October 14, 1907.]
H18 EXCELLENCY-J think the words omitted would meet the arguments you put forward. Legitimate criticism would hardly come within this section.
Hon. Mr. OSBORN-Would it be for s jury to decide whether it was calculated to incite tumult ?
The ATTORN›Y-GENERAL-It would be a case to be tried by a jury.
Bon. Mr. OSBORNK-It would not be in the discretion of a police magistrate ?
The ATTORNEY-GENERAL-Certainly not. The police magistrate has not summary. powers.
Hon. Mr. OSBORNE-lt is a rather dangerous Bill to pass into law if it is at all likely to be wrongly interpreted,
The COLONIAL SECRETARY-You must ad- mit the necessity for it.
Hon. Mr. OSBORNE-I think it would be
sufficient if it referred to publications in the Chinese language.
Hon. Dr. Ho KAI-That is class legislation. Council then resumed, and the ATTORNEY- GENERAL reported that the Bill had passed through committee with two amendments."
LOCAL COMMUNITIES
RDINANCE.
The ATTORNEY-GENERAL-Sir, I beg to move the second reading of the Bill entitled "An Ordinance to amend the Local Communities Ordinance, 1899." The need for the amend ment of this law has arisen owing to some malicious damage that has been done to pro- perty in the New Territories, chiefly through spite. The principal law, No. 7 of 1899, Section 29, gives the Governor power to levy a contribution on the inhabitants of a district where any extreme crime required the provision of extra police, and the section as it formerly read contained provision for the levying of an additional rate in any district where there was an undue prevalence of crime necessitating an increase of police. It is therefore proposed to alter the former law somewhat, and insert the words "or any tumult or disorder has taken place."' If the section is amended as we propose, it gives discretionary power to the Governor to increase the police in the district, and makes the district liable for the additional rate in the same manner as it would
be under the law at present. It is proposed to pass it in the interests of law and order.
The COLONIAL SECRETARY seconded the motion, and the Bill was read a second time.
Council then went into committee on the Bill, and considered it clause by olanse, and on resuming the ATTORNEY-GENERAL reported that the Bill had passed through committee with practically no amendments.
The Bill was then read a third time, passed, and became law.
The ATTORNEY-GENERAL-With regard to the other Bills on the agenda, I would ask that they be allowed to stand over for the present.
His EXCELLENCY-Council stands adjourned
until the luth instant,
FINANCE COMMITTEE.
A meeting of the Finance Committee wa, then held the Colonial Secretary presiding The committee considered the Bupply Bill olause by clause, and passed the following
votes:--
DESPATCH BOXES,
The Governor recommended the Council to vote a sum of One thousand six hundred and eighty Dollars (81,680) in aid of the vote, Police and Prison Departmente, Fire Brigades, - Special Expenditure, Despatch Boxes,
TYTAM TUK SCHEME.
The Governor recommended the Council to vote a sum of forty thousand two hundred and thirty-two dollars ($40,232) in aid of the vote Public Works Extraordinary, Water Works, Tytam Tak Scheme, First Section.
A meeting of the Hongkong Legislative Council was held on the 10th instant in the Council Chamber.
PRESENT:- HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.8.0.
His Excellency Major-General R. G. BROAD- WOOD, C.B., A.Č.D., General Officer Command ing the Troops.
Hon. Mr. F. H. May, (Colonial Secrtary),
CHINA OVERLAND TRADE REPORT.
General)
Hon. Mr. W. RERS DAVIES, (Attorney-
Hon. Mr. A. M. THOMSON, (Colonial Trea- surer).
235
these words. The only other amendment was in clause 6, sub-section 1, which requires that in the event of a company not having obtained a license it shall be struck off the register if it fails to comply with the Ordinance alter the expiration of one month. The proposal from Hon. Mr. A. W.BBEWIN (Registrar-General). | Shanghai was that the time of expiration of Hon. Commander BASIL R. H. TAYLOR, R.N., (Harbour Master).
Public Works),
Hon. Mr. W. CHATHAM, C.M.G. (Director of
Hon. Dr. Ho KAI, M.B., C.M., C.M.G. Hon. Mr. E, A. HEWETT. Hon. Mr. H. KESWICK, Hon. Mr. WEI YUK.
Hon. Mr. E. OSBORNE.
Mr. A. G. M. FLETCHER (Clerk of Councile).
MINUTES.
read, and confirmed.
The minutes of the previous meeting were
STANDING COMMITTEES,
the business, under the standing orders it is HIS EXCELLENCY-Before proceeding with
for the year. necessary to appoint the standing committees
myself, with the Colonial Secretary as chairman Finance Committee-All the members except
Law Committee-The Attorney-General as Ho Kai, Hon. Mr. Wei Yuk, Hon. Mr. H. E. chairman and the former members, Hoo. Dr. Pollock and the Hon, the Harbour Master.
without change-The Hon. Director of Public The Public Works Committee remains Works, Chairman, the Hon. Colonial Treasurer, Hon. Mr. Osborne and Hon. Mr. Keswick,
FINANCIAL MINUTES.
The COLONIAL SECRETARY, by command of Minutes 48 and 49 and moved that they be H.E. the Governor, laid on the table Financial referred to the Finance Committee. the motion was agreed to.
