June 7, 1902.]
PAPERS.
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CHINA OVERLAND TRADE REPORT.
that This
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RENTS IN NEW TERRITORY.
The ACTÍNG ÁTTOFÈBY GENERAL proposed the second realing of the Bill entited "An Ordinance to facilitate the hoaring and deter mination of claims to rent in respect of land*
He said-It came to in the New Territories. the notice of my locum tenens, the Acting Puisne Judge, that with regard to the New Territory there was a great difficulty in setti- ing small rent claims before the "Summary Court. Most these of were un ler $10; in fac the majority were under 37. When the parties had to come from Lantan and distric's like that there was a heavy charge ont iled. The Acting Paisne Judge thought it was unfair and in fact a grievance, and accordingly drafted this Bill. It is to take away the jurisdiction of the Summary Court in small claims and confer it upon the Land Court. Personally, from a lawyer's point of view, I thoroughly agre with it. It saves the tenant expensh and he is safeguarded by Laving the right of appeal to the Full Court. The Bill is based on the ordinary routine of the Courts here for collect- ing and recovering rents.
The COLONIAL SECRETARY seconded, and the motion was agreed to.
bat of a water famine, and state how much and passengers. When such piors -are-of f-the-motion--f-the-kosing-ArtoBSBE-GEBER- additional water-storage has been provided, if ordinary dimensions and the Harbour Master 41, second-d by the COLONIAL SECRETARY, iny, since the 1st of January this year, and how has reported that they are unobjectionable so much additional storage it is estimated will be far as the requirements of harbonr navigation, provided between now and 31st January, 1903 ? etc., are concerned, no one ever sagg, sted, Hon: W. CHẦтHẨM Work is now in before the passing of the Foreshores and Sea
of progress for the construc ion another Bed Ordinanes, No. 21 of 1991, that any public storage reservoir at Tytam, which will probably rights of navigation' or fishing ara substanti be, to some extent, available by the 3 st Jan-ally interfered with, even assuming them nary, 1903. The full capacity of the reservoir to exist. The Law of England was. by will be about 30 million gallons. The experience | Ordinance No. 6 of 1845, section 4, introduced of 1900 has shown that it is of greater import- into this Colony "except where the same shall ancs to increase the drainage area in order to be inapplicable to the local circumstance of the take full advantage of the existing storage sail Colony or of its inhabitants" and, rightly capacity of the reservoirs, which were not filled or wrongly, it has never been understood that during that year. With this object, a catch-public rights of navigation and fishing existed water has been constructed along the south of such a kind as to render the erection of a slopes of Mount Cameron, intercepting a pier sanctioned by the Crown a public drainage area of about 15 acres. The stream, nuisance interfering with such rights. The Sea Bed which will be impounded by the reservoir now wording of the Foreshores and under construction at Tytam, has been diverted Ordinance, 1901, has, however, given rise to into the gauge-basin rendering available a fur- doubts as to the legality of permiting the naless ther area of about 30 to 40 acres for catchment erection and maintenance of piers,
of preliminary requirements purposes. Small channels, to render available the the dry-weather flow of the streams intercepted Ordinance have been complied with. by the existing catchwaters, are also in course has occasioned much public inconvenience. Where a lease of the actual soil of foreshore and of construction.
sea bed becomes nece·sary, as for instance, for a wharf of solid masonry, it may be practicable to comply with the requirements of that Ordinance. But in the case of ordinary piers the only thing granted and demised is "the right of erecting and maintaing a pier in, upon, over, across, and above, so much of the Crown foreshore and Crown land covered with water, situate at as is shown on the plan hereunto annexed and thereon coloured red (see ordinary printed form in use). Here it would seem strange to insert a covenant, for instance," reserving to the Crown all mines and minerals under the demise lands," see section 4 (8-8. iii) of Ordinance 21 of 1901, especially, as no fands are actually demised. Yet thi is required, if the Foreshores and Sea Bed Ordinance applies to such piers. It was only quite recently that the Pier question was supp sed to be settled by Ordinance No. 37 of 1899, as amended by Ordinance No. 17 of 190), and it was not intended to affect that settlement by the Foreshores and S a Bed Ordinance. It appears, therefore, to be best, in the interests of the Colony, to provide that such Ordinance shall not be deemed to extend to cases where only the right of erecting and maintaining a pier or wharf in, upon, over, across, and above, Crown foreshore and Crown land covered with water is granted or demised, and that it shall not apply in any case where, in the opinion of the Governor in Council, no substantial interference with public rights of navigation or fishing is likely to result from a demise of Crown foreshore or sea bed.
The COLONIAL SECRETARY laid on the table Mr. Osbert Chadwick's Report on the water supply of Hongkong, mainly with regard to the full development of supply from the Taitam-tak Valley; the Report of the Registrar-General for 1901; the Returns of the Subordinate Court for 1901; the Report on the Post Office for 1901; and the Report of Po Leung Kuk Society for 1901.
KOWLOON WATERWORKS. ·
The COLONIAL SECRETARY also submitted a paper dealing with the Kowloon Waterworks Gravitation Scheme. It contained a munication from the Rt. Hon. J. Cham-
com-
berlain approving of the scheme being carried out in the
manner suggested by Mr. Chadwick. Mr. Chadwick in his report stated that he approved of the extended Boheme, which would afford a larger supply than that originally proposed by Mr. Gibbs in 1900. The now proposed reservoir was to contain 310 millions of gallons, so that, according to Hongkong experience, it should suffice to maintain the desired supply."
FIRST REA INGS.
