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HONG KONG LEGISLATIVE COUNCIL 261

OFFICIAL REPORT OF PROCEEDINGS

Meeting of 4th October 1961

PRESENT:

HIS EXCELLENCY THE GOVERNOR (PRESIDENT)

SIR ROBERT BROWN BLACK, KCMG, OBE

THE HONOURABLE CLAUDE BRAMALL BURGESS, CMG, OBE

COLONIAL SECRETARY

THE HONOURABLE ARTHUR RIDEHALGH, QC

ATTORNEY GENERAL

THE HONOURABLE JOHN CRICHTON MCDOUALL

SECRETARY FOR CHINESE AFFAIRS

THE HONOURABLE JOHN JAMES COWPERTHWAITE, OBE

FINANCIAL SECRETARY

THE HONOURABLE ALLAN INGLIS

DIRECTOR OF PUBLIC WORKS

DR. THE HONOURABLE DAVID JAMES MASTERTON MACKENZIE, CMG, OBE DIRECTOR OF MEDICAL AND HEALTH SERVICES

THE HONOURABLE KENNETH STRATHMORE KINGHORN

DIRECTOR OF URBAN SERVICES

THE HONOURABLE PETER DONOHUE

DIRECTOR OF EDUCATION

THE HONOURABLE KWOK CHAN, OBE

THE HONOURABLE HUGH DAVID MACEWEN BARTON, MBE

THE HONOURABLE DHUN JEHANGIR RUTTONJEE, OBE

THE HONOURABLE FUNG PING-FAN, OBE

THE HONOURABLE RICHARD CHARLES LEE, OBE

THE HONOURABLE KWAN CHO-YIU, OBE

THE HONOURABLE KAN YUET-KEUNG, OBE

THE HONOURABLE WILLIAM CHARLES GODDARD KNOWLES

MR. ANDREW MCDONALD CHAPMAN (Deputy Clerk of Councils)

ABSENT:

HIS EXCELLENCY LIEUTENANT-GENERAL SIR RODERICK WILLIAM MCLEOD, KCB, CBE

COMMANDER BRITISH FORCES

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MINUTES

The minutes of the meeting of the Council held on 6th September 1961 were confirmed.

PAPERS

THE COLONIAL SECRETARY, by Command of His Excellency the Governor, laid upon the table the following papers: —

Subject GN No

Sessional Papers, 1961: —

No. 13—Annual Report by the Commissioner for Cooperative Development and Fisheries for the year 1960-61.

No. 14—Annual Report by the Director of Social Welfare for the year 1960-61.

No. 15—Annual Report by the Custodian of Enemy Property for the year 1960-61.

No. 16—Annual Summary of the Education Department for the year 1960-61.

Statement of Accounts of the Chinese Temples Fund for the year ending 31st March, 1961.

Statement of Accounts of the General Chinese Charities Fund for the year ending 31st March, 1961.

Resettlement Ordinance, 1958.

Resettlement (Amendment) (No. 3) Regulations, 1961 ................... A 106

District Court Ordinance, 1953.

District Court Civil Procedure (Interim) (Amendment) Rules, 1961 A 107

Registration of Persons Ordinance, 1960.

Registration of Persons (Re-registration) (No. 11) Order, 1961 ...... A 108

Registration of Persons Ordinance, 1960.

Registration of Persons (Re-registration) (No. 12) Order, 1961 ...... A 109

Arms and Ammunition Ordinance.

Arms and Ammunition Ordinance (Amendment of Schedule)

Regulations, 1961 .................................................................... A 110

Dutiable Commodities Ordinance.

Dutiable Commodities (Amendment) Regulations, 1961 ............... A 111

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Subject GN No

Control of Publications Consolidation Ordinance, 1951.

Printing Presses (Licensing) (Amendment) Regulations, 1961 ...... A 112

Midwives Registration Ordinance, 1960.

Midwives (Registration and Disciplinary Procedure)

(Amendment) Regulations, 1961 ............................................ A 113

Public Health and Urban Services Ordinance, 1960.

Public Health and Urban Services Ordinance, 1960 (Amendment of Fourth Schedule) Order, 1961 ............................................ A 114

Registration of Persons Ordinance, 1960.

Registration of Persons (Re-registration) (No. 13) Order, 1961 ..... A 115

Education Ordinance, 1952.

Grant Schools Provident Fund (Amendment) Rules, 1961 ............. A 116

Education Ordinance, 1952.

Subsidized Schools Provident Fund Rules, 1961 ............................ A 117

ADMINISTRATION OF JUSTICE (SUMMARY OFFENCES) ORDINANCE, 1955—RESOLUTION

THE ATTORNEY GENERAL moved the following resolution: —

Resolved, pursuant to section 11 of the Administration of Justice (Summary Offences) Ordinance, 1955, that the duration of the said Ordinance be extended for the term of three months with effect from the 28th October, 1961.

