1923-07-27 — Page 4

JOHN 1.

THORNYCROFT

AND CO. LTD.

- SHIPBUILDFRS AND

ENGINEERS

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MOTOR VEHICLES 7 TO 8 TONS. WATER-TUBE BOILERS,

POR QUOTATION, "APPLT----

ROBERT DOLLAR BUILDING,

SHANGHAI.

THE HONGKONG DAILY PAENS, FRIDAY, JULY 2718, 1928

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HONGKONG GOVERNMENT'S

SHIPPING PROFITS.

(Continued From page 4)

The Government has not received the Patriots andited figures, but, whatever! results these show, Mr. C. R. Burkin has at least the consolation that his firm received considerably more remuneration in respect of this ship when under Government Control than it had been receiving under the charter arranged by his firm. Messrs. A. R. Burkill and Sons have not presented any claim; for losses incurred by the ss. Patriot og Holidura.) The Douglas Steamship Company's accounts show that that Company was able to pay a dividend of 12 per cent) and a honits of 10 per cout in respect of the year ending the 20th Jun, 19, and a dividend of 12 per cent, and bonus of 8 per cent in respect of the following year, with due provision for depreciation, reserve, and underwriting in addition.

HONGKONG

LEGISLATIVE

COUNCIL.

THE SHIPPING CONTROL

HON. MR. HOLYOAK ON THE VINDICATION OF THE GOVERNMENT.

KOWLOON LAND-FOR THE LIVING OR THE DEAD?

BIG CAPITAL FOR BUILDING ON A CEMETERY SITE.

A aeting of the Hongkong Legislative Council was held in the Council Chamber yesterday. There were present-

TER SHIPPING CONTROL.

||

valid for all purposes. That is too wide. It was written with reference to Clanse s and is intended to be read with that Clause. All the Clause provides is that ung act done or instrument executed by three of the trustees is not to be que tioned on the ground that the other. trustees, if any, did not concar" or joìu,t or object, or on the ground that" the number of trustees had been rødured.' It is intended to give three trustees the power to decide even if the others were against it, and to meet the case where,

for the moment, the full number of trustees does not exist. It is not, of (course, intended to give validity to any het of three trustees. which is outsida their powers. I beg to move the second reading.

Council go iuto Committee to consider H.E. THE GOVERNOR: 1 am not sure the Bill clause by clause. The COLONIAL what the practice is: I think it would SETARY seconded and it was agreed be more in order if you made your re- to. marks "on the motion for the adjourn.

The COLONIAL SECRETARY seconded, the Hon. Mr. HoLYOAK: Your Excellencs, Before passing to the Orders of the day, motion was carried, and the Bill was I crave your permission to make a cont-read a second · time, is EXCELLENCY THE GOVERNOR (Sirment on paper No. 3, laid on the table. The ATTORNEY-GENERAL Moved that" the

R. E Stuvos, K.C.M.G.).

This is the only opportunity I have of Colonel C. W. DAVY. CALG., D.S.O.referring to it.

(temporarily Commanding the Troops) On the other hand there may be quoted. Hon. Mr. A. G. M. FirTCHER, C.M.G,

C.B. E. (Colonial Secretary). the ease of one vessel which was Hon. Mr. J. H. Kaur, E.C., C.B.E crank that crews were reluctant to go to: (Attorney General). sea in her, and it was unlikely that her insurance would be renewed. New deckson, Mr. Met, MESSE, O.BE, Colonial werg required to obviate chains on a Hon. Mr. E A. lavino (Director of

Education).

yo i

Treasurer).

Hon. Mr. H. T. JACKMAN (Director

Public Works).

Hou. Mr. H. E. POLLOCK, KC..

count of sea water spoiling the cargo, and on, every trip ballast had to be pur- chases, as the ship when light was liable to capsize, while the ballast had to be takes yut to make rom for cargʊ In Hon. Mr. P. H. HULYOAK. this case siderable sum due to the Hou. Mr. R. H. KOTEWALL tiöverunout was remitted er gratio. In Hon. Mr. CHAU SU-KL two other instances special circumstances Hon. Mr. A. O, Lasu, led to a remission of certain payments Hou. Mr. A. R. LOWE

due.

The Hongkong Government has through- mit maintained the position that the Hon. Mr. E. R. HALLIFAX majority of its controled vessels were old (Secretary for Chinese Affairs), and out-of-late, with excessive coal con- Hon. Mr. A. G. STEPKEN. sumption and heavy repair bills, and that therefore the owners, being remunerated

NEW MEMBER.

