1912-08-23 — Page 3

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HONGKONG LEGISLATIVE

COUNCIL.

HADIC

The COLONIAL SECRETARY replied:- Since the 1st of June thirty cases of burglary have been reported to the police as against twenty-four for the period in 1911; arrests were made in three cases as against six; there were five convictions as against soven; property The following were present) —

was recovered in three cases as against HIS EXCELLENCY THE GOVERNOR. SIR eight; the value of property stolen is F. H. MAY, K.C.M.G.

A meeting of the Hongkong Legislative Council Was held yesterday at the Council Chamber.

HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS, COLONEL C. W. ST. JOHN,

Hon. Mr. CLAUD SEVERN (Colonial Secretary).

Hon. Mr. J. A. S. BUCKNUL (Attorney. Ceneral).

Hon. Mr. A. M. THOMSON (Colonial Treasurer).

Hon. Mr. W. Carnal, C.M.G. (Direc tor of Public Works).

Hon. Mr. E. R. HALLIPAX (Registrar General),

Hon. Captain F. J. BADELEY (Captain- Superintendent of Police).

Hua, Sir Kai Hoc Thai, 1), (G Hon. Mr. H. E. Pollock, K. C.

Hon. Mr. E. OSBORNE.

Hon. Mr. C. H. Ross.

Hoa. Mr. MURRAY STEWART.

$3,204.01' as against $1,240.43 and 81,347 worth of property has been recovered as against $397 recovered in 1911.

THE HONGKONG DAILY PRESS, FRIDAY, AUGUST 28AD, 1912.

THE TYPHOON REFUGE,

The Hon. Mr. OssoRNE asked:→→

Will the Government state whe. ther the progress made on the now Typhoon Refuge up to the 30th June last is consistent with completion of the work by contract datei

The Hon. DIRECTOR OF PUBLIC WORKS said: The reply to the honourable mem- ber is in the affirmative.

SANITARY BOARD DYE-LAWS.

The COLONIAL SECRETARY moved that the bye-laws made under section 16 of the The Hon. Mr. H. E. POLLOCK, K.C., Public Health and Buildings Ordinances 1903-1909 be approved by the Legislative

asked:---

WINELESS TELEGRAPHY,

Can the Government give any in- formation to the Council with reference to the promised establishment of wireless telegraphy station in this Colony 1

The COLONIAL SECRETARY replied:-The Government is not yet in a position to give any information on the subject.

Council.

The DIRECTOR OF PUBLIC WORкs second-

sum."

INTIMATIONS

Hon. Bir KAI HO KAI-How would it The COLONIAL SECRETARY seconded, and do to make an appeal lie to the Gov- the motion was agreed to. ernor-in-Council? All trivial CABOS The Objects and Reasons are:-This would be decided by the Sanitary Board. Bill inserts in section 26 of the Post Office In important cases involving large Ordinance, 1990, words which were in- amounts for compensation, they might be advertently omitted in the Amending referred to the Governor-in-Council as Ordinance passed last year. It is in JOHNSTONE'S the ultimate tribunal. We can assume practicable to pay a gratuity on mails in that the Board will not pay too large a transit,

FINAL BEVISION ORDINANCE, 1918. roading of a Bill entitled, "An Ordin- The ATTORNEY-GENERAL moved the first

amendment of the Ordinances of the ance for effecting the final revision and Colony from 1844 to 1912 inclusive before incorporating them in the New Revised Edition of the Laws of the Colony." In doing so he said-Sir, I am sorry to say

HIS EXCELLENCx-It in any particular ease the gun involved is above a certain

sum-..

1

Hon. Mr. MAY STEWART-Yes, that might meet the case.

HIS EXCELLENCY--Say, $200.

Hon. Mr. OsHORNE-9280. HIS EXCELUENCY-Vory well, in any particular case where the sum exceeds 8250 an appest will lie to the Governor in-Council

This was agreed to.

am not yet personally able to make myself acquainted with all the revision which in going on, but I have been able ed.

Hon. Mr. POLLOCK-Is that the amount to make myself acquainted with this fact of the claim of the amount the Board is that at present the laws appear to be Hon. Mr. MURHAY STEWART-Your Ex-dispused to give?

in a state of confusion, and it is only Hon. Mr. OSBORNE-The amount of the shall be able to put our hands readily when this revision is completed that we cellency, may I say one word on the

claire. subject of these bye-laws? It appears to me that the first bye-law confers far too

ALLEGED OVERCROWDING OF THE GAOL.

oxtensive powers pon the Sanitary The Hon. Mr. Osborne asked ;—--

Board. It seems to me that the interests Will the Government state wheat stake are sufficiently great to demand ther any prisoners have been released that the problems presented should be from gaol this year before the expiry dealt with by the highest executive body of their sentences and, if so, how many in the Colony, and I would move that in have been released, and for what

line 3 after the word "Board" there be reasoris

inserted the words "subject to the

The COLONIAL SECRETARY replied; —Last

Mr. R. H. CROFTON (Clerk of Councils) month the Superintendent reported that approval of the Governor-in-Council."

