1918-05-24 — Page 3

Page

POLLOCK-With deference, Kon. Mr. Bir, the statement does not satisfy mo at all. I think it is very necessary that Regulations passed should put certain deBaite responsibility on certain definite Service. officials in the Government Otherwise the mattor remains very much. at large and the responsibility may be BO-divided that no definite person can be held liable for a disaster Jike the recent one. That is not a state of affairs it is dezirabin to perpetuate, and for that reu- son I think the findings of the jury who sat upon this case-I think for twenty days should be seriously taken into consideration by the Government, and it seems a necessary eorollary. in their findings and to the remarks of the Coroner that, in the event of a future disaster of such character occurring. Bome definite official should be held

THE HONGKONG DAILY PRESS, FRIDAY, MAY 24rn, 1918.

(Any sum which would have been payable to na enemy by way of payment off of any such securities, or of any securitios issued by any company: see Ordinanco No. 28 of 1915, 3.5 (1) (1).

(3.) The Custodian has hitherto been prepared to receive also the following voluntary returns ---

(a)--Particulars of debts, including bank balances and deposits, Juc from enemies, including persons territory in hostile occupation. (b)Particulars of property other than debts held by enemies, including persons in territory in hostile pe cupation,

(13.) Clause 7 repeals sub-Section (3) of section 11a of the principal Ordinance, which is now to be transferred to Section 2 of that Ordinance.

(14.)—Clause 8 makes restaurant kerp- are liable for the playing of chai mai an their premises within prohibited

This liability ou the keeper a hours. present applies only in the case of bro thels and common lodging-houses.

(15.)-Clause 9 increnses from $100 to $20 the penalty for allowing rabid or suspected dogs to be at large and it adds a power of inflicting imprisonment up to three months

(16.)-Clause 10 makes the wearing of a current licence badge the same protec (e) Particulars of luggage detained in tion to a stray dog against destruction enemy countries, including terrins the wearing of a collar with the nane and residence of the owner. It alsoj for :: tory in hostile occupation

convenience, renumbers Section 17 as sub- (4.)His Bajesty's Government now

DANGEROUS SMOKING, PREVENTION ORDINANCE, 1019,

The ATTORNEY-GENERAL moved the first reading of a Bill intituled "An Ordinance to amend the Dangerous Smoking Pre- vention Ordinance, 1800,"

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

The "Objects and Reasons" stato: This bill has been introduced at the re- quest of the Naval Authorities, and it in intended to provide a penalty for smoking board vessels in or alongside any duval dockyard

PLAK -DIATRICT: (RESIDENCE) ORDINANCE,

1918.

Tho ATTORNEY-GENERAL moved the firet reading of a Bill intituled "An Ordi- ance to provide that with certain excep tions no

person shall reside within the Peak District without the consent of the Governor in Council."

responsible in respect to certain definite consider, it of great importance that fun Section (3) of Section 16. The COLONIAL SECRETARY Beconded, and matters such as either the stability of the informatioți should be obtained with revision, based on Section 2 of the Date Bill was read a first timeyi

gard to these mutters which hitherto have been the subject of merely voluntary - turns. This Bill therefore makes the fol lowing returns compulsory:-

(Returns of all property of every description whatsoever in enemy territory or in territory in hostile Occupation, or of any interest in any such property, to which any person in the Colony is entitled. (Returns of all daims against any persons, firms, companies, and other corporations in enemy torri tory, or in territory in hostile Decupation,

(17.)-Clause 11 introduces a new, pro

The

Act, 1871, 34 and 35 Vict. e. 56. now section will give power to a magistrate to order that a dangerous dog shall eithor be kept under proper control or be destroyed.

(18.)-Clause 12 increases the penalty under Section 19 of the principal Ordi. ance from $100 or 14 days without hard. labour to 8950 or three months with on without hard labour. The section deals with varions offences relating to the

structure, or the provision of adequate exits and fire appliances: I think it necessary that steps should be taken for the future and it seems to me that is a matter in which the public are directly interested. It is no good, gir, having general responsibility thrown over a body like the Civil Service of Hongkong. We want to bring it down to a definite point so it may be known that dortain officials have the responsibility of seeing the Regulations are enforced, as to the proper provision of exits and the stability of the structures and so on: Until that is done we shall not arrive at a satisfac lory state of affairs. In the case of these particular matsheds at the Race. Couras the Government derived considerable revenue from their use, and it is only reasonable that the Government shouldnance will be a fine of $1,000, or imprison-250 or three months' imprisonment with

take measures, and that certain officials in the Government Service should be responsible for the measures taken, to prevent as far as humanly possible a recurrence of the disaster..

