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HONGKONG LEGISLATIVE
COUNCIL.
The Objects and Reasons" attached to the Bill state, inter alia:—
Thia Bill should, it is proposed, repeal and supersede the Chinese Emigration Ordi- nance, 1889, and its amending Ordinances.
Sections 3 to The ATTORNEY-GENERAL then moved the in Hongkong to enemies, suspension of the Standing Orders in 8 are taken almost verbatim from the Eng order that the Bill might pass through alllish Act, Trading with the Enemy Amend ment Act 1814, and that provides for the its stages at that mooting.
Hon. Mr. POLLOCK-I think, Sir, that constitution of the office of custodian, and if it was intended to pass this Bill requires that dividends, interest, an through all its stages at this meeting, the shares in profits shall be paid to him whichges Act, 1855, nra now not of practical
It consequence; there have beon also since th hon, members of the Council should have would otherwise go to the enemy.
date of the Chinese Emigration Ordinance, IB EXCELLENCY THE GOVERNOR, BIR been given the usual notice, and that also requires persons holding property on 1869, great changes is the cozulitions under FRANCIS HENRY MAY, K.O.M.G.
A meeting of the Hongkong Legislative Council was'
held yesterday at the Council Chamber.
The following were present:-
"star" should have bow affixed opposite HIS EXCELLENCY MAJOR-GENERALF- this Bil on the agenda. It is very incon VENTRIS (General: Officer Losmanding the Troops).
venient, because when notice is given Hon. Mr. A.-M. THOMSON (Colonial the first reading of a Bill hon, members da Secretary).
not trouble to read through the Bill verv
Hon. General).
Hon. Mr. E. D. C. WOLFE (Colomiti Treasurer).
Mr. J. H. KEMP (Attorney-closely.
Hon. Mr. W. CHATHAM, C.M.G. (Director of Public Works).
Hon. Mr. C. Mol besser (Captain Superintendent of Police).
The COLONIAL SECRETARY-I do not know exactly on what date this notice was sent out, but it was only circulated quite
recently.
Hon. Ms. PutLock-Well, that des not absolve the matter. When it was
Hon. Mr. S. B. U. Ross (Secretary for known that this Bill was intended to go
Chinese Affairs).
through at one meeting notice should have been given.. Hen, members only came up there for what appeared, on the face of the agenda, to be the first reading of the
There are many circumstances connected! with Chinese Emigration which, although
important at the time of the Chinese Passon-
FINANCE COMMITTEE.
A meeting of the Finance Committer followed, the COLONIAL STORETANY presiding,
-
The Governor recommended the follow-
behalf of enemies t' furnish partiou which: Asintie Emigration is permitted from bars in respect of that property to the places or in vessels under British contral
The schemo of the Bill is to endeavour to foustodian, and imposes penalties on per-simplify and compress the rather discom-. sons who fail to make these payments an!nected provisions of the Chinese Emigration. | Ordinarice, 1889, and is amending Ordi- who fail to furnish those particulars.
uancos; to connect it moro sharply a These penalties are substantial, and clearly with its mother Act (the Chineso Passengers Act, 1855), 10 mit sich portions nanonut to fines up to $1,000 and to im
us seem to be as the present day cbsolete, prisonment for six months with or without unnecessary at forbidden, and to bring it hard labour. The Supreme Court is also | up to a stage of isodern requirements. given power, on the application of a creditor or a Government Department, to vest any property on behalf of encantes, and belonging to eneming in the custodian, to be dealt with for the benchs of the gridi. lors of the enemy estate. The custodian may hold all this property subject to your,| permission, Sir, but failing that permising votes su sion he a lot it until the close of the There is also power in some cases His EXCELLENCY-The ber is quite right. We ought to have given for the intervention of the Court in apply Mr. A. G. M. FLETCHER (Clerk of Counnotice that it was intended to carry this the morey or property so held for the pay
ment of the debts deo by the onemy, tu Bill through all its stages to-day, but som The minutes of the last meeting were information reached me yesterday by tele, whom the money or property belongs. The read and confirmed.
graph which makes it very desirable to last three sections of the Bill refer to a some pass this Bill. If hou, members, will pass what different matter. Section 10 is taken it, it will enable us to deal with certain verbatim from the Certificates of Origin
A can of $2,300 in aid of the vote matters more expeditiously and more sadis Amendment Ordinance 1915, which is being
Works, Recurrent, Kowloon, incorily. The usual procedure involves, repealed, and the provisions have been. Public is hon, members know, a certain amount inserted in this Bill, and they will perhaps War Worke, Water Account (Meters, of circumlocution and delay, I apologise | appear here more conveniently. The mat-etc.).
