The-Hong-Kong-Weekly-Press-1895-12-11 — Page 8

Hongkong Weekly Press AND China Overland Trade Report All

་ ་ ས་ ཁ་ ན་བ་ "་་

444

*

between the Opium Farmer and the Govern- ment. He rendered services of great value as Chairman of the enquiry into the expenditure and the cost of the administration, and as Chair- man of the Committee appointed to enquire into the resumption of the Taipingshan district, he carried out a most difficult, arduous, and delicate work with promptitude, impartiality, and to the entire satisfaction of the Govern. ment and the claimants. The Council desire to tender to the Honourable Mr. Justice Ackroyd their hearty thanks for all his zealous labours, ever readily and cheerfully rendered, and for his devotion to promoting the welfare and the interests of the colony, and to wish him every health and happiness, as well as a сод- tinued career of usefulness.

SUPREME COURT FUNDS ORDINANCE.

The ATTORNEY-GENERAL-I have the honour to move the first reading of a Bill entitled An Ordinance to amend the law as to certain moneys paid into the Supreme Court or to the Registrar thereof.

The COLONIAL SECRETARY seconded. Bill read the first time.

THE STAMP ORDINANCE.

The ACTING COLONIAL TREASURER-I have the honour to more the first reading of a Bill entitled An Ordinance to further amend

The Stamp Ordinance, 1886.”

The ATTORNEY-GENERAL Seconded. Bill read the first time.

THE APPROPRIATION BILL.

The COLONIAL SECRETARY-I have the honour to move the second reading of the Bill entitled An Ordinance to apply a sum not exceeding two millions four hundred and seventy-nine thousand and sixty-two dollars to the Public Service of the year 1896. It has been usual sometimes to enter into full details in moving the second reading of this Bill. On this occasion, however, I do not propose to detain the Council with any remarks of mine, as your Excellency has so fully and, as the senior unofficial member stated at the last meeting, so lucidly explained the financial position of the colony, that it is quite unnecessary for me

enter into particulars now. When the Bill is being considered in Finance Committee I shall be very happy to afford any information that members may desire and which has not heen explained in the papers,

to

The ATTORNEY-GENERAL seconded. Bill read the second time.

WIDOWS AND OLI**AN

PAXSPONS

The Aries COLONIA. TREASURER DE the seccud readit p I Bill entitled an Ordinance to amend Widows and Orphans Pensions Ordinances of 180 and 1891 (N6« 36 of 1890 and Is of 1991). He said that if my explanations were required he would be glad fo give them in Commition.

Bill read the second time.

THE HONGKONG WEEKLY PRESS AND

|

|

Police force, and gives the Governor power to state generally how many should be drafted to the various departments.

The COLONIAL SECRETARY Seconded. Bill read the second time. Council went into Committee. Bill read clanse by clause and passed.

FIRE INQUIRIES.

to

[December 11, 1895.

THE BANKRUPTCY ORDINANCE.

The ATTORNEY-GENERAL-I have the hon. our to move the second reading of the Bill entitled an Ordinance to further amend “The Bankruptcy Ordinance, 1891." As I have already written my reasons I do not propose to detain you long, but if further explanations are asked for by hon. members I shall be glad to give them. Section 1 carries out the instruc-: tions received from the Secretary of State as to the payment into the Treasury of fees and commissions by the Official Receiver. Section 2 seeks to remedy a hardship under the Bank- ruptcy Ordinance of 1891. In this colony cases often arise of Chinese traders in difficulties commencing to remove their goods for the pur- pose of putting them beyond the reach of their creditors.Proceedings taken at considerable expense by a creditor who gets an order of the Court for spizure of the goods may, in the event of a bankruptcy petition being filed, simply result in the preservation of those goods for the general body of creditors at the cost of that particular creditor. It seems only just that, in such cases, the Court should have power in its discretion to allow a priority to the costs of the legal proceedings of the creditor whose exer- tions have thus benefited the estate, similar to that at present accorded to the costs of the bankruptcy petitioner.

The COLONIAL SECRETARY seconded. Bill read the second time.

Council went into Committee and the Bill was reported without amendment.

The Bill was then read a third time and passed.

THE MARKETS ORDINANCE.

The ATTORNEY GENERAL-I have the honour to more the second reading of the Bill entitled an Ordinance to authorize in certain cases judicial investigations into the causes of fire. The Or- dinance 23 of 1888 could be worked properly only by two Magistrates, because it provided that one Magistrate shall hold the preliminary enquiry and then if there was any charge made against anybody who was suspected of having committed any offence, such as arson, the evi- dence, before he was committed for trial, had to be taken by another Magistrate. Therefore the decision to hare only one Magistrate rendered the previous Ordinance practically inoperative; therefore it has to be altered. Section 6 in the previous Ordinance seemed undesir able. It provided that no use should be made at all of evidence taken at the preliminary enquiry against a prisoner, because I suppose it was thought it would be hard to use evidence which was not taken in the pre- sence of a prisoner. But the section did not say that the evidence could not be used in his favour; and I recollect in jone case we had some diffi. culty, as the section was so worded that it was questionable whether we could make use of the evidence at all. even indirectly, I find the section was inserted when the 1888 Bill Was passed, and I think it might, well The ATTORNEY-GENERAL-I beg to move the come out. The other alterations are scarcely second reading of the Bill entitled an Ordinance worth mentioning, and there are one or to further amend "The Cattle Diseases, two verbal alterations make the Bill Slaughter-houses, and Markets Ordinance, clearer. Tho only clause about which there | 18877" I may say this Bill was brought might be any discussion is that about the forward at the request of the Sanitary examining of witnesses. Section 4 reads, Board. Hon. members will remember that "It shall be lawful for any Inspector of last year ав Ordinance was passed mak- Police or for any interested person presenting it an offence to forge the broad arrow at such investigation, with the leave of brand which is required to be stamped by an the Magistrate, to examine the witnesses and to officer upon all animals taken into the slaughter- cause such persons to he examined as may give house to be killed. Some little time ago a case due and proper information touching such case arose in which a drover drove a steer into of fire." These words are precisely the same a slaughter-house. The animal had the broad as those in the Ordinance which has been in

