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HONGKONG LEGISLATIVE
COUNCIL.
On Thursday afternoon, 7th inst., à mooting of the Hongkong Legislative Council was held in the Council Chamber at the Government
Offices, there being present:-
His EXCELLENCY the GOVERNOR (Sir HENET BLAKE, G.C.M.G.).
His EXCELLENCY Major-General GAS COIGNE, C.M G. (Commanding the Troops).
Hon. J. H. STEWART LOCKHART, Č.M.G. (Colonial Secretary).
Hon. W. MEIGH GOODMAN, Q.C. (Attorney General).
Hon. A. M. THOMSON (Colonial Treasurer). Hon. R.D.ORMSBY (Director of Public Works). Hon. F. H. MAY, C.M.G. (Captain Su- perintendent of Police)
Hon.BABIL TAYLOR (Acting Harbour Master). Hon. C. P. CHATER, C.M.G. Hon. Dr. Ho KAI.
Hon. J.THURBURN.
Hon. R. M. GRAY. Hon. J. J. KESWICK, Hon WEI A YUK. Mr.R.F.JOHNSTON (Acting Clerk of Councils).
FINANCIAL.
The C LONIAL SECRETARY laid on the table Financial Minutes Nos. 6 and 7 and moved that they be referred to the Finance Committee.
The COLONIAL TREASURER seconded and the motion was carried.
The COLONIAL SECRETARY laid on the table the report of the Finance Committee (No. 1) and moved its adoption.
The OLONIAL SECRETARY seconded, and the motion was carried.
THE DEFENCE CONTRIBUTION ORDINANCE.
The ATTORNEY-GENERAL proposed the se- cond reading of the Bill entitled an Ordinance to repeal and re-enact with amendments The Defence Contribution Ordinance, 1896. He said-This Ordinance substitutes a fixed con- tribution of 20 per cent. in full return, as ex- pressed in section 5, "for the annual cost of the Imperial Garrison, including all capital expen. diture required for Military lands and buildings and the cost of maintenance of all Military works and buildings and the cost of lodgings in lieu of barracks and all other Military charges whatsoever." This is in lieu of the present fixed contribution of 17 per cent., which is in addition to various liabi- lities varying and uncertain in amount in relation to defence purposes. The Honourable the Colonial Treasurer has already gone into figures in connection with this Bill, and I submit that it is a fit and proper Bill to be passed by this Council, I beg, therefore to move the Second reading.
The COLONIAL TREASURER seconded and the motion was carried.
The Council went into committee to consider the Bill clause by clause.
There being no amendments in committee, on the Council resuming the Bill was read a third time and passed.
THE BANKRUPTCY ORDINANCE,
On the motion of the ATTORNEY-GENERAL, seconded by the Hon. J. THURBURN, the Bill entitled An Ordinance to further amend the Bankruptcy Ordinance, 1891, was read a third time and passed.
the
THE HONGKONG WEEKLY PRESS AND
THE PUBLIC HEALTH LAWS. The ATTORNEY-GENERAL proposed second reading of the Bill entitled An Ordinance to consolidate and amend the laws relating to Public Health in the colony of Hong- kong. He said-In moving the second read ing of this Bill I should like to acknowledge the assistance I have received from Dr. Clark, the Medical Officer of Health, in the construc- tion of this consolidation. If I read my memo- randum to honourable members they will under- stand the nature of the Bill and the reasons for bringing it forward, and then I shall propose it be referred to the Standing Law Committee. The memorandum is as follows :—
"The main object of this Ordinance is to con- solidate the provisions of the various enact ments relating to Public Health set forth in schedule A, so far as they are still operative and in force.
preserve uniformity of language, and prevent undue repetition. Nearly the whole of these amendments are purely formal, and the sub stance of the law romains, almost entirely, un- changed.
"
snb.
In section 23, however, two now sections () have been inserted, dealing with smoke nuisances, These sub-sections "follow the law in force in England as set forth in section 91, sub-section 7 of the Public Health Act, 1875, and section 24 of the Public Health | (London) Act, 1891.
|
"The principal Public Health Ordinance, No. 24 of 1887, was divided somewhat arbi- trarily into six Parts, but those Parts had no headnotes referring to their respective contents. In the Consolidating Ordinance, the various sections are grouped together under appropriato headings. This, naturally, necessitates a new arrangement and re-numbering of the sections, but it greatly facilitates reference to any special subject matter.
¡
[February 9, 1901.
ance to consolidate and amend the laws relating to Rating. He said-The objects and reasons attached to the Bill explain it. They are as follows:-
* This Ordinance consolidates the four Ordin- ances as to Rating which it repeals.
18
modified
"The definition of "tenemont"! as regards Piers in order to comply with the provisions of section 17 of the Piera Ordinance, 1899.
24
Section 29 embodies the altérations effected by resolutions of the Legislative Council passed since Ordinance No. 5 of 1892 came into operation.
In section 35 the words "within the first month of such quarter" and "subject to the provisions of section 36" have been inserted to prevent any ambiguity.