MINUTES.

of

at the same rate as competitors operating Mr. A. R. Lowe took the oath and more modern and up-to-date ships, were in seat as a member of the Council. this respect at a decided disadvantage;l atthogh the owners of Hongkong control Jed vessels did not pay income tax or excess profits daty. The Hongkong Goy erament cannot however agree that the owners lost money, and it suggests that, at least, in the minds of some owners shere has been a confusion of thought between loises supposedly incurred and pro- fts anticipated from war conditions which were not received. 9

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

OTHER CHARGES ANSWERED.

The remainder of the Memorandu replies to statements made by Mr. Burkill! and Mr. Moller in Shanghai in a letter addressed to the 3.-C. Daily News, under date the 21st June, 1923, Mr. Burkill wrote:-

4

The must arising feature of this is

that while the Hongkong Govern-1 ment were apparently carrying such wat risk, they kept the secret well that shipowners were not informed that war risk was, covered, and I defy any Government servant in "Hongkong to produce any document showing that the owners of the k Wollowed were notified that the boat way covered for a specified sunt under a Coverament war risk polley or any other war risk policy."

Mr. Burkill had previously said that! wo received no Government policy for war risk, and insuring this risk was no small cost ever though our boats were not in the danger zou.

The Colonial Secretary reproduces docu- ments in which the owners were informed

PAPERS.

ment/

"

CROWN RIGHTS RE-ENTRY ORDINANCE

On Clause 5, the Hon. Mr. H. E POLLOCK moved that in lieu of the words "corporation may determine the words, "Governor in Council may approve of " He said. My reason, The ATTORNEY GENERAL: SIT beg to be substituded. move the first rending of a Bill intituled Sir, for proposing this is that I think it.. amend the Crown would be right that, an independent body An Ordinance to Rights (Re-entry) Ordinance, 1870. This like the Governor in Conuel should. Bill deals with a very technical subject. decide upon what trusts the property namely, the steps by which the Crown should be held in the case of a corpora re-enters on land where the tenant from tion transferring it permanently or tem- the Crown has committed some bretch afporarily.

moved

and

the

the conditions of the Crown lease, fort was agreed, on the suggestion of some breach of the conditions of the H.E. TUE GOVERNOR, that the Clause: tenancy under which the land is hell.shuld read "such conditions as mag The Bill and the reasons for it are ex-approved by the Governor in Conne.."

The amendment was agreed to.. Mr. S. B. B. MOELEY (Clerk of plained very fully in the Objects and

I The Hon. Mr. H. E. POLLOCK: The Councils).

Reasons printed with the Bill. ARSENT

think, Sir, I need only just say shortly other amendment, Sir, is in sub-section C.B.E...what the general policy of the Bill is. 5, that a full stop be pat after the word..

In the first place it is intend d to make out," and that the words, which follow

I think that those. it clear that the principal Ordinance, should be omitted. No. of 1970, applies to a tenancies words are rather too wide nod it will be- under the Crown of any land which is sufficient if tay Clause ends at the words.

The Orcarried out dinance in its present terms appears to The anendrieat was agreed to and the his registered in the Land Office.

apply only in enses where the Crown Bill passed through the Committee stage- lease has actually been issued, but, in without further amendment.

On the Council being resumed, the- Practice, most of the cases which have! occurred are cases where the Crown AFTORNKY GENERAL lease has not yet been issued and the COLONIAL SECRETARY seconded the third Crown tenant is merely under an agree-reading of the Bill. The motion was': Hon. COLONIAL SECRETARY by Commandment for a lease. In the second place carried, the Bill was read a third time

the Bill proposes to give to the Crown and passed into law accordingly. of H.E. the Governor inid on the table tenant a right to petition the Court in

every case in which he could petition the REPORT ON SHIPPING CONTROL. the following papers:

1.--Rules under the Prison Ordiance, Court if his landlord had been a private VINDICATION OF THE GOVERNMENT: -

party. There seems to be some limita: 1998, on 31st May, 1921

AND THE COLONIAL SECRETARY, tion of the right in the present Ordin. 2-Regulations under section 60 of ance and it is thought desirable that the The COLONIAL SECRETARY I beg to.

the Public Health and Ruildings Crown tenant should have the same right move that the Council do adjourn to this." Ordinance, 1903, on 19th June, to petition against forfeiture as he would day fortnight.

have if his lessor was a private person. Hon. 3. P. H. HOLYOAK: Your 3.-Regulations under section 5 of the In the third place the lessee is given Excellency, 1 crave permission to make- Ferries Ordinance, 1917, on 14th the right to petition the Governor in a few remarks on Paper No. 5, entitled. June, 1993.