THE CHAIRMAN-The explanon is ter is really more properly dealt with in
Mon. Mr. WEI YUK, OMG. Hon. Mr. H. E. POLLOCK, K.C. Hón: Mr. E. A. HEWETT, C.M.Q. Hon. Mr. E SHELLIM.
Hon. Mr. D. LANDALE,
Hon. Mr. Lau Chu Paxi
ails).
MINUTES.
PINANCE.
The COLONIA, SECRETARY, by commend of H. E. the Governor, laid on the table Financial Minutes Nos. 1 to 39, and moved that they he referred to the
Finales Comittee.
Bill.
hon.
mem
The COLONIAL TREASURER Secondest, nad | to hon. members for not giving due notice. this was agreed to.
We ought to have done so, I confess.
The motion was enrried.
PAPERS.
The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table
The ATTORNEY-GENERAL then moved the second reading of the Bill. In doing se
war.
ޔގ
STATIONERY.
ילד
sum of $9,000 in aid of the Miscellaneous Services, Stationery,
Tox CHAIRMANThe explanation is that the use of stationery has increased very much during the past few years, and this sum is required to meet the expediture for 1915.
The yote was agreed to.
WATER WONES.
the Trading with the Enemy Ordinance that a large number of extra meters havo than in the Ordinance relating to Certi-been fixed.
The vote was agreed, to ficates of Origin. Section 10, perhaps I should explain, gives the Superintendent of Imports and Experts power jo seize any.
the following papers :~Report of meeting | he said-The bulk of this Ordinance, Sir, of Public Works Committee held on July was taken from a recent English Act, and goods which may be found in the Colony when he has reason to suspect that they 5th; further financial provision for the deals with the payments of money to cus construction account of the Kowloon todians of enemy property, who will receive have come from an enemy country, and Canton railway; quarterly return of and hold all money payable to enemies in
the goo's so seized may be forfeited by a EXCISSCS on sub-heads met by savings the Colony, and in whom may be vested pro-
Magistrate, and in the proceedings for ander heads of · expenditure; statement regarding typhoon refuge to June 25th;perty in the Colony on behalf of anemies.forfeiture the unus is thrown on the claim. I think that, judging from certain en-ant of the goods to show that the origis and a diagram of low level dam under
of the goods was not enemy territory. construction at Tytam Tuk, showingquiries which have been put to me from
time to time, there is some not unnatural Section 11 is an extension of that ar progress to Jung 30th.
misunderstanding about the law on the policy, and is also taken from the English EVIDENCE (AMENDMENT) ORDINANCE. )
Act to meet the now case of the recent The ATTORNEY-GENERAL moved the first | subject, and I think it would perkaps serva
arm Bill 'intituled. “
a useful purpose, and help in the under. Procinmation, which makes enemy, anhjonte
in Chin enemies in a trading sense. nunca to amenu ferdina 1890,"
the present law on the subject of payment The COLONIAL SECRETARY, szended, and of money to alien enemies, and what I shall the motion was agreed to.
The Objects and Reasons" state:--
The main object of this Bill, is to assimis late the law of Hongkong to the law of the United Kingdom in respect of the admis sibility of affidavits and notarial nets takes and made before British diplomatic or can sular officers. The only changes proposed to be effected by this part of the Bill, clauses 2 and 3, are certain small altera tens which were made in the United King dom by the Commissioners for Oaths Açt, 1891, 54 and 55 Viet. e. 50, 4. 9.
نيه
It
also provides that where the Superinten dent of Imports and Exports has reason to.saspect that any goods which have com from a distance have come either directly ar indirectly from an enemy he may seize the goods, and the same proceedings follow
12 is A ve-
GEAR FOR GOVERNMENT LAUNCHES.
A sum of 800 in aid of the vote Services, Government
Miscellaneous
Launches, Gear, etc.
THE CHAIRMAN-This is owing to the moving of coal from the launches to the railway.
The vote was agreed to.
* MISCELLANEOUS SERVICES."
