1964-12-02 — Page 1

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HONG KONG LEGISLATIVE COUNCIL 393

OFFICIAL REPORT OF PROCEEDINGS

Meeting of 2nd December 1964

PRESENT:

HIS EXCELLENCY THE GOVERNOR (PRESIDENT)

SIR DAVID CLIVE CROSBIE TRENCH, KCMG, MC

BRIGADIER THE HONOURABLE THOMAS HADDON, CBE

SENIOR MILITARY OFFICER

THE HONOURABLE EDMUND BRINSLEY TEESDALE, CMG, MC

COLONIAL SECRETARY

THE HONOURABLE MAURICE HEENAN, QC

ATTORNEY GENERAL

THE HONOURABLE JOHN CRICHTON MCDOUALL

SECRETARY FOR CHINESE AFFAIRS

THE HONOURABLE JOHN JAMES COWPERTHWAITE, CMG, OBE FINANCIAL SECRETARY

THE HONOURABLE KENNETH STRATHMORE KINGHORN

DIRECTOR OF URBAN SERVICES

THE HONOURABLE ALEC MICHAEL JOHN WRIGHT

DIRECTOR OF PUBLIC WORKS

DR THE HONOURABLE TENG PIN-HUI, OBE

DIRECTOR OF MEDICAL ANDHEALTH SERVICES

THE HONOURABLE WILLIAM DAVID GREGG

DIRECTOR OF EDUCATION

THE HONOURABLE PATRICK CARDINALL MASON SEDGWICK

COMMISSIONER OF LABOUR

THE HONOURABLE JAMES TINKER WAKEFIELD

DISTRICT COMMISSIONER, NEW TERRITORIES

THE HONOURABLE DHUN JEHANGIR RUTTONJEE, CBE

THE HONOURABLE FUNG PING-FAN, OBE

THE HONOURABLE RICHARD CHARLES LEE, CBE

THE HONOURABLE KWAN CHO-YIU, OBE

THE HONOURABLE KAN YUET-KEUNG, OBE

THE HONOURABLE SIDNEY SAMUEL GORDON

THE HONOURABLE LI FGOK-SHU, OBE

THE HONOURABLE FUNG HON-CHU

THE HONOURABLE TSE YU-CHUEN, OBE

THE HONOURABLE KENNETH ALBERT WATSON, OBE

THE HONOURABLE WOO PAK-CHUEN, OBE

THE HONOURABLE GEORGE RONALD ROSS

THE HONOURABLE SZETO WAI

MR ANDREW MCDONALD CHAMAN (Deputy Clerk of Councils)

ABSENT:

THE HONOURABLE DAVID RONALD HOLMES, CBE, MC, ED

DIRECTOR OF COMMERCE AND INDUSTRY

HONG KONG LEGISLATIVE COUNCIL 394

MINUTES

The minutes of the meeting of the Council held on 18th November 1964, were confirmed.

PAPERS

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

Subject LN No

Sessional Paper, 1964: —

No 45—Annual Report by the Registrar of Trade Unions

for the year 1963-64.

No 46—Annual Report by the Director of Fire Services

for the year 1963-64.

No 47—Annual Summary by the Director of Education

for the year 1963-64.

Report of the Brewin Trust Fund Committee on the administration of the Brewin Trust Fund for the year ending 30th June, 1964.

Registration of Persons Ordinance, 1960.

Registration of Persons (Re-registration) (No 41) Order, 1964 166

Registration of Persons Ordinance, 1960.

Registration of Persons (Cancellation of Registration and

Identity Cards) (No 18) Order, 1964 ....................................... 167

Pensions Ordinance.

Pensionable Offices Order, 1964 ..................................................... 169

Road Traffic Ordinance, 1957.

Road Traffic (Taxis, Public Omnibuses and Public Cars)

(Amendment) Regulations, 1964 ............................................. 170

Air Navigation.

Hong Kong Air Navigation (Investigation of Accidents)

(Amendment) Regulations, 1964 ............................................. 171

Registration of Persons Ordinance, 1960.

Registration of Persons (Re-registration) (No 42) Order, 1964 172

Registration of Persons Ordinance, 1960.

Registration of Persons (Cancellation of Registration and

Identity Cards) (No 19) Order, 1964 ....................................... 173

HONG KONG LEGISLATIVE COUNCIL 395

BIRTHS AND DEATHS REGISTRATION (AMENDMENT) BILL, 1964

THE ATTORNEY GENERAL moved the First reading of a Bill intituled “An Ordinance further to amend the Births and Deaths Registration Ordinance.”

