1915-05-28 — Page 2

ESTIZIATIONS

The "easy chair" route to the world's best music

COUNCIL.

THE HONGKONG DAILY PRESS, FRIDAY, MAY 28г¤, 1915.

HONGKONG LEGISLATIVE interpreted in the opposite sense, and persons whose names appear in the regis tor might consider themselves invited, even though they have no special qualifi- cations, to administer such anesthetics, and possibly the administration of general anesthetics by unqualified per sons will be not restricted by the law but quoouraged. This Bill, Sir, proposes to delete the words, the administration of any general or local anaesthetic," in the definition of the term " dental operation. The effect of the proposed ammendruent Colony to the law at presont in force in will by to ssimilate the law of the thie United Kingdom on this point.

-INSPECTION OF OUR NEW MODELS

SOLICITED.

EXCLUSIVE AGENTS:

MOUTRIE'S.

[31-4

PRINTING & BINDING

OF EVERY DESCRIPTION EXECUTED AT THE OFFICES

OF THE

A meeting of the Hongkong Legislative Conncil was held yesterday at the Con- eil Chamber.

The following wers present;→ HIS EXCELLENCY THE GOVERNOR, SIR FRANCIS HENRY May, K.C.M.G.

H18 EXCELLENOY MAJOR-GENERAL T. H KELLY, C.B. (General Officer Command- ing Troops),

Hon. Mr. CLAUD SEVERN (Colonial Secretary),

Hon. Mr. J. H. Ker (Attorney General),

Hoa. Mr. A. M THOMBON (Colonial Treasurer).

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

Hon Mr. C. Mcl. Messen (Captain) Superintendent of Police).

Hou, Mr. 8. B. C. Ross (Secretary for Chinese Affairs).

Hon. Mr. WEI YUE, Q.M.G. Hon. Mr. E. A. Hewett, C.M.G. Hon. Mr. H. E. POLLOCK, K.C.

Hon. Mr. D. `LANDALE.

Hon. Mr. E. SHELLIM.

Hon. Mr. LAU CHU. PAK.

were confirmed.

MINUTES.

FINANCIAL MINUTES.

The COLONIAL SECRETARY, by command of His Excellency the Governor, Inid on the table Financial Minutes Nos. 17 to 19, and moved that they be referred to the

be read a third time..

The COLONIAL SECRETARY woonded, and the Bill was read a third time and passed

ESTATE DUTY.

The ATTORNEY - GRAVERAL moved the second, reading of a Bill intituled, An Ordinance to provide for the levy of Estate Duty, payable in respect of the estates of deressed persons.

the interest, to disclos at the earliest smalt in value, has to be reported. It possible moment after the deceased per- has to be reported whether the man is a son's death. The threy last clauses of the partner, a depositor, or creditor of any Bill deal with the four points that description whatsoever, whether as 1 referred to at the qmmencement and outside creditor with whom the firm is provide that it shall be lawful for the dealing or mandy as a coolis or employee Commission to require an executor to of the shop to whom a few dollars are flus lodgo with him the accounts of his as wages. Therefore, Sir, I think it is executorship. That seems very desirable, quito clear that this provision, altogether 19 the present procedure is rather without precedent as it is, is totally cumbrous, and this very necessary. I unreasonable. It is not fair, wo submit, Rught add, Sir, that this Bill is somewhat Sir. It is not fair I submit, in tho frat different from the Bill which was first place, that an outside piso shonld be three points the criticisms levelled at the it is wholly unfair that he should have to introduced befor this Council, and made a sort of inquaiter, and, stcondly, original Bill have been considered by the report all these details down to small Government and the provisions objected

tho talks the report of the Finance Com-f policy which has already been approved Chinese friends, most of whoar are sub point. As my hon, friend opposite point-

“HONGKONG DAILY PRESS," it be adopted. WHICH ARE REPLETE WITH ALL THE LATEST AND MOST UP-TO-DATE | the notion was agreed to.

APPLIANCES FOR THE PROMPT PRODUCTIC OF.

HIGH-CLASS WORK.

ILLUSTRATED CATALOGUES.

PRICE LISTS.

CIRCULARS.

BALL AND CONCERT PROGRAMMES,

INVITATION CARDS.

VISITING CARDS.

AND

PAPIEN.

