April 9, 1896.]
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objects and reasons appended to the Bill. From that. statement of objects and reasons hon. members will see that the object of this Bill is to remove the prohibition contained in section 67 of the Buildings Ordinance, 1889, against the sinking of a well within the curtilage of any building. Such prohibition has been found to be very in- convenient in practice, and I may mention that at the present time there is an application being made to the Hon. Director of Public Works for permission to sink a well within the precincts of a building, but he does not consider that he has power to grant the permission, as the law stands at present. The Bill also abolishes the requirement, which it is in some cases impossible or impracticable to
carry out, that Я well
shall be surrounded with a brick and cement parapet-wall at least two feet and nine inches thick." I am in- formed by the Director of Public Works that in some cases it is impossible to carry that out, and therefore it is desirable for the law to be amended by abolishing the requirement. The provisions for the exclusion of surface- water and the conveyance of drip or waste water are slightly amended. The only other point is that under section 67 of Ordinance 15 of 1889 it is provided that it shall not be lawful for the owner of any building to sink any well. I propose to amend the Ordinance so that it shall not be lawful for the owner of any building or land to sink a well, as it is thought desirable that the prohibition against the sink- ing of wells, except by leave of the Director of Public Works, should be biuding on the owner of any land as well as on the owner of any building, and this Bill accordingly so provides. I think that those aro all the points in which this section differs from section 67 of Ordinance 15 of 1889, and with these few remarks I beg to move the first reading of the Bill.
The COLONIAL SECRETARY—I beg to second. As the object of this Ordinance is to meet the convenience of the public I trust there will be no objection to having it passed to-day.
Hon. C. P. CHATER-I am very pleased to see this Bill introduced. It will help the public immensely.
Bill read the first time. Suspension of standing orders.
Bill read the second time.
Council went into Committee and the Bill was reported without amendments.
Council resumed and Bill read the third time and passed.
THE LICENSING CONSOLIDATION ORDINANCE. The ACTING ATTORNEY-GENERAL-I bag to move the first reading of a Bill ontitled an Ordinance to supplement the provisions of the Licensing Consolidation Ordinance, 1887. A statement containing the objects and reasons is attached to the Bill.
The COLONIAL SECRETARY-I beg to second. Bill read the first time. THE REGISTRATION OF BIRTHS AND DEATHS. The ACTING ATTORNEY-GENERAL-I beg to move the second reading of the Bill entitled an Ordinance to amend and consolidate the law relating to the registration of births and deaths. Hon. members will find that they are supplied with a separate sheet showing the amendments which I propose to move in Committee. The
reason
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amendments for making the that Chinese marriage customs are
very different from ours, and there might possibly be a question in the case of children of Chinese parentage whether those children were legitimate or illegitimate according to English
law.
The COLONIAL SECRETARY-Before second- ing the motion I would suggest that perhaps it would be more convenient if the Bill were referred to the Law Committee, which might consider it and bring up their report.
The Bill was thereupon referred to the Law Committee.
THE FACTORS ORDINANCE.
The ACTING ATTORNEY-GENERAL-I beg to move the third reading of the Bill entitled an Ordinance to amend and consolidate the law re- lating to factors.
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CHINA OVERLAND TRADE REPORT.
Ordinance for codifying the law relating to the sale of goods.
The COLONIAL SECRETARY-I beg to second. Bill read the third time and passed.
SUITORS FUNDS ORDINANCE. Council went into Committee on the Bill entitled an Ordinance to amend the law as to certain moneys paid into the Supreme Court or to the Registrar thereof.
Tho ACTING ATTORNEY-GENERAL-Hon. members will recollect that on the last occasion. the adjournment of the present matter in Com- mitteo took place upon the suggestion of the Colonial Treasurer that it would not be in accordance with the instructions from the Secretary of State to omit from the provisions of the Bill moneys coming into the hands of the Registrar as official trustee or official adminis- trator. Since this matter was last before the Council I have spoken to the hon. Colonial Treasurer, and I understand that he is now convinced that the fears he then entertained are groundless and that this Bill may safely be passed in the amended form without infringing any of the instructions issued by the Secretary of State. As a matter of fact, as I stated at the last meeting of the Council, there are special Ordinances relating to the moneys going into the hands of the official trustee or official administrator. A good many amend- ments will have to be made in Committee in consequence of this, and also a few amendments on minor points. I may state that I have had ап opportunity of considering the Bill with the Acting Chief Justice and he considers
with me that the amended form will meet the instructions from the Secretary of State.
The ACTING COLONIAL TREASURER said he was quite satisfied.
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The title of the Ordinance was amended so as to read-An Ordinance to amend the law as to the moneys of suitors paid into the Supreme Court, and other amendments were made.
Council then resumed, and the standing orders were suspended and the Bill was read a third time and passed.
ADJOURNMENT.
His EXCELLENCY-There will bo a meeting of the Finance Committee now. I propose we adjourn until this day fortnight.
