1914-01-23 — Page 3

HONGKONG LEGISLATIVE

COUNCIL.

.THE. OȚI UM AMENDMENT. ORDINANCE.

THE HONGKONG DAILY PRESS, FRIDAY, JANUARY 23RD, 1914

The ATTORNEY GENERAL moved the arst roading of Bill entitled, "An Ordinance to amend and consolidate the Laws relat

A meeting of the Hongkong Legislativsing to Opium." Council was held yesterday at Council Chamber,"

SIR

The following were present;---- H13 EXCELLENDY THE GOVERNON, FRANCIS HENRY MAY, K.C.M.G.

H.E. MAJOR - GENERAL F. II. KELLY,

C.B

Hou. Mr. CLAUD SEVERN (Colonial Score A. M. THOMSON (Colonial

Hon.

Treasurer).

Hon. Mr. J. A. 8: BUCENILL. (Attorney-General).

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

Hou, Mr. E. R. HALLIFAX (Secretary for Chinese Affairs),

Hon. Mr. C. Mol. MESSER (Captain Superintendent of Police).

Hou, Sir KAL Ho K, K., M., 0.1.G.

Hon. Mr. Wer 'YUK, O.M.G. Hon. Mr. E. A. HEWETT, O.M.G.

Hon. Mr. H. E. PorLock, K.C.

Hon. Mr. D. LANDALE

Hon. Mr. E. SHELL,

dila).

THE SCHOOL OF TROPICAL MEDICINE.

to coad:-

Downing Street,

26th November, 1913. Sin.--I layo the honour to acknowledge receipt of your despatch No. 370 of the 23rd ult. and to express my appreciation of the vote of £150 by the Legislative Council of Hongkong, as towards the fund for the endowment of

the London School of Tropical Medicine. The Crown Agents for the Colony have been instructed to pay over the amount to the schools I have the honour to be, Sir, your obedient and humble servant.

(Signed) L. HARCOURT

STANDING COMMITTEES.

HIS EXCELLENCY-It is necessary to appoint Standing Committers for the ensuing year, and I appoint the follow

sta nors

to the place where it came from.

The COLONIAL TREASURER—Ship it back

this: & considerable quantity of opium Hon. Mr. HEWETT-The point, Sir, is passes through Hongkong which is bought by the Japanese Government for medical purposes in Formosa. If this clause, sub section 2 of section 5, is hot amended, I cannot see any section in this Ordinance which will permit of the opium being transhipped in Hongkong, and this is a perfectly legitimate trade, which will continue.

Hon. Mr. POLLOCK-Emphasising the point, if the Council will refer to sub section clause 9, of the Bill, they will son shall remove raw opium from any ship except for the purpose of taking it from the ship to the general warehouse.

FIS EXCELLENCY-WO will hold this, clau ever,

On Clause 9,

Hon Mr. POLLOCK said think this clause will have to le considered in connection with clause 6.

HIS EXCELLENCY This can be held over, too.

Clauses 11 and 12 were also held over. On Clause 22,

Hon. Mr. POLLOCK-I suppose the hon. Attorney-General is satisfied that this clause is correct, that the Superintendent is the only person in the Colony to pre pare, opium.

INTIMATIONS

The ATTORNEY-GENERAL-The amount of the fine, $5,000, de a sort of general penalty. Under the old Ordinance it was $2,000,

Hon. Mr. POLLOCK-If the ship is used, RACES the master, owner or agents are to be fined, although they might be inuocent.

The COLONIAL SECRETARY-The question

case in the Straits is in connection with a The COLONIAL SECRETARY-The leading German mail boat, Opium was found on the boat, and the captain was fined $5,000,

gence was probably assumed. I think the Hon. Mr. HewETT-Contributory negli- clause is all right, I don't think 85,000

in execāsive,

On Clause 57,.

Hon, Sir KAI HO KAI-Sub-section B of this clause seems to me to be an unfair provision altogether. I think thoro should be some, provision introduced to deal with a person who removed opium fully removed it to another place in order to evade the revenue, or to make an im- proper use of it.

