September 1, 1897.]
Under the circumstances it seenis inevit able that Samshui should replace Macan ns the distributing centre. But it is not to the interest of Hongkong that Macao, one of its commercial dependencies, should decay, and satisfaction would be felt by all parties interested in the West River trade if some
arrangements could be made whereby goods for Kungmun and Komchuk could pay duty without the necessity of being carried higher up the river. Macao would then continue to serve the districts for which it is geographically the most convenient centre, and the in- creased facilities would tend to increase the volume of trade.
HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held at the Council Chamber
on 26th inst. Present:-
His EXCELLENCY the Governor, Sir WIL. LIAM ROBINSON, G.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).
(Colonial
CHINA OVERLAND TRADE REPORT.
than adult males should be prohibited from smoking in divans, and that the admission of women, other than members of the keeper's
that 110
family, should be forbiddon, as is provided in ments. I should like to add that the Straits the Ordinance in force in the Straits Settle- Settlements Ordinance. 1894, has a further proviso
armed person shall be knowingly permitted to be in an
opinm divan. Section 6, which deals with offences, accordingly assimilates the law of Hongkong to that of the Straits Settlements. Section 7 provides for the making of regulations and their into force till 1st March, 1898, and will not enforcement. The Ordinance is not to come therefore affect the present farm. I now more that the Bill be read a second time.
The COLONIAL SECRETARY seconded. Bill read a second time.
Council went into Committee on the Bill. On the interpretation clause being read the ATTORNEY-GENERAL moved as an amendmont
that the clause be altered so as to include bona and his family, as being exempt from the opera- fide private guests, together with the tenant
tion of the clause.
The COLONIAL SECRETARY seconded. Amendment carried.
Sub-Section b of Section 6 makes it an offence other than an adult to smoke opium in a divan. for any person who knowingly permits a person
well to define what "adult
Hon. T. H. WHITEHEAD-Would it not be
means?
The ATTORNEY-GENERAL-The words are tlements Ordinance, which we were asked to precisely the same as are used in the Straits Set.
Super-interpretation on the word.
copy. The Magistrate will place a reasonable
Hon. W. CHATHAM (Acting Director of Public Works).
Hon. F. H. MAY, C.M.G. (Captain intendent of Police).
Hon. C. P. CHATER, C.M.G.
Hon. Ho KAI.
Hon. T. H. WHITEHEAD,
Hou: E. R. BELILIOS, C.M.G.
Hon. J. J. BELL-IRVING,
Hon. WEI A YUK.
Mr. J. G. T. BUCKLE (Clerk of Councils).
MINUTES.
The minutes of the previous meeting were read and confirmed.
PAPERS,
The COLONIAL SECRETARY laid upon the table the Blue Book for 1896 and correspond- ence regarding the salaries of officers employed in the public service.
FINANCE,
Financial Minuto No. 19 was referred to the Finance Committee and the report of the Fin- ance Committee, No. 5. was adopted. The Public Works Committee's Report, No. 4, was adopted.
MEDICAL REGISTRATION ORDINANCE. The ATTORNEY-GENERAL-I beg to move the first reading of a Bill entitled an Ordinance to further amend the Medical Registration Ordinance, 1884. and to repeal Ordinance No. 1 of 1897. The object of the Bill is to appoint the Principal Civil Medical Officer, as he is now called, as a member of the Medical Board. The Ordinance passed at the beginning of this year unfortunately had a slight error in it which escaped my notice and apparently the notice of the other members of the Council, and in amending that, opportunity has been taken at the same time of inserting the proper title of the Principal Civil Medical Officer for what has been the Colonial Surgeon.
THE COLONIAL SECRETARY seconded. Bill read a first time, Council went into Committee on the Bill, which went through all its stages without amendment and was passed.
- PREPARED OPIUM ORDINANCE, The ATTORNEY-General-I beg to move the second reading of the Bill entitled an Ordinance to further amend the Prepared Opium Ordinance, 1891. The objects and reasons of the Bill state that it has been deemed desirable that, at the expiration of the present Opium Farm, in 1898, opium smoking divans should be brought more under the direct control of the Government, and, with this object, this Or- dinance requires every person who opens or carries on any such divan to obtain a licence from the Colonial Secretary, on which licence suitable conditions will be endorsed.
The Secretary of State, besides having approved of this requirement, has directed that persons other
H.E. THE MAJOR-GENERAL--There is no age for adolescence at all. The state varies with individuals, so that it would be impossible to define any specific age.
The ATTORNEY-GENERAL-I think you will find that an adult is for some purposes a person over sixteen years of age.
The COLONIAL TREASURER-If you fix an age there will still be the difficulty of ascertain- ing the age of a Chinaman.
The ATTORNEY-GENERAL-Yes, you can Bever prove it. To the case of offences com- mitted in respect of young girls it is almost impossible to prove they are under sixteen, and that is why we said in a recent Act every girl who appeared to the Court or Magistrate to be under that age. I think you will find no prac- tical difficulty in this. give a reasonable interpretation to the word The Magistrate will "adult" and if not the matter would go to the Supreme Court.
