1923-09-21 — Page 5

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HONGKONG

COUNCIL

A meeting of the Hongkong Legislative

·Council was held in the Council Chamber yesterday. There were present: HI EXCELLENCY

THE GOVERNOR (Str B. E. Srenas, K.C M.G.). HIS EXCELLENCY The Officer is CouMAND of the Troops (Major-General Sir Jour Fowler, K.C.M.G., C.B.. D.S.O.). Hon. Mr. A. G. M. Firvonen. C.M.G.,

C.T.E. (Culonial Secretary). Hon. Mr. J. H. Keur, K.C. C.B.E.

(Attorney-General). Hon. Mr. Mol. Messer, D.B. (Colonial

Treasurer).

THE HONGKONG DAILY PRESS, FRIDAY, SEPTEMBER 31ST, 1923.

PRISON ORDINANCE AMENDMENT DILL- The ATTORNEY-GENERAL formally moved the second, reading of the Bill intituled nu online to amend the Prison Ordi nance 1899.

LEGISLATIVE | Bill is divided into three parts. The first on the English-regulations and I think FRAUDULENT TRANSVERS OF BUSINESSES.

part contains the list of offensive trules,ļit is an advantage-though the drafting !

HIS EXCELLENTYe" With the approval. which is at prestat contained in the by- is not always what it Bight be to have [ of the Counsel, it is proposed to defer, Lawx; the second part provides, that the our regulations in the same forme as the again the second, reading of the Bill term "offensive tradu " shall include any | English regulations. The Hill is largely intituled an ordinance to prevent certain trade, business or manufacture which is Isased on the English Acts; but there are fealulent transfers of businesses. carried ou in such a way as to be dan- certain provisions which have been adapt, i germus or injurious to the healthy at the ed from local Ordinances. The general persons engaged in it, or ta he danger-intention of the Ordinance and regula. ous or injurious to the health of persons tions is that no one shall manufacture, residing in the neighbourhood: 'And the import, export, supply, or possess any third part; is "any other nexións, offer of the drugs to which the Orliance sive, Boisane, or unhealthy traie, busi-applies without some"authority under the Orbance. Transît cargo-cargo which gess or inanufacture, whatsoever.",

passes through the Colony on one ship without any transhipment-will not be subject to the Ordinance, provided that | which brings it in cutes straight into the out of the harbour, away from the Colony altogether. Clauses provides that no person is to send by post, "except house, any drug to which the Ordinance applies, and it gives the Postmaster General power tu detain and open any pareel suspecteil of containing day drug or anything that would be evidence of

us offence under this Ordinance.

Clause 4 deal with the power of the floard to make by-laws with regard to

Hon. Mr. E. R. HALLAPAx, C. B. E. (Secrs, offensive trades The new form of the it is fully reported and that the ship

tary for Chinese Affairs).

Education).

Hon. Mr. I. T... CHEASY (Director

Public Works).

Hon. Mr. H. E. Pourock, K.C.

The COLONIAL Secretary seconded, and the motion was agreed to,

The Council resolved itself into Com- mittee to consider the Ball clause by elatise. No amendments were made, and Comeil resuming the Bill was rend a third time and passer into law necord- ingly,

,,

PUBLIC PLACES BENULATION ORDINANCE. The ATTORNEY-GENERAL moved the Ordinance to amend the Public Places Regulation Ordinance, 1870, and to repent the Queen's Recreation Ground Orli nauce, 1895, and the Recreation Grounds Ordinance, 1000.

paragraph to be inserted in svetio Is is Hon. Mr. E. A. TING (Director intended to make it clear that the Board barbour and when it leaves goes simight second reading of the Bill intituled an

can prohibit the carrying on of any offen

tracle without a license at that of licenses are revorakir. Conditions of course, may change as time goes on and a lorality which may be suitably at"one period for carrying on an offensive trade mag becouse maitable. An alteration in the definition made by clanse will hive the effect of giving the Boaril power to make by-laws, if necessary, aimed at the paeservation of the health of persons Mr. 8. B. B. MEELDERRY (Clerk of engaged in the trade as well as of per

Councils),

Hon. Mr. P. H. latvoix.

Hon. Mr. B. H. KOTWALL

Hon. Mr. CHA SIDI

Hou. Mr. A. O. Lasa.

