If brawls in church and interferes with divine you say the law will not be enforced strictly worship I think the punishment of stocks is a re-open the pathway and expectorate in the drain or as re-

They are within one month of late and to and re-try cases. That. Sir, already exists gards public halls and stairways that they should then I say first of all what is the use of having vary suitable punishment for him.

a law on the statute book without enforcing it. all. however, left to the discretion of the under the Summary Jurisdiction Ordinance be required to use spittoons which I think is It

a proper one because it is quite reasonable and which owners should provide for Again if we are to leave the discretion to Magistrates. They don't impose stocks becanes appears to be

common police officers wò are in danger of they have the power but they impose them possible that evidence will then be forthcoming the purpose. I confess my view on the necessity which was not available at the time judgment of taking action on this matter is based not plasing in their hands a powerful instrument because the man before them is a criminal whom Was given. The Bill is based generally on merely or primarily on the social inconvenience of oppression. I am not speaking in any they wish to prevent reappearing from day to precedent, on the Summary Jurisdiction Act of of any particular part of the community as for disparagement of the police force of the day before them in the Police Court. I think, 1873, and it certainly woms desirable in as for instance soiling European ladies dresses but on calony and I hope the Captain Superintendent Bh, therefore, that it is right at once to say an distance is concerned and with a view to the ground thus it is a danger to the public will not think I am belittling the splendid force that whatever course is adopted the objections expediting the administration of justice in the health and is in my opinion of very great under his command. I am only putting it as taken by my hou, and learned friend with regard New Territories that this Bill should be passed. hygienic importance. The exact terms of the general principle. If you entrust these discreto stocks are irrelevant. The particular cases. The COLONIAL SECRETARY seconded and the amendment will be read to you in the committee Lionary powers to a common constable are you to which he has alluded although they may stage and then you will have the opportunity of not running in danger of giving him power to strictly speaking some within the purview of motion was agreed to.

do evil and become oppressive? Now, Sir. I the Ordinanca really leave no possible bearing amending or altering them.

Mr. SLADE Your Exculloney, I know argnments luve been advanced that in I don't think his objections are well founded Hon. intended to oppose the second reading of Singapore they have passed an Ordinance of and have no practical bearing at all. this Bill in vior of sub-section 1 section to this kind. Moreover in Singapore they have which Your Excellency has just referred. I managed to do away with the vered question of not help sppreciating the eloquence of the understand it is intended to entirely alter subsidiary coin and what is more they have senior anoffcial member in defending what I MAGISTRATES ORDINANCE AMENDMENT.

Hon. Dr. Ho KAI-Perhaps in six months The ATTORNEY GENERAL moved the second

this clause. I think, Bir, this is an important succeeded in establishing a Municipal Council: suppose to be the ignorant members of the matter and it seems to me that it needs a great But it does not follow we should follow them community from the grip of the brutal policoman roading of the Bill entitled an Ordinance to

particular for spitting in the streets but he seems to have time you wont want to prosecute. Probably no respects and in deal of consideration, lest some regulations may in all Amend the Magistrates Ordinance 1890 and to

& mistaken polloy forgotten that it is not spitting in the street one will go to your office.

His EXCELLENCT agreed to allow clause sever effect certain other amendments in the Criminal be confirmed which will cause annoyance to the instance it would ha Law. In doing so hesaid-It also effectascanosmall Chinese community here. I am therefore of to follow Singapore. Sir, I approach this that would be an offence. It is spitting on the

with no prejudice whatever."

PIRE INSURANCE COMPANIES ORDINANCE. a gutter in which a man spits just us well amendments in the criminal law of the colony opinion that with Your Excellency's permission question.

The ATTORNEY-GENERAL moved the second The objecta and reasons which are attached to it might be better if we had time to consider the As a strict sanitarian I say it is desirable in Farement. Alongside every pavement, there is to stand over for a week.

The reading of the Bill entitled An Ordinanco to the Bill gave categorically the reasons for each new form in which this clause is to be exacted certain respects, but just now Your Excellency as he can spit in a receptacle placed in

& room or & lobby or verandah.

Insurance Companies section. Clause 3, which gives the power of instead of discussing it immediately this after has drawn a picture which scientifically may be imposing imprisonment in the failure of noon. I do not know if that meets with the regarded as correct. That is to say that spit on amendment which Your Excellency proposed amend The Fire

the ground gets dried and the germs fly about to submit to the Council in committee I think Ordinance 1908.-In doing so he said. They appear to be as hard up as we sre, a defendant to comply with his sureties to be of views of other members but it seems to me an good behaviour, is simply based on the same important thing which needs areful considero and carry infection. On the other hand what is will probably meet the objections of the hon. This Bill was passed through during the pre- the substitute for spitting on the ground? A member and I will read it to you, It runs sent year and as stated in the objects and basis as the subsequent clause in the ordinance tion.