The COLONIAL SECRETARY, hy .com- round of His Excellency the Governor, laid on the table the annual report of the Director of Education for 1914, and also report on the Botanical and Forestry Department for the year 1914,"

the

APPROPRIATION FOR 1911.

The COLONIAL SECRETARY" I beg to report that the Bill intituled, "An Ordinance to authorize the appropriation of a supplementary sum of seven hundred and eighty-seven thousand, two hundred and fifty-two dollars and twenty-six cents, to defray the charges for the year 1914"

COMMERCIAL STATIONERY was considered in the Finance Committee

EXECUTED.

OF EVERY DESCRIPTION

I move that it be read a third time

The COLONIAL TREASERER seconded, and the Bill was then read a third time and

WITH NEATNESS, ACCURACY AND DESPATCH UNDER EXPERIENCED EUROPEAN SUPERVISION, AT · REASONABLE | passel,

PRICES.

His

GIFT OF AEROPLANES.

·EXCELLENCY ---Members. of the

year

-line

como

The COLONIAL SECRETARY SOConded. consider the Bill clause by clause.

Council then went into Committee to to have been dropped out of the presentants due to a deceased cployce of a printed Bill. One change in this Bill shop, bank, or other businies nuderink- The Bill passed through Committee from the original Bill is that no dutying. That is very strongly urged on bo without amendment, and

will now be payable on any property oat-half of the unofficial members, who very The ATTORNEY-GENERAL moved that it side the Colony. Another is that no pro omitted from the Bill. If it is. found

strongly feel that this chave should b party outside the Colony is calculated in the Bill for the purposes of determini: passible by the Government to bring for perhaps, the main difference, is that to the objection I have pointed out. then the rate of duty, and the third, and ward a modified clause which is net open whereas the scale in the original Bill was I would submit it would be quita easy an increase on the scale at present in for the Government to bring in their force in the Colony, it is now proposed amending Bill, but I think, Sir, is it to make no increase in the scale of duty, quite obvious, as this Bill at present but to re-anact the presont existing stands, that it has a very wid mesh in- scale. I beg to move the second reading. deed and is altogether unreasonable. In doing so he said This Bill, Sir, The Hon. MR. HEWITT-As we all know Another point in regard to this Chause contains a considerable amount of this is a very contentious matter, and which is objectionable is the last sub- Mr. A. G. M. FLETCHER (Clerk of Coun: technical detail, and is somewhat long, I think I am right in speaking for the section of it. That is objectionably be Dils)

but the objects, I think, fall easily into unofficial members when Hay we are of four cluse The objects are (1) to make opinion that there should be no probate it puts the onus on the person charged to two points of view, First of all, becauso it clear what property is liable to duty; duty in Hongkong for the very reason The minutes of the previous meeting (2) to improve the collection of that duty which the Attorney-General gave just show that he is not guilty, and, secondly. (3) to prevent the vasion of duty in a now. I think he said it was grossly there is obvicus bias in drafting. It is certain direction; and (4) in one section, unfair that a certain section of the com- very doubtful, indeed, to ralise what the to provide an easy method of procedure munity should pay probate while others amendmentally is. Your Excelleher for securing that executors shall give an escaped. This is one of the cases, Sir, is familiar with the legislation of this account of their executorship. The bulk: I maintain, where it is very inadvisable Colony and is familiar with clauses which of the Bill, Sir, deals with the first two to too closely follow English law, though say that a man shall be deemed to know of the Bill are taken mainly from the followed in Hongkong as far as possible mation in his possession with guilty

or to have certain infor pointe, and the provisions for that part I quite agree that English law should be certain things, Finance Committee.

provisions of the corresponding English The position of people who are residents knowledge unless he proves that such is The COLONIAL TREASURER seconded, and Acts. It is true. I think, that these and have businesses in the Colony and not the case. But here, ir, in this last provisions will include certain property die here, and have property vested in the sub-clause of Clause 20 of the Bill, we the motion was agreed to.

which at present is not liable to duty, Colony,is very different from people have a very vague and general shef mont The Copozan SECRETARY. by.command but I think, Sir, the scheme of this part living in Great Britain.