Tan. Mr. A. H. Lows

MINUTES.

FINANCE.

The COLONIAL SEverTarvi by counmand of H.F. the Governor Said upon the table, Financial Minutes Nos. 78 to 50, and moved that they be referred to the Finance Committee.

The COLONIAL TRɛasvasz seronded, asit the notion was agreed to..

The COLONIAL SECUTARY, by command of 11.8. the Governor, laid upon the table the report of the Finance Com- mittre (No. 1) and moved that it be approved,

ORDINANCE.

i

|

The COLONIAL SECRETARY 9ccumleil, and the motion was agreed to

The Bill having passed through the Committee stage without amendment,

The ATTORNEY-GENERAL O Council resuming, moved the third reading of the Bill

The COLONIAL SECRETARY seconded, and the Bill was duly passed into law.

THE CHINESE RECREATION GROUND. The ATTORNEY-GENERAL moved the second reading of the Bill intituled an Ordinace to provide for the manage ment of the area known as the Chinese Recreation Ground and the expenditure of the revenue derived therefrom, and to repeat the Recreation Grounds (Amend- ment) Ordinance, 1914, and the Recrea tion Grounde Amendment Ordinance,

19:22.

"

The COLONIAL SECRETARY seconded, and the motion was agreed to.

The Hill passed through the Committee stage without amendment and on the Council resuining it was read a third time and passed into law.

THE ADJOURNMENT.

FINANCE COMMITTEE.: ·

A meeting of the Finance Committee

the was afterwards held,

COLONIAL SECRETARY 'presiding.

The Governor recommended the Cour cil to vote a sum of 8200 id aid of the vote Colonial Secretary's Office, Specia Expenditure, Document Presses.

The CHAIRMAN: The Pullic Works Department have removed from the floor of the Colonial Secretariat to the new building opposite, and these document presses are needed for the increasing umber of records in the Colonial Secre- tary's Department.

Approved.

."

TYPROON DAMAGE ON THE RAILWAY, The Governor recommended the Coun-

The CHAMAN: This vote conta ́as a

The penalties are severe. The penalty for an offence tried by the Magistrate is an imprisonment for twelve $3.500 sous not engaged in the trade. Clause 8 months, and on conviction on indictment- provides that an offensive trade carried the convicted prisoner is liable to a fine on without a license is a nuisance. The of $10,000 and imprisonment for any These The minutes of the last meeting of the present paragraph makes every offensive term not exceeding ten years.

trade a nuisane, even though carried off prunities are high, but I think they are Coniseil were approved and signed.

with a license, which, of course, is nut) bure too high. correet.

Certain alterations have been made in Clause of the Bill lents with that part of action 16 of the principal the Bill since it was published in the Ordinance which relates to the by-law-| Gazette.. I think I ought to refer shortly making power of the Board with regard to to them and point out where they necur the importation of cattle, swine, sheep fu clause 2 a definition has been inserted und goats. The proposed new paragraph of the word person," in order to make extends this by-law-making power to the that term include "firm," so that if the ense of horses and other equine animals only evidente, for example, of the posses The main object of the amendment is to sion of dangerous drugs, is evidence nequire power to take steps to prevent against a firm, it would be possible to the introduction of "glanders into the procred against the firm and impose a Colony. It abe gives the Board some, fine on the firm. Cases of that kiml do wider powers than at present with regard occur, sometimes, where it is not pus to the examination al segregation of sible to bring na offence home to nay particular individual, and that definition imported animals.

Clanse i amends the law with regard | is supplemented by sub-clause 5 of clause

II. THE GOVERNOR: The Council will to compensation for animals slaughtered which provides that where a person The COLONIAL TREASURER Sezonied, and by order of the Board. The present law convicted if an offence under the. Ordi-niljun til: this day week at 2.30. I may the motion was agreed to.

