236
the border, but I maintain that if they studied the best interests of their nationals they would, instead of trying to mitigate the forms of panishment, assist you, Sir, and all concerned in the Government, in making it absolutely plain in a most effective way as regards rogues and vagabonds that we have no place for them (applause.)
Hon. Dr. Ho KAI-Sir, I did not intend to speak on this Bill but I think after the remarks of the hon. gentleman opposite a few words from me are necessary. I do not think the hon. member could have studied the Bill. This Bill is not to take the punishment by mesas of stocks away altogether from the statute. It simply limits that punishment to certai orimes crimes which ought to be punished by some effective punishment; crimes like larceny, robbery, returning from banishment and others. So-called municipal orimes, orimes which are created by law for good order in the place, suob as obstruction, hawking without licenses and so on, are crimes which, we think, ought not to be punishable by stocks. The hon. gentleman was also under a misapprehension. It is not only a small section of the Ch nese community who advocate the bill. I may say the great majority of the Chinese are in favour of it. I quite admit there were some who wished to go further, but the majority of the Chinese thought a bili such as the one before the Council would be sait able. I am sure there need be no misapprehension that, if the Bill is passed, crime will be on the increase, because the more serious crimes are still punishable by stocks, if thought necesary by the magistrate. If the imposition of stooks were made more universal, to apply not only to Chinese but others as well, it would take away a great deal of the opposition of the majority of the Chinese to this mode of punishment.
THE ATTORNEY-GENERAL-I think the hon. gentleman opposite has correctly interpreted the effect of the Bill. I bave here returns showing the number of prisoners sentenced to stocks in the year 1906, and I find that all serious offences would still be punishable by stocks assuming this bill is passed. The particular offences not punishable by stocks are in the main offences of a minor degree. For instance under the Licensing Ordinance stocks were imposed daring the year 1906. That would no longer apply. Then there are two Cages under the Merchant Shipping Ordinance. They would до longer apply. Neither would a number of police offences. All the more serious offences, however, appear still to be retained, and I do not think my hon. friend at the end of the table need have any great apprehension that crime would be increased by the proposed depreciation of the punishment.
THE HONGKONG WEEKLY PRESS AND
The COLONIAL SECRETARY-Sir, As one who had the duty of maintaining law and order in the Colony for nine years, I have no hesitation in saying I do not think the Bill will in any way weaken the hands of the authorities
The Bill was read a second time, and the Council went into committee to consider it clause by clause.
[October 14, 1907.
This was agreed to, and on Council reanming the Bill was read a third time, passed and be- came law.
HIS EXCELLENCY-Council stands adjourn-
On resuming, the ATTORNEY GENERAL re- ported that the Bill had passed throughed until Thursday, 24th instant. committee without amendment and moved that the read a third time.
The COLONIAL SECESTARY 600onded, and the bill was read a third time, passed and became law.
THE ESTIMATES.
The COLONIAL SECRETARY moved that Council resolve itself into a committee of the whole council to consider the Bill entited An
Ordinance to apply a sum not exceeding Four million nine hundred and ninety-two thousand nine hundred and fty-three Dollars to the
Pablic Service of the year 1908.
The COLONIAL TREASURER seconded, and Council went into committee.
On resuming, the COLONIAL SE`RETARY reported that the Bill had passed through the
committee without amendment, and moved that it be read a third time.
The COLONIAL TREASUREE seconded, and the Bill was redd a third time and became law.
PUBLIC NOTARIES ORDINANCR.
The ATTORNEY-GENERAL.-With regard to the next order of the day, Sir, I do not pro. pose to move that Council go into committee on the Bill relating to the appointment of notaries. Hon. Mr. OSBORNE-If your Excellency will permit me, although I am not in order, I would like now, as I am leaving next week for North Chins, to bring to the notice of the Council certain facts which I have been asked to bring forward. As they are of a somewhat technical nature I will, with your Excellency's permission, read some extracts from the letter addressed to me In England only those persons who have served articles for five years, in London for seven years, to a no- try public are themselves appointed notaries"-
I
The ATTORNEY-GENERAL-On a point of order. I have not moved the second reading of the Bill and it would not be open for me to reply to any observations of the hon. gentleman. would therefore suggest to him that he reserves any observations on the Bill he wishes to make until I am ready to move the second reading.
Hon. Mr. OSBORNE-I understood the second reading had been moved.
His EXCELLENCY- The second reading was postponed,
The COLONIAL SECRETARY-I think if the hon. member were to forward the letter he has received, it would receive every consideration.
Hon. Mr. OSBORNE.—Yes, Sir.
SEDIOTIOUS POBLICATIONS ORDINANCE.
The ATTORNEY-GENERAL-Before moving the third reading of the Bill to prevent the the Bill be recommitted in regard to a very publication of seditious matter, I would ask that simple matter. It will be within the recollection of the Council that the boo. gentleman opposite addressed a question to me as to whether a
FINANCE COMMITTEE.
A meeting of the Finance Committee was then held the Colonial Secretary presiding.
The following votes were passed.
GOVERNMENT HOUSE BEPAIRS.