Council in every case and he can make! Shipping Control in Hongkong, 1017- As this honourable Council is his choice between going to the Court 19 and going to the Governor in Council aware, aspersions of a very grave nature If he goes to the Governor in Council have been made against the good faith gues to the Court first he can still against the Colonial Secretary's treat- first then he exhaust his remedies: if he of this Government, and particularly petition the Governor in Council, because ment of matters referred to therrin. his claim may not be for a specifie legal Being in Shanghai, as I was, shortly 6.-Regulations under section 17. of the right but for relief as an act of grace. after these aspersions were made, I felt Police Force Ordinance, 1900, on The Bill clears up a doubt as it exists strongly-and I was not alone in that, the 21st June, 1023-

Pat present as to the imitation of time! for there were other members of the 7-Order under section. 8 of the Post for these petitions to the Court and the Hongkong community present with me at

Office Ordinance, 1900, on 27th June, Governor in Council, and makes it in that time who felt with me that th

each case 12 months unless the time is Government ought to make reference to. extended by the Governor in Council. those statements publicly in Council, The Ordinance also makes certain minor And had I not been assured, shertly after improvements in the Bill, but these are my return, that it was the intention of the main principles which are applied. the Government to make a statement. I I beg to move the first reading.

The COLONIAL SECRETARY seconded. The motion was carried and the Bill was read a first time nccordingly. SUPPLEMENTARY APPROPRIATION.

1929.

4. Ameuiments to the Pension Minute published ou pages 412 to 434 of the -Regulations of Hongkong. 19m. 5-Regulations under section 17 of the Police Force Ordinance, 1900, on 21st June, 1923.

8.-Order under section 21 of the Reats Ordinance, 19227 on 26th June, 1993. -Report on the General Post Office

for 1922.

10-Report of the Secretary for Chinese

Affairs for 1922,

that the Government undertook to accept-Report of the Director of Public

Works for 1929.

12-Report of the Director of Education

for 1922.

should have asked a question on the subject to elicit an answer to satisfy this The Council and the general public. aspersions were 30 serious that they needed refutation or confirmation as the case might be. I congratulate the all war risks, and adds: "As the owners:

The Colonial Secretary moved the Government on the extremely able state- knew exactly their rights and the Govern ment's liahilities in respect of war risk;

first, reading, of Bill intituled Anment which they have made on the whol Ordinance to authorise the Appropria-of the Shipping Control and I con- namely that their ships were fully, cover ed in a value which would be settled by Quarterly return of excesses on tion of a Supplementary Sum of One gratulate, more particularly, the Colonial the complete vindication subheads met by saving under million. five hundred and eight thousand Secretary on agreement, or falling agreement, by arhi tration, and on appent by the Courts: i beads of expenditure (Sessional five hundred a ninety-four Dollars which is afforded him by the statements did not cur to the Government to notify paper No. 5/1923),

and eight cents (81,508,514.78) to defray of facts recorded in this document which them individually as to the precise man

Hongkong the Charges of the year 1199. He said: are incontrovertible.

Personally I know-for I happened to ner in which the risk was being carries 14-Shipping Control in

1917-1921 (Sessional paper

No. It is proposed to ask the Council to adopt Detailed information was open to any one:

6/1923).

the usual course of considering this Bill be Chairman of the Chamber of Com- who might enquire. A similar practice

the Principal Civil in detail in the Finance Committee, and merce at a time when a great deal of going on--how obtained in respect of vessels under Im-15-eport of

so I do not propose to explain it at ang this negotiation was Medical Officer for 1992. perial requisition. The Government re-

length. It will be seen that the main deeply the Colonial Secretary interest? Deived no claims for a refund in respect |

item is in respect of miscellaneous ser himself in giving.scrupulous hearing and of war risk expenditure incurred by wn-

The COLONIAL SECRETARY laid on the vices,the chief excesses ander which justice to those who were appealing. I ers, nor did any owner state that he was table Snancial minutes 2, and a to 55 were a

sum of $200,000, paid to the was the more astonished, therefore, to A: sum of read the aspersions east on his character, insuring against war risk

and moved that they be referred to the University of Hongkong, Mr. Burkill had further publicly alleged Finance Committee.

