May 6, 1897.]
THE DIAMOND JUBILLË MEMORIAL,
The compromise arrived at with respect to the Diamond Jubilee
•Memorial does credit to the committee and will be satis- factory to the community. No doubt there are many who would have liked the whole fund to be devoted to hospital purposes, and as many on the other, side who would have liked to see it devoted solely to the road round the island, but the desire of all parties on such an occasion must be to unite the whole community in common action, and for that, seeing opinions were divided, some "give and take" was necessary. Both the objects decided upon are good, and although questions might be raised, as they have been, as to whether the road was not an essentially Government work, considera- tions of that kind may now be waived, and it only remains for the public to come forward with liberal subscriptions. Having previously taken exception to the inade- quately representative character of the committee appointed by H.E. the Governor it affords us the greater pleasure now to be able to congratulate that body or the manner in which it has discharged its duties up to the present point. The com- promise arrived at displays good feeling and good sense. We trust the committee may be as successful in satisfying the public with regard to the celebrations, but it will not be such an easy matter to arrange a programme for public rejoicings in June as it would have been had the date fallen in the cool season.
Illuminations at that time of the year, when rain is so frequent, seem to be almost out of the question, for a shower would spoil the whole display.
·HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held at the Council Chamber on the 3rd May. Present:-
His EXCELLENCY the Jovernor, Sir WIL- LIAM ROBINSON, K.C.M G.
His EXCELLENCY Major-General BLACK, C.B. (Officer Commanding the Forces).
Hon. J. H. STEWART LOCKHART (Colonial Secretary).
Hon. W. M. GOODMAN (Attorney-General). Hon. T. SERCOMBE SMITH Treasurer).
Hon. F. A. CoOPEE (Director of Public Works).
Hon, F. H. MAY (Captain Superintendent of Police).
Hon. R. Master).
CHINA OVERLAND TRADE REPORT.
partment, resolves that it is expedient to incur the liability proposed to be incurred in 1899."
The COLONIAL TREASURER seconded. Carried.
SPECIAL GAP ROCK LIGHTHOUSE DUES, Hon. T. H. WHITEHEAD-The resolution of which I gave notice on the 14th December last reads That, whereas the special Gap Kock light dues were imposed for the sole purpose of raising the monies required for the con- struction of the said lighthouse, and the Govern. ment are pledged to their abolition as soon as the requisite amount had been raised, and where- as it appears that a sum of about $42,000 in ex- cess of the amount required has already been received-Resolved that in the opinion of this Council the special Gap Rock light dues should no longer be levied," With reference to this resolution certain cor- respondence has since been received from the Colonial Office, including the Secretary of State's Despatch, dated 17th March last. Paragraph 2 of that despatch concludes by saying "I concur in your view that moderate dues may properly be levied in Hongkong, provided the proceeds do not in ordinary times exceed the total expenditure on the Harbour Department, including Lighthouses, Water Police, etc.' and Paragraph 5 says "Next year the charge must be reduced to such a rate as will, with the other harbour receipts, bé suffi- cient to cover all harbour and lighthouse ex- penditure, &c." That correspondence and these instructions render this resolution now un- necessary and with the permission of the Council I wish to withdraw it.
His EXCELLENCY-Certainly,
Hon. T. H. WHITEHEAD-In connection with the subject I beg to give notice that at the next meeting of Council I will ask the tollow. ing question:Will the Government lay upon the table a detailed statement framed in terms of and in accordance with the instructions contained in the Secretary of State's despatch, dated 17th March, 1897, showing (1) the estimated total revenue which will be receivable from all shipping, separately under each head, during the year 1898, and (2) the estimated total expenditure which will be chargeable to all shipping, separately under each head, during the same period ?
THE SANITARY MAINTENANCE OF OPIUM DIVANS.
The COLONIAL SECRETARY-I beg to bring up certain by laws made under sub-Sections 4, 12, and 13 of Section 13 of Ordinance 24 of 1887 for the cleansing, lime-whiting, and sanitary maintenance of opium smoking divaus and for the prevention of overcrowding therein, and I beg to move that they be approved.
845
| have therefore much 'pleasure in seconding the
resolution.
