RECENT RAILWAY DISASTER RECALLED.
EXPRESSION OF SYMPATHY BY H.E, THE GOVERNOR.
AT YESTERDAY'S COUNCIL MEETING..
LETTERS SENT TO THOSE WHO GAVE HELP: TIMELY ASSISTANCE FULLY APPRECIATED,
At yesterday's meeting of the Legislative Council, in addition to other business, fully reported below, H. E, the Governor took the opportunity to express the thanks of the Government to those who offered and gave help at the recent railway disaster between Tampo And Shatin.
He also took the opportunity to congratulate Mr. Walker, the Acting Manager of the Railway and his stuff for the manner in" which they have grappled with the situation.
His Excellency, speaking on behalf of the Legislative Council, expressed sympathy to the relatives and friends of those who were unfortunately killed as a result of the erash.
"At the Finner Committee mexting which followed the Legis- lative Council meeting, a very interesting discussion took place in regard to n vote of 88,384 wanted by the Government for the resumption of land at Fanling belonging, to the Royal Hong Kong Golf Club. This discussion is also fully reported below,
CONUNDRUM
BY HON. MR. BRAGA.
His Excellenuy this Governor (Sir, proved" carry William Peel, K.C.M.G., K.BE. effect. presided, and there were also pre-
Bent:-
that policy into Hon. Members will observe that. the only discrimination now pro- Ilis Excellency the General Officers is the basis of the provi. sion of water and that there are Commanding the Troops (Major only three rates which vary noord- General J. W. Sandilands, C.,ing to the amount and quality of C.M.G., D.5.0.).
17 per cont. for a supply of filtered
the water provided, the rate being
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HONG KONG DAILY PRESS, FRIDAY, MAY 8, 1931.
the owners or through the Govern ment should be refunded to the Club and that on the said lands being leused to the Club (together with the remainder of the Club's former hulding) the Clüb should pay, by way of additional Crown Rent, interest at the rate of 4 per cent, per annum on the moneys so expended.
The amount required to De re imbursed to the Club is 88,324, which amount is now naked for, but against this sum the Government will receive as Revenue from the
Rent Not Nominal. The Chairman: I do not think I think it is a it is nominal regular Crown rent, which anybody would pay.
Hon. Mr. Braga.--If that be 50. then I take it there are, or should br, certain building covenants at- taching to the lease with the Golf Club. Is there any such building
avenant?
The Chairman.-I cannot answer that question of-hand, Mr. Braga. This land is rural land. Perhaps Mr. Creasy enn tell us."
Hon. Mr. Creany: It is not leas
THE HARBOUR IN 1930.
94,000 SHIPS AND 40 MILLION TONS.
The Harbour Master's Report for the year 1930 shown, that the total shipping entering and learing ports in the Colony during the year 1930 amounted to 91,000 vessels of 40,100,012 tons, which compared with the figures of 1030 shows a decrease of 200,-187 vessels and a
Club a sum of 81,327 owing fore with a building covenant; it decrease of 4,093,560 tons,.
arrears of rent 'for nrens eenpied by, but not yet lensod to the Clah.
HON, MR, BRAGA.
an annual premium. The Chairman: I do not think anybody would take it for building
im an annual tonure.
Hon. Mr. Braga snid: 1 secun Hon. Mr. Braga: In other words that there is an important pris- th inherency of the privileges at eiple involved in this item. Thore taching to Hong Kong Golf Club niny be very good reasons why this could not be 'mado effective in the Committee should be asked to vote case of trespass by any member the sum of $8,324. So far as 1. of the parlic who is not a member van make out from, the explana of the Golf Club. Supposing a tions accompanying this item, it resident of Hong Kong, who does looks very much as if the Govern- not happen to be a member of ent is making a tonu of 88,323 the Golf Club, trespasses on the to the Royal Hong Kong Golf grounds of the Golf Club, would Club Why this should be so we that member of the public be en- are not told in the printed explana- tited to eross the ground which Lion, which is more or less obscure, are, nominally, to lead to the What I would like to know is this: Golf Club, or would he be prosecut As a matter of principle, will theed before a Magistrate for trespass Government afford similar necom- odation to other clubs in the Colony for facilities which, appar ently, have been granted to the Golf Club I have no complaint against this club as a club; but
The Chairman I am not pre- pared to answer that question vor any legal conundrums.
