20 HONG KONG LEGISLATIVE COUNCIL.

22ND APRIL, 1926.

PRESENT:― made by the Governor in Council since the last meeting of the Council and duly notified in the HIS EXCELLENCY THE GOVERNOR (SIR CECIL Government Gazette. CLEMENTI, K.C.M.G.). Also HIS EXCELLENCY THE GENERAL OFFICER COMMANDING THE TROOPS (MAJOR GENERAL C. C. Report of the Director of the Royal LUARD, C.M.G.). Observatory, Hongkong, for the year 1925. THE COLONIAL SECRETARY (HON. MR. E. R. HALLIFAX, C.M.G., C.B.E.). Quarterly report by the Director of Public THE ATTORNEY-GENERAL (HON. MR. J. H. Works relating to the progress of work on the KEMP, K.C., C.B.E.). new Fire Brigade Station and the new THE COLONIAL TREASURER (HON. MR. C. McI. Saiyingpun School. MESSER, O.B.E.). HON. MR. H. T. CREASY (Director of Public The Fire Brigade Works). HON. MR. BERNARD asked the following HON. MR. E. D. C. WOLFE (Captain questions standing on the agenda in the name of Superintendent of Police). the Hon. Mr. Holyoak:― HON. MR. D. W. TRATMAN (Secretary for Chinese Affairs). 1.―What steps are being taken to improve HON. SIR HENRY POLLOCK, K.C. the Fire Brigade―fire fighting appliances and HON. MR. A. O. LANG. water pressure―in the mains of the Colony? HON. MR. H. W. BIRD. HON. MR. R. H. KOTEWALL, LL.D. 2. ― Will the Government appoint a HON. MR. D. G. M. BERNARD. Committee of Enquiry into these matters? MR. S. B. B. McELDERRY (Clerk of THE COLONIAL SECRETARY replied ― Councils). The Government has decided to appoint a Committee to consider and report on measures ABSENT:― for improving the fire fighting organisation in the Colony. HON. SIR SHOUSON CHOW. New Territory and Food Supplies, &c. New Member HON. MR. BERNARD also asked the Mr. D. G. BERNARD took the customary following questions of which notice had been oath and his seat as representing the Hongkong given by Mr. Holyoak before his departure from General Chamber of Commerce vice Mr. P. H. the Colony on leave:― HOLYOAK. What steps are being taken: Minutes (a) to foster and develop the cultivation of The Minutes of the meeting held on March poultry, vegetables and food supplies in 18th were confirmed. the New Territories?

Papers (b) to assist the cultivation and growth of ginger root and foster the ginger industry THE COLONIAL SECRETARY, by command in the New Territories? of H.E. The Governor, laid upon the table a number of orders and rules which had been HONG KONG LEGISLATIVE COUNCIL. 21

THE COLONIAL SECRETARY replied ― 2.―Will the Government also empower the These are essentially matters for private above Committee to consider and report upon enterprise. The opening of the New Territories the feasibility of inaugurating a new public by Government roads and railways has afforded bathing beach in the neighbourhood of Stanley? facilities of which advantage is being taken. The THE COLONIAL SECRETARY―The reply advice of the Superintendent, Botanical and Forestry Department, and of the Colonial to these questions is not yet ready. Veterinary Surgeon, and the sympathetic HON. SIR HENRY POLLOCK―Arising out assistance of the Government through the of the answer to my questions, Sir, may I ask, as Secretary for Chinese Affairs and the District the bathing season is so near, that expedition be Officers, North and South are always readily used. available. H.E. THE GOVERNOR―I will certainly use Repulse Bay Bathing Beach all the expedition I can.

HON. SIR HENRY POLLOCK, K.C., asked Post Office Law the following questions of which previous notice had been given:― THE ATTORNEY-GENERAL moved the first reading of a Bill intituled, An Ordinance to 1. ― Will the Government appoint a amend the law relating to the Post Office. Committee for the purpose of considering and reporting to this Council on the following He said―This Bill, sir, is so largely a matter questions in connection with Repulse Bay, of detail that I find it difficult to think of namely:― anything which may appropriately and usefully be said at this stage. Perhaps the best that I can (a) The feasibility of providing better do is to give certain examples of the points on bathing accommodation. which this Bill differs from the existing Post (b) The feasibility of enlarging the area of Office Ordinance because the Bill is an attempt the beach which can be bathed from by to improve and bring up-to-date the present law the removal of rocks from the western on the subject. end of the Bay. One way in which it is hoped that the present (c) The provision of the proper sanitary Bill would be found an improvement on the conveniences for those resorting to Repulse Bay. existing ordinance is a negative way―by means of omissions. The present ordinance contains a (d) The regular removal by scavenging number of provisions which do not appear to coolies of rubbish and refuse and tins require any statutory authority. For example, it from the houses and beach. provides that there shall be a General Post (e) The regular inspection by a Sanitary Office, that the Governor may provide district Inspector of the septic tanks and post offices, that the Postamaster General shall drainage and other outlets, for the keep certain accounts, that the Governor may purpose of ensuring that the same are provide postage stamps, that fully paid working effectively and without danger correspondences shall be delivered without to the public health. further fee, and provisions of that kind. It also (f) The cutting and keeping cut, and the contains provisions about the discipline of the removal of all rubbish and refuse and staff, which is sufficiently dealt with in tins from, the long grass and other Government General Orders. Omissions of this undergrowth below the Hotel Garage, class clear away certain matter from the existing and in such other places as are ordinance. recommended by the above Committee. Then, again, attempts have been made in (g) Generally, the making of such several directions to improve the arrangement of recommendations as may tend to the provisions of the Post Office law. For improve the bathing and public health example the power to make regulations is now conditions at Repulse Bay and to check contained wholly in one section―clause 3 of the the breeding of flies and mosquitoes. 22 HONG KONG LEGISLATIVE COUNCIL.

