1
$100
MINUTES.
THE HONGKONG WEEKLY PRESS AND
the walls and piers. This Bill gives additional
The minutes of the previous meeting were and effective powers to the Harbour authorities read and confirmed,
FINANCIAL.
The COLONIAL SECRETARY-I-beg to lay on the table financial minutes 38 and 34, and move that they. be referred to the Finance Committee.
The COLONIAL TREASURER seconded the motion, which was carried,
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FINANCE COMMITTEE'S REPORT.
* The COLONIAL Secretary—I beg to lay on the table a report of the proceedings of the Finance Committee at a meeting held in the Council Chamber on the 7th September, and move its adoption.
The COLONIAL TREASURER seconded the motion, which was carried.
PAPER.
The COLONIAL SECRETARY laid on the table s paper in connection with the felling and planting of the Pinus Massoniana in Họng. kong.
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REPORT OF THE LAW COMMITTEE. The ATTORNEY GENERAL-I beg to lay on the fable a report of the proceedings of the standing Law Committee at a meeting held at the Attorney-General's Chambers on the 6th Septem- ber. It is of some length and I there. fore, propose not to move its adoption at this meeting, but to give members an oppor- tunity of considering it. I will, therefore, move its adoption at a subsequent meeting.
INCREASE OF RATES.
The COLONIAL TREASURER-I beg to move the resolution standing in my name, which reads:-"Resolved that the percentage on the valuation of tenements payable as rates in that portion of the Hill District which is defined in Section 29 Sub-section (!) (b) (as amended by Section 2 of Ordinance No. 41 of 1902) of the Rating Ordinance No. 6 of 1901 be altered from 14 per cent, to 13 per cent, with effect from the 1st of October, 1905.";
The COLONIAL SECRETARY seconded the resolution.
Hon. Mr. GERSHOM STEWART-Might I ask, Your Excellency, what this advance of 21 per cent is for, as the lighting of 100 lamps at $3.50 per month only amounts to $1,000 a year? HIS EXCELLENOY-It is partly to provide for lighting, and partly to provide hydrants.
Hon. Mr. GERSHOM STEWART-Will the water supply be constant then ?
HIS EXCELLENCY-As constant as it is elsewhere in the Colony.
·The resolution was passed.
KEW TERRITORIES LAND ORDINANCE.
The ATTORNEY-GENERAL-I beg leave to read for the first time a Bill entitled An Ordinance to amend the New Territories Land Ordinance 1905.
HIS EXCELLENCY-This Bill is stated to be an amendment of the New Territories Land Ordinance 1905, but it is really a supplement to it. The schedules of the leases, especially for agricultural lands, in the New Territories, con- tain hundreds of thousands of names in Chinese and English, of addresses, of areas, most of them a small fraction of an acre, and amounts of Crown renta, most of them the small fraction of a dollar, and it will be readily understood that in a portion of these schedules certain errors have crept in, largely due to the illiteracy of the inhabitants in the New Territories. These errors have been brought to light on the issue of certificates of title under lease, and it is convenient that they should at the same time be corrected. This is being done and the Bill before the Council is to legalise these corrections. The COLONIAL SECRETARY 19couded, and the motion was agreed to.
AMENDMENT OF MERCHANT shipping. ORDINANCE.
The ATTORNEY GENERAL-I beg leave to move that a Bill entitled An ordinance further to amend the Merchant Shipping Ordinance 1899, be read a second time. The note appended to the Bill dealing with the objects and reasons for the introduction clearly sets forth what these are. The system at present in force with respect to the lights necessary for junks to carry, is not workable. The Bill provides a working system. It has been found difficult under the present powers to control the traffic of small oraft in the harbour and to keep the fairway as clear as it should be, and to keep grafia of 'all kinda" from "crowding up against
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to keep the fairway clear and to control the traffic of small oraft. It also provides for special licences for river steamers. Under this heading it gives powers to exempt certain crafts of small tonnage, not exceeding 300 tons, from the necessity of carrying certificated masters and engineers. If the ship hasa certificated master and an engineer who his a certificate of competency from the Harbour Master that will be deemed to be sufficient. In the case of
small craft not exceeding 60 tons both the master and the engineer will be considered competent if they hold certificates of competency from the Harbour Master. In order to give power to make these required alterations on the existing laws, the Bill provides for the exemption of that class of vessel from the requirements of the 4 section of the Merchant Shipping Ordinance.
The COLONIAL SECRETARY seconded. The motion was agreed to.
The Council then resolved itself into Com. mittee to consider the Bill,
On the Council resuming.
HIS EXCELLENCY reported that the Bill had passed through Committee without amendment.
WOMEN AND GIRLS PROTECTION ACT. The ATTORNEY GENERAL-I beg to move the second reading of the Bill entitled Au Ordinance to amend the Protection of Women and Girls Ordinance 1897. This Bill proposes to amend the present law respecting the protection of women and girls by amending that part of the law which relates to procuration and abduction, and by raising the age, in connection with Section 4 (1) (s) and Section 26 of the present Ordinance, from 16 to 18 years. The Bill also provides for the reception, under certain oiroumstances, of the evidence of children under the age of seven. In introduo. | ing that provision, council will be following on the lines of legislation at Home.
