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546
HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong. Legislative Council was held on June 24th in the Council Chamber.
The following were present:-
HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S O.
Hon. Mr. A. M. THOMSON (Acting Colonial Secretary).
Sir HENRY BERKELEY, K.C. (Acting At. torney-General).
Hou. Mr..MI.MESSE (Colonial Treasurer). Hon. Mr. P. N. H. JONES (Acting Director of Public Works).
Hon. Mr A. W. BREWIN (Registrar-General) Hon. Mr. F. J. BADELEY (Capt Superinten.
dent of Police).
Hon. Dr. H. KAL. K.C., C.M.G. Hon. Mr. E. A. HEWETT.
Hon. Mr. E. OSBORNE.
Hon. Mr W. J. GRESSON
Hou. Mr. MU« AY STEWA&T.
Hon. Mr. WEI YUK, C.M.G.
Mr. C. LEMENTI ( lerk of · ouncils).
MINUTES.
The minutes of the last meeting were read and confirmed.
PAPE S
The COLONIAL SECRETARY, by e mmand of His Excellency the Governor, laid on the table the report of the assessment of the Colony for the year 1909-1910; and the report of the Har- bour Master for the year 1908
FINANCIAL MINUTES,
The COL NIAL SECRETARY, by command of His Excellency the Governor, laid on the table Financial Minute No. 28, and moved that it be referred to the Finance Committee.
The COLONIAL TREASURER se ouded, and the motion was agreed to.
FINANCIAL.
The COLONIAL SECRETARY, by command of His Excellency the Governor, brought up the Report of the Finance Committee (No. 7) aud moved its adoption.
The COLONIAL TRE SURER seconded, and the motion was agreed to.
The
STAMP ORDINANCE AMENDMENT.
THE HONGKONG WEEKLY PRESS AND
Council then went into committee to con- sider the bill clause by clause.
On resuming,
The ATTORNEY-GENARAL reported that the bill had passed the committee stage without amendments, and moved that the bill be read a third time.
The COLONIAL SECRETARY seconded and the bill was read a third time and passed.
TRANSFER OF OFFICERS ORDINANCE. The ATTORNEY-GENERAL moved that Coun- cil should до into Committee on the till entitled An Ordinance to transfer to certain Officers of the Public Service certain duties at present performed by other Officers.
The OLONIAL SECRETARY seconded and the
motion was agreed to.
The ATTORNEY-GENERAL-Wo left clause 6 over for further consideration, and I Dow propose to strike it out altogether because the transfer it has been proposed to effect by clause 6 can be effected under the provisions of the existing ordinance.
Council then resumed, and the ATTORNEY- GE ERAL reported that the bill had passed through committee with a slight amendment. He moved the third reading of the bill.
The COLO STAL SECRETARY seconded and the bill was read a third time and passed.
PATENTS RDINANCE AMENDMENT.
all
The ATTORNEY-GENERAL moved the post. ponement in the committee
stage of Ordinance to amend the Patents Ordinance 1892. The Bill had, he said, been sent to the Law Society for consideration and such observations as they may desire to make.
The COL NIAL SECRETARY seconded and the motion was agreed to.
PREPARED OPIUM ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL-I move that Council resolve itself into committee of the whole Council for further consideration of the bill entitled an Ordinance to amend the Pre- pared Opium Ordinance 1891.
HIS EXCELLENCY-We have got as far as the end of section 2.
On clanse 11,
The ATTORNEY-GENERALSaid There are one or two verbal alterations. In sub-section 8 I pro- pose to insert the word European before the word "officers" in the third line so that it shall read such other Europeau officers to inspect
the farm."
Hon. Mr. TTORNEY-GENERAL moved the first reading of a Bill entitled An Ordinance to amend The Stamp Ordinance 1901 as amended by The Stamp (Amendment) Ordinance 1902.
The COLONIAL SECRETARY seconded and the motion was agreed to.
PRISON AMENDMENT ORDINANCE. The ATTORNEY-GENERAL moved the Second reading of the Hill entitled An Ordinance to amend The Prison Ordinance 1899. In doing so he said The object of this Ordinance is to make it an offence for an officer of the prison to give a prisoner any article which by the rules of the prisou he is forbidden. The Prison Ordinance at the present time is
defective in that respect.
The COLONIAL SECRETARY seconded and the motion was agreed to.
Council then resolved itself into a committee of the whole Council to consider the bill clause by clause.
On resuming.
The ATTORNEY-GENERAL reported that the bill had passed through committee without amendment and asked the Council to consent to a suspension of the rule and to allow the bill to be read a third time, as it was very expedient that the Ordinance should be amended in this respect as soon as possible.
The Bill was then read a third time and passed.
TRAMWAYS ORDINANCE AMENDMENT.
The ATTORNEY-GENERAL moved the second reading of the Bill entitled An Ordinance to amend The Tramways Ordinance 1883. In doing so he said The object of this bill, as stated in the memorandum, is to compel persons who travel by trams to give up their tickets when re- quested to do so by officials or to pay their fare from the place whence they started. There is a clause in the bill which empowers officials to arrest any person who declines to show his ticket or to pay his fare.
