1941-04-24 — Page 1

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24th April, 1941.

PRESENT: —

HIS EXCELLENCY THE GOVERNOR (SIR G. A. S. NORTHCOTE, K.C.M.G.).

HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS, (MAJOR GENERAL A. E. GRASETT, C.B., D.S.O., M.C.).

THE COLONIAL SECRETARY (HON. MR. N. L. SMITH, C.M.G.)

THE ATTORNEY GENERAL (HON. MR. C. G. ALABASTER, O.B.E., K.C.). THE SECRETARY FOR CHINESE AFFAIRS (HON. MR. R. A. C. NORTH). THE FINANCIAL SECRETARY (HON. MR. R. R. TODD, Acting).

HON. DR. P. S. SELWYN-CLARKE, M.C., (Director of Medical Services). HON. MR. A. B. PURVES (Director of Public Works).

HON. MR. J. P. PENNEFATHER-EVANS (Commissioner of Police). HON. MR. J. J. PATERSON.

HON. MR. S. H. DODWELL

HON. MR. LO MAN-KAM.

HON. MR. LEO D'ALMADA E CASTRO, JNR.

HON. MR. A. L. SHIELDS.

HON. MR. W. N. T. TAM.

HON. MR. T. E. PEARCE.

HON. MR. LI TSE-FONG.

MR. C. B. BURGESS (Deputy Clerk of Councils).

ABSENT: —

HON. MR. W. J. CARRIE (Chairman of the Urban Council).

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MINUTES.

The Minutes of the previous meeting of the Council were confirmed. NEW MEMBER.

The Hon. Mr. J. P. Pennefather-Evans (Commissioner of Police) took the Oath of Allegiance and assumed his seat as a member of the Council.

PAPERS.

THE COLONIAL SECRETARY. —By Your Excellency's command I lay on the table certain papers, copies of which are already in the hands of Hon. Members with two exceptions—the Regulations of Hong Kong (1937 Edition), Volume III, 1915-1931, copies of which will be distributed after the meeting, and a typescript of the Report on the recent Census conducted by the Corps of Air Raid Wardens. This latter will shortly be printed in the form of a Sessional Paper and circulated in due course.

Amendment made by the Governor under the Emergency Powers (Defence) Acts, 1939 and 1940, as applied to the Colony by the Emergency Powers (Colonial Defence) Orders in Council, 1939 and 1940, to the Defence Regulations, 1940; dated 20th March, 1941.

Order made by the Director of Supply under regulation 50 of the Defence Regulations, 1940, with the consent of the Governor, dated 20th March, 1941.

Order made by the Governor under section 8 (1) of the Jury Ordinance, 1887, Ordinance No. 6 of 1887, dated 22nd March, 1941.

Order made by the Controller of Trade under regulation 50 of the Defence Regulations, 1940, with the consent of the Governor, prohibiting the export except by licence of certain goods, dated 29th March, 1941.

Order made by the Governor in Council under section 5 (1) of the Immigration Control Ordinance, 1940, Ordinance No. 32 of 1940, prescribing a special immigration signal to be hoisted by all vessels on entering the harbour, dated 2nd April, 1941.

Amendments made by the Governor in Council to certain regulations for incorporation in Volume III of the Regulations of Hong Kong, dated 3rd April, 1941.

The Conditions of Employment and Arbitration Order, 1941, made by the Governor under regulation 51B of the Defence Regulations, 1940, dated 4th April, 1941.

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Order made by the Controller of Trade under regulation 50 of the Defence Regulations, 1940, with the consent of the Governor, prohibiting the importation of Aniline Dyes, Drugs, Medicines or Chemicals, dated 4th April, 1941.

Order made by the Governor under section 2 of the Public Revenue Protection Ordinance, 1927, Ordinance No. 9 of 1927, giving full force and effect to the provisions of the proposed Legislative Council resolution regarding duties on toilet preparations, dated 10th April, 1941.

Direction made by the Superintendent of Imports and Exports under section 6 (13) of the Dutiable Commodities Ordinance, 1931, Ordinance No. 36 of 1931, as to the affixing of duty paid labels on toilet preparations, dated 10th April, 1941.

The Public Officers (Registration of Persons and Immigration Control) Powers of Search and Arrest Regulations, 1941, made by the Governor under the Emergency Powers (Defence) Acts, 1939 and 1940, as applied to the Colony by the Emergency Powers (Colonial Defence) Orders in Council, 1939 and 1940, dated 7th April, 1941.

Proclamation No. 3. —Crown Rents (Apportionment) Ordinance, 1936, Ordinance No. 4 of 1936, to come into operation as regards certain lots as from 21st March, 1941.

Administration Reports, 1939: —

Part I. —General Administration: —

Report of the Secretary for Chinese Affairs.