Council then formed itself into a committee of the whole council, on the motion of the ATTOR- NEY-GENERAL, to consider the Bill clause by clause, and on resuming,
[September 18, 190.
FINANCE COMMITTEE.
A meeting of the Finance Committee was held immediately after the Council had risen the Colonial Secretary presiding.
The following votes were passed.
HARBOUR Master's d partment.. The Governor recommended the Council to vote a sum of Seven hundred and thirty-nine Dollars (87-9) in aid of the vote, Harbour Master's Department-other charges, for repairs to epidemic hulk //ugeia.
+ MAGI TRACY CHARGE". The Governor recommended the Council to vote a sum of Three hundred Dollars (8300) in aid of the vote, Magistracy-other charges for language allowance to Mr. M. Hoosen, Hindustani Interpreter, who has passed the examination in the Chiu Chau dialect.
The Finance Committee was then adjourned.
SUPREME COURT,
Friday, 8th September.
IN SUMMARY JURISDICTION.
вод
BEFORE MH. A. G. WISE (PUISNE Judge),
THE NGAR LUM U. KWONG TAK CHEONG, This was a claim for $457.17 balance due for work done and material supplied the defendant. The case came on for hearing yesterday, but. was adjourned to enable the plaintiff's solicitor to supply the defendants with the names and addresses of the partners in the plafatiff firm.
Mr. Goldring-I have supplied my friend with the names and addresses, your Lordship, and given an undertaking to pay his costs.
His Lordship (to Mr. Beavis) – Are you satisfied?
Mr. Beavis-Yes, I don't wish to be unreas-
HIS EXCELLENCY reported to the councilonable.' that the Bill had passed through all its clauses without amendment.
SUMMARY OFFENCES ORDINANUE.
The ATTORNEY GENERAL-I beg to move the second reading of the Bill entitled Au Ordinanso to amend the Summary Offences Ordinance 1815, This Bill is designed to give the police larger powers to abate the nuisance caused by solicitations for immoral purposes in certain public places. It will coufer upon the police the requisite powers for abating the nuisance. Opportunity is also taken (in recent legislation rendered necessary be- cause of certain decisions of police magistrates) to
confer greater powers for removing obstructions in private streets. If the clans is passed by the council there can no longer be any doubt that a private street is a street within the meaning of the police regulations,
The COLONIAL SECRETARY seconded the motion.
Council then resolved itself into committee and considered the Bill clause by olanse. On resuming the Bill was read a second time and passed without amendment,
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MAINTENANCE OF MARRIED WOMEN. The ATTORNEY GENERAL-I beg leave to move the second reading of the Bill entitled An Ordinance relating to the Summary Jurisdiction of Magistrates in reference to married women.
This legislation follows on lines of similar legislation in England, and will be found useful here. In fact, the Ordinance is an adaptation from the English Aot which gives magistrates in small cases the power of making maintenance orders against a husband who deserts his wife, or by his conduct causes her to leave him.
The COLONIAL SECRETARY seconded, The Council then went into Committos to consider the Bill in seriatim.
The ATTORNEY GENERAL moved that the blank in clause 5 be filled by the insertion of $20 which should be the limit of the wife's maintenance.
This was agreed to,
HIS EXCELLENEY-The Bill will be left in Committee. The Council stands adjourned till Thursday, 21st inst., at 2.30 p.m.
睾
X
His Lordship-Very well. The case is adjourned till Wednesday morning.
THE WOO LEE V. THE HOP KEE AND
ANOTHER. This was a claim for $724.10 on account of goods sold and delivered.
Mr. O. D. Thomson appeared for the plaintiff for whom his Lordship gave judgment and costs.
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WING KEB V. JÚ TU YUÊN,
The plaintiffs claimed from the defendant the sum of 8436.89, balance due for goods sold and delivered.
Mr. O. D. Thomson represented the plaintiff. The defendant admitted the debt, and his Lordship gave judgment against him with costs.
Monday, 11th September.
IN ORIGINAL JURISDICTIO
BEFORE SIR F. T. PIGGOTT (CHIEF JUSTICE).
CARLOWITZ & CO. V. THE SUN SHING FIRM. Bis Lordship delivered judgment in this notion as under :-
In this case there was a coulract for the supply of a certain quantity of orackers. It was mada in Canton between a Chiness firm and the manager of the Canton branch of a German firm trading in Hongkong. The first question is what law governs the liabilities arising under this contract? It seems fairly clear that although it cannot be strictly called a contract "free on board," the crackers were to be delivered to the plaintiffs in Hongkong. It was assumed by both sides that the law of Hongkong applied, and therefore that the asse governed by the Sale of Goods Ordinance; the
WAS
assumption being based on one of two grounds, ag
either, because the placs of performance Hongkong, or because the intention of the parties was that the law of this Colony should apply. The ë question thus raised
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