1922-02-17 — Page 2

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THE HONGKONG DAILY PRESS FRIDAY, FEBRUARY 17T, 1922,

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THE

A meeting of the Legislative Council was held in the Council Chamber yes terday. There wore present!-- HI EXCELLENCY GOVERNOR (Sir EDGINALD EDWARD: STU998; K.C.G.) HE MAJOR-GENERAL SI JOHN FOWLER, K.O.M.G. C.B. D.8.0 (General OfBeer Commanding the Troops in (China)UNA Hon. Mr. CLAUD SAVERN, CMG

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I have noticed one omission in the 9-Olaus 8enaots that police super accounts of Sir Henry May's fe which vision orders shall be suspended during

OROWN LANDS RESUMPTION ORDINANCE B.E. THE GOVERNOR: The next item an

1

have appeared in the Press here and that is that, in the beginning of the year 1007, anterns of imprisonment. Sir Henry Marwar offered the post of 10-Oluse provides that the finger the paper (B to amend the Crown Lieut. Governor of Ceylon-an appoint prin

prints on any police mpervision order Lands Resumption Ordinance) it is pro ment which has always been regarded as shall be preamed to be those of the per-posed not as proceed with As certain hon memberk desire further time for consideration.

one of the prizes of the Colonial Service and as almost cerisin to load, in the son against whom the order was made. future, to the Governorship, Sir Henry

11. Clause 10 provides a penalty of May, As a matter of fact, had accepted two hundred and fifty dollars or siz the appointment but just at that time Sir Matthew Nathan had his unfortunats months imprisonment for offences against sccident and Sir Henry May's first net the Ordinance.

was to report to the Secretary of State. 12-In the schelule to the bill. two that in view of this accident, he felt alternative forms of Form No. 1 are given, that his services were needed in Houkkong for use in summary cases, and on indiet and be desirou to withdraw his acertament respectively.

of the post of Lieut-Governor of Ceylon. That, gentlemen, is a striking indication of the valus be attached to his work in this Colony and his readiness to sub

THE VOLUNTEER ORDINANCE. The ATTORNEY-GENERAL moved the second reading of An Ordinance to amend further the Volunteer Ordinance, 1991.

The COLONIAL SECRETARY seconded, and the serend reading was approved.

The Council went into Committes to consider the Bill clause by clause: it was approved in Committee without amend cut and on the Council being resumed, The ATTORNEY-GENERAL MOVeck, and the DOLONIAL SECRETARY seconded, the third. reading, which was approved.

The Bill passed accordingly.

The ATTORNEY GENERAL, in moving said: The object of the Bill is to provide for police supervision of persons who have been convicted of crimes of a certain class ordinate his own interests to what he be Leved to be the interests of the Colony.

and other suspected and dangerous per sons. The Bill is based on the English The Hon. Mr. H. E. POLLOCK, KÜ, said: Sir, on behalf of the unofficialrevention of Crimes Act, 1871, and it deals with two classes of persons: Brst members of the Council, WO desire to associate ourselves completely with of all, those convicted twice of crime, as tho words which have just fallen defined by the Bill, and, secondly, those tribute to the memory of Sir Henry May defines crime in a somewhat narrow way Ordinance to modify certain provisions on deportation proceedings. The Bill

TREATY OF PEACE ORDERS.

The -ATTORNEY-GENERAL moved the

Hon. Mr. T. L PEREIN (Director of from your Excellency. We pay sincare who go before the Governor in Council second reading of the Bill intituled an.

Public Works)..."

Hon. Mr. H. E. POLLOCK, E.C.

Hon. Mr. Lau ÕHU-PAK.

Hon. Mr. E. Y. D. PAEL

Hony Mr. A. G. STEPHEN.

Hon. Mr. A. O ING.

Hon. Mr. CHOW SHOU-80%.

Mr. A G. M. FLETCHER, C.B.E. (Clerk of Chineso colleaguo and I bog respectfully to i period of years,--two years upon stimmars Orders to the circumstances of the Colony

Councils),

MINUTES.

The minutes of the last meeting were approved and signed by the President.

FINANCE.

The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table financial minutes Nos. 4 to 13 and moved that they be referred to the Finance Uom milter.

The COLONIAL TREASURER seconded, and it was agreed to,

The COLONIAL SECRETARY, by command of H. E. the Governor, also laid or the table the report of the proceedings of Finance Committee, No, 1 dad, moved that it. adopted.

The COLONIAL TREASURER seconded, and the motion was approved.

