1923-12-14 — Page 4

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HONGKONG.

HONGKONG LEGISLATIVE THE LAW RELATING TO OPIUM.

COUNCIL.

A meeting of the Hongkong Legislativo Council was held in the Council Chamber yesterday. There were present:

HIS EXCELLENCY THE GOVERNOR (Sir

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

(Colonial Secretary).

How Sir CLAUD SEVER, K.B.E, C.M.CG Hon. Mr. J. H. Keur, K.C., C.B.E. Hon. Mr. Mcf. Masssa. O.B.E. (Colonial

Treasurer)...

(Attorney-General).

Hon. Mr. E. R. HALLITAN, C.B.E. (Secre

tary for Chiness Affairs)."

consolidation.

The third aineachment is dealt with int In the case of launch hands and inter- preters they are sworn in at present, hat Clause 3 and provides that amongst the without any statutory authority, and the charges which must be registered in the Captain Superintendent of Police believes office of the Registrar of Companies will that the taking of an oath has au ap be included, in future, a mortgage or a preciable moral effect. Then the Bill rechargo upon any ship, lighter or lunch cognises another practice which is at owned by the company. It is obviously

THE INTERPRETATION ORDI *NANCE.

The ATTORNEY-GENERAL moved the first reading of a Bill intituled An Ordinance to amend and consolidate the Law re lating to Opium. He said: This Bill is a long and rather formidable looking one, but, of course, a great deal of it is merely

I think that it will be prescut in force without statutory author desirable that any charge of that kind HIS EXCELLENCY THE GENERAL OFFICE enough if I state very shortly what the ity: that is the engagement for definite, exeated by a company should be regis

COMMANDING. THE TROOPS (Major-| General Sir Joas FOWLER, K.C.M.G.,chief changes are which are made in the terms of interpreters, Lunch hands and terexl in some place where, on search, the C.B.; D.S.O.). -------

law by this Bill. In the best place all telephone operators. It also provides for public muy ascertain the fact of the The COLONIAL SECRETAET Secondled, the provisions relating to the existence of an the engagement of police on probation. elsarge. I beg to move the first rending. entrepot trade in raw opium in HongThat is also done now without statutory kong are swept away. In future, if this authority. It provides also for the re-motion was carried and the Bill was read Bill becomes law, the only case in which engagement for short terms of police of a first time.. the importation of raw opium will be legal cers who are approaching their retiring will be the case of opivin on through bills age; that is to enable them to retire at of lading destined to other places which that age if they so desire. That is now allow the importation of raw opium-the done without statutory authority, and reading of a Bill intituled An Orilinance to amend the Interpretation Ordinance, raw opium in bond for the Maeag opium possibly against statutory authority. The farm and the raw opium for the Super magisterial penalties for breach of daty 11. He said: None of the amendments intendent-the two classes-of raw opium which at present apply only to the Palico

Force proper are extended by the Bill proposed by this Bill is of any great or on à through hill of lading for a country

to launch hands they are called in the urgent importance, but it is desirable that they should he made now because which allows importation, and the che Bill members of the crew," which of the revision of the Ordinances which of raw opium for Macao-are dealt with slide deck bands and engine roomt bands

is now in course of being carried ont Mr. A. G. M. FLETCHER, C.M.G., C.B.E. in clause 4 of the Bill and very stringent of police launches and motor boats.

(Clerk of Councils).

conditions have to be observed, other-

The disciplinary powers of the officers Clause is intended to minke it quite " of the Police Force are extended by the clear that any powers given by an ordi- nance for of making regulations, or doing- Bill to the whole of the civilian staff. That includes launch hands and also suck other acts, may be exercised at any time between the passing of the ordinance and persons as telephone operators and police its coming into operation The prescat interpreters and clerks. The disciplinary section is a little ambiguous and might punishments that can be imposed by no

A

Hoi. Mr. E. A. IRVING (Director

at

Hon. Mr. H. T. Cay (Director

of

Education).

Public Works).

Hon. Mr. H. E POLLOCK, EC.

Hon. Mr. Cuor Suat-sox.

Hon. Mr. A. E. Lowe

Hon. Mr. R. H. KOTZWALL...

JBEXT

Ilon. Mr. P. H. HOLYOAK.

