1947-05-08 — Page 1

HONG KONG LEGISLATIVE COUNCIL 159

8th May, 1947.

PRESENT: —

HIS EXCELLENCY THE GOVERNOR (SIR MARK AITCHISON YOUNG, G. C. M. G.)

THE HON. THE OFFICER COMMANDING THE TROOPS (BRIGADIER F. H. C. ROGERS, C.B.E., D.S.O., M.C.)

THE COLONIAL SECRETARY (HON. MR. D. M. MACDOUGALL, C.M.G.) THE ATTORNEY GENERAL (HON. MR. J. B. GRIFFIN, K.C.)

THE SECRETARY FOR CHINESE AFFAIRS (HON. MR. R. R. TODD).

THE FINANCIAL SECRETARY (HON. MR. C, G. S. FOLLOWS, C.M.G., Acting). HON. MR. T. MEGARRY.

HON. MR. V. KENNIFF (Director of Public Works).

HON. DR. I. NEWTON (Acting Director of Medical Services). HON. MR. D. F. LANDALE.

HON. MR. CHAU TSUN-NIN, C.B.E.

HON. MR. LO MAN-KAM, C.B.E.

HON. MR. R. D. GILLESPIE.

HON. DR. CHAU SIK-NIN.

HON. MR. M. M. WATSON.

MR. ALASTAIR TODD (Deputy Clerk of Councils).

ABSENT: —

HON. MR. LEO D'ALMADA E CASTRO.

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MINUTES.

The Minutes of the meeting held on 1st May, 1947, were confirmed. PAPERS.

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

The Prisons (Amendment) Rules, 1947, made by the Governor in Council under Section 17 of the Prisons Ordinance, 1932, Ordinance No. 38 of 1932, dated 31st January, 1947.

Notification made by the Governor in Council under Section 122 of the Buildings Ordinance, 1935, Ordinance No. 18 of 1935, dated 1st February, 1947.

Order made by the Governor under Section 18 of the Quarantine and Prevention of Disease Ordinance, 1936, Ordinance No. 7 of 1936, declaring Canton an infected place on account of smallpox, dated 4th February, 1947.

Additional items and amendments made by the Acting Director of Supplies, Trade and Industry under Defence Regulation 50 of the Defence Regulations, 1940, to the Schedule to the Price Control Order, 1946, on 5th February, 1947.

Amendment made by the Hong Kong Tramways Limited on 3rd February, 1947, and approved by the Governor in Council on 10th February, 1947, under Section 36(8) of the Tramway Ordinance, 1902, Ordinance No. 10 of 1902, to the Rules.

Order made by the Governor in Council under Section 8 of the Law Amendment (Transitional Provisions) Ordinance, 1946, Ordinance No. 2 of 1946, amending Schedule III to the said Ordinance, dated 10th February, 1947.

Additional items and amendments made by the Acting Director of Supplies, Trade and Industry under Defence Regulation 50 of the Defence Regulations, 1940, to the Schedule to the Price Control Order, 1946, on 12th February, 1947.

THE ATTORNEY GENERAL presented the report of the Standing Law Committee upon its consideration of the Bill intituled “An Ordinance to consolidate and amend the law relating to the restriction of rents.”

He said: I beg to present the report of the Standing Law Committee, to which the Bill intituled “The Landlord and Tenant Ordinance, 1947” was referred by Council for the Committee's consideration, after the Second reading of the Bill at the Council meeting on the 24th April. The Committee's recommendations and the reasons therefor are contained in the itemised schedule to the report which is now presented. The most material amendments are those

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recommended and discussed in items 1, 4, 5, 6, 7 and 11. It will be seen that the most material amendment which is recommended is in regard to Clause 3 of the Bill, which clause deals with the exceptions from application of the Ordinance, a clause which is a controversial provision of the Bill. The Committee's report also presents a reprint of the Bill amended so as to embody the Committee's recommendations. It is proposed to publish such reprint of the Bill to enable the procedure prescribed by Standing Order 27 (14) of the Standing Orders of Council to be followed when the Committee stage and the Third reading of the Bill are reached.

QUESTIONS.

HON. MR. M. M. WATSON asked: —

Whether Government is aware of the urgency of provision being made for effecting the following matters, and would state the present position: —

(a) The change of the currency of their Capital by former China Companies now registered, and

(b) The transfer back to Hong Kong of Hong Kong and China Companies temporarily registered in the United Kingdom and elsewhere.

THE COLONIAL SECRETARY replied:

The Government is aware of the urgent necessity for making provisions regarding the matters which form the subject of this question and throughout its correspondence with the Secretary of State on the subject it has pressed for an early decision. Honourable Members are no doubt aware of the many complexities involved in the matters at issue and of the necessity for minute examination of any proposed legislation.

Draft bills dealing with the question raised by the Honourable Member were forwarded to the Secretary of State some time ago. His reply has now been received and it is hoped to issue a full statement in the immediate future.

MOTIONS.

THE ATTORNEY GENERAL moved: —

That the amendments made by the Urban Council on the 29th day of April, 1947, under section 5 of the Public Health (Food) Ordinance, 1935, Ordinance No. 13 of 1935, to the by-laws contained in the Schedule to the said Ordinance, be approved. He said: As members are aware, by-laws of the Urban Council require to receive the approval of this Council.

THE COLONIAL SECRETARY seconded, and the motion was carried.

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HONG KONG DOLLAR LOAN AMENDMENT BILL, 1947.

THE ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to amend the Hong Kong Dollar Loan Ordinance, 1934, to provide for the redemption of bonds due for redemption in past years."

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

On the motion of the Attorney General, seconded by the Colonial Secretary, Council then went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Hong Kong Dollar Loan Amendment Bill, 1947, had passed through Committee without amendment and moved that it be read a Third time and passed into law.

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

PAWNBROKERS AMENDMENT BILL, 1947.

THE ATTORNEY GENERAL moved the Second reading of a Bill intituled “An Ordinance to amend the Pawnbrokers Amendment Ordinance, 1946.”

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

On the motion of the Attorney General, seconded by the Colonial Secretary, Council then went into Committee to consider the Bill clause by clause.

Upon Council resuming,

THE ATTORNEY GENERAL reported that the Pawnbrokers Amendment Bill, 1947, had passed through Committee without amendment and moved that it be read a Third time and passed into law.

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

ADJOURNMENT.

H. E. THE GOVERNOR. — Honourable Members, as this is in all probability the last occasion on which I am presiding in this Council, I wish before adjourning the Council to express, not, of course, my farewell to Honourable Members—for that I have had and shall have other opportunities of expressing—but my appreciative recognition of the fact that the Colony has during this past year been well and truly served by this present Council, and my conviction that Hong Kong has every reason to look forward with confidence to the service which will be given to it by the Legislative Council of the future. Honourable Members, I now adjourn this Council sine die.