TH OCTOBER, 1921. HE IS XCELLENCY THE IR REGINALD …

HONGKONG LEGISLATIVE COUNCIL 131

27TH OCTOBER, 1921.

PRESENT:―

HIS EXCELLENCY THE GOVERNOR, SIRREGINALD EDWARD STUBBS, K.C.M.G.

H.E. LIEUT.-GENERAL SIR GEORGEMACAULAY KIRKPATRICK, K.C.B., K.C.S.I.(General Officer Commanding the Troops inChina).

HON. MR. CLAUD SEVERN, C.M.G.(Colonial Secretary).

HON. MR. J. H. KEMP C.B.E., K.C. (Attorney-General).

HON. MR. C. MCI. MESSER, O.B.E.(Colonial Treasurer).

HON. MR. E. A. IRVING (Director ofEducation).

HON. MR. S. B. C. ROSS, O.B.E. (Secretaryfor Chinese Affairs).

HON. MR. T. L. PERKINS (Director ofPublic Works).

HON. MR. H. E. POLLOCK, K.C.

HON. MR. LAU CHU PAK.

HON. MR. P. H. HOLYOAK.

HON. MR. HO FOOK.

HON. MR. H. W. BIRD.

HON. MR. A. G. STEPHEN.

MR. S. B. B. MCELDERRY (Clerk ofCouncils).

The Oath Administered

The Hon. Mr. P. H. HOLYOAK, therepresentative of the Chamber of Commerce,having resigned and been re-elected, took thecustomary oath and his seat.

Minutes

The minutes of the last meeting of theCouncil were confirmed and signed by thePresident.

Papers

THE COLONIAL SECRETARY, bycommand of H.E. the Governor, laid on thetable the following papers:―

Report of the Director of Public Works forthe year 1920.

Regulation made by the Governor inCouncil under Section 6 of the DogsOrdinance, 1893, on September 22nd, 1921.

Amendment of the Regulations made bythe Governor in Council under the PublicPlaces Regulation Ordinance, 1870, onSeptember 29th.

Amendment of the Regulations made bythe Governor in Council under the Queen'sRecreation Ground Ordinance, 1898, onSeptember 29th.

Amendment of the Regulations made bythe Governor in Council under the PublicPlaces Regulation Ordinance, 1870, onSeptember 29th.

Regulations made by the Governor inCouncil under the Public Places RegulationOrdinance, 1870, on September 29th.

Regulations made by the Governor inCouncil under Section 17 of the PiracyPrevention Ordinance, 1914, on September29th.

Regulations made by the Governor inCouncil under Section 3 of the Vehicles andTraffic Regulation Ordinance, 1912, asamended by the Vehicles and TrafficRegulation Ordinance, 1921, on October 6th.

Regulations made by the Governor inCouncil under Section 29 (4) of the MerchantShipping Ordinance, 1899, Ordinance No. 10of 1899, on October 20th.

Regulations made by the Governor inCouncil under Section 4 of the StampOrdinance, 1921, on September 8th.

(All the above regulations have beenpublished in the Gazette.)

HONGKONG LEGISLATIVE COUNCIL132

Abstract showing the differences betweenthe approved estimates of expenditure for1921 and the estimates of expenditure for1922.

Financial Statements in connection withthe Estimates for 1922.

Report of the Commission appointed toenquire into the conditions of the industrialemployment of children in Hongkong, andthe desirability and feasibility of legislationfor the regulation of such employment.

Return showing the number of boys underthe age of 18 who have been admitted toprison for each quarter since the 1st January,1920, viz.:―

QUARTER ENDING. NUMBER OF BOYS.

31st March, 1920 .................... 9530th June, 1920 .................... 11630th Sept., 1920 .................... 12931st Dec., 1920 .................... 10831st March, 1921 .................... 4230th June, 1921 .................... 6730th Sept., 1921 .................... 62

Finance

THE COLONIAL SECRETARY, bycommand of H.E. the Governor, laid on thetable Financial Minutes Nos. 84 to 113, andmoved that they be referred to the FinanceCommittee.

THE COLONIAL TREASURER seconded,and the motion was agreed to.

THE COLONIAL SECRETARY, bycommand of H.E. the Governor, laid on thetable the Report of Finance Committee No.11 and moved that it be adopted.

THE COLONIAL TREASURER seconded,and the motion was agreed to.

Children's Playground at the Peak

HON. MR. H. W. BIRD, in accordance withnotice previously given, asked the followingquestion:―

In view of the fact that the new motor roadhas destroyed the principal Children's playground at the Peak, will the Government layout a new Garden for their use in the hollow

leading off the Chamberlain Road belowPlunketts Gap?

THE COLONIAL SECRETARY replied―In view of the contemplated road extension inthe vicinity of the site in question, theGovernment, whilst not unfavourable to theproposal, considers it desirable to postponeany ultimate decision with respect to it untilthe extension is completed.

Child Labour and Boys in Prison

HON. MR. H. E. POLLOCK, K.C., inaccordance with notice previously givenasked the following questions:―

1. ― When will the Report of theCommittee on Child Labour be published?

2.―Will the Government lay upon thetable of the Legislative Council a return,showing the number of boys, under the age of18, who have been sent to prison, for eachquarter since the 1st January, 1920?

THE COLONIAL SECRETARY replied―

1. The report has been laid before Councilto-day.

2. The return has been laid on the table.

Light Dues

THE COLONIAL SECRETARY proposedthe following resolution:―

"It is hereby resolved by this Council thatlight dues shall continue to be collected at therates laid down in Table P of the Schedule tothe Merchant Shipping Ordinance, No. 10 of1899."

He said: Hon. members will remember thatwhen they agreed to a continuation of thelight dues on the same scale as they havebeen levied for some years the Governmentgave a pledge that they would be only for thecurrent year, and such dues would notthereafter be collected on the same scaleexcept by a resolution of the Council.

THE COLONIAL TREASURER secondedthe resolution.

The motion was agreed to.


The Liquor Duties

The COLONIAL SECRETARY proposedthe following resoltion:―

It is hereby resolved that the resolutionmade by this Council under the provisions ofsection 41 (1) of the Liquors ConsolidationOrdinance, 1911, on the 7th day of April,1921, published in the Gazette on the 7th dayof April, 1921, as Government NotificationNo. 139 as amended by the resolution madeby this Council on the 23rd day of June, 1921,published in the Gazette on the 24th day ofJune, 1921, as Government Notification No.279 be further amended as follows namely:―

1.―By cancelling the words "brandyand" in line 4 thereof and by adding theword "brandy" between the words "all" and"whisky" in line 5 thereof.

2.―By cancelling the clause thereofmarked (3) and substituting therefor thefollowing clause:―

(3) On all intoxicating liquors otherthan spirits of wine, arrack, and nativewines and spirits, heretofore or hereafterimported into, distilled, made, orprepared in the Colony above thestrength of 18deg. under proof thereshall be paid an additional duty of 7cents per gallon for every degree abovesuch strength.†

THE COLONIAL SECRETARY said ―Representations have been made by theFrench Government through the FrenchAmbassador in London with regard to theduty levied on brandy in Hongkong. It hasbeen represented that it is high comparedwith the duty levied on other spirits and thisoperates unfavourably towards a product ofFrance. After careful consideration itappeared to the Government that there is nojustification for levying a higher duty onbrandy than on other spirits, and thisresolution will have the effect of reducing theamount of the duty payable on brandy to thesame amount as is payable on whisky, gin,rum and other spirituous liquors.

† NOTE: ― The effect of the aboveresolution is to reduce the existing duty on

brandy to the same amount as that nowpayable on Whisky. Gin, Rum and otherspirituous liquors. The other duties payableon liquors remain the same.

THE COLONIAL TREASURER seconded.

The resolution was agreed to.

The Budget

THE COLONIAL SECRETARY moved thefirst reading of a Bill intituled, An Ordinanceto apply a sum not exceeding sixteen millionfour hundred and fifty thousand one hundredand thirty-one dollars to the Public Service ofthe year 1922.

