September 27, 1909.]
HONGKONG LEGISLATIVE
COUNCIL.
A meeting of the Hongkong Legislative Council was held on the 17th inst. in the Council Chamber.
The following were present: HIS EXCELLENCY THE GOVERNOR, SIR FREDERICK JOHN DEALTRY LUGARD, K.C.M.G., C.R.. D.S.O.
HIS EXCELLENCY COLONEL C. H. Darling (General Officer Commanding).
Hon. Mr. A. M. THOMSON (Colonial Secretary).
Hon. Sir H. S. BERKELEY, K.C. (Attorney. General).
Hon.Mr.C.MI.MESSER (ColonialTreasurer). Hon. Mr. P. N. H. JONES (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, M.B. C.M.G.
Hon. Mr. W. J. GRESSON.
Hon. Mr. E. Osborne.
Hon. Mr. E. A. HEWETT,
Hon. Mr. MURRAY STEWART.
Hon. Mr. WEI YUK, C.M.G.
Mr. C. CLEMENTI (Clerk of Councils).
MINUTES.
CHINA OVERLAND TRADE REPORT.
On clause 18. HIS EXCELLENCY said it was proposed to reduce the fee for a licensed ware- house to $250, as the fee of $500 would fall heavily on the Chinese.
Hon. Dr. Ho KAI-I suppose any two firms can join together and have one warehouse?
HIS EXCELLENCY-A dozen firms can join together if they like.
Hon. Dr. Ho KAI-Under the same licence fee of $250 ?
HIS EXCELLENCY-There is nothing against any number of firms joining together.
Hon. Mr. OSBORNE But the licence will be granted only to the one firm.
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necessary to specify that the Governor-in- Council would grant exemptions to them ?
The ATTORNEY-GENERAL replied that they were going to give general powers in the regu- lations to make exemptions.
On Part V.,
Hon. Mr. OSBORNE suggested that in clause 5, providing that every revenue officer, when acting against any person, shall on demand declare his office and produce his badge of office, the words "on demand" be omitted.
Hon. MR. STEWART said there were complaints as to the manner in which the opium farmer's officers went on board ships and HIS EXCELLENCY-The licencee, will be researched people without displaying any badge sponsible for any goods stored in his warehouse. at all. The licence will be issued to one man only,
Hon. Mr. HEWETT-And if he allows his friends to use his godown, the Government does not interfere R
The ATTORNEY-GENERAL-He can store as much as his warehouse will hold.
Hon. Mr. OSBORNE-There is nothing in the Ordinance to say that a licencee must be one firm.
HIS EXCELLENCY—But one man will be the responsible licences. The Government will not object to him allowing other people to put liquor in his godown..
The ATTORNEY-GENERAL-I propose to add to the end of sub-section 2, "but no fee shall be charged for licences granted the naval and The minutes of the last meeting were read military authorities for naval and military and confirmed.
THE LIQUORS ORDINANCE:
The Council went into Committee for the further consideration of the Ordinance to provide for the collection of duties upon intoxicating liquors.
The ATTORNEY-GENERAL proposed that clause 3, with regard to duty, be re-committed. When the Council sat the previous day they had under consideration an alternative scheme of duties submitted by the unofficial members.
The COLONIAL SECRETARY Seconded, and the motion was agreed to,
The scale was as follows :
Brandy and liqueurs. Whisky
Per Gallon
$3.0
Gin, Rum, and other Spirituous liquors Champagne.
All other sparkling wines
Port, Sherry, Madeira
Other still wines in bottles
Other still wines in wood
All other intoxicating liquors, excepting Spirits of Wine, and native wines and spirits
On all native wines and spirits, other
than Arrack...
Spirits of Wine and Arrack
purposes.
Hon. Mr. HEWETT-We are giving them a bonded warehouse free of charge.
The ATTORNEY-GENERAL-Yes. Hon. Mr. OSBORNE-But the naval and military authorities might allow private stores to be placed in their warehouse.
HIS EXCELLENCY stated that the ware- house was the property of the Admiralty or War Department,
- Hon. Mr. OSBORNE Then it is not intended to store private goods there ?.
· HIS EXCELLENCY-No. I don't think the section is expressed very well. You cannot use intoxicating liquor for naval and military pur poses. (Laughter.)
2.40 Hon. Mr. HEWETT - Is it necessary to explain 1.20 in the Bill who the naval and military authorities 2.40
are P 1.80
1.80
1.20
The ATTORNEY-GENERAL-No.
On clause 19,
Hon. Mr. OSBORNE asked-On the question 0.60 of samples, will the King's keeper be protected
from claims under this Ordinance?
HIS EXCELLENCY-Samples will be taken by 0.24 the Government Analyst for experimental
0.15 3.00
The ATTORNEY GENERAL proposed that in the scale submitted by the unofficial members the words "On all native wines and spirits other than arrack, 15 cents per gallon" should be deleted and the following substituted :-
Per gallon.
purposes.
Hon. Mr. OSBORNE-If the Government
The ATTORNEY-GENERAL replied that the revenue officer must show his authority.
Hon. Mr. STEWART thought it would be better if he wore his badge.
