CO129/58 - Sir Bowring | 1856 [8-10]

20.129

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Co 129

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1856 Val: 5

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to October

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A. 1284 172

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Ch128

Miscellanens.

9213 Long đang

OCT11

1856

ܬܵܐ

Yovernment offices, Victoria Stoug Kory, 12th August, 1857.

2

Copy to B22 of Trade for

conson 23 O-Aste

answered. 9. Ded/88

Fir

When

hen Sir James Stirling last

tirling

visited Stonghong frequent conversations took place on the subject

бра

a

Sailors Stome and the desirablencse

As such an establishment in this

Colony - Tome of the principal Merchants took part in the discussion and a willingness to arrest the Sject was generally expressed. Sin

The Right Honorable

Henry Labouchere, M. 8.,

tc.

Xc.

Sand

N

*;.

}

James Stirling

good

was so good

homire his cooleration and to

collect the needful information

and to cance it to be cons

it to be communicated

ou the

But his removal

removal from

to us

tation us

may

Mobably

bly have

C

3

which

experience has sanctioned for giving them practical efficiency.

..We

rove in the Colony

بار

as

revenue derived from the Shipment of Sailors created by Airmance 6 of 1852 and it's yearly produce has been-

(for the few weeksensing

Furing 1852 after pacing optinance £//3.2. 6

of

20€ trember to 3. Secember, 852)

interfered with his intention.

The increasing Trade and

circumstances which have Cately

brecured in the

called

my

the object.

Colony have again attention specially to

I am desirous of obtaining the most accurate information with respect to the construction and

constitution of such establishments

in

Ingland and the

arrangements

یا رب

1853.

1854

1855

and were ac

These fund

641413.4

"1

92443.4

"

10494118

were according to the

terms of that Ordinance intended to

of

be appropriated as follows: I im

making the Water Police of the Harbour of Hong Kong

a more

numerous and effective body...

:

2. in adding if necessary

to the cetablichment attached to the

Harbour Macters Office: and I in hroviding for the relief of lick

Seamen in such manner as chall

Governor

seem proper to the boowon and Incentive Founcil.

"A portion, small however, has

been appropriated to each of the tirce objects,

objects, but

but a large

still remains.

The briance

mee was

balance

approved

by Ster Majesty as advised by His Grace The Duke of Newcastle in Secratch 1:33 dated 18th betober 1853- but I should remark that the Bood Trade han doubts as to the propriety

7

4

of employing the Fees levied under than that of

it to

arry

other

purpose tha

efficient.

rendering the Starbour Police See enclosure to the Duke of Nerveastles Decratch 1.7 84 8th April 1853.-

a

+

85

But it appears

- portion at least

A

Luc

that

the neramus

of

derived from the shipment Seamen might with great hoprich

propricly

and usefulness be devoted to the

home for their security

expenses of a home and souitat.

Whenever accropriate plans

for the buildings and a scheme for the proper Government of the Institution are prepar

prepared I doubt

not that the Commercial

i

!

Community would readily and liberally contribute to the siject which

would meet with my

Cooreration

heart

I. beg to call your carly attention to the subject which is now

exciting some interest in this

Rumunity.

I have the honor to be,

With the highest reepest

is

burst obedient Frouble Servant..

Merivale. I do not at this moment reme

sehro the parties

Mominent share

This Country of

neupary it cau

who have tatten a

the Establishment in

Sailor's homes. But if

In this minnaticle refere

to the

certained.

840

ве

Braed y

Fraste with

بووری

3761

1853.

13 Ac

Вина

Sir. I Emers

1

NUTE

1856 OCTA

VR

FREllist

Marivule Ball

Answe

скло

бе

B of Frade 37611

Gov.

9213 Honghong

Сильней

28 Pet/st.

156,

49 Nyst

19836

1 Aug 56-1920

Sir

With references

letter

to

срал

of the

29

# March /PCJ

by

I am directed

Seey No Suy Labouchure

to transmit to

to you

the copy ofer Desp the Governor реги

of Hongkong

establishment of

the

subject of providing

a Scitor's Home in that botong

I own to request

that you will lay

}

сл

the Comte.

Sthen Berning

C.

this Despatet before-

the Lords

of

Con

of Pring banner for

Frade and

their Lordships to

-

fasor

No Labou here

with any

observations

entrich

may

tum

to

the subjects

of it

+

Jande

779.

6

L

TE

Gov

9213

BofT 101956 Hory

A B ¢

TRAK! DECR

Jadis 16 FRElliot

Merivale He

25J. Hull

4

Badaboucher 4

M. In

L

Extreds

Thave to achunaliage the

reusch of it

your despetat 8120 of the 1st of slangach

relative to the extettishomech of a Sailors Home in Hang Meng

In Forwarding for you sinformation & guidance

đ

2

Copy of a letter from the Bored of Hall

de e

loving.

Copies of the Rules of some of the Jesenicpal destituting

of this Nature in the

United Hungdon,

to call

e you

Sdhesive

attention to

the objections entertamed

by their Laushift to the

4

appropriation of the Surplus frends Raicest

Under the Adeneme Eb of

Chacoly

1852 to purpose of Chanty,

Open

And to the opinion exproped by then that

the fees levied on the

Shefimuch of Sailers eught at once to be

reduced to the awerach

requisite for the spiel qcerperes contreplabel

bz

the Adenince

Shee

1/29-

rycentive.

124

bawpe 9234

unuvered. 3.0

Sir

9214. Hong đong

EIVED

1856

7

Government offices, Notorie, Arughing, 1th August, 1956.

Erptivin Cooper, R.R., Acting

Surveyor beneral, has intimated his intention of forwarding to you direct certain correspondence that has taken place on the subject

of

some

differences between himuly-

and the Magistrates of Police

This correspondence has been laish by me before the Executive

The Right. Stonnable

Sterry Labouchere, M. S.,

Ac.

He.

He.

E

8

Council, when it was resolved that "neither meccssary nor desirable

it was

"to trouble the Secretary of State" with it.

The questions are altogether of in local character, and such as

you

would naturally expect to be settleń in the Solony

The parties concerned oul, hoid

only

Movisional appointments, the posé of one being likely to be speeding pict by a nomination from Dome, and that of Cartain Towoper himself resumed by M. Cleverly, trobability before your inewer could be reecived.

in all

The Communications which

have been made to the different

parties requiring cack in nio sedmnati "sphere of action to discharge his

Fities will, it is hoped, prevent

prover further inuryance.

minel

Sir,

I regret to think that you have already been bit too much – troubled with the personal dissensions

of the Colonial Functionaries, and feel

that a

these

frequent recurence of references to the Secretory of State would

only encourage the practice and

avate the cril. aggravate

I have the honor to be,

With the highet ruspect,

Air

Your most obedient Furuble Scrant

+

}

-

Sphu Bronn

:

ره

Since writing this despatch

The Communication has recu

recived from the Reting surveyou

General, but it is not of a chinneter

to an

the

& indua au alteration of decision at which I and arrived.

A

a tron Mesome & difficult duely. I am unable to

trace

accy

thing objectionable in Caps. Coupers

9

"mode of fulfitting this Office

- por a

ally

sufficient

defence against his complaints of destruction. And I thank the Governa

was not quistesfied

• in referring the counderation of this representations to the Ep: Cowmail & refusing to send it to the

in thie's Corgubry

Authority to whom it was addressed.

BBW

15 betr

I am inclined to think Capt.

W Ball

Couper started in rather

an are

overbearing

JB5

way.

may

very real : and the

Mr Merciale. See 9234.

I am afraid that you

will have

то

alternative,

Correspondence letteren

must go through this long cor the Cetorical Ses?

the lecting Shoe Weal Gor. I thould be the part of the

happing to prepare in proçes, if I thought

Ma

yany,

the whole.

ake

athecatively persed I am disposed

to think that

Colonial Authorsfies not supportery, they should do,

An active

energetie

officer

per=

formance

the

are

But the difficulties de encountered

Lan been

allegation at p. 19. that the stipendiary

magistrates, who have to exforce the

Janitary Adry adin

ances, are themsch

largely engaged in building transaction,

in

a

Krom matter.

annex tr. draft of a safe ch

which I would suggest.

Hm. On

I think Capt Comper's letters

A

Show some want of indgement & patience

& I concur with for Meworlés despatite with a single slight alterate

M 28 Oct

:

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*

5

4

the Bowring

N7229

M Merivale ore 20/55

W

W Ball 23 Ort.

No Labome here 30

ww

کے

9234

130 bet 156

tha

9214. AK

"Lan to ask. desh. No 129 of

the

12 August Cast in and abrol of the mums. basitting copy.

J

a

correspondence

Schren Capt. Cowper,

10

4th

acting Surveyor find,

and the Clonial Sect which you declined to found

at the request at

The

former gentleman, and

which I have received dira. from beint.

A Capt. avher

will Lan ceased the

сак

Auformance of this

v

temporary Reactions life this desalt nacher you,

!

appears as a rosion for any remarke hom

myself

The teno

this correct is as esas)

His pertinen himself:

and

Sumed

h wawilling & Enter

....--

unncupauly &#LF¢,༠/Åཞེ༠,、ན་

aljert which

Sm

Lav

(with the attice of Path (quail) Convidere?

it inexpedient to

houth me wi

with officially,

Art Dam bund

to say that some parti

of the corespondence,

Sapprehend

L

Whare then eners would the best

W

Z

prosecute

the defect was on th side of those who вид вибродный

11

there bring hs Explanction

Tom grunty,

рини

ls ravis

sezione jeans best the

Exenton 7

кал

لامه feature

highly

important

the

Sanitary atinamer

shine & met with

1

wafferent susigy Ihne

on the part of

charged with Enforcing

it : ) (afl. Cowperi

statement Rionat,

Me

Mat both the acting

simpendiary magisbetes

X

3

of ware e com pénins were ear my interested

Milling penchhions,

I canne!

mon nesre Circumstances for the

public interests: and

+

althryn the absequent appointment of the Fair,

M

with Lawn Dumont

chure to som Extent, the

wild some hic to

nguine four cxyilame.

to party so interest

aught to or enti

Lt.

with the astrinistation

their laws, which it

regrines

mint firmach

to came to to duly

respects. Ʌ

am buld

Bat although you

were not wound to mitsund

make

any

17422lions

(ht. wher

memolic

if so did not concein

In the pursue intench

42

eguiled, for regular

Couse row thelif to formed it officially, and not have it to

reach me an

an

indepen Rute piisats

Communication.

:.

Governory, Idon Bowring,

StongKong.

sogo

Formantest Jex

37R Halkowity 12 Me Merivals 12 MAI Ball

Sec:Labuchere 2

16

WM.

Daked 11 July/56

Давед

:

13

Intend

Sir.

12

4th Aug, 256

Referring to my

Despatch N72 of 10 to

I have the honor to transmit to you, herewith the Queen's Warrant for the apponitment of W. Henry Tudor Davies to be Chief Magistrate for Stong Kong

Launty

!

12150.

Misecuaneous.

dir

9215, trong động

RECEIVERS

OCTII

1836

13

Government Affices, Victoria,

Ang Tous, 7 Fingent, 1850.

have the houn to ackurwledge

the recipt, on the 25 Fuitime, of the following Decratches -

No953 to 64, the last q30F May, 1853.

Letter

ར་

Circular

F

137

if

of

152

te Right Honnable,

I have the hown to be With the highest ruet, Sir,

Your most Obedient Humbilevanz

Hemi Labouchere, M. P.,

Burnin

4.

