1913-12-18 — Page 1

98 HONGKONG LEGISLATIVE COUNCIL 18TH DECEMBER, 1913.

PRESENT:―

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

H.E. MAJOR-GENERAL F. H. KELLY, C.B.

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

HON. MR. J. A. S. BUCKNILL, K.C. (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 (Secretary for Chinese Affairs).

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

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

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

HON. MR. LAU CHU PAK.

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

The minutes of the last meeting were confirmed. Financial Minutes

THE COLONIAL SECRETARY, by command of His Excellency the Officer Administering the Government, laid on the table Financial Minutes Nos. 70 to 75 and 77 and 78, 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. 16) and moved its adoption.

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

Infectious Disease Bye-laws

THE COLONIAL SECRETARY―I beg to move that the Council approve of the bye-law made under section 16 of the Public Health and Buildings Ordinance, 1910, which runs as follows:―

"Bye-law No. 1 of the Notification of Infectious Disease Bye-laws made under Section 16 of the Public Health and Buildings Ordinance, 1903, and published at page 475 of the Regulations of Hongkong, 1910, is hereby amended by the insertion of the words "paratyphoid fever" between the words "relapsing fever" and "or" in the second line thereof.

The Bye-law as amended will read as follows:

(1.)― If any inmate of any premises be suffering from plague, cholera, smallpox, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing fever, paratyphoid fever, or puerperal fever, and if such inmate be under the care of a legally qualified and registered medical practioner the said medical practitioner shall forthwith furnish the Medical Officer of Health with a notification thereof in writing stating the name of such inmate and the situation of such premises. Such legally qualified medical practioner shall be entitled to receive, on application to the Secretary, the sum of $1 for each and every such notification."

I may add that this amendment to the bye-law has been passed unanimously by the Sanitary Board.

THE ATTORNEY-GENERAL seconded, and the motion was agreed to.

The Opium Ordinance

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend and consolidate the laws relating to Opium."

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

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The Attorney-General appends to the Bill the following statement of its Objects and Reasons:―

It having been decided that the Government shall, on the expiration, on the 1st day of March, 1914, of the existing Agreement with the Opium Farmer, assume entire control and management of the opium business hitherto leased out to private individuals, it has become desirable to re-cast the law which at present obtains relative to opium in order to adapt it to the altered conditions which will ensue in consequence of the change. The present law is contained in the Opium Ordinance, 1909, as printed in the Revised Edition of the Ordinances as amended by the Opium Amendment Ordinance, 1913.

The existing Ordinance, after defining the meaning of certain terms, is divided into four main parts: firstly, that which deals with Raw Opium; secondly, that which deals with Prepared Opium and Dross Opium; thirdly, that which deals with Morphine and Compounds of Morphine; and lastly, that which deals with the administrative and legal procedure and those penal provisions which are necessary for the execution or enforcement of the law. Some considerable portion of the existing law deals with the establishment and maintenance of the relations between Government and the Opium Farmer in connection with his exclusive privileges.

Broadly speaking the present Bill follows the existing law in arrangement and in principle, but besides omitting much of the existing Ordinance which relates solely to the rights enjoyed by the Opium Farmer, it introduces certain amplifications and alterations to which it is necessary to call specific attention.

In the first place it is proposed to delete entirely from the Bill the third part of the existing Ordinance which refers to Morphine and Compounds of Opium and to include these substances within the ambit of the Pharmacy laws for which purpose a Bill will be submitted shortly to the Legislative Council.

Secondly, the Bill contains a number of temporary provisions grouped together in Part IV. providing for those necessary details involved in the transference from the Opium Farmer to the Government of the undertakings carried on by the former.

Thirdly, it is endeavoured to make more effective the control over Raw Opium in its importation into, movements within and exportation from the Colony.

Lastly, the penalties are slightly altered, being in some cases of technical contravention of the law

diminished and in other cases of more serious breaches enhanced. The Bill is divided into four parts, after the usual preliminary formal definitions:―

Part I. (sections 5 to 18), deals with Raw Opium.

Part II. (sections 19 to 34), deals with Prepared Opium and Dross Opium.

Part III. is the general part dealing with administrative and legal procedure, powers of seizure and arrest, penalties and miscellaneous matters.

Part IV. comprises the temporary provisions to which reference has already been made.