64
The only substantial amendment is con-
tained in subsection (1.) of section 39, which is now. It confers upon the Governor in Council power, if he thinks fit so to do, to fix a minimum rateable value for tenements, below which they shall not be rateablo at all. This is desirable, for in some villages there are promises the quarterly rates in respect of which amount only to a few cents, while the trouble and expense of collection and enforcement of payment, are entirely out of proportion to the benefit derive by the Treasury, Indeed, where launch hire for the collector has to be taken into considera tion, the revenue gains practically nothing The remaining amendments are only formal,"
"Certain powers were conferred upon the Board under Part 11 of Ordinance No. of 1887, when any part of the colony appeared to be threatened with or affected by any formidable epidemic, endemic, or contagious disease, and the Governor had, with the advice of the Executive Council, issued and published in the Gazette the Proclamation mentioned in the Or- dinance. Since that time, however, all requi: site powers have been conferred by the Legis- lature without the previous issue of such Pro- clamation, and it has, therefore, boen deomed unnecessary to retain Part II of the Public Health Ordinance, 1857, in this Consolidation. On the motion of the ATTORNEY GENERAL, "It will be seen that the term "Medical | seconded by the COLONIAL SECRITARY, the Officer of Health" has been substituted in this Bill was referred to the Standing Law Com- Ordinance for the term "Sanitary Superintend-mittee. ent" as used in Ordinances No. 24 of 1887 and No. 11 of 1895. This is because the Medical Officer of Health has, since his appointment in 1895, been appointed to perform all the duties formerly appertaining to the office of Sanitary Superintendent. which office is now merged in that of the Medical Officer of Health.
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The continual effort which has been mado
of late years to improve the sanitation of the colony has given rise to several amendments of the Public Health Ordinance, 1887, as well as to other Ordinances passed with the view of securing the introduction of, at least, some light and ventilation into all Chinese houses, and of diminishing the evil of overcrowding in the colony.
"A large number of Byo-laws have, more- over, been made from to time, under the All those at presont repealed Ordinances.
The COLONIAL SECRETARY seconded, and the motion was carried.
A MENDING THE CRIMINAL LAW.
The ATTORNEY-GENERAL proposed the se. cond reading of the Bill entitled An Ordinance to amend the Criminal Law as regards certain indecent outrages and assaults. He said-This rather unpleasant Bill has been rendered neces- sary on account of a case which was prosecuted some time ago. It brings the law of Hong- kong exactly parallel with the law of England, the sections being taken from the English Act.
The CLONIAL SECRETARY, Beconded and the motion was carried.
The Council then went into committed to consider the Bill clause by clause.
There being no alterations in committee, on the Council resuming the Bill was read a third time and passed.
THE LAWS RELATING TO TRUSTEES. · The ATTORNEY-GENERAL
proposed the in force have been collected together and second reading of the Bill entitled An Ordi- inserted in schedule B. It has been found de- nance to consolidate and amend the Laws sirable to leave some few sections of Ordinances. relating to Trustees. He said-The object
of this Bill is No. 34 of 1899 and No. 15 of 1894 unrepealed,
to place on the Statute bocaused such enactments as relate to the height Book of the colony the Trustee Act, 1893. ¡ of buildings, for instance, or to the erection, in By this Act a number of enactments relat- certain cases, of verandabs, come more directlying to trustees are repealed and re-enacted. within the scope of the Ordinances relating to building than of these dealing with public health generally. When the Building Or- dinances are consolidated those few sections can be included in such consolidation and repealed.
•
The rules regulating the election of mem- bers of the Sanitary Board, which are still in force, will be found in schedule C.
It is trusted that this Consolidating Ordin- ance will render the law relating to public health more easily accessible to those interested in the subject and will facilitate the labours of those to whom its enforcement is entrusted."
The COLONIAL SECRETARY seconded, and the motion was carried.
The ATTORNEY-GENERAL-I beg to move under No. 40 of the Standing Rules and Regulations that the Bill be now referred to the Standing Law Committee.
The COLONIAL SECRETALY seconded and the motion was carried.
The ATTORNEY-GENERAL-In relation to the Standing Law Committee there will be a good deal of work for you to do, and as I am Chairman I should be very much obliged if the members would stop a few minutes to- night, so that we could make our final ar- rangements, and I think we could also meet in the Council Chamber to-morrow and Monday next at three o'clock.
THE LAWS AS TO EATING.
1
"In substituting a single Ordinance for the fifteen it repeals, it has been found necessary to make some slight alterations in the wording of The ATTORNEY-GENERAL proposed the some of the enactments consolidated, so as to second reading of the Bill entitled Än Ordin-
with amendments. By its enactment here the members of the legal profession and other persons interested in trusts will have to the full the guidance and assistance which can be derived from the English cases and text books on the subject of trusts. There will be the further advantage resulting from its enactment that several of the English Trustee Acts which form part of the law of the colony but are not to be found on the local Statuto Book, having been enacted by the unfortunate method of refer ence, will be swept away. See Ordinance No. 7 of 1856. These Acts so enacted are pro- posed, however, to be repealed not by this Ordinance but by the Civil Procedure (Statutes) Repeal) Ordinance, 1901, which will come into force contemporaneously with this Ordinance.
The COLONIAL SECRETARY seconded and the motion was carried.
On the motion of the ATTORNEY-Genera14 seconded by the COLONIAL SECRETARY, the Bill was referred to the Law Committee.
LAW AMENDMENT BILL.
The ATTORNEY-GENERAL proposed the second reading of the Bill entitled an Ordinance to amend and declare in certain respects the law to be administered in the Supreme Court. He said:
It will be seen that the object of this Bill is to place on the local Statute Book those enact- ments of the Judicature Act, 1873, which were intended to effect a fusion of the two systems of law formerly administered by the English
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