is defective in two respects. "It applies nance is a fun, every partner in the firm say I hope the Estimates for next year will be ready for the week after that.” We only to cattle, and not to animals gener- and every person concerned in the man, STATUTE LAWS (PRODE AND PRESERVATION)

ally, and gives no power to withhold agement of the firm shall he guilty of want to get all minor matters out of the

pensation for animals imported in a the like offenen unless he proves that the way first. The" ATTORNEY-General moved the first diseased or infected condition. The pro-Act or omission constituting the offence reading of a Bill intituled An Ouliannes visions now proposed to be inserted in occurred without his knowledge or con. to provide for the preservation of certain

the Ordinance are based on the English sent. That. I think, will not be any portions of the Statute Laws (New Re- Diseases of Animals Act, 1860. They burden on innocent persons and will be vised Edition) Ordinance, 1911. He said: make the amount of compensation: depend very useful in the ease of guilty persons. The Ordinance which was passed Inst

on the nature of the disease and give There is an unimportant addition made week provided for the publication of n power to withhold compensation if the at the end of sul-clauso 2 of clumse 2. new edition of the Ordinances, and re-owner has been guilty of an offence in providing that the certificate referred to pealed Ordinance No. 19 of 1911, which connection with the importation of the in that clause shall be admitted in evi provided for the publication of the instanimal, and provide as a rule that no dence on production hy the Superinten revised edition of the Ordinances-the compensation shall be paid for any animal dent. Sub-clause 1 of clause 3 has been one at present in use. Most of the pro- which was imported in an infectious con- altered in order to retain the prohibition visions of that 'Ordinuice are, of course,dition.

against importation and exportation. It now spent, hut there are some provisions Clause 14 deals with the sections of the provides now that not only shall it be which require to be preserved, either principal Ordinance relating to remeteries an offence to import or export any drug permanently or temporarily, and they are exhumation. They nimend and re-to which the Ordinance applies, at it preserved in this Bill The permanent rast the present sections; no very serious shall be also an offence to do any act provisions are those dealt with in clause changes are made but a certain amount preparatory to or for the purpose of im 3. which refers to the questions of the of unnecessary verbiage is eliminated.rting or exporting any such drug. That proving of Ordinances, and searches, in Urn cemeteries, which do exist, at rettengit to enteh preparatory pets is the original Ordinner, matters which cognised for the first time, the list of insed on the definition of the word excil to vote a sum of $15,000, on account schlem occur. The temporary provisions authorised cemeteries is revised, and at in the present Opium Ordinance of of Kowloon-Canton Railway, Special Ex- are contained in clause 1. The main pri sub-list is added of authorised cemeteries 1914, and is intended to prevent any penditure, Typhoon of 18th August, 1923. vision therein is one which provides that, which have been closed.. The Governor possible discussion as to whether the in the intermediate period between the is given power to remove a body from particular nets: which have been proved grunt variety of items. The main one is coming into force of the Ordinance passed any grave in any place, for public pur- against a defendant have gone sufficiently $7,000 odd for the reconstruction of the Inst work and the coming into operation poses. I have given a case in the Off fur to amount to an attempt in law. pier at Taip. The whole of the wood- of the new revised edition now being jevts and Reasons" where that power The law on the subject of "attempt is work was taken off. Many roofs were prepated, what I gy call Mr. Alabaa may be very useful. The Hend of the rather technical and this prohibition 'of

more or less damaged: ii niost cases the ter's edition will continue to be the sole Sanitary Department is given authority preparatory nets will no doubt get some roofs were of French tiles which, however, and proper Statute Book of the Colony. to move any holy, or the remains of any cases which the prohibition of attempts stood the typhoon remarkably well. They The COLOSTAL SECRETARY Recomied, and body, if buried of deposited without per proper would not enteh. Paragraph (d) have the great advantage that they enn the first reading of the Bill was carried. mission elsewhere than in a cemetery, of sub-clause 4 of clause 3 is new, zas

be repaired from within and require no The Governor is given power to issue a also are the words at the end of para: scaffolding of mortar. These were all maius from a place other than an author that transit cagay may be free from the One of the old stores buildings at permit for the reinoval of a body or graph (c). They provide that, in order repaired within two days of the typhoon. sed cemetery, even though the actual restrictions of the Ordinance, the ship Blackhead's" collapsed, a motor trolley legal person, representing the next of when it leaves the harbour of Victorin shed was destroyed and 13 signal arts kin, cannot be ascertained. At present must go direct out of the Colony, That' there is no power to do that. The other is to prevent any possible case of a ship Practically the whole of the fencing from were either torn off, or bent double.

