7
THE HONGKONG WEEKLY PRESS AND
man has to do is to apply for a license, and if he is a suitable person he will be granted one and will have no fee at all to pay
[April 7, 1900.
creases of salaries are very largely based on the recent continuous increase in the cost of the necessaries of life. It is desirable in the interests of the Government and the community that a thorough enquiry should be made and a remedy found if possible. L
The Hon. J J. KNSWICK-Sir, I have much pleasure in seconding that resolution. It seems to me that if there is any ground for the state- ment that illegitimate influences are brought | were entered into months ago, and many of postpone the levying of this very large f
to bear to keep up the prices of the commodities referred to in the resolution a commission would be the best means of finding it out, and should it be discovered that any such improper influences did exist then I think they should be put a stop to.
The ACTING COLONIAL SECRETARY-Sir, Tam not quite clear whether the honourable member means a committee of this Council or not.
..
The Hon. T. H. WHITEHEAD-Nó, not a com- mittee of this Council, but of gentlemen outside this Council, and I would suggest the names of. Dr. Hartigan, Mr. F. Maitland, Mr. A. M. | Marshall, Mr. E. Osborne, and Mr. J. J. Francis, Q.C. All these are men of lengthened experience in the colony and are spund and honourable business men.
f
On the motion being put to the meeting His EXCELLENCY declared it carried, only the Colonial Treasurer and the Hou, H. C. Nicolle voting against.
The ATTORNEY-GENERAL-This committee will have to be appointed by the Governor. Would it not be advisable to leave out the names ? The Hon. T. H. WHITEHEAD-I am quite willing to leave the matter in His Excellency's
hands.
that The ATTORNEY-GENERAL-Perhaps would be the wiser course. I suppose you merely suggest the gentlemen you mention as suitable to sit on the commission P.
The Hon. T. H. WHITEHEAD-I merely put them forward as a suggestion.
His EXCELLENCY-I may say that I am quite in favour of the resolution, and shall be glad to consider the names submitted by the honourable member.
The ATTORNEY-GENERAL-I understand the honourable mamber to move the resolution as it stands here and that the names are merely sug. gested.
The Hon. T. H. WHITEHEAD--Yes, I merely suggest them.
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T
THE ARMS BILI..
The ATTORNEY-GENERAL proposed the third reading of the Bill entitled an Ordinance to Amend and consolidate the law relating to the carriage and possession of arms.
The ACTING COLONIAL SECRETARY seconded The Hon. C. P. CHATER-Your Excellency, may be permitted to make a remark. I was told that the honourable the Attorney-General was going to have this Bill re-committed to put in another exemption--that is to say, the mem- bers of the Rifle Association. I understood that the Chief Justice had spoken to the Attorney-General, and that it was arranged that this exemption should be put into the Bill before it passed the third reading.
The Hon. T H. WHITEHEAD-I beg to move that the Bill be re-committed for the pur- pose of adding a clause postponing for six months from this date its coming into operation, The European importers have a considerable contracts still outstanding. These number
to
The Hon. T. H. WHITEHEAD─I beg to move that the Bill be re-committed for the purpose of having a clause inserted whereby the fee of $1,200 shall not be payable until the 1st January, 1901. In view of the expressed wish of almost all the unofficial members in regard to the last resolution I implore the Government to deal as leniently as possible with the Chi- nese dealers in arms and ammunition, and to them will not be completed for six or eight, or until the 1st of January, next year, so as ten or twelve months. The fee has been in give them the opportunity of honestly carrying oreased from $10 to $1,200, and if this very out the contracts which they have already en- large increase in the fee is brought into opera-tered into. No cause has been shown to this tion at once many of the Chinese dealers will Council for the immediate bringing into be unable to pay it. These dealers ha re entered force of this new law, sud I sincerely hope. into contracts with the European importers, the Government will see their way to postpone and they will very likely be unable to perform until the first of January next year the levying their contracts; they may be compelled to re- of this very large if,not exhorbitant fee of pudiate them, and in that case the European $1,200. importers will be saddled with arms and am- munition on which they might suffer very heavy loss. One importer came into my office this morning and showed me a bundle of contracts entered into within the last three or four months, and these contracts run on for another year. If this large fee is to be levied at once I am sure that the Chinese dealers will be unable to fulfil their contracts. I think it will be un- necessary to bring the Bill into operation until six months bence.
The ATTORNEY-GENERAL-I would like to point out that sub-section 2 of section 11 says:
No person, who at the date of the com- mencement of this Ordinance possesses a valid and unexpired license for importing or dealing in arms, need take out a new license under this Ordinance until the expiration of his current license." Therefore, all these dealers who at the present time have licenses will not have. to take out fresh licenses until their present licenses expire. Then this is not a Bill which has been hurried through the Council. This Bill was before the Council three or four months ago. (The Hon. T. H. WHITEHEAD: Five years.) I think that the latter part of last November counsel was heard upon it, and then about the 10th January a memorandum from the Chamber of Com- morce was received. The Bill has been before the public a long time, so that though dealers might suppose there would be some amendments in it-as indeed there were they had no right to assume that the license fee would be altered. It is impossible to pass an Act of this kind without pressing hardly perhaps on a few per- sons to begin with, but there is no substantial reason I believe why should be postponed any further. Dealers have the benefit of their cur- rent licenses and they have had several months' notice.