A sum of $4,555 in aid of the vertus Miscellaneous Services, Other Miscellane. ous Servions.
THE CHAIRMAN--The vote for this is now exhausted. The wum is unforesem expenditure and was paid on account of wore kept wi certain steators which
had to stay there some dalys and this Singapore by this Government,
Government had to pay the damages |
The vote was agreed to.
Tlicy.
JUDICIAL AND LEGAL EXPENSES. A sum of $2,500 in aid of the votes Judicial and Legal Departments, C.-, District Officer, Personal Emoluments, Northern District, District Officer.
say with regard to payment of money la onemies will apply equally to payment made on their behalf and dealings with property on their behalf. By the general law of the Empire it is, of course, illegal for any person in British territory to pay any money to any person resident or carry- ing on business in enemy territory and sierilar obligations have en placed on British subjects in China no to pay money where evidence has to be given of facts, considerable discussion these were in-
to eneries resident in or carrying on busi ness in enemy cerritory. That law has
as in the case of goods coming from an enemy territory. Section enactment of a section in the Certificates of Origin Amendment Ordinance. The provision is intended to facilitate proof
and shings done at a distance from this Colony. It provides that any certificate
Aa amendment of section 25 of the Prin cipal Ordinance is necessary becauso the deinition of "consular officer in the Interpretation Ordinance, 1911, does -not been in force practically since the begin a British Consular officer shall be appear to be quite wide enough.
THE CHAIRMAN-This is in cannotion
with District: Offeers' Salaries. After creased and they are being allowed to obtain emoluments from June, of lost year. This amount is
required to
It is also proposed to amend Section 32 ning of the war, and recently, on the 251 prima facis evidence of the truth of the put the matter through for the curent
This is dealt with in Clàuso 4.
Loken-been-source-of-szobarrusment and-f
matter stated herein. It is up to the defendant to rcbut that evidenco, but until
he does so such certificate shall be suffici
at evidence of the truth of the matter
the Principal Ordinance in three points June, a further prohibition was intro- duced, namely, prohibition against pay- Paragraphs (a) and (c) of that causements by persons in our territory to per- correed a grammatical mistake,
Paragraph (b) does away with what has sons of enemy nationality in China, Siam, has sometimes led to the loss of valuable Persia, ani Morocco, so that by the generalstased therein. I beg to more the second evidence, i.e., the requirement that before law it is now illegal to pay any money reading.
medient a deposition can be taken somZE
any person of enemy nationality in enemy practitioner must express an opinion that territory, or in either of the four countries the patient is not likely to recover.
The first point Paragraph () corrects a double error. In which I have mentioned.
"
the first place, the section as whole I should like to make it clear about this relates only to indictable offences, so that
the clause introduced by the words, if the Bill is that the Bill refers to enemies in same relate to any indictable offence, exhausts the whole class and leaves nothing to be operated upon by the clause intre duced by the words, and in all other In the second place, the proper oficer to receive the deposition in cas where the sccused has not been committel of bailed to appear for trial is obviously the Magistrate's Clerk and not the Registrar of the Supreme Court.
Cases,"
LAND
REGISTRATION (AMENDMENT)
The COLONIAL SECRETARY Seconded.
Council then went into Committee to con
sider the Bill clause by clause.
The Bill passed through Committee with- out amendment, and
year.
The vote was agreed to.
WAL DEPARTMENT EXPENDITURE.
A sults of $76,000 in aid of the rote Miscellaneous Services, War Department Expenditure.
THE CHAIRMAN-It is estimated that this sum of $75,000 will be required for the remaining six months.
THE COLONIAL TREASURER-More will be wanted now, because of the prisoners
The ATTORNEY-GENERAL then moved that of war at Kowloon; we shell want
another 230,000 or $40,000. it be read a third time.
The COLONIAL SECRETARY seconded, and
The "Objects and Reasons state The object of Clausos 3 to 8, both inclu-
THE CHAIRMAN-We shall come to that
The vote was agreed to.