H. E. THE GOVERNOR-Do you mean the Race Course?

Hon.

n. POLLOCK-Yes,

H. E THE GOVERNDR-There will never be any more matsheds there, I think I may state that, ...

Hon. Mn. POLLOCK--With reference to my question No. 2, I think, also, the "question is taken up with regard to theatres and places of public amusement

Dr.

broaching of cargo, etc.

(19.) Clause 13 amends Section 20 of the principal Ordinance so as to give (c)-Returns of all claims against power to award imprisonment with or

Enemy governments.

The maximum penalties for failuro 10 comply with the provisions of the Ordi.

ment for six months, or both. There is also a penalty of 2500 a day for the period during which the default continues. The Bill fixes a period of one month after the passing of the Ordinance for the furnish- ing of the returns

1918.

SUMARY OFFENCES AMENDMENT ORDINANCE, The ATTORNEY-GENERAL moved the first reading of a Bill intituled "An Ordi nance to amend further the Summary Offences Ordinance, 1845."

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

"

The Objects and Reasons state: (1.) The object of this Bill is to make various amendments in the Summary Offences Ordinance, 1845. Many of these amendments have been under contempla

have

without hard labour.

(20)-Claase 14 raises the penalty under Section 21 of the principal Ordinance to

The offences or without hard labour. concerned include wilful damage to bridges and embankments.

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The Objects and Bensons” state- The object of this Ordinance is to pro- vide that, with certain excoptions, no persoa ahall reside within the Peak District without the consent of the Governor in Council.

|--MALAY STATES EXTRADITION ORDINANCE

REPEAL ORDINANCE, 1619. The ATTORNEY-GENERAL moved eccond reading of the Bill intituled "An Ordinancs to repeal the Malay States Extradition Ordinance, 1903. He said Formerly the Fugitivo Offender's Act, of 1881, which provides for the mutual surrender of criminal offenders between the various parts of H.M's Dominions THE IDEAL SLEEPING SUIT FOR THE HOT SEASON.

the

did not apply to protected States like the Malay States. Accordingly we had here a local Ordinance to provide for the mutual surrender of fugitive criminals with the Malay States. By Imperial Legislation in the early part of last year (21) Clause 15 raises the penalty for the Fugitive Offender's Act, was applied possession of offensive weapons with to the Malay States with the exception. intent to use the same for an unlawful of Trengganu. Accordingly the Hong purpose to $250 or three months imprison.kong Malay States Extradition Ordi- mont with or without hard labour...

(22)--Clause 10 raises the pensity for disorderly conduct to the same maximum: (23.) — Clauze 17 raises the penalty for unlawful possession to $200 or three months' imprisonment with or without hard labour.

(24)-Clause 19 makes the occupier of

nanes was repealed last year except as it applied to that State. By certain further Imperial Legislation the Fugitive Offender's Act, of 1881, has now been made to apply to Trengganu and, accordingly the local Ordinance is no longor required for the purposes of that State. Therefore whatever is loft of our local Ordinance. this Bill has for its object the repeal of The COLONIAL SECRETARY Beconded, and the Bill was read a second time.

elsewhere, I think it is very desirable tion for a considerable time and any premises on or from which any Council then went into Committee to

that some definite responsibility should

be put on a definite officer.

H. E. THE GOVERNOR-When the revised conditions which we propose to adopt

only been awaiting a

for

Clause

favourable oppor introduction

transfors to the inter-

pretation section the definition of public

at present appears in section 11 for the issue of permits to matsheds of the principal Ordinance. The defini are framed I will lay them on tho

only to that section. The table of the Legislative Council

for

tion

offence under Section 3 (1) or Section 13 of the principal Ordinance is coquitted liable to the same penalty as the actual offender. The offences chiefly concerned

considor the Bill clause by clause-

The Bill passed through Committee without amendment, and, on Council resuming,

Tho ATTORNEY-GENERAL 100ved that the

the information of members will apply to the whole are the throwing of rubbish and other Bill bo read a third time.

