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the

A menting of the Hongkong Legislative Council was held yesterday at Council Chamber

present

19173

The Bill Passed through Committen without amendment, and, on Council des suming, fat ASTMA

technical and of no practical importance; HONGKONG LEGISLATIVE meaning which it has under the cted by and it would seem undesirable chat vendors should be unable to sell except at a depreciated price and at the risk of The ATTORNEY-GENERAL moved that it The COLONIAL SECRETARY seconded, and committing a technical offence, and be read a third time equally undesirable that purchasers acting on all good faith should have to take the Bil was then read a third time and

POWERS OF ARREST. property with a technical flow in the passed. title. Probably in such cases after duo

The ATTORNEY GENERAL moved the enquiry the Governor's permission would- be given to the transfer. Clause 18 pro- second reading of the Bill intituled, videt for the forfeiture of immovable Ordinance to consolidate and amend property sold in liquidations which comes the law relating to the powers of arrest possessed by revenue officers" In doing

·30 he said under prohibited control. gives the Governor power to require par- ticulars for the purpose of enabling him to ascertain whether any such property under prohibited control

The following were present: HIB EXCELLENCE THE Governor, Sis FRANCIS HESY MAY, K.O.M.G.

HIS EXCELLENT MAJOR-GENERAL F. VENTRIS (Gomeral Officer Counding Troops in China),

Hon. Mr. CLAUD SEVERN, C.M.G. (Colonial Secretary),

Ron Mr General).

KEMP (Attorney

Hon, Mr. A. M. THOMSON (Colonial

Treasurer).

Hon Mr. E. RALLAX (Secretary for Chinese Affairs), a.

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

Hon. Mr. C. Mcl. MESSER (Captain Buperintendent of Police).

Hon. Mr. We You, C.M.G. Hon. Mr. H. E. POLLOCK, E.O Hon. Mr. E. BRELLIM.

the deânition of "enemy" in the hill. It was originally intended to use the termenemy subject in the principal Ordinance and not the term alien enemy," but the latter term was adopt el in deference to the terminology which was being used in the United kingdom at the time. To abandon the term now would require so many alterations in the existing Ordinances that it seems more convenient to retain it in spite of the fact that a certain amount of overlap ping in the meanings of the terms used

thereby, caused, t

Clause 17

It has been pointed out that the Courts In order to clear up doubts as to who

might possibly hold that the powers of arrest conferred by Ordinance 6 of 1913 ther arbitrations are lega proceedings

Clause 18 deals with the question of were limited by other powers to arrest. for the purpose of the Alien Enemies (Winding-up) Amendment Ordinance, trade marks belonging to alien enemies, given by special Ordinances under which Now that the liquidations are coming to

revenue officers are appointed. And it. 1915, legal proceeding" is defined ne including an arbitration. The sections an ond and the control of the liquidators has therefore been decided to make it it has become necessary to make son by the principal Ordinance are not to affected are sections 2, 3, 4, and 6 of all practical purposes will 500 cease clear that the powers of arrest conferred Ordinance No. 11. of 1915

Clause & gives the Court wider power other provision in order to retain Goy be limited by any other enactment. That to stay legal proceedings brought against crnment control over these marke and anerdment in law is effected by sub- liquidators. Cases may arise in which to prevent their use by unauthorised clause 2 of Clause 3 of this Bill. As the justice could not be done if the case persons The method adopted is to vest principal Ordinance is a short ono and has already been amended once, it waa were heard during the war, owing, for the trade marks in the Custodian, instance, to the impossibility of obtain together with the goodwill of the trades thought better to repeal it and to re- Hon. Mr. P. H. HOLYGAK

ing evidence, and it seems desirable that in which they were used. It is also neces enact it with all its provisions, and with Hoo. Mr, LAT CEU PAK,

the decision on such a point should rest sary to provide for the keeping of these the amendment now being made, in a I beg to move the Hon. Mr. C.-E. ANTON Mr. A. G. M. Jismas (Clerk of Coup with a judicial tribunal and not with the marks on the register because when the Fresh Ordinanco.

The COLONIAL SECRETARY Seconded, and executive. It is possible that the Court liquidators have paid in all their sur second reading cils). JURY LIST.

already has inherent jurisdiction in the plus assets to the Custodian they will lecs This point is dealt with by pro

Council then went into Committee to The COLONIAL SECRETARY laid on the matter, but it seems advisable to give it have no funds from which to pay renewal the Bill was read a second time.

express jurisdiction. table the Jury List for 1017.

The same semarks apply to clause 4,viding that none of these marks shall be consider the Bill clause by clause.