A Conundrum,
,
Hon Mr. Braga: It is not such a conundrum as it appears. It is a very practical point because, if the Golf Club has Government ns- sistance, I should like to son the
interests and rights of the public at large fully protected. If & mem-
would like to point out that it is an exclusive club, the member. ship of which is composed, for the must part, of peuple in the Colons woll able to afford to provide for themselves with all necessary ameni ties for recreational purposes and with are in circumstances enablinger of the public wore to trespass them to look after their own affairs the grounds of the Golf Club and were to be hauled before n then I say that this vote is
Of the above 40,000 vessels of 38,311,030 tons, were engaged in foreign trade as compared with 32,571 vessels of 39,571,140 tons, in 1920.
There was a decrease in British ocean-going shipping of 13 ships, nad nn increase of 206,153 tons.
Foreign ocean-going vessels show 4 decrease of 00 ships and an in- crease of 239,013 tons.
British river steamers show a de- crease of 183 ships and a decrease of 240,386 tons.
Foreign river steamers show an inercase of 608 ships and an in- crease of 921,845 tona.
In steamships not exceeding Go tons employed in foreign trade there is a decrease of 1,108 ships with a decrease in tonnago of 0,689 tons.
Junks in foreign "trade show n decrease of 2,287 vessels, and t. de crease of 401,330 tons.
In local trade (ie, between places within the waters of the Colony) there is a decrease in steam- launches of 190,342 vessels and a decrease in tonnage of 4,753,085 tons.
This is enused by the exclusion of ferrics plying between Hong Kong, Yaumati, Mongkok and Shum
Sui Po.
water, 16 per cunt, for a supply of without the pecuniary aid of the Magistr wrong, and that we decrease of 2,287 vessels, and a de-
The Colonial Secretary (Hon. Mr. W. T. Southorn, C.M.G)."
unaltered water and 16 per cent. The Attorney General (Hon, Mr.
Alabaster, K.C., O.B.E.). where no provision, is inade for any The Secretary for Chinese Affaira supply of water from Government Water Works. As was olmoved in (Hon, Mr. A. E. Wood).
The Colonial Treasurer (Hon. the speech of the Acting Colonial Secretary to which I have already Mr. E. Taylor).
Hon. Mr. 1. T. Creney, C.B.E.referred, the Government feels that (Director of Public Works).
Hou. Mr. E. D. C. Wolfe, C.M.G. (Inspector General Palicu).
ratepayers. Speaking for myself, I think the Government is crent. ing a precedent which will make it very difficult for the Finance Com- mittee of the Legislative Council with perfect consistency to refuse applications from sporting clubs in the Colony seeking assistance of a like nature from the Government
any attempt to reflect by a variety percentages the provision or non-
in future. of muvision in artain localities of police patrols, street lighting, educational facilities and the like
Hon. Commaniler, G. F. Hole, R. N. Retired) (Harbour Master).
Hon. Dr. W. B. It. Moore. Hon. Sir Shouson Chow, Ki Hun, Mr. W. E. L. Shenton
is. illogical as the absence or pre- sence of such amenities is sufficient- ly reflected in the rateable value of the premises. For this reason
Hun. Mr. B. i. Kotwali,overnment feels that the raising C. M.G., LL. D.
Hou, Mr. C. G. 8. Mackie.
Hon Mr. J. P. Brago. Hon. Mr. S. W. Tso, O.B 1.1.0.
of the percentage in the case of certain outlying districts which will follow the adoption of the pre- E.,sent proposal in entirely equitable.
