1936-05-28 — Page 7

11

HONG KONG DAILY PRESS THURSDAY, MAY 28, 1936.

MUI TSAI BILL

CHINESE VOTE ON SECOND

READING FAILS

Objection To Penalty Clause; Amendment Beaten

DEBATE IN LEGISLATIVE COUNCIL.

Despite opposition by the Chinese unofficial members, the Legislative Council yesterday passed the second reading of a bill to amend the Female Domestic Service Ordinance, which deals specifically with mui-tsai prosecutions and imprisonment for breaches.

Government also declined to fall in with Mr. S. W. Tso's suggestion to defer legislation on the question until after the Mui-Tsai Commission had made its report and an amendment moved by Mr. M. K. Lo in the committee stages, was defeated. Those who supported the amendment were Messrs. M. K. Lo, S. W., Tso. T. N. Chan and A. T. B. Silva-Netto.

Chinese members stated that they opposed the bill because they considered it unnecessary and that the imprisolument clause would entail great hardship" on, people not guilty of criminal intent.

POSTPONEMENT IS REFUSED

Miss E. "Picton-Turbeyille, a meni- ber of the Mui-Tsal Commission, was present at the Council pro- ceedings.

The Bill was introduced by the Attorney-General who moved the second reading which was seconded -by the Colonial Secretary, -

Mr. S. W. Tso said:-

gistrates have not imposed more imprisonment sentences is not be- cause they do not wish to carry out our law vigorously put rather because there are so few cases of ill-treatment or cruelty to mul sai which really justify imprisonment.

left to the discretion of our com- petent Magistrates.

I may say that for ill-treatment or cruelty I am in favour of severe penalties, and I have na objection to even increasing the maximum penalty provided in Section 6.

With a due sense of my responsi- bilities, I am opposed to the Bill,

IS OPPOSED

HOTEL RECONSTRUCTION

SCHEME APPROVED

(Continued from Page 2)

The Book figures relating to Land. have been adjusted so as to bring Land valuations to amounts which in the opinion of your Board con- form more nearly to present day values, having regard to location and to potential earning capacity. The net result is an increase in the Book value of Land by 3550.- 930.18.

We know that it has been the unpleasant duty of many chair- men who have presided at annual meetings of our local companies in recent months, to emphasize the financial stringency of thest times, and the difficulties met with in consequence. All things consider- ed. I feel there is cause for co- gratulation that this company has weathered the difficulties of the year 1935 so well.

I should state that the scheme I have referred to bears the re- commendation of your Board by a It seems to me also that cot.sl- majority of five to twa. The dis-derable satisfaction can be derived sentient Directors hold the view from the substantial reduction of that the complete writing off of over $185,000. effected during the

14

all Reserves appearing in the past year in the company's mort- Balance Sheet would in present cir-gage indebtedness. cumstances be sufficient. and/or If I may be permitted to refer that the Capital should not be re- duced before the Reserves were Arst eliminated:

LAND RESERVE

t the reconstruction

scheme which the directors submit for our consideration to-day. I would say that on first hearing of these pro- be preferable merely possis my views were that it would to appro- priate the reserves now standing in the balance sheet. for the pur- pose of writing down the value of the company's axed assets. with- out touching the capital

'

PROMISE HELD

"

our

In substantiating the opinion of the majority of the Directors as embodied in the scheme for your consideration. I submit that it is an, absolute necessity that certain Reserves should be maintained and In this relation would point out in the first place that the scheme calls for the retention of $550,000 as a Land Reserve, which sum. repre-chairman who very kindly gave sents the accretion in amount of the new computation for Land Values in the adjusted Balance Sheet over the old Balance Sheet ugures, and which it is considered should be retained to be held in Reserve against possible losses on realisation of any of the properties. Secondly, I would point out that It is desired to retain $450,000, as

General Reserve to provide re-meeting, providing for the capital silence against the contingency of

