August 21, 1895.j
Majesty in Privy Council this Ordinance has already been repealed it is unnecessary for us to repeal it again by action in the Legislative Council. As a matter of fact it ceased to be in force last February.
The COLONIAL SECRETARY—I beg to second.
I may mention that I have laid upon the table the dispatch of the Secretary of State bearing upon the subject.
Carried.
The Standing Orders were then suspended.
ance.
more the
CHINA OVERLAND TRADE REPORT.
all measures to prevent anything of that kind taking place. (Hear, hear.)|
Connoil resumed
Bill read a third time and passed.
137
the request of the Chamber of Commerce. The applications must be advertised, but we do want to make them too expensive. One difficulty might arise. I do not quite see how a fac simile of a trade mark can be readily advertised. I presume the advertisement would have to be of descriptive nature. I think if it was advertised for a period of not less than three months there would be every opportunity for those who think there is anything wrong to go to the Colonial Secretary's office where they could make any
*
Carried.
Bill read clause by clause and passed
CONSOLIDATION
ORDINANCE.
CHOPPING OF DOLLARS ordinanCE. The ATTORNEY GENERAL-I beg to move the second reading of an Ordinance to prohibit a the defacing or chopping of British dollars. I have already appended to the Bill my reasons for it, and they are "The object of this Ordinance is to prohibit the defacing and chopping of British dollars. Section 4 (1) of the Hongkong objection. THE RIVER STEAMERS ORDINANCE.
(Coinage) Order, 1895. renders valid a tender of The COLONIAL SECRETARY-I second the British dollars only where such coins have not motion. To my mind, although I must confess 'The ATTORNEY-GENERAL-I beg to
been dealt with in any manner prohibited by I have not had much practical experience of second reading of the River Steamers Odin-law. A tender of chopped British dollars will trade marks, if a trade mark is worth anything The Bill is an exceedingly simple one and therefore, after the passing of this Ordinance. it is worth advertising in the papers, and I consists of only two clauses. The first clanse defines a river steamer, and it is the definition cease to be a valid tender, and the last two lines should think there would be no objection on
of this Bill merely insert in the Bill the effect that score. given to a river steamer under the local Ship of the Order in Council." I have the Order in ping Act. The second clause provides that
Council here. If the law says that the coins 'If any person travels, or attempts to travel in, any river steamer without paying his are not to be chopped and people, in spite
THE MERCHANT SHIPPING of the law, insist upon chopping them the inevit- fare and With intent to avoid payment able result will be that they will cease to be thereof, such person and every person siding legal tender. It is not proposed to make any The ATTORNEY-GENERAL-There is a Bill or abetting him shall be liable to a penalty terrible penalty, but people will understand that not on the order of the day which I propose to not exceeding $25 and in default of pay; the chopping of British dollars will prevent read the second time with your permission. The ment to imprisonment with or without hard them from being legal tender in Hongkong. notice has been very short, and it will be for you labour for a period not exceeding one month;
The COLONIAL SECRETARY-I bg to second. to decide whether we shall proceed with it. It and any such person so found on board may be On behalf of the Government I think it is only is an Ordinance to further amend the Merchant taken before a Magistrate without warrant and right it should be stated that in considering this Shipping Consolidation Ordinance, No. 26 of such Magistrate may summarily hear the case question-which is not at all an easy one-the 1891. Under our Merchant Shipping Ordinance and on proof of the offence convict the offender Government was much indebted to the assists master is required to state the number of pas- as aforesaid." This Bill is brought forward at the special request of the River Steamboat Com-ance it received from financial institutions in the sengers he proposes to carry on his projected pany. They feel they have a hardship in that colony and also in England. I would also specially voyage. In some instances after the immigrants. mention the name of Mr. T. Jackson, who has have gone on board and been passed by the Exam- they have no means of punishing persons had a long and wide experience of the currency of ining Officer somebody--I do not suppose it is who board their steamers at Canton and when the East. The Government is also much indebted either the owner or master intentionally, but some- they get to Hongkong decline to pay the to him for his advice and assistance in this par- body has been in the habit of introducing perhaps fare. If a person refuses to pay a ricksha
ticalar matter.
half a dozen more on board who have not been pas. coolie's face the coolie prosecutes him at the
sed at all. The only way this is found ont is by Police Court, but the Steamboat Company
comparing the number of immigrants who have have no such remedy. The matter arose in
gone on board at Hongkong an l been taken, say, this way.
to Singapore, with the number on the document required to be given by the master to procure the port clearance. The Protector of Chinese at Singapore had found out that these extra persons had not passed the immigration officer, and thore- fore somebody had cheated the Government of 25 cents for each examination. You might say,
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The COLONIAL SECRETARY-I beg to second and I feel sure that the bill will receive the sup: port of my hon. friend opposite.
Hon. E. R. BELILIOS-In suggesting this Bill to the Government was struck by the fact that these men who did not pay their fares or hold tickets came here to increase the criminal list of the colony, and I think the Bill will prevent beggars coming here to fill our prisons.
Bill read a second time.
Carried.
The Bill went through all its stages and passed.
THE TRADE MARK ORDINANCE.
