July 8, 1899]
THE LAW AS TO VERANDAHS.
It may be remembered that when Ordinance 4 of 1888, the object of which is to prohibit the enclosure of verandahs erected over Crown land, was passed it was for a time enforced with vigoar aud caused no little irritation. After wards the law was allowed to fall practically into abayance. Now it is again being strictly en- forged. The Ordinance provides':—
CHINA OVERLAND TRADE REPORT.
dinances and will be grieviously affected and injured in their properties and possessions.
By the said Ordinances your Petitioners as Assignees of the said Francis Bulkeley John- son and Catchiok Paul Chater have the right for twenty years from the date of the said Or. dinances, that is to say, until the 12th day of June, 1904, to do all or any of the things here. inafter mentioned free from all rents, fees and charges whatsoever, ordinary rates and taxes only excepted:-
(1.) To construct such and so many Wharves and Piere extending into the harbour of Hong- kong as they may think requisite and proper at and from any part or parts of the Public Praya lying directly opposite Marine Lots 95, 96, 97 and 98 in Victoria and Kanlung Marine Lots
From and after the passing of this Ordinance it shall not be lawful to erect any partition in, or enclose, or partially enclose, any portion of any verandah now erected, or which | may hereafter be erected, on Crown land, uor to make use of any such verandah, or any part thereof, as a bath-room, urinal, water- closet, sleeping apartment, store-room or cook-9, 11, 20 and 21. room, nor to allow rain or other water to be projectell therefrom.
2-On the passing of this Ordinance all partitions in, any enclosures of any portion of any verandah erected on or over Crown land shall be removed, and the Surveyor-General shall, in all cases where such partitions are not removed, give written notice to the owner or occupier of the house or part of the house to which the verandah is attached, requiring him, to the Surveyor-General's satisfaction, to remore all such partitions and enclosures except bamboo blinds capable of being rolled up (within a specified and reasonable time), and in case the said owner or occupier shall not obey or comply with the said notice he shall be liable upon summary conviction to a fine not exceeding $100, and to a further fine not exceeding $20 per day so long as the said notice is not complied with.
3.Auy person contravening or disobeying the provisions of section 1 of this Ordinance shall be liable upon summary conviction before a Magistrate to a fine not exceeding $50 for the first offence, and to a fine not exceeding $200 for the second and any subsequent offence.
4. This ordinance shall not apply to buildings occupied by the Amiralty or War Department." As we have stated, tuis Ordinance has for some time been practically a dead letter, verandahs having been used for storing goods and otherwise misused, with the result that the ventilation of houses has been seriously interfered with Some persons have already been fined for offending against the Ordinance, and further summouses have been taken out.
HE PIERS ORDINANCE,
PETITION BY THE HONGKONG AND KOW- LOON WHARF AND GODOWN CO., LIMITED.
The following petition from the Hongkong and Kowloon Wharf and Godown Co., Limited, against the second reading of the Bill entitled the Piers Ordinance, 1-99, is published in the Gazette.
To the Honourable The Legislative Council of
Hongkong
The Humble Petition of the Hongkong and Kowloon Wharf and Godown Co., Limited. Respectfully Sheweth :--
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(ii) To make such alterations and additions to such Wharves and Piers as they may at any time think requisite and proper
(iii.)-To have for themselves and their As- signs the exclusive use of such wharves and piers with full power to mortgage, sell and as- sign, or to demise and let the said Piers as they shall think fit.
(iv.)-To make Rules and Regulations for the maintenance and use of the said wharves and piers and have the same enforced by fines and penalties.
(v.)-To hold and exercise all the rights, pow. ers, and privileges granted by the said Ordin- ances free from all rent and charges in the nature of rents or license fees and subject only to stipu- lations and conditions in the said Ordinances expressly reserved and contained and to the general law.
W
38
HONGKONG AND THE CHINESE
CUSTOMS
on the subject"
The following correspondence of the proposed arrangements for the prote tion of Chinese revenue in Hongkong, which was laid before the Legislative Council on the 27th June, is published in the Gazette OFFICER ADMINISTERING THE GOVERNMENT TO SECRETARY OF STATE. JOSHUMI
⠀⠀⠀ GOVERNMENT House,- HONGKONG, 29th July 1898, Sir, I have the honour to transmit a copy of a despatch received on 23rd July from H. B. M.'s Minster at Peking enclosing copy of a letter from the Inspector General of Chinese Customs setting forth arrangements which, in- Sir Robert Hart's opinion, are necesary for the protection of Chinese revenue under the now circumstances created by the extension of Hong. kong territory, and to submit for your conside ration, comments and observations on the matter treated in Sir Robert Hart's numbered para graphs, which I follow
Your Petitions respectfully submit that by the provisions of the Bill read a first time on the 20th June and entitled "The Piers Ordin- ance, 1899," they will, contrary to the rights, powers, and privileges conferred upon and secured to them and their assigns by the said Ordin- ances 18 and 19 of 1884; be made subject to the payment of rent calculated upon a scale far in excess of any rent now paid for any Marine Lot let under lease from the Crown for 999 years. They will be deprived of the exclusive use of the Wharves and Piers constructed by them at an immense expense for the special purposes of their business in reliance upon the provisions of the said Ordinances and of the good faith of the Government of Hongkong. They will be prevented from increasing the number of, or in any way adding to, or altering, their said Wharves and Piers. They will be deprived of their right to cover in their said Wharves and Piers if the necessities of their business should render it expedient for them so to do, and of their power and privilege to make Rules and Regulations for the main. tenance and use of their said Wharves and Piers. They will be extremely hampered in the conduct of their business as Wharfingers and Godown keepers by the proposed regula tions in the said Bill contained by which access by water to their Wharves and Piers is or may be restricted and by the prohibitions therein contained as to storing or keeping materials thereon.