He.

H.Pickley.

μ

7

ان

+

2.

9216 long đong

14

N131.

11

Miscellanens -

18.6

M.).

dir

Government offices, Victoria,

Arng/Tony, 7 August, 1850.

de compliance with the Polonici

Glonial

Regulations, I have the honor to kimemić

of

transmit

herewith Let's & Members of the The Executive and Legislative Ounciis

N.2.

of Doughtons, for the half year cuding 30th June 1856.

I have the honor to be,

With the highest respect,

سانگ

Your most obedient

Aumôle Servant,

The Berna

The Right Amate Stonorable Derry Labonichere, M. P.

46

А.

*

7. Smith.

Am.013

=

S29248/56

15

•List of Members composing the Excentive Council of toughous for the half year ending

30th June, 1856.

Sate of

Date F

Name

Whether holding any, and what the line or military office.

appointinenć. Consination

Amiralle tient Stonet // Jamury, F. Promou ses, Licući trenuo, Majo unattached,

William Caine.

1844.

The Ionnable Melliam 15 April,

|

Koruns llever, Raqpt. 1854.

Ly

Lucens Mirane and client: Clonel by Beret.

drointention Comiat Scoretary

bola bentay! Seer:

PIBG 28th, 1854.

2006, 1898

ana

Auditor General.

Shithyada Castiel

Victoria, Hong Kong,

6th August, 1856.

Leck of.

Councils.

A

In 9206756

16

List of Member compring the Legislative Council of toughing for the half year ending

tame

Hi Punake zienbiltinci Willon Shine.

The Atmouth Schn

Walter Anime require

The Aruoti Villian

Fromas Mercer dequire

The Corte Fromm

30th June, 1856.

Sute of

ante f Appointment Compamatira.

Whether holding any, and whet

the Siria Tuition Appointment

2

By Queens burnt, citutieren, was matieri,

daád 7Edune, 1865.

andtúnts Concl & Brevet.

10th June, 2ft lopp 1845. Chip d'ustice, aux Finge

1844.

2theme 1950.

1-Dial in Exama's

sur 1985 467 June 1950

·

3/4 laut, 857.

Peports in Foreruns

Chishtin Anstey, Sequire

des..

dur de 65 365,1853)

A

Encens Warrant of the Tse-Atulait Cant.

1

Cornish Lactan

and Audio Senani.

Attorna Feneral -

The Grouble 2. Sarting Syst By Lucens Mirant rated Equit, Justice of the Place.

(abrent in Eugland)

The Aible I. 7. Edgar, Yeyot

Z

1850.

مو

Justice of the Pence.

Cosho

Faithwada Las

Victorin, Stoughton,

5th August, 1858.

thuật h

"Tirk of Councils.

ہیں

Friplic

+

Enese gay long đóng

CR132.

Miscellaneous

ло

No2.

Sir,

12

REG

AVED

OUT:1 1856

17

Goremment Offices, Victorin

Amphony, 75 August, 1850.

In obedience to Her Majestys

Instructions, I have the hown to Kanemit herewith copies of the

the half

for the

Minutes of Preeetings in the recutive and legislative Councils of Houghtony, "half year ending 35 Amne 1855. I have the honor to be, With the highest respect,

Sir,

Your most obedient Stumble Séwant Shu Barinas

The Right Gowouth, Honorable, Herry Labonchere, M. P.

Mr.

Mr.

Put by _ for future reference

pak se viac.

133.

Legislative.

Sir,

I

10 dong trong

EIVED

OCTIL

1836

18

Coocument Affiews, Victoria,

דח

Hong Kong, 7 #August, 1853.

was recently bought to my notice by the Attorney General that there actually cricted Authority for charge of Fees and

Repor

to Omer (Hoods & -Rogers 15-bct/st

~(9562) 20 bet

Copies to Attoing List: Generald Nowryst.

Ansevered.

Nor 166.134

Ferri

us

legal

recovery of coats in Equity Suits before the Supreme Courte of this Colony. bu enquin I found that a Schedule temporarily cauctioned and approved by Sir Genge Bonham The Right Strunable

Henry Labouchere, M. P.,

&c.

tc.

|

!

}

on 235 Lily 1849 was the only

M

authority, whiel the Pegistrar pruned for exercicing the functions of Turing Mactin in Equity.

This Schedule had never been

before the Legislative Council and

was therefore

therefore legally insperative.

Mauity at

my

ry

request

drafted

an Adinance, which was

thoroughly discussed in the

Legislative Council, and passed

that Broly on

the 3/25 Ultims.

Opportunity

was taken

make other provisions as to Lau- practice generally, including the pregulation of Fees to Barristers Solicitors, Franclators, tc., and

17

19

thus Keep pace with the

with the progress of Law Reforms at Arive.

This Enactment was 20

meecirang

жемногу

that have no hesitation

in acking for

حن

your appool and the sanction and confirmation

offer Mort bracions Majesty.

PS.

M.

I have the shown to be, With the highest respect,

din

Your Murat Obedient Jumble Servant

b

Since writing the above despatch_

Mr Rolger has handed in a Protect

20

to the Clerk of Councils which I

celose,

To the former of Mr Rolger's objections I riply that the object of

making costs on Anterbrentry Breadings rayabic at once is to impose a check

and

a very

evident one, on

To the second that Suits

liligation..

Jo

Rowm dues before the Supreme Court. In summary jurisdiction

are

prequent recurence, and if the

·lefendant be not mulead in the Amount of ents (small though " they b) nine tenths of Chinen Rents at least would be paid through the Count into the Treasury, giving cudless and unjustifiable trouble

:

first to the Colonial Treasury and next to the officers of the Court and relieving Crown Euants of an obligation legally impored upon

them.

In fret to withdraw this part of the Inactment, is in Arrytory to make the Supreme Court the Collector of Grown Rents.

Mr Merinale

Pony Fet. to Mafet tand & Pages.

alome

13 Aeta

}.

Copy.

Si

In9218/56

21

Hongking of Congost 1956

I beg to inclose my Protest on the passing of the last Ordnance, requesting

that

you will ask His Excellmay the Governor's Permission to sonond it

to

England with the

Ordinance,

Jam

Sir

Jour most obed Sew!

(Signed, P.F. Edger

L. d'Almada é Castro lag:

Cleck of the Councils

!

2

..

www

J

Copy.)

22

Protest of the Undersigned

3.

on the passing of the Ordivava for Fees And Costs, 31. July 1856.

I object to that part of Section IV which makes the casts of Interlocutory Parccedings payable forthwith instead of abiding

the event of the cause,

I protest against

Section XII which makes

the costs of procedure recoverable but not payable

On

the part of the brown. This I. Consider a

one sided

piece of Legislation which I hurt will be disapproved

}

-

E

t

E

H.

by Her Majesty's Governmeet.

As the elected and inde - -pendent Representative in

the Mercantile

Comcil of Community I do not hesitan

li that the Attorney

say

General's menare of holding this part of the Ordinance

terrorem "

over the more

Opulent Merchants was

unmerited, inasmuch as they are not in the habit

of displaying

ar lik

an obstructive

litigious spirit but on

the Contrary generally give Cordial support to any

1

tw

Measure

s

23

proposed by the

local Government

Mask

er

Under the plausible

of an Ordinance

"for Fees and Costs we

here have a

a da

instument.

dangerous

(Signed) J.F. Eager,

M.L.C.

True Copy

out

Colonial Secut any

11

F

+

CAN

صبح

M

24

Sie P. Rogers 9.562 Home Store (Brdinance)

Gov

Attorney General

and

The Solicitor General

9218

Entered

8th

+ November 1856

W. Mericale

Mr. Ball 3

1

Nod.56

M. Secl Labouchere

Raboucher 4

Anow Noust

10275

Mr Ball

I herhan aphernal) this rifuense присти

instead of writing at once

both forum. hobing the The prints and of com paul conques

Jonan

m

No.133.

27

ни

9.881 Vertongy

I am directed by M.

لا

Seentary Labouchere to request

that you

the

wilt (jointly with

Sol. Gend

3

At Geul lake ander

4

Jeal

Consideration the annexed

Cope

cofe of a Perpatch received from the Governor of Stong

Kong, with the "Ardinance "For Deer and Costs", ended

in it, and the protest-

-

:

HET MICH

:

:

M. Edger, a Maruber

of the degrelation

Council.

2. As the subject

of this Ordinance is one

in =

Shich is of General -portance in many of

the Colonial Posessions

Ster Bier Majesting, to request that

1. What fou

I am

You will,

[ombly, with the Sol Cul

join

ABF. Gul

Favour M. Labouchere

with gone feinion on the

following points.

3. Whether

on

You

+

25

1

approve of clause 4 This Ordinance, and in

particular of the last part

qit, fuoriding

it, providing that costs

& interlocutory procedings

shall in all cases

forthwith paid, and Chall

ni ro

Яго саде

be made to в

abide the event of the

Cause

Dherein such pro =

rending Shall have been

Laken

4. Whether, assering

that the provision of clause

ידי"

12

Giving

costs to the

Crown in certain proceeding

15

Substantially a right

it ought rest in Juches to k

accompanied

by the promision that costs

shall also be recoverable

from the Crown.

And I am directed

до

also to request that you will inform MW. Labouchere

am

ther

reasons

occur

H.M.

to you for withholding Ht day

8 sanction from this Ondinana, or for requiring amendments

to be made

Shave Str. H. M.

2-12-20

Law Officers 10275. Pore Mary

Hie John Bowring.

Enterio

26

2

No: 134

20th November 1856

M. Merivale 25 Nov. 56 M. Ball

MW. Such habenchere. Jah.

have to acknow :

:lider your Bespatiles M. 138

Anand 6 57 of the 74 Hohe last, trans-

Ansied

March 4014

In absegreg

the

opinions insult

the marginal 6k Горисни ик Au 1 Parlt

Hm

inserted-

-mitting, for

Janction

in

Her Majestyy

Ordinance

In aequilations of stone plong

for deer and Cools", together

with a protest against certain

If its froosions & Mr.

Edger

Legislative Councillor

For, dey

2. I thought it

Expedient to refer this

Ordinance

Wer

Un considera.

tion of Str. Rajesty's

Song and Finlan

and how annex

copy of their Report upon

3. Although fully sensible of the Gerural force of the first bejection.

Eahen by them to The

by

Илинов

Provisions of the Ordinana (namely; to the power

Shich it entrusts to

Ihr Rugpilior) I am

reade to believe that

Nov. 1856

7452207

27

there maybe arcumstances

peculiar to the community

which

of Stoupling Drick may

render this expedient.

4.

But the ther

Pigestions Drich they ham

Jahen seem to me

to be

As

of such a nature render it impossible for me to adrive Her Majesty

to conform The Sodinance

5. I am unwilling

with

to advise it's in mediali

disallowance, as by so

It occasion

drning I michel

تی

considerable, althon fo

in convenienc

in

Temporary. to the practitioners The Supreme Court and

to The Public. But I

have to point out to

Jon that it must of

decefsilly to alleviately

recepiting

dis allowed, unless the

causes pointed out are amended (or the first

Nf them, of sest amouded,

not

justified by a farther

report theving its recfsity) P.S.,

I have. Fr

I have who to achnow : : hope the recipes of youn Beep: h 138. of the 13 Augh encloring a letter from Mes Androse. Poncus accompanied Ga Menco by gneself & other documents on the subject of

this Ardware.

