¿July119, 1909.]
HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on July 15 in the Council
Chamber.
The following were present:- HIS EXCELLENCY THE GOVERNOR, 81a FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.B., D.S.O.
Hon. COLONEL DARLING, R.E. (Acting G.O.C.).
Hon. Mr. A. M. THOMSON (Acting Colonial Secretary).
Sir HENRY BERKELEY, K.C. (Acting At- torney-General).
Hon. Mr. C,MI. MESSER (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. Ho KAI, K.C., C.M.G.
Hon. Mr. E. OSBORNE.
Hon. Mr. W. J. GRESSON
Hon. Mr. E. A. HEWETT.
Hon. Mr. MURRAY STEWART.
Hon. Mr. WEI YUK, C.M.G.
Mr. C. CLEMENTI (Clerk of Councils).
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CHINA OVERLAND TRADE REPORT.
Hon. Mr. OSBORNE - The object, Sir, of this amendment is to charge less to the small com- panies, but as this scale stands the company with a capital of $25,000 pays $1 per thousand. When it comes to a company with a capital of $100,000 it pays fifty cents a thousand, while company with over $100,000 capital pays $1 per thousand, so that in two instances companies would pay a dollar, and in the other instance fifty cents. My amendment is that the fee should be $1 per thousand on the authorised capital, and that in no case shall the fee exceed $250.
The ATTORNEY-GENERAL - What do you mean by the authorised capital?
Hon. Mr. OSBORNE The capital authorised by the association.
Hon. Mr. HEWETT-It must be the paid up capital. A company may have $100,000 and 850,000 paid up. The paid up capital is the capital they are working on.
Hon. Mr. OSBORNE -All right, make it paid up.
The COLONIAL SECRETARY-This is an addi-
tional act imposed on the Registrar of the Court, and purely an administrative act. It would no take any more time or expense in the case of one company than in the case of another.
Hon. Mr. GRESSON-I quite agree with the Colonial Secretary, and I think it is very, very hard on these companies to have to pay such a Take the Shanghai Investment Company, The minutes of the last meeting were read for instance. It will have to pay $250 for a and confirmed.
minimum of work, and I don't think it should be asked to pay it.
MINUTES.
FINANCIAL MINUTES,
I sum.
His EXCELLENCY-What fee would you propose?
The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table Financial Minute No. 31 and 32, and moved that it be referred to the Finance Committee.
The COLONIAL TREASURER seconded, and able. the motion was agreed to.
FINANCIAL.
The COLONIAL SECRETARY, by command of His Excellency the Governor, laid on the table the report of the Finance Committee (No. 10) and moved its adoption.
The COLONIAL TREASURER seconded, and the motion was agreed to. COMPANIES (LOCAL REGISTERS) AMENDMENT
ORDINANCE.
The ATTORNEY-GENERAL - Sir, with respect to the first item on the order of the day, the third reading of the Bill entitled an Ordinance to amend the Companies (Local Registers) Ordinance 1907, I move that the bill be re- committed to Committee in order that we may reconsider clause 4.
The COLONIAL SECRETARY seconded, and Council went into committee on the I ill.
The ATTORNEY-GENERAL-Sir, It will be in the recollection of the committee that at the
last meeting certain words were added to clause 4 which were, in effect, that a fee of $100 should be paid for an authorisation under this section to the Registrar of Companies. The Committee will remember that the Government had proposed that $10 should be the fee, but, on the motion by way of amendment of an hon. member, the sum was raised to $100. Since the Committee rose it has been sug gested to the Government that а more equitable way of calculating the fee would be on a sliding scale, the amount of which was to be based upon the amount of capital of the Company making the application in each case. That suggestion commends itself to the Govern- ment, and I will now move that the amount be altered from $1 to $25 in case of companies having a capital not exceeding $25,000; to $50 in cases of companies with a capital exceeding $25,000 and not exceeding $100,000; and to $100 in cases of companies whose capital exceeds $100,000. I am not sure whether that sugges- tion will meet with approval, but it seems a ́fairly excellent basis on which to go.
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Hon. Mr. GRESSON-I think the fees at present in the till before as are quits reason-
The ATTORNEY-GENERAL-What, 810 ? Hon. Mr. GRESSON-No; $25, $50 and 100. Hon. Mr. O8B NE-I think, Sir, that if there is any advantage whatever in these companies registering in Hongkong they can surely afford to pay what is, after all, a very small sum for each company. There is no doubt it entails a very large amount of work, which the olony has to pay for.
Hon. Mr. HEWETT-It is a distinct advant. age to companies formed outside the Colony to be registered in the Colony, and I think they ought to pay for it. I will second the Hon. Mr. Osborne's motion, and it can go before the Committee in the usual way.
HIS EXCELLENCY I think we are all agreed that there should be a scale of sorts.
Hon. Mr. HEWETT-I think the scale of the Government is too low.
HIS EXCELLENCY-I will put the hon. mem- ber's amendment to the committee. It is, "That
there shall be paid for an authorisation under this section a fee of $1 per thousand on the paid up capital, but in no case shall it exceed $250."
