December 2, 1899!
"This Bill amends the existing law by ren- dering the possession of ammunition, as well as of arms, without a proper authority, illegal. *(Bee clause 5.)
By clause 4 of this Bill the issue of, and conditions to be attached to, licences to carry arms are vested in the Captain Superintendent of Police instead of as heretofore in the Go- vernor, See too clause 11 of the Bill, which substitutes the Captain Superintendent of Police for the Registrar General in the case of licences to deal in arms and which gives power to the Captain Superintendent of Polios (subject to an appeal to the Governor-in-Council) to refuse ... to grant or to cancel a licence.
"It has been thonght expedient to re-enact section 6 of Ordinanss 8 of 1895 in a somewhat modifled form, so as to make the question wheth. er a licence or export permit is required depend not upon the residence of the purchaser or the value of arms or ammunition sold, but apon the question whether the arms or ammunition are sold for use within the colony or for export from the colony.
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CHINA OVERLAND TRADE REPORT. applying a liceuse to carry arms and ammuni- tien, and there is no feo p yable at all for the issue of the license. I may mention, sir, that there are no less than 711" common jurors on the jury list in this colony, and I think it seems rather curious that they should have what I may call an absolute right to carry arms and ammunition, and I understand that the Captain Superintendent of Police is of opinion that it is not advisable that common jurors should have an absolute right to carry arms and ammunition, though no doubt in every case where it seems reasonable that the privilege should be accorded to a common juror the Cap | tain Superintendent of Police will issue a license for that purpose. While on this point I may say that clause 4 of this Bill vests the power to issue licences in the Captain Superintendent of Police, a power which has hitherto been vested in the Governor. I do not know whether it will be thought desirable to give any power to appeal from the Captain Snperintendent of Police to the Governor in Council in respect of the exercise of the discretion mentioned in olause 4. Honourable members will see from clause 11 that in the case of importers or | dealers applying for a licence it is provided that | there can be an appeal from the decision of the Captain Superintendent of Police to the Gor- ernor-in-Council It is a matter for the con- sideratio of members whether such a provision should be inserted in clause 4 or not. these remarks I beg to move the secoud reading.
The COLONIAL SECRETARY seconded. Dr. Ho Ka-I move as an amendment that the second reading of the Bill be postponed for a fortnight for these reasons: First on the introduction of the Bill 8 petition was presented to your Excellency from the Chinese dealers in arms in the colony in respect of th ́s Bill, and I understand that no reply has been given to that petition. Secondly, although The following very necessary new provisions the Bill affects 13 Chinese dealers in arms in are also included in this Bill, namely:-(1) The this colony no translation of the Bill has been prohibition of the movement of arms or am. made. In the absence of an answer to the peti munition within the colony or the waters there- tion, which was presented on the 8th of July last, of (except for the purpose of export under su the petitioners did not know that the Bill was export permit) without a removal permit. (Clause coming on again, and it was only when, as they 8:) (2) The prohibition of the storing of arms alleged, they saw it in the paper the day before or ammonition except at the places registered yesterday that they were made aware that the for that purpose. (Clause 12.) (3) The prohi- Bill was coming on again. Since the Bill was bition against the importation of arros or am- read a first time at the last meeting of the munition except at the port of Victoria. (Clause Council they hare began to make some enquiries 18.) (4) The labelling of arms and ammunition.ud have had a meeting among themselves to (Clause 19.) (5) The power of the Police to open boxes or packages, (Clause 30.) (6) An "extended power of forfeiting arms and amu- nition in respect of which an offence his been committed. (Clause 29.) and (7) An entirely new power of forfeiting arma and ammunities which are without any apparent owner. (Clause 80.)
"It has been found by experience that par. chasers and sellers of arms do not always export these arms by the vessel named in the export permit, but sometimes divert the arms to other ← secret purposes, and it has, therefore, been thought expedient to check this practice by the following new provisions:-(1) By compelling a vendor of arms or ammunition for the purposes of export to procure a mate's receipt for them, (Clanse 7.) (2) By providing for the registration of places where arms or ammunition are stored or to be stored. (Clause 11.) (3) By sompel. ling dealers to keep a stook book and a sales book and by empowering the Police to inspect and compare these books. (Clanses 13, 14 “and 15.) (4) By rendering a purchaser of arms or ammunition, who supplies false particulars to
■ vendor, liable to punishment. (Clause 17.)
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The ACTING Attorney-GENERAL There is only one point in regard to a postponement. I do not know whether the honourable member could be ready sooner than a footnight. My time as Acting Attorney-General is very short now. Sir John Carrington is expected back early in January, and there are the Criminal Sessions and Christmas and New Year intervening.
His EXCELLANCY THE GOVERNOR-Suppose we take the second reading now. I am quite sure that after what the honourable member has said the Council would not go into commit- tee on the Bill at present, and if that course is followed I do not think there would be much time lost by giving the Chinese community an oppertunity of stating fully their ideas. Of course if the honourable member wishes to offer an objection to the principle of the Bill it oan · only be done at the second reading.