134. Eye to five.

Mus Dep 6057

Gov

Copy to Man thept for infr 28 Oct 756

Answered. 2. Jan 757. 2

li

9219 đồng chong

Sn

OCTI 1336

28

Government offices, Petria

Archons, 8 Eluquet, /850.

one of Curtain Courier's letters, to which I have (in despatel 129

ce as likel likel

of /et Bectant made reference

to reach

resex you from Castain Corter dircet, that Gentleman has made

au unconnected and ver

uunceessari remark on the non-

appointment of the Sieutenant Colonn Commanding the Frees

The Right Honorable

Henry Labouchere, M. P.,

He.

7.29

to a sent in the Excentive Conneil.

مية

I would orlain that no officer whether Civil, Naval, on Military das & right of office a claim is a cent in citter Cremail, and that in Colonel Dunlop's exce I did not think it advisable to make the

appointment, principally for

three reasons;

1_ becauce Colonel braham, late frumandant, now at Dome on

the

leave holds a regular Warrant

R

& appointment to the Executive Council, and would be entitled I'conecive, to readmission to the

Council on his return by virtue

that Warrant - Hince I

Ant

:

C

win

cannot consider a vacancy to

crist :-

2. Recent cocrondence with

the officers of the late Ordnance,

now

Wardepartment, of which

Colonel dunlos was

and I believe.

still is, the Head, has made me

doubt considerably whether the Public livvies would be bencfited

by the temporary arrointment of

the present Commandant the Troops.

F

and 3, the whole question of the reconstruction of both Councils is at precent under reference to

Her Majesty's yovernment, and

until a decision be announeed

I

·

a

little

I would much prefer interference with either

pacible

I have the honor to be;

With the highest rust,

Sir

Your most Medient Jumble Servant,

John Barnen

to then

Menial.

Cofeyto

refereme

to War Dess. _ with re-

Letter of the 31 July.

15 Betr

Mm i

20

;

0

Entered

Was Dept 6857? Hong Kong: 30 Governor 9219 -

28 Actr/36

Colonel Mundy

Lei,

1853

MINUTE,

OCTR

M&B

122

MRElliot

22

M&Merivale

HRJ. Ball

Schutter Sure

Copy for sigre

27 22/12 IFP

Ansued 5 Noo/56

No. 134-8 August 756.

With reference

to Mr. Groomes' letter

31

of the 81 Sucky enquiring whether the Officer Commanding the Troops at Hong Hong is exofficie Executive Councillor,

an

I am directed by Mr. Secretary Labouchere to transmit to you for the information of Lord Fannure, the copy of a Despatek: which has been received

месте

from Sir John Bowning

We off. 10043 4. Kong

31

Thong

شه

Extered

commenting upon th carton remarks made

by Captain Comper the

om

appointment

of the Lient: Colonel Commanding the Forces

to

a seat in the

Executive Council.

I

да

J. Fr. E.

Hone

Governor

SirSohn Bowring H.

Swish

31

Wide Dess from

Sir,

B Fan/57 Joy

I have to acknow

2. - ledge the receipt of

Jou I Dears of

1414

Your Despatch, N.o 134.

of the 8: of August last, etating the

reasons which have

induced you

to

abstain from appointing Lientifilonel Dunlop

the Tenior Officer

Commanding the Troops

Į

in Hong Kong, to a

seat in the Executive

Monnal.

Lieutbol Dunlop

hew on his part reported to Lord Panmure, the Secretary of State for

the War Department, that you had not deemed fit to introduce him into the Council; and his Lordship has expresed to me his opinion

that in so distant

and

:

and confessedly weak a Colony

سمه

as

Hong Kong, the Semor Military Officer.

ought always to be

a Member Conncil.

of

the

In accordance

with hood Panmuré

wurls

opinion, I have advised the Qullu to issue to you Additional Instruction

under the Sign

an

Manuel

32

Manual, which I now endose to you, directing that the

Senior Military Officer for the time being in Command of the Troops in Hong Kong shall at

all times be a

Member of the Executive bunal.

The effect of

this Instruction will be that, if,

when it reaches

your

Dated 244 Bestse

:

33

your hands, lients Colonel Dunlop should continue to be the Senior Military Officer,

he will be entitled to a seat in the Council, and will continue to hold that seat until he

is superseded in

the Military Command by Colonel Graham, the return of

0

upon

the latter Officer to

the Colony, or by any

other

!

*

t.

1

¿

34

A

2

other Officer Superior to licut Colonel Dunlop.

Shaveter

لبنت ايت احد

N135.

Miscellaneous.

vide for: 0058/ 56.

Sir,

9220 dòng đóng

CEIVED

C

OCTI

1856

35

Government offices Victorin,

HongKong, 8# Auquet, /850.

"With reference to paragraph 7

Minutes of the second day's

proecedings of the Bowring Page

Commission" transmitted in my

Crit

Despater 12 103 of the 165 June

the honor to forward

I have

are now the honor to

a plan in explanation of the

projecten Bowring Praya, whien

has only this

day

been sent in

The Right Honorable

Deury Labouenire, M. J.,

Ca

tc.

१८.

X.

36

....

from the Jarveyn General's office.

It will I burst, be of

Accistance to Her Majesty's

coronment in forming their

Conclusion

submitter.

upon

the deneme

I have the honor to

With the highest respect,

Your Murst berint

Joumble Cervant

F

Bay.

Mr Mist

The

Cefeuse therefor

Bearing Pray a

cheme

or rathi, the

has fred. the sanction

19the Tranny (3276)

but the

disp. Authouses it has bee deferred until Mr Deuts representation agains

it should arrive

Ще

still expect his

Fee M. Balli

Mercate on

the draft to

the

13/Oct.

In Merivale

ين

Read

Mr. Merivale

This despatel therefore had better await tw. Ball's return; -

sent to him in the Country?

As we are

77

13th Oct.

still waiting for

or be

ur denti representation, this may protably

C

ichide & Pall. When. but we ought ich to wait long.

Dm 013

Ser 10090

7

AN

*

:

İ

!

9 hay lấy 38

9220

Mr Blackwood

Unley M. Dart

nakes out a case For delay in th

mean time the Xespatch

as to the

saya Question Th

go by the Mail

E

2

!

!

39

of the 10th West Forthalle presents his (couple t

letter arrive bent & wicker & infrum

a as

ク Ya

from for Dent pleasin, that M Labouchere in

let me see it ast dispored to postpone

Mee

Mnov

Nov 5

کے

Midecision on

A Raya

lucction kyoud the west

– Mail (off the 10 mist) unless

Some sufficient Elston k

Hated them at once.

Any communication, which

!

Itent

may

Honey Kong Praye 256.

Mr Blackwood

40

for Dent- has been here and pumires to forward with as little delay as posible

ja full statement of

mit & make the

Ich received here mor

Jim?

the grounds on which

tofore the Marine lotholder

Motest again - The

i'

measure affecting

them as inequitatile

the papers

-

Have we a

2

10 Dec 1855

gro

41

Memorial

This oh I thuite be forwarded & throug

Considered before

a final decision is

Liven

It will be well to

вобранит

سه

20 2101

M

get to

all

:

4

:

:

M. Dects repuscatation=

not get a viewed.

13

Act./56.

N136.

Judicial.

Gov 3241

Officers 4055

Copry

to F. O for exifor

14

Sir,

In

9221 trong trang

OCT1

18. 6

42

Government offices, Vietnia Hong Kong, 8th August, 1856.

be acknowledging your Deepatol

155 of 95 May conveying to me

the opinions of Her Majesty's attorne General and Soliciton Seural respecting

the arrest of Captain Nichols and the legality of detaining a prisoner in a convenient place. at the Magistracy until the

signing of Warrant of Committal, I have the

The Right Honnable

Henry Labouchere, M.P.,

:

4.

K.

*.

43

A

hown to report that I caused such : pinion to be communicated by the Colonial Secretary to the Chief Justice

If the

us me

one of

in a letter which forms Enclosures in Stuline's address to

berewith forwarded. From M. Stulme's reply. I

yourself

expected that he was

prepared to

chow in distinct terms either come

misunderstanding on his part of : the question as put to him by me,

or

some misa

misapprehension by

of his opinion.

of the nature of his

Me

The letter however to yourself (forwarded in a letter to the Colonial Secretary dated this

dated this morning)

morning) neither

itself points out, nor enables

enables me

A

way

the Chief

to explain in what Justice desires to put himself

in a proper position with the Law

the Grown!"

Officers of

I need hardly confirm what

must be apparent that tur. Filliers letter was written after my conversation with the Chief Justice, but I must say again that the question on which I cought the

ustice's Opinion was simply Chief Justices

the legality of Mr Nichols' custody the point on which Mr. Keenan's Counsel intimated his intention to nele at the trial, and it was

on learning from the Chief Justice

that he could not consider

:

-Vichols in legal custody that I directed the abandonment of the prosecution against Consul Keenan.

I think Mr Hulme has connected Mr Stillier's two questions together, whereas they

and distinct.

are separate

I consider Mur Hillier's questions

very fairly put, and embodying the

un am

I

frets quite correctly, concions of having put the matter before the Chief Suction in

any from

with which these questions may be considered discupant.

I have the honor to be,

44

With the highest respect, Sir,

Your Most Obedient Stumble Sexomit

John BornnF

L

}

!

F

45

EX

:

Foreign Office with copy of

The Law Officers opinion

www

Mr Merinte

9807

The Right Frith Peurs Laboneline,

Avvamor Sir Hin Bouring

876 Auguil, 1850.

Victoria, Sony Bory,

/ keinure

4156.

Receivel.

Mr.

against Mr Consul Keenan.

of the Prosecution for Resene

bentar opstate in the subject

from the Chip Sustice to the

Ackurwilym Scrater 1.55 and forwarding litter

T

reference to the previou, conespraden, Sunset and from the 7. 8. That Lux Clarendon& Mr Dattes

He had better send this at once,

ва

Are

discupir at this mon

The consent of Mr. Keena

with

which

theekge

This despatch

Connected.

Annex do

Am 013

13 Oct

со

Entire!

سال

Gov 9221 Bokong

в Клипионов вар

14th de5/36

MINUTE WR

1856 OCTR

14

**

Ser

46

Elliot Merivale 14 TI Ball

bouchere

Well

F. Copy. Ericlormes

En

in injinal _ rejecting

They may

With repereure

to my

letter

the 1 May

directed

f

оли

by

Me Sery

Laboneterre to traumeit

to you for

the

the

la retoured, information of

any/56-156

весть

of

letarendon

the copy of

further

copy of a Desp

and evetoures from

the Governor dis

Kory Kony

the

subject of the firescention

for reseve

a

agamist

the American leousal.

:

47

A copy of

the

Alty

oned Solicitor General's

opuiiiisu, referred to

by

Ани

Sir Jose Bowring.

in the Despatch now.

enclosed,

ممله مد

havsmitted for

Lord beterendor's

information.

сватбе

залы

فی

may

Copy.

Sir

Hong Kong, Wednesday,

August 6th 1856.

His Excellency Sir

John Boring, in sub-

- mithing artain questions relative to the Prosecution

for Rescue against. Her Pewan, the American Freeman,

Consul, for the opinion of the Law Officers of

The Right Honorable,

The Secretary of State for the Colonies

2

The frown, having inad-

vertently made it appear

that the opinion &ressed.

by

Ene had been founded

upon

the Statement of -

facts and questions as drawn up by M. Hillier

and contained in his

letter of 22 February (enclosux

-

No 4.) I am under the

to

necessity of calling your

attention to the accom

accompe

- ing correspondence, in order that I

may

stand

in a proper position with the Law Officers of the

3

48

The date

date of

Mnr.