BILLS OF EXCHANGE (TIME OF NOTING) ORDINANCE, 2018,

The ATTORNEY-GENERAL moved the first reading of a Bill intituled "An Or dinance to amend the Bills of Exchange Ordinance, 1880."

state

new

relevence to piers has been added. The compound torm thorough fare or public place has been abandoned for the simple term public place

(3)--A considerable part of Clause 3 of the Bill is concerned with a arrangement of the wording of Section 3 of the principal Ordinance on account of the employment of this new term public place." In any case, the pre sent terminology is inexact and it seems to be varied unnecessarily throughout the

The COAXIAL SECRETARY seconded, and the Bill was then read a third time and passed.

INDECENT EXHIBITIONS ORDINANCE, 1918.

moved the The ATTORNEY-GENERAL

offensive matter from houses into the public street, and the making of noises at night. In such cases it is practically impossible to discover the actual offender unless the occupier is prepared to give second reading of the Bill intituled him up. On the other hand, it is prob: An Ordinance to probibit exhibitions, ably easy in most cases for the occupier publications, and advertisements of an to nacertain who was the actual culprit, indecent, obscene, revolting or offensive and in many cases the culprit is under nature. He said: This object of the the control of the occupier. It seems Bill is to suppress indecent and obice therefore to be a case in which the occationable exhibition and publication ef or may fairly be made liable advertisements. Many indecent and (28) Clause 20 makes contractors liable obscene advertisements have appeared in affixed to the walls of buildings Atten following cases:

tion has been drawn to this apparently

The COLONIAL SECRETARY seconded, and the Bill was read, a first time. The "Objects and Reasons The object of this Bill is to introdues here the provisions of the United King dom Bills of Exchange Time of Noting)

(1.) Paragraph (a) of Clause 3 alters Act, 1917, which enables à Bill to be noted for non-acceptance or non-payment on the the penalty under Section 3 of the prin

its cipal Ordinance from $50 to $250. next business day after the day of latter penalty seems by no means excesive for the acts of their employés in the three recent years, some in the Press and some

dishonour. Inconvenience often arises from the present state of the law on this polat which requires the Bill to be noted on the day of its dishonour

section.

The

for some of the offences contemplated by the section, and it is the general pecuni- ary penalty provided by Section B of the Magistrates' Ordinance, 1890, as amended by Section 5 of Ordinance 29 of 1915, and provided by Section 8 of the latter Ordi-

CLAIMS AGAINST ENEMIES ORDINANCE, 1918.

The ATTORNEY GENERAL moved the first reading of a Bill intituled 'An Ordinance.. nance to require certain returns to be made to the Custodian of Enemy Pro perty."

(5.)—Paragraph (c)(ii) of Clause 3 extends to the whole Colony the provi Bions

ons for the protection of wells and water courses which at present apply only te the Cits of Victoria and to streams used for watering

(e) of Clause 3 repeals ing returns have to be made to the Custoverinin particular words which might be dian of Enemy Property:--

regarded as limiting the general words

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

The Objects and Rensons state: (1.)-Under the existing law the follow

(6.) --Paragia

the

(c) allowing materials to fall from growing evil by members of the Chinese

buildings to the danger of public;

(b) opening trenches in the street with

out authority, or failing to fence and light such trenchon; (e) depositing material on Crown land

without a permit.

community because, apparently, during been in recent years, the evil hus gdvertisements the Chinese Press and the published in Chinese. I understand that messures have been taken recently in Shanghai and that the evil has been prac It is possible tically suppressed

there that in fact it is certain that sorog As regards (a) above, it is possible in of these cases might be dealt with under nearly all cases for the contractor to the Common Law but it is not quite

ons of make such provision by way of screens, that others come under the provisions etc., as to obviate the possibility of the Common Law, and it was thought materials falling on to the public street advisable to take Statutory Authority As regards the first part of (0), it is most

clear

and make it a Statutory offence to the Colony who Boughs

holds or manages any property for

an enemy must make a return of auch property are Ordinance No. 292 of 1916, 3. B

(5)-The above provision has been de

and deposits held for enemies, and

it insorts words which recognise the de- fence of lawful authority

principal Ordinance. On the other hand, roadway except under the express advisable to legislate for these medical instructions of the contractor employing him.

the

tends

its

As regards, (c) it is the duty of toments, it was thought advisable (7) Paragraph (m) of Clause 3 ex clared to apply to bank balances the principal (13) of Section 3 the contractor to make eats for lications and exhibitions so as to make Ordinance to negligente disposal of building mita his provides that particular class of

aph rofers to discharge and if he fails to do so and

it they think coolies to dispose ELB he cannot, well complain if he is held responsible. In all those cases the com mission of the offence almost certainly involves some neglect on the part of the contractor. The only exception is the case of failing to light a trench or other obstruction in the street. Holding the