EXPENDITURE

Governor ............................................ $ 91,084Cadet Service..................................... 295,171Colonial Secretary's Department

and Legislature.............................. 60,778Colonial Secretary's Special

Expenditure ................................... 1,126Secretariat for Chinese Affairs.......... 20,600Audit Department .............................. 53,730Treasury ............................................. 71,840Treasury, Special Expenditure........... 260Harbour Master's Department. .......... 272,154Harbour Master's Department,

Special Expenditure ...................... 22,880Imports and Exports Department ...... 711,778Royal Observatory............................. 34,141Royal Observatory, Special

Expenditure ................................... 1,050Miscellaneous Service....................... 517,446Judicial and Legal Departments........ 291,673Police ................................................. 1,456,785Police, Special Expenditure .............. 64,575Fire Brigade ....................................... 115,627Fire Brigade, Special Expenditure .... 57,000Prison ................................................. 315,659Prison, Special Expenditure .............. 30,900Medical Department .......................... 399,324Medical Department, Special

Expenditure ................................... 12,550Sanitary Department.......................... 578,040Sanitary Department, Special

Expenditure ................................... 61,530Botanical and Forestry Department .. 73,967Education ........................................... 731,361Education, Special Expenditure ........ 122,995


Volunteer Defence Corps........... 33,794Public Works Department.......... 800,330Public Works Department,

Special Expenditure ..............1,350

Public Works, Recurrent............ 899,550Public Works, Extraordinary ..... 6,611,300Post Office ................................. 381,422Kowloon-Canton Railway......... 530,421Kowloon-Canton Railway,

Special Expenditure ..............265,345

Pensions ..................................... 393,111Charitable Services.................... 67,484

Total.......................... $ 16,450,131

THE COLONIAL TREASURER seconded

H.E. THE GOVERNOR said―HonourableMembers of the Legislative Council.

In submitting for your consideration theEstimates of Revenue and Expenditure for theyear 1922, I feel that you will concur with mein regarding our financial position as quitesatisfactory.

The year 1920 finished with a balance ofrevenue over expenditure of $200,078.41 anda balance of assets over liabilities of$4,490,266.31.

It is now estimated that the revenue for thecurrent year will amount to $16,590,519 or$1,254,169 more than the original estimate.This change is due to the large sums realisedrecently by the sale of Crown Lands whichmore than balance a prospective deficit in theestimated revenue from the sale of opium,and in the estimated revenue from stampduties owing to the Ordinance increasing theduties not having been passed until May.

The expenditure for the current year is nowestimated at $16,111,990 or $1,237,160 lessthan the original estimate. Owing to variouscauses it was impossible to begin several ofthe larger public works until the year waswell advanced with the result that the sumthat will probably be expended is $3,307,500instead of $4,967,400.

The balance of Assets over Liabilities atthe end of this year is now estimated at$4,968,795.

For next year the Revenue is estimated toamount to $17,276,260. The principalincreases over the estimated revenue for thisyear are as follows:―

Assessed taxes..................... $ 159,800Liquor duties ....................... 279,400Stamp duties........................ 100,000Tobacco duties .................... 444,500Postage ................................ 95,000Railway―net ...................... 77,500Rents―net........................... 52,400Interest................................. 40,000Conservancy Contracts ....... 48,100Land sales............................ 1,334,000

The last item includes the balance of the largesum realised by the recent sale of the site ofthe old Post Office and Supreme Court, whichis not due till early next year. Stamp dutiesare fully realising our expectations while theamount collected for Tobacco duties is nowactually more than the revenue from opiumbefore the commcement of the Monopoly.

Passing now to the principal decreases inthe revenue, the figures for the opiumMonopoly have been further reduced by$500,000, and again I would remark thatthough unfortunate from a financial aspect,this decrease is gratifying from a wider pointof view. Other large decreases are

China Companies Fees ............... $56,270Engagement and Discharge of

Seamen ................................... 20,500Sunday Cargo Working Permits . 25,000

The expenditure for next year is estimatedto amount to $20,207,980, being $2,858,830more than the original estimate and$4,095,990 more than the revised estimate forthe current year. The increases and decreasesunder each department are set out in thesessional paper which has been laid on thetable. In order to make Revenue andExpenditure balance it will be necessary todraw upon our balances to the extent of$2,931,720 if the large sums provided forPublic Works Extraordinary are expended.*

* See Debate of November 14th.


It will be observed that the amountrequired for personal emoluments isconsiderably larger than before. This is dueboth to increases of salaries in severaldepartments, and to all sterling salaries beingreckoned at twelve dollars to the pound underthe sliding scale authorised last year. Therewill be savings on all sterling salaries so longas the exchange value of the dollar is above2s. 6d.

TREASURY

The staff at the Treasury has been slightlyincreased to cope with the additional work,and there is a considerable increase in theclerical salaries owing to the revision.

HARBOUR MASTER'S DEPARTMENT

In the Harbour Master's Department, a fewadditional posts have been found necessary,and it is anticipated that the revenue will beincreased thereby. In this department, thevotes under other charges for coal, repairsand stores for launches have been increasedby the transfer to the vote of amountspreviously paid by the Medical and PrisonDepartments in connection with theirlaunches. The Harbour Department will forthe future take charge of the running of theselaunches, and it is expected that greaterefficiency will result. Provision has furtherbeen made under special expenditure for thepurchase of a new launch for the Departmentto replace "H.D.2" and for making certainchanges in the lights at Green Island, GapRock and Waglan.

IMPORTS AND EXPORTS OFFICE

In the Imports and Exports Departmentprovision has been made for additional staff,including four additional Revenue Officersand ten Chinese Revenue Officers. The steamlaunch attached to this Department is, by anexchange with the Police Department, beingreplaced by a motor launch, which will costthe Department less to run. Purchase of RawOpium is estimated at $150,000 less than in1921. Under other charges a sum of $4,000has been included for liquor labels. TheSuperintendent expects by this system tosimplify the detection of persons who evadethe the liquor duties.

MISCELLANEOUS SERVICES

Under Miscellaneous Services on page 30,honourable members will find the followingchanges of importance.

$1,700 has been added to the bathingbeaches vote to provide for the additionalbeach at Stonecutters. The vote for theUniversity is made up of the annual grant of$50,000, $36,000 interest at 6 per cent. on theoutstanding balance of $600,000 of theGovernment contribution and a furtherinstalment of $100,000 to be paid at the endof the year. A sum of $5,000 has beeninserted for the first time for the runningexpenses of Government motor-cars. The$100,000 provided in 1921 as specialallowance on salaries disappears with therevision of salaries provided for elsewhere.

POLICE DEPARTMENT

The large increase both in PersonalEmoluments and other charges in the PoliceDepartment is mainly due to the fall inexchange, there being a large establishmentof European officers on sterling salaries. Theonly other increase of importance is due tothe provision of an additional harbour launch,and the transfer of a steam launch from theImports and Exports Department in exchangefor a motor boat. These changes havenecessitated an increase both in personalemoluments and in the items of coal, repairs,etc., for launches. It has also been necessaryto replace a wornout launch by a new launch.Hence the provision for two new launchesunder special expenditure. Provision has alsobeen made in special expenditure for twoadditional search lights. These are intendedfor two of the four large cruising launches ofwhich one has already been provided with asearch light. It is intended to provide the costof a search light for the remaining launch inthe estimates for 1923.

FIRE BRIGADE

In connection with the re-organisation ofthe Fire Brigade as recommended in sessionalpaper No. 7 of 1921, it has been thoughtadvisable to separate the Police Departmentand Fire Brigade entirely in the Estimates for1922. The large increase in the latter is dueentirely to provision being made to carry intoeffect the recommendations made by theCaptain Superintendent of Police.


PRISON DEPARTMENT

A new post of Warder in charge of thePrinting Shop has been included in the PrisonEstimates, with the object of eliminatingwaste, saving time, and generally increasingthe efficiency of the Shop. This appointmentwas recommended in a valuable report madeby the late Mr. E. J. Noronha. $30,000 hasalso been inserted under special expenditureon page 47 for the purchase of a new steamlaunch for use in connection with the Lai ChiKok Prison. The old launch V.G.1 wascondemned and sold, and for approximatelyfive months of this year the Department haspaid for the hire of a launch, but it isproposed to purchase a new launch in 1922which will be specially designed for theaccommodation of prisoners, and will beessential when the new gaol at Ngau Shi Wanis completed.

MEDICAL DEPARTMENT

Under the Medical Department, sums havebeen included under personal emoluments,other charges and special expenditure inconnection with the new Out-PatientsDepartment at the Government Civil Hospital.A sum of $25,000 was provided in 1921estimates for the construction of the building:and it is anticipated that this Department willbe working during part of next year. Theincreased cost of medical appliances and ofmaterials generally accounts for the increaseunder other charges on the MedicalDepartment.

SANITARY DEPARTMENT

In the Sanitary Department, a total increaseof $15,922 results from the additional staffrequired to cope with the increase of the cityand the consequent extension of theDepartment's activities. A number of publicworks have been included in Public WorksExtraordinary on behalf of the Department,e.g., bathhouses, dust-stations, cattle depotand small markets. The Department alsorequires a new steam launch and refuse junkswhich have been inserted as items of specialexpenditure; all of which entail a furtherincrease of staff and of certain votes underother charges, e.g., fuel, coal, light,disinfectants.