He said: Sir, this resolution is designed to extend the life of the Administration of Justice (Summary Offences) Ordinance, 1955, for a further period of three months. This Ordinance enables a person accused of certain minor offences specified in a Schedule to plead guilty, and pay a fine, without the necessity of appearing before a Magistrate.

Sir, in moving for the last extension of this Ordinance in October last year, I mentioned that the Chief Justice had pointed out to me some unsatisfactory features of its operation, and I told this Council that, on the Chief Justice's return to the Colony, I intended to put before him certain proposals which might obviate the necessity for it.

I have done so, Sir, and as a result a draft Bill to amend the Magistrates Ordinance has been prepared and I hope that this Bill will be introduced into this Council in the near future. The Bill will

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incorporate provision for the repeal of the Ordinance for which I now seek a three months' extension.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

SWIMMING POOLS (AMENDMENT) BY-LAWS, 1961

MR K. S. KINGHORN moved the following resolution: —

Resolved that the Swimming Pools (Amendment) By-laws, 1961, made by the Urban Council on the 5th day of September, 1961, under section 42 of the Public Health and Urban Services Ordinance, 1960, be approved.

He said: Sir, under by-law 12 of the Swimming Pools By-laws, 1961, every licensee of a public swimming pool, and this includes club or association pools, shall provide at all times when the pool is opened to bathers, not less than two competent life-saving attendants. In the case of large and crowded pools this is a necessary precaution, but for a small pool a lesser number of attendants might well be reasonable. The purpose of the amending by-laws now before Honourable Members is to allow the Urban Council to modify these requirements regarding life-saving attendants, when it thinks fit. When these amending by-laws were made by the Urban Council last month, a member urged that any less stringent requirements approved in particular cases should be more than merely adequate for safety. I am sure that Honourable Members will agree with that sentiment.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

CITY HALL REGULATIONS, 1961

MR K. S. KINGHORN moved the following resolution: —

Resolved that the City Hall Regulations, 1961, made by the Urban Council on the 20th day of September, 1961, under section 4 of the City Hall Ordinance, 1961, be approved.

He said: Sir, the purpose of the City Hall Regulations, 1961, is explained very concisely in the Note attached to them.

The Regulations are thirteen in number; they cover those matters normally associated with the proper management of a public building; and at first glance they may suggest a Draconian rigour. However, I

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can assure Honourable Members that it is the firm intention of the Urban Council to encourage the full use and enjoyment by the public of our new civic centre. With five months left before the opening date, I am glad to say that an encouraging interest in the use of the various facilities of the City Hall is already evident.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

GAMBLING (AMENDMENT) (NO. 2) BILL, 1961

THE ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance to amend the Gambling Ordinance, Chapter 148."

He said: Sir, the purpose of this very simple amendment is explained in the statement of Objects and Reasons and there is nothing that I can usefully add there.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a First time.

Objects and Reasons

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

The purpose of this Bill is to seek to increase the fee payable for the issue or renewal of a licence in respect of premises used for mahjong from two hundred to two thousand dollars, which is considered a more appropriate fee having regard to the nature of business carried on.

FIRE INVESTIGATION (AMENDMENT) BILL, 1961

THE ATTORNEY GENERAL moved the First reading of a Bill intituled "An Ordinance to amend the Fire Investigation Ordinance, Chapter 12."

He said: Here again, Sir, there is nothing that I can usefully add to the statement of Objects and Reasons and I therefore beg to move.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a First time.

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Objects and Reasons

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

The purpose of this measure is to seek amendment of the Fire Investigation Ordinance, Chapter 12, in order to relieve the Commissioner of Police from the statutory obligation to take possession of property subject to a fire investigation, while still enabling him to do so if the circumstances appear to him to require such action be taken.

EMPLOYERS AND SERVANTS BILL, 1961

THE COLONIAL SECRETARY moved the Second reading of a Bill intituled "An Ordinance to repeal and re-enact, subject to amendment, the Employers and Servants Ordinance, Chapter 57."

THE ATTORNEY GENERAL seconded.

The question was put and agreed to.

The Bill was read a Second time.

Council then went into Committee to consider the Bill clause by clause. Clauses 1 to 9 were agreed to.

Council then resumed.

THE COLONIAL SECRETARY reported that the Employers and Servants Bill, 1961, had passed through Committee without amendment and moved the Third reading.

THE ATTORNEY GENERAL seconded.

The question was put and agreed to.

The Bill was read a Third time and passed into law.

ADJOURNMENT

HE THE GOVERNOR: —Well, gentlemen, that concludes the business for to day. When is it your pleasure that we should meet again?

THE ATTORNEY GENERAL: —Sir, may I suggest this day four weeks? HE THE GOVERNOR: —Council stands adjourned until this day four weeks.

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