F

nets. The paragraph to all debts of 8600 or upward: of firearms and missiles, etc.es see Ordinance No. 28 of 1915,

(8) Paragraph (n) of Clause it an offence to loiter in a public place any which was

vas incor-

so as to obstruct the same or create a company porated in the Colony, or which noisy assembly therein. has a share transfer office in the (0) Paragraph (2) of Clause 3 creates

new offences: (1) dropping

also for objectionable pub etc., the Bill completo Clause 4 of the Bill

whatever fit medical advertisement,

terms, shall be deemed to be of an indecent nature. That is taken from an English Act. An advertisement of that particular class, however, is not decred to be indecent if it appears in a bond fide medical publication. It is proposed in Committee to add two Clausee to the upon the table. One is a Clause to pro vide for a search warrant and the other. clause provides for the forfeiture and disposal of any indecent and obscene matter seited and brought before the Magistrate

Colony, must make a return of the following building material, etc., to contractor criminally liable here may Bill the draft of which has been laid |

all shares, etc., of the company which are held by or for an enemy :: zee. Ordinance No. 2% of 1915, a V (. (d)-Every partner of overy firm, a

partner of which became an enemy on the outbreak of war, ar to which money had been lent by person who so became an enemy, must make a return of all prouts anul

Ordinance No. 22 of 1915, s. 5

public.

the danger of persons passing perhaps be justified by the danger to the (2) forming, without lawful authority, trenches or other obstructions in public places, and failing to fames off and light trenches or other ob structions;

(3) picking ever refuse in any public

place; (

noisy pate

increases the penalty

(28.)--Clause 21 gives the police power to arrest and prosecute for offences against sections 78, 92, 185, 210 and 211 of the Publie Fast and Building Or dinance, 1903, Section 78 of that; dinance prohibits the sale outside market interest due to such anomy (for stone dressing to $250, and extends unwholesome food. Section 185 prohibits limits of articles of food usually sold in Bestian 82 prohibite the sale of be made to the Custodian of Enemy Pre- the Governor in Council from the City stalls and other obstructions in private

(2) The following payments have to the of prohibition possessed by

Colony of Victoria to the whole

210 deals with the streets. Section party to the Custodian of

cautions to be observed in connection with 11. Clause 5 increases the penalty (a) Any sum which would have been

payable to an enemy by any per under Sections of the principal Ord blasting. Section 211 deals with earth Con Crown land. The son firm, or company, by way of nance to $250. The latter amount does cutting, etc., dividends, interest, or share of not seem too large for some of the offences necessity for the clause arises from the dividends interent, or thare of pro and it is the amount recognised by Sec fact that sections 220 and 856 of the Ordinance No. 93 of 1915 tion 80 of Ordinance 3 of 1890. This Ordinance in question appear to coa- template only proceedings at the suit of same clause amenda the cruelty paragraph (b)-Any sum

(27) Clause 22 repeals a section of the payable to an caemy in respect of animals and birds of all descriptions.

(12.)-Clause 6. interest on securities issued by any

penales principal Ordinanes which imposes in government, British or foreign, under section 8 of the principal Ordi creased penalties for second and subse or any corporation other than a nance to $250. It also creates a further quent offences: This section is considered company, municipal or other prohibition against depositing building unnecessary in view of the general raising BUI Authority,ithin or without the rubbish, etc., on Crown land without a of the maximum penalties which this colony se Ordinance No. 23 of permit from the Director of Public proposes to effect throughout the prin

cipal Ordinance. 1913, 8.5 (0)

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

Council then wont ints Committee to consider the Bill clause by clause.

Clauso 1, 2 and 3, were unaltered In Clause 4 the word “medical” was

Two inserted, before the word "book" and before the word. " publication": new clauses, Clause 6 and Clauso 7 were added.

On Council resuming,

The ATTORNEY GENERAL moved that the

8.4(1), with would have boon of Section 6 so as to make it apply to the officers therein specified. Bill, as amended, be read a third time.

Work.

increases the

The COLONIAL SECRETARY SEConded and the Bill was read a third time and passed. Council was then adjourned until next Thursday.

(Other Local News will be found on Page 6 and 7.)

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