BOTANICAL AND FORESTRY DEPARTMENT

Under the Botanical and ForestryDepartment a new post of Supervisor hasbeen created for work in connection withplantations in remote districts. The vote forBrushwood clearing has been increased by$2,500 to make provision for the clearing oflarger areas adjoining houses and roads inconnection with the campaign againstmosquitoes organised by the Sanitary Board.This work has necessitated various smallincreases in the staff of the Department also.

EDUCATION DEPARTMENT

In the Education Department, an increaseof $62,837 is provided for subsidies toVernacular Schools. This is in some degreecompensated for by a reduction of $18,667 inthe item "Capitation Grants." It is hoped bymeans of these subsidies to extendeducational facilities to a larger proportion ofthe poorer classes.

PUBLIC WORKS DEPARTMENT

In the department of Public Works a verylarge increase of expenditure is shown underthe head of "Personal Emoluments." Aftercareful consideration the Secretary of Statehas sanctioned the system of continualincrements for all engineers to date from the1st January, 1921. The two assistants of theDirector of Public Works have been grantedsalaries of £1,000 rising by increments of £30a year to £1,150. Engineers begin on a salaryof £460 rising by increments of £20 a year to£700, and by increments of £25 a year to£950, while officers in executive charge ofSub-Departments draw a charge allowance of£100 a year. There are strict efficiency bars at£600 and at £700.

I feel sure that this recognition of theexcellent work done by officers of the PublicWorks Department will be gratifying not onlyto honourable members, but to those outsidethis council who are daily brought in contactwith the results of their labours. The staff ofEngineers has been increased in order to copewith the many important works in hand andcontemplated, and I think it will be conceded,w h e n w e c o m e t o c o n s i d e r t h e


Public Works Extraordinary programme fornext year, that the increase is fully justified.Two items of expenditure of expenditure of$12,000 and $10,000 have been insertedunder other charges, in connection with theGovernment Quarry for upkeep of QuarryPlant and Quarry Stores. The increase in theamount provided for "Public WorksRecurrent" is small, but I hope will be foundsufficient.

The total sum provided for Public WorksExtraordinary is $6,611,300 an increse on theestimate for the present year of $1,643,900.The vote for this year was far larger than anyvote for Public Works in previous years, sothat honourable members will be able togauge the extent to which the rapiddevelopment of the Colony is making itnecessary to spend sums on roads, buildings,reclamations and water works that wereundreamt of a few years ago. Many worksthat are desirable, though not very urgent,have had to be dropped for the present. Iwould mention in particular the tramway toWanchai Gap, a work which may have to beproceeded with before long as theconstruction of houses on the new road in thevicinity of Wanchai Gap and on MountCameron proceeds. It is recognised thatuseful in many ways as the road to the HillDistrict will be, cheap and rapid transit atregular intervals is necessary to a centralpoint. As, however, no definite plans havebeen prepared for this work, and the methodof working the tramway has not been decidedon, it is unnecessary to increase the vote forPublic Works by a sum that will probably notbe spent.

The greater portion of the whole sum to bevoted is absorbed by works already inprogress, and I need only refer to works forwhich provision is now made for the firsttime. In Hongkong, under the heading"Buildings" Item 3 has been increased toprovide for six more houses on Leighton Hillin two blocks of three each. Item 4 has beenincreased to provide more accommodationthan was originally intended. Item 10provides a sum for beginning the newbuildings for Saiyingpun School on a site onBonham Road, which will probably beacquired during next year. Item 11 is for asmall bungalow in the grounds ofGovernment House to supplement the

inadequate bedroom accommodation of theHouse. I referred to this matter in speaking inthe Estimates last year. Item 12 is the firstexpenditure under a scheme for removingQueen's College from its present site to amuch larger site on Caroline Hill. ACommittee appointed last year reported veryunfavourably on the present buildings, andthe development during the last few years ofa taste for field games among the Chinese hasrendered is essential that any site to which theprincipal Government School is to betransferred shall not only be easily accessible,but shall have ample grounds for recreationof every kind. These conditions are fulfilledby the site chosen and as soon as plans for thenew school are approved an estimate of thecost will be placed before HonourableMembers. I may point out that the amountwhich will be realised by the sale of suchportion of the present site of Queen's Collegeas may be available after the area has beenlaid out to suit city developments will go farto pay for the new College.

Item 15 is for a small market in theneighbourhood of Causeway Bay, and Item16 is for an underground miniature rifle rangeat the side of the Hongkong VolunteerDefence Corps parade ground, which will bemost useful for training during the winter.

Under "Communications" the first fiveitems are for works already in progress, and itis expected that all except the first item willprove remunerative undertakings. I maymention that one piece of land opened up bythe new road to the Peak sold a few days agofor $80,000, which is exactly the estimatedcost of completing the road to Victoria Gap.

Item (g) provides a sum for beginning the100 foot road from Causeway Bay to NorthPoint, but it is probable that the large amountof filling required for reclaiming the sitesrecently sold at North Point will be obtainedto some extent from the route of this road andthe heavy cost of making it will thus bereduced.

Item (h) is for very necessary widening ofthe road at Shaukiwan. Item (i) is a 10 footroad at a level of about 800 feet which willjoin the Peak Road at a rather lower level andeventually connect with the road to be begununder Item (m). It is expected that these roadswill open up good building sites.


Item (j) provides for widening and improvingcurves on Victoria Road.

Item (k). This road will have the effect ofopening Conduit Road to wheeled traffic.

Item (l) is really a new work as none of themoney voted for this year has been spent. It isproposed to begin a road from Wanchai Gapalong the south side of Mount Cameron wherebuilding sites are being applied for.

Item (n) required for a road to give access tosites already sold on Victoria Road.

Item (p) is for a road in front of building siteson the side of the ridge in the Happy Valley.

Item (q) provides for making the roadway inQueen's Road East as resumptions becomepossible.

Item (s) is required in accordance withcovenants entered into to connect the houses onBroadwood Road with the road from MorrisonGap to Wanchai and Wong-nei-chong Gaps.

Item (t) provides for much neededimprovements in the alignment of the roadsmentioned.

Item (v) is for raising and paving the Praya atKennedy Town where it has sunk below theproper level.

Under "Drainage" provision is made forcompleting the sewer from Wanchai Gap to thesea near Aberdeen and for drainage on the roadto Wanchai Gap and at Repulse Bay. The lastnamed work will be paid for by lessees of land.

Under Miscellaneous Works, Item 25 is forthe construction of the new Queen's Statuewharf. Item 26 for enlargement of theGovernment depot at Tsat Tsi Mui where all thework in connection with reinforced concretepiles, paving slabs and road surfacing is carriedon.

Items 28 to 40 require no special comment.Large sums are provided under the heading"Waterworks" for developments to meet theincreased consumption of water which taxed theexisting means of distribution severely duringthe summer months. I would take thisopportunity of remarking that a carefulexamination of all possible catchment areas inthe island shows that we are approaching thelimit of our water supply and that in the notdistant future it may be necessary to tap newareas.

Under Item 56 provision is made for the

work in connection with the Praya EastReclamation Scheme which will be necessaryduring the year.

In Kowloon large sums are provided for workon the hospital and police stations at Yaumatiand Mongkoktsui. Item 60 provides for a cattleand swine depot at Yaumati, the necessity forwhich has been urged by the Sanitary Board.Under Item 61 provision has been made forbeginning the construction of quarters for thescavenging staff. The extension of the FireStation (Item 62) is for the accommodation ofthe firemen for whom there is no room in thePolice Station. Item 65 provides for anunderground chamber at the Royal Observatoryfor the Seismograph and other delicateinstruments. The remaining items for buildingsrequire no special comment.

Under the heading "roads" the principal workof construction is the 100 foot road from ShamShui Po to Kowloon City, with the nullah tocarry the large stream from the east side of therailway. Provision is made for this under items74 (a) and 75 (a). It is also proposed to spend asum of $100,000 in improving the surface ofthe existing main roads.

Under the heading "waterworks" provision ismade for improving the distribution of water inKowloon.

As regards the New Territories, under whichheading New Kowloon is included, it is hopedto make a start with the gaol at Ngau Shi Wanand to build a Police Station at Shatin, a newPublic Works Bungalow at Taipo chiefly for theuse of surveyors, and other buildings as set outin Items 94, 95 and 97. I would mentionspecially Item 92 which provides forreconstructing three of the sheds at Lai Chi Kokat present used as a gaol, as it is considered thatthe present sheds would be unsafe in a typhoon.The Diaphone Fog Signalling Installation atWaglan Island on the Canadian model shouldprove of great value to shipping.