EDUCATION DEPARTMENT CHARGE A sum of $228 in aid of the vote Educa-
tien, 4.- Department of Director of Education, Other Charges, Director of Education, Transport.
this sense, namely: Persons carrying on business or resident in suemy country persons of enemy nationality in China, Siam, Persia, or Morocco, It does not the Bill was then read a third que ani | later." refer to payments of money to enemy sub-passed. jects who are not comics in the sense I havo just explained. It is true that by sive, of this Bill is to introduce the provi our local law no payment may be made to sions of the Trading with the Enemy any person of enemy nationality without Amendment Act, 1914, 5 Goo. 5, c. 12, with reference to the constitution of the
THE CHAIRMAN-This has been brought The ATTORNEY-GENERAL moved the first your permission, Sir, This is a special office of Custodian of enemy property.
Clause 9, which is founded on Section 9 about owing to the provision of of the above Act, is intended to prevent furniture, and the appointment of an reading of a Bill intituled, "An Ordi-prohibition in force here to avoid improper interference with the liquidation of
the acquisition by companies of any under-assistant master. hance to amend the Land Registration German firms, but the provisions of takings liable to inspection under Section Ordinance, 1844.”
Bill with regard this do not refer, as I have just said,
payments to persons nationality in neutral countries, and only
ORDINANCE..
The COLONIAL SECRETARY seconded, and the motion was agreed to.
The Objects and Reasons" attached to the Bill state:
The main object of this Bill is to enable
to
ta
of
payments
3 of the Principal Ordinance.
Clauses 10 and 12 propose to re-enact the provision of the Certificates of Origin enemy Amendment Ordinance, 1915, repealed by | Clause! the Rill. It has hean thought that it would be more convenient to have
The vote was agreed to.
· IMPROVEMENTS AT THE 0.9.0. A sum of $140 in aid of the vote Public Works, Extraordinary, Hongkong, Miscellaneous, Improvement to the record room in Colonial Secretary's Office,
THE CHAIRMAN Something was found The object of Clause I is to apply to becessary to be done after the work was
China, Siam, this.
to enemies in the sense which I explained the provisions of that Ordinance in the pro-
sent Bill
The vote was agreed to.
REWARD FUND.
a defondant to register a judgment without at the beginning. The second point which SKIN AND BLOOD DISEASES) to obtain the panience is made to I should like to make clear, also a matter goods coming from or destined for persons started and the $140 is required to do.
the memorial. Inconvenience sometimes caused through the unwillingness of au un of some misunderstanding, is that it will of exomy nationality in successful plaintiff to assist € successful only refer to payments which are due to Persin and Morocco, the powers of seizure and forfeiture given by the above Ordinance defendant in this respect.
be made in Hongkong. In the United with respect to goods coming from an enemy is Kingdom a custodian has been appointed country.
to receive payments which are due in England and Scotland. In the Straits Settlements a custodian has been appoint.
ALL SUBSTITUTES.
[65
a
Clauses 3 and 4 provide for the case of
judgment by which "recovered.".
10
** suami
TRADING WITH THE ENEMY (SECOND AMENDMENT) ORDINANCE.
ASIATIC EMIGRATION ORDINANCE The ATTORNEY-GENERAL moved the first
A sum of $2,000 in aid of the vote Imports and Exports Department, Other Charges, Reward Fund.
THE CHAIRMAN-This is in connection with the Trading with the Есещу namoe to amend and consolidate the Law start a local fund on the same principle se the Opium Department, This mainly
The ATTORNEY-GENERAL moved the first od to receive payments which would have reading of a Bill intituled, "An Ordi. Ordinance. It was thought at first to Photographis Goods of Every Description FRENCH LESSONS / reading of a Bill intituled, "An Ordi- been payable in the Straits Settlements; [relating to Chinese Passenger Ships' as will be placed to the credit of the Reward nance to amend further the Trading with and in Chipa an enemy dividend account defined by the Chinese Passengers Act, Fund, and at the end of the year any
in Block,
Canton Marbles In Variown jihaden.
Developing, Printing und Enlarging.
TELEPHON: 1279.
Honghong, 4th Tehransı, 1915,
G. MOUSSION.
34, Momsson Üns Roan.
[515
(892
the Enemy Ordinance, 1914, and to effect certain purposes connected therewith."
The COLONIAL SECRETARY sconded, and the motion was agreed to.
has been opened into which money has been paid which is due by British subjects
1855, and concerning Asiatio Enrigrants generally."
The COLONIAL SECRETARY seconded, wod in China to enemy subjects there. This Bill will refer to paymente due to be made the motion was agreed to.
balance in favour of the Government will be paid back. It might probably happen. that no part of the money will be required.
The vote was agreed to,
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