1919-09-19 — Page 2

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HONGKONG LEGISLATIVE COUNCIL.

REGULATIONS FOR THEATRES.

HOY. MR. ALABASTER'S CRITICISMS.

CUMBERSOME HARSH AND INAPPLICABLE."

A meeting of the Legislativy Council was held in the Council" Chamber, at

da, yesterday. There were present; --- FT EXCELLENCY", THE OFFICEE ADMINIS TERING TEK GOVERNMENT (Hon. Mr. Churn SKYERS, C. M.(T),

The COLONIAL Saguntary seconded, and the Bill was rent a second time.

Council went into Committee to con sider the Bill clause by clause. The Bill passed. through Committee without amendments and, open-funcil resping. HIS EXCELLENCY MAJOR-GENERAL F The ATTORNEY-GENERAL moved the third Vestris. C.--B., (Genéral officer command-reading of the Bill. ing Troops in China).

The COLONIAL SECRETARE scunded, and Hon. Mr. A. G. M. FESTCHER. C.B.E. the Bill was rend a third time and passed (Colonial Secretary),

Hon. Mr. H. E. POLLOCK, K.C... (Alg ney-General),

Hon Mr. C Mol. Messex. O, BE. Colonial Treasurer).

PLACKS OF PCULLO ENTERTAINMENT ERGULY-

TIN ORDINANCE, 1910. The Artviser-tiksinu 1 leg to move the second reading of the Bill intituled, An Ordinance to consolidate and

Bon. Mr. W. CHATEAN. C.3.G. the law rebiting to Places of Public Entertainment. As hon, members will ace from the

(Director of Public Works).

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

Hon. Mr. E. D. G. Woun (Captain Superintendent of Police).

Hon. Mr. LAV Car Pax. Hon. Mr. Ho Fook

Hon. Mr. C. G. ALABASTER), (), B, E Hon. Mr. S H. DODWELL. Hon. Mr. E. V. D. PARK

ale.

HIS EXCELLENTY 'pus Ourteer. AnMINIS-

IMIY.

public performance, the whole proceeds In the example I gave there would be of which shall be devoted to local pay muut for admission as all payments char'ty, provided he can obtain the use of i were to be devoted to a charitable object. a room in which to give his performance. Regulation says that any person who I will suppose, ale that he has been desires to keep or use any building or place father than a matshed) for a pub- able to prevail upon the charitable in stincts of this her member who sits nèxic entertainment shall do all of these things I have specified. Then we go on but one on my right to allow the of his halfroom or his banqueting hall to consider the type af these Regulations and End them Extremely irksome and for the purpose if he ran obtain per- miasjen. What has be to do, to obtain applicable only to low permanent For instance, we know that that permission. Has he to, telephone to buildings

the Peak Club the Military Barracks at the Governor and ges his reply No.

Mount Austin have theatres attached to. that would be too simple. He has to

find Regulation" apply in writing, first of all, to the hon. them but here

The member who sits opposite mel application must be writing and in it he must state his name and aldress and H" must also state the description. character of the entertainment for, which the pruises are proposed to be used, the locality of such premise, and the general nacure of the building. The hon. member who sits opposite me will consider that within the water-tight compartment of

his own department, and if he is satisfied be will then transfer the papers, nader enver, to the hon. member on my left who will again consider the application from the point of view of his department. If both these officers are satisfied, the hon. member next but one on my right will be so formed. But that does not conclude the matter. Es has hardly begun yet. He

covering the site: -

One half at least of the total length of the boundaries of the site of way premises which consist of an entira building and, in the case of a room ur ocher premises not consisting of ILT entire building. one half at least of the total length of the boundaries of the sit at the building of which such room or other premises form part shall shut apon streets of which one. street at least shall be not less than 40 feet wide and of the remainder nong shall be less than 30 feet wide if a earringe-way or to feet wide if a footway."

I submit we shall have to rebuile akt the small theatres in the Colony if these Regulations are intended to apply is they stand, and if they are not intended to apply except to a few certain" buildings we can make Regulations applicable to those certain buildings and ather Regula tions applicable to other types. As matter of draughtsmanship, it would appear that these Regulations have been

Objects and Rensons this is rensolidating and amending Ordinance. The principal amendments ffected by this Ordinance are to render public cinemagraph displays subject to pormit in writing from the Captain- Superintendent of Police who shall not give such permit unless and until thens to go to an architect and has to usk Mr. J. ASE. BeLock. Clerk of Coun. Filios and posters have en ecosored and the architect, not to give him a copy of

passed in accordance with Regulations to

the original plans which were made when be made under this Ordinance by the

the room was built, that would be too simple-but an entirely new set of plans has to be prepared. These plans must show elevations, and sections to a scale of not eas than 1-10 of an inch to a foot, to gether with a black plan showing the position of such premises in relation adjoining buildings and public streets with such completeness as the Building tions. Again in Regulation & we find a Authority may require. Sush plans shall reference to the highest part of the top be amended in any particular required tier, having been told just, above that Such a

by the Building Authority and shall be tier is a horizontal division. We are retained by him and shall form no purtat told how to get to the highest part.