The Bit passed through Committes which amends the section of Ordinanco removed from the register for non-pay- No. 11 of 1915 which deals with the stayment of renewal fees, except by order of without amendment, and, on Council re- ing of actions brought against alien the Governor, and it is also provided enemies. This clause also extend that that any such marks which have been section to all legal proceedings incuding removed for non-payment of renewal fees arbitrations.

⠀⠀⠀, THE FOOD PRICES COMMITTEE,

The Hon. Mr. POLLOCK Baked the following questions:---

-Da what date did the Committee, which was appointed by Elis Excellency the Governor to ix from time to time the maximum price for which any article of food may

be sold by retail in the Colony issue their last price list setting forth such maximum price

2Will His Excellency the Governor direct another Meeting of such Committee to be held at an early date for the purpose fixing a maximum price for articles of food 15 part is

of

9-With reference to paragraph 6 of the schedule of maximum prices in the Government Proclamation, which para- graph runs as follows:

The prices of provisions imported from countries other than China, (ex: cepting those above enumerated) may not be raised more than 15 per cent above the retail prices prevailing in Ige Colony on the 26th July, 1914, is it not the fact that the prices of the following imported provisions namely golden syrup, jam, cheese, mustard, table salt and bacon have been raised more than 15 per cent above the retail prices prevailing

the Colony on the 26th July,

in

The COLONIAL SECRETARY replied as followve:ETARY E

Mirteen proclamations regulating the price of foodstuffs have been publish ed, the first on the 18 August, 1914, the last on the 25th August, 1016. The laat general revision of prices is contain ed in proclamation No. 10 of the 12th March, 1913,

shall be restored to the register.

Clause 19 provides that the validity

suming,

The ATTORNEY-GENERAL moved that the The COLONIAL SECRETARY KEConded, and Bill be read a third time.

'passed.

Clauses and 6 are intended to dispel of acts done by liquidators is not to be the Bill was then read a third time and - possible doubts as to the existence of powers which have been, or may have to or asumed. It will be noticed that the liquidators are declared to have power to transfer the property of the persons whose affaire they are winding up whether they can or can hot produce the documents of title relating to such pro perty. TRO

Case 7 expressly provides that a liquidator's powers puss to his successore in office.

the first instance on the footing that no interest accrues on any debt after the commencement of the winding up. This provision has been borrowed from the law relating to bankruptcy. The clause does not take away the right of the creditor to interest, if his debt carries interest, and any surplus assets may be applied in payment of such interest, The rights of accured creditors are saved, Clause 9 provides that unsecured debts Payable to creditors who are not enemies or enemy subjects shall take priority over unsecured debts payable to creditors who

questioned on the ground that at the time whch the act was done the person whose affairs are being wound up was not An alien enemy, or had died, or, in the case of a corporate body, had ceased to appears in section of the Trading with exist. A somewhat similar provision the Enemy Amendment Act, 1918

Nances...

THE INTERPRETATION ORDINANCE, 1011. The ATTORNEY GENERAL moved the second reading of the Bill intituled, Au Ordinance to amend the Interpreta said: tion Ordinance, 1911. In doing so he

•

C

That which led to the amendment of Clause 20 provides that no legal pro the Interpretation Ordinance, 1911, he was made in the Ordinance which haa ceding of way kind shall be brought ing enacted, was the amendment which Aging any liquidator or public officer Clause & provides that liquidators shall except with the permission of the Gov-just been passed. The whole subject of be at liberty to distribute the assets in or, in respect of any act or omission powere of arrest possessed by revenue connected with any winding up under officers will now be dealt with in that the term. revenue officer," and it in The Alien Enemies (Winding-up) Ordi- Ordinance, including the definition of as it appeara Clause 21 provides that the provisions therefore desirable to repeal the defini- of the Alien Enemies (Winding-up) Ortion of revenue officer dinance shall continue for such period in the Interpretation Ordinanon. The after the conclusion of the war as may opportunity has been taken of repealing seem proper to the Governor. The object another definition which has become is the definition of the clause is to provide an interval obsolete, and that during which the whole position, both exoise officer." The term is no longer here and in other parts of the Empire required now that the opium farm bas and in enemy countries, may be con- ceased to exist. Opportunity has also sidered. It may also be that on the con beer taken to amend Section 8 of the clusion of the war various questions as Interpretation Ordinance so as to make to the liabilities of firms which are being it perfectly clear that where an Ordinance are enemies or enemy subjects wound up will still be unsettled, gives power to do any act, or to make Class 22 adds to the Alien Enemies any regulations, or to issue any warrant Clause 10 introduces a power of dis- claimer modelled on the power of dis (Winding-up) Ordinance a schedule of or authority, Shat power may be exercis claimer in bankruptcy, which may be the forms of declaration to be made by ed at any time between the passing of 4. His Excellency the Governor will made use of in the case of any cases purchasers before the completion of sales the Ordinance and the time when its the intention of the present section, num- refor the matter to the Committee which the liquidators have been able of immovable property old in the comes into operation. That is evidently

The Government is informed that deal with otherwise. Any person liquidations.