BY-LAWS AFFROVED,

The COLONIAL SECRETARY laid on the table for approval by the Council, by laws under the Public Health and Build ings Ordinance, Section 16, for the amend ment of the Importation and Inspection of Anima's By-laws; maintenance: uf Order in Depots, for the Maintenance of Order in Slaughter houses, and a by-law relating to the cleansing of buildings.

as being a hard working and conscien tions official who sacrificed not only his out that definition is based on the of the Treaty of Peace Order, 1818, the health, his strength, but even his life in definition in the English Act. Any person Treaty of Peace (Austria) Order, 1920, the public service of this Colony and for convicted twice of any crime included the Treaty of Peace (Bulgaria). Order

in the definition may be ordered to be 1000, and the Treaty of Peace (Hungary) the promotion of its work.

The Hon. Mr. Lau CHU-PAK: Sir, my placed under police supervision for a Order, 1921, as amended, for the purpose of adapting the provisions of the said associate ourselves with the sentiments conviction and seven years upon convic

The COLONIAL SECRETARY ACConded, and expressed by your Excellenty and by the on alter indictment before the Supreme of Hongkong.. senior unofficial member. The news of Court. The Bill provides that persons Sir Henry May's death was received by able to deportation, or who would be the second reading was approved.

The Council weat into Committee to the Chinese here with genuine sorrow, for liable if they were not British subjects, although we did not at all times may be ordered by the Governor in consider the Bill cause by clause: it was altogether see eye to, are with him in Council to undergo police supervision for approved in Committee without amend- some of his public policies, we have any period not exceeding seven years. Itment and on the Council being resumed, feared to retain for him high esteem and is quite possible that, in some cases, that respect. He gave practically the whole may take the place of deportation and of his working life to this Colony and it would be especially useful in the case never spared himself in soeking the public of persecs when it is. not possible, on weal binco bis retirement the results of account of nationality, to deport. Per some of his work have become more Bons under police supervision have to re- apparent to us and time only increases our port their changes of address to the appreciation. Now that he has gone, his police and male persons have to report work lives after him. His death is personally once each month to the most mourned by the Chinese community and convenient police station. The Bill has it is in their name that I now respect boat asked for by the police and I think fully support this resolution of sympathy. that anything in reason which they think The members of the Council had remay assist them in their difficult task mained standing while these addresses of combating crime should be granted.

The COLONIAL SECRETARY seconded, and were being spoken; the resolution "was carried in silence and the President the Bill was read a first time. intimated that it would be communicated to Lady Bing and her family by the Clerk of Councils.

"

THE OPIUM ORDINANCE.

THE PAVILION FOR THE PRINCE. The ATTORNEY-GENERAL moved the first reading of a Bill intituled an Ordinance The Hon. Mr. A. O. Laxa, pursuant toto amand further the Opium Ordinance,

The COLONIAL SECRETARY moved the apnotice previously, given, asked the follow- proval of these by-laws.

ing questions:

1.

The ATTORNEY-GENEZAL Accunded, and the by-laws ware' approved.

PAPERS.

The COLONIAL SECRETARY, by command of HE.. the Governor, “alão - laid on the table the quarterly return of excesses on sub-heads mot by savings under heads of expenditure for the fourth quarter ; of 1931; regulations under soetion of the Dogs Ordine, 1803, dated 19th January, 1922; a rule, under section 18 of the Prison Ordinance, 1899, dated 26th January, 1929; an Order under section 91 of the Post Office Ordinance, 1900, dated 29th January, 1972; regulations, under section 25 (4) and 42 of the Merchant Shipping Ordinance, 1808, dated 28th Jan., regulations under section 4 of the Stamp Ordinance, 1921, dated 28th January, 1993; declaration under the Societies Ordinance, 1920, dated 1st February, 1992; an order. under section 119 (1) of the Companies Ordinance, 1911, dated 9th January, 1922; declarations under the Societies Ordinance, 1920, dated 8th February; a declaration under the Socie ties Ordinanc, 1920, dated 8th February; a declaration under the Societies Onlin- ancey-1990, dated 8th February; and an order under section 4 of the Importation and Exportation Ordinance, 1915, dated 6th February 192.

Will the Government state; 1.What, if any, use is to be made of the Building, now under erection, on "The Fince: Site" after the visit of His Royal Highness the Prince of Wales 2-What, if any, precautions are being taken to cope with an outbreak of Fire during the rection of such Building t 3.-Whether the risk of Fire, and that of damage by Typhoon, has been covered by Insurance i The COLONIAL SECRETARY replied:- 1.-No decision has been come to, 2-The Chief Officer of the Fire Brigade has placed fire appliances on the premises and he has the fire "font in close proximity, pu 3.The risk of fire, but not that of

typhoon, is covered by insurance.

IDI

The "Objects and Reasons" attached to the Bill state;

The ATTORNEY-GENERAL Moved, and tho. COLONIAL SECRETARY Seconded, the third reading, which was approved. The Bill passed accordingly. ENFORCEMENT OF MAINTENANCE ORDERS.