Crown : The

Willie's letter already referred

to, shews that this letter

was not in existence at

the time Fir John Barring

spoke to me on the subject,

which,

as appears by the extract from His Cycellency's Despatch (inclasnie 4'3),

was in January. Indeed Fir John has since assured me

that Mr Hillier's statement

was subsequent to our -

ہے

Conversation. I do not think

that either the Aitorney -Solicitor General will fict

:

4..

disposed to differ with me

in opinion when made

acquainted with the real. question submitted to me. (See enclosure Nr. 2, See also

(See

enclosure N&6.) -

I have sic,

Signed; John Waths Hulme,

This Justice.

True Copy

Colonial Secretary.

>>

Copy.

Fr. 520.

Siv

4.

495

Colonial Secret anys Office, đang trong

Victorias

26th July 1856.

I am directed to

inform you

that in

C.

Febuary last His Excellency The Governor reported to the Secretary of State for the Colonies the final abandon-

ment of the Prosecution of Mr. Consul Kunan for

The Honorable,

The Chich Justice,

Jc...

---

b.

forcible rescue, and at the

sa v r €

1 ime His Excellency

submitted for the consider

ation of the Law Officers

of

the Crown Awo questions,

proposed by Mr Sillico, and made the subject of

consultation

by His

Excellency with yourself -

These

questions were :

First, specially _ whether the

prisoner was in such

lawful custody

as to make

the facts support

indictment for

ort an

or res CA LEI

Secondly, generally -

Whether after the

50%

after the magishaté

has passed judgment, ov

directed a commitment

for hial, it is competent to

him to detain the defendant custody by verbal order,

for

a reasonable time, in

a place us.

-sually devoted to this purpose; until the cluck shall have completed the

written warrant

Her Majesty's Attorney and Solicitor Genual have

replied to the communication

^

made them on the subject

in these words:

"We

!

V

8.

We

have considered

Copy.

beg to report

H

J

1

"the subject and

that we are of opinion that both these questions should

" be answered in the affirmative,

I have &c, (Signed) W. T. Mercer,

Colonial Secretary.

True Copy.

Colonial Secretary.

A

0)

the

Si

51 9

Court Hause, Monday, July 285 1867.

the

I have the house to

acknowledge receipt of your letter of the 26th Inst.

I shall feel obliged

by being furnished with the facts upon which the first question submitted to the Law Officers of the

frown was founded.

To the Honorable,

William J. Morcer, Esquire,

Colonial Scentury

ab

I

J

.....

10.

The

only question put to me by His Excellency the

nor was "Whether the

Governor

Prisoner while on his way

was in legal

T

to the gaol Custody there being

ho

warrant. – to which my

Answer was

❤..

"No.

As to the second

question there could be no

doubt; neither do I thinst

there could be

any

doubt

upon the first question

?

presuming reference to

have been made be my

name in submitting

the matter Home.

I have Fo

52

(Signed) John Walter Huline,

Chief Justice.

Tave Copy.

Colonial Secretary.

3

as put to me

I houble

you

with this application

!

t

53 13

12.

V

Copy.

no532.

1

Si

Colonial Serutors Office,

Victoria, Hong Kong,

28th July 1866.

In accordance with

the request made in your -letter of this date, I have the honor to forward Copy of extact from the Despatch written by His Excellency The Governor to the Secretary, of State, in which the

The Honorable,

The Cbrief Justice.

& c

E

14

reference to your opinion.

is conveyed.

The facts on whick the questions were founded will be found in the - Enclosed copy of letter from Mr. Hillier, which forwarded home by

Lucid

the same despatch.

I have se,

Y

(Signed) WT, Merar.

Colonial Secutary.

True Copy.

Mamous

Colonial Secretary.

15. 54

Extract from Sir John Buvring's Despatch N 25 of 74 Schruary

1856, to The Right Wonorable Henry Labouchere, M.P.

" I was advised by the Acting Attomey General that he was

of opinion the prosecution would fail, and he recommended that: a Nolle prosequi should be~ entered on behalf of the brown, on the ground that: a written warrant for

for the committal of Captain Nichols had not been delivered to the Officer of the Quart, and, during the past month, having had

|

18.

the subject:

communication on the

with Chief Justice Hulme, I

understood from him, that if

the

case were

brought before

him, he should decide that the

prisoner Nichols was not legally

in custody,

and the indictment

for rescue was not

law and he

good

in

Concurred in

the suggestion that to enter

a nolle prosequis would be the most satisfactory arrangement of the matter. I determined to direct a noble prosequis, and of instructed, the Colonial Secretary to intimate this conclusion to Mr. Keenan's Counsel."

True

Tove Extract

55

Colonial Secretary

17.

18.

Copy.

47.

Sir,

19.

56

Chief Magistrate's Office, Victoria, Hongkong,

the 2nd February 1856.

As His Excellency the

lo

Governor has determined tõrepor to the Right Honorable The Secretary of State for the Colonies, the questions suggested in my letter No4 of 17th January last to

your address, I have the honor to Submit these questions on

α

more convenient and formal Shape thare was there possible_

as follows. The Monorable,

W. T. Mercer Esqre Colonial Secretary.

20.

21.

57

At this place the criminals

prison the debtor's prison and the Magistrate's bourt are lögether

Surrounded

in it live

byon

one enclosures having gates which

are

always

shut at night. The criminal prison

has also on two sides a wall of its

orry,

and in the wall another gate opposite to the front of the Court, at twenty four yards distance, and :within the general enclosure.

There

are no cells attached

to the Court for the temporary custody of prisoners. When a ~ defendant has been

Convicted

at the Court he is at once

Conveyed to the criminal prison

and

rwards detained ther

afterwar

by a Magistrate's warrant. The~

ivard S

of the jail.

to jail are in fact used

se as the cells

as

for the same purpose

: usually attached to a police Office,

the buildings having been thus

arranged in proximity to avoid the expense of constructing cells. A short lime

age a

defendant was convicted under a local Ordinance of an aggravated

and on

assault, as

refusing to pay

the fine imposed was sentenced to a month's imprisonment The

Court ucher and jailor of the lenert thereupon conveyed him

without written warrant towards

:

:

22

the

jail gate: but before this was reached the prisoner i

prisoner was rescued.

It is required to know.

First : Specialley whether the prisoner was in such

lawful custody as to make the facts

support an indictment

for

rescue.

Secondly Generally Whether

after the Magistrate

has passed, judgment

directed as.

o or

commitment

for trial, it is

competent to him

23

58

to detain the defendant -

incustody by verbal

a

ble

order, for a reasonab

time, in a place

na

usually devoted

to this purpose,

until the Clerk

shall have completed

the written

Shave to,

C.

warrant.

(Signed) to. Br. Heller

Chi

Magistrale.

(True bapy)

leefgnial Secretary

!

|

24.

J

Copy.

Si

25.

59

Court House, Tuesday July 29th 1856.

I have the honor to

acknowledge the receipt

of your letter of yesterdays date, and to thank His

Excellency the Governor for favoring me with

An extract of his Despatch to the Right Honorable

To the Honorable,

William Thomas Mercer Esquire. Colonial Secutary26.

the Secretary of State for

the Colences conveying my opinion on the subject

of the Prosecution for Rescue against the

American Conqul M. Keman

And also with a

copy of

Mr. Hillier's letter on the

same subject.

I deeply regret to find that His Excellency should quite unintentionally

I feel assured, have placed me in an entirely false position with the Law Officers of the Crown

2

60 27

touching this matter, Mr Hilliers statement being

So utterly at variance with the representation

made to me, Mr Hillius

Statement would make

it appear that the Prisoner was merely being detained

until such time as

a

warrant could be made

out, and that for the purpose of detention the

wad

gaol whither the Prisoner

bung conveyed was, for the reasons specified,

to be considered as part

:

7

G

20.

the Police Court. Upon

of the

such a statement and

without the opportunity

of making further enquiries

it is not

easy

to see how

the Law Officers of the ___

Crown could come to

any

other conclusion than that

at which they anived.

I must of course place Emyself in a hue position with these

Authorities by the next

mail.

Copy,

I have se

Signée, John Walter Halme,

[ his boy met Thief Justice .

Ch.137.

Legislative..

9222 Hong King

€ 0.

OCT11

1856

2 61

Premment offices, Netning

Arng Long, 8 Fluquet, 1805.

Te metored conescondence

iucined

I think it right & law defore

you

Iz has

referenec to

uuse to a stm blaikė

the

by Mo Auster of the

manna in

which information is furnished to one of the Colonial kwepapers for purposes of attack against certain Member of the legislative

The Right Honorable

Henry Labouchere, M. P.,

Fr.

Vr.

Colonial Teentury.

--

Į

י

Chutil.

i

As I cannot but acknowledge to a certain extent the quierauce represented, and the propriety of the representation, I have recoved

to lay the emrespondence in as Confidential form before the

Members of the Council, and should

ncccrcity arise, it will be

나나

duty to make a qurther report of

the result.

I have the hown to be

With the highest respect,

سناک

Your Most Obedient

Humble Servant,

Whutensial

نگ

J

If

The

62

Accompanying Letters from

Chief Justice Aulme and Merkager

on the above cubject have been received this morning - 9th August.

AL

Mr. Merivale

At the Governo declines, without Imperial authority, to throw the Legislative Council open to the Pullic, or accept Mr Anstey's resignation of his

Office The Legislati

The regislative Councillor, there

Q

would be to be nothing for us to do with this Despatch but to ackn

The scelgect of publicity of Albate into these suggestions The advantages of such publicly immunity

queponderate in neg mind

жи

benefit to result

than any benefit

porn my rifum steret diression

P.6-1/2 P.6 - of 2 Acceft 55. desf. This observation of

not

my 4 (3 Revert

and pest it by for

the

present.

11 octo jsb.

octijs6.

lirging

o

The Veera Mate

"Wait for farther

Lapers.

In M Marcas

letter ist in

mentioned that

38 the form

Lathan

ļ

Best the Lepid!

Comil sitting

should be then to the

turthie. I did not.

remember that any then jo

on this subject.

has passed on

The following is the

In 14

the only passage

Dies

am sequainted with in whit the God. Expuses any opinion on point." Though I have not introduc

'andwýjamzje gomojeg " was not noticed

Pu

og

moz iskey) in the S. of S. cups of 299 last July

no poung amyoly my te woon my guy

on the general subject The Constitata alteration in

to of the Ley. Courriel.

-2814-

#

del theran may rung ho y Cmnicy mis up maszy

Lis/ amb

23

է

F.

21

Lesy Konny. 9222. Gov 63

Jst..

betoher. 1856.

...

Mr Labouchere viestrets me

with defer this miniate on

for

a

This subject

that he

that time in the expectation

of reining

Bouring of

OLA

this proceeding

report from Si Joten

to

Extension of the Lyislative Courich,

uite peshably auspatch of 29 Jules

Nie

wher

revise the

the

permitted bey

question of

For John Bousing

throwing

the meeting of

What

Cocail open

to the Publice

Mr Labuchere is inclined to sacation heard,

in the debates

- and inster,

publicity lue do not hear from the Governor

wither a

heard ally

ill resalts acering.