MINUTES,

The minutes of the previous mecting were road and approved.

NEW MEMBERS.

Colonel St. Julin and the Hon. Mr.

J. A. S. Buckmill took the oath and assumed their srats as members of Council.

FINANCIAL MINUTES.

the gaol was very overcrowded. There were 736 prisours with only accommoda- tion in cells for 626, and it had become necessary to put three prisoners in many of the cells designed for one.

Such an arrangement was most unsatisfactory, and the alternative of allowing prisoners to sleep in the corriders did not appear

gaol, It was, therefore, decided to

Hon. Mr. OSBORNE-I beg to second that.

HIS EXCELLENCY intimated that the motion was not in order.

Hon. Sir KA HO KAI-The motion should be that they be referred back to the Sanitary Board for amendment. In connection with these bye-laws, I think

LAKOENY AMENDMENT ORDINANCE.

The ATTORNEY GENERAL moved the first reading of a Bill entitled, "An Ordi nauce to amend the Larceny Ordinance, 1865." In doing so he said-The object of the Ordinance is explained in the of the Bill. They are simply to provide objects and reason printed at the bottom

for the modern form of larceny which is carried out by the scheme, if I may so call it, of electricity.

and the motion was agreed to.

The COLONIAL SECRETARY seconded,

on the law. I understand that the Bill has the object of finally bringing the Revision of the Ordinances up to date, and that is being done at the present.

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

FULL COURT ORDINANCE. Council go into Committee on the Bill The ATTORNEY-GENERAL moved that the

entitled, An Ordinance to make pro- vision for the reconstitution of the Fail Court."

The COLONIAL SECRETARY Seconded.

M.P.

LeThin effects of bad Whisky "

** After effects of 3.P."

OBTAINABLE EVERYWHERE.

H. RUTTONJEE & SON,

The ATTORNEY-GENERAL-I should draw The Objects and Reasons attucked to your attention to the fact that the result the Bill state--The new section 28A of the Committee which sat on the Bill added to the Larceny Ordinance, 1886 was to refer it to the Council in a form by this Bill is copred from section 23 of which was very substantially, in fact, the Electric Lighting Aer, 1882 The entirely, different to that in which it had Funishment for simple larceny is provid been referred to the Committee. Circum- WINE & SPIRIT MERCHANTS.

d by action of the Principal Ordi-stances have altered since the Bill was sent to Committee, because I understand that instructions have been received that

iance,

INNKEEPERS ORDINANCE,

The ATTORNEY-GENERAL moved the first the arrangement which had been previous nance for the further relief of upcoming here at various convenient times keepers. In doing so he said-The of another judge as a temporary measure

The COLONIAL SECRETARY, by command/ conducive to the proper discipline of the there are some words, which should be of His Excellency the Officer Administer Jiberate a certain number of prisoners omitted. I have made objection to these reading of a Bill entitled, "An G-di-ly placed before this Council as to the Financial Minutes Nos. 32 to 38, and before the expiration of their sentences, declare that "no compensation shall be object of the Bill is to give innkeepers from the Shanghai Court is to be carried

ing the Government, laid on the table

moved that they be referred to the Fiasoce Committee.

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

FINANCIAL.

The COLONIAL Secretary, by command of His Excellency the Officer Administer- ing the Government, faid on the table the report of the Finance Committee (No. 8), and moved ita adoption.

The COLONIAL Tressyrer seconded, and

the motion was agreed to.

THE LATE KING OF DENMARK,

Tat COLONIAL SECRETARY-I wish to read a reply received from the Secretary of State acknowledging the vote of syn pathy on the occasion of the death of the King of Denmark. It reads :—

with

I have the honour to acknowledge the receipt of your telegram of the 18th Instant conveying an expression sympathy

"Her Majesty Quee Alexandra from the Legislative Council of Hongkong on

the death of His Majesty the King of Denmark,

Tho message has been communicated to Queen Alexandra, and I am commanded to request you to convey to the Council an expression of Her Majesty's thanks

for this kind message of sympathy.