H.E. THE GOVERNOR-Are yon satisfied with that. Mr. Whitehead?
Hon. T. H. WHITEHEAD-Yes.
The next clause (r) made it an offence for any person who knowingly permits or suffers any female. not being the opium divan keeper or the wife or child of such keeper to enter or remain in un opinmy divan."
Some discussion arose ou a suggestion made by Hon. Ho KAI that the words "or any member of his family" should be inserted in the place of the words the wife or child.“
The ATTORNEY-GENERAL did not agree with the alteration and said he did not think there would be any difficulty.
The COLONIAL TREASURER-If any difficulty does arise it can be legislated for after.
After some conversation between the ATTOR- NEY-GENERALand Hon. Ho the ATTORNEY- GENERAL said he was inclined to leave the clause as it was. In following the instructions of the Secretary of State he had adopted the exact words of the Ordinance that had been in force for some time in the Straits Settlements.
Hon. T. H. WHITEHEAD asked if there had been any difficulty experienced in the Straits Settlements?
The ATTORNEY-GENERAL said he had not heard of any difficulty. The Straits Settle- ments Amending Act was passed in 1895, and he had not heard of any amendment having been made since, as regards the wording in question.
The CAPTAIN SUPERIN; ENDENT OF POLICE said an opium divan was a place where opinm smoking was carried on and the keeper's wife or servant would not be in the opium smoking
room,
185
Hon. Ho KAI thought a domestic was quite as likely to be in the divan as the keeper.
The ATTORNEY-GENERAL-I do not think any respectable opium divan keeper would send a woman into the divan.
Hon. C. P. CHATER-Would a female ser- vant bo a member of the family?
Hou. Ho KAI-Certainly.
The ATTORNEY-GENERAL-If you admit that a servant is a member of the family there is nothing to prevent an opium divan" keeper from engaging half a dozen prostitutes as his servants and sending them into the opium divan,
Hon. WEI A YUK, in answer to the Go- vernor, said he was in favour of Hon. Ho Kai's amendment.
The ATTORNEY-GENERAL-I am inclined to think that the law will be evaded.
After some remarks by the CAPTAIN SUPER- INTENDENT OF POLICE, Hon. Ho KAI said-It is very likely a keeper would send bis servant into the divan. You make an exception to the wife, who, the chances are, would not go in there, and yet at the same time you are cavil- ling at putting in a domestic servant.
The COLONIAL SECRETARY suggested the. words "bona fide servant."
H. E. the GOVERNOR(to the Attorney-General) -Do you think you had better hold it over?
The ATTORNEY-GENERAL-I do not like "bona fide" servant myself, but if the majority are against me I will yield. It is very easy to
say
question of proof a difficulty will arise.
bona fide" now, but when it comes to the
Eventually the amendment was, on the motion of Hou. Ho KAI, seconded Hon. WEI A YOK, altered so as to make the last two lines of the clause rend—” or a bona fide member of such keeper's family to enter or remain in an opium divan."
being as follows:---
The amendment was then put, the voting
FOR
Hon. Wei A Yuk
AGAINST
The Acting Director
of Public Works
Hon. J. J. Bell Irving The Captain Superin-
Hou. E. R. Belilios
Hon. T. H. White.
head
Hon. Ho Kai
Hon. C. P. Chater The Colonial Treasurer The Colonial Secretary H. E. the Major-Gen-
eral
The
eral
tendent of Police
Attorney-Gen.
The amendment was therefore carried.
On the last clause being read, Hon. T. H. WHITEHEAD asked for particulars as to the na- tare of the licence and whether a fee would be
charged for it?
The ATTORNEY-GENERAL-There will be a fee, which will probably he about $10, and the licence will, I presume, be for a year. Hitherto the opium farmer has had the right of letting the divans himself, and if you want to control them in any way and see that proper sanitary ar- rangements have been made he looks upon it as a cause of complaint and says we are taking away some of the perquisites of his farm. The Government will licence the divans and every person getting a licence will bave to make his own arrangements with the opium farmer aa to getting the opium. The farmer will, I presume, be communicated with when an application is made for a licence for a divan and it will also be con- sidered whether the place is properly situated, properly ventilated, and in a sanitary condition and so forth. If there is no objection under one of these heads the application will be granted and the man will get his licence.
Hon. T. H. WHITEHEAD-Will the ten- dency those restrictions be to reduce the revenue from the opium farm?
foresee that. The difficulty hitherto has been The ATTORNEY-GENEBAL-It is difficult to
that immediately you try to make a sanitary by- law in reference to divans the opiam farmer says you are int. viering with his business, and it is to prevent a repetition of that state of affairs that it has been decided that these divans shall be brought under direct control. Therefore, 1 think it will be very much to the good of the
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