1841.

Goocina - 28° fully 1944

Governa S. of State Gov

reasonable time, that the

S.gs.

leda

this consideration

les Ima

12

21 Jean. /41. 18 apt. 14.

بصورت

seeliject should be brought again

vacation

at theat Ance be about on my I could direct Mr. Merivales attention.

to what took place in the Mauritur, the Levistatiné

good many years

Cocceil

a

Chamber having been then throug

Я некая чист

open,

without so for

64

Copy

hyst, t

65

Attorney Generals Office

Hong Kong flaugust

1556.

I have the honor to

Add dricAS

You

in

my capacity

E

7

Mencly of Legislative Councillor And to inform y for His

Excellency's serious consederation,

which

of the circumstances

make it imperative upon me

to ask leave to retire from

that office, unless the council

/

doors are thrown open to the

public

www

on

the one hand, or

on the other the

Unless, on

Secretary" (late Clute) of the

The Honorable W. T Mercer Esq : Colonial Secretary

F

السلام على احد الامن و ایران و ایران میں عہد بات

Chief Justice is prevented.

from continuing any longer

his

arbled and Menda

gar

cirus reports in the stong

King Register of our

proceedings

debates

and

This is a commu

Community

where

ес

few q

reat houses, grea

styled by the Chief Justice; Secretary in his last number " the Montagues and Capulets, the Colonnas and Perias" of Hongling, Constitute the Mercantile body, and

a

of

gine certain tone to the opinion

the place . My private

practice as

a barrister

>

my very existence as a

66

poor man- depend upon

myself and

d &

Bmy power

3

to

!

defend against the columnion

and malignant the acts and words for which I mean to hold myself responsible.

But there are arts against-

which it is not so easy

tobe

on my guard, and when I find that a onember of

the Council present on Thursday

last and who to judge by

the animus

Af

the

organ hi

has adopted, was not one of

the majority who noted for the 12th Section of Ordinance hr

i

!

67

14 of 1856 / for fees and

has

crots.

interred to take advantage

of my official incapacity to

deng

acts

تو

explain publicly the

and words with which

( See Hongthing Register of Tuesday

کو

1.

August)

I am

by

the

Report of proceedings in

Council furnished to that

paper, openly and by charged, I have a

right to demand from His ballency,

name

whose Councillor I was on that occasion, the means to obtain satisfaction for the past and indemnity for the future. I have the more right

>>>

this

le demand, because (1) it is

not the first by many

instances

of the same kind of which

I have had occasion in

Council and out of Council

to complain and His Excel - lency cannot have forgossen

that when I protested against

the Chef Justices being allowed

for of

to associate the Editor

the

Hong Kong Register (MW. Beran)

to the public Service as Judge's Clerks a protest to

which His Excellency

pleased to assent, – I did i

the express ground of his having libelled and traduced

?

:

|

I

68

і

י

every member of the Legislative Council and Executive Govern -

ment except of course the

-Chief Justice and

M. M. Edger

who always votes with the

latter, I have the more -- right also to make this demand because it will be

clear to any

one who reach

the document of Tuesday - last of which I complain

that either the Chief Justice

Edger must have

Ay

Mr. Edger

given the information.

You Si

are threatened so

is the Leutenant Governor.

The Governor

and

Emyself.

are denounced of the Chief Justice and his supporter

it is merely said that the writer is well assured that

"they did oppose the clause but without support " .

Surely

it will not be difficult

for His Excellency to have the detractor to his first informant.

In the mean time

I hard to ask Hi lo

to bake the

to prevent

a

میر

enly

Excellency

sure the ans

of the

recurrence of.

Cow as dly minepresentation

of his honest and faithful- Advisers to that public whose

interests they have

have at least as

much at heart as M. Hulme

and Mr Edger have . Deshoy

the monopoly of the Hong- Rong Register by throwing

ان یکی en

open our debates li all the

world, that all may hear what really docs pass within the Council. It was

hoped that the mere separation of M. Beran from the public service would have

had that effect.

Vain hope!

1)

the

respectable

No sooner was

Editor revered

from the

acognised post of paid Fudge's Clerk, than the

69

Chief Justice intimated to the astonished profession

that he should retain him

near his person at his own

expense, and in the capacity

of Secretary","

Arr

office.

known to the law, A.

Any

rate he is still near the

person of

the Chief Justice.

And the Hong Kong Register Continues to furnish its exclusive [i] reports of debates

And proceedings in the Leg- -islative Council to the public. I know not whether

the fact I am

going to man

tion is to be traced to the

ke

}

!

10.108

efect produced by the public_ -ation of which I Complain

in

lvav

particulur and which

dly addressed to

the one object of waiting the

richer mercantile houses

here to immediate and

Combined action against

me.

-

But it is a singular Coinci - -dence, at least, that on the

very day when I was told.

of the appearance of the

report in the ston

ig kong

Register, a letter from

the attorney to the Acting

ate was put

chief Magistrate

into &

Dry

hands, in which

J

1J

70

he (MW) Lawsons) informed

my alterncy that her listic (of Dent & Co.) had written to press him to fix

2

an carly

day for the trial of the action of Mitchell as Anstey, that hef Mr Leslie / might come

and

give his evidence

against the on

a

•casion;

the occas

the envore curious

fact

lack the

that

since I know the other

had

side previously complained

Much of his ( Mr. Leslie's hesitation or unwilling res

in the matter.

Amind you

f

I need nit

here that

Mr. Mitchell before his

گئی

unfortunate appointment

to the Police Cont

al

ca

himself an Editor of the

Hong Kong Algister, and

thather's suspected of still

Communicating prom time to time his apsistance to

that print.

If his Excellency is

unable to cause such and

enquiry

to be instituted as

I have asked, and li admit

the public in future to the debates of the Council, fa point often pressed by but in wain, ) I have only to tender my resignation,

Fre

71

from & after the Conclusion of the business now before

the Council (Shipping of

Seamen Ordinance

Ordinance and

Law

of Evidence Ordinance)

of my

seat in that body.

If this Excellency's decision is taken before the departure.

of the present Mail, I shall

fest grateful to him if a feel

:

copy of this letter is forwarded to the Secretary of State ; to

whom should that be

hecessary, I am desirous intimate my convicty to be relieved from the duties

of Legislative Councilter,

1

1

:

1¦T

t

72

as I have now done to

youwelf.

I have the honor,

ul er na polch to 2goussh 199

ni moveonga le

vigs or aMVISNI

༠༠༡༢༠)

14

so of 1 możanetosa Isyal advo

TS

(Signed) S. Chisholin Anstey, Mooney General,

True Copy

Almon Conial Secretary

րէն

A

The Editor of the "HONGKONG REGISTER."

HONGKONG, 4th August, 1856.

BIR, Ordinance No. 14 of 1856 entitled an "Ordin- ance for Fees and Costs" merits, as I shall endeavour to show you, more than a passing notice, and if my remarks be made in the main more upon the spirit which framed it than upon the letter of the law, it is because, not belong- ing to the legal profession, I do not presume to enter upon details affecting that calling specially, and because, in this instance, I feel certain that public opinion in cor- dially welcoming some ingredient of cheapness imported into our legal proceedings will yet keenly scrutinise the animus under which such is introduced.

I cannot however help remarking that clause VIII seems to my mind to legislate for an imaginary opposition an- ticipated by the framer of the law, and for which it would have been time enough to provide upon the first appear- ance of symptoms of resistance on the part of the Bar; nor do the Attorneys seem to me likely to benefit by the ex- ception thus formed in their favor, as I much doubt, whether in the case of the other Counsel refusing to accept the fees of the second Schedule of this Ordinance, the framer of that law would decline to take himself those fees which he considers ample for others. If other Counsel therefore are obstinate and strongheaded, we have still, thanks to the Attorney General, one reason-

able member of the Bar to whom in our distress we can apply. If the non-official Triumvirate of the Hongkong bar be refractory, the Dictator is at hand, the theory of the Senate it is for him to prove in practice, and Rome will be saved by the timely intervention of its own Censor. But if you look to clause XII you will find it thus- "costs of procedure shall be recoverable by or on behalf of the crown upon every judgment or decree at Law, in equity, or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any real or personal estate or any forfeiture or money Penalty shall have been adjudged to belong or awarded to the Crown."

To this date it has been held at Hongkong, as at home and elsewhere, that, as on the one band the Crown docs not pay costs, so on the other as the "Trustee for the Public," as the guardian of its Rights and the vindicator of its claims, it is beneath the dignity of the Crown to re- cover costs. Its position thus established is truly one of dignity; represented by Patriotic administrators, in the few cases where the Crown may infringe upon private rights, it is enough that without recovery of costs even-handed Justice dispensed by the Crown's own servants should restore to the injured individual his due; and in the many cases where the Crown in the prosecution of its duty enforces the Public law against the private offender, it is sufficient that the punishment should be administer- ed, and the Crown remain screened from the possible charge of having for its pecuniary advantage acted in retributive justice upon the subject.

But, Sir, it has remained for this " petty colony," it was fated for "these remotest regions in which British autho- rity is established to controvert this long recognised order of things; it has been reserved for Ruling Antho- + Ethereal rities who hold the Crown to be but an Essence," here to dissipate in legal proceedings its much revered dignity; and to transform an arbiter formerly pecuniarily uninterested, into a prosecutor on whose suc- cess will depend in some degree its monied prosperity ; in fact to come to an arrangement which might, as an an- ti-climax, be aptly described by the not very liberal offer

Iose." to of "Heads I win-tails you

But it is not even to this change in itself that I espe- cially refer, it is to the motive actuating the framer of this clause that I would above all call your attention, and what will be your feelings and those of the public when I tell you, sir, that by the Attorney General's own avowal this clause was inserted by him with the special object, that as several of the Mercantile houses in this colony are richer than the Government itself, and have it in their power, if desirous of doing so, to litigate with it to an extent which would be ruinous to that Govern- ment, this clause should be held in terrorem" over the heads of these Merchants!!

It is difficult Sir, to know from what side first to re- view this monstrous declaration; whether to be more astounded at the hazardous daring and incorrectness of the imputation thus cast upon these merchants' line of proceeding; to be more aghast, (supposing that imput- ation were just and true) at the "terrorism" intended to the thrown with the fatal influence of a pall over the heads of those of the mercantile and general community less wealthy, less influential, and its must be inferred con- sequently regarded as less dangerous; or to be more in- dignant, and at the same time grieved, that the Legislative Council of this Colony composed with one exception of men who have all passed a decade of years, or very nearly a decade, in connection with this Colony should not simultaneously with the expression of the opinion have protested against its unfoundedness and its impro- priety, and have rejected forthwith its consequence,

In our Governor's line of action, in sorrow not in anger be it spoken, none of this community place much trust or confidence, but from our Lieut. Governor and from our Colonial Secretary the community does look for a repudiation of any share in such sentiments, and for an independent line of action, when for a malicious object, such threats are suspended over the heads of our Colonists; and let me warn those gentlemen that with these expectations abroad as to their course in the Council of the Colony, any participation in such unpre- cedented legislation will speedily place them in public opinion in the forces of those in whose ranks they them- selves would not wish to be enrolled. We may be well sure, Sir, that our respected Chief Justice and our own chosen representative did oppose this clause, not less be- fore the expression of its hidden meaning than after its promulgation, but without support, without the assistance of a second representative of the Public whose appoint- ment becomes under present circumstances actually imperative upon the Government, the responsibility would not even be thrown upon the Governor of having, by his casting vote, to thus at the same time lower the diginity of the Crown in its legal proceedings, and sanc- tion the unjust status established with reference to this community.

