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30 HONG KONG LEGISLATIVE COUNCIL. 2ND MAY, 1912.

PRESENT:―

HIS EXCELLENCY THE OFFICER ADMINISTERING THE GOVERNMENT, HON. MR. CLAUD SEVERN.

HON. MR. C. CLEMENTI (Colonial Secretary.

HON. MR. C. G. ALABASTER (Attorney General).

HON. MR. A. M. THOMSON (Colonial Treasurer).

HON. MR. W. CHATHAM, C.M.G. (Director of Public Works).

HON. MR. E. R. HALLIFAX (Registrar General).

HON. CAPTAIN F. J. BADELEY (Captain Superintendent of Police).

HON. SIR KAI HO KAI, M.D., C.M.G.

HON. MR. WEI YUK, C.M.G.

HON. MR. H. E. POLLOCK, K.C.

HON. MR. C. H. ROSS.

HON. MR. E. OSBORNE.

MR. R. H. CROFTON (Clerk of Councils).

Minutes

The minutes of the previous meeting were approved.

New Member

HON. MR. C. G. ALBASTER took the oath and assumed his seat as a member of Council.

Financial Minutes

THE COLONIAL SECRETARY, by command of His Excellency the Officer Administering the Government, laid on the table Financial Minutes Nos 19 to 21, and moved that they be referred to the Finance Committee.

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

Financial

THE COLONIAL SECRETARY, by command of His Excellency the Officer Administering the Government, laid on the table the report of the Finance Committee (No. 3), and moved its adoption.

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

The Need of Public Bathing Places

HON. MR. OSBORNE―Sir,―The resolution which I am about to submit for the consideration of hon. members revives a proposal which was introduced into this Council two years ago and which the Hon. Director of Public Works negatived as not being possible, though at the same time he added words which lead me to think the Government were not altogether opposed to the idea. He said that should any application be received to utilise any portion of the beach for bathing, it will be considered; and so relying upon that promise I renew my application to-day in the hope that Government may now be found in a more generous and sympathetic frame of mind. I am asking, sir, for a piece of foreshore at either end of the town to be set apart as a public bathing place, the ground cleared of rocks and stones, some inexpensive shelters erected and the customary life-saving appliances provided. Sea bathing in Hongkong is one of the saving features of our long delightful and salubrious summer, but it is a pleasure practically denied to those who are unable to reach the numerous bathing grounds by launch. I want, therefore, to bring the pleasure of a bathe within the reach of all. The rock-strewn beach beyond Kennedy Town, it is true, is already used to some extent, but I feel sure many more would avail of it if the facilities I have mentioned were provided, and there is also a fine stretch of sand bay at North Point suitable for the purpose. The provision of municipal recreation

HONG KONG LEGISLATIVE COUNCIL. 31

grounds is an accepted principle of modern government; is in fact accepted by this Government in that Happy Valley and other places are set apart for the purpose of public enjoyment. So that, far from suggesting any violation of the principles of sound government, I am merely asking for an extension of those principles for the benefit of those persons who have not the opportunity of enjoying the healthful pastime of a sea bathe except from the foreshore at either end of the town. I beg to move, "That in the opinion of this Council it is desirable to establish public bathing places at the Eastern and Western extremities of the town."

HON. MR. ROSS―I have very much pleasure in seconding the resolution which has just been put forward by my hon. friend opposite. I think there are very few places of any importance, at all events on the Continent, where rivers and lakes are available, where you do not find public bathing places. It is quite probable that in the case of rivers they are mostly floating bathing places. I might throw out a suggestion that if the foreshore is so valuable that the Director of Public Works does not see his way clear to recommend the Government to part with it that floating bathing places be erected. Possibly a typhoon might blow the roof away occasionally, but, at all events, I think they would serve their purpose.

THE COLONIAL SECRETARY ― I have listened with great interest to the remarks of the mover and seconder of this resolution, and I am glad to be able to inform members, on the instructions of your Excellency, that estimates will be called for in connection with the erection of such bathing places, and will be considered with the Colonial Budget for next year. The Government will be glad to have the co operation of hon. members in deciding the details of the proposal.

The resolution was carried unanimously. The Typhoon Refuge

THE HON. MR. OSBOBNE asked the following questions standing in his name:―

1.―Will the Government state whether the progress made on the Typhoon Refuge (as indicated by the financial statement and diagram recently laid before Council) is consistent with

completion of the work within the contract period?

2.―If the progress made is not consistent with completion of the work within the contract period, will the Government state what steps will be taken to ensure completion within that period?