GREATER POWERS FOR MAGISTRATES.

selecting in the first place those imprison-

ed in default of payment of fine and short sentence prisoners. Up-to-date 409 pri- soners have been released and the reduc- tion of the sentences. has been follows:-

10 days and auder before

expiration

Between 10 and 20 days

209 74

14

20 and 30 days

12

30 and 40 days

38

40 and 50 days

12

50 and 60 days

60 and 70 days

10

5

70 and 80 days

80 and 90 days

90 and 100 days

100 and 110 days

Total

409

THE RAILWAY TERMINUS.

As

before, I refer to the words which

given if it can be proved that the erection the right to sell and dispose of property has been illegally erected or maintained."5, public auction over which they have alien, that is to say, over which they Now, I think the latter part should be have got a claim for sums of money which struck out. If that were the case, as I may be owed to them by any person or instanced before, then at any time the persons who is lodging or utilising their Sanitary Board could issue a notice that premises. It is not part of the law at present, and it seems desirable that it a certain structure was illegal, and of should be. course it would be illegal to maintain it, according to this bye-law, and no com- pensation need be given, but if it be a legal structure and is illegally main- tained because of rome later declaration by the Board then compensation ought to be paid. I object to the words or maintained" in line 5. It is perfectly just to say that in the case of a structure illegally erected no compensation should be paid, but because of subsequent re- gulations made by the Sanitang Road

The COLONIAL SECRETARY Breonded, and the motion was agreed to.

The Objects and Reasons are:-This Hill introduces into the Colony, with some modifications and additions, not ably the immediate right of sale in the case of perishable goode, the provisions of the Innkeepers Act 1678 which gave an Inokeeper a right of selling, under certain conditions, goods which had be come the subject of his common law right of lien.

MAGISTRATES FURTHER AMENDMENT ORDINANCE.

133

Chs. J. Gaupp

& Co.,

out. The arrangements were made, and cannot, I think, he departed frodes and His Excellency has received a despatch in which it is stated that as a temporary measure the Bill practically as it was introduced ought to be passed in order that the arrangement which had been made should be carried out. It does not follow necessarily that the Bill is bound to be a permanent one. On the contrary, if circumstances arise in which it is found that it should be altered it is possible that it could be altered. At any rate, at present, it seems necessary and desirable that the Bill should be passed as it was originally introduced in the Council.

The Bill was then considered clauso by clause, and one or two verbal alterations Always have on band a very large complete were made.

On Council resuming,

The ATTORNEY-GENERAL moved that the Bill be read a third time.

The COLONIAL Secretary seconded. The Hon. Mr. OSBORNE-Sic, the un-

ALIZANDEL BUILDINGS,

CHATER ROAD.

atook of

SCIENTIFIC AND

the designs for the new rendering a structure legally erected to reading of a Bill cutitled, "A Grdi official members of the Council have SURVEYING INSTRUMENTS.

The Hon. Mr. OSBORNE Asked: -

when Railway Terminus at Kowloon are combe illegally maintained that is no reason pleted and before they are finally accepted, will the Government afford why the owner should not be compensated. Hon. Mr. MURRAY STEWART-My motion the public an opportunity for examin- ing them?

being ruled out of order, might I suggest. SECRETARY replied:-that right through these bye-laws the When the designs for the Railway Station powers exercised should be made subject and Offices at Kowloon shall have been to the approval of the Governor-in- received they will be open to the inspec- Council ?

The COLONIAL

1. Hon. Mr. MURRAY STEWART asked tion of the members of the Legislative the following questions:-

Will the Government, at an early date, take whatever stops may be neces eary to confer upon the Magistrates greater punitive powers than they at present possess for dealing with cases of criminal assault on children? The COLONIAL SECRETARY replied:-A bill, conferring greater powers on Magis- trates dealing with cases of this descrip- tion is to be brought before this Council to-day

Council.

CRAIGMIN BOAD.

Hon. Mr. Murray STEWART asked :-

HIS EXCELLENCY-I will take the first suggestion made by the hon. member who represents the Chamber of Commerce Is the (Hon. Mr. Murray Stewart).

In view of the answer made by the Cancil of the opinion that the by-laws and the motion was agreed to.

Honourable Director of Public Works

to a question put in this Council on ought to be amended in the Beuse he

ате

FLA

Tranzite, Levels, Plane Tables, Prismatic and Sight Compasses, Hand Lavola, do..., ko.)