Clause 23 contains two repeals. Suber 9, but from the reading of it it is not in the Colony of the food-stuffy named as a creditor of the alien enemy to the clause (1) repenis a definition of the quite clear, and argument might be since the 25th July, 1914, the retail prices injured by the disclaimer wid be treated i

extent of such injury, and a right to form person which is defined afresh raised, on the terms of the section, that have been increased by some 10 to 12 per obtain the decision of the Court on the in clause 2 of this bill Sub-cluse (2) it only applied to an Ordinance which cont. In certain cases the increase has amount of damage suffered is recognised,

The present amendment proposes to sub been larger; in others less. The increase It will be noticed that sub-clause (3) repeals section which is rendered un contained a definite suspending clansa stitute for section B & section which con would have been considerably greater had provides that where a liquidator has sub-ecessary by clause 20 of “his bill.

forms more closely to the wording of the it not been for the rise in exchange lot the premises with the consent of the

It must be remembered that various lesser the latter shall not be entitled to The ATTORNEY-GENERAL moved the first corresponding section in the English Act, circumstances, as for instance, the large destrain on such premises except for the reading of a Bill intituled, An Ordi and it also corresponds more closely to Increase in freight rates, which were not rent payable under the sub lease, and mance to attend further the Protection of the original form of the section which appeared in our Statute Book before the foreseen at the commencement of the

The COLONIAL SECRETARY seconded, and revision of the Ordinance. The Editor war, have combined to raise prices. The slay not be entitled to re-enter except Women and Girls Ordinance, 1897.

endeavoured to cut down the wording of recent prohibition of the export to the for breach of some covenant contained Colony of food stuffs from the United in the sub-lease

the Bill was read a first time.

The Objects and Reasons" state that the section, and as a result it is not at the price of food-stuffs imported from

the existing law has been found in all clear that in doing so he has not adequate for the purpose of dealing with altered the effect of it. This how clause, countries other than China The ques

the serious offence of the abduction of un- which is now proposed to be substituted, tion of the limitation of prices will be

married girls This is due to two will be returned to the original wording referred to the Committee.ne

reasons. In the first place the present of the section, and will conform mora, section applies only where the girl has

the English Acto

The COLONIAL SECRETARY seconded. been taken out of the possession of her closely to the corresponding section in, Council then went into Committee to, parent or guardian. It is believed that many girls get lost or run away from their homes std are then picked up by consider the Bill clause by clause.

The Bill passerl through Committee the kidnappers. In the second place it is necessary under the existing law for the without amendment, and, on Connell re

suming, Su

The ATTORNEY-GENERAL moved that ill prosecution to prove that the accused know that the girl had been taken away

The COLONIAL SECRETARY Seconded, and from her parent or guardian against the be read a third time, will of the parent or guardian. This is generally very difficult to prove. The the Bill was read a third time and or an unwilling witness, and the facts

Kingdom will, no doubt, further affect

RATING GADINANCE, 1901.

The ASTOUNCY GENERAL moved the first reading of a Bill intituled," An Ordi- nance to amend the Rating Ordinance,

1901?!

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

Tuo "Objects and Reasons" state that the object of this bill is to extend the powera of exemption, formerly granted to the Governor-in-Council by the Rating Amendment Ordinance, 1815, in respect

PROTECTION OF WOMEN AND GIRLS.

Clause 11 provides machinery for com- pelling secured creditors to realise their securities. On such realisation the secured creditor is to retain the amount to which he is entitled under the terms of the security and is to pay the balance to the liquidator. In case of dispute 6s to the amount of which the secured creditor is entitled the latter has a right to a decision of the Court on the point It is, of course, possible that in some cases, owing to contingent liabilities, it wil not be possible at present to define exactly the amount to which the secured creditor is entled, and in such cases it may be necessary that the total proceeds should continue to be held by the secured creditor, if the total liability, ascertain of University Hostels, so as to enable himed and contingent, exceeds the amount of girl is generally either an unintelligent passed.

