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substitute the word "this" for "the" before the word "ordinance." The next amendment which propose to move in committee is to strike out the words "appointed thereto under the provi- sions of this ordinance" which occur at the end | of clause 5. The next amendment which I shall have to move in committee will be in clause 13. Instead of "The regulations of a prison" I propose to substitute "prison rules or regula tions," and at the begining of line 4 of the sime clause I propose to substitute for "regula. tions" the words “rules or regulations." · "Sec- tion 17 of the Bill seems to me to be quite un- necessary as I informed honourable members at the last meeting of the Council, and unless some honourable member can show good canso to the contrary I propose to move that clause 17 be left out of the Bill entirely. With re- gard to clause 18 I think the words “warder or other subordinate" in the first line should come out and also the words “warder or" in the third line. I think that these are all the amendments which I shall have to move to the Bill in committee, Honourable members will see that this is a consolidating Bill. It is founded in the main upon the present Prison Ordinance Ordinance 18 of 1885-but there are, as honourable members will see from the objects and reasons," certain amendment in troduced. The first amendment is in section 8, waich differs from section 7 of the Prisons Oi tinance of 1885 in the omission of the word "warmed 11
which used to come between the word "lighted" and the word ventilated." 'The reason for the omission of the "warmed "
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The
THE HONGKONG WEEKLY PRESS AND
[February 11, 1899.
The Bill passed through the com
THE LAW BELA:ING TO SQLICITORS OF THE SUPREME COURT,
the Bill is now so far as this colony is concerned, but is adapted from the provisions of section 9 | stage: of a Statute which was passed in the last session of the Imperial Parliament (61 and 62 Vio, o. 41). The proviso, however, at the end of the section is original and does not correspond with anything contained in the home Act. Such a proviso, however, appears to be just, and its in- sertion was recommended by the Acting Police Magistrate. With these observations I beg to move the second reading of the Bill.
the motion was carried, "
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On the motion of the AcṛING ATTORNEY. GENERAL, Seconded by the CoLONIAL SHORE. TART, the second reading of the Bill öntitled An Ordinance to amend the law relating to Boli- citors of the Supreme Court
was passed, t The ACTING ATTORNEY-GENERAL-In moy. Council go into committee to consider the Bill clause by clause- immediate hury, and I would suggest that The COLONIAL Treasuele—'l'here is consideration in committee be postponed to the next meeting of the Council.
His EXCELLENCY-I do not know that is any wish on the part of the Council to post- pone it.
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The COLONIAL Treasurer→→This is a highl that the Law Coinmitten was appointed, technical Bill, and it is for this sort of thing
Similar
The COLONIALİ SECRETARY' secunded, and | ing that this. The Council then went into committee to consider the Bill clause by clause The amend. ments suggested by the Acting Attorney-Gen. oral and mentioned above were adopted and also several others, including one to clause 12, which clause reads as follows:-Every person who, 'contrary to any prison rule or 'regulation, brings or attempts by any mesus whatever to introduce into any prison any spirituous or fermented liquor or tobacco or opium, and every officer of a prison who suffers any spiritnous or fermented liquor or tobacco or opium to be sold is a point I should mention in connection with The ACTING ATTORNEY-GENERAL →There or used therein, contrary to the prison ragula. | clause 21 of the Bill. Some bonourablë mem“, tions, shall be sentenced on conviction to imbers suggested to me that clause 21 was pot an: prisonment for a term not exceeding six months advisable clanse to leave in, - Clause 21,: with or without hard labour, or to a penalty honourable members will see, is not exceeding two hundred dollars, or to both clause which is borrowed from in the discretion of the Court, and any officer provision contained in the Straite Bottle- of a prison convictel under this section shall, ments Ordinances and in the Statutes of in addition to any other punishment, forfeit his office and all arrears of salary due to him.
some of the Australian colonies. Oläuse: 21. The ACTING Attorney-GENERAL-I have to
says:-"No person who shall have been admitted move an amendment to the fast line of clause ture in England or as an attorney or writer as a solicitor of the Supreme Court of Judien 12. I do not know what the opinion of the in one of the Courts at Dublin or Edinburgh Captain Superintendent of Police is on the shall be admitted to practise within the colony subject. but it seems to me that the word "shall" towards the end is too compulsory. 1solicitor or firm of solicitors practising in the as a solicitor otherwise than as a clerk to a do not know that it is intended, but the colony nutil he shall have nothally resided in the language is that such an offence should carry colony for a period of six months next proced- with it forfeiture of office and arrears of salary, tug such admission and unless he thall have Perhaps it would be preferable to use the word previously given six months' notice in writing
may "instead of the word “shall.”
and intention to apply to be shadmitted i but to the Registrar of the Court of his demire any person who may have been admitted to practise as a solicitor within the colourens shall, after having so practised for a padvéd of Clerk to another solicitor orefr of solicitors six months, be deemed to have been admitted to practise within the colony as a solicitor and shall be entitled to to practise ... upon ... his. by any lawful agreement or undertaking.". own account unleas precluded frùm so doing Honourable members will see that wooording to this clause no solicitor coming into this colony could start on his own account until he had actually resided in the colony for six months. und until he had given notice to the,
Registrar practice, unless he intended to come to six months previously that he intended, so to
case of course he would be bound down from colony as a clerk to a firm of solicitors, in which practising on his own account for so many years on the termina ion of his engagement. This is rather an important clause in the Bill, Of course it would be considered, by the Law Committee, of which I think three unofficial members of the Council are members. Of course I do not know whether 'the other un. official members of the Council who are not members of the Law Committee would like to, have this Bill discused by the Law Committée discussed in the whole Conncil clature by clause. alone, or whether they would wish to have it.
