1925-06-23 — Page 1

PRESENT:―

HONGKONG LEGISLATIVE COUNCIL 39

23RD JUNE, 1925.

on the 18th June, 1925.

HIS EXCELLENCY THE GOVERNOR (SIR REGINALD EDWARD STUBBS, K.C.M.G.). HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS (MAJOR-GENERAL C. C. LUARD, C.B., C.M.G.)

THE COLONIAL SECRETARY (HON. SIR CLAUD SEVERN, K.B.E., C.M.G.).

THE ATTORNEY-GENERAL (HON. SIR HENRY POLLOCK, K.C.).

THE COLONIAL TREASURER (HON. MR. C. MCI. MESSER, O.B.E.).

HON. MR. H. T. CREASY (Director of Public Works).

HON. MR. D. W. TRATMAN (Secretary for Chinese Affairs).

HON. DR. J. B. ADDISON, M.B.E. (Principal Civil Medical Officer).

HON. MR. P. H. HOLYOAK.

HON. MR. A. O. LANG.

HON. MR. CHOW SHOU-SON.

HON. MR. H. W. BIRD.

HON. MR. R. H. KOTEWALL.

HON. MR. C. G. ALABASTER, K.C., O.B.E. MR. A. G. M. FLETCHER, C.M.G., C.B.E., (Clerk of Councils).

Minutes

The minutes of the previous meeting were confirmed.

Papers

THE COLONIAL SECRETARY, by command of H.E. the Governor, laid upon the table the following papers:―

Rules made under section 18 of the Prisons Ordinance, 1899, on the 21st May, 1925.

Regulations made under section 2 of the Public Places Regulation Ordinance, 1870

Regulation made under section 6 of the Dogs Ordinance 1893, on the 18th June, 1925.

Regulations made under section 2 of the Plants Ordinance, 1920, on the 18th June, 1925.

Amendments to the University Ordinance, 1911.

Finance

THE COLONIAL SECRETARY, by order of H.E. the Governor, laid upon the table Financial Minutes Nos. 29 to 34 and moved that they be referred to the Finance Committee.

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

THE COLONIAL SECRETARY, by command of H.E. the Governor, laid upon the table the report of the Finance Committee, No. 6, and moved that it be adopted.

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

Telephone Ordinance

THE ATTORNEY-GENERAL ― I beg to move the second reading of the Bill intituled, An Ordinance for the establishment of an improved telephone service in the Colony.

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

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

In line three of Clause 4 of the Bill the word "thereof" was deleted.

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In Clause 7 the sentence "In cases where direct exchange telephones have been used" was altered to "In cases where direct exchange line telephones have been used."

In sub-section (e) of Clause 8 the sentence "It may place and maintain telephone and cables under, in, upon, over, etc.", was changed by the addition of the word "lines" after telephone.

In Clause 26, "this concession" was changed to "the concession" and the last words of the Clause "or impairing the efficiency of any other undertaking" were altered to "or impairing the efficiency of the undertaking of any other person."

In Clause 29 the words "or road" were deleted from the sentence "or along any street or road in the City of Victoria."

In Clause 30 the words "of Public Works" were omitted after "Director."

In Clause 33 the word "section" was substituted for the word "clause."

In sub-section (4) of Clause 35 the sentence "any sums expended in works" was changed to "any sums expended on works."

In sub-section (1) of Clause 36 in the sentence "on the paid-up Capital of the Company" the words "for the time being" were added after Capital. In sub-section (2) of the same clause the words "on the paid-up Capital for the time being of the Company" were added after the words "twelve per cent. per annum" and the words "for the time being" were added after "Capital" in line 5 of this sub-section.

In the last paragraph but one of Clause 37 after the word "annum" there were added the words "on the paid up Capital for the time being of the Company." In the last paragraph of Clause 37 the words "per annum on the paid up Capital for the time being" were substituted for the words "to shareholders."

In Clause 39 the word "aforesaid" was deleted and the "s" of "Concessions" was deleted. In Clause 43, sub-section (a) "existing undertaking" was changed to "existing telephone undertaking."

In the fifth line of Clause 44 the words "or works" were omitted.