On the amendment being put to the meeting it was carried by eight votes to five.
Council then resumed.
The ATTORNEY-GENERAL-Sir, I beg to report to the Council that the Bill has passed through Committee with slight amendments. I think we are all agreed upon it, and as there will not be a meeting of the Council for some time to come I more for permission to have the Bill read a third time, ant that the title be deemed sufficient
The COLONIAL SECRETARY Seconded and the, Bill was read a third time and passed.
THE RAILWAYS ORDINANCE.
The ATTO NEY-GENERAL-I move that the Council resolve itself into Committee to take the Bill entitled an Ordinance to regulate the construction and management of Railways into further consideration.
The COLONIAL SECRETARY seconded, and Council wont into Committee on the Bill.
Hon. Mr. HEWETT - I think we may reason- The TTORNEY-GENERAL-It will be in the ably ask for $150 from companies whose capital recollection of the Committee that clauses 11 is over-half a million, and for $200 from com- and 13 were left over for further consideration panies with a capital over one million, but I don't hold very strong views on the subject.
as they appeared to deal practically with the same subject. I more that sub-section 1 of Hon. Mr. MURRAY STEWART-May I inquire clause 13 be deleted, and that sub-section 2 be what fees are charged in Singapore?
The ATTORNEY GENERAL-We don't know.
Hon. Mr. MUERAY STEWART - What would it cost to register in London ?
The ATTORNEY-GENERAL-I don't know. Hon. Mr. STEWART-We don't want to drive companies to register elsewhere.
struck out.
Hon. Mr. STEWART-What was the object of putting in both clauses in the original in
stance.
The ATTORNEY-GENERAL-Section 1 was really attempting to put in clearer, shorter and more comprehensive language all that
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is contained in section 13, clause 1. Seo-.. tion 11 is supposed to be better drafting than section 13, and we do not want them both.
Hon. Mr. HEWETT-Sub-section D of section 13 seemed to give great protection to the rail- way as opposed to local agriculturists or whoever might be wanting to do things they should not do.
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The ATTORNEY-GENERAL-It is a matter of language. Section 11 is all we want. The ATTORNEY-GENERAL-I
have objection to add a proviso to section 11.
Hon. Mr. GRESSON 'I would suggest trans- ferring C. and D. to section 11.
It was agreed that the whole of sub-section 11 of section 13 should be deleted and that the provisos C. and D. should be added at the end of section 11, that sub-section 2 should be erased and placed at the end of clause 13.
The ATTORNEY-GENERAL—As the Council mittee the hon. Mr. Osborne suggested that will remember, at the meeting of the Com.
some provision should be made by which the Railway Administration should be compelled to provide some means by which the sparks emitted at times from locomotive chimneys should be as far as possible prevented from setting fire to the surrounding country. The hon. member has very kindly sent me a clause to this effect. "All locomotives which from the nature of their fuel are liable to emit sparks shall be equipped with spark arrestors or other caused by sparks." I think the suggestion effective appliances for the prevention of fires
effect is an admirable one, but should be given to not by a clause in the bill but regulations which the Ordinance gives the Governor-in-Council power to make from time to time for the good order and general working of the railway. It would be better if the suggestion were given effect to by an administrative order rather than by a legislative
act.
Hon. Mr. OSBORNE-If this was a private railway the suggestion of the Attorney.. General would be all right, and no doubt the Government would make regulations com- pelling a private company to do this, but I do not think the Government is likely to make regulations to compel itself.
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HIS EXCELLENCY-I think the hon. Attorney General means that the Government will give a pledge.
on. Dr. Ho KAI-What about the penalty? How can the Government make regulations and impose a penalty on itself?
The COLONIAL SECRET RY-If by not taking proper precautions an engine set fire to crops the Government would have to pay.
Hon. Mr. OSBORNE-Private railways at
home did not use this spark arrestor until they were compelled by the Board of Trade to do so.
HIS EXCELLENCY-The railway can be sued as a private company.
Hon. r. OSBORNE-I understand that the Government can do no wrong and that they cannot be sued.
HIS EXCELLENCY There is a clause in the
Bill.
Hon. Mr. HEWETT-I take it, Your Excel-
leacy, that if a private company's railway destroys property they аге liable to be called upot to pay compensation but I do not see the advantage of compelling the Govern- ment to fine itself. It is merely taking money out of one pocket to put it in another.
The COLONIAL SECRETARY-There can be damages.
Hon. Mr. OSBORNE-We do not want to put a farmer to the expense of suing the Govern- ment if the action can be prevented.
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His EXCELLENCY-This is rather a difficult matter, as you have selected one ont of many damages that may occur on the railway. The railway stands like any other company to be sued for damages. I am prepared to give a promise that that shall be one of the regula- tions made
Hon. Mr. OSBORNE—I am satisfied with your assurance, Sir.
On Council resuming,
The ATTORNEY-GENERAL reported that the Bill had passed through Committee with slight amendments, and moved that it be read a third time.
The COLONIAL Secretary seconded, and the Bill was read a third time and passed.
No comments yet.
Private notes are available after approval.