1913-04-10 — Page 1

10 HONGKONG LEGISLATIVE COUNCIL 10TH APRIL, 1913.

PRESENT:―

HIS EXCELLENCY THE GOVERNOR, SIR F. H. MAY, K.C.M.G.

HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS, MAJOR-GENERAL C. A. ANDERSON, C.B.

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

HON. MR. J. A. S. BUCKNILL (Attorney General).

HON. MR. A. G. M. FLETCHER (Colonial Treasurer).

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

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

HON. MR. C. MCI. MESSER (Captain Superintendant of Police).

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

HON. MR. E. A. HEWETT, C.M.G.

HON. MR. WEI YUK.

HON. MR. C. MONTAGUE EDE.

HON. MR. C. H. ROSS.

HON. MR. E. SHELLIM.

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

The minutes of the previous meeting were approved.

New Member

The Hon. Mr. E. Shellim took the oath and assumed his seat as a member.

Financial

THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the Reports of the Finance Committee, Nos. 1 and 2, and moved that they be referred to the Finance Committee.

THE COLONIAL TREASURER seconded, and

the motion was agreed to.

Financial Minutes

THE COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table Financial Minutes Nos. 9 to 18, and moved that they be referred to the Finance Committee.

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

Increases of Salaries

THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the précis of correspondence on the subject of increases of salary, and added that any further information on the subject would be given in the Finance Committee.

Opium Resolutions

THE COLONIAL SECRETARY―I beg to move the following resolution:―

Whereas, by the provisions of subsection (e) of Section 3 of the Opium Amendment Ordinance, 1,13, the Opium Ordinance, 1909, was amended by, inter alia, the repeal of Section 12 of the said Ordinance and the substitution of a new Section 12 therefor:―

And whereas by the provisions of subsection (4) of the new Section 12 aforesaid it was provided that―

"No person shall export or aid or abet the exportation of any raw opium from the Colony or the waters thereof, if such exportation shall have been notified in the Gazette in pursuance of any resolution of the Legislative Council as being illegal."

Now it is hereby resolved that the exportation of Persian Opium to any port other than the port of London or a port of the Island of Formosa shall, after the expiration of one week from the date of this resolution, be illegal, and it is further hereby resolved that a notification shall be made in the next issue of the Government Gazette accordingly.

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Proceeding, he said―This resolution has been brought forward to prevent the exportation of Persian Opium to any place or countries which prohibit such import. It has been agreed that Formosa is the only place to which this kind of opium could be exported from Hongkong for purposes of business. At the same time, in order to allow merchants a market in case the stuff is not required in Formosa, the port of London has been added as a place to which they may export surplus stocks. You will observe there is an addition to the part of the resolution as to when it comes into operation. It has been made at the instance of the merchants connected with the trade in order to enable them to dispose of surplus stocks at present in their possession.

THE ATTORNEY-GENERAL seconded, and the resolution was carried.

Kowloon-Canton Railway

THE COLONIAL SECRETARY moved the following resolution:―

It is hereby resolved that a sum of Dollars Four hundred and thirty thousand and sixty-eight and cents thirty ($430,068.30) be advanced out of funds in the custody of the Government for the construction of the Kowloon-Canton Railway (British Section) during the year 1913.

In doing so he said―In connection with this I beg to lay on the table a statement of the estimate of expenditure during the year 1913, together with other figures in connection with the expenditure on construction. I do not propose to proceed with the resolution to-day, but simply move that it be referred to the Finance Committee, when any further information required on the subject will be given. I may add that, as members are no doubt aware, it was anticipated that the whole of the capital expense would be covered by the repayments of the loan made to the Viceroy of Wuchang in 1905, in all amounting to £1,100,000, but owing to unforeseen items the cost of the construction would prove to be nearly £1,350,000. The extra £250,000 is to be raised by a special loan, a Bill providing for which appears on the orders of the day. The addition to the works to be defrayed by this loan are specified in the schedule of the Bill, the most important being the terminal station at Kowloon Point. When these have been finally disposed of the expenditure on actual construction account will cease, at all events until such time as it may be decided to complete the double line. Any special expenditure that may occur from

time to time after the cessation of the expense on construction will be added in the usual way to the departmental estimate.

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

Papers

THE COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table the Financial Returns for the year 1912 and Jurors' List for 1913.

The General Loan and Inscribed Stock Ordinance

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to declare the terms and conditions applicable to loans authorised to be raised by the Government of Hongkong and to provide for the creation of Hongkong Inscribed Stock."