They will, lastly, be deprived of their right to mortgage, sell, assign, or demise their said Wharves and Piers as the requirements of their said business may render advisable or necessary. Your Petitioners therefore humbly pray. That they may be heard by their Counsel against the said Bill upon its second reading or at such other time as your honourable Council may think fit to hear them.
(1) That your petitioners are desirous of being heard before this Honourable Council by Mr. J. J. Francis, Q.C., their couusel on the motion for the second reading of a Bill read a first time at the meeting of this Honourable Council held on the 20th instant
· entitled “The Piers Ordinance, 1899," or at such other time as may be appointed for the purpose. (2) That the rights and interests of your petitioners in the Piers and Wharves owned by them in Victoria and at Kowloon and in their property generally is peculiarly affected by the
Chairman of the Board of Directors, proposed Bill and that they claim to be heard
C. P. CHATBR,·· by your Honourable Council under the provi
Vice-Chairman of the Board of Directors. sions of paragraph 52 of the Standing Orders of | Edward Osborne, Secretary of the Company, the Legislative Council of Hongkong,
(3.)That your petitioners are the Assignees of certain rights, powers, and privileges granted and conferred by this Honourable Council to and upon Francis Bulkeley Johnson and Cat- phick Pani Chater respectively by Ordinances Nos. 18 and 19 of 1884 respectively, and that if the Bill now befor this Honourable Council should become law, your petitioners will be thereby deprived of many of the rights powers, and privileges secured to them by the said Or,
And Your Petitioners as in duty bound will ever pray &o, &c.,
J. J. KESWICK,
Hongkong, 24th June, 1899.
1. I strongly recommend that the Chineset Customs be not formally accorded the right to maintain its office in Hongkong and that the Commissioner of Customs be not recognised as a Chinesa Official but that he remain as at pre- :! sent without official status of any kind. The English Government has always recognised the objections to a Chinese Consul in Hongkong, and a Consul's functions are strictly limited by law, much more should we object to the estab lishment in our midst of a Chinese official with ill-defined and unlimited powers. The Chinese Government should. I think, be permitted to to have an agency in the Colony of a purely mercantile character merely for the purpose of issning opinm certificates unconnected in any way with any other kinds of goods and entirely of an unofficial character and beyond the control of any recognised officer of the Chinese Cus tome. The existing sub-stations Changchow. Capsuimoon, Laichikok, and Fotochow-should be removed to points outside the leased territ- ory; their retention on the present sites would be a fruitful source of friction and would always be misconstrued by the Chinese mind there are many points both on the coast and on ad- jacent islands where the Chinese Customs could establish its new stations.
2. The proposal to give the Chinese Customs the right to levy duties within the Colony of Hongkong would be a surrender to China of one of the primary functions of Government, and the right of having special jetties where these unprecedented operations would take place.
3.A somewhat similar argument may be employed against the proposal that Chinese Customs' cruisers and launches should be al- lowed to exerofse their functions within British waters. Besides being an infringement of our sovereignty such right of search would inter fere in an undue and unreasonable manner with the whole junk trade of the Colony and could not fail to lead to frequent complications.
Moreover, as these Chinese Customs' vessels are officered by men of all nationalities, it would be inexpedient to give them by right such opportunities of reconnaissance and of noting naval and military arrangements. In short, it would be unwise to increase the privileges which they at present enjoy.
4-The fourth proposal is unobjectionable as it merely sets forth an existing state of affairs.
5-This Government has no intention to abrogate the present law concerning the move- ment, &c., of opium and will be prepared to consider any amendments necessary to meet. new circumstances which may be submitted. The second portion of the fifth proposal giving a Chinese official the right to inspect establish- ments and shops in British territory and eto overhaul their books and accounts is, I submit, wholly inadmissible.ber kent older
A Tokyo despatch of the 22nd June, published by the Kobe Chronicle, states-The latest telegram from London to the Government re-enforcement of Colonial laws. The question, garding the Japanese new loan bonds, states that that they are improving, and journalistic comments have ceased. The first payment of £15 for each £100 has been concluded, and sel- ling at a low price has ceased. The quotation now stands at £881.
6.There is no idea of relaxing the present however, of regarding its own officers must be left entirely to the discretion of this Govern- ment, which cannot be expected to arrange för an equal division of the proceeds of sale of con fiscated goods between itself and the Chi5095 Government.
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