In sub-section (c) Clause 44, the word "the" was added before Great Northern Telegraph Company, and in the last paragraph

of the Clause "Government" was changed to "Governor-in-Council" in lines 1 and 6, and the words "the Government" were changed to "he" in line 2.

In line 9 of Clause 46 the words "twenty five" were inserted before years in the phrase "for a further period of years." In sub-section (b) of this Clause "Government" was changed to "Governor-in-Council" and in sub-section (c) a similar alteration was made in line seven.

In Clause 48, "this concession" was changed to "the concession" and in Clause 52, lines 6 and 7, the word "Colony" was substituted for the words "said Colony."

HON. MR. H. W. BIRD―Is there nothing in the Ordinance to give the Company the right to put their posts and wires on private buildings? Should not that be allowed for in the Ordinance?

H.E. THE GOVERNOR―I think allowance is made for that.

HON. MR. H. W. BIRD ― There are restrictions against putting them on public buildings.

THE ATTORNEY-GENERAL―Your point is that the Company now has to depend on the owner of the property for permission.

HON. MR. H. W. BIRD―The Company should have the right to put up their wires on private buildings if necessary, but perhaps the point is not worth bothering about.

H.E. THE GOVERNOR ― There is the question whether that is a matter for agreement between the Company and the property owner. Unless you give the Company compulsory powers I do not think it is necessary to introduce the subject into the Ordinance.

Council then resumed.

HON. MR. HOLYOAK―Subject to your ruling, Sir, the Hon. Mr. Chow Shou Son, the Hon. Mr. Kotewall and I, being interested as Directors of the Company, do not propose to vote on this Bill.

H.E. THE GOVERNOR―I think that is correct.

HONGKONG LEGISLATIVE COUNCIL 41

THE ATTORNEY-GENERAL ― I beg to move the third reading of the Bill.

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

Governor's Departure Postponed

H.E. THE GOVERNOR―I had anticipated at the time when the meeting of the Council was fixed for to-day that this would have been the last time that I should have the honour of presiding over your deliberations, and I had proposed to take the opportunity of bidding you a formal farewell.

In view, however, of the events of the last week and of the situation brought about by the machinations of evil-disposed persons outside the Colony and the folly and weakness of some of its inhabitants, I have felt it to be my duty to postpone my departure, and I have informed the Secretary of State that it is my intention to remain here until the existing clouds have passed by.

I cannot bring myself to believe that any prolonged delay will be involved as I feel confident that in a very short time the common sense of the people who have ceased work will lead them to see the extreme folly of the couse which they have been induced to take, a course which will do more harm to themselves than to anybody else.

This is not a case of a "strike" in the proper meaning of the word, where the strikers rightly or wrongly consider themselves to have grievances which require to be redressed and which therefore can be made the subject of discussion and, if necessary, of adjudication or of compromise.

In this case there is no grievance―no shadow of a grievance―felt by those who have ceased work. There is nothing to discuss, nothing on which to adjudicate or to compromise. A certain number of the inhabitants of the Colony have been induced by agencies outside the Colony to cease work not in order to obtain a remedy for any wrongs but in order merely to cause embarrassment and inconvenience to the life of the community.

We know that in practically every case the men who have ceased work have done so not because they wished to do so but because

they have been intimidated. It is pitiful to think how little intimidation is required to induce the worker to break his contract and to sacrifice his own interests. Vague threats spread by word of mouth, dire warnings of the consequences of remaining at work conveyed by letters ― usually illiterate productions which might emanate from a half educated or half witted school boy ― professing to be sent by persons who "dare to die," but who dare not show themselves openly.

These have been sufficient to induce able bodied men to throw up remunerative employment and even, forgetful of the hardships endured by the strikers who went to Canton in 1922, to leave the Colony.

I cannot but believe that in a very short time those people will come to their senses. What have they to fear? This Government is not without power and it will use its power to the uttermost to protect everybody who lives under its shadow.

If any person is molested by intimidators his course is clear. If he wishes to work he is entitled to do so and if anybody by force or threats endeavours to prevent him from working he should seek the protection of the police. If he will give the police such evidence as will lead to the conviction of the man he will receive a reward of $250 and, if he is afraid of personal consequences his name will be kept secret. If, however, as I trust will be the case, he is prepared to stand upon his rights, he can seize the intimidator and hand him over to the nearest police or military patrol and he would be justified in using whatever measure of force is necessary to effect the capture. In such a case the Government would double the reward.