203,819-in respect of loss on subsidiary which has been completely and amply. that Mr. Fletcher was trailing a red herring when he spoke of the Imperial

The COLONIAL TRACKER conded and coin, being 32,000,000 face value of coin vindicated. I think a good deal of con- sent Honie to be melted down, and a fusion of thought has arisen in the minds Government and the Naval Commcdore this was agred to.

vote of 8127,100 on account of the ex-of the Shanghai public at least partly "being responsible, and asked "How does The COLONIAL SECEPTARY laid on the penses in connection with the Prince of from ignorance of fact probably from he make out that the actual requisition table the report of the Finance Con- Wales visit. I beg. Sir, to move the ignorance of fact-in not realising that was carried out

this Government throughout the Ship- by the Commodore "mittee. No. 5 and moved its adoption. first reading.

Bonded Mr. Fletcher, in reply quotes from a letter from the Solicitors of the Wollowra this was agreed to.

The COLONIAL TREASURER seconded and The COLONIAL TREASURES seconded and ping Control, was ruaning a very serious "the motion was earried. The Bill was insurance risk, which the Imperial Gov- ernment had itself refused to shoulder- Steamship Co., in which Mr. Burkill 'wa-

read a first tine accordingly..

risk; oven on the assessment here by GERMAN MISSION TRUSTEES.

experts, of £970.000. In the early days ORDINANCE,

there wits considerable risk of one or more ships being lost. That the profite of the shipping control were not called

which', includes the sentence above ship has been requisitioned

77.

FINANCE..

di

HEMOVAL OF PATIENTS BY-LAWS."- The COLONIAL SECRETARY Sir, I heg by the Admiralty and says further that so move the adoption of the Removal of |---- Mr. Burkill's ship T'afrit was

requisi-Patients By-laws. The old by-laws were The ATTORNEY GENERAL moved the tioned under a letter from H.M: Dock badly drafted, ultra vires in parts and second reading of the Bill intituled An upon seriously through one or more or yard to each owner.

self-contradictory, and they contain some Ordinance to provide for the parrying on several of the shiper being lest was the Regarding the stay of legal proceed-serious omissions. The question, for of the work formerly carried on by fortune of war, but it was a liability ings eminenced by the shipowners, Mr. example, as to what was to happen in certain German sccieties and persons in which the Government had to count and Fleuber replies to the suggestion, that he case of a dispute between a private the Colony of Hongkong, and to deal prepare for. It is one of the axioms of deliberately proposed the stay in order to practitioner and Medical Officer of with the work of such societies and trade that, having put aside a reserve give the Hongkong Government time Health regarding the removal of a persona in the Colony of Hongkong and fund for a more or less definite object, prepare the Indemnity Ordinance. It is patient suffering from infectious disease to provide for the control of the persona shown by extracts from minutes and let had no answer providedy and there was by whom the said work is to be carr when that risk runs off (in insurance ters that the request for

parlance) what profit results, it is a was actually made at the reponement also the point that they opposed no He said: In moving the second perfectly natural thing for overy coll-

of the shipowners, and the minute of the Atobstacle to the removal of a patient to reading I would like to take the opportu mercial company, or for Government, torney-General says: "I remember

a place not approved of by a propernity of correcting an over-statement in to claim as a profit on its net results. I felt

I some dificulty about agreeing because authority, with the result that appar paragraph 16 of the Objects and Reasons, On behalf of the Unofficial Members, there was always the possibility that Mently, day person could establish an which has been pointed out to me. It is congratulate the Government again upon Fletcher might not return and he is the infectious diseases hospital in any true that the Objects and Reasons have the very clear statement which has been.

locality. These regulations bring our no legal effect, but they are sometimes made and as a result of which I hope fat person who knows anything abrit-the practice in this matter up to date and roferred to as a guide to the intention the Press in the North of China will It is further brought out that when they have been approved by the Sanitary of the Legislature in passing the Ordin concur in doing justice to the fair ad Fletcher, left the Colony for England an

Board. I beg to move their adoption.. ance. That paragraph states that Clause ministration during the War of Shipping 1st January 1921, neither he nor the

The ATTORNEY-GENERAL: I beg to 8 of the Bill provides that any Act done, Control which those who know it in its Government had contemplated any ques

seconds ‚tion of an "Indemnity Ordinance.

"

The resolution was carried

on.

or Instrument executed by three of the most circice are conscious that it) members of the Corporation shall be rightly deserved. (Applause.)