128
woman or girl to a place of safety to be there detained until her case be enquired into.",
The COLONIAL SECRETARY seconded and the Bill passed the second reading.
The Council then went into committee to consider the Bill clause by clause.
THE HONGKONG WEEKLY PRESS AND
magistrate, and unless the magistrate has some discretionary power on the landlord proving he had no knowledge of the matter he would have to be fined $500, and that would be a great hard. ship. If the Attorney-General is not prepared to accept the amendment of the honourable member I have an amendment which I shall be very glad to bring forward.
|
[August 12, 1899, –
NATURALIZATION.
:
The Bill entitled an Ordinance for the Na turalization of Yeung Chenk Hin olias Yeung Shun Kong was read second time, and after it had been considered in committee it was read third time and passed. THE CONCEALING OF OPIUM ON STEAMERS. The ACTING Attorney-GenEBAL, in pro- HIS EXCELLENCY THE GOVERNOR-I take it that the object of the Bill is that the land posing the second reading of the Bill entitled an Ordinance for the Prevention of the lord should know something about his tenants Concealment of Opium on board Steam- * and should take some security from the pro- ships, said-As honourable members will see posed tenant in order to safeguard himself,
from the objects and reasons of the Bill the The Hon. C. P. CHATER-As far as the object of this Bill is to impose a penalty upon safeguard is concerned it is out of the ques- any person found concealing opium on board of tien to get security from people who pay any ship. This Ordinance has been brought
month for It is not from $10 to $12 a
floor. forward in consequence of representations made There is security given when it is farmed by the Chamber of Commerce to the effect that out to a Chinaman, and in a case like that the
persons have sometimes concealed opium on farmer should be the one brought forward and board of ships bound for Saigon, and that punished and not the landlord. The landlord such concealment has led to very heavy fines has no power over these tenants. He cannot being inflicted upon the ship on her arrival in even by law distrain for rent. He can only Saigon, upon such opium being pointed out by sue the farmer. The landlord is perfectly help-informers there who most probably have been loss in the matter. I think the Attorney-Gen- in communication with the actual concealers of the opium. As the law stands at present no punishment can be inflicted upon any person found concealing opium ou board a ship, and it seems desirable to remedy that state of affairs, in order to place some, check upon the concealment of opium on board ship.
The Hon. Dr. Ho KAI-I propose to move an amendment to clause 5. After the words "five hundred dollars at the end of the section † propose that the following words be added, provided always that if the owner shall prove to the satisfaction of the magistrate that every reasonable precaution has been taken by him to prevent such premises from being used as a brothel he shall not be convicted." The section as it stands seems to me to impose a very great hardship upon the owners of houses. as it on a man being convicted of keeping a brothal he applied to the landlord again for permission to rent a house, because in that case if the landlord let the house to a man who had been convicted of keeping a brothel the land. lord should very properly be convicted and fined $500, But a new tenant may come and take the house From him and use it again as a brothel People may say that a landlord in. stead of standing by and enjoying the in- come derived from the rents of his houses should assist the Government and the pub. fic generally to put down brothels. And I think "they should do something to show that they have taken some trouble in as- certaining the class of tenants they are about to get to rent their houses. Therefore I would have these words put in as I have suggested, One can understand the differenos between my amendment and the one which I believe my honourable friend opposite wishes to bring forward to meet the case. If a landlord is absent from the colony and during his absence the premises are let to someone who may make use of them as a brothel, he may prove that he has no knowledge of such a thing, but it does not pat upon the landlord the duty of doing some- thing for the benefit of the public or of helping the Government to stop these aly brothels or brothels existing next to respectable family honses I think it is well known to every hon- ourable member of this council that the feeling of the public is very strong upon this point that all brothels should be kept away from the residences of respectable people (bear, bear.)—and that they should be confined to a certain locality, if they cannot be banished altogether. If the Gorerament are to carry out this measure with any hope of success, they must have the co-operation of the landlords, and the landlords can give them such co-operation by taking some precaution before they let out their premises.to intended tenants, such as making some enquiry about their inten. ded tenants or taking security from the tenant, or by giving instructions to the rent collectors of shroffs to go round at night time persou- ally paving surprise visits and if they find out that these places are frequented by men and if the inmates openly receive risitors they could report to the landlord, who could report to the Registrar-General or the Captain Superintend- ent of Police. In this way they would make themselves safe from conviction and at the same time would be assisting the Government in carry- ing out the law, and would also conter a benefit on the public by assisting in driving all these houses of ill fame to one locality and away from the houses occupied by the respectable Chinese and European families. With these few re marks I beg leave to propose this amendment.
Thế Họn, C. P. CHATER-Not knowing that the honourable member opposite was about to propose an amendment I intended to do so_my- sol but after the remarks made by him I am perfeptly agreeable to accept that amendment and to second his proposal. There is no doubt if the section is kept as it is now
be a very great hardship upon the landlords. A landlord is not supposed to kuow exactly who the man is who comes to rent a house from him. He comes and bar- gains, and, then sub-lets each floor. Perhaps first floor is nged as a brothel and then the Ikatlord is summoned and fined $5 0. Suppos- in's a honge is closed for being a brothel and two or three months afterwards changes hands. Some new owner comes, and he does not know that the house has been closed as a brothel. it is need as such again he is brought before the
would
:
oral will
say
that that is so?
