234
THE HONGKONG WEEKLY PRESS AND
with cases where the registration has taken place
INTOXICATING LIQUOR LICENSES, shortly after birth and the name has not been The ATTORNEY-GENERAL said-I have the fixed upon at the time. A name has been given honour to propose the second reading of the Bill to the child after registration, and it has always entitled an Ordinance to amend and consolidate been competent for the parent or person giving the law relating to Intoxicating Liquor the name to make a declaration in writing Licenses. The old law was passed in 1886. In before the Registrar-General; but in a recent many respects that Ordinance, although not very case a lady had left Hongkong and she cannot artistically drawn, has iu practice worked well. make that declaration. She could make a
Of course after 12 years' experience of a liquor declaration before a notary in Germany, and law certain defects are sure to be discovered the Secretary of State has suggested that the and certain improvenients suggested from time section should be amended. It is therefore pro to time. Various difficulties which have arisen posed to amend the section by adding at the end during the last two or three years have been the following words "Provided that whenever brought before me, and I have taken these up it is shown to the satisfaction of the Registrar- with the object of amending the law. I thought General that, owing to absence from the colony it would be more convenient, instead of making or other reasonable cause, the parent, guardian. several small amendments, to re-draft the Or. or other person procuring such name to be dinance and consolidate the jaw. This Ordin- altered or given, is unable to attend personally ance is practically the old one with certain im- before the Registrar-General to make a de-provements in it. In the first place there are claration in writing in accordance with this several trifling verbal amendments which I need section, the Registrar-General may, in his not take up your time in discussing. In many discretion, accept in lieu thereof a declaration
cases suitable headings have been inserted to in writing made before any person competent facilitate reference. There is a fee of $10 to take statutory declarations or may accept charged for a transfer, which is quite right see. such other evidence as he may in the circum-ing that it involves some trouble and expense. stances deem sufficient, and may, thereupon, act. Then three persons were required to certify that in all respects as if a declaration in writing the applicant was of good fame and reputation, had been made before him personally." The but I am rather incliued to think that on some oc- proviso added by this Ordinance is intended to casins the gentlemen coming forward to vonch meet cases where the applicant is unable to as to the good character of the applicant have appear personally before the Registrar-General | been! persons interested in the sale of liquor to make the application.
to him. I think it would be well to gemore this temptation. I may mention the cafe of Hok Goon. Three gentlemen were found to rouch as to his suitability for a license, &c., and I should think they now regretted having done so. The new Ordinance says that the three persons called by the applicant must be persons in no way directly or indirectly connected with the sale of liquor to the applicant. There is also an amendment suggested by the police as re
The ACTING COLONIAL SECRETARY seconded and the motion was carried.
The standing orders were suspended and the Bill having been read a second time it was con- sidered in committee, after which it was read a third time and passed.
PEES FOR NATURALISATION.
The ATTORNEY-GENERAL said-I have the honour to propose the second reading of the Bill entitled an Ordinance authorizing the im-gards illicit distilleries. Under the old law position of fees for the Naturalization of aliens naturalized as British Subjects within the limits of Hongkong. It will be within the recollection of this Council that ever since I think 1890, in accordance with the decision of the Governor in Council, it has been the practice to charge a fee of $250 for each Ordinance of Naturalization passed at the request of an alien desiring naturaliza; tion. Doubts having arisen as to the pro- priety of making such a charge without direct legislative sanction, this Ordinance is designed to confer the necessary legal power upon the Governor in Council to fix and declare the fees to be paid for naturalization and also to remove any doubts as to the legality of the fees already received.
The ACTING COLONIAL SECRETARY se- conded, and the motion was carried.
The Bill having been considered in com- mittee, it was read a third time and passed.
AMENDING THE MAGISTRATES' ORDIN- ANCF, 1890.
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[September 17, 1898.
sailors, should pay $10 a Chinese eating house should have nothing to pay. Now it is pro- posed to bring them all under one rule and to lower the license from $10 to $5. The only other matter I must trouble you about is dealt with in section 40. There has been some trouble about this question of sale by licensed auctioneers, and the latter ought to know what they can do and what they cannot do I think this section meets all require- ments. An auctioneer is not a person who sells his own goods, and therefore au auctioneer should not in ordinary course be able to & man who sell intoxicating liquors for
& license. The section as it is has not is as worded now follows:-" Nothing in this Ordinance sball render it illegal for an auctioneer, holding an auctioneer's license, to sell intoxicating liquor by anction, without any license under this Ordinance, upon his own premises for a principal holding an appropriate liquor license, or upon premises in respect of which the auctioneer's principal holds an appro- priate license, authorising such principal to sell such intoxicating liquor, or in cases. Where such liquor is the property of the Imperial or Local Government, or forms part of the estate of a bankrupt or a deceased person, or is sold by order of court, or where, in any particular case, upon application made, the Colonial Secretary shall grant permission for such sale by auction, whether upon licensed premises or elsewhere." One gentleman who drew my attention to this section said he did not like the power being given to the Colonial Secretary. I do not think that gentleman has fully studied the question. It is done for this purpose. If a gentleman is leaving the colony and has some wine in his cellar he can go to an auctioneer, who can drop a line to the Colonial Secretary and get permission to sell it. If they did not have to refer to the Colonial Se- cretary, persons could send all kinds of stuff to the colony and get it sold by auctioneers, and it would never have passed through the hands of a licensed person at all. When the section comes to be worked I think it will be all right. Indeed it is more liberal to the auctioneer than the law of England at the present time.