MINUTSA.

wise the importation will be illegal. For example, the arrival and departure of the opium must be reported fully to the The minutes of the last meeting of the Superintendent. With regard to opium Council were approved and signed.

a through bill of lading passing through the Colony, there is one parti

PAPERS.

on

The ATTORNEY GENERAL Moved the first

The COLONIAL SECRETARY by commandeular provision, which is of considerable officer of the Force are codified in clanso / possibly he considered as meaning that of H.E. The Governor, laid on the table importance, contained in paragraph (f)] 12. In clause 13, the power of the Gover, that power extends only to nuts strictly

the following papers, which had been' published in the Guermont Gazette: since the last meeting of the Council:-

Order under the Rope Company's Tramway Ordinance, 1901, on 18th October, 1923. Regulations under the Peak Tramway Ordinance, 1983 on 19th October,

19:23. Regulations under the Public Places Regulation Ordinance, 1870, on 15th

October. 10

of sub-section of action 4, which pro- vides that this opium must be accom panied by a certificate in the form set out in the first schedule. That certificate is based on a ferm recotunended by the Opin Section of the League of Nations Advisory Committee and is a certificate to bo given by the country of destination stating that the importation of the parti- cular shipment in question into the

nor to dismiss is extended to members necessary to bring the Ordinance into of the civilian staff. Clause 1 gives operation. It is convenient to have the power to give rewards to launch hands power to make regulations, which, of and interpreters as well as to members course, cannot come into force until the of the Force proper and gives power to Ordinance itself comes into forec. Clause award medals and badges to launch 3 and Clause 4 deal with what I may call

purely revision points-they are amend hands.

Section 31, of the, principal Ordinance meats necessary, on account of the re- vision of the ordinances. Clause 5 pro- makes it an offence to assault police offides that, if the accused is charged with vers acting in the excention of their

:

Order under the Post Office Ordinance, country will be allowed. That certificate duty. Clause 16 of the Bill extends that possession of a thing and the offence is

1900, on 18th October, 1923.. Two Orders under the Public Health and Buildings Ordinance, 1903, on 25th October, 1923. Two Orders under the New Territories Regulation Ordinance, 1010, on 25th October, 1923. Rule under the New Territories Re-

gulation Ordinance, 1910, on 25th! October, 1923, Regulation under the Ferrics Ordin-

ance, 1917, or 1st November, 1923. Regulation under the Stamp Ordinance,

1921, on 13th November, 1923. Regulations under the Public Places; Regulation Ordinance, 1870, on 22nd November, 1023. Order under the Rents Ordinance,

1922, on 6th December, 1993.

έ,

FLYANCE.

The COLONIAL SECRETARY, by command of H.E. The Governor, laid on the table Financial Minutes Nos. 59 to 107, and moved that they be referred to the Fin. ance Committee.

The COLONIAL TREASURER seconded, and

the motion was agreed to.

must accompany the opium-on the ship to assaults on members of the crew, possession without inwful authority or and must be produced to the Superin Clause 20 provides that the civilian staff excuse, the onus of proving lawful author- tendeat. Apart from the three cases in is to be subjected to the general pensionity or excuse shall lie on the -person which raw opium may be imported, all minute, and not to the police pension charged. That is the only new point im dealings of any kind in raw opium are regulations. Clauses and 23 are, I the section. Clause' & contains a defini- prohibited absolutely. Of course, deal- think, important alterations in the law. tion of the Colony which is intended to ings in prepared opium are also abaclute. Clause 20 gives a general power of make it clear that the term "Colony" ty prohibited, except dealings by or under search, arrest and detention similar to includes the waters of the Colony" the authority of the Superintendent. the particular power given recently in unless, of course, sonte contrary intention Another new provision in the Bill is the Arms Ordinance. Clause 23 gives is shown to be necessary by the context. Clause 7, again, deals with purely, re- that contained in clause 23 which provides power to take finger prints of any person that no opium is to be sent by post, and who may be lawfully in custody At pre-vision points. I beg to move the Grat that the Postmaster-General has power sent there is no very clear authority for reading, to open and detain any postal article taking finger prints, though it is arguable which he suspects may contain opism or that under the gaol regulations finger which he suspects may contain evidence prints of prisoners in the gaol may

of some offence against this Ordinance. taken. The clause makes it clear that That applies to any postal article what any person in custody may have his in ever be its destination and whatever be ger prints taken, and it is an offence to its origin. Then the powers of search obstruct the taking of finger prints. The sequential or minor. I beg to move the The COLONIAL SECRETARY seconded and the Bill was read a first time.