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T ATTORNEY-GENERAL-I don't think that really goes far enough. There might be cases where the proprietor of the ask is your impaction. premises tacitly agreed to the seizure, of the stealing, larceny or abstraction upium by other people, and when the he knew nothing about it. In such case shortage was discovered he might say H. is would be entirely in the discretion of the Magistrate as to what penalty ho might inflict, If the person who was the owner of the premises was able to prove sutisfactorily to the Magistrate that he really did not know anything about it, that he had taken all reasonable precautions, and that it was a genuine The ATTORNEY-GENERAL—Yes,

case of larceny in which he himself Hon. Mr. POLLOCK-He will be rather suffered, then the Magistrate would no doubt inflict a nominal penalty, but if it was another sort of case in which the MAPPIN&WEBB, owner of the premises was in any way a particeps crimins, the full penalty would probably be afficted--the whole gamut of possibilities would lie between absolutely innocent owner and a person who tacitly acquiesced in the abstraction and & person who had been merely negligent and who kept it in a place. where it was open to extruction.

The ATTORNEY-GENERAL-The Assistant Superintendent will assist in the cooking of it. I suppose the hon. member thinks that by that clause the unfortunate Superintendent will have to boil all the opium in the place.

Clauses 24 and 27 were held over. On Clause 29,

תב.

Hon. Sir Kai Ho Ka-I venture to

LIMITED.

[26

NEW CONSIGNMENTS

what is the position, of opium to be the opium in a steamship. I think, there- exported. The third part deals with tau rore, that it would be better if mib-section restrictions on the movement of opium, of section 5 was split into (e) and () to whilst it is in the jurisdiction, or as any read, "shall not apply to (a) opium im- rate within the confines of the Colony ported by the Superintendent"; and (b) The fourth part deals with obligations** shall not apply to, opium brought into The COLONIAL SECRETARY seconded, and which are cast upon persons who have the Colony," and so on. There is a further the the Bill was read a first time.

The ATTORNEY-GENERAL Sir, I beg to actually stored or are in possession or point, Sir, which I think will have to be move the second reading of the Bill opium in the Colony, so that the first part provided for in this section. The pro would be brought up for the Court to entitled: "An Ordinance to amend and its down to four very clearly cut vise at the and seems to be too wide; for consider up

Hon. Mr. PoLLOOK-All you would have consolidate the Laws relating to Opium," parte or provisions dealing respectively instance, opium might arrive in this In doing so I hope that hon. members with exporte, imports, local movements. Colony from India, hound for Formosa, to do to get a conviction would be to will pardon me if I have to address the and obligations of people who are in and if it could not leave the ship on which prove that the ship was used for importa-

possession of raw opium in the Colony. it arrived to be transhipped to a coasting tion. Council at some length. Of course the Now the second part of the Bill, dealing steamer, I do not know what would Hon Mr HEWETT-I take it that no fundamental reason for the appearance with prepared and dross opium, is even happen to the opium. of this Bill and its introduction into this simples, because it vests entirely the

excessive fine would, be enforced unless it Conneil is because it was recently decided exclusive right of dealing with prepared

was proved that the explain had been grossly negligent. that the present system under which the opium, of preparing raw opium, and of K..pius traffic is regulated in this Colony handling even raw opium, dross opium should be altered, and that the arrange and opium dross in the hands of the (Direcments with regard to opium should be Superintendent; just, if one may say so

taken over entirely by the Government

in the same way as up to the present It was hoped at one time that it might be time it was vested in the hands of the possible to avoid a new Bill, and that Opium Farmer. The usual precautions one might graft the new arrangements on are inserted and prohibitory clauses deal to the present law in such a way as to ing with sales to women and young per dispense with all the formalities of a sons, the prevention of opium divans, and totally new measure, but when it came to the small parts of the present law which. be tried it was seen that, the law is it at provide as to the small penal sections for present stood was so complicated that it person who commit certain breaches of was necessary to make an enormous nam the law. But in the main there is prac ber of amendments in order to bring "pically no alteration in this part of the Mr. A. G. M. FLETCHER (Clerk of Coun the Bill to meet the new altered circum- } Ordinance with the exception that a see that it is there provided that no per- from a place where it was stored; wil