Under "roads" the principal work is thecontinuation of the surfacing of the main roadfrom Lai Chi Kok to Castle Peak and Taipo.

Item 102 and 105 (a) and (b) described as theKowloon Tong Development Scheme relate to alarge housing scheme, which has been underconsiderat ion for some t ime. It has beendecided that the best method of carrying thes c h e m e


into effect is for the Government to do the workof levelling and draining the area and to sell theland to a company, which under certainrestrictions will arrange for the building ofhouses. The road provided for under item 101 (f)will give access to the area from Kowloon.

Under Item 104 a sum of $200,000 isprovided for continuing the reclamation atSham Shui Po.

The refuse dump referred to under Item 107is an alternative method of disposing of refuseto that of dumping at sea, which has certaindisadvantages. The dump will eventually whenconsolidated form a valuable reclamation.

Under "Waterworks" provision is made fortwo small schemes at Taipo and Fanling both ofwhich should prove remunerative.

POST OFFICE

Under Post Office, provision has been madefor the re-organisation of the staff of the Caped'Aguilar Wireless Station on transfer from theNaval Authorities to the Colonial Government.Increased work in connection with theprovision of Wireless Telegraph on ships andthe issue of licences for Wireless Telegraphnecessitates a larger staff.

KOWLOON-CANTON RAILWAY

In the Kowloon-Canton Railway, ananticipated increase in the Traffic has entailedincreased estimates for items such as coal andoil, which is partly counter-balanced by areduction in repairs and renewals, sleepers, etc.The programme of Special Expenditure in thisDepartment is heavy, but has been reduced toits minimum. The chief items are Improvementsat Kowloon Station, an extension to a carriageshed at Hung Hom, new sidings and station atSheung Shui, a new Carpenters Shop at HungHom and a sum of $30,000 for "Spares forLocomotives," all of which are considerednecessary.

THE GENERAL FINANCIAL POSTION

May I, in conclusion, revert to the generalfinancial position as indicated by theseEstimates? The proposal to deplete our balancesby a sum not far short of three million dollarsmay seem to require some defence, but I submitthat it is in accordance with sound policy. Theestimated excess of expenditure over revenue is

due solely to the very large programme ofpublic works for which provision has beenmade. Judging from the experience of the past,I think it is unlikely that we shall be able tospend during the year the whole amount of$6,611,300 which appears on the Estimates. Itis always the case that some works cannot bebegun till late in the year: that circumstancesprevent as much work being done on others aswas hoped when the Estimates were framed andthat others still have to be postponed owing tounexpected difficulties and delays. It isimpossible to forecast what works may or maynot fall under one of these categories and thebest course that we can take is to makeprovision for the maximum programme whichwe could hope to carry out if all circumstanceswere favourable. It is, therefore, more thanprobable that the balances will not have to bedrawn on to the extent which the Estimatesappear to indicate and I think also that there issome reason to hope that we have taken aconservative view of the revenue which we mayexpect to receive.

Even, however, if the balances are reduced tothe full extent suggested, I consider that theresult may be regarded not only without alarmbut with satisfaction for this reason―that by farthe greater part of the expenditure on PublicWorks Extraordinary is for undertakings which,apart from the general benefits which they willconfer on the community, will actually proveremunerative in the near future. The amountspent on these works is, therefore, not so muchexpenditure in the ordinary sense as a change ofinvestments. We are moving our money fromone form of security to another, transferring ourcapital from the scrip of loans into land andbuildings. Take for instance, the votesamounting to practically half a million dollarsfor the Praya East Reclamation. This moneywill come back to us and will bring a handsomeprofit with it as soon as the reclamation iscompleted and might indeed be regarded foraccounting purposes rather as an advance thanas actual expenditure.

Then again the expenditure on roads is inpractically every case recouped sooner or laterby the sale of the building sites which they openup. This expenditure enables us to sell at good


prices land which until the roads wereconstructed was almost valueless, so thatmuch of our capital returns to us in this formwhile the increased receipts from CrownRents and assessed taxes provide us with apermanent addition to our income. Some ofthe expenditure on roads is recouped almostat once―I need only refer to the recent saleof land on the new Peak Road, which I havealready mentioned.

In other cases, we may have to wait a littlelonger as the sales of land will not begin untilthe development which the roads are intendedto assist catches up with the work. Someroads are in the nature of lock-up investmentswhich will certainly bring in good interest inthe future though the exact date when theywill begin to do so depends uponcircumstances.

It is I submit essential to take a long viewof the future position especially in theKowloon Peninsula, and our plans are laidwith this object. Wide roads, good drainage,an adequate water supply and cheap andefficient means of transport are some of theends in view. It is only by providing suchfacilities that the housing problem can besolved, and with the return of general tradeprosperity our best efforts will be required tokeep pace with the needs of a rapidly growingpopulation.

Having regard to these considerations Isubmit that, as I said last year and the yearbefore, the policy of devoting our balances toworks of development up to the fullest extentwhich the resources of the Public WorksDepartment enable us to undertake is the bestwhich it is possible to adopt in the interests ofthe Colony, and I have, therefore, nohesitation whatever in commending theseEstimates to your approval.―(Applause.)

The first reading of the Bill was agreed to.

Widows' and Orphans' Pension Ordinance

THE ATTORNEY-GENERAL―I beg tomove the first reading of a Bill intituled, AnOrd inance to amend the Widows ' andOrphans' Pensions Ordinances, 1908 and1921. The object of this Bill is to includewi thin the scheme of the Widows ' andOrphans' Pension Fund, throughout the whole

of their service, certain officers who, underthe present scheme, only come under theobligation to contribute to the Fund at a laterstage in their service. The reason is that it isthe contributions during bachelorhood whichcount most in the calculations of pensionspayable to widows and orphans, and it isproposed to bring these particular officersunder the scheme of the Fund in order toensure that the pensions which may becomepayable to their widows and orphans may beas large as possible. The persons who atpresent come under the scheme of the Fundare : ( 1) a l l per sons in t he pe r man en temployment of the Government, and (2)European police officers of the rank ofsergeant or any higher rank, or any otherEuropean members of the police force whosema r r i age i s a p pr o ve d b y the Ca p t a i nSuperintendent of Police. The Bill proposesto extend the scheme of the Fund to thoseEuropean officers of the police force who atpresent are outside it and to other servants ofthe Government who are not members of thepolice force but are appointed on agreementsfor terms exceeding two years. There are twoclasses of these officers: first of all, officersappointed on what I may call probationaryagreements, generally for three years, manyof whom come at the end of three years onthe permanent staff. It seems desirable thatthey should contribute to the Widows' andOrphans' Pension Fund from the beginning oftheir service―during the t ime of theirprobationary agreement. The other class ofofficers who will now come under the schemeof the Fund are certain officers who areappointed throughout the whole of theirservice for successive terms of five years. Butfor the fact that their agreements are for fiveyears at a time they are, for all practicalpurposes, on the permanent staff. The Billwill only apply to officers appointed orreappointed after the Ordinance comes intoforce but an option is given to officers atpresent in Government service, who wouldhave come under the scheme had they beenappointed after the commencement of theOrdinance, to come into the Fund. They aregiven a certain time to declare their election.The Bill puts that down as a period of onemonth after return from leave to those whoare on leave at the commencement of theO r d i n a n c e , a n d o n e mo n t h a f t e r t h ec o m m e n c e m e n t o f t h e


Ordinance in the case of officers not on leave. Itis proposed to alter the period to three monthsin each case. Power is given to the Governor inCouncil to exclude from the operation of theWidows' and Orphans' Pensions Ordinance anyofficers who are appointed to work of a specialor temporary character.

THE COLONIAL SECRETARY― I beg tosecond.

The Bill passed the first reading.

The "Objects and Reasons" attached to theBill state:―

1. The object of this bill is to include withinthe scheme of the Widows' and Orphans'Pension Fund all European members of thepolice force, and all officers of the Government,other than police officers, who are appointed,either permanently, or on agreement for periodsexceeding two years, and who receive at least$420 per annum.

2. At present, apart from the case of thepolice force which is dealt with below, anofficer who is appointed on an agreement for aterm of years does not come within the scope ofthe principal Ordinance, because he is not aperson "permanently employed in the service ofthe Government." This adversely affects theprospects of the officer in the Fund, as it is thecontributions during bachelorhood which are ofthe greatest importance in determining theamount of pension payable under the Fund tothe officer's widow and children.

3. The officers of the police force areappointed and reappointed on agreements forfive years, but European members of the forceof the rank of sergeant or higher rank, andcertain married European members of the forcebelow the rank of sergeant, have been includedin the scheme of the Fund. It is now proposed tomake all European members of the police forcecontribute to the Fund. This will considerablyincrease the amount of the pensions payable tothe widows and children of police officers, as itwill provide for contributions from the officersduring bachelorhood, and for the whole of theirservice.