The COLONIAL SECRETARY seconded and the motion was agreed to.
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[June 26, 1909.
for inspection his books. He has asked that the word European should be inserted.
Hon. Mr. OSBORNE-I take it that if you want to see the Opium Farmer's books to find out what profit he makes you will want a capable
officer.
HIS EXCELLENCY-If necessity should arise for inspecting the Farmer's books the Govern- ment will appoint an officer capable of doing it. If the word European were not put in the Farm- er thought that his books might be inspected at any time by Chinese who might give away particulars.
tion. Mr. OSBORNE It takes an expert to understand books kept in the European way. It would want a very expert man to understand Chinese books.
1118 EXCELLENCY - What would you pro- pose? If you don't put the word European in it may deteriorate the value of the farm, through the fear of Chinese inspecting the books and giving away information.
Hon. Mr. HEWETT I think we may assume that the Government will always have one official of European origin capable of under- standing Chinese books.
The COLONIAL SECRETARY-I should say we have six.
Hou. Mr. HEWETT - I was putting it at a minimum.
The ATTORNEY-GENERAL-The object of this alteration is to inspire confidence on the part of tenderers for the next farın.
Ou clause 15,
The ATTORNEY-GENERAL Said-I propose, Bir to substitute for sub-section 3 a clause more fully setting out what is to be prescribed and I would ask that the clause as printed be deleted and the following substituted-To prescribe the keeping of such books and registers and the making of such returns by the Opium Farmer or dross farmer as may be considered necessary or desir able to permit of thorough investigation being made by the Government of the manner in which the farm business is conducted and the profits or losses derived therefrom.
HIS EXCELLENCY—The section as it standa is verbatim with the present section of the Straits Ordinance.
The ATTORNEY-GENERAL—This, sir, has been amplified at the request of the Farmer.
Hou. Mr. OSBORNE-Is there any penalty attached to the keeping of false accounts by the Opium Farmer?
The ATTORNEY-GENERAL-There is a gener- penalty for breach of the provisions of the Ordinance.
JEWETT-Wouldn't the word Occidental be better than the word European?
The ATTORNEY-GENERAL – The word Euro-al pean is always used even in speaking of Americans. Americans came from Europe aud in that sense the Americans are Europeans.
Hon. Mr. HEWETT-A citizen of the United -tates of America might not he a European, He might be an Occidental. It seems that Oc- cidental is a better word and has the same meaning as European. You might have a man from Canada who would not be a European although he was a Canadian.
The COLONIAL
SECRETARY-He would certainly be a European. Auy boy born of European parents here is not a Chinese. We are dealing with race of descent.
HIS EXCELLENCY-All these sub-sections are taken verbatim from the Straits Ordinance. The Straits Ordinance does not contain the word European, but the Farmer asked us to put that
word in.
You
Hon. Mr. HɛWETT-Say non-Asiatic. might appoint an Australian. You may have Australians, New Zealanders or South Africans in the Government service at the present moment. They surely could not come under the heading of Europeans.
HIS EXCELLENCY-Do you wish to proposE an amendment?
Hon. Mr. HEWETT-No, I simply wanted to raise the question as to whether the word European was comprehensive enough or not
absolutely comprehensive, but it is the most The ATTORNEY-GENERAL—It is not
comprehensive word I could get.
Hon. Mr. OSBORNE There are very few European officers who can read Chinese books,
The COL NIAL SECRETARY--I am afraid my friend does not understand the system under which this colony is run. Europeans do not read the books themselves, but they know enough to superintend the reading of books.
that the Farmer shall from time to time produce The TTORNEY-GENERAL Clause 9 demands
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Hon. Mr. OSBORNE-That is not to convey that the Farmer shall keep correct accounts. The clause simply says he shall keep accounts.
The ATTORNEY-GENERAL-The Governor in Council makes rules for the keeping of accounts. Hon. Mr. OSBORNE - And the method of accounts. Is that covered?
HIS EXCELLENCY, reading from the rules- The Farmer shall for the information of the Government keep such books and make such returns, etc ".
Hon. Mr. OSBORNE-The whole object of looking at the Farmer's accounts is to see what profit he makes.
The ATTORNEY-GENERAL-Og loss.
Hon. Mr. OSBORNE-If there is ever a loss.
Therefore it is to his interest to hoodwink the European officer who goes there to examine his books, and if it is to his interest he will certainly do it.
The COLONIAL SECRETARY -Some European companies do that.
Hon. Mr. GRESSON--Chinese keep two sets of books at any rate.
Hon. Mr HEWETT-The man is undercontract with the Government and surely if he cooks his books he is liable to the ordinary results of a criminal act.
The COLONIAL SECRETARY-This law is part of his contract.
Hon. Mr HEWETT—And if he breaks it by falsifying his books he is liable to the criminal law of the colony.
The TTORNEY-GENERAL-When the time comes the wording of the regulation will be such as to ensure that the books will be kept correctly.
On clause 17,
Hon. Mr. J. STEWART:-I move the following amendment this Clause-the insertion
to
after the word "forthwith" of these words-
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No comments yet.
Private notes are available after approval.