Bill. In the existing ordinance it is scattered damage to any postal packet, whether registered about in four different sections. One section or not." That is the gist of the section. It may gives power to the Governor in Council to fix appear rather harsh and drastic. I may say that it the rates of postage, another section gives the is based on the law of the United Kingdom and Governor power to charge late fees, and so on. on that of the Straits Settlements. Though liability will be negatived by the ordinance, yet Another example of improvement of in certain cases and under certain rules arrangement is clause 21 of the Bill which compensation is not denied, and of course every collects together all the points of the ordinance attempt is made by the Post Office to trace any relating to liability for payment of postage. mis-delivery, non-delivery or loss. These provisions are merely intended to protect the Then again, the Bill attempts to improve the community, through the Government, from Post Office law by certain minor detailed excessive claims. I beg to move the first reading additions. For example, section 30 of the present of the Bill. ordinance provides that any person proposing to dispatch a vessel to some port out of the Colony THE COLONIAL SECRETARY seconded, shall give first intimation of the intended and the motion was agreed to. departure to the Postmaster General, in order, of course, that the Postmaster General may arrange Treasury Bills Ordinance to dispatch mails by the vessel. All the section provides is for the "first intimation" to be given; THE ATTORNEY-GENERAL moved the it does not lay any obligation on the shipowner second reading of the Bill intituled, An to notify anybody, and it is impossible for the Ordinance to regulate the issue of Hongkong Postmaster General to enforce a penalty unless Treasury Bills in Hongkong. he is in a position to prove that intimation had been first given to some other person. The bill THE COLONIAL SECRETARY seconded, provides that reasonable notice shall be given to and the second reading was passed. the Postmaster General. That is an example of The Council thereupon resolved itself into improvement by way of addition. Committee to consider the Bill clause by clause. Then, again, take the question of the opening There were no amendments and on the of letters by the Post Office for various reasons. Council resuming the Bill was read a third time At present there is no power, for example, in the and passed into law. Postmaster General to open or return it to the The same procedure was followed in regard sender a letter which has been posted with the to the Bill intituled, An Ordinance to regulate wrong contents. It frequently happens, I am told, the issue of Hongkong Treasury Bills in London. that in the hurry of catching a mail letters are This Bill was also passed into law. posted with the wrong contents or some of the contents omitted. There is no power to open or Adjournment return such a letter without a warrant from the Governor and by the time a warrant can be HIS EXCELLENCY ― The Council will issued the mail may have gone. Omissions of adjourn sine die. that kind are corrected in the Bill.

FINANCE COMMITTEE I might go on for a long time giving instances of points in which the present Bill attempts to A meeting of the Finance Committee was improve the existing law, but really I think that afterwards held, the Colonial Secretary (Hon. they are matters to be brought up, if necessary in Mr. E. R. HALLIFAX, C.M.G.) presiding. Committee.

There is just one point that I may mention in Messages from the Governor regard to clause 7 which provides that "the Three Messages (Nos. 2, 3 and 4) were Government shall not incur any liability by received from H.E. The Governor presenting for reason of the loss, non-delivery, mis-delivery, or the consideration of the delay of any postal packet, or by reason of any HONG KONG LEGISLATIVE COUNCIL. 23

Finance Committee items of supplementary completed in June, but he could not give an expenditure for 1925 and 1926. exact date as regards furniture and fittings. Some would be quite late, but there would be The Messages were printed and gave an nothing to prevent the school being carried on explanation of each item in the list. there after the end of June.