The ATTORNEY-GENERAL moved the second reading of the Bill intituled An Ordinance to amend the Maintenance Orders Facilities for Enforcement) Or dicance, 1991.

The COLONIAL SECRETARY seconded, and the second reading was approved.

The Council went into Committee to consider the Bill clauso by clause; it was approved in Committee withony "umend-: ment and on the Council being resumed,

The ATTORNEY-GÈNERAL, Moved, and the COLONIAL SECRETARY Seconded, the third reading, which was approved.

The Bill passed accordingly..

THE ADJOURNMENT.

H.E. THE GOVERNOR: Gentlemen the business which will come before the next meeting of the Council is primarily the that the list will be ready next week. Jury List and it is not absolutely certain

wock and if the list is not ready we I propose that we adjourn to this day shall have to adjourn for a little longer.

The Council then rose.

FINANCE COMMITTEE.

A meeting of the Finance Committed was afterwards held, the CotoNIAL SECRE TARY presiding,

BEPAIRS TO BAILWAY EMBANKMEST. The Governor recommended the Council to vote a sum of $600 on account of Kowloon-Canton Bailway, Special Ex- penditure, Eepairs to Bailway - Embank- mont.

The OHAIRMAN: This sun is a re-vote

t. The object of this bil is to amend further the Opiam Ordinance, 1914,

2-Clause 2 adds a new sub-section to the effect that no person shall smoke section 30 of the principal Ordinance to opium in an opium divan, At present this is not definitely specified as an offence in the Ordinance, and persons found smoking indivans are charged under section 30 with using an opium divan. It is perhaps open to doubt whether the use of this section for this purpose is correct, since the rest of the section is applicable only to opium diyan keepers. That the offence of smoking in a divan was con templated by the framers of the Ordin- anou seems clezz from the present section 31, and it is therefore considered advis able definitely to prohibit such snoking.

3-Chase 3 of the bill authorises addi. tional presumptions in the principal Ordinance. In the majority of prosecu tions for keeping opium divans it is neces sary to prove an actual sale of opium and the difficulty of proving this makes The Objects and Reasons state-it almost impossible to bring home the 1-The object of this bill is to provide offence. The first part of clause 2 there PRODUCE SHELTER AT TAIPO.. MÄRKET. for police supervision of certain persons, for authorises the presumptions that, The Governor recommended the Council It is highly desirable that, for the pre where two or more persons are found to vote a sum of $400 on account of vention of crime, the police should be able smoking opium in any place, themselves Kowloon-Canton Railway, Special Ex to keep track both of persons who have not being residents there, (a) the place is penditure, Produce Shelter, Taipo Market. been convicted of serious offences, and an opium divan, and (2) the tenant or The CHEAIRMAN: This, also, is a re- also of persons who are known to be bad occupier is keeping an opium divan there, vote of the balance of the money provided characters an

provided that the tenant or occupier or last year. The work was not completed 3.-The bill is based mainly on section one of his servants is present at the time. at the end of the year. 8 of the Prevention of Crimes Act, 1871. | The second part of clause 3 merely re-Approved. (34 and 35. Vich, c. 112).

enasts the existing section 31 of the Ordine

900 YARD AT LOWU, 3.-Clause 2 defines:"crime" for the ance H.E.THE GOVERNOR Hon members purposes of the bill, as any felony, or any

The Governor recommended the Council of the Legislative Council, I rise to move misdemeanour under the Coinage Offence penalty for, breaches of section 46 of the Kowloon-Canton Failway, Special Ex- 4-Clause 4 provides an alternative to vote a sum of 913,000 on account of the resolution that stands in my name. Ordinance, 1805, or certain offences under principal Ordinance, in conformity with penditure, Loco Yard at Low It runs as follows:-

the Larceny Ordinance, 1865, or the offence the alternative authorised in section 81.

THE LATE SIR HENRY MAY GOM.G

TRIBUTES BY H.E. THE GOVERNOR, AND THE UNOFFICIAL MEMBERS.

POLICE SUPERVISION ORDINANCE The ATTORNEY-GENERAL moved the first reading of a Bill intituled an Ordinance to provide for police supervision of certain persons.

kong have received with profound regret of conspiracy to defraud. This definition · Clause 5 of the bill corrects all

you error in drafting in section 51 of the principal Ordinance,

The ATTORNEY GENERAL in moving

last year.

of a portion of the sum of $4,700 voted embankment was not finished by the end The work of repairing the of the year.

Approved.