Hou. C. P. CHATER-Before we adjourn I would like to call your Excellency's attention to the fact that Thursday afternoon is very in- convienient to us. There is always a meeting of the Hongkong Bank at the samo hour, and it would be a great convenience to us if you could fix some other day.
His EXCELLENCY-Friday, the 17th April, will do then.
FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council meeting. The COLONIAL SECRETARY presided, and all the members were present.
MINUTES.
The minutes of the provious meeting were read and confirmed,
The CHAIRMAN-The only minute I have to bring before you is one in which the Governor recommends the Council to re-vote the following gums :- -(1.) 82,215.40 being the unexpended bal- ance of the vote of $6,000 for the erection of the statue of Her Majesty the Quicen. (2.) $1,464.99, being the unexpended balance of the vote of $5,000 for additional quarters at the Central Police Station. These sums were voted last
year but not expended, and it is now pressary to bring them before the Committee in order that they may be re-voted.
The ACTING COLONIAL TREASURER Seconded. Hon. C. P. CHATER-I should like to know, in reference to the first item, when it is likely that the statue will be ready for unveiling.
The CHAIRMAN--No doubt the hon. Direc- tor of Public Works will give us the informa-
tion.
The DIRECTOR OF PUBLIC WORKS-In
about a month or six weeks.
Hon. C. P. CHATER-I want to know whe- ther it will be ready for unveiling before the The COLONIAL SECRETARY—I beg to second. Queen's birthday. The community are anxious Bill read the third time and passed.
THE SALE OF GOODS ORDINANCE.
The ACTING ATTORNEY-GENERAL-I beg to move the third reading of the Bill entitled an
to know.
The CHAIRMAN-The Director of Public Works has informed us it will be ready within six weeks.
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Hon. C. P. CHATER-That will be about the time.
The CHAIRMAN--Considerably before the time-a week or ten days before the time.
The DIRECTOR OF PUBLIC WORKS-The work is progressing very satisfactory now and I see no reason why it should not be ready then.
Re-vote recommended.
The CHAIRMAN----' This is all the business before the Committee.
THE MILITARY CONTRIBUTION. Memorandum on the military contribution by the unofficial members of the Legislative Conncil of Hongkong, submitted for the consideration of the Right Honourable the Secretary of State for the Colonies. should contribute towards the expenses incurred When it was first proposed that the colonies by the Imperial Government in the main- colonies, the inhabitants of Hongkong cheer- tenance of a military force in the respective fully acquiosced, and the members of Council readily voted the sum of £20,000 a year—the amount originally levied on this colony. When the military contribution was raised from £20,000 to £40,000 on the promise of a larger garrison to be stationed here the Council voted the increase without hesitation, and there was enhanced contribution was claimed and insisted no opposition until it was discovered that the
upou before any addition had been made to the by the Imperial Treasury on that account. forces in garrison or any extra expense incurred
Latter on when the heavy fall in exchange, tribution untouched, had raised its equivalent while leaving the sterling amount of the con-
in dollars to an amount wholly out of proportion to the revenues of the colony,--from $254,211.00 in 1891 to $384,000.00 in 1895-the Secretary of State was respectfully requested to reconsider of the military contribution to a figure which the whole subject and to reduce the amount would re-establish something like a reasonable proportion between the general revenue and the military tax. The same question was raised at the same time in the Straits Settle- ments and in other Crown Colonies, and was so strongly pressed on the attention of the Imperial Government that within the last year it was determined to accept from the Eastern colonies a fixed percentage of their revenues in. stead of claiming from them each year a sterling amonut of an invariable character.
For the Straits Settlements and for Hong- kong the proportion of the military contribu- tion to the general revenue was fixed at 174 per centum, and in the adjustment of the amount to be paid for the current year the question at once presented itself in both colonies as to what constituted general revenue. In the Straits Settlements it was conceded by the Secretary of State that the municipal revenue raised in Sin. gapore should not be included in the general ro- venue of the Straits Settlements for the purpose of calculating the amount of the military con- tribution. So far as Hongkong was concerned the Colonial Office decided that the 17 per cent. was to be taken out of the gross total reveune, deducting only the amounts received as premia on the sale of Crown lands, and that there was no deduction to be allowed on account of items of revenue claimed to be of the same class and character as those exempted from taxation in Singapore as being purely municipal.
Municipal revenue is revenue raised in a city or town for the purpose of defraying the ex- penditure necessary for the proper and efficient administration of the city or town. It is levied on the inhabitants of the city or town, and no one who resides outside its limits is called upon to contribute. It differs in this from general revenue, which is chargeable on all persons with- in the territory alike whether resident in or out of the town, and which is applicable for all pur- poses and not confined to purely local expendi
ture.
As a general rule municipal revenue is collected and disbursed by a different authority from that which receives and expends the general revenue of a colony or a territory, but this fact is immaterial. The true criterion of a municipal tax is the limitation of the area within which it is clented and applied.
Although the city of Victoria has no muni- eipal government, and although all taxes are levied and collected by the general Government
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