the prooeds. Man to MEA

Clause 12 provides for the enforcement relating to her leaving her home are to deal similarly with educational in stimations generally, other than schoola, of orders made by the Court on applioften known to no one in the Colony second reading of the Bill intituled,

except to herself and to the accused which are already exempt by law,

uations for directions

An Ordinance to make such provisions Clause 3 of the bill alters the law on Clautes 19, 14, 15, 16 and 17 are intend-

as are necessary to enable the Anglo _______PUBLIC_SERVANTS' LIABILITIES,

The ATTORNEY GENERAL moved the first ed to prevent any immovable property these two points. It makes it an offence reading of a Bill intituled, “An Ordi-sold in the liquidations from passing to harbour an unmarried girl who has Portuguese Commercial Treaty to come nance to protect certain public servanta under the control of persons who now are left her parents or guardians without into force as regards the Colony of The proposal contained in this Bill is from legal proceedings in respect of enemies or enemy subjects. A reference their consont, as well as to harbour a girl Hongkong." In doing so he said:

to the definition in cause 2 will show who has been taken out of the possession certain diabilities

that prohibited control” is defined so of her parents or guardians. It also that this Colony shall, with other parts as to include control after the conclusion throws on the accused, cnce it is proved of the Empire, signify its adherence to

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

"

ANGLO-PORTUGUESE TREATY.

The ATTORNEY GENERAL Moved the

The Objects and Reacons state the of peace by persons who are now enemies that he knowingly harboured the girl, the recent new Anglo-Portuguese Com object of this Bill is to prevent borrow-or enemy subjects. Both that term and the onus of proving that bo did not mercial Treaty, and the one article in ing on the part of certain subordinate the term corporation under enemy con- know that she left her parent or guardian the Trenty requires that adherents shall Maderia to wins which is the produce public servants by making such loans trol have been defined as widely as without the consent of the parent or restrict the use of the terms "Port and irrecoverable. The operation of the Bill possible in order to include every pos- guardian. is confined to public servants whose sub-sible form of control by or on behalf of It has also been thought advisable to of Portugal and Maderia respectively. persons who are now enemies or enemy raise the age in the car of this offence The Bill is founded on the corresponding stantive pay does not exceed $200

subject Clause 13 prohibita liquidators to 21 years. This amendment, by clause English Act, and provides for the neces monik

The COLONIAL SECRETARY Seconded, and from transferring property to prohibited 5 of the hill, is also made in section 26 of sary legislation. ALIEN ENEMIES" (WINDING-UP) ORDINANCE. ~ control. Clause 14 provides for statutory the principal Ordinance

The age is sso raised to 21 in the case the Bill was read a second time.

Council then went into Committee ta The ATTORNEY-GENERAL moved the first dee arations being made to enable liqui- reading of a Bill intituled," An Ordi- dators to test the bond fides of intending of offences under sub-section (1) of

The Bill passed through, Committes" nance to amend further the Alien purchasers. The form of these declara section 4 of the principal Ordinance. consider the Bill clause by clanse

tion are given in clause 22. Clause 15 The opportunity has been taken to Enemies (Winding-Up) Ordinance, 1914."

The COLONIAL SECRETARY seconded, and prohibits purchasers of immovable pro transfer paragraph of section is of without amendment, and, on Council re- the Bill was read a first time

perty from the liquidatore from trans the principal Ordinanca o sertion 19 of suming, * The Objects and Reasons" nec esferring such property to prohibited con- that Ordinance to which it appears more

Canada, latrol without the permision of the properly to belong follow-

The object of this bil is to deal with Governor. It also provides that any certain points which have arisen in the person contravening the provisions of the course of the liquidations since the last section shall forfeit to the Crown the amending Ordinanes was passed sum of $50,000. The reference to the permission of the Governor is intended to Clause 1 is formal Clause 2 contains definitions of termomeet dificulties which might otherwise Corporation under enemy controlarize hereafter on the transfer of onemy," "enemy subject immov-immovable property sold in the liquida and property under tions, as no doubt a time will eventually able property prohibited control" are defined for the arrive when it will be very difficult to purposes of clauses 13, 14, 15, 16, 17, and ascertain whether a sale will not involve 22. which are referred to below. transfer to prohibited control as do It is important to remember that the fined in this bill. In such cases the pro term alien enemy

y will retain the hibited control suspected may be merely

THE WAR LOAN. M The ATTORNEY-GENERAL moved the second reading of the Bill intituled, An Ordinance to amend the War Loan Ordinance, 1916." In doing so he said: The object of this Bil is to provide that the revenue appropriated for the service of the Hongkong Was Loan shall be exempt from military contribution.

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

Council then went into Committee to consider the Bill clanse by clauso

The ATTORNEY-GENERAL Moved that it be read a second time ASAWA

The COLONIAL SECRETARY Seconded, and the Bill was then read a third time and passed.

PROTECTION OF FORESTS AND PLANTATIONS.

The ATTORNEY GENEBAL moved the second reading of the Bill intituled,

"In An Ordinance to make provisions for the better protection of foreste forst

doing so he said:— reserves and plantations from fre."

explained in Clause 3, is to make pro. The obicct of this Bill, which is clearly

land from fre.The provision is that aeg vision for the protection of trees on Crown