arrow stamped upon it, but it turned out that force since 1888; and I have not thought the mark was forged, and before the Inspector it right to make any alteration. On ou6 ↑ detected it the animal was killed and its hide casion there was some public criticism on the taken off. The drover was summoned, but it was way in which the Magistrate exercised his found impossible to prove that he applied the disfood on. I do not think we een interfere with (mark, he said he was in total ignorance as to the who conduct way it got on. Unless it could be proved who I in ly

cases in which put the brand on a conviction could not be ob- Le has exerised thể discution satisfaction fained. The Magistrate required very strict ↑lasbon expressed!. There was one case in which proof of that, and it turned out that it was ne dissatisfaction was expressed, but I would always very difficult to prove who did put the not like to say the Magistrale was wrong. I think brand on. The Sanitary Board came to the you must give hiņa power to stop examination if conclusion that it was absolutely necessary to cessary, and the sole question is how he should prevent animals with a forged mark from being exercise that powfr. If it is thought desirable to introduced into slaughter-houses and there slaughtered, and this Ordinance not only hits the drover but the owner as well, as they both liable in cases of contravention of the Ordinance. Un conviction the animal will be forfeited, and the forfeiture will prorent & rejected or unfit animal from being surreptitiously disposed of for human food. I trust this will meet the views

21.

Council went into Committee and the Bill examine personally or by counsel I shall have no was reported without amendment.

.

THE POLICE FORCE CONSOLIDATION ORDINAN E.

The ATTORNEY-GENERAL-I have the Lon- our to moved the second reading of the Bill entitled an Ordinance to further amend the Police Force Consolidation Ordinance. 14 of 1887. The Ordinance makes some slight changes in two sections of Ordinance 14 of 1887. which is the present law regulating the police force, and these alterations are very simple. It seems very undesirable that Chinese constables, for instance, should be able to get a quinquennial bonus of three months' full pay in lien of a passage home to their own country. It was intended to afford constables a holiday at the end of five years and when the passage money was as much as three months' pay there was no objection to a constable receiving three months' pay as a bonus if he did not wish to go home. The right is now restricted by section 2 of this Ordinance. In future it will be for a con- stable to elect at the end of each five years of service either to get a free passage home or else a bonus equal to the cost of that passage provided such sum does not exceed three montlis' pay. Section 3 gives the Governor power to with- draw distinctive badges or medals for long and faithful or extraordinary services in cases of subsequent misconduct. The fourth section makes some alterations in the numbers of the

olivetion to alter the clause. I now beg to pro- pose the second reading of the Ordinance. The COLONIAI SECRETARY seconded. Bill read the second time.

Council went into Cominifte». Clause 4-The ACTING COLONIAC THEA SURER-Are the words "present at such investi- gation" necessary?

The ATTORNEY-GENERAL-I do not mind the words coming out: certainly the person examining would have to be "present at such investigation."

.

It was resolved to make the following altera- tion-It shall be lawful

interested per- son, with the leade of the Magistrate, to examine at such investigation, personally or by counsel or solicitor, &c."

The Bill was reported and Conncil resumed.

THE BRITISH POSSESSIONS PROBATE ORDINANCE.

The ATTORNEY-GENERAL moved the second reading of the Bill entitled An Ordinance to provide for the recognition in the colony of probates and letters of administration granted in British possessions.

The COLONIAL SECRETARY seconded. Bill read the second time.

Council went into Committee and the Bill was reported without amendment.

The Bill was then read a third time and passed..

|

are

of hon. members. I may add that it is almost impossible by legislation to meet all the dodges and subterfuges which are resorted to by persons who wish to introduce diseased meat into the market.

The COLONIAL SECRETARY--I beg to second that. I trust that hon. members will consent to the Ordinance being passed to-day, seeing that it is so very near Christmas and that meat is a prime necessity on that festive occasion..

Bill read the second time.

Council went into Committee, and the Bill was reported without amendment.

The Bill was then read a third time and passed.

ADJOURNMENT,

His EXCELLENCY-The Council now sits in Finance Committee and I adjourn the Council until next Thursday at 3.30.

FINANCE COMMITTEE.

A meeting of the Finance Committee was then held. The COLONIAL SECRETARY presided and all the members were present.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.