The Imperial Merchant Shipping
The ATTORNEY-GENERAL-I beg to move Act has two sectious dealing with the subject and the second reading of the Ordinance to one of them provides that if a person secretes amend the Trade Marks Ordinances (Nos. 16 himself and goes to sea in a ship without
of 1873 and 8 of 1886). There are two reasons obtaining consent he shall be liable to a penalty for the introduction of this Bill. The first is of £20 or imprisonment. The question, however, to prevent applications in future being made. would arise as to whether a river steamer ever through the Secretary of State for the Colonies. really went to sea that is one of those legal It will be remembered that at one time all Why don't you prosecute the master ?? But you technicalities which are more appreciated in the Police Court and in other courts than by the applications for registration of trade marks had to have got to prove your case; you have got to prove be made through the Governor. Then applica- that a certain member of passengers did arrive at general public. It was held that Ordinance 2 tions were allowed to the Secretary of State. Singapore, and affidavits would be useless, because of 1890 only applied to persons about to leave this This proceeding led to a difficulty, because they are not received as evidence in criminal port and therefore when a man who came to this owing to the remarkable fluctuations in the cases. The officer from Singapore would have port from Canton without paying his fare was value of the dollar, which were not always to come here to prove that he saw a number of prosecuted before the Magistrate it was held that taken into account, a cheque was very often persons going off the steamer in excess of the the Ordinance did not apply to such a case. made payable at the rate of 4/2 to the dollar, number stated in the port clearance. That The result was that as there is no satisfactory and as this was altogether disproportionate would cause great delay and it might be a great remedy the River Steamboat Company asked to the amounts had to be adjusted. Therefore inconvenience for a Government officer to leave have this Bill passed.
the Secretary of State decided that it would Singapore, come here to give evidence, and then It seems to me that the be better to have all applications made to the go back again. Governor of the colony. Another reason for addition of the words "attempt to leave" the the Bill is to provide that proper notice of ap- waters of the colony would be sufficient to meet At present the law only relates to plications to the Governor shall be given, the case. so that persons objecting to them may have steamers which have left the waters of the colony. an opportunity of lodging their objections Now, however, if a master got under weigh prior to the granting of such applications. and with an excess of passengers it would be held this was granted at the request of the Chamber that he had the intention of leaving the waters of Commerce. The period first fixed for lodging of the colony; then he is in our jurisdiction, objections was in England two months, but this and yon have got an officer who can say Here was afterwards thought to be rather long and is the port clearance; there were so many pas- This measure, think, will it was changed to one month or such further sengers in excess." 'The ATTORNEY GENERAL-Que moro re-
time not exceeding three months as the meet the deficiency in the law, and a prompt mark is necessary, I-trust that the facilities given to the Company to punish and put into Controller might allow. It is suggested prosecution will doubtless put an end to the evil. by the Chamber of Commerce that there gaol those who do not pay will not encourage should be an interval of three months between any laxity on the part of the steamboat people, the application and the granting of it, because and put the ratepayers to the expense of detain if the agents out here suspected that there was ing beggars in prison. I trust that adequate something wrong they might have an oppor. measures will be taken by the Steamboat Comtunity of applying to their principals in Eng, pany, in whose interest this Bill is being passed, land and take advice as to whether they should to prevent beggars coming here. They could oppose the granting of such a trade mark in this adopt a very simple precaution by putting someone
colony. at first thought that as in not more on the gangway at Cantou. A Chinese beggar than one per cent, of the applications-as far as tries to make himself loathsome and cannot be I remember there were only one or two cases in mistaken for anyone else, and by preventing all the applications made during last year and the him from coming to the colony a great boon year before in which the Governor was asked to would be conferred upon Hongkong. It has cancel the registration-as there was such a small been considered by us whether it would not percentage of objections, I thought that it was be necessary to make some provisions whereby a pity ninety-nine should be delayed for so long a beggars should be taken back to Canton by those persons who brought them here, but trust it will not be necessary to resort to any such legis lation. It is quite possible, with proper care, for the Steamboat Company to prevent that.
Council went into Committeo.
The COLONIAL SECRETA Y—I beg to sec. nd. Every hou, member will, 1 am sure, agree with the object of this Bill. If, as we have often heard it stated, shipping is the life blood of Hongkong, emigration is one of the most im- portant arteries and I think you will agree with me that emigration from this port should be above suspicion. All possible steps should be taken to prevent the smuggling of emigrants on board ship and this Bill being a step in that direction, I am sure it will receive the support of all hon. members.
Hon A. MCCONACHIE asked how a captain was to protect himself? These people, were pat on board and stowed away in all sorts of corners. It was an impossibility for the captain time in order that the hundredth might be pre- to count all the passengers, and an innocent vented from taking his trade mark. But in a man might be unable to protect himself. matter of this kind, which particularly con- The ACTING CAPTIAN SUPERINTENDENT OF cerns the Chamber of Commerce, I thought POLICE said it was possible for an innocent man their wishes should be consulted and al- to be prosecuted, but the police were always Hon. . R. BELILIOS-On behalf of the lowed if possible. Therefore in drawing this near the boat and the chance was very small. Steamboat Company I assure you we shall take' Bill I have done so in order to comply with At present it was impossible to do anything
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