The COLONIAL TREASURER seconded, and
FIN NCIAL. 1
HE, the Governor, laid on the table the report The COLONIAL SECRETARY, by command of of the Finance Committee No. 9 and moved its adoption.
the motion was agreed to.
The COLONIAL TREASUREE seconded, and
THE COM 'ANIES ORDINANCE,
| notice should be three months instead of one. The Government has met them half way and suggested that a notice of two months would be suficient, The Bill is non-controversial and I trust the Council will approve. I move that the Bill be read a second time.
The COLONIAL SECRETARY seconded. Hon. Mr. HEWETT-Sir, after the explana- tion made by the Hon. Attorney-General it is unnecessary for me to say anything. He explained to the Council that the question had been referred to changhai, and the Bill as it now stands in its altered form with one slight
alteration, has been accepted by the Chambers of Commerce at Shanghai and Hongkong. With regard to section 6, sub-sectioul, I wish to make a slight suggestion which, I trust, we will be enabled to deal with in the committee stage of the Bill.
The Bill was then read a second time, Conn- cil went into committee to consider the Bill clause by clause, and the Attorney-General intimated he would consider the point raised by the Hon. Mr. Hewett and, if necessary, re- commit the Bill.
EXPOSURE IN THE STOCKS.
The ATTORNEY-GENERAL-Sir, I rise to move the second reading of the Bill entitled an Ordinance to limit the imposition by public exposure in the stocks. I need not expatiate on this Bill at any length. It has been thought that punishment inflicted in the stocks has in some cases taken rather an exaggerated form. Having regard to representations in the matter be limited to cases where an offence is punish- it is desirable that in future punishment should able by imprisonment. The Bill is introduced with that object.
the
THE COLONIAL SECRETARY seconded. Hoo. Mr. KESWICK-I wish, Sir, to The ATTORNEY-GENERAL-Sir, I move the rushed on
oppose this Bill because I feel it is being us. You will pardon me, Your Relating to Companies. Now Sir, the object that you have only recently arrived here, and second reading of the Bill to Amend the Law Exc-llency, if I call your attention to the fact of the Bill is set forth in the preamble. Com- have not had opportunity of studying the panies registered under the Ordinance of 1865 conditions under which we live and the condi. are required to keep a register of members. tions of crime and the status of the people who empowered to grant a license relieving a com Under this Bill the Governor-in-Council is commit crimes and incommode us here. The Hon. Attorney-General bas also but recently office in Hongkong. In such case the register rushed on this Bill by a small section of the pany from keeping its register at the registered
arrived. I cannot but feel that we are being
the company is to kept hitherto presumably at the head office of Chinese community here who evidently have be regarded as the control of one of the morning papers and who, 1865. I may say, Sir, that the Bill has re- knowledge and learning, consider the exp sure register kept under the Companies Ordinance having acquired a certain amount of Western ceived the full consideration of the Chamber of of their fellow countrymen in the stocks is a ities representing the various companies in entirely forget that we are absolutely next Commerce at Hongkong and also of the author- reflection upon themselves. They, however, Shanghai which will be primarily interested in
door to China, and that 8 man only the proposal. Representations have been for- requires twenty minutes warded to the Government from the representa- border. The people who are punished by stoc
to get over tives of the various Shanghai companies, and are not the enlightened gentlemen of the they approved in general all the proposals con Chinese nation who are a credit to any nation tained in the Bill. three amendments proposed by the represents.
There were, Sir, two or under the sun, but rogues and vagabonds who tives of the Shanghai companies, and they were
so freely come across here. I think in dealing with men of that type we have to consider the submitted for the consideration of the Govern. conditions under which they themselves live in ment, which has approved of all these amend. their own country.
In their own country in the Bill and in reference to the third
Two out of three were incorporated torture is one of the smallest things they have amendment the Government approved of it punishments imposed on malefactors in China. to suffer. I need not expatiate on the various in a modified form.
The amendments pro. They are well known to us all. I wish to draw posed by the representatives of the Shanghai your attention to the experience of Shanghai. Chamber of Commerce were considered in regard There the bamboo, the cangue and the stocks to clause 4 of the Bill, where it is proposed that a fee of four cents for every $100 of the nominal outside these methods of punishment and torture wer abolished inside the Settlement, although capital of the company suould be paid in respect and other methods were freely in vogue. There, of the license issued under the Ordinance. It instead of twenty minutes to get over the was suggested that instead of "nominal border it takes at the atmost ten, What was capital" it should be "paid up capital." We the consequence of the removal of these are of opinion that that was a practical pro. methods of punishment? The consequence posal and the Government
amended it Was that crime increased by leaps and sccordingly. In clause t, sub-section 8 (b) bounds, and the prisons were 5000 the question of domicile was raised and in showing
full, that two regard to stamp duties, it was suggəstəd in
or three days in the municipal gaol was no deterrent whatever. the bill as originally drafted in clause 4, sub- These things, Sir, I think, should be considered section 8 (b) the words "domicile also where
very carefully by all members of the Council than in the Colony," should be before voting for the Bill now before them. I eliminated. The reasons for this, which I have the greatest admiration for our Chinese think are unnecessary to recapitulate, appear to fellow subjects who have emancipated them- be sufficient. The Government ́eliminated | selves from the old style which obtains soros
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