The following Bills were submitted by the ACTING ATTORNEY-GENERAL and read a first time:-A Bill entitled An Ordinance to amend The Marriage Ordinance (14 of 1875); a Bill entitled An Ordinance to release certain premises situate at Victoria in the Colony of Hongkong from a Settlement dated the 31st day of March, 1884, and made between Meyer Elias Sassoon of the one part and Frederick David Sassoon, Edward Elias Sassoon and the said Meyer Elias Bassoon of the other part; a Bill entitled An Ordinance for the Naturalisation of Ku Fai Shán, alias Ku Ting Kwong, alia Kn Pak Tai, aliss Ku Chong Tsung. alias Ku Yuk Tsing; a Bill entitled An Ordinance to provide for the incor- poration of the Church Body of the Chinese Anglican Church in Hongkong; a Bill entitled an Ordinance to provide for and regulate the supply of water in the Colony of Hongkong and for the maintenance and repair of the works in connection therewith; and a Bill entitled an Ordinance to further amend the Pawnbrokers Ordinance (No. 3 of 1860).
CROWN LEASES. } The ACTING ATTORNEY-GENERAL proposed the second reading of the Bill entitled An Ordin- ance to exempt certain Crown Leases and Agree- ments for Crown Lesses, and Permits granted by the Crown, from the operation of rections 3 and 4 of the Foreshores and Sea Bed Ordinance, 1901. He said The purpose of the Bill is fully explained in the objects and reasons, which are as followsSince the earliest days of the Colony, it has been the practice for the Crown to erect and maintain, and to grant permission to erect and maintain, piers over the Crown foreshore (including the ses bed) in cases in which the Governor has deemed such erection and maintenance to be expedient and proper. luns, of course, “been taken in so doing to interfering with any special rights' of access to, and regross from, the zen, claimed by rins lót owners: ~~ In a large commercial port *Hongkởng, such piers are nécoșmry in Forder to afford proper facilities for commerce
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The COLONIAL SECRETARY seconded, and the motion was carried.
The Council then went into Committee on the Bill. On resuming,
The Bill was read a third time and passed, on the motion of the ACTING Attorney GENER- Al, seconded by the COLONIAL Secretary.
WIDOWS AND ORPHANS' PENSIN FUND. The ACTING ATTORNEY-GENERAL proposed the second reading of the Bill entitled An Or- dinance to amend the Law relating to the Widows and Orphans' Pension Fund Ordinance (15 of 1900). He said--This Ordinance is to provide for officers drawing salaries in sterling. If there are any questions to be asked I have no doubt the Hon. Colonial Treasurer will answer them, but
may say at once that this amendment was made in accor- dance with instructions from home.
The COLONIAL Secretary seconded, and the motion was carried.
The Council then went into committee on the Bill. On resuming,
The Bill was read a third time and passe, on the motion of the ACTING ATTORNEY-GENER- AL, seconded by the COLONIAL SECRETARY.
NATURALISATION BILL.
The ACTING ATTORNEY-GENERAL proposed the second reading of the Bill entitled An Ordinance for the Naturalisation of Ho Ngok Lan, alias Ho Ngok, alias Ho San Lam.
The COLONIAL SECRETAYY seconded, and the motion was carried.
The Council then went into Commite on the Bill. On resuming,
The Bill was read a third time and passed on
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The Council then went into Committee and considered the B clause by clause. On resuming,
The Bill was read a third time and passed, on the motion of the ACTING ATTORNEY-GUNKR- AL, seconded by the COLONIAL SECENTARY.
At the suggestion of Hon. Dr. Ho KAI, it was agreed to print an epitome in Chinese of the Bill for distribution among the Chinese
tenants.
DANGEROUS GOODS.
The ACTING ATTORNEY-GENERAL said that the Bill entited An Ordina ce to further amend the Law relating to Langerous Goods was unsati-factory, though it had passed its first reading and was now down for its second reading. He wished to have it amended, and would bring it in again for first reading. There was no immediate hurry for it.
The withdrawal of the Bill was agreed to. The Council adjourned sine die.
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FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council, the Hon. Colonial Secretary (Mr. F. H. May) presiding.
THE VOLUNTEER COMMANDANT. The Officer Adminis'ering the Government recommended the Council to vote a sum of $6,149 128. in aid of the vote:"Expenses of Volunteers," to cover the salary and house allowance of Major C. G. Pritchard, Com- mandant, Hongkong Volunteer Corps, from 2nd April to 31st December, 1901, inclusive, Abstract.
Half salary, 2nd to 7th April, 6 days;
£6 5s. Od. at 2/07, per dollar,...... $ 61.91 Full salary, 8th to 30th April, 23 days,
£47 188. 4d. at 2/07, per dollar,... 474.48 Full salary, Mays to December, 8
months, at £62 10s. Al. per month, £500 at 2/0 per dollar, House allowance, 8th to 30th April,
at $75 per month, House allowance, 8 months, at $75 per
month,
Total
4,954.84 $57.50
600,00
$6,149 12
The CHAIRMAN—'
-This vote is necessitated by the appointment of a Commandant—s military Commandant of the Volunteers. The arrange- ment was not made in time to include · the necessary vote in the Estimates for this year, so this vote is now submitted to you. **
Hon. R. Murray ›BumseT-Can you tell us whether this &ficer draws military pay as well as this?
3.
'The CHAIRMAN-He draws no-military pay. Hon. R. MUERÄT RUMSEY÷It seems rather a large amount. It is equal to the salary of a great many heads of departments - în2 the Government service; in fact, it is above it? He gets more than I do. 1:2
[~2. Hon. F. J» Badelet-Ob, no; -
Hon. R. MORway Rumský-Oh yes ; he gets over $6,000 in wight months, and I have $6,000 in twelve months.
Hincə 7- How F.J. BADELEY--He doesn't get-com.
bus vel pull "arel sted poticatiɔn.”
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