I

To this Mercantile Community generally therefore, to its Montagues and Capulets, its Colonnas and its Orsini, say this is no time for divided counsels, nor the per- iod for inaction. The sword of Damocles hangs sus- pended by a thread over your heads; your freedom of action is impeded, and the "Reign of terror" has begun. Shall such an attack upon your freedom of position, shall this threatened "terrorism" be passed unnoticed, or shall the same interests and rights at stake find a unanimity of feeling and unity of action ready to preserve them inviol- ate, and failing the power to obtain the proper redress at the hands of your Colonial Authorities, prepared to appeal to a higher Tribunal in your native country.—I remain, your obedient servant.

VINDICATOR.

:

:

F

*

I

::

(Copy)

N564.

Grotenial Decretary Office, Nectivas, Mongking,

8th August, 1856.

Siv,

73

I have laid, your

communication datid yesterday

before the Governor.

His Excellency has oftère

had

Cause

to regret the

unwarrantable

license in which the Press of the

holony

is too apt to indulge

it's attacks upor public

The Menciable

V. 4o. Ausley, Agre

in

Ae,

te,

fe,

i

E

18.

Junctionaries, but thinks it = best =

not to exhibit that extreme.

– nor la seek those

susceptibility-

means of suppression,- whose

exercise ( for giving importance and

circulation to calumny) would,

probably forward the very objects.

of the calunniators ._ In the article of evnich you now complain -" a reign of terror" is represented

as existing in this Colony under the presents Government, and Sir John Bowring conceives there,

be

be m

appropriate

mo anoic a

answer than to leave wholly unnoticed, accusations which

evere

they not ridiculous would

XX

be

outrageous.

74

As regards the particulars

charge that the so

sear

Secrecy and

shalive, discussions

confidence of Legisla. are violateds by commone

wunications

to a newspapers (however

indirectly anade) for pimposes personal and vituperative, It is Excellency has assuredly formed

ar

opinion

as to the

impropriety and indelicacy of such communications-but- under the existing constitution of the legislative Council Sir Johre Bowring does not see any becoming mean

means afrectress. That proposed by your as6

20.

الو

as guarantees for the future, namely - the opening to the

public of the discussions of the Legislative Council is now under references to the Secretary of

State, and has been advocated by the Governor

Governor in his

in his Officials Despatches. A new characters

would be obviously given to the procudings of the Legislative

were

the public admitted, and

lopies and the

both the topics

manner

of debates must be the subjects of regulations which probably

"might require the sanction of

the seeprevnes Authority

Asregards your with to

...

be relieved from the duties of Legislative Councillors, Wis Creellney is not willing to

witte

dispenses eve

21

75

your services, which he believes in the Council

haves biens of imminent value.

A copy of yours letters

and of this reply will be sent to the Secretary of Mater

Mate and will be confidentially conveyed to the members of the Agislation.

thediy Councils.

Shave, Ac

(Signed) W. F. Onercer Colonial Secretary.

True Copy)

"Alumm-

lotinials Searctary.

live

!

:

22.

3

(

(Copy)

Siv

13.

76

Attorney General's Office,

Hong Kong, & August, 1886.

Shave the honor tã

acknowledge, yours of this date

and to express my entirentalisfaction with the course formposed by Mis

Excellency

to be taken in the matter

of my complaint to which it

refers, as we

as well as any personal acknowledgments of the sense exxpressed lowards myself of the character of the outrage &

The Monorable

18. Tercer, Esq., Colonial Secretary

cornmitte

PLL'I

:

4.

I have ten

(Signed) D.lphisholm Anstey,

Attorney General

Shave Copy)

Colonial

Puntary

Copy.

Liv

Corre

In9222/56

77

-Mengking Friday August: 225 4886.

Having reads

reads the

spondences belivers the

Attorney General

nerals and yourself

confidentially lone and

com

(

cricated

finding it to dr the intention of this, Exoittency the Governor to

fonwards the sames to the Right Sonerable, the Sanitary

Secretar

of States for the Colonies. I have to request that it may

The Honorable

The Colonial Secretary

not go unaccompanied with

(

this

!!!!!

ress and witter

express

disavocial and denial of all

that is therein contained

regarding myself.

Shaverte,

Meetme

(Signed) John Walter Hulme

Chief Justion

True Copy)

Colonial Secretary.

{

4

Copy.

Ser

Hongkong & August 1886.

78

Haming justo peruseds the

Copy of Correspondences which has lality passed between this Attorney General and the Colonial Secretary on the

of the

Subject of a Letter which appeared in the last numbers

the Hongkong Registers, I deems it propers at once to state for the informations of His Excellency the Gounor

The Moncrable

M. J. Vrencer Esgres Golenial Secretary

'가

through his medium

And throw

for

this information of Mer Majesty's Secretary of Statis

for the Colonies, that if the charge of communica

unicating

procedings in Council to

a

azv

Editor of a Newspapers deneatly

or

indirectly be levelled at

the Chief Sustion it is hvarily

believer unjust,

unjust, and particularly

so in the instance in question,

as Sevill

teavour to shew.

Sevill, endeavour

On the passing of. Ordinances, I as the Representative,

- elected by the Community Sometimes asted byang

ar

constituent's what arguments

1

were adduced in Council for

ban

79

or

against an Ordinance and His Excellency the Governor bring

ans advocate for publicity, I haves not hesitated to give explanates

on such occasions. It was probably owing to this that the

Letter of which this Attorney General complains appeared, in the Mongkong Register . That litter I beg to add was not written

оне

be

hey

I believe that His Excellency

or is under the

the Gourner.

neous impression

impression that the

(phief dustice and Sare intimate frinds . So far from

J

DAY BAS

:

;

such being the case I beg to say that from the time of his last

relioure

low

after

from Englands.

untit

he was accused of being intoxicated, at the table of His Excellency in May last

I had never been in his house

now he in mine, and I have.

de no corremunication

had on

with him since the last

Ordinances was

spassed...

I have te

сов

(Signed) I. F. Edger

J

True Copy

M

Colonial Secretary

185.

908, trong tương.

Schedule of Despatcher 2018

STERED

80

offenuded by the borerun of Aonghong to the Secretary of State for the loved by the wail Steamer "Singapore"

Jeep.

No of Date of

Deep. 1856.

via

1856

Southampton on the 10th August 1853.

Subject & dispaten.

Juplicates.

101. # June Purcisine iones condence with 17 Edger on the subject of the

difference between the Chiep Austice and the Attorney toniral

7

laptented 14th Further Communication ra the

7

102

K

کو کھو

General

subject of the Adicisi Sommicios

appointed in Meirion and deccrubs 1855.

!

Yo q mer.

1.

Steporting Puttie sale of Farin Lots in the vicinių of Preporium, 4

103.13 Fowarding cippendices to the Report of the Pooring Raya Trumcicio nome

104 3th Juk Nekuoriaging receipt focerat les 4.150 of 2D they, & vacions lieuías none

105! 4thbmitting for confirmation Adinance. 19/17/850 for lighting

کو

4

[い]

Alt of Victoria"

ל <

مارات

G Jap.

oate a

Subject Adeepatch

106. 4th July Jubuitting for confimation Abinance P/2 of 1853 "to requinte

Elinca Barills and to herent certain unisances within

ciríam the Sion of my sons"!

107

108

109

110

ギの

#

Paplying to Despater 145 of 128 cpuil on the clubject of 1113 Bridges' suggections for the suppression of Piracy in the Chinencént

bucións Application from the Polonial Surgeon for iverance of finry.

Pelative to the coindication of the ship "Livant"

das

.j

-Akuroriaguins Despater 140 of 200 tharch, and exciting from Surgeons Artificat on the subject of 11: Selbys death.

rie eur.

111. 7th intructing for confirmation Adinance 12/13.5/350" for the Admission of lindicates to the Poles opinctitioners in the Supreme Court, aux

112.

#

#1

the truation of Souls!

مرہو

Peporting recurrence of Concul Keenan's denial of the jurisdiction

of the Colonial Courts over Offences trumitted in Bad American

Kesels in the Starbour.

Bat F disp.

Jubici Fouratch

115. 87 Aile Reporting Finni Settlement of the "Lerant" Exce" .

81

1.

2114

114.

In the cubject of 11: Muiterend trial for Misdemeanor

4

#

-

115 qt Forwarding copy of ran Accy's decrated disallowing Shinance

410 R/825.

Originals.

121. 28t hy on the subject of loric Minigration from Exina, - in reference

to the Communication prom on booge Bonham.

122.

%.

7231

124

204 replanators of bilinance 137 1950 in sexy to deraili

کسی کو

#

کہ کسر

|

17.

4752 & 34. Jun. lace.

7

Partying # Durated 1933 of C38 May, on tu Jugieć op 102 Trotters

Rusion.

ivslication on a retiring Busin

1.

Phone

lithe

Crafter's

1.

«Villiam

verlying to Decratch 461 of 18th May recrecting the this "hesis and Mantía" subjectá to a pensity at Melbourne for carrying

AL DYSCAL

Passengers.

V

!

!

but

é'uijecé &D csputés

Date f

msi.

Besh.

Desp

subject of despatch

82

Fiel.

125. of my Incloring Saturn a Lanix Lease sale on the 2/40 bin, and

disputed ist of ground purchased of Mr. Sasper 1.

128

remarking on a

132. 75 August | Transmitting Minutes of the Executive and squiative Somers

for the halt year ending 30th June, 1855.

30th the suject of relief to unstrerend Britich Juifels, act samen... com 133

ust

127

Pierecting 127 Eûtchers Ausliention to be allowed to fill in and

134 82

8:

کر

reuns beyond the boundaring of his earine Lot.

ہو

Submitting for contruction Aduance 17.4. 7/955 to fees this | 2

! with s extra lories 7 rdinan

Koni

Platie & Sartain Towners recuente on the absence of Liewe

Soul Bunion from the Excentive Corneil.

remarks

fient:

W the

1

1.

128 14 augt on the subject of moriting for a savors Bone at Augtong- how 135

129

#

130

131.

Regardins Captain Propers intention of commumeating airect with the secretary of State, on the inject of certain aifferences between himself and the Police Magistrates. how

Actuorkaging reccipé Ficspateĉes to #34.7 30% Muny, and

two Circulars.

Fransmitting victs of members of the scentive and reficiation Council; for the half year cuting 30th June, 1856.

#

#

in continuation of dur 8,03. G. 35 dine, with Plan Touring Rays.

of the

1.

136

soy 137.

#

subject

Showdaging Sikatel 255 of of hay and forwarding letter from the Chief Oustice to the Scoretan ritate on the infect of the Boscention to Resene paint it Consul Kicuan.

for simt is

Pecrectius Branster, combining that the ricussions athe Legislative Council me Communicata to one of the Provinc

Kuzhapers, and towarding coverson kuce on the subject.

Ales, ou Packet from Iis Han Bowring to the Dddress of the Right Honorath Heurs Cabonerise, M. P.

Mr Minis

Colorial Secretary-

i

..

EP158 Législative

p.138.

locre if

28 Nov 76b. 134

Ift with Gar. 9218

نامه دورتر

ngợi cong cong

EIVED

NOV 3

1826

83

Government offices, Metoria, Arng Tong, 135 Anquets, 1850.