Now we look in regard to the legal meaning of it. and of His Excellency the Governor, laid on of the Bill is merely the working one of a very hargely for our prosperity to our there must be great uncertainty on the by this Council by certain amendments jects or citizens of the Chinese Republic, mittee held on May 13th, and moved that made in the law in 1011. In that and come down here for the purposes of out, unofficial membys object to the Stamp Ordinance and the trade. We welcome them, and are glad Clause 30 fote, and when the time we shall moy that Clause 20 be to seo them make their residence bere and - The COLONIAL Treasurer sreonded. and Promte Ordinance were amended, and i

think the intention of the amendments invest money In the Colony and-anything amitted altogether.

The Hon. MR LANDALE-I should was to assimilat, the law of Hongkong which is calculated to decrease their

confidenes and drive their business like to say that I quite agree with and of England in this respect, and to

and money away from here should be the hon. member opposite that pro make property which would be liable in

The opinion of the an- hate duty iti England to Estate Duty liable to probate deprecated.

this Colony is Eur here. But the amendments were made in

ndicial members is that the Probate Bill unfair tax, and I go further and a rather compendious manner, and left is calculated to diminish their confideron say that probate is an unsuitable tax on We know perfectly well general principles. I think the State is considerable doubt upon the effect of the in the Colony,

that any British subject, and others not only entitled to charge the estate of changes, and did not define sufficiently of Asiatic birth, if they die here, their deceased persons & Sum, which would of clearly what property it was intended to

accounts will be promptly settled, but it sufficient to defray the cost of the be charged for duty. I think, Bir, the

is a different matter with the Chinese, machinery which insures that the money provisions of this particular part of the many of whom have property entrusted pasard to the rightful owner and, Bill are merely a working out of that to thera by friends and relatives to hiring roughly speaking, that would be about i principle which was approved four years down here for investment It is very per cent. Any large, charge, 1 think. is age. The Bill defines in great detail pro- dificult, almost impossible to collect treating capital as income, and in my perty which is chargeable to duty, and property probate, even though it may be opinion it is not a correct thing to do lays down a considerable number of prone. Therefore we, on general principles, There is one other point that will he visions for the collection of this duty; deprecate the charge of any probate duty brought up in Committee that I would how it is to be collected, by whom it is to at all. However, probate has been in

like to refer to now. That is, in Clanso be paid, and the time it is payable. It

force in this Colony for some time, and 9, section 3, where it sayo No allow also provides for the repayment of duty

we have got to accept the situation. The ances shall be made for debta due from paid in excess, the apportionment of duty Bill that the learned Attorney General the deceased to persons resident out of the on, the 13th May, and not amended, andt, different beneficiaries in the boot be us for in her right Colony unless contracted to be paid in

catate, for appeals to the Courts on pointed out, been altered in very many the

Colony,

Supposing a man who questions arising as in the amount of duty material points and we gladly walone expects to retire in the East buys a house the alterations that have been made in the

at Home, or small property at Home, payable, and other details which the Bill now before us, because these altera

and borrows money and not wishing at present does not provide for sufficient tions are very necesary for the prosperity to disturb his investments here he con- y. Thes: clauses. Sir, cover the greater of the Colony. But there are still further tracts this debi. And then he dies and part of the Bill. Then ther follow three alterations we would ask the Government the debt is not, by this Clause, allowed clauses which are intended to prev at the

to accept. The original Bill was con- to be deducted from his estate. I think evasion of duty. I might say that sidered by the unofficial members in con- that would be very unfair to his heirs. Council vill ba pleased to learn the amongst the clanes. d:aling with machia-junction with cerlain Chinese residents Ou general principles, Sir, I am unable ery there is power given to the Commis here, but unofficial members have not had

to support this Bill. purport of two telegrams received sioner now, which the person who now the opportunity of consulting these with The Hon. MR. LA UHU PAK

The first is from the collects the duty dos not possess, to sum- regard to the amended Bill now put for- In connection this morning.

