1930-12-11 — Page 1

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11th December, 1930.

PRESENT:―

HIS EXCELLENCY THE GOVERNOR (SIR WILLIAM PEEL, K.B.E., C.M.G.).

THE COLONIAL SECRETARY (HON. Mr. E. R. HALLIFAX, C.M.G., C.B.E.).

THE ATTORNEY GENERAL (HON. MR. C. G. ALABASTER, K.C., O.B.E.).

THE SECRETARY FOR CHINESE AFFAIRS (HON. MR. A. E. WOOD).

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

HON. MR. H. T. CREASY, C.B.E. (Director of Public Works).

HON. MR. E. D. C. WOLFE, C.M.G. (Inspector General of Police).

HON. COMMANDER G. F. HOLE, R.N. (Retired) (Harbour Master).

HON. DR. A. R. WELLINGTON (Director of Medical and Sanitary Services). HON. SIR SHOU-SON CHOW, KT.

HON. MR. W. E. L. SHENTON.

HON. MR. J. OWEN HUGHES.

HON. MR. R. H. KOTEWALL, C.M.G., LL.D.

HON. MR. J. P. BRAGA.

HON. MR. S. W. TS'O, O.B.E., LL.D.

HON. MR. C. G. S. MACKIE.

HON. MR. J. J. PATERSON.

MR. N. L. SMITH (Deputy Clerk of Councils).

ABSENT:―

HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS (MAJOR-GENERAL J. W. SANDILANDS, C.B., C.M.G., D.S.O.).

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MINUTES.

The minutes of the previous meeting of the Council were confirmed.

PAPERS.

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

Regulation under section 3 (1) of the Opium Ordinance, 1923, on 2nd December, 1930. Resolution under section 31 (1) of the Rating Ordinance, 1901, on 4th December, 1930. Notification under section 31 (1) of the Rating Ordinance, 1901.

Anglo-Italian Agreement re Passenger Ship Certificates and Emigrant Ship Regulations. Order under section 3 of the Dogs Ordinance, 1927, on 8th December, 1930. CROWN LANDS RESUMPTION AMENDMENT ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to amend the Crown Lands Resumption Ordinance, 1900." He said: The object of this Ordinance is to simplify the procedure in connection with the resumption of Crown Lands.

THE COLONIAL SECRETARY seconded and the Bill was read a second time. Council then went into Committee to consider the Bill clause by clause. Upon Council resuming,

THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment and moved the third reading.

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

ENTERTAINMENTS TAX ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to impose Duties in respect of admission to Entertainments." He said: The object of this Bill is to

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impose an entertainment duty, to the extent stated in the first Schedule, on entertainments in the Colony, and it follows on general lines similar legislation in England.

THE COLONIAL SECRETARY seconded and the Bill was read a second time. Council went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment and moved the third reading.

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

PIERS AMENDMENT ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to amend further the Piers Ordinance, 1899."

THE COLONIAL SECRETARY seconded and the Bill was read a second time. Council went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment and moved the third reading.

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

STAMP AMENDMENT ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to amend further the Stamp Ordinance, 1921." He said: This imposes duties as stated in the Memorandum of "Objects and Reasons." Amongst those duties is the raising of the cheque duty from five cents to ten cents, which is effected by Clause 3 of the Bill. The second paragraph of that Clause is intended to enable people, having unused five cent cheque books in their possession at the end of the year, two months' time in which to use them up. They are allowed to do so by adding a five cents revenue stamp to them. Two months was the period allotted in a similar case when the cheque duty was last altered. After two months, people who still have these cheques will, presumably, apply to the Treasurer for a refund.

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THE COLONIAL SECRETARY seconded and the Bill was read a second time. Council went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment and moved the third reading.

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

THE TUNG WAH HOSPITAL ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to make certain provision relating to the corporation named The Tung Wah Hospital." He said: In Committee, I propose, in accordance with Your Excellency's direction, to move certain small amendments to this Bill, all of an immaterial nature, inasmuch as these amendments will take out of the Bill references to property which no longer exist; that is to say, in Clause 4 of the Bill I shall move the deletion of sub-clause "D" which will involve the re numbering of the subsequent clauses. Sub-clause "D" refers to a piece of land on which, in 1911, it was proposed that a small-pox hospital should be erected by the Tung Wah Hospital Committee and an Ordinance in that year was passed relating to it―Ordinance No. 38 of 1911, which is referred to in the said sub-clause. But such is the good health of Kowloon, that we find in 1921 this small-pox hospital was being used as a cracker factory and, in January of that year, it blew up. It has never been used since and no Crown lease has ever been granted, and so there is no property in the Committee. For that reason, I shall suggest we delete that clause. In the Schedule there is a reference to a number of properties―leasehold properties―which Section 7 of the Bill will cause to be transferred to the new Directors, insofar as the residue of the unexpired terms of the leases are concerned. One of these properties, No. 11, Kowloon Inland Lot 1164, was a property on a lease which was unexpired when this Bill was drafted, but the lease has run out in the course of this year. Consequently, there is no unexpired portion to transfer. So I shall propose, with Your Excellency's direction, to delete the item No. 11 and re-number the subsequent sections. This will not prevent the Directors, if they wish to have the property assigned to them under a new lease, applying to the Government for a new lease, but at present there is nothing to convey. Subject to these reservations, I beg to move that the Bill be read a second time.

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

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

THE ATTORNEY GENERAL.―I beg to move the deletion of paragraph (d) of Clause 4 and the consequential re-numbering of the following paragraphs, for the reasons I gave when I moved the second reading of the Bill.

THE COLONIAL SECRETARY seconded and the amendment was agreed to.

THE ATTORNEY GENERAL.―I beg to move the deletion of item 11 in the First Schedule, for the reasons given when I moved the second reading, and the consequential re numbering of the subsequent items as Nos. 11 to 42.

THE COLONIAL SECRETARY seconded and the amendment was agreed to. Upon Council resuming,

THE ATTORNEY GENERAL.―I beg to report that when this Bill was in Committee, certain alterations were agreed to. In my opinion they are immaterial, and I trust Your Excellency agrees, in that they do not take away anything that already existed but delete something that is really non-existent. If Your Excellency holds that these amendments are immaterial, I beg to move the Bill be read a third time and passed.

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

REVENUE OFFICERS' POWER OF ARREST AMENDMENT ORDINANCE, 1930.

THE ATTORNEY GENERAL moved the second reading of a Bill intituled "An Ordinance to amend the law relating to the powers of arrest possessed by revenue officers." He said: This is purely a revision Bill.

THE COLONIAL SECRETARY seconded and the Bill was read a second time. Council went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Bill had passed through Committee without amendment and moved the third reading.

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

THE ADJOURNMENT.

H.E. THE GOVERNOR.―It is necessary that there should be one other short meeting before the end of the year to adopt the Report of the Finance Committee. It is not certain what date it will be, so the Council stands adjourned sine die.