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within one month of date and to re-open and re-try cases. That, Sir, already exists under the Summary Jurisdiction Ordinance. It appears to be a proper one because it is quite possible that evidence will then be forthcoming which was not available at the time judgment was given. The Bill is based generally on precedent, on the Summary Jurisdiction Act of 1873, and it certainly seems desirable in as far as distance is concerned and with a view to expediting the administration of justice in the New Territories that this Bill should be passed. The COLONIAL Secretary seconded and the motion was agreed to.
The Council then went into Committee to consider the Bill clause by clanse, and on resum- ing the ATTORNEY-GENERAL reported that the Bill had passed through committee without amendment.
MAGISTRATES ORDINANCE AMENDMENT. The ATTORNEY GENERAL moved the second reading of the Bill entitled an Ordinance to amend the Magistrates Ordinance 1890 and to effect certain other amendments in the Criminal Law. In doing so he said-It also effects some small amendments in the criminal law of the colony. The objects and reasons which are attached to the Bill gave categorically the reasons for each section. Clause 3, which gives the power of imposing imprisonment in the failure of a defendant to comply with his sureties to be of good behaviour, is simply based on the same basis as the subsequent clause in the ordinance which gives a magistrate power to impose impri- sonment where a man fails to enter into sureties to keep the peace. It appears to be an omission in the original ordinance and the object of the amendment is to put both on a basis of uni- formity. As regards section 4. at the present time power to impose a whipping is confined to certain cases only and magistrates have found in cases of youths that they have had to impose imprisonment or let the youth go altogether. The object of this is to extend the power of whipping which is a salutary amendment. It is based on the principles which Dow prevail in all colonies as they do at home so as to authorise whipping instead of sending youths to prison. That power will have to be exercised with discretion but I submit it is a good one and will have a salutary effect. Instead of sending a youth to prison it empowers a magistrate to order him to be whipped. As regards section 5, the Ordinance recently passed affected the law imposing punishment by stocks and the Ordinance draft- ed by me was to the effect that punishment would only be imposed in cases of offences punish able by imprisonment. As my honourable and learned friend opposite remembers we had some difficulty at the time in considering the phraseology that would best meet the point in view and subsequently to the passing of the Ordinance it was brought to the notice of the Government that the Magistrates Ordinance of 1889 gave power to a magistrate in all cases to impose a fine except in cases where he was empowered to impose imprisonment. The effect of that was to nullify to a great extent the provisions of the Ordinance as it stands and certainly it was entirely opposed to the intentions of the legislature which when the subject was discussed was of opinion that the imposition of punishment by stocks should be modified in a degree. It was never in tended to modify it to the extent which Would be the case if the particular section of the Magistrates Ordinance to which I referred was brought into operation. That being so, we felt it desirable to clear up the matter altogether so as not to nullify the effect of the existing legislation. The only object I have in view is to preserve what is in the Statute book and existing legislation. Since I have come to the Counci to-day I find that my hon. and learned friend opposite has some doubts as to the wording of the clause as it stands at present. I can only say that the object of the clause-and that after full consideration of the subject by all the magistrates concerned and by those who have had any experience of magisterial courts-is simply to preserve existing legislation. I am quite sure I have Your Excellency's consent for saying that it is the intention of the Government to preserve the existing state of things and not to insist upon the imposition of stocks. With regard to clause 7, first section,
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THE HONGKONG WEEKLY PRESS AND
clause 18, the Government intends to modify these proposals and a clause will be submitted to the Council upon which His Excellency will have some observations to make.
(December 12, 1906 new form in which this clause is to be enacted instead of discussing it immediately this after- noon. I do not know if that meets with the views of other members but it seems to me an im The COLONIAL SECRETARY seconded.