with Section 20 of Secretary of State for the Colonies, en hefore him any person collecting ward, and so, therefore, I am puking the Bill, to which my remarks will In he contined, I would like to explain in which he says: His Majesty's estate, and any person in debt to the sub-section of action 3 the word er how the Chinese lent money to the

that duty, any person administering the not exactly with their permission. Government greatly appreciate generous estate to give any information in his charge upon property situated in this shops and firms in this Colony or Colony appear. That мая no deposit money with them, in support of gift of aeroplanes," The second is from potessiot. Clause 18. 19 and 20 are nii,

of the things we were going to ask the contention that, although we have the Overseas Club, which anys: Cenett inpt to prevent what in many cases

must x deliberate attempts to aid your Excellency to deal with, but that had many concessions, sincs the first trul Committee send grateful thanks the payment of duty. One of the thre

has apparently been settled. There are reading, granted to us, there are still OKC DF two other points of minor points very objectionable in business and behalf of Army Council for Hongkong's | sections. Section 19, appars more or less detail which we can deal with in Con- also unprofitable to every-day practic magnifiecut donation to Royal Flying in the same form in the present Bill as

mitter. Coming now to Section 20, we

It is becoming a rule amongst Chines in the existing law. It imposes a penal think it is most undesirable that that to lend money to shops or firms, or to Arranging presentation care-

ty on any person who administers the section should stand, and we propose to deposit money with them in the names Will cable later." I have only affairs of decused prase without taking ask your Excellency to delete it. Of of their wives and sons, and sometimes to add that I think that the generous out Probate of Administration. That course we recognise it would practically in those of their relatives, and in many provision dates back in English law at mean the re-casting of the Bill, but we cases they use fictitions names. When DES VŒUX ROAD, HONGKONG.sers to the cost of these two East to the reign of George III., and has consider that it is not in the interests of they die their wives or sons, as the case will be very well satisfied at been in feres her for some years. The the Colony that that Section should may be, are paid the money at me an

I think, Sir, those are the main producing their receipts. the very grateful manner in which they other sections, 15 and 20, contain provi- stand.

In the case sions that are introduced for the first points that have occurred to me. of relatives the same arrangement is have been accepted by His Majesty time. Clause 18 provides that a Schedule believe one or two of the unofficial mem-made. As regards creditors, most of them Goversiment, and I would lay especial of the property of the deceased person

bers wish to make some remarks on the are shops or firms in the mainland, and emphasis upon the fact that in this must be annexed to the grant, and it is

Bill before us/

in the case of private individuals they do not live in Hongkong. matter, as in many other matters, Hong the duty of any person, befors dealing

They might be scattered all over Chiva As a matter with the property of a dicessed person, kong has given a lead to other Colies to atisfy himself that the property with opposite, I wish to address the Council

of fact, in almost every case many of the which he prepcres to deal is included in shartly on Clause 20 of the Bill. This depositors and creditors are not well the Schedule. Any person dealing with the other provisions of this Bill, is withthey have lent money. I have had the clause Sir, I may mention, unlike all known to the shops and firms to which ATTORNEY - GENERAL muved The property not in the Schedule will be sub

cut precedent; that is so far as I know. case reported to me in which a Chines Sect to a penalty of $500. Clous: 20 is

military officer There is no precedint in Horn? legisla second reading of a Bill intituled. “Au directed at another print. I think it is

came to this Colmy the Revolution and de- Ordinance to amend the Dentistry Ordi-a matter of common knowledge that the tion, or in any legislation in this Colony during

cr in any legislation in the Straits Settle posited some money with a local Chinese Razce, 1914. In doing so he said-great leakage on probat duty cecurs in

When he died, some men in this connection with donorits or shards in

ments, or any other Colmy of a similar bank. The sees of the principal Ordinane shops, banks or other business unter nature, for that which appears in Clauss Colony knowing he had money with the

20. and I think, Sir, the reason why we

bank. brought out a writ against him. hortly, to provide that only takings. Attempts have ben mad" in the

cannot had any precedents of #milar When his wife came to the Colony and with certain qualifications prevent law to olleet daty on such-pro-

Tegislation is obvious

applied for the refundment of the mony It is because this was told that the money had be should be allowed to practise perty, but they have been larg dy m

succ asful. The persons entitled to the entirely new principle in regard to the order of the Supreme Court.