Message No. 2 contained items totalling Kowloon Road Improvement $104,724; Message No. 3 (covering the items of Public Works Expenditure discussed and HON. SIR HENRY POLLOCK referring to a informally approved at the meeting of 8th vote of $22,000 for improvements to the March last) contained 29 items totalling junction of Nathan and Gascoigne Roads, said $1,313,310; and Message No. 4 contained 10 he noticed that the surfacing was to be items totalling $9,813 supplementing 1925 macadam. estimates and 15, totalling $106,571 relating to 1926. THE CHAIRMAN said the method originally suggested would have cost $45,000, and Transport of Government Servants material for surfacing has been altered to macadam as suggested by the honourable HON. MR. BIRD referring to a sum of $12,072 member. to supplement the Estimates of 1925 for transport of Government servants, inquired Missing Coal whether it was not possible for each Department to know, when the yearly estimates were framed, HON. MR. BIRD called attention to the item what members of the Staff were going home in "Adjustment of Coal account" $10,966. the ensuing year. It was explained in the printed memorandum that in June 1925, a large shortage of coal stored THE CHAIRMAN replied that it was at the Government coal yard at Blackhead's impossible to be accurate so far in advance. Point came to light. The shortage amounted to 1,398 4/10 tons of which 480 tons was HON. MR. BIRD―Surely they have to put in confiscated coal, the book value of the application well in advance? remaining 918 4/10 tons being $10,966. This coal had been placed under the supervision of a THE CHAIRMAN said there was often a good private firm, and after full investigation it has deal of uncertainty about leave, and he been decided that no claim against this firm in mentioned that the item covered many new respect of the deficiency could be established. A appointments. new system is now in force, and it is proposed, subject to the approval of the Secretary of State, Saiyingpun School that the above amount be written off.

ON. IR H S HENRY POLLOCK called attention HON. MR. BIRD asked whether the to an Education Department vote for $1,410 for Government carried stocks of coal themselves, "rent of school" and the explanatory note that or was it not the contractors' responsibility? the new Sai Ying Pun School premises were not available at the commencement of the year, and THE CHAIRMAN said the loss was between until they are ready an additional sum of $780 is the delivery and the store. required for the rent of two flats for the Vernacular Middle School. A progress report HON. MR. BIRD―The firm is responsible for relating to the new school laid before the the full amount of coal being delivered. Council said: "The building is now in a fairly advanced state of completion." He wondered THE CHAIRMAN said it had been held that whether the Director of Public Works could give no claim against the firm could be established. the Committee more definite information.

HON. SIR HENRY POLLOCK―I understand, THE DIRECTOR OF PUBLIC WORKS replied that the structural work would be sir, that a better system has now been adopted? 24 HONG KONG LEGISLATIVE COUNCIL.

THE COLONIAL TREASURER―That is so. HON. MR. BIRD asked for a fuller explanation. On what did the contractor base his claim? Kowloon Hospital THE CHAIRMAN―It was 25 per cent. of HON. SIR HENRY POLLOCK called attention anticipated profits. to items in respect of the Kowloon Hospital― $80,000 for buildings and furniture and $16,500 HON. MR. BIRD―That is a very high figure for site. The memorandum explained that the is it not? original estimate of $604,000 in 1922 had necessarily been exceeded for various reasons, THE CHAIRMAN―Yes; we did not allow it. the most important being the decision to lower HON. MR. BIRD ― Then the Note in the the level of the site by 40 fect, thereby Memorandum gives rather a wrong impression. increasing the area available for the purposes of 1 1 What amount was allowed? 2 6 the hospital from2 acres to about4 acres. This decision involved the removal of a large THE DIRECTOR OF PUBLIC WORKS quantity of additional material at a cost of explained that the contracts was $400,000 The approximately $282,000. Certain materials contractors expected to make a profit of $52,000 required for the construction of the Hospital cost and the compensation to be paid to them was 25 more than had been anticipated, and various per cent. of that figure ($13,000), 25 per cent. of improvements in the layout and the fittings also the cost of plant specially purchased ($1,600) added to the cost. The amount spent up to 31st and smaller items for wages, insurance, etc. December, 1925, was $762,676. HON. MR. BIRD―Has this ever come before HON. SIR HENRY POLLOCK asked whether the Finance Committee. the approval of the Finance Committee had been obtained before these big extra expenses were THE CHAIRMAN―No; it was referred to the incurred. Law Officers of the Crown.

THE DIRECTOR OF PUBLIC WORKS ― HON. MR. KOTEWALL expressed the The decisions were made early in 1923. opinion that it was reasonable compensation. THE COLONIAL TREASURER said the THE CHAIRMAN said he thought they were investigated by a Committee at the time. contractors expected to get 10 per cent. profit on their contract and they were being paid one- HON. SIR HENRY POLLOCK ― Whatever quarter of that as compensation. Committee was concerned it is a pretty large No further questions were asked on the items expenditure―nearly three akhs. in the Governor's Messages. New Gaol Scheme―Contractor's Stabling for Mounted Infantry Volunteers Compensation THE CHAIRMAN said there was a further A vote of $15,276 was required in connection matter which H.E. The Governor wished with the cancellation of the foundation contract referred to the Committee―namely provision of for the proposed new gaol at Ngau Shi Wan. proper stabling accommodation for the Mounted The sum was required to meet a claim from Infantry Section of the Volunteer Corps. Ponies the contractors consequent upon the decision to were suffering from the weather and it was suspend the work. This decision was taken in suggested that a matshed should be built for September last at the time when the Estimates them on the old Riding School site near the Polo for 1926 were being framed, but no sum was Grounds. A sum of $2,300, with $250 for extras inserted as the cost of cancellation was not then would be required. The matter would be ascertainable. The claim includes compensation included in the next message but meantime it for loss of contract based on 25 per cent. of was suggested that the work should be put in anticipated profits, and for loss on certain plant hand. specially purchased. The Committee agreed