94
most distant dependencies of the great Empire over which King Edward VII. has been sudden- ly called to rule, there is no more loyal com- munity then this, of which am proud to be one of the representatives. In no British colony is the late Queen more sincerely mourn. ed, and in no part of his vast dominions will His Majesty the King find readier sympathy ́in the regál duties which he is so eminently fitted to discharge, but which nevertheless en- tail such weighty responsibilities. In the midst of our gloom and while keenly feeling the great loss the Empire has suffered in the death of our venerated Queen and Empress. it is no small consolation to know that she has left for her successor one whose mature judgment, ripened experience, and ready tact will be sure to carry him through difficulties and guide him to safe conclusions in great crises, should such come That His Majesty King Eward may enjoy a happy, peaceful and prosperous reign, not less glorious than that of his illustrious predecessor, is indeed the prayer of his subjects of whatever race or creed. I beg to second the resolution,
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THE HONGKONG WEEKLY PRESS AND | THE DEFENCE CONTRIBUTION ORDINANCE.
The ATTORNEY-GENERAL proposed the first roading of a Bill entitled an Ordinance to repeal and re-enact with amendments the De- fence Contribution Ordinance, 1896.
marks on
[February 2, 1901.
being a partner in a Hongkong firm, may flud his "status" affected by an order of adjudica- tion against his firm made by the Supreme Court of this Colony, the answer is that he could
by paying the debts of his firm himself or Section 29 of the Bankruptcy Ordinance, 1891, at any time get the adjudication annulled under
getting his partners to do so. Moveover, it inust not be forgotten that the merciful pro charge of debtors, the "whitowashing process visions of the bankruptcy law as to the dis- as it is sometimes called, is entirely unknown to the much more severe Chinese law of debtor and amenable to the Bankruptcy law of this Colony creditor, so that a member of an insolvent firm is far better off than he would be in China, where ho is liable to be cast into. prison till he or his relatives have paid the "uttarmest farthing." Since this Bill was read a first time, the Honse of Lords have upheld the decision that a for- eigner, domiciled and resident abroad, who, without himself coming to England, carried on business there through an agent, was not ́a "debtor within the meaning of the English Bankruptcy Act of 1883. See Cooko v. The Charles A. Vogeler Company, 17 Times Law Reports, p. 183. But I observe that, in his judgment, the present Lord Chancellor. says: might not be a reasonablo thing to apply the Eng. 1 am by no means prepared to ray that it lish law of Lankruptcy to a trader, who, though himself personally abroad, exercis through the instrumentality of an agent, and a tračoj possessed assets in this country capable of being reached by bankruptcy adminstration." This is what it is proposed to do in Hongkong, by express legislation, in order to meet the special circumstances and special requirements of com- morce in this Colony, because it has been found that bankruptcy legislation precisely similar to that of England is inadequate to meet these requirements. If the authorities at home do not approve of such special logislation it is of course competent for them to disallow the Or. dinance.
said-As it is desirable to have the Bill put The COLONIAL TREASURER ceconded. He through as early as convenient it may not he out of place for me to make a few re. seconding the first reading. Hon- oarable members are aware that at present the colony is paying 174 per cent, on its ordinary revenue on account of military contribution, and annually on account of barracks, defence works, that in addition to this large payments are made and other extraordinary military works. What is now proposed is to combine those payments by making an annual contribution of 20 per cent. | ou the ordinary revenus of the colony, as has been done in the Straits Settlements. In the Secretary of State's despatch putting forward this proposal the following new works to be paid for by this Government are suggested, viz.:- defence works, £90,000; extensions of existing works and buildings £45,000; tactical roads, etc., The Hon. Dr. Ho Kat faid-Sir, on behalf £16,300; the total cost of which will, therefore, of my colleague and myself, and those whom amount to £151.380, or say $1.513,000. In ad- we have the honour to represont on this Council,dition to this, however, there is a balance of I have much pleasure in supporting most £53,360, or $533,600, still to-be paid on account cordially the resolution that has been 80 of harracks and other works in progress. It eloquently proposed by Your Excellency and would, therefore, appear that the contemp'sted seconded by the Honourable the Senior Un liability of tho colony for such works during official Member. In the deep and universal the next few years amounts in all to $2,046,600. gloom into which we have all been plunged by Now the ordinary revenue for the current the sad death of our beloved Queen, the acces- year has been estimated at $3,500,000, but sion of His Most Gracious Majesty King Edward taking $3,900,000 as the average to be ox- VII. to the throne has been the one bright pected for somo years to spot, the silver lining, as it were, of the black two and a half per cent. could be put at come, the extra cloud overhanging the whole Empire. In His $97.50 per annum. Comparing this with the Majesty we have a most worthy successor to liability of $2, 46,600, it would apparently tako our glorious and noble Queen, and on him wo over 20 years to pay the whole amount off. may confidently rest our hopes of the future Again, as hinted by the Secretary of State: and the continued greatness, prosperity and 'happiness of tho vast British Empire.