Hon. DE.HO KAI-Your Excellency, it was man has to carry a handkerchief with him. First sub-section of clause 7-For the purpose reasons it was considered by the Board of which gives a magistrate power to impose impri- sonment where a inan faile to enter into sureties

intention also to oppose the second reading That article is a very necessary one, but is of promoting the sanitation and cleanliness of Trade that the rights of creditors and share: wore to stop people in the street and watch public places the Governor in Council may at holders were not being sufficiently safeguarded to keep the peace. It appears to be an omission of this Bill, in fact I learned that my hoa.

ferall timer hereafter thake and vary regulations and provision is therefore made that if the who has just sat down wished their pockets we would find very

or any member or creditor feels in the original ordinance and the object of the friend

..upon the foot- amendment is to pat both on a basis of uni- to say something against the second reading Supposing they spit into handkerchiefs for the following purposes: (a) For the pre-comed by the name of the company having formity. As regards section 4, at the present and I left it to him to speak. Now, Bir, or sneeze in them the germs gets into the hibtion of spitting... time power to impose a whipping is confined to this Ordinance was introduced to further the handkerchief. Then they put it into their way or public street and in all such buildings been struck off the register the company be described in sneh regulations. (b) the court if it be satisfied that it is just so to do certain cases only and magistrates have found amend the Magistrates Ordinance of 1890 and pocket, thereby infecting their clothes, which is and vehicles, trams, railway cars, and other pla momber or creditor may apply to the court and in osses of youths that they have had to impose under the title of that it introduced one of the just as dangerous. Or if they have not a handhar ces as may imprisonment or let the youth go altogether alterations in a former Ordinance which excited chief they use their coat sleeve. What than for the imposition of penalties for the violation may order the name of the company to be The object of this is to extend the power of a good deal of discussion and consideration be- Does this not also carry infection. Is there of any such regulations and for prescribing the restored to the register. I may say, ie, that whipping which is a salutary amendment.

tween myself and my colleague representing the any difference in spitting into a gutter or on mode of their recovery. Such regulations shall it is based generally on the Life Insurance It is based on the principles which now Chinese on this Council and the learned Attorney the pavement or spitting into a coat I be published in the Gazetto and shall have the Companies Ordinance of 1907 passed Isat year. General. After much discussion, as he has submit there is not much difference 95 force and effect of law in the same manner as if It puts the two ordinances on a similar footing prevail in all colonies as they do at home so as to authorise whipping instead of sending stated, we had fixed upon certain phraseology far as the spread of infection is concern they were incorporated in this Ordinance." The with the exception that it exfands the right to published show that the civil revenue, including æd. Sir, for the reasons I have stated effect of that would be that this new law would the creditors as well as member of the company railways and opium, to the end of October last That youths to prison.

power will have to and that phraseology was set forth fully be exercised with discretion but I submit the Stocks Punishment Limitation Ordinance of I can perceive a great daal of opposition to this be limited entirely to the public places to which It creates practically a uniformity and the same is 53 crores against 57 crores in the correspond it is a good one and will have a salutary 1907. This Ordinance is to be repealed bat clause unless it be amended in such a way as I have mentioned, wharves, jetties, footways of power is proposed to be exercised in the othering period last year, and there has been no effect. Instead of sending a youth to prison it I submit we have been consulted be to remors all the objections And I think, public streets and only to such buildings as small bill before the Council generally amending corresponding decrease in expenditure to set

Governor-in-Council may prescribe the Companies Ordinance.

The COLONIAL SECRETARY seconded and the against this heavy loss of revenue. empowers a magistratestion 5, the Ordiganelors as to the phraseology of that Ordin. after all, that this is not matter of very the

The Government would be I think the hon. member will credit the we should consulted as to great urgenty.

THE VICISSITUDES OF FORTUNE. As

The Council then went into committee and recently passed affected the law imposing the drafting of some clause which would meet exercising the wisest discretion in postponing Governor-in-Council with the use of discretion Bill was read a second time,

The vicissitudes in the fortunes of a showmas panishment by stocke and the Ordinamos draft the diflonlty. Now the present substitution its consideration for some little time. I taten in the selection of buildings that would be

On resuming, ed by me was to the effect that punishment for that clause in section 5 reads (Quotes). dad asking that the bill should be read a second prescribed. I trust, Bir, that with this explana considered the Bill clause by clause.