The COLONIAL SECRETARY seconded, the notion was carried and the Bill was read

first time.

PASSPORTS

ORDINANCE.

The ATTORNEY-GENERAL Moved the first

reading of a Bill intituled An Ordinance to regulate the Admission of persons into

The COLONIAL SECRETARY, by command on suspicion, as distinct from the general other amendments, Sir, are, I think, con the Colony of Hongkong. He said: This

of H. E. The Governer, also laid on the table the Report of the Finance Com- mittee, No. 13 and moved that it be adopted.

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

BY-LIX'S TELATING TO (MPORTATION OF ANIMALS.

The COLONIAL SECRETARY, by command

search which takes place on steamer wharves and elsewhere, have been very first reading. much increased and widened. That is contained in clause 1 of the Bill, which gives power to seize, remove and detain anything which appears to contain evi- dence of any offence, against the Ordin-

FOREST OFFICERS: ORDINANCE

Bill is intended to carry out what is now the very general policy throughout the world of requiring passports or some of cial evidence of identity, from persons entering the territory of a state.

The

The ATTORNEY-GENERAL moved the Erst. Bill is a skeleton Bill in order to enable reading of a Bill intituled An Ordinance regulations to be made or altered from of E. The Governor, laid on the table!ance, The officers who have that power to confer certain powers of arrest oa

time to time as circumstances require new bye-laws relating to the importation of search will be selected by the Super- forest officers. He said: This Bill pro- and landing of animals and the mitigation intendent under the power conferred by poses to give forest officers which in Clause 2 gives power to make regula

cludes the officers and the heads and the tions. Clause 3 gives the power" of and prevention of disease among animals sub-clauses 1 and 4 of that clause.

Sub-clause 3 of clause 30 is also new, assistant heads of the Botanical and arrest or search: Clause 4 provides for And moved that they be adopted.

The ATTORNEY-GENERAL. seconded the though a similar provision appears in Forestry Department-power of arrest for

It certain offences specified in the Schedules certain presumptions if all the facts re- motion which was agreed to.

the Dangerous Drugs Ordinance. provides that any person who is proved These offences relate chiefly to the steal-ferred to in the Clause are matters pecu- to have had in his possession or under ing and damaging of trees and other

Clause 5 is the penalty clause his control anything whatsoever contain plants, and it is made an offence to a liarly within the knowledge of the c- ing any opium shall, until the contrary sault or resist or obstruct any forest cused.

4

THE HOLIDAYS ORDINANCE. The ATTORNEY GENERAL moved the first reading of a Bill intituled An Ordinance to amend the Holidays Ordinance, 1912, is provided, be deemed to have been in officer in the execution of his duties. The regulations are contained in a sche

In accord. That is an offence at present, but I He said: The main object of this Bill possession of such opium." is that which is intended to be effected ance with the policy of the English think the provision occurs more conveni ule of the Bill. Regulation 1 provides by clause 3. That clnuse proposes to add Dangerous Drugs Acts, it has been made ently in this Ordinance than where it is that no person is to enter the Colony a new section-section 8-to "the prit an offence to do any act in aid of and at present in the Magistrate's Ordinance. the words "by land, air or sca" have The COLONIAL SECRETARY seconded, the been accidentally omitted-unless he has. cipal Ordinance. The section deals with contemplation of any transaction outside the issuing, serving and execution of cer- the Colony which will be an offence motion was carried and the Bill was read either a passport or some other official document establishing his nationality Process in the against the corresponding law of that ordinary civil actions is excepted and will place.

THE COMPANIES ORDINANCE. and identity which has been subsequently still be dealt with by the Code of Civil: Sub-clauses 3 and 4 of clause 28 deal.