Bill are more or less formal or not of outside the harbour so that they may be (to quote a report) resulted on Saturday Amendments proposed to be made by the hanging about to dump dangerous drugs Kowloon to Hunghom, went down which very great importance. to not think picked up by persons in league with the aftenon, in the entire adult population fed refer to them at this stage. 1 smugglers here. Paragraph (s) of the of Hunghom, and most of the children, her to move the first reading:

same sub-clause has been slightly altered awarning in to collect wreckage coming so as to require the report to be in writ ashore and incidentally to clean up the ing and to be made at the Central Police P.W.J. athing sheds and bamboo Station, and not at any Police Station, fencing, of which not so much as a palm if the Superintendent's office is closed.

leaf is left."*. There were minör damages, There are some unimportant alterations and at Hunghom the quarters were badly The COLONIAL Secretary seconded, and reading of a Bill intituled An Ordinance to clauses 4, 5, 6 and 7. A new sul-clause unroofed. The total outlay is $15.000 the first reading of the Bill was agreed to. to regulate the importation, exportation, has been added to clase 9, which pers PUBLIC HEALTH AND BUILDINGS ORDINANCE. Hanufacture, sale, nu use of dangerous bans is the most important change made drugs. He said: This Bill is intended to since the Bill was printed and published The ATTORNEY-GENERAL moved the first give effect to the International Opim in the Gazette, That clause provides that reading of a Bill intituled An Ordinance Convention which was signed at The every person who is proved to have in do and farther the Public Health and Hague on the 3rd January, 1912. That is possession or under his control any Buildings Ordinates, 1903. He said: This Convention dealt both with opitun and document of title, such as a bill of lading, Bill deals only with the public health part other drugs. Forty States took part in relating to anything whatsoever contain of the Public Health and Buildings Ordi- the Conference and the Convention was any drug to which this Ordinance hange, and I think the unendinouts which signed by all hat two Serbia and Tar-applies shall, until the contrary is proveil. it inakses, though desirable, are not very key did not sign. The great war occurrede deemed, to have been in possession contentious and not of great importance. before the Convention Ind been fully of "such drug and to have known the The frat group of amendments is dealt atifed. Germany was one of the nations nature, of high drng. That is intended with in clauses, 2, 4 and 8, whith all deal which did not ratify it, so it did not to deal with the ease, where drugs are with the, qucation of offensive trades. come into for before the war. Clause amends the definition of "offen Treaty of Verailles, by Article 295, pre- description. It hupens, sometimes that The brought into the Colony under false sive trade clause enlarges the by vided that the Convention should be rati-n cargo may he described, for example Jawshaking power with regard to offence and that the contracting Powers sign sardines, and when the case is opened, "sive trades; and clause 8 deals with the ing that Treaty should enact leristation the top layer does consist of tis o

question when an offensive trade is n

to entry out the Convention. This Billardines, but the lower Layers consist of nuisance within the meaning of the Ordi- is based on the English Dangerous Drugs tins of heroin and confue. This clause Ant, 1920, and the English Amendment simply throws ou the person holding the First of all, with regard to the defini Act of 1923, so far as these Acts relate domments of title the onus of proving tion: the present definition, emunerates to dangerous drugs. The question of that he did not know that the package the train service not running properly, six particular offensive trades and then opium is being dealt with separately. contained, the drug, and did not know and of course the running has been inter adds a general clause, any other noxi- We already have considerable control in the ixture of the drug. "I do not think rupted during a considerable part of this ous or offensive trade or business or the case of opium, a Bill is being drafted that will throw any undue onus on innn-year. However, I think it would he very manufacture.The by-laws made under to consolidate and amend the law relat-cent persons. Clause 10 is new. It is foolish to abandon our ecetion in any the Ordinance contain a much longer listing to opium, and the new Bill will give based on a somewhat similar provision in way. We must keep it un-to-date. of offensive trades, and it seems desir still greater powers with regard to opium, the Opium Ordinance, and provides that able that, the Ordinance and the regula This Bill relates to dangerous drugs other certifiente signed by the Superintendent tions should formally agree in the list of than opium.ja particular offensive trades given. A The delay in carrying out the terms of greater objection to the definition in the the Treaty of Versailles and applying the