Hon. Mr. MURRAY STEWART-I associate DRAWING myself with the remarks which have fallen from the hon. member who has just spoken.

sled

INSTRUMENTS

AND MATERIAL

The Jones.CANERAL moved the first

nance further to amend the Magistrates Ordinance, 1890. In doing so he said-opposed this Bill on a previous occasion This bill deals with the matter which was and they have not changed their mind. the subject of the first question this We do not oppose the third reading, for afternoon, and as will be seen from the the reason given that instructions have printed reasons at the bottom of the Bill been sent from Home which cannot be over- it gives power to the Magistrates to flog ruled. At the same time I suggest that in cases of various criminal assaults. I the unofficial members place en. record do not think there is anything further their protest against this Bill.

It that need be said now on the Bill. seems desirable that Magistrates should have the power additional to what they already possess of inflicting the only form

Hon. Mr. Portocz-Your Excellency, of punishment which will really have any

I shall abstain from voting on the effect in such cases. (Hear, hear.)

The COLONIAL SECRETARY seconded, division regarding the third reading. T Squares, Set Squaren, Straight Edges On the one hand, I am not prepared to

Scales, Inks, &, kai) vote in favour of it, because, according The Objects and Heasons follows:-The Magistrates can already to my view, the appointment of a per- manent third judge is the better solution. under section 30 of Ordinance No. 3 of

On the other hand, I am not prepared AGENTS FOR 1890 punish with flogging those who steal

to vote against the third reading, be: ornaments and other chattels from the

They cause I conceive it to be the duty of the HIS. EXCELLENCy-lt is proposed in re- person of any woman or child. ferring the bye-laws back to the Board cannot, however, award this form of members of the legal profession to do to inform the Board that the Govern punishment in the case of indecent their best to make the new system of Assault, although ander Ordinance No. 3 appeals a success, and any adverse vote of mine might tend to create a different ment consider that this particular byeof 1903 the Supreme Court can do so.

Hon. Mr. Ross-I should like to The Hon. DIRECTOR OF PUBLIC WORKS law ought to be amended in that sense. Indecent assault is an indictable offence; and, therefore, an erroneous impression. replied:-The hon, member, in his ques- With regard to the second suggestion, I but in many cases, in fact, in most cases, associate myself with the remarks of the:

where the sufferer is a child, the parents

opposite (HOD. by reports of the sitting up of the tion of the 13th June last, enquired want to satisfy myself as to what the ask for the case to be dealt with sum Osborne). There is one point which has

marily in order that the greater publicity

The Shanghai of the Assizo Court may be avoided. to be borne in mind. Where the Magistrate assents to this Court is just as hard pressed with work course being adopted it is perhaps proper as the Hongkong Court, and I understand less than that which the Supreme Court judge to get away. I have been in Shang- would award, but there does not seem to hai myself and I discussed this question that the term of imprisonment should be it will be very difficult for the Shanghai he as much reason for saving the endor with several members of the legal from the corporal punishment which the fraternity in Shanghai, and they said Legislature in passing the Flogging that it was practically impossible for the this particularly atrocious offence. Ordinance clearly considered atting for Shanghai judge to get away.

THE STATE OF THE HARBOUR,

Hon. Mr. MURRAY STEWART further asked:-

In view of the apprehension caused

harbour, at certain points, will the Government inform the Council whether any steps have been taken to ascertain the truth of the matter, and, if so, with what results ?

This was agreed to.

the 18th of June, and to the assurance | suggests ? therein given that, weather permitting, the work on Craigmin Road would be finished in ten days, what is the ex- planation of the work being unfinished two months later? Is it not the fact that the month of July established a record for sunshine?.

whether the Government would take steps to expedite the work which had for several months past, rendered Craigmin dangerous to pedestriana. In my reply,

Road impassable for chair traffic and

existing state of the law is.

HOR, MT. POLLOCK-As my hon. and earned colleague has pointed out, the

tion. In the first place it is vague. wording of this is open to some ubjes I informed him that the whole of the road what do the words "erected or main would be restored for traffic within 10tained" mean? It may mean something were favourable. which was originally legal and has since days, if the weather The road was so restored, substantially been made illegal. Whatever language within the time stated, notwithstanding is ined should be plain and clear, and the fact that rain fell on 15 out of the it cannot be contended that this is plain remaining 17 days in June.

The COLONIAL SECRETARY replied:The question of the silting up of the Harbour formed the subject of an exhaustive enquiry in 1904-6. The conclusion arrived at was that no material silting has occur- red during the preceding period of 80 years. The waterway leading to the Kow leon Wharves has been recently sounded and the Harbour Master is satisfied that In the question now put, my reply of theru is actually more water than is the 13th June has been misquoted. I did

and clear.

HIS EXCELLENCY-19. it agreed that this

charted. The central fairway is co- not state that the work on Craigmin bye-law be referred back also ?

ment.