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

The Objects and Reasons are:―The object of this Bill is to place on a satisfactory basis the general local Statutory Law relative to Loans raised by the Government and to provide for the Colony being able to create Inscribed Stocks and take advantage of the Imperial Acts relating thereto. The introduction of this Bill is made in compliance with instructions from the Secretary of State for the Colonies.

The Railway Loan Ordinance

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to make provision for raising a loan of two hundred and fifty thousand pounds sterling for the purposes of Railway Construction."

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

The Objects and Reasons attached to the Bill are:―The object of this Bill is to authorize the raising of a loan of £250,000

12 HONGKONG LEGISLATIVE COUNCIL

for defraying the cost of the completion of the Canton-Kowloon Railway and is introduced in compliance with instructions from the Secretary of State for the Colonies.

Offences Against the Person (Amendment) Ordinance

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Offences against the Person Ordinance, 1865." In doing so he said―I will add for the information of hon. members that the provisions of this Bill are taken very much from the English Children's Act of 1908 with some slight modifications for local conditions.

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

The Objects and Reasons are:―The object of this Bill is to provide an amplification of the present local Statutory Law dealing with cruelty to children. Under the present section 26 of The Offences against the Person Ordinance, 1865, abandonment or exposure of a child under the age of two years by which the life of the child is endangered or its health likely to be permanently injured is punishable with imprisonment for a period not exceeding three years. There is also no doubt that, under the Common Law which obtains in the Colony, it would be possible to proceed, in some cases, against persons guilty of serious cruelty to children, but not only is the procedure under the Common Law more cumbrous than when the principles are concisely contained in an Ordinance but also there may exist instances in which the Common Law affords unsatisfactory loopholes for escape. The provisions of this Bill are intended to remedy both these defects and they provide that any adult who wilfully assaults or neglects a child or young person so as to cause it unnecessary suffering or injury shall be duly punishable.

Mercantile Bank Note Issue Amendment Ordinance

THE ATTORNEY-GENERAL moved the second reading of a Bill entitled, "An Ordinance to amend the Mercantile Bank Note Issue Ordinance, 1911." In doing so he said―I think I need only say that the Ordinance as it stood was not considered by the Lords Commissioners of His Majesty's Treasury to give quite sufficient power with regard to the sale of all the funds which were placed at the disposal of the Crown agents in the case of necessity for the redemption of the Bank's note issue. The suggestion, then, which is

now being made by them is that they are clearly given full power as to the sale of these securities in their hands, in the event of it being necessary to redeem the notes.

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

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, with slight amendments, and moved that it be read a third time.

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

Vagrancy Amendment Ordinance

THE ATTORNEY-GENERAL moved the second reading of a Bill entitled, "An Ordinance to amend the Vagrancy Ordinance, 1897." In doing so he said― I need not deal at any length with this Ordinance, because hon. members will see exactly what it is intended to effect, but I might say this, that owing to it having been thought by some that the present wording is not very satisfactory I propose when the Bill comes into committee to move an amendment which puts forward safeguards so that it will not be reasonably possible for this Bill to be used improperly or in any vindictive or unusual fashion.

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

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, with amendments, and moved that it be read a third time.

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

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Revenue Officers Power of Arrest Ordinance, 1913

THE ATTORNEY-GENERAL moved that the Council go into committee on the Bill entitled, "An Ordinance to consolidate and amend the law relating to the powers of arrest of Revenue Officers."

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

On Council resuming,

THE ATTORNEY-GENERAL reported that the Bill had passed through committee, with amendments, and moved that it be read a third time.

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

HIS EXCELLENCY―Council stands adjourned until this day week.

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FINANCE COMMITTEE.

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

Maintenance of Buildings

The Governor recommended the Council to vote a sum of $4,000 in aid of the vote Public Works, Recurrent, New Territories, Buildings, Maintenance of Buildings― Mainland and Islands in Northern District.

THE CHAIRMAN―This refers to the quarantine station at present occupied by the military authorities.

HON. MR. HEWETT―In any case the buildings must be kept up?

THE CHAIRMAN―Yes. If we get rent so much the better.

Secret Service

The Governor recommended the Council to vote a sum of $4,000 in aid of the vote Harbour Master's Department, C.―Imports and Exports Office, Other Charges, Secret Service.

THE CHAIRMAN ― Numerous contraband articles have been seized, and the vote was exceeded. The seizures are not always a dead loss, as they are

disposed of to the credit of the Colony.

General Works

The Governor recommended the Council to vote a sum of $2,200 in aid of the vote Public Works, Extraordinary, Kowloon, Drainage, Training Nullahs ―General Works.