The Governor recommended the Council to vote a sum of three thousand dollars ($3,000) Miscellaneous, Hot water apparatus and baths, in aid of the vote, Public Works Extraordinary,
Government House.
EVENING CLASSES.
The Governor recommended the Council to vote a sum of seven thousand three hundred sad thirty-six dollars ($7,336) in aid of the vote, Education, Department of Inspector of Schools -Other Charger, Evening Continuation
Classes.
THE COLONY'S FINANCES.
The current Gazette contains a comparative statement of the Colony's revenue and expendi. ture for the period ended July 31st, 1907. Under the heading of revenue the total amount estimat- ed to be received for the year, exclusive of land sales, was $6,148,025.00, while the actual revenue $3,933,413.49 for the same period of the preced- to July 31st amounts to $3,913,049.17, as against
ing year. Land sales for the year are expected to swell the revenue by $300,000.00. To July 31st the amount realised from this source was $103,364.47, an increase of $52,061,83 on the sales for the same period of the preceding year. Taking the separate items shown under the bead of revenue, we find that the increase on light dues W88 $798.34; on fees of and reimbursements in aid $18,022.15; on the court or office, payments for specific purposes, Post Office $25,763.42; and on interest $20,983.20. Licences and internal revenue not otherwise specified, showed a decrease of were decreases of $44,728.10, while there $40,021.65 on rent of Government property, land and houses, and $1,190.68 on miscellaneous receipts. Turning to the heading of expendi- ture, and including the amount set apart for public works extraordinary, the estimated 86,431,740.00. The actual amount expended to expenditure for the year is set down se July 31st was $3,334,588.25, as against an expen- diture for the same period of the previous year of $3,858,573.93. The decrease on the amount expended on public works extraordinary was 8571,860.16, while the other principal decreases shown are $4.149.38 on military expenditure; 88,785.92 on pensions; and 82,731.72, charge on $10, 324.14 on Judicial and Legal Departments;
estimates on which increases are shown, the account of public debt. Of more numerous
in suppres-ing orime-what may be legitimately magistrate would have power to deal summarily / Principal are $71,608.00 on the Public Works
alled crime.
with the penal clause of the Bill. I expressed the opinion at that time, and I still adhere to it, that a magistrate would not have power to deal summarily with a prisoner. I did so having regard to Ordiasoos 3 of 1890, which enumerates in the schedule the list of offences excluded from summary jurisdiction, and mentions the printing or publishing of blasphemous, seditious or defama. tory libels. This Bill is to prevent the publi- cation of seditious matter, and when I gave the answer which I did to the hon. gentleman,
was of the opinion that it would be excluded from the summary jurisdiction of the magis trate, but it is just possible that other people may take a different view, that some one may construe the law differently to what I do, and as it is the desire of the Government that
HIS EXCELLENCY- The hon. gentleman at the end of the table said I had not been long in the Colony. That is very true, but I have been here long enough to give very careful considera- tion to this Bill which is of exceptional interest. I was particularly struck in studying the papers by the ar ument that if punishment by stocks was made too common, law abiding people like the Chinese would cease to be able to recognise oriminals whom public opinion really condemned. I think that is a very strong argument, gentle men. In such a case, when lawabiding citizens went down the street and saw any prisoner in the stocks, they would recognise his features and could at any time afterwards take measures of preosution against him. If on the other hand the person is put in the stocks for petty offences such for instance as hawking, or some of the others to which the Attorney General alluted, summarily, I ask the permission of the Council we will cease to carry with us the public opinion to move the recommital of the Bill in order to of the large majority of the lower ola-s Chinese.insert the express words, providing that the I think that is a very important point. Beyond offence shall only be dealt with by the Supreme that remark I bave nothing further to say than what Was said by the Attorney The COLONIAL SECRETARY seconded, and General, that the Bill in no way weakens thef motion was agreed to, the hands of the Government or detracts from The ATTORNEY-GENERAL-I bзg to move our power to impose a penalty in accordancs ❘ the following new clause:–“ No person shall be with tradition and with the law of the Colony convicted of an offence against this Ordinance, for many years past (applause).
except by 'the 'Supreme Court."
all these offences should not be dealt with
Court.
Department and publio works rocurrent, 817,364.31 on education, $14,302.03 on the Police and Prison Departments, 84,454,62 on the Medical Departments; and 82,243.26 on the Treasury.
ADMISSION OF A SOLICITOR.
before His Honour Mr. A. G. Wisse,__the At the Supreme Court on October 7th
Hon. Mr. Attorney-General,
Roos Davies, instructed by Mr. F. B. L. Bowley,
W.
moved for the admission of Mr. Charles Bulmer Johnson as a solicitor of the Supreme Court of Hongkong. In doing so he remarked that Mr. C. B. Johnson was a nephew of Mr. A. B. Johnson who was Crown Solicitor of the Colony for some fifteen years, and also a cousin of Mr. Bowly, the present Crown Solicitor. He had lived in England all his life, and-was articled in London.
admitting Mr. Johnson to the ranks of the His Lordship said he had much pleasure in
solicitors of Hongkong, and wished him every success in the future. Mr. Johnson's was a uame well-known among legal practitioners here in years gone by, and his Lordship felt sure that its reputation would not suffer in the hands of the present holder.
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