He said: Sir, under the Births and Deaths Registration Ordinance, as it stands at present, the fees have, with one unimportant exception, remained unchanged since before the war, and in some cases are the same as those originally fixed 90 years ago. An examination of the level of these fees has been carried out, and it is now considered appropriate to amend certain of them.

Although they affect all sections of the population, it is thought that the increases will not in any way deter even the poorest sections of the community from the actual registration of births and deaths. This remains free. Moreover, it is not proposed to alter the fee of 50 cents for the shortened form of birth certificate.

The new fees are not intended to cover the costs of running the Births and Deaths Registry. The additional revenue anticipated is in the order of $180,000 per annum, which will increase the total revenue of the Registry to about $440,000 or rather less than half the cost of the Registry.

The opportunity has also been taken to incorporate a few other amendments to the Ordinance, namely—

(1) to repeal section 11 and Form 4 in view of the repeal in 1958 of the Vaccination Ordinance, 1923;

(2) to increase the period within which the birth of a child may be registered without fee or penalty from 14 to 42 days; this is in line with the corresponding period prescribed in the United Kingdom;

(3) to amend section 20 regarding the nomenclature of diseases to be used for describing causes of death for registration purposes, in order to enable such nomenclature to be prescribed by regulations;

(4) to repeal and replace section 21, which deals with the duties of the Registrar where a deceased person has not been attended by a registered medical practitioner during his last illness, or where a registrar suspects that the reported cause of death is not the true one. The new clause clarifies the duties and powers of the Registrar, and makes it an offence for any person to obstruct the course of any inquiries instituted by the Registrar.

HONG KONG LEGISLATIVE COUNCIL 396

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" attached to the Bill were stated as follows: This Bill seeks—

(a) to increase the fees payable under the Births and Deaths Registration Ordinance, some of which are the same as those originally fixed in 1872;

(b) to repeal section 11 and Form 4 in view of the repeal in 1958 of the Vaccination Ordinance, 1923;

(c) to increase the period within which the birth of a child may be registered without fee or penalty from fourteen days to forty-two days which will be in line with the corresponding period prescribed in the United Kingdom;

(d) to amend section 20 regarding the nomenclature of diseases for describing causes of death for registration purposes in order to enable such nomenclature to be prescribed by regulations; and

(e) to repeal and replace section 21 in order to clarify the duties and powers of the Registrar of Births and Deaths with respect to the investigation of the cause of death of any person not attended during his last illness by a registered medical practitioner, and of the correctness of any certificate of the cause of death; and the opportunity has been taken to insert into the section a penalty in the event of any person obstructing the course of any such inquiry instituted by the Registrar.

VARIATION OF TRUSTS BILL, 1964

THE ATTORNEY GENERAL moved the Second reading of a Bill intituled "An Ordinance to extend the Jurisdiction of Courts of Law to vary trusts in the interests of the beneficiaries and to sanction dealings with trust property."

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

The Bill was read a Second time.

HONG KONG LEGISLATIVE COUNCIL 397

Council then went into Committee to consider the Bill clause by clause. Clauses 1 to 4 were agreed to.

Council then resumed.

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

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

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

CHINESE PERMANENT CEMETERIES BILL, 1964

THE SECRETARY FOR CHINESE AFFAIRS moved the Second reading of a Bill intituled "An Ordinance to give statutory recognition to and to regulate the provision of permanent cemeteries for persons of Chinese race permanently resident in the Colony and to provide for the proper maintenance and administration thereof, and for purposes connected therewith."

THE COLONIAL SECRETARY 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 13 were agreed to.

Council then resumed.

THE SECRETARY FOR CHINESE AFFAIRS reported that the Bill before Council had passed through Committee without amendment and moved the Third reading.

THE COLONIAL SECRETARY seconded.

The question was put and agreed to.

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

HONG KONG LEGISLATIVE COUNCIL 398

ADJOURNMENT

HIS EXCELLENCY THE GOVERNOR: —That concludes the business for today, gentlemen. When is it your pleasure that we should meet again?

THE ATTORNEY GENERAL: —May I suggest this day three weeks, Sir.

HIS EXCELLENCY THE GOVERNOR: —Council will adjourn until this day three weeks.

PRINTED BY THE GOVERNMENT PRINTER, HONG KONG

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