I have the hown to forward to

Mz

you a letter addressed to you by Mr Ambre Sarsons on the subject of Law

ในก

Fees as regulated by the Ordinance. 1/4 of 1856, and to

request your attention

12 to a Memorandum which I have appended to this representatio You will perceive by

N3.

aee

the

accompanying. Dreuments which

The Right Amorable

Henry Labouchere, M. &

Ac.

7"

thi

have been communiented by the Attorney General, that Mr Parvons discontent is not chared by Majority of his professions brethren, and I cannot repain from saying that the general extisfaction and

concurrenec

of the profeccion in the

changes made, leave come

doubl

in my mind as to whether the

changes

now sanctioned me not

higher than the general interests

demand.

I have the hour to be

With the highest respect,

Sir,

Your most obedient Humble Servant

84

Fothe Right Honnable Henny Labouchure M.P. Prinepal secretary of state

the Colonier

ہے

Kaloria, Hongkong

9 August 1056.

Анди

prachsing attorney, Soliciter

ad

a

and procter in

in this Coll

Colony,

beg leave to

2014

M. Merimle

tately reported

Oh

дог

aho

The reput

circulatio

Shall this be

with referen

to Fuck.

The but referred to -7,

14

rissy any -

ley 880] : " Wood & Bagees. suggested, I think, amendments

remitted to them

report.

الهام و همن

просе пр

I han dashed

Cetter

the

subjut of Mat

Ardinance to

The Altet

Molise

red

www.v

present de ratch need to added

think the

чи

his, and Cast,

the Six of the Parson's

hound of protest are

bitter such ar

ait ti

Certainly

attended to here

the revoth (corts of

The Crown)

clearly

refened to in the letter to the Law.

Advisen.

Am N

Await result of refer

for Blackwood

this may

Love

John Bowring

August,

1853.

The Right Houth Berry Labouchere MP.

Received

j

N 138 -

3 Inclosures.

Protest against Ardinance N. 14

Forwarding Mr Solicitor Parsons

8/856.

#

137

the despatite amongy

the decr

my sin

1

addas you in reference to ordinance

of

1956 passed

passed on the 31th day if July last,

inpublished in the Hongthing Toverment

Gazette of the

The therness of hive clapsed

since the Erdmanes passes

busnih, have prevented

bengkong Law Society

Relieve that I

DEL

Clapsed

pressure of

a meeting of the

on the subject, but I

tapers the sentimen express

propssion qurally

think it my duty wmake

Suggestions

to the Attorney Jennal

of the

remarks which

and objections were

Jeurial by the Solicitors, and

:

:

85

+

.i

,,

ם.קל י-ר

L

24

submitted to the Legislative Council, but I.

regret to say that

any

ене

.E.

little attention is paid

by the govermented to anything not emanate

from itself:

ating

I night Antent myself by simply

requesting

General

drawn

86

}

that Her mapsty's Solicitor

should have his attention particularly

¦

to section 4 especially the last

clause of that sectoir & to Sections 5.6.00

umineuse

12, and his unculus

experience would

suggest to bring the full

to hiss the full extent of the

днем

FT

Evil

bus as

two points

eever

to one

which seem wendangerm ine colach

the free

!

of Jushee here, if such

ustration of

crdinances are allowed topass unchallenged

I will state my objections

in the form of

Ordinance

a protest, and pray that the

}

1

:

I

..

يطانية

may be disallowed:

+

First Because a Legislative Counce consisting, with one exception, of official pusores in which the public has i no voice, and to which then Public is not admitted, ought not by Ordinance to regulate the fees and Conduct of the business of the Supreme Court, and fetter the freedom of the Judge's action; but that whatever changes

ofthe

are made of this nature should be done

ace

by

with

wi Complant

Regula Generales, foued by the Judge,

whom the practitioners Communication, accnding to the uniform practice in England and hitherto Colony, and not by Legislative Encresment.

مصر

Secondly Because the fees proposed to be

given to Soliciters are insufficient regard be

had to the Expenses of House Rent,

being Labour

and provisions in this 200 perfrisch above those in England,

this Colony, whed are about

England, whereas

the fees contamed

many

instances less

in Englands

من

the ordinance

than those allowed

fees

Birdly - Because the pes to Counse

fixed, whereas

they should be left, and England, to the discution of the Solicites, subject to the Control of the Paxing officer and they are. for the most part fisced at too high a rate being in some ances five

lunes as

England.

high

mstances

as those allowed car

في

87

i

1

OMARTIE DA A JAAGTER KOTOS AN

ד ידי

A

Fourthly

-Because it is highly incapedirit

and unreasonable thas Solicitors o

be faced at so low a rate

charges should to render nessary

section 5. making lawful and encours

Bargain with their Clients

Encouraging

Epay mor

than they could recover othernse.

88

Seftaly Becacode one

one unfores

uniform scale

!

SEP

of

Jaxation has been found impracticable

England; and it in

unconstitutional

правил

interfience with the discretion of the Chef Instice to deprive him of the power of

drrecting that the Costs of insulsoutiry procedings thould abide the event of the

Taxation and payment

Cause, and to Compel

of Costs on every such application, many which would necessarily be made exparte

Because it is

Sixthly

unseemly that a

www

condecorous anol

Soliciter should be authorized,

aer

by section I, to run about with

his hand Wolvey Counsel

wolony

insufficient fel

at the Bar under

the legal threat of conducting

his own Casse if they will not take them fre offered.

Reventhly Because the Crown is enabled

to receive Costs under section

12 and co

permission

not temporised to pay them, such permutter

всиранием being any akily the abused in this Colony

where the power of the frown is strames to its utmost limits, and possibly beyond them.

1

+

*

Lastly - Because the Chief Justice is out-voted in the Legislative Council, and his functions

are sought to be usurped by

it ; and this cromance has not been asked

for either by the incumbers of the Legal propesion

arbitraty and

Arr

by the public, and is Exclusive cancesé of power agaust one class which Cannot be made distributive

over t

choll Community to as relatus dealings

to

Equalize then

89

I have the homme

Th

tote

Your most obedient humble Sant

Anchor Farsons—— — — -

Despatch N. 138 571852.

Inclosure 1.7.

Copy

90

Memorandum on M2 Parsers Gretest.

It was not to be

expected that the Fawyers, who profited by the cost- the delays the vuations, -

and the uncertainties

Connected with the Administation of justice

in the Colony, and often

with its absolute inac-

against Ordinance P/4 of 1952.

7. Arguist,

1856

I

-cessibility

and practical

denial to those who had

small, or insufficient

pecuniary resources,

it was

not to be expected

!

2-

that they should be

pleased with Law upermes

ect was

whose object

was to

cheapen, - expedite, -

simplify, and secure the

Maintenance of rights

and the redi css of wrongs.

That the uncertainties And expenses of Law have

long been the opprobrium of the Colony — that 1 Canton, Shanghai, Poochow & Ningpe, Amoy have not

a

single Lawyer - that

all questions and quanels

are

cheaply

aud

{

one a.

e case of

Twelve-

3.

91

sahsfactorily settled, —

and that there is not

average

Appeal in a

month from Consular

decisions to the Court at

Hong Wong, though the

transactions in which

foreigners

are

Conconei

in those ports amount

Annically de Jarly Forty Millions Sterling.

That Hong Kong

mantains 1 Banisters unid

7 Attorneys and Procters

are all represented

who

4.

to be in a prosperous

state.

:

In

answer to -

i

Mr. Ambrose Parsons

light objections in the

shape of Protests, I have

to remain on the

14 That it

appears to me quite

lume asonable to leave.

to

the

Lawyers only Settlement of the cast at which the Lair is to be administered and that the interests

of suitors - and of the

92

Public in genual must never be lost sight of

the Supreme authority. The That though

by

the cast of living is

high in the Colony of

02

động trong

the expense

Co

of House Rent, Labour and provisions are

not bible their cost

in England,

کے نعم از نا)

نے

d le

enoncously aversed Mr. Tarsons.

7

by

3rd That Tachnew tatge

the Fees allowed le

Barristers are

है

чину

high

b..

And I felt great diffi- culty in giving my assent to them, but

at the same time I

could not but acknow

ledge that the educatitro and position of the Barristers cunted for

them a special claino

to Consideration, and

that they from that field of

were removed

лесь

Abuses and irregularities grouped round the lower departments of

the profession.

93

4 That section

(of which Mr Farsons complains ) is on the very face of it protective

4 solicitors.

5 That is is

a.

Sound Constitutional:

principle to limit as

far

as possible the

exactions of Lawyer

and to discomag

C

interlocutory proceedlings

whose

eneral purpose.

general

is to delay decisions and to maximize the costs of obtaining them.

.

8

6. That the running about of Lawyers

نا

not compelled by the

Ordinance

such

Circumambulation being

wholly under their_

Conhol.

1

That the Crown

is the representative of

the public interest in _-

and that

the Colony, - the staining of the powers of the (rown_ beyond its utmost limits"

is assuredly a contingwney against which no

ť

:

94

provision is needful.

8 That the chief

Justice may certainty bo

sometimes outvoted in the

Council, – like

like an

any

other

Member, his Honor not

being infallible; but that his being

so outrojed

constitutes no usipation

of his functions _ that there is nothing arbitrary, in the exercise of power

to protect the whole com.

munity against the unlimited and uncon-

-holled exactions of

10

particular class intersted in making Law dear,

Laidy, and uncertain. - justice is not a merchan - dize to be bought - sold

_

and hafficked in _ as are other commodities which

concern the whole Com- munity in their relative dealings " — it is that for whose becoming distribution and accessibleness Govern - - ment is called upon to

provide .

[Signed) J. B.

Government House,

9th August 1856.

Time Copy

Mumour

Cotonal secutary

C

Hopy.

Sir

Attorney General's Office,

Phong kong,

H

95

11th August 1856.

With reference to

Mr.

Ambrose Farsons _

protest against the late

Ordinance for fees

and

Costs" I have to direct

your

attention to the

documents which, he truly

states, were laid before me,

The Honorable,

W. J. Mercer, Esq:

Colonial Secretary

2

but which, he states as

untuly, were not tatien

ww

into Consideration by the Government . You

me read them in

And you

he ard

Council,

Concurred with

the fie

me in carrying suggestions that were at all

reasonable into effect .

I now inclose those

papers .

From the perusal you

will observe that the only real opponent of the late Reforme amongst the~.

Solicitors was this same

96

Mr. Parsons, whose standing

here is but one of seven or

eight months, and who in

London

was

utterly unknown

that the head of that

branch of the propssion,

Mr Cooper Turner, stated fairly his objections to live

items — and both have –

been

revised since — of the

Ef

then proposed scale

Costs, but, in all other_

respects, stated his opinion

also to be, that the

appear

profession

to approve of the

above ordinance) – that

.

1

:

י - 51.

E

5.

the next in seniority, Mr.

Gaskell, objected also to those two items, but to no

other part of the ordinance -

and that his partner Mr.

Brown, with three other

attornies, limited their

representation

lo

a

ምግ

the subject

general expression of concurrence with Mr. Gaskell.

The only remaining mem- ber of the profession, Mr Ambrose Parsons, is also -

the only dissentient from the principle of the recent-

Measure, and his dissent

branches also into every

detail of it.