of the horizontal division, We shall have of the plays which are required to be de

to do so by toboganning gently down, the posited with a Building Authority slope of the perpendicular. We had under the provisions of the Public Health references in Regulations 25 and 30 to and Buildings Ordinance, 1902. Such

entrances and gates. In Regulation 95

TERING THE GOVERNMENT After the com-Governor-in-Council and to give statutory hined meeting of the Executive and Legis power to prescribe fees to be payable in lative Councils held on July 19th, in con respect of such censoring. The opportu nection with the Peace Celebrations a mes nity is also taken, to 61 up a lacuna in sage of congratulation was sent to H. M. the power of making regulations given the King, which was in the form of a re- by section 6 of the Theatres Ordinance, solation of the joint Councils. I have now 1908. That section makes no general re received the following dispatch from the

ference to the prescribing of conditions of Secretary of State for the Colonies: licences and permits. It seems obvisus

bave the honour to acknowledge" the re

warding a message from the Executive ceipt of your telegram of July sit for and Legislative Councils of Hongkong to- H.SI, the King, and I am commanded by His Majesty to request you to convey to- the Executive and Legislative Councils, his great appreciation of their expres-

that this power should exist.

Clause 7, like

power to issue licences. power is usual in Ordinances which give

Clause of the Theatre Ordinance, 1908, contains an exemption in regard to Chinese public theatrical performances, which are dealt with under Ordinance 3

!

drafted rot by one hand 1 by many for we find tier in Regulation 7 and a differens Regulation 19, but there definition of thr in Regulation to that in Regulation 19 and it is put made clear whether the word tier is intended to have the same meaning in both Regula-

*

sions of loyalty and devotion and of their 1888, and under the regulations made: Plans shall show the number of persons all gates shall be made to open both ways.

congratulations on the attainment of

Peace."

"

FINANCE.

The COLONIAL SECRETARY, by command of H.E. the Officer Adininistering the Government, laid upon the table financial minutes Nos. 59 to 101 and moved that they be referred to the Finance Commit

tec

The COLONIAL TREASURER seconded and this was agreed to.net

The COLONIAL SECRETARY, by command The Real Burley Cigarette of RE: the Offer Administering the

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Government. laid upon the table the re

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I Regulation. Wall barriers shall be

to lip accommodated in the various parts respectively of such premises and the aren

made to open one way. I don't know the to be assigned to each person, which shall difference between a barrier made to open hot be less than 2 for inches by foot and a gate. but if it is intended that there. 8 inches, also the widths of all staircases, should be a difference it should be made. corridors. gangways, and doorways and clear. I beg to move that the Regulations the heights of all tiers and other parte be referred back for further consideration. of the buildings. Such plans shall be drawn on tracing cloth and shall be sub- mitted, in duplicate, and copies of such plans shall be posted on the licensert pre ms by the license.

The COLONIAL SECRETARY seeundek Hon. Mr. C. G. ALABASTER J. nove that this Bill and the Regulation, there under b referred back for further con sideration. With regard to the Bill itself, the Clause that. I wish to draw particular attention to is Clause which, as it stands at present, transfers to the Executive Council the right of advising Your Excellency as to all legislation with regard to places of public entertainment and removes that power almost entirely GOVERNMENT It will be sufficient simply: H.E. THE OFFICER JÁUMINISTERING THE

From the Legislative Couabil. When you

port of the Finance Committer No. Peame to the Colony: Sin, in 1912 the right

and moved that it be adopted.

The COLONIAL TREASUREL seconded änd this was agreed to.

"

PAPERS

of the Legislative Council, to control the legislation of the Executive way fully re cognised. One of the first Ordinances

to refer to these Regulations, without

reading them..

د.

H.E. THE Orvicen ApMINISTERING THE GOVERNMENT-With regard to what the hou. member has pointed out, I may say that, these Regulations are consolidating jones and are based very much on the lines

safeguards thought necessary. of previous Regulations, with certain There is nothing harsh about them. With regard

to the meticulous examples given by the

Hon. Mr. ALABAStan-I shall go on to her, hember, if a conjurer has a large room in a house and invites people, there point out--

"H.E. THE OFFICER ADMINISTERING THE for a charitable object-of course they have to pay for admission--all he has to

The COLONIAL SECRETARY, by command which you put your hand to as Officer GOVERNMENT-There is very simple of II.E., the Officer Administering the Govemment laid upon the table the re-

port of the Palice Magistrates Courts. 1918, and the Diretor of Public Works report, 1918; and Sessional Paper No. 9 -the Quarterly Return of Excesses on

Administering the Governinent was Ordi. maner No. 19 of 1812, which contained a

Provision in this form The Governor in tounei may make regulations which stall be subject to the approval of, and shall not come into force unless con-

answer.

do, ns has been done over and over again -Hon. Mr. „ALABASTER-Perhaps so under the Regulations, is simply to write have not fourd one and I have read the note saying that he is giving this per

formance and asking to be exempted from Regulations with ears. If the third authority, approached in writing is not looked at by the Department of Public there Regulations. The room is properly

satisfied the owner of the premises, will

sub-heads met by savings under the Heads Armed by, the Legislative Council." The be informed that his room is unsuitable Works, one of the officials visits it, and

of Expenditure,

TELEPHONIC COMMUNICATION WITH "

CHEUNG CHM”.