The Governor recommended the Council to vote a sum of $1,750 in aid of the vote Public Works, Extraordinary, Hongkong, Drainage, Training Nullahs, (d) General Works.

Volunteer Reserve

The Governor recommended the Council to vote a sum of $10,472 or £959 17s. 9d. at 1/10) in aid of the vote Military Expenditure, B.―Volunteer, Other Charges, Volunteer Reserve, Ammunition.

THE CHAIRMAN ― A certain amount of ammunition was to be held in reserve, but this amount is now reported by the military authorities to be insufficient. The new ammunition is more expensive then the old.

Mail Charges

The Governor recommended the Council to vote a sum of $222,000 in aid of the vote Post Office, Other Charges, Carriage of Mails:―

Share of Mail Subsidy ...................... $ 25,615 Transit Charges .................................. 196,385 ————

Total ............................. $222,000

————

THE CHAIRMAN―This is on account of charges incurred in previous years which could not be settled last year because the bills were not presented.

Inspector's Quarters

The Governor recommended the Council to vote a sum of $1,766 in aid of the vote Public Works, Extraordinary, Hongkong, Buildings, City Slaughter House.―Quarters for Additional Inspector.

P. W. D. Expenses

The Governor recommended the Council to vote a sum of $3,960 in aid of the vote Public Works Department:―

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Personal Emoluments ............................ $3,600 Other Charges, Conveyance

Allowance ...................................... 360 ———

Total ...................................... $3,960

———

THE CHAIRMAN―This is for an officer to look after the electric work. The new arrangement is expected to result in a saving on the whole.

Increases of Salaries

The Governor recommended the Council to vote a sum of $91,366 in aid of the votes of the following departments:―

1.― Various Departments, House Allowance to Messengers, etc. .......... $ 1,248 2.― Various Departments, Increase to subordinate officers not included in

the Grading Scheme ........................... 7,378 3.― Post Office, Subordinate Staff ........... 2,204 4.― Various Departments, Difference between conversion of salaries at 1s.

10d. (the rate adopted in the

Estimates for 1913) and 80 % at 1s.

9d. and 20 % at 1. 10d ........................ 50,909 5.― Public Works Departments Overseers, £350―80 % at 1s. 9d.

and 20 % at 1s. 10d. ............................ 3,964 6.― Medical Departments, Ward-masters, £65―80 % at 1s. 9d. and 20 % at 1s.

10d. ....................................................... 736 7.― Prison, Principal Warders and Warders ................................................ 5,933 9.― District Officer, Land Bailiff, £25― 80 % at 1s. 9d. and 20 % at 1s. 10d. . 283 11.― Supreme Court, Third Interpreter, £25 ........................................................ 283 12.― Police, European Police ..................... 7,750 13.― Various Departments, Local Officers on Dollar Salaries ................................ 10,028 14.― Audit Department, Senior Clerk ....... 650 ———

Total ......................................... $91,366

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HON. MR. EDE―What percentage to salaries do these increases approximate, 25 per cent.?

THE CHAIRMAN―Nothing like it.

HON. MR. EDE―Then it is quite inadequate. The matter will come up again. I am quite certain the cost of living has gone up infinitely higher than 25 per cent.

Police Emoluments

The Governor recommended the Council to vote a sum of $4,728 in aid of the vote Police and Prison Departments, A.―Police, Personal Emoluments:―

2 European Constables―Allowances as Detectives ..................................... $ 384 1 1st Class Chinese Sergeant .................. 300 1 2nd Class Chinese Sergeant ................ 240 House Allowances to 2 Chinese

Sergeants ........................................... 120 7 1st Class Chinese Constables .............. 1,260 8 2nd Class Chinese Constables ............ 1,200 Detective Allowance to 2 Chinese

Sergeants and 15 Chinese

Constables ......................................... 1,020 Ration Allowances to 2 Chinese

Sergeant and 15 Chinese

Constables ......................................... 204 ———

Total ................................ $4,728

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THE CHAIRMAN―This is on account of the recent recommendations for strengthening the Police Force which is rendered necessary by recent events.

The Railway Resolution

THE CHAIRMAN―Hon. members will find that this matter was gone into by the Colonial Secretary last year. You will find it in Hansard, page 82 of 1912. He gave a full explanation of everything that was asked for up to date, and that practically includes everything up-to-date now.

SIR KAI HO KAI―Including the station? THE CHAIRMAN―Yes.

HON. MR. ROSS―Does the $141,000 represent the cost of the station?

THE CHAIRMAN―That is what will be spent this year.

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