TOWEL FOR THE FIRE BRIGADE.. present Ordinance is that it contains no Convention may seem long, but we had

The Governor, recommended the Coun- "indication that the offensiveness of an considerable powers already and the trade value.

cil to vote a aum of 82,000 on account of offensive trade may be connecter! with the | was not unregulated. · No doubt, however. 1 can only hope that this Bill will help the vote Public Works, Extraordinary, health of the persons engaged in the we require much wider powers. A good to check to sunm extent the trade in Kowloon. Buildings, Tower on Railway trade. The suggestion rather is that the deal of the practical legislation occurs in dangerous drugs. I beg to move the first ground for the Fire Brigade. trado is offensive, only an regards persons, the regulations, a draft of which was reading.

The CHAIRMAN: This is a small tower. outside and not as regards workers in the nublished with this Bill These regule The COLONIAL SECRETARY seconded, axud | för drying hose and for drill practice. trade. The definition proposed by the tions are based, almost word for word, the Bill was read a first time.

Approved.

FIRE BRIGADE ORDINANCE

.

The Attorney-GENERAL moved the first reading of a Bill inttaled An Online to regulate the Fire Brigade. He said The present Ordinance, which was passed in 1866, contemplated a voluntary, though not necessarily up, forre. It also contained eritain inconsistencies and unnecessary repetitions. The, force has now been reorganised and is a whalestine force, hnd some of the ternus used in con- nection with the force have been changed, This Bill in practically a formal one; it is intended to make, the law agree with the present conditions of the Fire Brigade.

nice

*1

The COLONIAL SECRETARY scended, the Bill was real a first time.

DANGEROUS DRUGS URDINADOR".

A

The ATTORNEY-GENERAL.Moved the first

as to the character quantity or market value of any drug to which this Ordi- nance applies shall be conclusive evidence as to such character, quantity or market

The Hon. 3. Ap. Q. Láng: This rail- way is becoming a very expensive item.

course it is mainly due to the trouble The CHAIRMAN : * am afraid it is of

over the border.

money into it, now,

The Hon. Mr. LANG: We are pouring

If

it efficient in the hope that some day the The CHAIRMAN : Yes, we have to keep

Chibose section will' also 'bé efficient. we could run right through it would be very much better.

weeks ago that we voted a sum for more The Hon. Mr. Laxe: It is only a few

could not maintain their proportion. I wagons, because the Chinese section hope some arrangement has been made whereby later ontwe may recover some of this from the Chinese,

hold, out much hope of that. We have a The CHAIRMAN: I am afraid I ennnet very large clain maturing against them already. They are under liabilities for

The Hon. Mr. LANG: We cannot very well abandon it now.

די

1

The vote was approved.

CHIVER'S FRUITS

ARE

ALWAYS IN

SEASON,

ALWAYS IN DEMAND,

AND

ALWAYS IN FAVOUR.

ENGLISH DAMSONS

in Syrup

$0.70

.80

1.60

1.65

1.20

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BLACK CURRANTS,,

RASPBERRIES

STRAWBERRIES

LANE, CRAWFORD,

LTD.

No. 1 EXTRA FINE OLD' BRANDY,

THE "SHARK BRANDY.

Per bottle, including duty

$ 2.00

1.25

qts.

24.00

case.

Bottled by Boutillier, Delauriere & Co.

LANE, CRAWFORD, LTD.

STOCKTAKING SALE.

FOR ONE WEEK ONLY. COMMENCING 21st SEPT:

COLUMBIA GRAFONLAS

20% DISCOUNT FOR CASH. COLUMBIA RECORDS

10 en BLUE" LABEL AND DANCE SERIES

$1.00. Each.

12 INCH BLUE LABEL AND SYMPHONY SERTES

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GENTLEMEN'S TAILORS

(Hongkong Hotel Buildings).

A GENTLEMAN

Itd.

has been describes as ONE WHO PUTS MORE INTO LIFE than HE TAKES OUT OF IT.

Our Tailoring Ideals are to put more foto Clothes than the Price entitles the Wearer to expect. That is why, judged by the most critical, our TAILORING is found to lead in QUALITY and WORKMANSHIP,

NEW AUTUMN STYLES

NOW SHOWING.",

PRICES ROM $55.

SATISFACTION GUARANTEED.