The ATTORNEY-GENERAL-I would like in the first place to point out that I am not aware of any power under the Standing Orders for counsel to be heard as suggested by the hon. member. The hon. member, when he read the Standing Order No. 52, did not seem to quite appreciate the wording of it. The words are "In any case where individual rights or interests of property may be affected by any proposed Bill," etc.; that is to say, any which may Ordinance brought forward prejudicially affect property. I have yet to learn that counsel have been heard in this Legislative Council when by-laws were being brought forward for approval. Bills are not by-laws and there is nothing in the Stand- ing Orders to give any such power. It seems to me that the petition will speak for itself, and I do not know that even if counsel were more could be said upon the subject. ~ For heard some time past it has been discovered- at all events during the past year the matter has been prominently brought to the
attention of
•
the Government—that
the opium divans were greatly overcrowded at night and that they therefore formed an excel. lent place for the propagation of disease. It is desirable in the interests of the people in this colony to stop the propagation of disease and the Government is now doing all in its power to stop such propagation; The Sanitary Board called attention to the state of these divans, but it is not proposed to put into force any ден
but power,
powers which have been in force for nearly ten years. These powers are under Ordinance 24 of 1887-the Public Health Ordinance-and Section 13 provides that the Sanitary Board shall have power to make by-laws for the sanitary maintenance of common lodging houses, opium smoking divans, factories, &c. It will be fresh within the members' recollection that diffi- culties arose about the common lodging houses
The COLONIAL TREASURER seconded, Hou. T. H. WHITEHEAD-In reference to then taken (Colonial
the question of opium divans I understand that this morning a petition was addressed to the Council by the opium farmer applying to be heard by counsel in connection with these proposed by-laws. I have a copy of the petition in my hands. Rale No. 52.of the Standing Rules and Orders of Council reads: "In any case where individual rights or interests of property may be peculiarly affected by any proposed Bill, all parties in- terested may, upon petition for that purpose, and on motion made, seconded, and carried, be
MURRAY RUMSEY (Harbour
Hon. C. P. CHATER. Hon. T. H. WHITEHEAD. Hon. E. R. BELILIOS, C.M.G.
Hon. Ho KAI.
Hon. WEI A YUK,
Was
the
another edition ›
difficulties which have now been surmounted. We were told that there were insuperable objec- tions, but all those terrors are passed. Common lodging houses are now properly conducted and what is now required is that smoking divans, should conform to the ordinary principles of health and that they should not form centres for the propagation of disease in the colony. It may be thought that the Government was acting hardly with the opium farmer and oppressing him, but the by-laws were roughly drafted, and on the 22nd October, 1896, the opium farmer having been furnished with a copy, presented his petition, embodying his objections and asking that those by-laws should not be enforced. Considerable care
were and they
thoroughly revised before being brought before Legislative Council and was made; indeed there were three editions, and the third edition eliminated all the things that could be eliminated or reasonably be found fault with and that would press hardly on the opium farmer. The by-laws as they stand at present were sent to the opium farmer, with the following letter dated 31st March, 1897, to his solicitors, Messrs. Deacon and Hastings: -"Gentlemen,-I am directed to acknowledge the receipt of your letter of the 29th January forwarding a petition from the Man Fook either in person or by counsel." I submit, Sir,Company on the subject of certain by-laws that this is a case where the opinn farmer made by the Sanitary Board on the 21st De- should be heard by counsel before these by cember with regard to opium smoking divans. laws are brought into force. A copy of the In reply I am to inform you that your clients' petition from the opium farmer, dated as long petition has been carefully considered and the ago,as January of this year, has been submitted by-laws have been revised with a view to prevent to me, and the case made out by the opium the infliction of any apparent hardship.upon farmer in that petition is, in my opinion, a your clients, but that it is necessary to consider the public health, and the granting of the very good one.
Opium Farm in no way implied that the Sani- tary Board should be precluded from making by-laws in pursuance of the powers conferred upon it under the Public Health Ordinance of 1887, which was in force when that contract was made. I enclose for your clients' informa- tion a copy of the most recently made by-laws which will be submitted for the approval of the I Legislative Courel when it next meets.- have the honour to be, &c., J. H. Stewart "This is not Lockhart, Colonial Secretary. any new law which we are putting in force. The opium farmer knew, or ought to have
Mr. J G. T. BUCKLE (Acting Clerk of heard in Council, or in Committee thereof. Councils).
NEW MEMBER. Hon. T. Sercombe Smith was sworn in on taking his seat as Colonial Treasurer.
MINUTES.
The minutes of the previous meeting were read and confirmed.
PAPERS.
The Colonial Secretary laid a budget of Government papers on the table.
FINANCIAL MINUTES. Financial minute No. 28 of 1896 and Fin ancial minutes Nos. 1 to 9, 1897, were referred to the Finance Committee.
THE AFFORESTATION DEPARTMENT.
The COLONIAL SECRETARY-With reference to the statement by the Superintendent of the Afforestation Department I have just laid on the table I beg to move That the Council, having considered the statement drawn up by the Superintendent of the Afforestation De
Hon. T: H. WHITEHEAD then read the petition and proceeded-I think, Sir, this is certainly a case where the opium farmer ought to be heard by his counsel and I beg to move that he be now heard.
Hon. C. P. CHATER-From the petition just read it appears that the opium farmer at all events thinks he will be injuriously affected by these by-laws, should they be passed. Without going into the question of whether or not he will be injuriously affected I am of opinion, as he says he will be affected, that he should be allowed to represent his case by counsel. I
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