Part III. —Public Health: —

Report of the Director of Medical Services.

Sessional Papers, 1941: —

No. 1. —Report by Sir David J. Owen on the Future Control and Development of the Port of Hong Kong.

No. 2. —Jurors List for 1941.

Regulations of Hong Kong (1937 Edition), Volume III, 1915-1931. Hong Kong Corps of Air Raid Wardens Census Report (Typescript). URBAN COUNCIL BY-LAWS

THE ATTORNEY GENERAL. —I rise to move that the amendments made by the Urban Council under section 4 (XVI) of the Public

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Health (Sanitation) Ordinance, 1935, on the 25th day of March, 1941, to the by laws under the heading "Conservancy" contained in Schedule A to that Ordinance, to take effect on 1st May, 1941, be approved. These amendments are necessitated by the recent decision to institute a departmental service for the removal of night-soil in certain districts.

THE COLONLAL SECRETARY seconded, and the motion was approved.

THE ATTORNEY GENERAL. —I rise to move that the Third Volume of the new edition of the Regulations of the Colony which has been prepared under the authority of the Ordinances and Regulations of Hong Kong (1937 edition) Ordinance, 1936, as amended by Ordinance No. 18 of 1939, and which has this day been laid before this Council be approved. This is the third volume of the Regulations and is a companion to the third volume of Ordinances, which were approved some time ago. As the Colonial Secretary has stated, copies of this will be sent to every member of this Council to-day or to-morrow.

THE COLONIAL SECRETARY seconded, and the motion was approved.

MISCELLANEOUS LICENCES AMENDMENT BILL, 1941.

THE ATTORNEY GENERAL. —I rise to move the first reading of a Bill intituled "An Ordinance to amend the Miscellaneous Licences Ordinance, 1933." The object of this Bill is explained in the memorandum attached to it. I would like to give formal notice that when the Bill has passed its second reading, and when Council is in Committee, I will move a small amendment to Regulation 2 (1) of Section 6. As it stands in the Bill before members, the Regulation states: ‘Every timber store shall be maintained in a good state of repair and cleanliness to the satisfaction of the Director of Public Works.’ In Committee, I propose to move the substitution of the words 'Every timber store shall be constructed and maintained in good and substantial repair and clean condition, to the satisfaction of the Licensing authorities.' The Licensing Authorities in this particular cast being the Chief Officer of the Fire Brigade and not the Director of Public Works.

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

Objects and Reasons.

The “Objects and Reasons” for the Bill were stated as follows: —

1. The object of this Bill is to provide for the better control and supervision of timber stores particularly with regard to the danger arising from fire.

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2. Clause 2 of the Bill amends section 2 of the principal ordinance by adding a definition of "Timber store".

3. Clause 3 of the Bill repeals section 12 of the principal Ordinance and substitutes a saving clause which makes it clear that the provisions of the Ordinance are supplementary to and not in substitution for those of other enactments relating to the matters regulated by the principal Ordinance.

4. Clause 4 of the Bill adds timber stores to the list of places, trades, businesses or occupations for which a licence is required in the First Schedule.

5. Clauses 5, 6 and 7 of the Bill make provision, by the addition of regulations to the Second Schedule to the principal Ordinance, for the licensing and control of timber stores.

TRIBUTE TO DIRECTOR OF AIR RAID PRECAUTIONS AND TO THE CORPS OF AIR RAID WARDENS

AND TO SIR DAVID OWEN.

H.E. THE GOVERNOR. —Honourable Members, —Before adjourning the Council I wish to refer to two documents which were laid this afternoon by the Honourable the Colonial Secretary.

In the first place I wish to commend warmly the admirable work done by the Hong Kong Corps of Air Raid Wardens in the recent population-count, and to mention in particular its organizers, namely, Wing Commander A. H. S. Steele Perkins, O.B.E., Director of Air Raid Precautions, Mr. A. E. Gerondal, Deputy Chief Air Raid Warden Hong Kong, Mr. M. L. Bevan, Read Warden and Mr. C. T. Bailey, District Warden. This highly useful census work lay completely outside the proper duties of the Corps and entailed a great deal of labour upon them. Nevertheless, it was cheerfully undertaken by the Corps in the most public-spirited manner and carried out with great success. I thank them for what they have done for the Colony.

In the second place I wish to record the Colony's great gratitude to Sir David J. Owen for his labours here and for the very valuable Report on the Future Control and Development of the Port of Hong Kong which has resulted therefrom. Sir David Owen undertook this onerous and very important work without remuneration to himself, as a contribution to the Empire's war effort. I regret to have heard recently that Sir David Owen was taken ill on his way home and I know that this Council join me in the sympathetic hope that by now he has fully recovered. (Applause).

ADJOURNMENT.

H.E. THE GOVERNOR. —Council stands adjourned sine die.