As re

very next Ordinance in 1912 contained that it does not conform with these re-.

possibly, a dollar" is charged and there is a similar provision, and now that war gulations.

an end to the matter and it is finished. But there is power-perhaps There is nothing improper in that, OE has ended and it is not necessary to regard it was to the regulations to which His course, the man should have such exemp The COLONIAL SECRETARY with reference every piece of legislation as a piece of Excellency was referring for the Build- to the question regarding the tele-emergency was legislation, I submit the ing Authority to waive auch of these ration. The bon: member has pointed out one or two matters to which he has taken phone cable to Cheung Chau, asked by time has come to go back to the principle room, but he ran only do that by asking read these things over and I can re

quirements as are inapplicable to the"

exception to the definition of a "tier." the Hon. merrshear representing the

fully recognised in 1912. and that any Justices of the Peuce at the meeting of

regulations the Governor-in Council may

the applicant to again make written ap-what he means by his reference to the Council on August 25th,, the cable bas make shall be submitted to the criticisma plication. So that where a person wishes horizontal. There might be soma, legal been taken up and has been found to be

to cross a road, you force him down half too defective to admit of adequate repairs the Legislative Council. The need for

gulations can be explained by the fact being made, so this communication will such criticism is exemplified by the dozen blind alleys, give him a dozen exception taken to "tier," but the Re-

rents and make him put his hand in bis that the seats are on a slope with steps, " not be restored until a new cable is laid: Regulations which are sent to us, with pocket. I should have thought a very row after row. That table was ordered just at the timer papers, and which we do not obtain simple form of regulation would have explain this may be found, but as it Probably some way of of the Armistice" and no deñnite news as right but out of courtesy. These been all that was necessary-to the effect standa it is quite satisfactory. has been received as to whether or not Regulations, in their present form. I that the applicant must satisfy the Build-gards the difference between doors open- it has been shipped. It is coming from submit, are unacceptable, unnecessarily ing Authority that the place is suitable ing both ways and one way, if being used America and it is thought possible that barsh and unnecessarily cumbersome. for the type of entertainment, it has been shipped.

What it is desired to do is to prohibit anyone from holding any public enter tainment without permission, which per mission will be withheld unless proper precautions, having regard to all cir cumstances of the case, are taken

against Gre. That would be obtained by a very simple set of regulations, but these rei gulations achieve that end by "the most aircuitous route it is possible for human. ingenuity to desire. They lay down a procedure under which those permity are

SUGAR CONVENTION ORDINANCE, 1910. The ATTORNEY-General-I beg to more the second reading of the Bill intituled An Ordinance to repeal the Sugar Con vention Ordinance, 1904. Ashon, mem- bers will see from the statement of the “Objects and Reasons," the object of this Bill is to carry out the instructions received from the Secretary of State for the Colonies for the repeal of the Sugar, Convention Urdinance, 1904, in view of the withdrawal of His Majesty's Govern tent from the Brussels' Bugar. Copven- tion, the effect of which--withdrawal is granted, and I can describa that proce to relieve both the Imperial Government duro best by giving a concrete example. and the various Colonial, administrations

from their obligations under the Conven- I will assume that a well-known conjurer:

comes to this Colony and desires to give

tion.

125

H.E. THE OFFICE ADMINISTERING THE

at the entertainment all doors may only open one way. However, on behalf of the GOVERNMENT-May Lask the hon. member Government, I have no objection what whether the entertainment he describes is ever to the Bill standing over to be con- a private or a public entertainment.. sidered. Does the hon. member propose

Hon. Mr. ALABASTER-I will read the to have a Committee? written definition :--

Hon, Mr. ALABASTER-Theee Regula "For the purposes of these Regulations might be referred to the Law Com- tions, Entertainment' includes onymittee. concert, stage play, stage performance, H.E. THE OrrICES ADMINISTERING THE cinematograph display; exhibition of GOVERNMENT As regards Section I

think you began by that these Regula dancing, conjuring, or juggling, aero-

tions will be submitted and approved by batic performance, boxing contest, or the Legislative Council in the case of this circus, or any other entertainment of ordinary way, will be made by the Bill, and future Regulations, in the similar character. Public entor Governor-in-Council. bave no inten- tainment" means any entertainment to which the general public are admitted with or without payment for admix eion

tion of departing from that principle pending the arrival of the now Governor when the whole question of principle can be considered. The Bill will stand over-

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