Hon. Mr. J. J. Paterson. Mr. N. . Smith (Duputy Clerk
of Councils).
is
His Excellency Thanks Helpers. At the outset of the meeting, Excellency said: desire to take this opportunity of publicly thank- ing most sincerely all those who gave most valuable help after the disastrous railway necident which took place on the 20th of last month between Taipo and Shatin. It was wonderful the amount of help that was offered and given and had it not been for that fact it is almost certain that there would have beca a greater loss of life. In the re- ports I have received, a number of ames ware mentioned and I have had letters sent to them expressing the thanks of this Government, but it is possible, however, that in the stress and strain of the aftermath al such a disaster a certain number of helpers might have passed un- auticed or, perhaps, their names were not known, and I should be very sorry if any of them felt that their services had not been recognis ed. 1 therefore take this cppor tunity of thanking them all.
I should also like to congratulate on this occasion the Acting Man. aper of the Railway, Mr. Walker, and his staff for the very fine way in which they grappled with the aituation. As Honourable Members may know, the great damage done to the line was not so much at che pince where the accident occurred at a place a little this side of Shatin Station, where the shark ment was completely washed away for a distance of many yards. have ind some experience of cloud- brrsts and floods on railway lines three years ago in Malaya, and 1 know well the amount of work in- volved in restoring such damage and I think that the railway stuff are to be greatly congratulated on having restored the line with such celerity and opened it again to true.
I should also like, on behalf of this Council, to offer our deepest sympathy to those who werò injur ed in the accident and also to those whose relatives and friends were, unfortunately, killed.
Unequal Assessment, The Colonial Secretary said: rise to move the resolution, stand ips ia, my name which I ask the permission of the Council to take
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It is proposed that the date to be fixed for the coming into effect of the Resolution shall be July 1,
1931,
The Motion.
**
The motion, which was duly seconded and carried, follows:---
WILD jis
Resolved by the Legislative Council that on and from the date to be fixed by His Excellency the invernor for the coming into effect of this resolution the following per- centage shall be payable as rates, namely, for any lenement assessed, 17 per cent. Provided that the said percentage shall be reduced to 16 per cent, in the case of any tene ment for the water supply of which from the Government waterworks the only provision made is a supply of unfiltered water, and shall be reduced to 15 per cent., in the case of any tenement for which no pro- vision is made for any supply of water from such waterworks. "For the purposes of this resolution pro- vision for water supply shall be deemed to be made for a tenement, although it has not connection with the Government watermaina, or waterworks, if such tenement is aituated within 200 yards from a Government watermain.
New Bills;
The following bills passed their first readings:-
"A Bill to amend the law relat- ing to Bankruptcy.'
N
Question of Interest.
Then again, there is this gues. tion of interest. I see that the rate of interest the Golf Club is called upon to pay ja 43 per cent, per an htt
We are naked practically to make a gift to this wealthy club ef 14 per cent. per annum on 88,394. I arrive at the difference of 1 per ont. in this way: The Government pays on ita Public Works Loan 0 per cent, per adnum to the bondholders. It receives nn- der the proposed arrangement with the Golf Club; 4) per cent, from fore, out of pocket on this toon 1 them. The Government is, there.
por ent. per annum which rate- payers who are non-members of the Golf Club, and therefore procluded from enjoying its privileges; are called, upon to pay for the Golf Club.
For the reasons I have stated, unless some cogent explanation is forthcoming, I shall not be able
to support the vote,
J
Chairman's Explanation, The Chairman:-1 am afraid, Mr. Bragn, that 1 cannot pledgo the future members of the Finance Committee as to what assistance they may be prepared to give to any other club. The only question before us to-dny is whether or not the Finance Committee is prepar
should not be called upon to pay this sum of 88,000 to the Golf Club or any Club. I think we have had a recent ease in the Court for tres- ass on land nominally held by a particular Club which has been considered a trespass in the legal
EDS),
I may be wrong. That is my view of the position und if the inherent right of the Golf Club excludes a member of the public, 1 most emphatically say, though ! regret it, I cannot vote for this amount.