The Hon. E R. BELILIOS seconded.
This amendment was also lost, four voting for and eight against. Those who voted for were Messrs. Wei A Yuk, Belilios, White boad and Ho Kai.
The Bill was then read a third time and pass- ed, eight voting for the motion and four against (Messrs. Wei A Ynk, Belilios, Whitehead, and Ho Ksi)..
The Council then adjourned sine
MEETING OF THE FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council meeting, the Acting Colonial Secretary presiding.
The CHAIRMAN said the Governor recom- mended the Council to vote a sum of $240, being an allowance granted to Inspector John Lee, of the Registrar General's Department, Lee had a great number of years' service and it was proposed to grant him this allowance part- ly for his long service and partly for a know- ledge of Chinese which enabled him to dispense with an interpreter in the execution of his duties.
The vote was agreed to. This was all the business.
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SUPREME COURT.
April 4th.
IN ORIGINAL JURISDICTION.
BEFORE SIE JOHN CARRINGTON (CHIEF JUSTICE).
BELIĻIOS V. THE BANK OF CHINA AND JAPAN,
and Pollook (instructed by Messrs. Johnson, Stokes, and Master) for the defendants.
LIMITED.MOTION FOR JUDGMENT, The Hon. DR. HO KAI-I second the motion
In this case Messrs Robinson and Blade (in- proposed by my honourable friend the repre- sentative of the Chamber of Commerce. The structed by Messrs Deacon and Hastings) appear- Chinese dealers, although they know this Bill ined for the plaintiff and Messrs. Francis, Q.C., one form or another had been hanging about for the last five years, could not tell whether certain sections might not be materially altered ; and now it has become law I think a few months grace should be given. As regards the present licenses, I happen to know that several firms let their licenses expire before this Bill was passed and they were granted temporary licenses month to month. The licenses of the majority will ter
or two. 1 think the minate in a month
of the honourable member is a request reasonable one, and I do hope that the Go- 85 lenient as possible verument will be
They are traders just in with these dealers. the same standing as any others, and there is no reason why any law should press hardly upon them.
{
The ATTORNEY-GENERAL-The honourable member is correct in part of what he states. I have had a communication from the Chief Justice on the subject, but I explained to him that the Government were not in a position to accede to the request. I pointed out at the same time that the members of the Rifle Association who
· were either special jurors, justices, Volunteers, or naval or military men, or any other class which came within the exempted persons, would be exempt from requiring licenses. The only hardship entailed upon any gentleman will be
His EXCELLENCY-I am afraid in legis- that any gentleman who is not a Volunteer or who is not exempted in any other way will havelation of this kind somebody must be hard hit, to write a letter, which will only take a minute I confess that personally I am against the or two, to the Captain Superintendent of Police, amendment. I think the measure should be stating that he is a member of the Association, pressed forward in every possible way. It is giving his name, and asking that a license shall not as if it had been sprung upon you. It has be granted to him, and I am quite sure the Cap-been to my knowledge a great deal discussed, tain Superintendent will grant a license to any and though I regret exceedingly if anybody suitable person. At the same time I may point out is hard hit by it, yet at the same time person- that at the present moment in England-you will ally I cannot agree with the amendment. "I think it is very important that the measure find it in this year's edition of “Whitaker either you or I, or any other member of this should be pressed forward. Council if in England, would have to take out license and pay 10/- for it if he wished to
On the amendment being put to the vote it was lost, five voting for and seven against. Keswick, Belilios, Whitehead, and Ho Kai.
Mr. Francis said that in this case at the close of the plaintiff's case on the last day of hearing the jury returned a verdict which had been re- oorded, namely, "We are unanimously of opinion that the plaintiff has failed to prove his case against the defendant Bank, and is not entitled to redeem the 200 Hongkong and Shanghai Bank shares in question." He asked his Lord- ship, when the verdict was recorded, for judgment for the defendants on this ver- diot, and at his Lordship's suggestion, his friend wishing to argue the matter in some way, he consented to withdraw the application. He now moved again for his Lordship's judgment for the defendants on that verdict, and he re- spectfully submitted to his Lordship that the only question now before the court, and the only one his friends were at liberty to argue, was whe- ther on that verdict, standing recorded as it did, the defendants were or were not entitled to a judgment. Whether that verdict was to be totally set aside and a new trial ordered was a different question, which could only be brought before the court under the provisions of the Code by regular motion, a notice of motion stating the grounds for the application. He repeated that the only question they on their side were propared to argue was whether they were or were not entitled to a judgment on the judgment for the defendants witli coats.
7 a revolver or gun; so that really a man Those who voted for were Messrs. Wei A Yak, verdict recorded. He moved his Lordship for
is better off here than in England. Here all a
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