THE DIRECTOR OF PUBLIC WORKS replied as follows:―

1.―The progress made with the Harbour of Refuge Work, as indicated by the financial statement and diagram recently laid before the Council, is consistent with the completion of the work within the contract period.

2.―No reply is required.

Law Revision Ordinance (No. 2) 1912

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Law Revision Ordinance, 1911." In doing so he said―This Bill has been drafted by the editor and carries the schedule of the principal Ordinance from 1903 to 1910.

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

THE ATTORNEY-GENERAL moved that the Standing Orders be suspended in order that the Bill pass through all its stages that day.

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

THE ATTORNEY-GENERAL then moved the second reading of the Bill.

THE COLONIAL SECRETARY seconded, and the Bill was read a second time.

Council then went into Committee to consider the Bill clause by clause

On Council resuming,

THE ATTORNEY-GENERAL reported that the Bill had passed through Committee without amendment, and moved that it be read a third time.

THE COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.

32 HONG KONG LEGISLATIVE COUNCIL.

Law Amendment Ordinance

(No. 2) 1912

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Law Amendment Ordinance, 1911." In doing so he said―This Bill, like the former Bill, has been drafted by the editor engaged on the revision and carries the schedule of its principal Ordinance down to the end of the year 1910.

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

THE ATTORNEY-GENERAL moved that so much of the Standing Orders as were necessary to allow the Bill to pass through all its stages that day be suspended.

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

THE ATTORNEY-GENERAL then moved the second reading of the Bill.

THE COLONIAL SECRETARY seconded, and the Bill was read a second time.

Council then went into Committee to consider the Bill clause by clause.

On Council resuming,

THE ATTORNEY-GENERAL reported that the Bill had passed through Committee without amendment, and moved that it be read a third time.

THE COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.

Supplementary Estimates.

THE COLONIAL SECRETARY moved the first reading of a Bill entitled, "An Ordinance to authorize the appropriation of a supplementary sum of one hundred and sixty-three thousand eight hundred and ninety-six dollars and ninety three cents, to defray the charges of the year 1911." In doing so he said―In connection with this Bill I beg to lay on the table the Draft Appropriation Account for the year 1911. When this Bill has passed its second reading it will be referred to the Finance Committee, and I shall then be happy to make in Committee any explanations which hon. members may desire.

THE COLONIAL TREASURER seconded, and the Bill was read a first time.

The sum mentioned is to be expended as hereinafter specified:―

Governor................................... $1,173.75 Registrar General's Department 4,671.74 Treasury .................................... 2,663.16 Observatory............................... 402.02 Miscellaneous Services............. 33,884.29 Public Works, Recurrent ........... 70,740.80 Kowloon-Canton Railway......... 50,361.17

Total .................... $163,896.93

Limited Partnerships Ordinance, 1912

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to establish Limited Partnerships."

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

The memorandum attached to the Bill states that the object of this measure is to introduce into this Colony, with the necessary local modifications, the provisions of the Limited Partnerships Act, 1907. It has no application to Chinese Partnerships which are regulated by the Chinese Partnerships Ordinance of last year― No. 53 of 1911.

Deportation Ordinance Amendment, 1912

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Deportation Ordinance, 1912." In doing so he said―You will remember that the new Deportation Ordinance passed last month greatly improved the position of people liable to deportation by safeguarding their interests in every way. However, it contained one defect. It repealed all previous Deportation Ordinances and left no penalty for anybody who returned to this Colony during the currency of a deportation order. This Bill corrects that defect, and I submit that the Bill is an urgent one and should be allowed to pass through all its stages to-day.

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

HONG KONG LEGISLATIVE COUNCIL. 33

The Objects and Reasons attached to the Bill state:―This Bill preserves the punishment for those banished under repealed Ordinances who return to the Colony before the expiration of their terms of banishment and punishes those who knowingly harbour or conceal them. It also corrects a clerical error in one of the forms in the Schedule to the Principal Ordinance.

THE ATTORNEY-GENERAL moved the suspension of the Standing Orders.

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

THE ATTORNEY-GENERAL moved that the Bill be read a second time.

THE COLONIAL SECRETARY seconded, and the Bill was read a second time.

Council then went into Committee to consider the Bill clause by clause.

On Council resuming,

THE ATTORNEY-GENERAL moved the third reading of the Bill.

THE COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.

Advertisements Regulation

Ordinance, 1912

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to control the exhibition of advertisements."