portant thing which needs careful consideration. HIS EXCELLENCY-I do not propose to discuss
Hon. DR. HO KAI-Your Excellency, it was any of the various clauses alluded to by the hon. my intention also to oppose the second reading Attorney-General at the present moment but of this Bill, but just before Council Meet- before we go into committee on the Bill I shoulding I learned that my hon. friend who like to say a few words regarding the first sub- has just sat down wished to say some- section of clause 7. The clause as it stands thing against the second reading and I printed in the Bill before us makes spitting a left it to him to speak first. Now, Sir, nuisance and therefore it would devolve upon this Ordinance was introduced to further the police to enforce the law and to arrest per- amend the Magistrates Ordinance of 1890 and sons who were broaking it. Since my attention under the title of that it introduced one of the was first directed to this subject, which is now alterations in a former Ordinance which excited many months ago, there have been several im- a good deal of discussion and consideration be- portant and interesting debates in the Sanitary tween myself and my colleague representing the Board on the subject. It was proposed by some Chinese on this Council and the learned Attorney of the members that notices should be posted in General. After much discussion, as he has public places prohibiting this habit and several stated, we had fixed upon certain phraseology gentlemen who have an intimate acquaintance and that phraseology was set forth fully in with Chinese character considered that method the Stocks Punishment Limitation Ordinance of would be effective. The hon. member who 1907. This Ordinance is to be repealed but represents the Chamber of Commerce did not II submit as WO had been consulted be- think share that view entirely and was opposed fore as to the phraseology of that Ordin- to the policy of laissez faire. In that I quite ance we should have been consulted as to agree with him but I hope the amendinent the drafting of some new clause which would meet which will be proposed will meet his view. It is the difficulty. Now the present substitution generally to the effect of empowering the for that clause in section 5 roads (Quotes). Governor in Council to issue regulations | That includes a very large number of offences, should occasion demand #ul to attachi in fact offences which in our previous discussion penalties for the breach of those regula had been admitted on all sides to be offences tions. Although I think it would be prefer which ought not to be punished by the stocks. able to publish notices in public places if there Now in turning over the index attached to the is any prospect of their being effective, I am revised Ordinance we find ander “ misdemean- opposed to the issue of a prohibition which may our a large number of offences, such as celebra- be ignored with impunity and which the Go tion by a minister of an unlawful marriage, or vernment has no power to enforce. I therefore of marriage by unauthorised persons, disobeying think if such notices are published there should an order of banishment, disturbing divine be means of enforcing them in case of their service at St John's Cathedral, fraudulent disregard. At the same time I think it is un- bankruptcy, removing adhesive stamps, false necessary to burden the statute book with an- statements in registering births and deaths, other amendment to a bill which we have and officers certifying false documents and so already under consideration. The insertion of on. I will just refer to one which the Ordin- the amending clause which is proposed will ance clearly declares to be a misdemeanour-the enable the matter to be dealt with so far as the removing of adhesive stamps. I am referring law is concerned without any further amend to Ordinance No. 16 of 1901 section 27. (Reads.) ment to the Ordinance. As regards the By the terms of this new section the removal necessity of taking anv nction in this of adhesive stamps will also be punishable by question the habit which we are discuss stocks because it is a misdemeanour. That will ing is not only a disgusting one which show that the punishment by stocks can be is not tolerated in xny civilised city awarded to any person who commits an offence and against which I believed legislation has against this as well as other Ordinances been enacted in America and quite recently in which I have just mentioned. That is going the Straits Settlements, but it is also one which far beyond what we have agreed to in in my opinion is detrimental to the public respect to punishment by stocks. But the health. It has, I think, been amply demon- great objection to this Bill is no doubt strated that tuberculosis disease is spread by section 7. As I have not seen the amendment this means. In the dry months before us of which Your Excellency spoke I cannot say matter discharged from the mouth and nostrils anything about it but on principle I must say dries in the sun, is pulverised, hung in suspen- I protest strongly against the introduction of sion in the atmosphere, and is inhaled in the this clause which has the effect of making a lungs of healthy persons. I myself am strongly habit, however dirty and filthy it may be, a opposed to paternal legislation which interferes criminal offence. And this is under the title with the convenience of the individual unless it of an Ordinance further to amend the Magis- can be demonstrated that convenience is exercised trates Ordiance of 1890 and to affect certain to the inconvenience of the majority or to the other amendments in criminal law. Sir, I detriment of public health. I do not think it is do not advocate the habit of spitting in asking too much to require persons addicted to public or in any place but at the same the habit of expectoration to move to the side of time ΗΘ must consider that spitting is the pathway and expectorate in the drain or as re- either voluntary or involuntary-voluntary when gards public halls and stairways that they should a man spits with a will, but sometimes a man be required to use spittoons which I think is spits when he is under the necessity of doing so. reasonable and which owners should provide for A man who has something in his mouth or who the purpose. I confess my view on the necessity gets something nasty in his mouth at once spits of taking action on this matter is based not it out. I remember a story of a Chinese merely or primarily on the social inconvenience philosopher who had a great repugnance to of any particular part of the community as for eating animal food and especially to goose flesh. instance soiling European ladies' dresses but on One day he was treated to a certain dish of which the ground that it is a danger to the public he partook freely until he was suddenly told that health and is in my opinion of very great what he was eating was goose flesh. This hygienic importance. The exact terms of the philosopher jumped out of his chair at once, amendment will be read to you in the committee went outside and spat-spat for all he was worth. stage and then you will have the opportunity of It was lucky for him that at that time there was amending or altering them.
no ordinance making spitting a criminal offence. Hon. Mr. SLADE-Your Excellency, I Take as an example public theatres, Chinese intended
to oppose
the second reading of theatres, where people sit and have food, tea, this Bill in view of sub-section 1 section to fruits, and all sorts of things and they can also which Your Excellency has just referred. I smoke while they are witnessing the performance. understand it is intended to entirely alter Supposing anything nasty got into a man's this clapse. I think. Sir, this is an important mouth there I say it is a matter of necessity matter and it seems to me that it needs a great that he should spit: it is an involuntary act deal of consideration. lest some regulations may on the part of that person, and now you are be confirmed which will cause annoyance to the making it a criminal offence for which a man Chinese community here. I am therefore of can be run in and fined. Again in schools, it may opinion that with Your Excellency's permission be a matter of discipline, yet at the same time it might be better if we had time to consider the children spitting in the playground are liable to
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