The ATTORNEY-GENERAL moved the first approved by the Captain Superintendent Procedure. Accordingly, this section with the case of conviction of a company deals mainly, though not entirely, with or firm of an offence under this Ordin-reading of a Bill intituled An Ordinance of Police. That second part of the res criminal procedure. There is some doubt ance. In the case of conviction of a to amend the Companies Ordinance, at present in the case of some forms of company the directors and other officers 1911. He said: This Bill proposes to gulation is intended to refer to a docu the Comment which, I understand, is sometimes criminal process whether they can be are also guilty of the same offence. In make threo amendments in executed on Sundays and other holidays, the case of conviction of a firm, every panies Ordinance: The first one which issued in some foreign countries. It is" It seems obvious that if there is power partner and every person concerned in is dealt with by Clanse 2-is explained,

tuin kinds of process.

a first time.”

·

to serve a summons, or execute a war- the management is also to me deemed I think, fairly fully in the Objects and not a passport in the full sense of the· rant, that it should be possible to do guilty of the same offence unless it is Reasons. I would only like to say in word, but it is a card or a card of iden- that act on a holiday as well as on an proved that the net occurred without his addition to what appears there, that this tity, or an identity book, and this regala- ordinary week-day, otherwise a suspected knowledge and consent. A novel feature is a relieving, amendment; it does not criminal would have the whole Colony as is the collection of all the penalties in impose any fresh burden: it is in- tion is intended to give power to accept refere companies of a that if the document produced is ap- his sanctuary on every holiday. This the form in which they now appear in tended to section cleurs up a doubt as to whether clause 30. I think that will be more coa possible burden which very strict proved by the Captain Superintendent of... these particular forms of criminal pro- venient than if they are scattered over interpretation of Section-64 (2) might

4

cess may or may not be executed on prious sections of the Ordinance. There be supposed to impose upon them. It Police. Regulation lays down the re- Sundays or other holidays. It also pro- are also several minor amendments which is intended to make it clear that when quirements of a valid passport. Regula- rides that where there is power to arrest tend to make the law more watertight, a company uses an unofficial name, ation 3 requires any person having a pass or search, on making a seizure, that to which it is unnecessary to refer 1 kind of nickname, like Evo one, the port or other document of identity of

it need not append to that name power may be exercised on holidays as beg to move the first reading well as

on ordinary week days. The The COLONIAL SECRETARY seconded and Chinese character meaning Limited nationality to produce it on demand by

only when they use their full name or n

a police officer. Regulation gives the Ordinance gives no now power of arrest, the Bill was read a first time.

• *4•

transliteration of it or search or seizure, but merely enables THE POLICE FORCE ORDINANCE.

Clause 3 deals with the Hardship which Magistrate power to order the expulsión what is possible on ordinary days to be

The ATTORNEY-GENERAL moved the first is found to follow from a particular pro- of any person from the Colony who e done also on holidays. As the Ordinance is being acended it was thought a con reading of a Bill intituled An Ordinauce vision of the Ordinance, inserted by an venient time to bring section 3 up-to- to amend the Police Force Ordinance, amending ordinance, which provides that ters the Colony without a valid pare whom date. Section 3 contains a list of the 1000. He said: This Bill contains a great if a company fails to obtain 'n eortiffeste port, and regulation 5 contains a list of general holidays and the new list which number of amendments to the principal to commence business within one year of persons exempted persons to is substituted by clause 2 of the Bill for Ordinance, but the actual changes the its incorporation it will be struck off the the list in the present Ordinance brings law makes are not, I think, of great im register. No provision. was made for the these regulations are not to apply. I heg the list of holidays up-to-date in accord portance, though they are desirable in company being put on the register, to move the first reading,

The CotontaL SECRETARY seconded, the ance with what has been the practice in many cases because they bring the law though of course it might be a mere over recent years. I bave mentioned in para into line with what is now the existing sight which led to its being struck eff, motion was carried and the Bill was read graph of the Objects and Reasons practice. In the first place the Bill pre- and it may be desirable in the interests a first time the alterations made. I beg to move the vides for the taking of an oath or of a of creditors that the company should. be declaration by police interpretere, by put back This section merely gives the first reading?

launch hands, employed by the Police Court power to put a company back on Department, and telephone operators. the register if it is expedient.

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

Ä

"THE “ADJOURNMENT.. E the Covenxon: The Council adjourn until this day week at 2.30 p.,