I put these views before

me fuller detalls, upon which the reconstruction scheme was based. After giving careful consideration to this fuller riformation, I am satised that the proposals to be put before you to-day hold the promise of a much better solution

ties. I trust that the special re- of the company's "present dicul-

solution to be put at the next

Cancellation involved in the

I do not know whether the Sec- retary of State for the Colonies had In his possession copies of the an- not only because there has been any periods of adverse trading scheme, will receive your approval. an undue haste in the proposed which is considered a necessary appears to me that the direc-

ual reports of the Hong Kong Society for the Protection of Child-legislation as a result of a remark rea, but if he had, he would have seen from such reports that there are indeed very few cases of in-

and reasonable precaution." máry shewing the amounts to be written off Assets under the Re- construction proposals, that a

You will observe from the Sum-

I rise to uppose the second read- ing of this unending bill, and in doing so I have the full support of my Chinese colleagues in Council.

In the "objects and reasons" for Introducing this bill, the Attorney General quoted the Straits Bettie- tentional ill-rreatment or cruelty to also on the ground that the pro- items earmarked for drastic reduc-st few years, and that, due to

children by the Chinese in the Colony. All cases in their charge are cases of dire poverty...

reported to have been made by the Secretary of State, which in my opinion has been misinterpreted.but

tera are advocating wise measures, and making a worthy attempt to Bet down to bedrock. It must be recognised that conditions have changed very rapidly during the posed Bill is unnecessary, and, tion are Buildings, Furniture and it becumes law, may entall great Fittings, Machinery and Plant, many special causes, there has hardship on many people not guilty Linen Crockery and Glassware. of criminal act or intent."

ments Ordinance No. 5 of 1932 and also stated that, in the House of Commons, on February 19 1936, the Secretary of State for the Colonies, while referring to mul-tsal cases in Hong Kong, said "I have looked who have come here to investigate THE HON. MR. M. K. LO Palace and Astor House Botels, into the prosecutions and I finden the spot our mut tai question.

there are too many fines. I would like to see imprisonment as a de- terrent."

I must point out that the con-

We are glad indeed and heartily welcome the Mui Tsal Commission

The Commission, I understand, is

| requested to make recommenda- tions for any legislation necessary

ditions obtaining in and the geo- graphical position of the Straits Settlements, are, in many respects. alfferent from those of Hong Kong. For, if there are 1.000 Chines go-report. Ing to the Straits Settlements in a year, there would be tens of thou

sanda coming to Hong Kong in

every year.

It must be remembered that the majority of the Chinese who go to the Straits Settlements go there to seek work or on business. Persons who go there to visit their friends and relatives must necessarily be tew In view of the great distance between the Straits Settlements and China and the expense and trouble of travelling, and few would take a mal-tal along with then on such a visit.

MANY VISITORS

On the other hand. Hong Kong belnik so near to China, Chinese families are constantly passing through this Colony for tranship ment to the North or other parts of China. Many too pay visits to their relatives and friends here, and every day we see thousands of Chinese coming to Hong Kong from Canton. Macao, Wuchow and other districts in the interior.

זו .

Your Excellency

In rising in support of my Senior

on the question of female domestic Colleague, I crave leave to set out. servants and I would ask Your Ex-my reasons for opposing the scond cellency to defer any legislation reading of this Bil. At the outset touching upon this guestion until I should like to state that if the after the Commission has made its Motion for the second reading of this Bill is passed, I will propose a certain amendment in the Com- mittee stare.

course aware that

the of

amend- that imprison- be awarded fox every breach of the Ordinance or

For the above reason, I beg to move that the proposed Bill be not read a second time.

MR. T. N. CHAU

Mr. Chau sa

I am in complete agreement with

the views expressed by my senior colleague, Like him, I hold the view that, except for contraven- tons of Section 6 of the principal Ordinance wherein punishment by Imprisonment is already provided for, a maximum fine of $250 would be a sufficient penalty' for all other offences.