4. Subject to what is stated in paragraph 6below, this Ordinance will refer only to personsappointed or reappointed after thecommencement of the Ordinance, and, as is thecase with the existing Ordinances, it will notapply to any person whose salary is less than

$420 per annum.

5. Power is given to the Governor in Councilto exclude from the operation of the Ordinanceofficers appointed for work of a special ortemporary character, and provision is made forthe return of any contributions made to the fundby any such officers before the date ofexclusion.

6. Clause 4 of the bill gives to persons in theservice of the Government at thecommencement of the Ordinance, who are notliable to contribute to the Fund, but who wouldhave been liable if they had been appointedafter the commencement of the Ordinance, theright to elect to join the Fund.

Legal Practitioners Amendment Ordinance

THE ATTORNEY-GENERAL ― I beg tomove the first reading of a Bill intituled, AnOrdinance to amend further the LegalPractitioners Ordinance, 1871. This Billproposes to make certain alterations in the lawrelating to the preliminary and finalexaminations which have to be passed bysolicitors' clerks who are articled here. It alsoslightly alters the sanction provided for actingwithout qualification as barrister or solicitor.

Clause 2 deals with the preliminaryexamination. I should explain that all clerksarticled here must pass, before they are articled,a certain examination called a preliminaryexamination unless they have already passedsome examination which is to be taken as asubstitute for that examination or received aspecial exemption from the Chief Justice.Clause 2 proposes to make the HongkongUniversity matriculation examination one of theexaminations which is to be a ground forexemption from the preliminary examination.Most of the matriculation examinations inEngland are grounds of exemption there, and asthe standard of the Hongkong Universitymatriculation examination is as high as that ofany matriculation examination in England thereseems no reason why that examination shouldnot be a ground of exemption here. The clausealso provides that any examination that wouldin England be a ground for exemption from thepreliminary examination there shall be a groundfor exemption from the preliminaryexamination here, and a ground for exemptionwithout any special order by the Chief Justice.At present an order is necessary.


Clause 3 deals with the solicitors' finalexamination. Paragraph (a) of that sectioncorrects an obvious drafting error in theOrdinance of 1871. Paragraph (b) of clause 3provides that the fee to be paid to the examinersin the final examination may be fixed byregulation by the Governor in Council. Atpresent these fees have to be fixed afresh foreach new examination. It also provides that thefees payable to examiners are to be paid by thecandidate or candidates. The intention is to fixthe fee at $100 for each of the three examiners.

Clause 4 provides a new sanction for theoffence of acting as a barrister or solicitorwithout qualification. The present sanction is apenalty of $200 which, apparently, has to berecovered in a civil action against the offendingparty. The clause proposes to make thatsanction a fine of $1,000 recoverable onsummary conviction before a magistrate.

THE COLONIAL SECRETARY seconded,and the Bill passed the first reading.

The "Objects and Reasons" state:―

1.―Clause 2 deals with the question of thepreliminary examination which has to be passedby persons who intend to become articled clerkshere.

2.―From 1871 to 1913 the law was that theChief Justice might make regulations for thisexamination, subject to the approval of theLegislative Council, and that all personsintending to be articled in Hongkong had topass the examination unless they obtained anexemption order from the Chief Justice. Therewas no restriction on the right of the ChiefJustice to grant or refuse such an exemptionorder.

3.― In 1913 an amending Ordinance waspassed which provided that the Chief Justicemight grant an exemption order in the case ofany person (a) who was a graduate of theHongkong University or (b) who had passedany examination which would in Englandexempt him from the solicitors preliminaryexamination there.

4.―There are a great many examinations inEngland which are grounds for exemption fromthe solicitors preliminary examination. Amongthem is the Oxford Local examination. Thatexamination used to be held in the schools here,

but about the year 1913 it was abandoned forthe matriculation examination of the Universityof Hongkong.

5.―It seems probable that it was the OxfordLocal examination which the legislature had inmind when the Ordinance of 1913 was passed,but the effect of that Ordinance is that no onenow can obtain exemption from the preliminaryexamination unless (a) he is a graduate of theUniversity of Hongkong, or (b) he has beeneducated in England and has passed one of thenecessary examinations there.

6. ― As practically all matriculationexaminations in England are grounds ofexemption, and as the standard of thematriculation examination of the HongkongUniversity is as high as that of anymatriculation examination in England, it seemsonly right that the matriculation examination ofthe University of Hongkong should be made aground of exemption from the preliminaryexamination here.

7.―Paragraph (a) of Clause 2 of the Billaccordingly adds the matriculation examinationof the University of Hongkong to the list ofexaminations which are grounds of exemptionfrom the solicitors preliminary examination.Paragraph (b) of the same clause makes aconsequential amendment in sub-section (3) ofSection 3 of the principal Ordinance.

8.―It should, however, be pointed out thatthe question discussed in the precedingparagraphs above has already been decided in asomewhat different way in the regulations forthe preliminary examination which werepublished in the Gazette of the 16th August,1918. The short effect of these regulations isthat persons intending to become articled heremust pass in the obligatory subjects of thematriculation examination of the University ofHongkong held for candidates in the Faculty ofArts, and must also pass in certain portions ofthe matriculation examination in Latin. It is not,however, considered necessary or desirable toretain the requirement of the knowledge ofLatin, because no such requirement is in forcein England.

9.―Paragraph (a) of Clause 3 of the Billcorrects an obvious mistake in Section 11 of thep r i n c i p a l O r d i n a n c e . T h a t


section at persent provides that examiners forthe purposes of the Ordinance must be theAttorney-General, a practising solicitor, andanother person or other persons to be appointedby the Chief Justice. Obviously this is intendedto apply only to the final examination, and theproposed amendment effects this object.

10.―Paragraph (b) of Clause 3 of the Billgives the Governor in Council power toprescribe by regulation the amount of the feesto be paid to the examiners in the finalexamination. At present the fees have to befixed afresh on each examination. Theamendment also provides that these fees shallbe paid by the candidate, or, if there be morethan one candidate, by the candidates in equalshares. It is proposed to fix the examiners feesat $100 each, so that a candidate may have topay $300 for the examination.

11. ― Clause 4 authorises a fine of onethousand dollars on summary convictioninstead of a penalty of two hundred dollars(apparently recoverable by a common informer)as the penalty for unlawfully practising as abarrister or solicitor. The consent of theAttorney-General for the institution ofproceedings is made no longer necessary.

12.―Clause 5 is a consequential amendment.

Rents Amendment Ordinance

THE ATTORNEY-GENERAL moved the firstreading of a Bill intituled, An Ordinance toamend the Rents Ordinance, 1921, and said―The object of this Bill is to make a number ofamendments in the Ordinance which waspassed earlier in the year. Some of them areaimed at preventing evasions of the law bycertain classes of landlords,―who I hope, are inthe minority―who seem to be determined toevade the provisions of the principal Ordinanceif they possibly can.

Clauses 2 and 7 deal with paragraph (f) ofsub-section 1 of section 4 of the principalOrdinance with provides that a landlord maygive notice to quit to his tenant, and mayrecover possession if he intends bona fide topull down the premises or reconstruct them tosuch an extent as to make them technically anew building. It appears that certain landlordshave been trying to treat this section in amanner which is not bona fide: in other wordsthey have been giving, or contemplating giving

notice to quit, when they have had no realintention at all of reconstructing or pullingdown, but are prepared to do nothing at all tothe building if only the tenant will agree to payincreased rent.

Clause 7 provides that no notice given underthat paragraph of the principal Ordinance shallbe valid unless given or confirmed by leave ofthe Court. A landlord intending to give suchnotice must show the Court grounds forbelieving that the notice given is bona fide, andon the application to the Court to give noticethe tenant, of course, will have the opportunityof being heard. The clause applies also tonotices already given before thecommencement of the Ordinance; they will notbe valid unless confirmed by the Court onapplication made on the same grounds asapplication for leave to give notice.

Clause 2 is another attempt to strengthen thatparagraph in the interests of the tenant. Itprovides that if the landlord gives notice, hemust state in writing whether he intends to pulldown the premises or reconstruct and if heintends to reconstruct he must state the exactnature of the reconstruction intended. It ishoped that tying down the landlord to a specificstatement in writing of his intentions will besome additional safeguard to the tenants.

Clause 3 makes a slight technicalamendment.