The ACTING COLONIAL SECRETARY second.
The Bill having been considered in com- mitice, it was read a third time and passed. The Council then adjourned sine die.
FINANCE COMMITTEE.
when the police discovered an illicit distillery they could only seize the pans. They might find a lot of vats of ligner but they could not touch the liquor. This has been amended, and the police will be able to seize the whole paraphernalia. Then the wording of the interpretation of terms It is made more at the beginning is altered. logical. It begins by saying what intoxicated, and the motion was carried. ing liquor meaus' before dealing with licenses for the sale of that liquor, and this por- tiou of the Bill has also been enlarged, several fresh definitions baving been given to rarions licenses, which definitions will. I think, be useful. In paragraphs three and four the order has been reversed." In section seven it is provided that the holder of a Chinese wine and spirit shop license may sell by wholesale as well as by retail. Then in section eight Temporary an amendment has been made. licenses are only to be granted to persons who hold liceuses already. That is the same as in England. It has been thought advisable that a publican should not be allowed to sell Chinese wines and spirits. because he keeps a public bar, but that restriction has not been placed ou an adjunct license or the
a public bar, it being thought that if a Chinese mandarin were at an hotel and wanted some Chinese samsku or something of that sort there was no reason why he should not be supplied. Then there is a new form of lieuse dealt with
The ATTORNEY-GENERAL said-I have the honour to propose the second reading of the Bill entitled an Ordinance to further amend the Magistrates' Ordinance, 1890. The Magis-keeper of a restauraut, because he does not keep trates Ordinance, 1890, required that there should be two magistrates, as heretofore." For some time post only one magistrate has heen appointed Of course it is a question whether it is a wise thing that there should be only one. As far as my personal opinion goes, I think, there should be two, and I believe that that is the opinion of the Chief Justice. The object of this Ordinance is to enable the Governer to
allow the work of the Magistracy to be done either by que for by more magistrates. as experi- ence may prove to be most expedient. I read in he other day that cases were dis- the paper posed of in one day, and it is difficult to know how one man can be expected to try 90 cases properly in one day, although we have a very hard working acting magistrate at the present
time.
The ACTING COLONIAL SECRETARY seconded and the motion was carried.
The Bill bating been considered in committee it was read a third time and passed.
NEW BRITISH SUBJECTS.
Bills for the naturalisation of Lo Chung Pak, alias Lo Yuen Peon, alias Lo Shan Ui; Leung Luk, alias Leung Cheung Soy; Li Chung, alias Li Chan Shing, were read a third time and passed.
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A meeting of the Finance Committee was then held, the Acting Colonial Secretary pre- siding.
The minutes of the previous meeting of the Committee were read and adopted as a correct record.
The Officer Administering the Government recommended the Council to vote a sum of $3,500, in aid of the vote Expenses of the Volunteers."
$
The Hon. T. H. WHITEHEAD asked for in- formation with regard to this vote.
The ACTING COLONIAL SECRETARY replied The Commandant of the Hongkong Volun- teers has applied, as in pust years, for a sum in excess of the $12,000 voted, as, owing to the rate of exchange, he has to pay more in dollars for material supplied from home; money is also (required for the camp nî instruction, which is not contemplated as being covered by the esti- mate of $12,000.
The vote was agreed to. The Officer Administering, the Government recommended the Council to vote a sum of Store ac- $23,805.44, in aid of the vote for count" in the Public Works Department.
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in section 31-Chinese restaurent liceuse. I think they will i rove-and I believe the Captain Superintendent of Police will bear me óût--a very useful form of license. There is a large class of houses among the Chinese restaurants where they want to sell liquor to their customers while
The ACTING-COLONIAL SECRETARY said- they are having their meals, but they do not want. to keep a public bar. Section 32 provides that With regard to this vote I may explain to hon- onrable members that up to 31st December, no person shall keep an eating house without a
1897, a store suspense account was kept in the license from the Colonial Secretary. The rea- son is that you want to regulate these places. books of the Treasury. Under orders from the People go there, and you want to ensure good Secretary of State that store suspense account order and propriety of conduct, If they take has been done away with, and in the Estimates. for 1898 a store account was opened; a nominal out an intoxicating liquor license they are under the intoxicating liquor law, and their sum of $100 being voted for that purpose. Now houses are properly regulated. I do not know the store suspense account requires closing and why, but shortly after the passing of the the balance at debit on 31st December was this Ordinance of 1886 the Governor in Council sum of $23,805.44. In order to work off this decided that in the case of Chinese eating houses balance the present vote is required. It is sim
ply a book transaction. The store account now there should be no fee charged for the license It seemed extremely unfair that whilst a opened will be debited in this sum and the old European coffee-shop like the Star" coffee-store suspense account will be credited and closed. shop, which was established for the good of the The vote was agreed to.
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