It was decided that the clause should stand with the words "on demand" deleted.
On the clause providing for the search of baggage and goods,
The ATTORNEY-GENERAL proposed to insert that, after the words "
every person landing from any ship of entering the Colony by land," there should be added the words " accompanied by any goods or baggage."
Hon. Mr. HEWETT-Does that
mean the gentleman with the two bottles of whisky up his sleeve?
The ATTORNEY-GENERAL suggested another addition that: "if the person landing is of European race, the man shall be met by a European officer.”
Hon. Mr. OSBORNE --Will the effect of this be that the stranger landing at Pedder's Wharf must go to the Police Station or have his luggage examined on the wharf?
HIS EXCELLENCY-He has the option.
Hon. Mr. OSBORNE-The policeman can't make him go to the Police Station if he allows the examination to be made on the wharf?
The ATTORNEY-GENERAL- No.
Hon. Mr. OSBORNE-It does not say with whom the option lies.
The ATTORNEY-GENERAL-If you take out the word "shall" and insert “ may," that will give the option.
The COLONIAL SECRETARY-Then there is nothing imperative in the sentence. He can refuse
everywhere.
Hon. Mr. OSBORNE-The option may be with the policeman.
The ATTORNEY-GENERAL--No, no. HIS EXCELLENCY-Have you any amend ment2
Hon. Mr. OSBORNE-Yes. I propose that the words "at his option" be inserted.
The ATTORNEY-GENERAL You can't put it there.
Analyst comes along to take samples, and has to open a cask, and afterwards the owner of the cask says the contents are spoiled through that torney-General is that the section is perfectly opening?
The ATTORNEY-GENERAL The keeper would be protected, because be would be doing what the Ordinance required him to do.
Hon. Mr. HEWETT-It is invariably done at Hon. M. GRESSON-Does "keeper mean excise officer ?
The ATTORNEY-GENERAL-No. The keeper of a warehouse.
15 cents Home.
40 cents
(a) on all native wines and spirits containing under 20 per cent. of pure alcohol by weight...... (b) on all native wines and spirits containing over 20 per cent. and under 40 per cent, of pure alcohol by weight. (c) ou all native wines and spirits containing over 40 per cent, of pure alcohol by weight... The ATTORNEY-GENERAL also suggested that they should strike out "whisky in wood" and whisky in bottle," leaving whisky as it was proposed by the unofficial members.
$1.20
Hon. Mr. OSBORNE-You make no difference? HIS EXCELLENCY—No,
The ATTORNEY-GENERAL-We accept the amendment of the unofficial members with slight alterations.
Hon. Mr. BADELEY-The wording wants to be altered a little. You say under 20 per cent. and over 20 per cent. What about 20 per cent. ? The ATTORNEY-GENERAL—Make it 20 per cent. and over,
HIS EXCELLENCY-The proposal is to accept the scale exactly as submitted by the unofficial members except perhaps under native wines.
This was agreed to, as also the consequential alteration in the definition.
Part III. was then considered.
+
3
Hon. Mr. OSBORNE pointed out that another clause provided for the keeping of warehouse books in English, and asked if the regulation applied to the licensed warehouses of the Chinese?
Hon. Dr. Ho KAI-I think it should be in English or Chinese."
'The ATTORNEY-GENERAL The King's warehouse books must be kept in English.
Hon. Mr. HEWETT-The King's warehouse books clearly ought to be kept in English.
Hon. Mr. OSBORNE They cannot be kept in anything else.
The Committee decided to delete the words "in English" from the clause and to substitute
Proper books."
Clause 20 was struck out.
HIS EXCELLENCY remarking-It has rather the flavour of the Custom House about it.
On Part IV.,
Hon. Mr. HEWETT said there were certain medicated wines which were distinctly medicines
and not intoxicating liquor. Would it be
4
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HIS EXCELLENCY-The opinion of the At-
clear in the sense desired.
Hon. Mr. OSBORNE - I am not satisfied it is
perfectly clear to the policeman who is going to do it.
I
HIS EXCELLENCY-I think the police will be given to understand that is the reading.
Hon. Mr. HEWETT-As to the landing from the ship, does that mean the examination must be made on landing and not when the passenger has gone a hundred yards from the ship?
The ATTORNEY-GENERAL means that he must have left the ship.
Hon. Mr. HEWETT-You won't catch a man. when he is half-way up the bund ?
Landing"
The ATTORNEY-GENERAL-He is not entitled to a hundred yards' start. (Laughter.)
Hon. Mr. HEWETT-You might follow a man to the hotel.
HIS EXCELLENCY-I think as it stands it is pretty clear.
Clause agreed to.
The ATTORNEY-GENERAL moved the inser- tion of a new clause, to be numbered 31, which aid restrictions on the searching of baggage and goods generally. The clause read, " Any search of goods or baggage shall be made under the provisions of the two preceding sections, unles there is reasonable canse to suspect or believe that such goods or baggage contain dutiable liquors or denatured spirits."
Hon. Mr. OSBORNE suggested that search should not be made unless there was reasonable cause to believe that smuggling was being practised. He asked if police officers would
No comments yet.
Private notes are available after approval.