The Hon. T. H. WHITEREAL-Kindly let me say a word in sapport of what has fallen from the senior member for the Chinese, as I have not had the opportunity of consulting with those whom I represent and who are in the trade. On a former occasion when the mat- ter was before the Council it was referred to a Commission. That Commission took evidence which was printed and circulated but nó re- port was sent in. Before the second read. ing of this Bill I should like to have the opportunity of consulting with those whom I represent and who are in the trade on the matter, sud I would ask for a month's ad- journment.
torney-General wants to get the Bill through His EXCELLENCY THE GOVERNOR-The At-
this year.
The Hon T. H. WHITEHEAD-May I ask if the colony of Macao are going to follow a similar course?
His EXCELLENCY THE GOVERNOR-I do not know at all. With the permission of the Council, we will postpone the Bill.
The second reading was accordingly post- poned for a fortnight."
THE NEW TERRITORIES LAND court
ORDINANCE.
The ACTING ATTORNEY-GENERAL-I beg to move the second reading of the Bill entitled the New Territories Land Court Ordinance, 1899. Honourable members will see from the objects and reasons attached to the Bill that :--- This Bill is framed to a considerable extent upon the lines of the Squatters', Ordinance, (Ordinance 27 of 1890), which has been found to work satisfactorily.
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"The chief aim of this Bill is to provide owners and occupiers of land in the New Terri- tories with a tribunal to which they can appeal, without incurring the expense of resorting to the Supreme Court, and to arrange amicably questious of disputed title and land and rent disputes generally.
consider the Bill. They came to me only yesterday and showeil me a copy of their petition, and this morning I received letter signed by ten of them detailing some objections to the Bill, which objections of course I have not had time to consider as yet. Therefore I think that as the Bill, from the statement of the Attorney-General, contains a good many new sections, and as the fee payable by importers or dealers has been raised from 810 to $1,200, I think that Chinese dealers should be given a little more time, so that a translation it is proposed by this Bill to substitute of the Bill_could be made and they could con- oertificate of title for a Crown lease, sider it. For these ressous I ask that the because it has been ascertained that the ordinary second reading should be postponed for a fort-holding of land in the New Territórios is a tenancy in perpetuity, and this Government could not, under the terms of the Convention with China, graut a lease for more than 99 years from the date of the Convention... -
"Class 11 of the Bill raises the annual Hence fee of dealers in arms to $1,200 per year instead of 810 (except in the case of retail doa!- ers for sporting purposes only, who are to pay the same licence fee as heretofore), because it is thought that, in a responsible business like this, a substantial licence fee ought to be paid.
"A very necessary proviso is introduced tonight. the effect that arms or ammunition moved by land or water in the colony should be enclosed in sesure boxes and labelled (Clause 19.)
"It may be mentioned that penalties for breaches of the law are in some instances rendered more severe. (Compare section 28 with section 2 of Ordinance 14 of 1895, and potion 16 with section 12 and 13 of Ordinande 8 of 1895.)
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“In conclusion, it may be noted that oficers of a foreign nation are restricted, if they have no loence, to the carriage of weapons of core- mony worn as part of their regular uniform, and that the privilege of carrying arms without lioanoe has been taken away from common jurors. A case occurred in which a common juror abused that privilege." Continuing, the ACTING ATTORNEY-GENEBAL said—I should like to add, sir, with reference to the question of common jurora, as I do not know whether the Bill is sufficiently under- stood by the public,
public, that it is always open for a common juror to apply to the Captain Superin- tendeut of Polica, under clans: 4 of this Bill, for a license to carry or possess arını and aın- munition, and no doubt in any case where such an application appeared to be reasonable the Captain Superintendent would grant the person・
The COLONIAL SECRETARY-I thought your Excellency would have no objection to granting & postponement, so that these Chinese arms dealers might become better acquainted with the Bill. The request seems to me to be a reason. able one.
His EXCELLANCY the GoverNOR-I have no objection whatever, if the Council has no objection.
The Colonial TREASURER suggested that the question of a postponment could be sug- gested when the committes stage was reached.
The COLONIA SECRETARY—I understand that the main object is to get a fortnight's extra time.
His EXCELLENOY THE GOVERNOE-Can you tell me whether there was any answer to the petition P
The ACTING ATTORNEY-GENERAL-No, sir, | bat I think the petition was laid upon the tabla by the honourable member for the Chamber of Commerce. There was a similar provision in the Arms and Ammunition Bill which has not been proceeded with to that in the Bill the "second reading of which I have just moved.
The COLONIAL SECRETARY—I think that under the circumstances the postponement asked for is very ressonable.
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"Clause 15 of the Bill contains special pro- visions for the commutation of rent in produce iuto a payment of rent in money, calculated upon the fair price of such produce. Provision for such commutation appears to be necessary in order to avoid friotion, between landlord aud tenant and to induce the tenant to cultivate the land to the best advantage.
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"Clause 16 of the Bill provides for the re- demption of rent in produce, when such rent is payable in perpetuity, by the payment of capital sum of money.
*Clause 17 provides that, in any agreement made on and after the Slat day of January, 1900, (which is the first day of the next Chinese year), no rent in produce shall be reserved.
"The object of clause 18 is to settle disputes in oases (interali () where a man, who is adjudged to have no proper title, has been occupying and improving land and where he appears to be equi- tably entitled to continue to occupy such land upon his paying such a rent as is fair and res- sonable, having regard to such improvements. The COLONIAL SECRETARY seconded, and th motion was carried.
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