In the objects and reasons' at-

tached to the bill it is stated that in the House of Commons on February, 19 1936, the Secretary of State, referring to mul-tual cases In Hong Kong, said: 'I have look- ed into the prosecutions and I find there are too many fines. I would like to see imprisonment as a de- terrent"."

%

اچھے کر

I am 0: the effect ment 19 not ment should

been relatively rapid deprecia The main application of these tion of the company's Assets. appropriations has been directed to making it impossible to obtain a the Buildings and Equipment of the fair return upon their existing book values. If the suggested re- crganization be adopted the ad- Justed balance-sheet will present these assets in a truer perspective, having due regard to their earning capacity.

Shanghal, the Peak Hotel, Hong Kong, and in a minor degree to the Hong Kong Hotel. You will appre- clate that "obsolescence" has made inroads into the value of these pro- the amount of depreciation provid- strong one, and the reconstruction perties to an extent in excess of The present, cash position is a ed on them over the past few proposed, given only fair trading that the reduction on the item should bring the years. It is for this reason also conditions in the dear future. Bime nearer "Investments" is called for in order when 'the company, we hope, may to make similar provision in respect be placed again upon a dividend of the Grand Hotel des Wagons-" paying basis"," Lits, Peiping.

HOTEL AT SHAMEEN

The item "Construction in Pro-

I have much pleasure in second- ing your proposal that the report of the directors, and 'the' accounts for the financial year ended De of the regulations made there- gress" which is eliminated under cember 311935, as presented. be under, but that the magistrate is the Scheme represents mainly ex- adopted, and that the balance at merely given a discretion to impose penditure, on plans, site levelling, credit of profit and loss account etc., in connection with the Hotel amounting to $342,001.85 be carried

prison sentence in a case in which he finds it desirable to do So. But my objection to the Bill is based on two main grounds:-

First, that no case has been made out for the proposed. amendment, and

Secondly, that in the Colony, the value of avoiding sending a first offender to jail is so obviously inadequately appre- elated, and the powers confer- red on magistrates for dealing with first offenders are so den- rlent, that I do foreste grave risk of the power of imprison- ment being improperly exercis-

ed

I propose to deal shortly with my Many of our visitors are ignorant

latter point first. With great respect to the jearn at all familiar with the iterature Anyone who is of the law of Hong Kong so that the imposition of a prison sentence

ed Attorney Gener, I venture to place on the words imputed to the pressed with the valuable work ac- on the subject cannot but he im- will be directly more against our visitors than against our local re-Secretary of State & different con-hieved in England in saving men sidents who know, or must be pre-ed into the prosecutions" seem to als by not sending them to prison struction. The words "I have look and women from becoming crimin- sumed to know, our law,

me to bear the implication that for a first offence, except in very the Secretary of State had special circumstances examined some of the prosecutiona I should like to quote rather ex- made under the Ordinance, and tensively from an address by Lord found that where there was the Hewart, Lord Chief Justice of Eng. penalty

DI fmprisonment au- land to the International Pitson thorised by the Ordinance, the Congress in London in October. award of the alternative penalty 1925. Dealing with the object of of fines had been too frequent. punishment Lord Hewart makes

the following remarks:-

To commit a person to prison and stigmatise him or her for life All bird" for ignorance is, to say the least, a serious matter, and we consider that & fine of £250.00 for contraventions of our Ordinance, other than Section 3, or of any regulations made under such Ordinance should be/a_sufl- olently strong deterrent

If he did mean what the Attorney General had assumd him to mean, surely he would have expressed himself in some different way,

QUITE ADEQUATE

LITTLE CRUELTY With regard to the opinion ex- pressed by the Secretary of State for the Colonies. we are not in a position to say what was actually My Chinese colleagues and I con- In his mind. From our point of sider the present Ordinance quite view, and from our own knowledge adequate, and that the question of of the cases commonly found in imposition of penalties, where the Hong Kong, we would choose to alternatives of fines and imprison think that the reason why, our ma-

ment are authorised, may well be

We are to look to the com mon safety, to the security of all, and to making less likely the doing of similar wrongs in other cases. Yes, but a very little reflection shows that this is essentially a task of dia- crimination. As there are great differences between one offence

(Continued on Page 10)

to construct some years ago. on the Shameen it was proposed forward to next year's accounts. J

In the opinion of your Directors the effect of their proposals as dealt with in my preceding remarks 13 to present a Reconstructed Balance Sheet presenting a true perspective

The adoption as proposed was carried unanimously.