The

Hon. Mr. MURRAY STEWART would

LIQUORY CONSOLIDATION ORDINANCE

AMENDMENT ORDINANCE

member hon.

Mr.

I

HIS EXCELLENcy-Gentlemen, I am very pleased to hear the words which fell from the hon. member representing the Justices of the Peace. The history of this ques- The ATTORNEY-GENERAL moved the first tion is a very long one. There would ruling of a Bill entitled, "An Ordin have been no dificulty in appointing a anco further to amend the Liquors Con- third judge if the Government had been solidation Ordinance, 1911." In doing so convinced that there was work for three be said-I am not quite sure that every judges to do outside the Appeal Court. thing in this Bill as it standa strictly The Government was not satisfied that belong to a consolidating liquors Ordin- there was, and I myself am not satisfied

The object of the Bill is to give at the present moment that there is. appealance.

revenue officere certain powers of deten- think that when the Government goes to tion in the case of offenders against cer- a Department of State like the Foreign tain laws, part of which have to do with Office and after lengthy negotiations makes an arrangement of this nature, and purely revenue matters and part not.

The COLONIAL SECRETARY seconded, and when it approaches a judge of the position of the Shanghai Court such an arrangement cannot be lightly upset. It would be a very ungracious thing to do, and I do not think that it would be a dignified course for this Government to adopt. Therefore, I hope everybody con- nected with the Courts will give these arrangements a fair trial. It may work Hon. 3r. OsaORN-It is too trivial,

better than some of as think. One con- THE BURGLARY EPIDEMIC,

POST OFFICE AMENDMENT ORDINANCE, I think, in the vast majority of cases to

The ATTORNEY-GENERAL moved the first solation about it is that it will be Hon. Mr. MoRRAY STEWART asked:-

economical. How many cases of burglary have the last piece of work to be undertaken bring before the Governor-in-Council. I reading of a Bill entitled, "An Ordin-

A division was taken, and there voted As all the is only in cases of large blocks of houses ance to amend the Post Office Ordinance, been reported to the Police since the 1st under the present scheme.

Mr. Osborne, and Hon. Mr. Murray June; in how many cases have arrests been made; how many convictions have other connections and branch drains join like Queen's Buildings and hotels and so 1900." In doing so he said-The object against the Bill:-Hon. Mr. Ross, Hon.

forth that the Sanitary Board should of the Bill is simply to introduce an

amendment to the present law which was Stewart-3. The Hon. Mr. Pollock and been obtained; in how many instances the sain sewer at lower points, they were, has the property stolen been recovered; in accordance with usual practice, under-refer such compensation to the Governor-accidentally omitted, I understand, when the Hon. Sir Kai Ho Kai abstained from what is the total estimated value of the property lost; and how do the facts taken Grat.

stantly sounded by the Harbour Depart Road would be finished in 10 days. There

The soundings agree with the are two respects in which the work re-suggest also that the Governor-in-Couh chart No further steps in connection maine unfinished:(a) A portion of the cil should be the final court of with the mattor have been taken beyond surfacing of the road has not been in the matter of compensation. submitting to the Chamber of Commerce,

HIS EXCELLENCY-I think that might in the early part of this year, & proposal restored; (b) One small opening remaine to deepen portion of the harbour which where a branch drain is being connected be left to the Board. I know the off would form a continuation of Sulphur with the newly-laid main sewer,

cers of the Board have extraordinary entrance for vesels of deep draught. The proposal referred to was estimated to owing to the fact that the month of July tions from being re-crected. There is a cost about 8330,000. The Chamber of established a record for sunshine. Heavy curtant struggle. of this nature. You Commerce replied to the effect that, bayrains were wanted to consolidate the ing regard to the expense involved, they were not in favour of carrying out such material with which the trench had been refilled, but the rainfall of July was far a proposal.

below the average. The completion of itein (b) has been delayed because it was

Channel and so improve the western completion of item (a) has been delayed difficulty in keeping these illegal erec-i the motion was agreed to.

compare with last year's records of burglary during the same period?

It is a fact that the month of July established a record for sunshine.

might go them removed and a month later find them put up again.

in-Council. That would meet the case.

HIS EXCELLENCY-You can't very well make distinctions like that. --

The Objects and

Reason's are - Revenue Officers in the regular course of their employment often discover offender against the Ordinances enumerated in the Amending Bill and it is considered desir able that they should be given power to arrest them without warrants.

the amending law was passed last year. voting. The official members numbering It is impossible to pay gratuities on mails 7 voted for the Bill, which was therefore in transit, and there seems no reason why passed. gratuitics should be paid.

(Continued on Page 5.)

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