If, though the risk is very remote, any man should lose his life in resisting unlawful interference with his right to work, the Government will pay $2,000 to his family, and if anyone is injured in similar circumstances it will make to him such payment as appears appropriate to the case.

The Government now calls upon all well disposed persons to continue their ordinary work without fear, and to assist the Government to the utmost of their power to suppress an agitation which is

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not a genuine strike movement but an intrigue against all law and order and, as such, just as much a menace to the Chinese as to the European community.

The lawless persons who are responsible for this agitation have endeavoured to set the Chinese against the Government by spreading stories that the Government is hostile to the Chinese, that it intends to starve them into sub-mission, to cut off their water supply and even to shoot down unoffending people in the streets.

It should scarcely be necessary for me to say that these stories are all lies, which could only be believed by people who have been demoralised by groundless terrors, caused by vague threats, at which in their saner moments they would merely laugh.

This Government is above any considerations of person or race. It recognizes only one distinction―between those who are law-abiding and those who are not.

Those who obey the laws have nothing to fear. They will be protected to the utmost. Those who endeavour to disturb the peace of the Colony will be treated, as is the way of the English, justly but sternly. Any attempts at disorder will be relentlessly suppressed.

I should like to add, concluded His Excellency, that I am very glad to acknowledge the readiness with which the Chinese community―with the exception of those poor sheep who have been driven out of their senses by intimidators ― have come forward to help, and I shall be glad if the Chinese members of the Council will convey to them the recognition of their services by this Council.

HON. MR. HOLYOAK―Sir, on behalf of the Unofficial Members may I say that not only we, but the entire community, welcome the announcement Your Excellency has made this afternoon. From the moment the crisis arose we never had the slightest doubt that Your Excellency would act as you have done, and although we sincerely regret the postponement of your holiday the fact that you are staying will, we feel sure, lead to increased confidence in the Government of the Colony during the present crisis.

The Council then adjourned sine die.

FINANCE COMMITTEE

A meeting of the Finance Committee followed, the COLONIAL SECRETARY presiding.

Gratuity to Mr. J. Duncan

The Governor recommended the Council to vote a sum of $10,000 on account of Miscellaneous Services, Gratuity to Mr. J. Duncan.

THE CHAIRMAN ― This has been sanctioned by the Secretary of State.

Approved.

Lai Chi Kok Prison

The Governor recommended the Council to vote a sum of $400 on account of Prison Department, Special Expediture, Cement for Lai Chi Kok Prison.

THE CHAIRMAN―This cement is for the courtyard at Lai Chi Kok prison. The courtyard now very quickly becomes a quagmire in rainy weather.

Approved.

Berlin Mission

The Governor recommended the Council to vote a sum of $292,000 in aid of the vote Public Works, Extraordinary, Miscellaneous, 40, Compensations and Resumption.

THE CHAIRMAN―This is the sum which is to be paid to the Berlin mission when the Government take over their premises. It has already been approved by hon. members.

Kowloon-Canton Railway

The Governor recommended the Council to vote a sum of $8,450 on account of Kowloon Canton Railway, Special Expenditure, Extension to Sidings at Loco Yard.

THE CHAIRMAN―This is a re-vote. Approved.

HONGKONG LEGISLATIVE COUNCIL 43

Typewriters

The Governor recommended the Council to

The Governor recommended the Council to vote a sum of $490 in aid of the vote Miscellaneous Services, Purchase and Upkeep of Typewriters.

THE CHAIRMAN ― This is for two typewriters. One is needed for the Electrical Engineers' Office and one for the Port Engineer's office.

Approved.

Pension

vote a sum of $220 on account of Charitable Services, Charitable Pensions to Yeung Yau Kwan, widow of the late detective C611 So Kin Cho.

THE CHAIRMAN―Detective So Kin Cho was killed in the execution of his duty. It is usual to give two-thirds of the salary being earned on the day of death as a pension to the widow.

Approved.