And hæcordingly it was decided Government officer, the Superintendent of and perhaps it is better that it is Imports and Exports, is placed in the that with the new arrangements a now same position substantially, only in a The COLONIAL SECRETARY-Sir, with clean Bill should be prepared under clearer position than was the Opium reference to Financial Minute No. 59, in which it is hoped that the future working Farmer under the existing law. Now which the Council voted a sum of £150 will be simple and free from disadvan- then, Sir, with regard to part 3, the tage. All long Bills, Sir, are at first general part: that, is necessarily, as I in aid of the vote Miscellaneous Services,sight alarming, and look formidable, but, said, a long part, but hon, members will grant-in-aid of the scientific institutions as a matter of fact, in this case there is seo that it is divided up into various contribution to the endowment fund of very littlff alteration from the law as it sub-heads: firstly, the appointment and the London School of Tropical Medicine, at present stands. Broadly speaking, the duties of revenue and police officers, first principal alteration is that the part That is of course, a necessary part, be a despatch has been received from the of the existing opium law which deals cause up to now there has been no Becretary of State, which I will proceed with morphine and compounds of opium arrangement for the appointment of is extracted from the Bill which is now Government officers dealing with that. before, the Council and is placed under an The gerond part deals with searches. amendment of the Pharmacy law, of examinations. arrests and seizures. All which the first reading was taken just those sections under that head are sul now, and a draft of which is before hon stantially the same, although they might members. The second important thing, I differ slightly in detail as those which think, is that in some cases the penalties exist under the present law. The next

Here there is some busy. donation are slightly decreased in cases where it part is forfeitures. EL

is thought that breaches against which difference, because, as hon, members aro the penalties are directed are breaches aware, under the existing law in certain. of a technical character, whilst in other cases forfeitures of opium in part, or cases where the breaches are of a non sometimes in whole, went to the Opium technical character, and where there may Farmer. Here, as the Government is put be suppositions that the breaches are in the position of the Opium Farmer, this wilful, the penalties have been slightly position is much simplified. Then there increased. The third, and perhaps also a is the procedure under the legal heading, very important, point, is the provision of under which there is practically nothing Hon. Sir Kar Ho Kai-In this acction certain temporary arrangements under new at all. With regard to the penal pro- 20 taels of opium are allowed to be in the which the present licences or Opium visions, those are, all for convenience, possession of any person, while I think Farmer hands over to the Government his only put under one sub-heading, and I the existing Ordinance only allows ive business which he carries on, and although think they are important. because it will taels of prepared opium. The reason of this may seem at first sight to be rather be easy for those who have to administer the latter provision was that no person remarkable, if hou, members were to refer the law to see by a glance at the penal would be allowed to possess a large to the law as it at present exists it, will provisions, sections 55 to 61, what is the quantity of prepared opium, which gave be seen that the Opium Farmer is under penalty for each sort of contravention him an opportunity to amuggle it into very similar obligations to any new contemplated in the Ordinance. Then, places where prepared opium is excluded: licence who may have been licensed in Sir, with regard to part 4, the temporary In the present section the five tacl limit his stead under the old Act. The Bill as provisions, I think that they are really has been exceeded, and I don't think that it stands is divided into four parts: an extremely simple. They simply provide is an improvement. Unless the Govern Hon.quilogan of schedules, and a prologue of that after the passage of the Ordinancement have a very cogent reason, I think definitions. The definitions do not really the necessary arrangements shall be made five taels, as formerly, is sufficient. differ materially from the definitione to take over the business from the Opium Hra EXCELLENCY-You are quite right, which existed under the old law, The Farmer, and hon. members will see there it is an error, and we are going to correct schedules do not materially differ from is some elaborate but necessary arrange it: five taels will be substituted for 20 the schedules which existed under the old ment, by which, in the event of thero taels. law either. The four parts of the Bill being any dispute between the retiring really deal with separate affairs, and it Opium Farmer and the incoming Govern would be simple perhaps if I roughly ment, there shall be arbitrators appointed Eon. Sir KA HO KAI-In this clause indicated what these four parts deal with who shall decide on any question in dis-1 think there should be some provision before proceeding to detail each part, pute. There is one point in the Bill to introduced to prevent any abuses by The first part of the Bill, after the pre- which I should perhaps call particular European revenue officers, who may be The COLONIAL SECRETARY seconded, and imitary definitions, deals with raw attention. That is, there is a acetion in of an inferior rank, and who enter houses