Clause 4 deals with the transfer of an actionfrom the summary jurisdiction of the SupremeCourt to the original jurisdiction. Under theprincipal Ordinance all actions under thatOrdinance have to be tried in summaryjurisdiction the object, of course, being toensure a speedy hearing and to reduce costs. Itsometimes may happen, however, that twoactions may be pending at the same time in thetwo divisions of the Supreme Court one in thesummary jurisdiction, brought under the RentsOrdinance, and one in the original jurisdictionwhich must be tried in that jurisdiction becauseof the amount involved. These two actions mayrefer to the same premises and raise the samefacts, and it may be very inconvenient to havethe two actions tried separately in differentcourts. At present there is no power to transfer asummary action to original jurisdiction so as toenable the two cases to be consolidated andtried together. This clause will give this power.


Clause 5 is one of the clauses aimed atevasion. It appears that certain landlords are inthe habit of issuing distress warrants for rent inexcess of the rent recoverable under theOrdinance that is, rent in excess of the standardrent―no doubt relying on the tenant being tooignorant or too poor to take proper proceedingsto question the legality of the distress. Theclause proposes to make it an offence to issuesuch distress warrants and proposes to give themagistrate on the summons being heard powernot only to fine the offending landlord, but alsoto order him to pay back to the tenant any rentin excess recovered by means of the illegaldistress; also damages not exceeding $250. Thisclause also applies to cases where a landlorddemands or extracts rent in excess of thestandard rent, under threat of issuing suchillegal distress warrant.

Clause 6 is another clause aimed at evasion.It provides that it shall be a criminal offencepunishable by a fine of $1,000 for any person todo any act whatsoever mala fide to induce alessee to give up possession. That has beeninserted because certain landlords have gone sofar as to remove windows in wet weather, andeven staircases, to drive the tenants out.

Clauses 8, 9 and 10 are partly declaratory andpartly intended as amplifying and pursuing thepolicy of the principal Ordinance. Clause 8provides that notice to quit given by a lesseeshall not affect the right of any sub-lessee toremain on in his own part of the house, unlesshe joins in or confirms the notice to quit. Thatwas believed to be simply declaratory when theBill was drafted, and that is now confirmed bythe Court. It has been held in a recent case thatthe law as stated in this clause is, in fact, theexisting law; but to make the matter perfectlyclear I think it well to retain this clause in theBill.

Clause 9 provides that an ejectment orderagainst a lessee is not to affect the right of anysub-lessee to remain on in his part of thepremises. That is taken from the English Act.

Clause 10 provides that where the interest ofthe lessee of a domestic tenement is determinedin any way whatsoever, in other words, whenthe lessee goes out, any sub-tenant who holdsfrom him will become the tenant of the landlordfrom whom the lessee held, on the same termsas the original lessee, but, of course, at thestandard rent. Since this Bill was drafted one or

two other points have been raised which itmight be feasible to deal with in this Bill, and Ipropose after the first reading to move that theBill be referred to the Standing LawCommittee.

THE COLONIAL SECRETARY seconded,and the Bill was read a first time.

THE ATTORNEY-GENERAL then movedthat the Bill be referred to the Standing LawCommittee.

THE COLONIAL SECRETARY seconded,and the motion was agreed to.

The "Objects and Reasons" state, that "theobject of this bill is to make in the RentsOrdinance, 1921, certain amendments whichexperience has shown to be desirable."

Clause 2 proposes to amend section 4 (1) (f)of the principal ordinance so as to oblige anylandlord giving notice to his tenant under thatparagraph to state definitely what he proposesto do. The paragraph in question gives thelandlord the right to give notice only when heintends either to pull down the domestictenement or to reconstruct it in such a way as tomake it technically a new building. It is fearedthat some landlords may attempt to use thisparagraph mala fide and with no real intentionof pulling down or reconstruction, and it isthought that to require particularity in the noticemay be some additional safeguard.

Clause 3 proposes to make a slight technicalalteration which is intended to make it quiteclear that any summary offence created in theprincipal Ordinance or amending Ordinance isto be tried before a magistrate.

The object of clause 4 is to give the summarycourt power to transfer to the originaljurisdiction of the Supreme Court actions whichunder the principal Ordinance would otherwisehave to be tried in the summary jurisdiction. Atransfer of this kind might be desirable wherean action relating to the same tenancy hadalready been commenced in the originaljurisdiction and where such action could not betransferred to the summary jurisdiction. In suchan event it might be highly inconvenient thatthe two actions should be heard separately indifferent courts.


A special explanation of sub-clause (3) ofclause 4 seems desirable. The principalOrdinance, which contemplates only a trial inthe summary jurisdiction, provides for anappeal from the summary jurisdiction to the fullcourt of two judges. Speaking generally,however, the Full Courts Ordinance, 1912,provides that all appeals from the originaljurisdiction, except interlocutory appeals, mustbe to the full court of three judges. Sub-clause(3) of clause 2 of the bill proposes to apply theprovisions of the Full Court Ordinance, 1912, toany action transferred under sub-clause (1) ofclause 2. The objection to making the appeal insuch a transferred action lie to the full court oftwo judges is that it would in that case benecessary to provide that the appeal in anyoriginal jurisdiction action consolidated withthe transferred action should also lie with thefull court of two judges. It is certainly anobjection to sub-clause (3) of clause 2 of thebill that an appeal to the full court of threejudges places additional delay in the way of thedetermination of a class of cases which ought tobe heard speedily, especially as the Ordinanceis only a temporary one, but the considerationmentioned above seems to outweight thisobjection.

Clause 5 of the bill is ntended to check thepractice of issuing distress warrants foramounts in excess of the standard rent,apparently in the hope, often well founded, thatthe tenant will have neither the means nor theknowledge to resist such an illegal distress bymeans of ordinary civil proceedings, with theirattendant expense and technicality.

Clause 6 makes it a criminal offence,punishable with a fine of $1,000, for any personto do any act mala fide in order to induce atenant to quit. This clause has been insertedbecause of complaints that certain landlordshave been removing windows and evenstaircases in order to drive their tenants out.

Clause 7 provides that a notice to quit givenunder section 4(1)(f) of the principal Ordinanceshall not be valid unless given or confirmed byleave of the court. It also provides that, even ifleave is given, the lessee may apply at any timefor damages if he can prove that the notice wasnot bona fide. Sections 4 (1) (f) of the principalOrdinance deals with cases where the lessorgives notice to quit on the ground that heintends to pull down or reconstruct the domestictenement. Clause 4 has been inserted in the billbecause it appears that certain landlords are

using this provision mala fide, i.e., in caseswhere they have no real intention ofreconstruction and are prepared to abandontheir alleged intention to re construct providedthat the tenant is prepared to pay an increasedrent.

Clause 8 provides that a notice to quit givenby a lessee is not to affect any sub-lessee,unless the latter concurs with the notice.

Clause 9 provides that an ejectment orderagainst a lessee is not to affect any sub-lessee.This provision is taken from the English Act.

Clause 10 provided that upon thedetermination of the interest of a lessee anysub-lessee becomes a statutory tenant of thehead landlord on the same terms as he wouldhave held from his immediate landlord if thelatter's tenancy continued, but at the standardrent. This is also taken from the English Act.

Mercantile Bank Note Issue Ordinance

HON. MR. POLLOCK―I beg to move thefirst reading of a Bill intituled, An Ordinance toextend for a further period the powers grantedby the Mercantile Bank Note Issue Ordinance,1911, to the Mercantile Bank of India, Ltd., tomake, issue, re-issue and circulate notes in theColony. As hon. members will see from thestatement of Objects and Reasons attached tothis Bill, the present power of the Bank to make,issue, re-issue and circulate notes in the Colony,which was granted by Ordinance in the year1911, will expire in the normal course on the28th December of this year. It is proposed byclause 2 of the Bill to extend that period ofexpiry till the 13th August, 1929, after whichdate the Bank will cease to issue or re-issuenotes but shall redeem any notes which it shallhave previously issued or re-issued.

HON. MR. HO FOOK seconded, and the Billpassed the first reading.

The Objects and Reasons state: ― TheMercantile Bank Note Issue Ordinance, 1911,Ordinance No. 65 of 1911, empowered theMercantile Bank of India, Limited, to make,issue, re-issue and circulate bank notes. Thispower was limited to a period of 10 years fromthe commencement of the Ordinance. It is nowconsidered desirable to extend this periodwhich expires on December 28th, 1921.


St. Joseph's College IncorporationOrdinance

HON. MR. POLLOCK―I beg to move thefirst reading of the Bill intituled, An Ordinancefor the incorporation of the Christian BrothersSchool, known in French as "L'Institut desFreres des Ecoles Chretiennes" and known inHongkong as St. Joseph's College. As hon.members will see from the statement of Objectsand Reasons attached to this Bill, certainproperty belonging to this Colony is now vestedin an individual who is absent from the Colonyand who does not intend to return. That, Sir, is avery inconvenient matter for the College andthe object of this Bill is to incorporate St.Joseph's College so that the property that isacquired for this purpose may be vested in it.