I want to make it clear that my remarks are not directed against the Golf Club but on gen- eral principals.
Hon. Mr. Paterson: The benefit eroment, is it not? The repuși- is largely on the side of the Gov- 100 is not the Golf Club's but the Government's.
The Chairman: I am not quite It originated many years
sure. ago.
on, Mr. Brage: Whether it was the Government or the Golf Club, 1 say we are dopriving the public of their rights. The public has a prior, inherent right to cross the
Golf Clab's ground and I think the public is entitled to fall pro tretion, unless it is that the Golf Club pays a with its rights,
sum commensurate
Hon. Mr. Paleison: It seems to me the Golf Club is paying annual Clown rent; and that, therefore,
they have full rights to do exactly
Junks in local trade show n'de-
crense of 830,085. tona. Conservancy and dustboats were included in 1920 figures but have been omitted in
1030.
Revenue and Expenditure. The total revenue during the year was $1,020,741.02 as quinst 81,010,081.97 collected in the pre- vious year showing an increase of $10,670.05 or 1,05 per cent.
The expenditure excluding special
8800,810.00 expenditure against 8093,938.10 expended in of
· K increase showing 1920. 8171,877.60. This increase in prin- cipally due to lower rate of ex- change and stipulated increments.
CORRESPONDENCE.
As
[4 letters intended for publi cation must be accompanied by the aame and address of the writer, not for publication, unless so desired. but as evidence of good faith.-ED.]
A TERMINOLOGICAL INTEXACTITUDE.
SIE. Dr. Shiels repudiated the conversion suggestion that the method was tantamount to a breach of contract."
CALL A SPADE AN INSTRUMENT OF HORTICULTURE.
as they like, and members of the public, not being members of the
olf Club, havo no right on it. The Chairman: I do not quite erstand what right, Mr. Braga, you would give to the public on against.
and lensed to a private person;
do not quite understand what
ed to approve the vote of this paight you would like to reserve to ticular sum to this particular club Any future request from any other
on
ܪ̈:
public as to trespass on land
Icased to a private party.
Hon. Mr. Braga I say the Government is quite within its rights to lease any land because there is a certain amount of re- venue derived from the leasing of Crown lands and assessment, "but why should we be called upon to help the Golf Club
Hon. Mr. Braga: Which you are handing back to the Golf Club on
a nominal rental
club would have to be decided on ite merits. Now, as regards this particular item, the principle in volved is that the Golf Club has purchased certain areas of land. It proposes to hand these back to the Government receiving the anount of money, which they paid to purchase them. The advantage
The Chairman: We are not help which the Government get A Bill to amend further the this; it leases that land to the Golfing the Golf Club but getting some Merchant
Club on an annual tenancy so that thing in return. We are definitely Shipping Ordinance,
the Golf Club gives up very con-
acquiring land. 1890."
A Bill to amend the Vaccina-siderable rights in return for get |tion Ordinance, 1923."
ting an annual tenaney from the Crown. Another advantage to the Crown is that it enables the whole of the Golf Club area to be dealt with as the complete whole, sub- jeet to one two very minor items fland, instead of having various items of private land included in' the perimeter of the Golf Club. In return for these advantages to the Government and disadvantages the Golf Club, the Government did not think it was inequitable. to charge them only four and a half per cent, on the amount of money paid by the Government, to Golf Club.
"A Bill to amend the legal Practitioners Ordinance, 1871."
VOTE FOR GOLF
CLUB AREA.
LENGTHY DISCUSSION BY
FINANCE COMMITTEE.
MR. BRAGA ON RIGHTS OF PUBLIC.
A vote of $8,324 out of a total of votes approximately reaching 813,000 was the only one upon which there was any discussion by the Finance Committon which net after the Legislative Council meeting.
The vote was explained in the agenda as follows:-
the
The Chairman: It is not nomio- 1 It is ordinary Crown rent.
Hon. Mr. Braga: If it is nomin.
ni Crown ront, you vest the Golf those privileges cannot be required Club with certain privileges, and by the Golf Club to the exclusion
of the public at large.