Hon. Sir KAI HO KABut he has to the Bill was read a first time.

opium, and I may say at once that the the Bill under section 23, which provides without warrante. It seems to me the satisfy the Magistrate; the onus of proof This Bill is a very long one, and the alterations in this part of the Bill are that a report, signed by the Superinten reasonable course would be to apply for is on him. And if he can prove to the Attorney-General, in a lengthy statement not great when compared with the dent, and a certificate of analysis of the a warrant. Every man's home is his satisfaction of the Magistrate I don't of the Objects and Reasons," says

position which obtaina under the existing Government Analyst, should be conclusive castle, and the sanctity of the homo should think the Magistrate should convict him, CHS. J. GAUPP This Bill should, it is proposed, | law. The only substantial difference is proof as to whether certain prepared not be violated by subordinate officers but only inflict a nominal fine or caution, repeal and supersede the Chinese Emigra that a more effective control is given over opium, or dross opium, or onium dross, who are allowed to enter without a Hon. Mr. SHELLIM-Assuming, tion Ordinance, 1889, and its amending the movements of raw opium than exists or halan, is or is not, of Government warrant. In case of larceny, or where an course, that all reasonable precautions Ordinances.

at present. The second part of the Bill origin. Now, one need not elaborate or officer is in pursuit of a criminal, if the have been taze There are many circumstances con-deals with prepared opium, and, of course, dilate, upon that point, but it is a point of criminal gate into a dwelling house the Hon. Sir KAI HO KAI-That rests with nouted with Chine Emigration which here there is considerable alteration, not some importance, because, of course, hon. officer is allowed to follow him into the the Magistrate. He has to be satisfied although important at the time of the so much in the cotual position with members will no doubt imagine it will be house, but it seems to me that it is very that every precaution has been taken, Chinese Passengers' Act, 1855, are now not regard to raw opium in the Colony, but possible, by secret processes; to determine large power to be given to anyone to of practical consequence; there have been particularly the alteration is due to the whether any of these substances, prepared enter any domestic house or dwelling also since the date of the Chinese Emigra change which has taken place, the Opiura opium, or dross opium or opium Iross or

house without a warrant. tion Ordinance, 1889, great changes in the Farmer and his agents and his servants halan, which is found in the possession conditions under which Asiatic Emigra being wiped out of the Bill and the of anyone in the Colony, is or is not, of tion is permitted from places or in vessela Superintendent of Imports and Exports Government origin, and if, when aster

being placed in their stead. under British control.

As hon. tained, if it is reasonably possible for The scheme of this Bill is to endeavour members will understand, in this part of any one to obtain a knowledge as to bow to simplify and compress the rather dista Bill a good deal of the existing law this method of distinguishing is carried connected provisions of the Chinese is taken up and defined in the relation-out, Consequently, it seems important to Emigration Ordinauce, 1860, and its ships which exist between the Government have this section introduced. However, amending Ordinances; to connect it more and the licencre (the Opium Farmer), the there are a few amendments which are sharply and clearly with its mother Act Government and the public, and between put down on the copies of the Bill which (The Chinese Passengers Act, 1855), to the Opium Farmer and the public. Now, are before the Council. I do not think Cait such portions, as seen to be at the one of these factors is eliminated and the that most of them are of any importance, present day obsolete, unnecessary orsele position the relation of the Govern- although possibly some of them may be forbidden and to bring it up to a stage ment, which is now the monopolist, and Section 62 is to come out, at any rate, the public. The third part of the Bill, temporarily, and I understand that the of modern requirements.