ME. W. H BELL Mr. Taggart said:-

The next business as noted in

of the position of the Company in the agenda for this meeting will the light of the abnormal times not come up for your decision to- through which we are passing. | day.

have

Considerable future saving in de- Siner the issue of the convening preciation will be effected if you notices your Board

with adopt and sanction these proposals, much regret received a notifica and as a result thereof the Com- tion from the Hon. Mr. W. H. Bell pany should return to a dividend to the effect that he does not de- paying basis much earlier than sire to stand for re-election, as a would otherwise be the case. Director. I take this opportunity Moreover, your Company will be of conveying to the Hon. Mr. W to embark upon disposal and/or tion of his colleagues in respect.of placed in a more mobile position H Bell the thanks, and apprecia-

certain Assets. reconstruction and development of his valuable assistance rendered to the Board covering a period of five Reverting to the business for this years association.:

that the Report of the Directors not proposed to fill the vacancy meeting. I how formally propose In the interests of economy it ́is and the Accounts for the financial arising, but to administer the year ended December 31, 1938, as Company's affairs with a Board presented, be adopted, and that, as reduced to six Members. recommended by your Directors. tre Balance at credit of the Profit

Mr. J. Scott Harston said:** I also would like to express deep and Loss Account, amounting, to regret at the departure of the $342,001.85 be carried forward to Hon. Mr. W. H. Bell from the next year's Account, and I shall be Board of this Company. obilged if some Shareholder will My relations with him have al- kindly second such proposal, where ways been of the friendliest na- upon questions as to the Report and ture His business acumen is so Accounts may be raised, "

SECONDER'S SPEECH

Mr. F. Austin said:-- .

well and widely known that like good wine it needs no bush.

Among the outstanding traits in Mr. Bell's character are his

In rising to 'second the motion honesty of purpose and his cour

I feel that I can safely put it as age in at all times upholding his

the general opinion of this meet- convictions, coupled with his never

ing, that we much appreciate the tailing courtesy.

very full information given in the

address just delivered.

(Continued on" Page 12)

Just arrived!

COTTAGE WEAVES

46" WIDE

46". WIDE

46" WİDE

75€

yd.

$100

yel.

$125

yd.

FURNISHING DEPARTMENT

LANE, CRAWFORD, LTD.

EAT MORE

NEW - LAID" LEGHORN EGGS FROM MORNING SOUND FARM, ALSO STOCKED

LEGHORN HATCHING EGGS

"OBTAINABLE PROM:~

HUNG CHEONG

66, NATHAN ROAD.

}

Now

Be

NBS

National Beer

NATIONAL BREWERY

12

SHANGHAI HINTS

245

Tel. 57108.

Sensible

DRINK

NBS

Roc obtainable

Cartons

12 Qts ir 12 Fis Cill Compradores Shops.

BEER

INBS National Beer

NATIONAL BREWERY

SHANGHAI

Stocks are now available at :--

China Emporium Ltd," French Store,

Hung Cheong. Kwan Tye Loongi

OTS

In cartons

of 12 bottles

for

$4.40

Lane, Crawford, Ltd., Sincere Co, Ltd. Sun Co. Ltd. Tai Wo,

Wing On Co, Ltd.

and all feading Hotels, and Compradores

or by 'Phoning 25913.

Local Agents:

MAISON, F. MATHIEU, Ste. Ame.