The arrangement now proposed will be more May advantageous to Hongkong than the present His Majesty have a long, happy, and glorions system, under which the Colonial revenues aro reign" is the humble wish and fervent prayer continually calied upon to meet the cst of of all His Majesty's loyal and devoted Chinese necessary works, the amount of which can- subjects in this colony of Hongkong.
The Conncil then went into committee and . net to anticipated." It may be taken for considered the Bill clause by clausé. Several granted that either during or immediately amendments were made, and consequently on after the period of 20 years fresh demands the Council resuming the third reading was not will be made, se that in my opinion it proposed, being put off until a subsequent meet- would be best to have the whole question sottleding of the Council. by the present arrangement. As a minor point in favour of the Bill, I may mention that under
The Council then adjourned until Thursday the presont arrangement when private lands are purchased by the military authorities the colony practically loses the benefit of the Crown rents which it has hitherto enjoyed; within the last few years a capitalised value of over $10,000 having been lost on this account. I rany add that the averago percentage paid military contributions amounted to 19.42 per during the last few years on account of all cent. of the revenue, or very nearly 20 per cent.
The motion was carried.
His EXCELLENCY the GOVERNOR-Mombers of the Legislative Council who are prepared to assent to that resolution kindly stand.
All rose.
PAPER.
The COLONIAL SECRETARY laid on the table reports dealing with the water supply at Kowloon.
F. NANCIAL.
The COLONIAL SECRETARY laid on the table Financial Minutes Nos. 1 to 5 and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded and the
motion was carried.
The COLONIAL SECRETALY laid on the tabl the report of the Finance Committee (No. 20) and moved its adoption.
The COLONIAL TREASURER seconded and the motion was carried.
PUBLIC WORKS COMMITTEE. The DIRECTOR of PUBLIC WORKS laid on the table a report of the proceedings of the Public Works Committee at a meeting held on the 23rd January, and proposed its adoption. The COLONIAL SECRETARY seconded and the motion was carried.
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THE BANKRUPTCY
ORDINANCE.
The motion was carried.
next.
MEETING OF THE FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council Meeting, the Colonial Secretary presiding. The follow- passed: ing Financial Minutes were submitted and
The Governor recommends the Council to vote a sum of $14.429.63 to meet the cost of repairing the damages done by the recent typhoon.
ABSTRACT,
$ 207.50 To replace stores, modi-
cines and sundries de- stroyed at Taipo...
The ATTORNEY-GENERAL proposed the second reading of the Bill entitled an Or- | Medical Department,- dinance to further ameal the Bankruptcy Ordinance, 1891.
To replace bamboo sun He said - The Bill to clinds further amend the Bankruptcy Ordinance, 1891, was read a first time December, 1960, and duly published in the on 10th
Gazette of 15th Decembor. Honcurable Members will recall that, on the first reading. I ex-Police Department→ The following Bills passed their first read-plained the Bill and stated that I should be glad ings:-
FIRST READINGS.
Bill entitled an Ordinance to consolidate and amend the laws relating to public health in the colony of Hongkong.
Bill entitled an Ordinance to consolidate and amend the laws relating to rating.
Bill entitled an Ordinance to amend the cri- minal law as regards certain indecent outrages and assaults.
certain
to know the views of the legal profession and the Mercantile Community with regard to it. I understand the Chamber of Commerce to foel stron:ly that, having regard to the special cir- cumstances of this colony, the jurisdiction pro- posed to be conferred upon the Supreme Court is nccessary and proper. It would manifestly be most injurious to mercantile credit with Chinese firms in Hongkong, if the mere fact that one of the partners resided in China and was neither a British subject nor domiciled in Bill entitled an Ordinance to amend and de- this colony, was allowed to oust the Bankruptcy clare in certain respects the law to be adminis-jurisdiction of the Court as against the firm. tered in the Supreme Court.
Bill entitled an Ordinance to consolidate and amend the laws relating to trustees.
Bill entitled an Ordinance to repeal various statutes relating to civil procedure or matters connected therewith.
Bill entitled an Ordinance to establish a code of procedure for the regulation of the process, practice, and mode of pleading in the civil jurisdiction of the Supreme Court of the Colony,
It is over six weeks since the Bill was gazetted and I have heard no word of objection to its principle from either the European or Chinese Mercantile Community. shall propeso in Committee in
The amendments I affect that principle. They relate rather to no way form and detail. If it be said that, under the provisions of this Ordinance, a solvent or wealthy Chinese subject living in China, but
Repairs to two Police Botanic and Afforestation
Launches...
Public Works Department—
Department
Praya Road West... Hospital Sheds, Konnody
Town
Telephones
Sheds at Taipo
81.00
$ 288.50
7,740.00
431:13
$1,000.00
850.00
700.00
1,500.00
Lighthouse repairs, &c. 1,500.00 Miscellaneous...
Total...
370.00
5,020.00
$14,429-63
The Governor recommends the Council, to vote a sum of $1,440 to cover, during the dur Mr. Moore and Mr. Mackie, student interpre- rent year, the cost of increases of salaries of ters.
The Government recommends the Council to vote a sum of $200 to provide additional sup
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