TH ATTORNEY-GENERAL-Sir, there is necessarily a lengthy part, deals with the Government does not propose to complet a Bill which has been on the paper for administration of the Ordinance, and the Bill to-day, although it may go into some months relating to Chinese passen when I say administration I include, of Committes zo that we can put forward the ger ships, and I think I may mention course, the appointment of the necessary Bill as far as we can; but it is not pos before moving the first reading of the officers, their position towards the public, sible that the Bill should be actually first Bill on the orders of the day that and the penal provisions of the law which possed to-day, because, as hon, members that Bill has been withdrawn and the ara necessary in order to ensure its will understand, the Pharmacy Ordin present. Bill substituted. The reason for effective working. There is, as I have ance, which comes in at the same time. the withdrawal was that there were so already indicated, some alight alteration introducing new arrangements dealing many anwendinents that it was found here, not only with regard to the position with morphine and compounds of opium. necessary to recast the whole Bill I of the Government towards the public, has got to be passed simultaneously, therefore move the first reading of the but also with regard to the penalty. The otherwise there will be a gas through Bill entitled, An Ordinance to amend fourth part of the Bill deals with the which compounds of opium and morphine and consolidate the Law relating to temporary provision which seemed to be right escape.

ing:

FINANCE COMMITTES-All the members of Council except myself.

PUBLIC WORKS COMMITTEE The Direc- tor of Public Works, the Colonial Treasurer, the Hon, Mr. Wei Yuk, Hon. Mr. E. A. Howett and Hon. Mr. E. Shellim,

Law CompTTER-The Attorney-General, the Secretary for Chinese Affairs, Mr. H. E. Pollock, Hon. Mr. D. Landale and the Hon. Sie Kei Ho Kai.

CHINESE PASSENGER SHIPS' AMENDMENT ORDINANCE, The ATTORNEY-GENERAL noved the first rending of a Bill entitled, "An Ordinance to ainend and consolidate the Law relat

Chinese Passenger Ships lug to defined by the Chinese Passengers' Act, 1800, and concerning Asiatic Emigrants generally."

ARMS AND AMMUNITION AMENDMENTA

ORDINANCE.

as

The ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Arms an1 Ammunition Ordinance, 1900."

The COLONIAL SECRETARY seconded, and the Bill was read a first time.

The ATTORNEY-GENERAL appends the following "Objects and Reasons"-

The COLONIAL SECRETARY Seconded, and the motion was agreed to

The clause as amended was approved. On Clause 45,

necessary

disagree. Fer a person who has lost by robbery or larceny a certain valuable property, and proves this to the Magis teate, to be convicted under this section and ained even the nominal penalty of half a dollar, it would be an indignity,

HIS EXCELLENCY-He may not be fined. Hon. Sir KA HO KA-If a person in charge of opium can prove to the satisfaction of the Magistrate that the opium had been lost or stolen without his knowledge and without negligence, he should not be convicted.

The ATTORNEY-GENERAL--If you leave your watch in a public road you cannot be surprised if it is taken. There may be many cases. in which there is tacit acquiescence in the abstraction, and yet, a fairly strong case may be made out to show there has been no acquiescence in the abstraction,

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The COLONIAL TREASURER-He can only show that, he has ostensibly taken precau tions, but he can go behind them all him- HIS EXCELLENCE It is only if, by reason self of delay in obtaining the

The ATTORNEY-GENERAL-The Magistrate warrant, the opium is likely to be may say, "I believe you are a perfectly removed.

You had the stuff locked person. The ATTORNEY GENERAL-I don't think "P, and somebody made a hole in the wall it is very unusual. There are cases of and took it away. I shall discharge you.

Hon. Mr. SHELLIM-The robbery may great urgency where it is necessary to have occurred months before it was proceed without a warrant, just as there detected. are criminal cases where it is necessary. His EXCELLENCY-We are dealing with to proceed without a warrant. hon. member knows perfectly well, any tremendous temptation, and more now person committing a felony may be than ever. We are bound by our obliga- arrested at once.

tions to a friendly Power and in cur own Hon, Sir Kai Ho Ka-Quite so. but interests to make the law extremely strict a warrant can be applied for and a on this point, otherwise unprincipled. watch kept outside, and the moment there people will take advantage of it. was an attempt to remove the opium it Hon, Sir Kat Ho KAI-Is it the inten- could be frustrated and the person seized tion of the Government to have an opium at once.

depott

His EXCELLENCY-Not at present, Hon, Sir KAI HO KAI-1 think we ought not to subject those who have acted bona fide to the stigma of being convicted under this section of the Ordinance. IN

The ATTORNEY-GENERAL--There many other cases of a similar character, Many highly respectable people are annually convicted of offences for which a nominal fine is inflicted, and no stigma. attaches to them at all,

As the a valuable article with which there is MACGREGOR&C.