HON. MR. BIRD seconded, and the Bill wasread a first time.

The "Objects and Reasons" state:―

1. ― The Christian Brothers School inHongkong known as St. Joseph's College hasacquired certain immovable property in theColony for the purpose of carrying on itsscholastic work. This property is at presentvested in the name of an individual who hasnow left the Colony and who does not intend toreturn. In order to avoid the inconveniencewhich arises and may arise owing to theproperty being vested in an absent owner it isdesired that the School should be incorporatedby Ordinance, as has already been done in theStraits Settlements and the Federated MalayStates.

2. ― The present Bill effects suchincorporation and contains the necessaryprovisions for evidencing the appointment ofthe Director in Hongkong of St. Joseph'sCollege for the time being.

Public Health and Buildings (Amendment)Ordinance

THE ATTORNEY-GENERAL ― I beg tomove that the last item on the Order― thesecond reading of the Bill intituled, AnOrdinance to amend further the Public Healthand Buildings Ordinance, 1903―be discharged.So many amendments have been proposed tothis Bill that it is better to withdraw it, andbegin again with a fresh draft to be read a firsttime at a later meeting of the Council.

THE COLONIAL SECRETARY seconded,

and the Bill was discharged.

The Adjournment

HIS EXCELLENCY―I would suggest thatwe meet this day week in order to dispose of theminor items on the paper, leaving thesubsequent meeting clear for the Supply Bill, ifthat meets with the approval of members.

No member dissenting HIS EXCELLENCYsaid: The Council will adjourn until this dayweek at 2.30 p.m.

FINANCE COMMITTEE

A meeting of the Finance Committee

followed, the COLONIAL SECRETARYpresiding.

H.E. THE GOVERNOR recommended theCouncil to vote the sums set out below:―

Railway Wagons

$21,213, on account of Kowloon-CantonRailway, Special Expenditure,Wagons.

THE CHAIRMAN said―No provision wasmade in the estimates for the current year inrespect of the wagons, as it was expected thatthey would be paid for in 1920. The finalaccounts were only received recently and thesum asked for is the equivalent in dollars of thebalance due.

Approved.

The Governor's Incidental Expenses

$1,000, in aid of the vote Governor, OtherCharges, Incidental Expenses.

THE CHAIRMAN―The estimate was cutdown from $2,000 to $1,000 which provedinsufficient. The sum of $2,000 is provided fornext year.

Approved.

Path at Hunghom

$2,500, on account of Public Works,Extraordinary, Kowloon,Communications, Roads, Path 10feet wide to the North of HunghomInland Lot No. 257.


THE CHAIRMAN―In connection with therecent extension granted to the Hongkong andWhampoa Dock Co., the Company, under oneof the lease conditions, has to form half of the60 foot road. In order to facilitate theCompany's operations in removing the soilfrom a large portion of the road, it is necessarythat an outlet should be provided over Crownland. This track is to be made of sufficientwidth to allow for a double line of trucks. Thetender for making this track is $2,160 and$2,500 is asked for to cover all possiblecontingencies. I may say that the road tender ofthe Dock Company is considered a veryreasonable one.

HON. MR. BIRD― Is the Dock Companygoing to make use of the road as well?

THE CHAIRMAN―Just for getting out thematerial.

THE DIRECTOR OF PUBLIC WORKS―They cannot get to the sea with their materialunless they go over this piece of land of ours.This track will form a portion of the road ofwhich the Dock Company's road will be acontinuation.

Approved.

Water Works

$10,000, on account of Public Works,Extraordinary, Hongkong. WaterWorks, Reconstruction ofunfiltered water main from Albanyto Elliot Filter Beds.

THE CHAIRMAN―This is required to lay an18-inch main to convey an additional supply ofwater from Albany to Eliot Filter Beds. Thebalance of $80,000 is provided in the estimatesnext year.

Approved.

Gratuity to Inventor

£250, on account of Miscellaneous Services,Gratuity to Mr. S. G. Goard in respectof the use by the ColonialGovernment of his invention ofimprovements relating to Ships'Moorings.

THE CHAIRMAN―This question has beenbefore the Committee before. In return for thisthe Colony will receive the full benefit of Mr.Goard's invention in regard to harbour

moorings.

Approved.

Launch Hire by Prison Department

$2,000, in aid of the vote Prison Department,Other Charges, Incidental Expenses.

THE CHAIRMAN―The launch V.G.I. wassold as she was useless. The sum of $2,000 isfor the hire of the steam launch P.D.I. costing$400 a month, and being used by the PrisonDepartment.

Approved.

Public Works in New Territories

$3,000, in aid of the vote Public Works,Recurrent, New Territories,Buildings, (37) Maintenance ofBuildings.

THE CHAIRMAN―The vote is $15,000. Thereasons for requiring a further $3,000 are thehigh percentage of the contract rate aboveschedule rates and the abnormal amount ofrepairs required in connection with the upkeepof Taipo and Au Tau Police Stations.

Approved.

Sanitary Department Launches and Stores

$6,500, in aid of the following votes:―Sanitary Department, Other Charges:―

Launches, Steam Barges and Lighters:Repairs......................... $4,200.00Stores ........................... 2,300.00

Total ............. $6,500.00

THE CHAIRMAN―In connection with thefirst item: repairs to Sanitary Board steamlaunches and lighters, the Head of the SanitaryDepartment reports that the shortage in this voteis due to the necessity for quarterly overhauling.Prior to the sinking of S.D. 1 in July, 1920, thiswas done only at intervals of six months. Thecost of maintenance is larger owing to theirlength of service. The number of defects foundis constantly increasing. In regard to the newboiler of S.D. 1 the increased cost of skilledlabour contributed towards the deficiency. Asregards stores, the shortage of the vote is due tothe quarterly overhaul.

Approved.


A Railway Vote

$475, on account of Kowloon-CantonRailway, Special Expenditure, SwitchBoard, Lighting, etc.

THE CHAIRMAN ― A telephone cable isbeing laid to Hunghom and the manager of theRailway recommends that the exchange at thelocomotive shed be abolished and the store andquarters be connected direct with the exchangeat Kowloon. He has gone into the cost and theDirector of Public Works agrees that theproposal is a good one. $300 is included for alarger switchboard. At the same time, herecommends the laying of underground cable tothe standards in Kowloon Station yard. Thewire is in a very bad condition. The cost of thatis $175, making up the estimate of $475.

Approved.

P.W.D. Transport and Travelling Expenses

$3,500, in aid of the vote Public Works,Establishment, Other Charges,Transport and Travelling Expenses.

THE CHAIRMAN―This sum is $1,160 lessthan the average expenditure of the last threeyears. In addition to this, charges for motor cars,hitherto paid by various votes, are now beingcharged to this one vote and there isconsiderable departmental extension.

Approved.

A Typewriter

$270, in aid of the vote Public Works,Establishment. Special Expenditure,Typewriter.

.

THE CHAIRMAN ― A typewriter isurgently required for the Land Survey Office.

.

Approved.

Drawing Materials

$3,500, in aid of the vote Public Works,Establishment, Other Charges,Drawing Materials and MountingPlans.

.

THE CHAIRMAN ― This vote is $2,500,but some print linen to the value of $2,280 didnot arrive in time to be paid for last year. Therehas been also an increase of staff in the Surveyand Architectural Offices.

Approved.

New Buoys

$1,430, in aid of the vote HarbourDepartment, A. ― Harbour Office,Other Charges, Purchase of buoysand Moorings.

THE CHAIRMAN ― This is required tocomplete the purchase of six new buoys andmoorings. The estimate was $89,000 but theentire cost is $90,430; the buoys include two Aclass and four B class.

Approved.

Medical Department

$5,120, in aid of the following votes:―Medical Department, Other Charges:―

Lunatic Asylum:―Provisions, etc. ................. $1,500.00

Victoria Hospital:―Fuel and Light .................. 600.00Provisions, etc. ................. 1,000.00

Government Laboratory:―Apparatus, etc. ................. 2,000.00Books and Journals .......... 20.00

.

Total.................... $5,120.00.

.

THE CHAIRMAN―This is due, as to theLunatic Asylum, to a large increase of patientsand the high cost of provisions; VictoriaHospital: the increased cost of milk and extrasand installation of geysers. At the GovernmentLaboratories the cost of apparatus wasconsiderably more. The catalogues from whichthe estimates were made out were found to beout-of-date.

.

Approved..

Railway Bridge at Samchun.