The ATTORNEY-GENERAL reported that the aro luridly shown by the discovery in Edmonton with Workhouse of Mr. George Wombwell. From would only be imposed in sacce of offences punish-That includes a very large number of offences; time twelve months hence, but in view of what tion hon. members will accept the bill on the

Vienna comer news illuminating another phas able by imprisonment.

As my honourable and in fact offences which in our previous discussion your Excellency said about amending lege 7 understanding that in committee the section to

slight amendments and moved that it be road a

Some sixteen years ago the pioneer of th learned friend opposite remembers we had some had been admitted on all side to be offences I think it would be better if the second reading which I have alluded will be amended in the Bill had passed through committee diffinity at the time in considering the which ought not to be punished by the stocks of the bill could be postponed for a fortnight manner just described

third time.

German circus world, Director Erast Jaed phraseology that would beat meet the point in Now in turning over the index attached to the

Hon. Mr. Wai Yux-I quite concur with all view and subsequently to the passing of the revised Ordinance we find under "misdemean

gation over the disposal of the residua, includin the sale of the famous stone cireus building Ordinate it was brought to the notice of the our large number of offences, such as celebra the Hon. Dr. Ho Kai has said, and hope that

Renz, died leaving a fortune of £750,000. Lit

Government that the Magistrates' Ordinance tion by s minister of an unlawful marriage, or the Council will see its way to postpone the

HIS EXCELLENCY-If the billis read a second

The ATTORNEY-GENERAL moved the second Tisans, valued at £40,000, has just been brough of 1899 gave power to a magistrate in all cases of marriage by unauthorised persons, disobeying second reathing of the bill.

time the principle would be accepted but the disturbing divine order of banishment,

Hon. Mr. HeWETT-Your Excellency, In to imposs n fine except in

amond The Interpretation Ordinance 1897 and to litigants were the testator's granddaughte he was empowered to impose imprisonment service at St John's Cathedral, fraudulent your opening remarks you referred to the fact details of wording of the amendment would be reading of the Bill entitled An Ordinance to to a close by fudgment of the Courts. T The effect of that was to mallify to a prent bankraptoy, removing adhesive stampe, false that I was the representative of the Chamber of subject to alteration in committee..

Hon. Dr. Ho Ka-I have been speaking to remove an ambiguity in the construction of the Baroness Oceans Allwayer and Countess Cl extent the provisions of the Ordinance as it statements in registering births and deaths, Commerce. I may state that anything I my at stands and certainly it was entirely opposed to and offlcers certifying false documents and so this meeting is entirely on my own account as I the second reading of the bill. I am going to me. In doing so he said.The object of this Bir ilde Alexandrine Monroy. the intentions of the legislature which when the

The Council then went into Committees to consider the Bill clause by clive, and on resum- ing the ATTORNEY-GENERAL reported that the Bill had passed through committee without amendment.

pases

where

my

or three weeks.

this

The COLONIAL SECRETARY-Sir, one could

Hon. Mr. GuessON-Iould like to ask if we do not accept the amendment in committee what will be the result if the Bill is read a second time!

Hon. Mr. HEWETT-If we pat spittoons in prosecute him for committing a nuisance? If offices and find a man spitting elsewhere can we we have no remedy I do not see how legislation is going to further sanitary reform. That is the only way to educate the community that they must not spit where they please.

Hon Dr. Ho KAI-That is all very well bat what we say is that the present time is not

Hon. Mr. opportung HEWETT--Where will you be six months hence P

The COLONIAL SECRETARY seconded and the bill was read a third time, passed and became

INTERPRETATION ORDINANCE AMENDMENT.

The GOVERNOx recommended the Council to

vote a sum of eight thousand seven hundred and teu Dollars (88,710) in aid of the vote, Post Office, for the following items:-

Hongkong Post Office, Other Charges. Carriage of Malls, Share of Mall Subsidy 87.665 Compensation for Damaged Parcels, etc... Incidental Expenses

Postal Agencies in China.

Other Charges, Shanghai, Bates and Taxes,

the taxes.

Total

30

450

565

$8,710

The CHAIRMAN Of this vote 8565 is for taxes on Government property in Shanghai. The COLONIAL TREASURER-I don't think

The CHAIRMAN-I don't know about that. it is quite fair that we should be made to pay

The COLONIAL TREASURER--Quite right, Personally I think they are quite right to get all they can, no matter where it comes from. but why should we be taxed?

INDIA'S REVENUE,

A Calcutta dispatch says-The opium re- venue is now almost as much better than the worse than theirs, but the net result leaves the estimate this year as the railway revenue is Government of India very much upon the wrong side of the account.

The returnA