The COLONIAL TREASURER-You could hardly watch a place and apply for a warrant at the same time.

Hon. Sir KA HO KAI-Not the same person, perhaps.

1.

are

The COLONIAL TREASTIEN-This is a paint that has always been discussed in any legislation in connection with opium. spirits, arms or anything else. It has always been the same old discussion.

Hon. Sir KAI HO KAI-To repeat a discussion like this shows a constant Hon. Sir KAI HO KAI-I would like danger.

the hon. Attorney-General to give some The COLONIAL TREASURER-A!! these concrete example showing how highly Ordinances have been in operation for respectable, persona' who are always many years, and I have never heard of exercising proper precautions are yet

being convicted. any trouble

Hon, Mr. HaWETT-There is a good deal The COLONIAL. SECRETARY There is the of feeling on the subject on the part of case I mentioned just now of the German the Chinese. I think the matter might be. mail. held over. The fear of abuse is. I think. The ATTORNEY-GENERAL-T was con- a very natural obiection the Chinese com-victed myself once for fishing without a munity have raised to exceptional powers licence, and the Magistrate fined me a being given to subordinate officers

penny.

Han. Sir KA1 Ho Kat That was pro- perly convicted.

Chinese Passenger Ships' as defined by necessary in order to ensure the handing Hon. Mr. HEWETT-Will the hon. the Chines Passengers Act, 1852, and over by the Onium Farmer to the Govern- Attorney-General explain why section 62 concerning Asiatic Emigrants generally."ment of his business, and, if necessary, is coming out? That is a point of in-

The COLONIAL SECRETARY seconded, and his stork-in-trade and utensils with which terest. the Bill was read a first time.

he carries on his operations. Those, gentlemen, are very broadly the main

The ATTORNEY-GENERAL-I understand factors of the Bill, and I now propose, the reason why it is temporarily cut out is because it is a matter which has subject to your approval, to deal very shortly with the Bill in detail. I should got to be referred to England, and the poins out, perhaps, first, that the Bill exact form which section 62 will take is does not come into operation until March 10t yet known. With these few remarks I beg to move the second reading of the 1st, 1914, which is the time when the pre- sent farm licenco expires. The fourth section deals entirely with definitions, and if hon. members will look up the definitions which are contained in the The existing penalties with regard to existing law they will see that there is the contravention of the Arms and practically no difference. The first part,

The clause was held over. Ammunition Ordinance, 1900, relative to that is to say, the part which deals with

On Clanso 35, sub-section 5. snuggling of arms and ammunition, raw opium, looks alarming at first sight,

Hon. Mr. POLLOCK-This is rather a appear unfortunately to have little, if but when que comes to analyse it it is very requires some amendment; for instance, for the importation, landing, removal to the exceptions, that sub-section hard provision: If any ship is used simple. That, again, is divided into four It has been observed with regret that parts, and if one analyses it carefully, to take one point, the proviso at the end the illicit introduction of weapons and one sees what these parts are, and how "provided that such opium shall not be cartridges continues rife, and the object they naturally follow in sequence. The removed from such steamship whilst in of this Ordinance is to increase the first part is importation; what is the waters of the Colony. As that penalty in order to endeavour to check in the position of raw opium imported clause is drafted, it will refer to opium some measure this dangerous traffic.

The second part deals with exportation; I imported by the Superintendent as well as

any, deterrent effect.

Council then resolved itself into a Com mittee of the whole Council to consider the Bill clause by clause.

On Clause 5,

Hon. Mr. POLLOCK said-With regard

Hon, Sir KAI HO KAI-Esoecially in the case of a European, constable coming frosh from Europe, who may be more zealous than discreet.

(Continued on Page 6.)

THE PLAY YOU, WILL GO TO TWICE,*

carriage or conveyance, or for the ex- THE IDOL'S EYE portation of any orium in contravention

of section 40, the master, owners, or sets thereof, shall, on summary con viction, be liable to a fine not exceeding "I do not know if there is any precedent for such a provision as that.

$5,000.

CITY HALL. FEBRUARY 12TH, 13TH AND 14TH. Hongkong, 19th January, 1914.

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