The Chairman: Your point is not very clearly made.
+d with now.
course.
.
Hon. Mr. Brage: 1 have explain. d myself as fully as I could.
Hon, M, Shenton: There are certain rights of way over the Golf Club property which has never Hon. Mr. Braga~I appreciate veen tatorfered with and those the explanation and am thankful rights of way will not be interfer- for such a full explanation. In fact, my questions were directed
Hon. Mr. Kotowall: I see the more in the interests of the public Bumption was made for the pro- than in the interest of the limit por development of the ed numbers of the Finance Com Who pays for the development of
the course? mittev. One point I should like to
The Chairman: The Golf Club. get clear is this. Are these pri- viloges of which you speak inherent They have spent enormous sums of It will be. remembered by lion.
to the Golf Club as a Golf Club? money, Alerabers that the Acting Colonial
The Chairman: I have given Mr. In which case the tenure of the Braga as full a statement of the Secretary, when, moving a resolu.
and which is nominally one year incts as I can. In the first place tion in this Council on December
and which has to be renewed on By an arrangement with the the expiration of each year in gon-
I do not regard the rent as nominal 4. 1930, to increase the Assessment
and I regard the Government as rates, referred to the present nb Royal Hong Kong Golf Club the Fal practice, as in the ease sence of uniformity in the Agures Government resumed certain reas
many older sporting institutions in getting a distinct return for the for various localities and he in- that were essential for the proper the Colony, which are very admit money expended. timated that it was hoped to 10 development of the course auly-ran, they may be troduce in time for the quarter It was agreed between, the Govern the held in perpetuity upon the beginning on July 1 a simpler tablement and the Club that moneys ax payment of this noming mental to orates. The resolution which I pended by the Club on the nequihe Government at the end of each nn now, moving will if it is ap- sition of land either directly from year.
415 read.
Public Works Extraordinary:-- Miscellaneous, Resumption at Fan ting: 88,324.
of
be considered
4
Hom-Me Mackie: I da not re gard it as nominal for I so that The Government is to receive 81,527 out of the vote of 88,324.
(Continued on next Column.)
On the Chairman putting the matter to the vote, seven voted in lavour nud one (Hon, Mr. Braga)
A Point of Order.
paint of order under sub-clause Hon. Mr. Braga then raised u even of Standing Order No. 24..
He said-It may appear strict ly theoretical. Nevertheless, I Iou! that the point, should be raised. I refer to the voting on this question. Under Articlo 24, clause 7, of the Standing Orders of the Legislative Council, a member shall not vote on any subject in which bo has a direct pecuniary interest." I would not go so far as to say that the voting has been influenced by the peciniary interest" of any mem- hor of this Committee. Nothing further than that is from my mind. On principle, however, I fool I must challenge the votes of at least those members of this Committee who are members of the Golf Club, and whose interest, therefore, in the question before the Committee
is a "direct" onc.
I, therefore, respectfully submit to you, Sir, that the votes of those members of this Committee who are members of the Golf Club should not be counted.
Hon. Mr. Paterson: May I reply to that by reminding. Honourabla Members of the occasion when the vote was given on
on the report of the Salaries' Commission. It sooms to me, Mr. Brago, that there was direct interest here, yet poople were allowed to vote. I BÚC reason why I should not be able to vote on this. There was a much greater and more direct financial interest there.
no
Hon. Mr. Braga: It may seem a very fine point but it would be nice to have a decision on it. There nothing personal in this. I think your appreciate that.
Hon. Mr. Paterson: I realise
that.
The Chairman, in giving his rul- ing, said: I would rule in this ense that the vote taken is not in the interest of the members voting, ip not direct-and-pbouniary within.. the monuning of sub-clause Bover
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Pablished by
of Standing Order No. 24 and the THE HONGKONG DAILY PRESS, LTD., 11, Ice Hous Street, Hongkang
votes are therefore allowed to re main.
No comments yet.
Private notes are available after approval.