1896-03-10 — Page 1

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10TH MARCH, 1896.

PRESENT:—

PAPERS.

His EXCELLENCY the Governor, Sir WILLIAM ROBINSON, K.C.M.G.

Hon. J. H. STEWART LOCKHART, Colonial Secretary.

Hon. H. E. POLLOCK, Acting Attorney General.

Hon. A. M. THOMPSON, Acting Colonial Treasurer.

Hon. F. A. COOPER, Director of Public Works.

Hon. R. MURRAY RUMSEY, Harbour Master.

Hon. COMMANDER W. C. H. HASTINGS, Acting Captain Superintendent of Police. Hon. C. P. CHATER.

Hon. HO KAI.

Hon. T. H. WHITEHEAD.

Hon. E. R. BELILIOS, C.M.G.

Hon. J. J. BELL-IRVING.

Mr. F. J. BADELEY, Acting Clerk of Councils.

MINUTES.

The minutes of the previous meeting were read and confirmed.

THE REAPPOINTMENT OF DR. HO KAI.

Hon. Ho Kai took the oath of allegiance on his reappointment as member of the Council.

COST OF THE ADMINISTRATION.

Hon. T. H. WHITEHEAD—I beg to give notice of the following question:—Will the Government lay upon the table a statement showing the total cost of the administration or the expenditure of the Government under the head of salaries, including allowances, pensions, exchange compensation, &c., for the year 1895?

The COLONIAL SECRETARY—I have the honour to lay upon the table the report of the Acting Captain Superintendent of Police for 1895, and the returns of superior and subordinate courts for 1895. I have also the honour to bring up the report of the Finance Committee, No. 1, and to move its adoption.

The ACTING COLONIAL TREASURER seconded.

Carried.

The DIRECTOR OF PUBLIC WORKS laid upon the table a report of the proceedings of the Public Works Committee held on the 11th February and moved its adoption.

The ACTING COLONIAL TREASURER seconded.

Carried.

His EXCELLENCY—In reference to the item marked C in the Public Works Committee's report, respecting the construction of the new road from Victoria Gap to Mount Kellett, I have to say that I am decidedly in favour personally of the construction of the proposed road, because I consider the present road is not only exceedingly steep, but that at Plunket's Gap it is absolutely dangerous in rough weather. The Treasurer, who holds the purse strings very tightly, has pointed out, however, that at the present moment there are no funds in hand to meet this expenditure, but I hope the unofficial members will accept the assurance that this road will be made at the earliest opportunity.

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THE SANITARY BOARD ORDINANCE.

The ACTING ATTORNEY-GENERAL—Your Excellency, I

THE FACTORS ORDINANCE.

The ACTING ATTORNEY-GENERAL—I beg to move the

rise to move the first reading of the Bill entitled an Ordinance to further amend the Public Health Ordinance, 1887, with regard to the constitution of the Sanitary Board. A memorandum explaining the objects and reasons is attached to the Bill.

The ACTING COLONIAL TREASURER—I beg to second.

Hon. T. H. WHITEHEAD—Sir, I rise to move that the first reading of this Bill be postponed for a month.

His EXCELLENCY—Will it not be better to do that at the second reading?

Hon. T. H. WHITEHEAD—Well, sir, no. On the 15th December last I asked for the papers, including the reports of the unofficial members, on the subject of the reconstruction of the Board. These were withheld, but your Excellency promised that they would be produced as soon as instructions had been received from the Secretary of State with regard to the Sanitary Board. The changes which this Bill propose to enact are so drastic, are so radical, and are so retrograde that I think before acquiescing in the first reading of the Bill all the members of the Council should have an opportunity of perusing all the papers on the subject, including the correspondence between the Colonial Government and the Home Government and vice versa, and all other papers bearing on the subject. The postponement that I ask is only for a month, and as the sanitary affairs of the colony are still being looked after by the old Sanitary Board, I think business might be facilitated if the postponement be agreed to.

His EXCELLENCY—Does anyone second that? Hon. HO KAI—Yes, I beg to second that.

His EXCELLENCY—It is moved by Hon. T. H. Whitehead and seconded by Hon. Ho Kai that the Bill be postponed for a month. Is that so?

Hon. T. H. WHITEHEAD—Yes.

His EXCELLENCY—Personally I have no objection.

The first reading was accordingly postponed for a month.