$900, in aid of the vote Kowloon-CantonRailway, Special Expenditure, Bridge No. 37.

.

THE CHAIRMAN ― In connection withwidening Bridge 37, near Shumchun, tofacilitate shunting operations timbering wasfound necessary.

.

Approved.


New Site for Queen's College

$160,000, in aid of the vote Public Works,Extraordinary, Hongkong, PublicHealth and Buildings Ordinance1903, (36) Compensation andResumptions.

THE CHAIRMAN ― This item is for thepurchase of Inland Lot 358, Caroline Hill―thesite of the future Queen's College.

Approved.

Maintenance of Gardens and Grounds

$500, in aid of the vote Botanical andForestry Department, Other Charges,Maintenance of Gardens andGrounds.

THE CHAIRMAN―The vote maintenance ofgardens and grounds has been nearly exhausted.A supplementary vote of $500 is required forthe remaining two months of the year. It ispartly due to the relaying of the tennis court atthe Government Quarters at Taipo, $250, alsoturf laying, and removing black soil anddisintegrated granite at Government House.

Approved.

Electric Fans and Light for C.S.O.

$120 in aid of the vote Colonial Secretary'sDepartment and Legislature, OtherCharges, Electric Fans and Light.

THE CHAIRMAN―The amount voted wasfound insufficient by the sum now asked for.

Approved.

Miscellaneous Works in New Territories

$9,000, in aid of the vote Public Works,Extraordinary, New Territories,Miscellaneous, (86) MiscellaneousWorks.

THE CHAIRMAN―This vote has alreadybeen before members. The vote was $14,000and the real reason that made the expenditureconsiderably higher than the vote was theHongkong Harbour approach lights $10,853.Then there are red warning signs $240, smallworks connected with the D.O. South $230, fire

alarms Laichikok $550; motor garage, Taipo(this is for the ambulance that has gone out tothe New Territory) $1,500; approach roadSheungshui police station $400; fans, warder'squarters, Laichikok $700; removing and re-erecting boat house $260. There is an allowancefor contingencies and small unapproved itemsamounting to $4,087. If hon. members wish thatcan be cut down and a further vote broughtforward later.

THE CHAIRMAN suggested a reduction by$3,000 and this was agreed to.

Typhoon and Rainstorm Damage

$11,500, in aid of the following votes:―Public Works, Recurrent:―

Kowloon, Miscellaneous:―(34) Typhoon and

Rainstorm Damages ........ $ 8,500New Territories,Miscellaneous:―

(45) Typhoon andRainstorm Damages ........ 3,000

Total.................. $11,500

THE CHAIRMAN―The vote is $10,000 andthe expenditure up to 29th July, which hadalready been before the Council, was $7,980.65.Since then the estimated cost of further damageincurred is $18,500 or $8,500 more than theestimate. On Public Works Recurrent, NewTerritories, the vote is $15,000 and theexpenditure to 29th July is $7,573. Theestimated cost of further damage is $18,000.

Approved.

Development in New Kowloon

$50,000, in aid of the vote Public Works,Extraordinary, New Territories,Communications, Roads, 77 (f)General Works.

THE CHAIRMAN―This sum of $50,000 isarrived at as follows: The Department of PublicWorks forwarded for approval an additionalp r o g r a m m e o f r o a d w o r k


amounting to $30,550. The estimatedexpenditure under the programme now sub-mitted is $38,790―kerbing, and channellingnumbers of streets in New Kowloon. mostlyKowloon City and some in Samshuipo; alsoscavenging lanes and slab pavings to footwaysmake up a total of $70,000. A supplementalvote of $50,000 is required. The whole of this iscaused by the rapid development of Samshuipoand a portion of Kowloon City Reclamation.

HON. MR. BIRD ― Is that work done bycontract or measured up and paid for byschedule rate?

THE DIRECTOR OF PUBLIC WORKS―Byschedule rate. The slabs are supplied from ourown quarries. The amount of it is owing to thevery abnormal amount of building. It is a votethat keeps up with the building.

HON. MR. BIRD ― I presume all themeasuring is checked by Europeans?

THE DIRECTOR OF PUBLIC WORKS―Itis checked two ways; not only checked off theplans but gone over by European overseers.

Approved.

A Motor Truck for Opium Conveyance

$2,145, on account of Imports and ExportsDepartment, Special Expenditure,One Motor Truck.

THE CHAIRMAN―This is required by theImports and Exports Department to conveyopium from the factory to the office. Thechassis cost $1,700 and the body was built bythe Railway Department. It saves time, and theuse of a launch.

Approved.

Artificial Legs

$760, on account of Kowloon-CantonRailway, Special Expenditure,Artificial Legs.

THE CHAIRMAN ― The $760 forobtaining the very best artificial legs that can begot. A man lost both his legs on the railway andthe legs he got were very unsatisfactory andgave him a lot of pain. We decided to get thebest; I believe they are entirely satisfactory;

very light and very strong.

Approved.

A Hulk at Deep Bay

$10,000, on account of Police and FireBrigade, A. ― Police, SpecialExpenditure, One Hulk.

THE CHAIRMAN―This matter has beenconsidered by the Finance Committee. It is forthe establishment of a hulk at Deep Bay insteadof a land police station.

Approved.

A Patrol Path in the New Territories

$3,000, on account of Public Works,Extraordinary, New Territories,Communications, Patrol Path ―

Sheung Shui to Ta Ku Ling.

THE CHAIRMAN―This path was in theestimates for 1919 and again in 1920 butdifficulties occurred as to an actual site. It hasnow been decided to make the path fromSheung Shui to the frontier at Ta Ku Ling. It isa 3 ft. path.

Approved.

Miscellaneous Public Works

$10,000, in aid of the vote Public Works,Extraordinary, Miscellaneous, (35)Miscellaneous Works.

THE CHAIRMAN―I circulated this vote tothe Finance Committee. The proposal is to takea vote of $10,000 to cover all the expenditure ofa number of small sums for miscellaneousworks up to the end of the year. By the time theproposal was circulated, the vote was exceededby nearly $1,000. Since then one of themembers of the Committee expressed the viewthat they would like to know what all the itemswere. Up to now the items amount to $1,883;they include: converting a latrine at the HarbourOffice, a safe and stand for the D.P.W's. officein which to keep valuable documents, ceilingfans at warder's messroom, Victoria Gaol,alterations at the Armoury for the security ofthe arms. If members would like to reduce thisvote, it could be cut down to $5,000 and I couldcirculate votes required from time to time.


HON. MR. HOLYOAK―How much will theunused balance be?

THE CHAIRMAN―Just over $7,000. Cut itdown to $5,000; that may cover every thing.

The vote was reduced to $5,000 andapproved.

Harbour Improvements

$2,500, on account of Public Works,Extraordinary, HarbourImprovements.

THE CHAIRMAN ― This is required inconnection with the investigation now beingmade with a view to the report of Sir MauriceFitzmaurice. The engineers were engaged ontaking soundings and doing other work in theharbour requiring the following:―Rowing boat,sounding wire, anchor rod, tide gauges, buoys,pricking gear, hire of sampans and men andhiring a small junk. $250 is required to coverfurther items. The total only amounts to under$1,000 but various things arise in connectionwith this work and we do not want to delay it atall.

Approved.

Communications forNew Buildings

$13,700, in aid of the vote Public Works,Extraordinary, Hongkong,Communications, (16) Roads: (q)General Works.

THE CHAIRMAN ― This is required inconnection with new buildings, completed ornearing completion. The position of the vote is:$60,000 has been provided in the estimates andthe programme submitted and approved

amounts to that. Now a second programme ofwork is required in connection with newbuildings completed ― kerbing, channelling,relaying kerbing, cement concrete walls, slabpaving, etc., $13,700.

HON. MR. POLLOCK ― The time of theFinance Committee would be saved if a greatmany of these were circulated beforehand.

THE CHAIRMAN ― I was afraid I wascirculating too many things to the FinanceCommittee. I will have everything over acertain amount circulated.

The vote was approved.

The Quarry Workshop

$6,000, on account of Public Works,Extraordinary, Hongkong,Miscellaneous, Additional pavingsheds, and extension of concrete pilemoulding platform at QuarryWorkshop.

THE CHAIRMAN―This is in connectionwith the Quarry at Tsat-tsi-mui There is atremendous lot of work going on there. Ifmembers were to pay a visit there they wouldbe much interested to see the work going on.

Approved.

Re-Building Prison Sheds atLai-chi-kok

$6,000, on account of Public Works,Extraordinary, Kowloon, Buildings,Re-building of certain prison shedsat Lai-Chi-Kok.

Approved.

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TH OCTOBER, 1921. HE IS XCELLENCY THE IR REGINALD …

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