The CHAIRMAN: This vode requires some explanation. The original estimate for this work when the estimato was pre- pared in 1820 for the year 1991 wax $45,000. This sum was subsequently re

*** The Legislative Council of Hong-

is based on the definition contained in the news of the death of Sir Henrysastion 20 of the Prevention of Crimes May, G.G.M.G., LL.D., formerly

Act, 1871. Persons who are twice coa- Governor of Hongkong and for many victed of any of these offeners may be years a member of the Council. In dealt with under clause 3 of the bill: said This Bill has four objects duced to $27,466, and later to $25,000 g expressing their deep sympathy with 4-Class 8 empowers & magistrate or one is to make it quite clear that smoking it was proposed to use old rails. Finally Lady May and her daughters in their judge to order the police supervision of opium in an opium divan is an offence, the estimate was 335,813, the sum being bereavement, the members of the

any person who is convicted of a crime It has literally been treated as an offence increased from 825,000 for the following Council desire to place on record their after a previous conviction of another but there is some slight doubt as to the reasons: Owing to the increase in the sense of the very valuable services rendered to Hongkong by Sir Henry crime. The maximum period of such meaning of the Section under which cost of labour and materini, the vote for May during his long and distinguished and seven-years-on indictment

and this Bill makes is clear by an orbed and bed, from 810,074 to 815,774; the supervision two years in summary cases prosecutions have hitherto been brought, earthwork and drains was raised from $5,100 to $6,111; the work on the carriage career in the Colony.

5-Clause 4 gives the Governor in press provision that amoking opium in H.E. THE GOVERNOR continued: myself did not have the pleasure oCouncil power to one the polico super a divan is an offence. In the second estimate for track and crossings from serving with Bir Henry May at any time, vision for a period not exceeding seven place, it proposes to facilitate pepof that 88,776 to $9,899 and a new head lor tank years of certain classes of persons The a place suspected of being an opium diyan and water supply 83,500-making a total but I have known him for more object of the clause is to make it possible in upon divan: It does that by of $35,213 Under earthwork and drain- than twenty years and in common, for the police to watch and control the enacting cortain presumption that age the increase was due to more filling 1 am sure, with everybody' who knew

movements of persons who are known to where two or more persons are found being required than was originally es~~ him I had the highest restyet and be bad characters, but who do not come moking opium in any place, such persons timated Under carriage shed and be regard for his character. I think there under the provisions of clause of the not being residents in the said place; it the increase was due to the foundation a little that I can say with regard In some cases supervision will probis prouaned that that place is an opium being found to consist of soft sub-soil and to his career in the Colony which has ably take the place of deportation divan and that the tenant or occupier is to the increased cost of materials. The in- not already been said by the Colonials. Clause & provides for the service the keeper of the divan. In the third crease under track and crossings" is Secretary, two years ago, on the occasion and explanation of supervision orders, place it provides that, in the case of due to increased cost of ballast and of the announcement of Sir Henry May's and authorises a form of certificate to be offences against Section 40 of the prin sleepers The Last head tank and water resignation His long career in this given by the police officer entrusted with cipal. Ordinance the Magistrate shall have supply was not included in the reduced Colony covered a grant period of develop them duties,

the option of two maximum penalties estimate of $25,000 so it becazze a new ment in all directions, and in that develop Class 6 requires every person under one, the present maximum of 82,000 and estimate of 22,000. Finally it was found ment Sir Henry May himself played a police supervision to notify his residence the other ten times the market value of to cost $3,500, due to increased cost of very great part. His life is bound up with or change of residence to the police the oplum in respect of which the offence materials and labour. The work is going this Colony and the Colony, in many ways, 18.-Clanse 7 enacts that male persona is committed. That second alternative on, but a sum is required this year of will remember it, and its development subject to police supervision shall further already exists in the general penalty 15,000 to complete it will stand as a memorial to Sir Henry." report personally once in each month to section of the Ordinance, but it does not Approved.

It was possible for anybody who knew the police as ordered. In order to allow apply, at present, to offenses under A BAILWAY WAGES BILL Sir Henry, May to differ from his opinions more freedom of movement in special Section 46. In the fourth place, the BillThe Governor recommended the Counci on any subject, but I am quite sure that cases, the Captain: Superintendent, of a corrents an obvious drafting error in one to vote a sum of £118 on account of it was not possible for anybody to have Police is authorised to make a special of the penalty sections of the principal Kowloon Canton Railway, Special Ex the slightest doubt that the opinions he order dispensing in any case with fall. Ordinance and makes it clear that the penditure, Locomotives. expressed ware those he honestly hell and compliance with this rule. Sub clause (y that they were formed in what he believed provides for casse in which this Captain to be the best interrate of the Colour to Superintendent of Police may, gisep which his life was devoted

s) mussion to leave the Colony-

penalty referred to can be imposed on The OHAIRMAN: This sum is required summary conviction. I beg to move to pay the wages of men employed in The COLONIAL, BROSETARY Beconded, and dismantling and erecting locomoti roan

Bill was read a first-time?

Approved.