THE REGISTRATION OF BIRTHS AND DEATHS.

The ACTING ATTORNEY-GENERAL—I beg to move the first reading of a Bill entitled an Ordinance to amend and consolidate the law relating to the registration of Births and Deaths.

The COLONIAL SECRETARY seconded.

Bill read a first time.

THE VALIDITY OF ADMIRALTY DOCUMENTS.

The ACTING ATTORNEY-GENERAL—I beg to move the second reading of the Bill entitled an Ordinance to prevent doubts as to the validity of documents heretofore sealed with the seal of the Colonial Court of Admiralty of Hongkong.

The COLONIAL SECRETARY seconded.

Bill read a second time.

Council went into Committee and there were no amendments.

Council resumed and the Bill was read a third time and passed.

second reading of the Bill entitled an Ordinance to amend and consolidate the law relating to factors.

The COLONIAL SECRETARY seconded.

Bill read a second time.

Council went into Committee, where a few amendments were made.

Council resumed.

THE SALE OF GOODS ORDINANCE.

The ACTING ATTORNEY-GENERAL—I rise, sir, to move the second reading of the Bill entitled an Ordinance for codifying the law relating to the sale of goods.

Bill read a second time.

Council went into Committee.

Bill read clause by clause and a few amendments made.

Council resumed.

THE REGISTRATION OF A LIS PENDENS.

The ACTING ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to amend the practice as to the vacating of the registration of a Lis Pendens.

The COLONIAL SECRETARY seconded.

Bill read a second time.

Council went into Committee, where there were no amendments.

Council resumed and Bill read a third time and passed.

THE EXTRADITION OF FUGITIVE CRIMINALS.

The ACTING ATTORNEY-GENERAL moved the second reading of the Bill entitled an Ordinance to provide for the extradition of fugitive criminals from the territory of the British North Borneo Company.

The COLONIAL SECRETARY seconded.

Bill read a second time.

Council went into Committee.

Bill read clause by clause.

Council resumed and Bill read a third time and passed.

THE INCORPORATION OF THE BASEL

MISSIONARY SOCIETY.

Hon. C. P. CHATER—I beg to move the second reading of the Bill entitled an Ordinance for the incorporation of the President in Hongkong of the Basel Evangelical Missionary Society. This is a Bill similar, sir, in every respect to those passed 1 for the incorporation of the Spanish Procuration, the French Mission, and other charitable institutions. Its object is simply to facilitate the conduct of the business of this most excellent institution. On the last occasion I informed your Excellency that all the details respecting the introduction of a private Bill had been complied with to the satisfaction of the hon. and learned member the Attorney-General. I trust therefore that hon.

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members will have no objection to the second reading of the Bill.

Hon. T. H. WHITEHEAD seconded. Bill read a second time.

Council went into Committee, and the Bill went through all its stages and passed.

THE SUITORS' FUNDS ORDINANCE.

Council went into Committee on the Bill entitled an Ordinance to amend the law as to certain moneys paid into the Supreme Court or to the Registrar thereof.

The ACTING COLONIAL TREASURER pointed out that the Bill, as amended, did not include funds in the hands of the official trustee and official administrator. He believed the object of the Bill was that all funds for which the Government was responsible should be placed in the custody of a Government officer. The present Bill would not carry out the object the Secretary of State had in view.

The ACTING ATTORNEY-GENERAL—I have discussed the matter with the Acting Chief Justice and also with the Registrar, and they came to the conclusion that it would be advisable to amend the Bill so as not to include the moneys which the Registrar holds as official

trustee or official administrator. There is a special Ordinance dealing with the duties of the Registrar as official trustee and also an Ordinance dealing with his duties as official administrator.

His EXCELLENCY—That is not in accordance with the Secretary of State's instructions?

The ACTING COLONIAL TREASURER—The Secretary of State's instructions in my opinion will not be carried out.

His EXCELLENCY—I prefer to postpone the subject.

THE SANITARY BOARD PAPERS.

Hon T. H. WHITEHEAD—I beg to give notice of the following question:—Will the Government lay upon the table a copy of the papers and all the correspondence between the Colonial Government and the Home Authorities and all other documents, including the reports or written opinions of the unofficial members, in connection with and on the subject of the Sanitary Board and its reconstruction?

ADJOURNMENT.

The Council then adjourned until next Tuesday week.

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