Clause 20 attempts to introduce · an attached and subsequently removed "hy dentistry and perform dental operzroperty at death seem unwilling to come administration of estates. Of course, we tions. It is known, of course, that in some forward and disclose it until some litigunit the principle that an executor or depositor was, and as a matter of fact

case the Bank did not know who the. parts, possibly not here, but certainly and that particular form of property, to thing in his charge that he has to do Con arises which obliges th ́m to do so.

ministrator has to report truly every- they did not care who he was or where in other parts of the world, om: deulists very large extent, eaps paving daty under the law at present in force in this

be came from. All this. Sir, go to show that it is unfair, and it would be im have been allowed to adininister not which means that other property in the Colony, and it is ofte resinable, and practicable to make many pers or partners only local anesthetics, like cocnire, but Golony has to pay. It seras prously

no-ons has any objection to the adminis of the firm or shop responsible for the general anesthetics which produce uneon fair that one particuler form of pro-

trators or exccutors heing led to give reported death of any of their depositors

v an account of his stewardship so that or creditors, whose number may 11p sciousness: As dentiris who appear inperty should esope duty which is paid by ether property. It should be barns

There is another point. Sir. I 20 introduces quite a novel principle. ad

That is, have qualifications varying greatly in provisions imponed by this douse ar

Under Claus 20, outside or third parties, should. liks to touch upo that in any case where a dreeased person

who have nothing to do themselves with

when the Chinese on the mainland know degree it was thought advisable that had, at x death, any inter st either as

that they will be muleted by law on their nothing should be made to appear in the partner, danositor, or creditor, in any

the administration of the estate of death they will think twice before they dec:asid, whether as exccutors от WINE & SPIRIT MERCHANTS, statute book which will encourage the bank or business, the person taking ever administrators, ari asked to cope in and shans cr banks in this Colmy,

are prepared to lend money to Chinese administration of general anesth ties the management of that business must make a report. To show how sweeping The ArronxeY-GENERAL-I should like

diselngs to the Commissioner the fact of by persons who have not the special that interest and the extent of it, and wild came to this: Supposing I am the which have been made by hon, reenibers this Claudis ag at presient drawn. it to reply shortly to one or two criticisms qualifications necessary for the purpose he fails to do so a pennity of Penn se When the principal Ordinanca

manager of a Chinese shop and an

with regard to the principle of the Pin passed acutal operations were defined as the reverable from the owners of the

employ dies to whom the shen owes $20 The hon. member who represents the mcluding the administration of general en or the firm, as the case might be for for wars, that he to be reported under Chamber of Commerce suggested that be ancesthetics, the intention being no doubt failure to comply with this section. This a penalty of 850 being incurred by the cause the collection of estate duty was FRENCH LESSONS | to provide that the administration of is propmed. Sir, because all attempts to manager, broute. Sir, as this clause not fair in its incidence it ought to t

general anesthetics should be restricted, soura disclosure of the property by the reads, it says that a report has to be made quashed altogether. Well, this Bill Sir, at all ovants, to persons who have samé rýrson interested bave failed and this en any interest. which, of course, means is an attempt. which we hope will qualifications in dentistry, but it is an att ̃mnt to throw the eblig¬tion an

to make incidenco La interest, however small in value, successful,.

of feared that though the intention of the party ander the beneficiaries, who mustbether as partner, depositor, or credi-estato duty fairer than it has been Ordinance was restrictive it might be in most cars, know of the existince of bor. Therefore, any interest, however

(Continued on Page 3.)

BOOK BINDING

-

---- IN - ALL ITS BRANCHES.-. MACHINE-RULING, GOLD-LETTERING, MARBLING, Erc.

·EXECUTED-ON THE PREMISES AT THE SHORTEST NOTICE.

LAW WORK A SPECIALITY.

LEDGERS AND ACCOUNT BOOKS.

AT PRICES VHICH COMPARE FAVOURABLY WITH THOSE OF ANY Corps OTHER ESTABLIƏ İMENT IN THE FAR EAST.

10A,

ESTIMATES FURNISHED.

ASAHI BEER

THE DAI NIPPON BREWERY

BEER

& CO. TOKIO

JAPAN.

OBTAINABLE EVERYWHERE.

SOLE AGENTS:

MITSU BUSSAN KAISHA

·HONGKONG.

DRINK

ALLSOPP'S

BRITISH PILSENER

BEER.

SOLE AGENTS:

CALDBECK,

many.

(Applause.)

The

was;

persons

DENTISTRY ORDINANCE.

The Hon. Mr. POLLOCK-In supplement

ing the remarks of the hon. member

In that

MACGREGOR&C, the register in the principal Ordivanes by all persons in the Colony duty might be pronerly poid--but Claus to one or two thousand, or a few thou-

413, QUEEN'A ROAD CENTRAL.

G. MOUSSION,

18, MORRISON His Roan,

[381

[15

was