The Dentistry Ordinance

THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to provide for the registration of qualified Dental Surgeons and otherwise to regulate the practice of dentistry."

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

The Objects and Reasons of the Bill are set out as follows by the Attorney-General:―

The object of this Ordinance is to endeavour to protect the public in some measure against the practice of dentistry by incompetent and unqualified persons.

The Bill contemplates the establishment of a Register of Dental Surgeons which shall be published annually in the Gazette and shall contain the names of all persons properly qualified to perform dental operations. The qualification for enrolment on the Register as a Dental Surgeon will be prescribed by regulation.

In order to protect the rights of any persons who may by long practice have acquired suitable proficiency in the subject without definite academic degree, the Bill enables certificates of exemption to be granted to such persons which will enable them to continue to earn their living in the manner in which they have hitherto done.

It seems impossible to interfere with the practice of dentistry by Chinese persons in view of the very large population of the Colony; there exist many thousands of persons who would not be able to afford payment for the services of those qualified professional men whose names would appear on the Register, nor does it seem reasonably

100 HONGKONG LEGISLATIVE COUNCIL

possible to suppose that there is at present or is likely to be in the immediate future a sufficient number of properly qualified dentists adequate to meet the wants of the masses of the inhabitants of the Colony. For this reason the Bill provides that it shall be lawful for persons of Chinese race to practise dentistry.

The Bill does not apply in any way to professional medical men.

Apart from the above limitations it is laid down in the Bill that no person other than a registered Dental Surgeon or exempted person shall in any way whatsoever hold himself out or offer his services as a Dental Surgeon, Doctor or under any other misleading appellation or title which would indicate that he is licensed or authorized or qualified in any way to perform dental operations; this restriction is of course applicable to all persons (except professional medical men) who are not on the Register as Dental Surgeons or exempted persons. The penalty for contravention of this prohibition against the use of misleading titles by unqualified persons is a heavy fine and the possibility of imprisonment.

HIS EXCELLENCY―Council will resume after the Finance Committee has sat, this being, presumably, the last meeting of the year.

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FINANCE COMMITTEE.

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The Officer Administering the Government recommended the Council to pass the following votes: ―

PUBLIC WORKS.

Seventeen thousand dollars ($17,000) in aid of the vote Public Works, Recurrent, Hongkong, Maintenance of Buildings.

Four thousand dollars ($4,000) in aid of the vote Public Works, Recurrent, Kowloon, Miscellaneous, Typhoon and Rainstorm Damages.

One thousand five hundred dollars ($1,500) in aid of the vote Public Works, Recurrent, New Territories, Communications, Maintenance of Telephones ― Mainland.

EDUCATION.

Nine hundred and thirty dollars ($930) in aid of the vote Education, A.―Department of Director of Education, Other Charges, Queen's College:―

Language Bonus ........................................... $900 Language Study Allowance (Chinese) to Assistant Master ....................................... 30 ——

Total ........................................ $930

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POLICE.

Eight thousand dollars ($8,000) in aid of the vote Police and Prison Departments, A.―Police, Other Charges, Secret

WATERWORKS.

Three thousand dollars ($3,000) in aid of the vote Public Works, Recurrent:―

Hongkong Water Works.

Water Account (Meters, etc.) .............. $1,500 Kowloon Water Works.

Maintenance of Water Works ............. 1,500 ———

Total ................................ $3,000

STABLES FOR SANITARY DEPARTMENT.

One thousand six hundred and sixty dollars ($1,660) in aid of the vote Public Works, Extraordinary, Hongkong, Buildings, Stables for Sanitary Department, adjoining No. 1 Police Station.

ROADS AND DRAINAGE.

Seven thousand three hundred and fifty dollars ($7,350) in aid of the vote Public Works, Extraordinary, Kowloon:―

Communications.

Roads and Streets―General Works ... $5,000 Drainage.

Miscellaneous Drainage Works .......... 2,350 ———

Total ................................ $7,350

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HIS EXCELLENCY having been notified that the meeting of the Finance Committee had concluded. re entered the Council Chamber and resumed his seat.

THE COLONIAL SECRETARY said― Sir. I have to report that the votes on the Financial Minutes which were presented by the Council to the Finance Committee have been considered by the Committee, who are unanimously of opinion that they should be passed by the Council, and I beg to move the adoption of this report.

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

HIS EXCELLENCY―Council will adjourn sine die.