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The COLONIAL TREASURER-I should very much object to retaining a man who has been convicted in an office. I do not know about the The CAPTAIN SUPERINTENDENT OF POLICE I agree with the Colonial Treasurer. In the rules at home certain offences entail not only forfeiture of office but forfeiture of arrears of salary.
His EXCELLENCY-Would it entail loss of arrears of salary if a man had been previously well conducted P
The CAPTAIN SUPERINTENDENT OF POLICE In the home Act I believe it would do so. This Bill is really copied almost verbatim from the home Act.
is that cells here are not as a matter of fact warmed at all. Section 9 of the present Ordin. ance differs from section 8 of the Prisons Or dinance of 1885 in the following main respects:- (i) By abolishing the rigid classification of hard labour into two classes which was laid down by the old Ordinance and which was found unwork. able in practice and in leaving such classifica. tion to be prescribed by the Prison Rules and Regulations. (ii) The language of the old seo- tion as to the employment of prisoners outside of the walls has been modified in accordance with the recommendation of the Captain Superin- tendent of Police. (iii) Section 11 of the pre-arrests of salary. sent Ordinance differs from section 10 of the Prisons Ordinance of 1885, in that the words "who *scapes or attempts to escape from any prison or are now added. The object of this amendment is to prevent difficulties from arising in the prosecution of prisoners who are caught while attempting to escape and who have not committed anything" which could be described as a breach of prison. fourth respect in which this Bill contains an amendment of the existing law is that section 12 of this Bill differs from section 11 of the old Ordinance in giving power to impose imprisonment either with or without hard labour, and in altering the penalty of £20 sterling into a penalty of $200. There are also one or two slight verbal alterations intro- duced with which
do not need to trouble honourable members with any obser. vations, The fifth amendment introduced by this Bill is that by section 13 the former pen- alty of £10 has been converted into $100. The sixth amendment is that in adapting section 18 from the provisions of Ordinance 13 of 1889 as affected by section 2 of Ordinance 15 of 1896 it has been thought expedient to leave out the following words which were contained in Ordin-One is, is it advisable to make it the law ance 13 of 1889, namely, "who is guilty of any neglect or violation of duty in his office, or of any disobedience to any rules made under the pro- visions of section 17 of Ordinance 18 of 1885." The reason for leaving out these words is that special provisions for dealing with the offences contained in the omitted words are contained
The Hon. T. H. WHITEHEAD-1 think a in the new draft Prison Rules. The seventh he should hate the men which he has earned. man convicted should vacate his office, but that amendment is that section 19 of the Bill consists of an adaptation of section 17 of His EXCELLENCY - It seems to me you the Prisons Ordinance of 1885 with certain should pay the salary up to the date of the additions which are intended to remove doubts'dismissal.
The Hon. T. H. WHITEHEAD-The words "shall in the discretion of the Governor might be inserted, and then it is made optional. His EXCELLENCY-The word "shall" ap: pears to me as far as carrying with it dismissal is concerned right enough, but in the other case it is rather strong.
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The CAPTAIN SUPERINTENDENT OF POLICE I see no objection to leaving the words arrears of salary." out, It is not usual in other departments to forfeit arrears of salary when a man is dismissed, but I think dismissal ought to be compulsory.
His EXCELLENCY-There are two questions. that when a man is convicted under this section be shall be deprived of his office? The other question is whether being so deprived of his office he shall not be paid the arrears of s'salary due to him..
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red to the Law Committee is reported n
The COLONIAL SECRETARY—Abything refer- them, and the full Council has the c nity of discussing that report. 'I think gestion of the Colonial Treasurer is deserves consideration. As he pointed which should be referred to the Law Committee this Bill is a very technical one). It la
and if your Excellency has no objection I will now formally move that it be, referred to the
·Law Committee.
The Hon. T. H. WHITE the motion was carried.
as to whether the rules, which it is proposed On the motion of the ffon. T.H.W VHITEHEAD, to bring into force directly this Ordinance is second d'by the Hon. C. P. CHATER, the words passed, will be ultra vires or not. The second" and all the arrears of salary due to him
" Toro. sentence of this section is new and is intended' | 'deleted.
NATURALIZATION. The Bill entitled An Ordinance to confer full power upon the Governor-in- Council to impose by the rules any punishment | GENERAL,
On the motion of the ACTIzG ATTORNEY- | turalization of Mak Ngan Wang which he may think fit for a breach of any of SCRETARY, the words “arreas of salary due | sling Mak Sun was road a third fin
seconded by the COLONIAL Ki, alias Mak Sui Nin, alias the rules. The eighth amendment introduced to him" which occurred in clause 13 were shio - on the motion of the Acting is that the provision contained in section 21 öf I deleted.
FRAL, seconded by the CQTORIAL
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