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

The Objects and Reasons are:―The Bill is based in a measure on the Advertisements Regulation Act, 1907, which allows local authorities to make bye-laws which are subject to the confirmation of the Secretary of State for the regulation and control of advertising on hoardings over 12 feet in height and for regulating and restricting or preventing the exhibition of advertisements in such places and in such manner or by such means as to affect injuriously the amenities of public parks or promenades or to disfigure the natural beauty of a landscape.

Tramway Ordinance Amendment

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Tramway Ordinance, 1901 (Ordinance No. 10 of 1902)."― In doing so he said―This peculiarity is explained by the fact that in 1901 a Bill was drafted and it was passed early in the year 1902. The short title was never altered, and therefore it is best described in the way I have done. The object of the amendment is to get rid of the necessity of having a new Ordinance every time a slight extension is made to the track of the tramway. This will enable the matter to be approved by resolution of the Legislative Council. The Council will then be able to pass it in one meeting instead of in three.

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

The Objects and Reasons attached to the Bill are:―This Bill amplifies the powers vested in the Tramway Electric Co. under the Tramway Ordinance, 1902, by giving them the right of extending the tramways subject to the approval of the Governor-in-Council, and as the Company has a monopoly, subject also to the approval of the Legislative Council, timely and adequate notification by public advertisement or otherwise of the intention of the Company to apply to the Governor-in-Council for such approval has first to be made. The object of the Bill is to render the passing of a fresh amending Ordinance unnecessary where the system is extended.

Magistrates Ordinance

Amendment

THE ATTORNEY-GENERAL moved that the Council go into Committee on the Bill entitled, "An Ordinance to amend the Magistrates Ordinances, 1890-1910."

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

HIS EXCELLENCY―The whole of this Bill was considered in Committee at last meeting, when several amendments were made in clause 2. It was thought better, for the sake of clearness, to have the Bill reprinted and reconsidered at this meeting. The reprint has been circulated

34 HONG KONG LEGISLATIVE COUNCIL.

among the members. Has any member any further amendment to suggest? The only point raised at the last meeting was whether there were not too many people present at some of the castigations.

On Council resuming,

THE ATTORNEY-GENERAL moved that the Bill be read a third time.

THE COLONIAL SECRETARY seconded, and the Bill was read a third time and passed.

HIS EXCELLENCY ― Council will now adjourn till May 16th.

FINANCE COMMITTEE.

A meeting of the Finance Committee was held afterwards ― the Colonial Secretary presiding. The following votes were passed:

Law Courts

The Officer Administering the Government recommended the Council to vote a sum of one thousand dollars ($1,000) in aid of the vote Public Works, Extraordinary, Buildings, Law Courts.

THE CHAIRMAN explained that this vote was for structural alterations in the second Court which had been made at the request of the Puisne Judge.

HON. MR. HEWETT―May we express the pious hope that no further votes will be made on this extremely expensive building?

THE CHAIRMAN―I hope that may be so.

HON. MR. POLLOCK―I would like to ask the Hon. Director of Public Works whether it is proposed to make any further experiments in regard to the acoustics of the large Court. Several tentative experiments have been made with wires, which have been successful up to a

certain point. I don't know whether any attempt has been made to stretch any further wires, but I am convinced after what has been done that some great improvement could be made to the acoustics of the Court in this way.

HON. MR. HEWETT ― I understand the acoustics are still very defective?

HON. MR. POLLOCK―Yes.

THE CHAIRMAN―We still have a balance of more than $500 on this vote, which can be utilised by the Director of Public Works in carrying out any further improvements which may prove to be necessary.

THE DIRECTOR OF PUBLIC WORKS ―No further complaints have reached me personally. They may have been dealt with in the Department without coming to my knowledge, but in view of what Mr. Pollock has just said, I will inquire into the matter and see if anything further can be done.

Telephones in the new Territory

The Officer Administering the Government recommended the Council to vote a sum of five thousand dollars ($5,000) in aid of the vote Public Works, Recurrent, Communications, Maintenance of Telephones in New Territories.

Costly Litigation

The Officer Administering the Government recommended the Council to vote a sum of Seven thousand five hundred and twenty-one dollars ($7,521) in aid of the vote Public Works, Extraordinary, Metallic Circuits to Telephone Lines

THE CHAIRMAN―This vote is consequent on litigation between the Government and the Electric Traction Co., as the result of which we are obliged to pay our own costs and the costs of the defendants in the suit. I may add that it is proposed to appeal against this judgment later on.

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