A
The ACTING ATTORNEY-GENERAL-The person for the time being receiving the rent or a consideration for the use of the premises is the person to be proceeded against. That is according to the interpretation clause.
His EXCELLENCY THE GOVERNOR—In a cuse like that mentioned by the honourable member they both receive consideration both the land- lord and the farmer.
The ACTING ATTORNEY-FENERAL-I take it that the person who immediately receives cousideration is meant.
The Hon. T. H. WHITEHEAD-I think
the owner should not be exonerated, because this system of farming out large blocks of build- ing is a most pernicious one.
His EXCELLENCY THE GOVERNOR-Would it not be possible to prepare such an agree. ment in letting a house as would cover the owner in the event of certain things being done which ought not to be done?
A
The COLONIAL SECRETARY seconded and the motion was carried.
The Council then went into committee to consider the Bill clanse by clause.
The Hor. E. R. BELILIOS-May I ask if the Bill refers to sailing vessels.
The ACTING ATTORNEY-GENERAL-The Chamber of Commerce were expressly asked if this Bill should include sailing vessels, but they thought it would be sufficient if it included steamships only.
▾
The COLONIAL TREASURER-I do not know why it should not include sailing ships.
The Hon. T. H. WHITEHEAD-The chances are remote as regards sailing ships, but there is no reason why they should not be included.
His EXCELLENCY the GOVERNOR-The ob-
The Hon. C. P. CHATER-There is absolutely no agreement in connection with these housesject of this Bil is to prevent the conosalmant except that entered into with the farmer. person takes a floor and pays $10 or $12 a month rent and no document passes between the parties. Where there is a fariner there is an agreement of security. But in that case the landlord cannot turn a tenant out; it is the farmer who can do that.
HIS EXCELLENCY THE GOVERNOR-But the landlord has power to take a peual clause to ensure that his premises are used properly.
The CAPTAIN SUPERINTENDENT of POLICE -I would like to point out that the landlord has got his rent collector. I never find any difficulty myself in finding out from the rent collectors who the occupiers of the floors are. I had a case the other day, and I found out who paid the rent of the house by going to the rent col- lector. He knew all about it, although he was a Chinaman. I think it is very desirable to bring home to the landlords their responsibility. Atpresent some of them take no trouble whatever in the matter. I can quote cases where persons who have been annoyed by brothels and who could not get a certain number of householders to go before the Magistrate have complained to the landlord but without result.
of opiam on board steamships going to Saigon and then telling the authorities by telegraph where the opium could be found for the purpose of obtaining the large reward as informer. thick the Bill is all that is necessary without
any
addition.
The Bill passed through the committee stage and was read a thind time and passed,
THE LIQUOR LICENCES ORDINANCE. The Council went into committee on the Bill entitled an Ordinance to amend the Liquor Licences Ordinance, 1898.
Sub-
The ACTING ATTORNEY GENERAL moved that clause 3 be amended by the (sabstitution of the word "September" for th werd "July' and that clause 3 be reaumbered, clause 4 and the following new clause be inserted in the Bill and numbered clause 3, namely: section 4 of section 31 of Ordinance 24 of 1899 is hereby amended by substituting a comma for à fait stop after the word licence, and by adding to such sub-section the following words, namely, 'and no liquor shall be sold or drunk on the premises by other persons than those of Chinese race between the hours of midnight and 6 a.m.' l'he Acting Attorney-General explaired that The Hon. Dr. Ho Kat-In the amendment
the object of introducing this new clause was to I propose that the landlord shall prove to the
prevent European and American soldiers and satisfaction of the magistrate that every pro-sailors from drinking at Chinese restaurants caution has been taken by him. My object is during the hours wheu, public houses are shut. to get the landlord' to co-operate with the Government, and if he failed to show to the Magistrate that he has taken every precaution to prevent his premises being used as a brothel then the Magistrate would be right in convleting him. it
If
-
The Hon. C. P. CHATER-I think some such discretion ought to be allowed to the Magistrate, otherwise it would touch very hardly upon the landlord.
After some further comment, the Hoa. T. H. WHITEHEAD "suggested that this clause should be left over for further, consideration, and his suggestion was adopted.
The rest of the clauses were then goue through and some slight alterations made.
The Council then resumed, clause 5 being left over for consideration.
"
* 24
The HARBOUR-MASTER-I understand that the Chinese may drink all night but thất Euro peans and Americans may not do so. Is that so?
The ACTING ATTONEY-GENERAL—That is
The Bill passed the committee stage and Council resumed.
80.
THE CATTLE DISEASES ORDINANCE, The Bill entitled an Ordinance to further amend the Cattle Diseases, Slaughter-houses, and Markets Ordinances was read a third time and passed.
APPROPRIATION.
The Council went into committee on the Bill entitled an Ordinance to authorise the Appra priation of a Supplementary Sum of Three hundred and Eight thousand Six hundred and
No comments yet.
Private notes are available after approval.