97

The absurd falschood

of the rate of counsel's fees

here being five times

great

as the rate in use

at Westminster can be

detected at a

glance into

the second schedule of the late Ordinance . In general

the rate of difference is –

little above 50 per cent in favor of this Bar whose expenses here Mr. A. Tarsons

estimates at 200 per cent,

and upwards above those

:

" at home . In some respects

Copy

98

the two

rates are

precisely

the same

In ne instance

does it

exocd cent per ant

in favor of Hong kong as against Westminster.

I have &

لام

/ Signed / T. Chisholm Anstey,

· Allorney General .

Inne Copy.

шини

Colonial Sexutary.

"Ordinance for Fees & Costs". In the Hong Kong

Government Gazette of

21th July 1855 a Table of

fees

to be taken in the

Vico - admiralty Court is

The fees for

Published Drawing

and engrossing.

in other than Slave cases

is there fixed at 2/ and

Yo respectively – and other

fues

are more liberal than

those proposed _ These

fees appear to have been settled in 1852, Since

Q

E

י

$

9.

which time rent and

labour have greatly advanced in the Colony-

There does not seem to be

Any

re as ou

for altering

fees, so recently promulgated,

And certainly not too

high-

The fee for instructions for Bill in Equity in - England is £1.44.0.

th

#

(See

Order 7th August 1882) it is

proposed in Hong Kong to

make it 1/6 .

A fee in equity

of £1.1.0. for perusing

99

and considering Bill, and

the same for instructions for

Brief, was for the first time ordered in England by orders of 7th August 1852.

No provision is made

for these in the proposed

Ordinance.

Instructions for interrogatones

Ld

in

and examinations B3/4/ England - for all affidavits

except those made by Solicitor or his clerk or affidavits of Service 6/5.

2

No provision minde

for these .

17.

ہے

The lowest fee in practice allowed at Chambers in England

letion all matters other than Summonses for time to answer Amend Bill & so forth, being unopposed

or almost of Course) is 1/4 – other

attendances up to f 2

2.2.

0

the

Judges flest giving a cutificate for

2

the fee above 6/8 - Recently the judges

Chief bluck was empowered by

general order to give

a

Solicitor

with the sanction of the judge,

tes

An exha special fee of guineas if he got up his

case well

the reason for

bo

the allowance to be artified

i

by the Judge-

100

The fees at Chambers

in England see 5th onder

of 2322 october 1852 (not ___ I tended to this folony)

are

much more liberal, than those

proposed, and

and the order has been most liberally construed,

as the fees were considered -

Ex

・gra.

in adequate - Ep 15/4 instructions for summons,

6/8

2

by/'s to - get it sealed, 6/8 to file Duplicate _ The proposed

fees would give for the Same in Hong Kong på. Or

12/0 instead of H1. 6. 5.

C

0

101 3.

Considering

that expenses

as

here are

much

ao

nearly 3 times

in England, these

facts need

The fee for instructions to defend at Chambers in England is 1814 here it is

proposed to be 5/4

Term fees of 15% in Equity

To to £1.0.0 at

and from 15%. Law

too high

time to plead

a

equity

and at Law

are allowed in

in ever

everty

Самые

އއ

where the claim is above-

£20.0.0

Nothing is proposed to

be allowed - but Coolies

must be kept to do

the work which the

covers in

Term fee England.

no

Comment

The Counsels fees

are

the motion for

on and wer is

mistake, it is done by

Summons.

|

ive a

It should be left to to the Solicitors to give proper fee, and such as the Registrav approves - this is the rule in England, - the Taxing master being the judge

of the propriety of the fee

7

F

If it were so here, then

of the proposed Ordinance

$.. 8

would become of some use,

And not as

a dead Letter

now proposed,

No Counsel

!

would refuse the fees in the

2nd Schedule even without s. 8

§. 1. is well meant,

but

mischievous

very

and

will be found to involve

great injustice,

ustice, and

a.

сон

tinmal taxation

of

cost _ the

question

was well considered

in England, thoroughly ventilated, and given up.

§. 5. should stand

K

102

15

"Any reasonable charges albeit the said reasonable charges §. 8. A Dead Setter with the proposed counsel fees.

5 . G . Altogether insufficient

9

9.

remuneration to the Translator.

5. 12. The frown should

hay

which

as well as receive.

There are many details

require Considuation, I have not time to observe them at present,

upon

but will merely suggest that

the

Cades

included in the

Category covered by the $10

fee to counsel should be

!

greatly extended, thase specified being of the least-fequent

occurrence

(Signed) Ambrose Persons

19th July 1856.

Ince Copy

Colonial Secutary

// Copy)

In 9931/58. 17.

Kemains On Ordinance No

Costes.

103

1856.

for Fees and The Profession appear to

Approve of the above Ordinance but object to

two Items .

1. Fer matting copies

to serve or for the opposite party or fair copy per-

folio

08

Cents.

2. For draughting

in all cases

not herein.

specified per folid =

95. Cents

In copying papus

out of Office I pay eight

1

1049

18

and ten cents supply

paper and then examine

the same.

In Office the fluks

hire copy very slowly, and

very great

the expenses are ve rent, living, salary to Clerk $60 per month, and the climate rather trying-

Swould

ould submit therefore

that 25 cents per folio for

Copying, and 50 cents for

draughting would be a fair charge.

1 Time (ity) (Synne) & Logison Turner

Copy

July 14th 18556.

?

Hopy

Hongkong 10 July 1856,

Dear Stace,

In pursuance of

The Attorney General's wishes that the profession should

state their views as to the Scale of

Fees about to be

laid down for our,

1

8 profession,

before the Ordinance be

passed -

I have

For

my own part,

only

to express it

R. Stace (sqre

Solicitor,

Jc — Ic

Lc

Mang trong

derig

Colonial Secutary.21.

!

wish that the drawing fee of $1 forter folio of 12 words

50. cents for every succeeding

And

folio, with 25 cents for fair Copying, be allowed to stand unaltered. The scale in this

respect, of the Cittorney Genual, I do consider not sufficiently

remunerative, as we cannot

obtain the assistance of

fluks, but only on very

Enuch heavier terms than

in England, and

unquestionably our expenses

of living

at Home,

are

greater than

as

A

105

As a fact, in favor

of my position I may add, that during the government of Sir Geage Bonham, in this Colony, the matter of Fees was submitted

to the Home Authorities, who

intimated to this Government

that they were not too much,

"but reasonable"; or to that

effect.

Be pleased to

forward my note to the rest of our profession, without delay, in order that all of them may make their

1

22

p/39.

Executive.

Law Officers cons

бола

Aus. 10. March

22 7

Eecr1577.

18-Gou 11007/07

the Gor, 1108/59.

9832. Long trong

NOV 3

1856

106

Tetoria

Government offices Netrin,

Armytoy, 8Eeptember, 1853.

I have the hover to enclose

dence with the Attorney General

Ahmedence

Gover

on of a Colony to attend and give

Tuun

evidence before the Supreme Court

As I cannot subscribe to the Opinion laid down by Mr Anstey, and forece much difficult and

his doctrine, if correct,

عند

ace in

annoyance

The Right Honable

Sterry Labouchere, M. P.,

SEP

t

1

own comments to be laid

before The Honorable. The

Attorney Geneval, without

loss of time .

Iremain &c,

Y m

(Signed) Who Gaskell

Cowsiduing the high rak oprent and __ Provisions in this Colony

we agred with Mr Gastell that the present

charges for draughting, ingrossing

And fair Copy, should remain Unaltered, especially when on

referring to the proposed scale we observe that Counsels' fees are increased.

Copy

(Signed, Mard Mousky

Edward K. Stare. 17. J. Tarrant,

Brown.

Im auto Jang Bromm

Colonial Secretars

F

&.

$2.

٢٤

22.

own Comments to be laid

before The Honorable. The Attorney Genial, without

loss of time.

Iremain te,

(Signed) Wow Gaskell

дне

Considering the high rate of rent and ___

Provisions in this Colony

we agred with Mr Gastell that the present

charges for draughting, ingrossing

And fair Copy, should remain – Unaltered, especially when on

referring to the proposed scale we observe that Counsel's fees are increased.

(Signed, Mord Mousby,

law and K. Hace ; 12. J. Tarrant,

Nu Copy.

autor

Samy Brown.

Colonial Secretary.

51

No139.

Executive.

Law Officers conducted & Dear/ 57.

Aus. 10. March

ith Goor 11087/57

Draft in the Gov. 1108/59

106

9932. Mong cong s

NOV 3

1826

Gremment offices, Netoria,

Army Kong, 8f /eptimber, 1857.

I have the how to cuclore

correspondence with the Attorney General on the subject of the liability of

th borerun of a Colony to attend and give evidence before the Supreme Court

As I cannot subscribe to the Opinion laid down by Mr Anstey and forece much difficult and

in his doctrine, if corect,

annoyance

The Right Houmable

Henry Labouchere, M.P.,

f

76

$2.

t/2.

!

I have resolved to lay the matter

before you.

and request the advice of the Law officers of the Crown.

The Statement to which Mr. Austey refers has not been riecived, as on the 30% Ultims Mr Anstey cailed. the mouth on short leave of abzinec

ofor

in Sick Certificate

I may add that the ence of Mitchell v. Anitey alluded to in the correspondence resulted in a verdict for the defendant.

I have the hown to be

With the highest respect,

Sir,

Your Most obedient Stumble Sewant,

John Bennns

:

107

i

!

:

¦

Govern bin John

Victoria, Southay, 87 September, 1953.

Bouring

The Dight Houth Henry Laboucher Bik

Received -

N. 139.

/ Enclosure.

Phireting the liability of

the

Governa ba Glory to attend

M. Meninte

A

I r

which would be useful to

¿ TUSE

of Ireland.

gr

The

AHS

десжа

colonial

ainted with no

opeudest

you

on considering

Lance of the

Ford Seitena

pertinent . We know

that S. of State are summone

evidence

The Coventry Thane

best they

Majesty.

Counts of Loca

ded

do not represent

ca

:

Jupione Aw

and

give

evidence

Gefore

the

сары

9932 HK.

108

W Ball

MC. Anchey Las succeeded in

raising

here

one of the most difficult

& annoying of perplexities

A

formas bath. I hlien (sheaking

-

Lastily ) he is right in point of law.

it forrnor is not a

representation

of Majesty - Hough Men Consely

called so the is a mere seudul

the Crown. And be Cannes occupy

a.

higher station than the Ld Lieut.

of Ireland in Ireland.

But he has so invited the

question by his strange hay of

putting it (see his Call letter) that

I really think to answer

Except that the questions

is requited,

questions is on

importance, & that is thrivey's

farther "Statement "is waited for.

:

}

Hmm N 6.

5

Perhaps better waitin for him Expected commun.

Is this does iu

71

ег

cut pup

почт

wit to the best communectiv

M.14

J

Pat bay. I toreish, the promush

aalision not having Arrived at thes

date.

رحمة

:

:

!

Copy

Private....

Shi

In 9932/56

109

Allerney Gennals office,

Hong Kong 20th August 1866,

Ayself als Mitchell.

In the absence of the

Colonial Secretary from

Hong Kong, I hust that your Excellency will not refuse to inform Mr

Grandpre that it is not the wish of your Excellency's

His Excellency Sir John Bowring,

Governor of Hongkong

C

&c.

:

:

*

110

Government to exclude me from any means of legitimate defence and explanation which are still available to me, although I am disappointed

of being able to secure the presence of Mr. Mercer

himself, my chief and

best witness.

Mr Grandpre

has been subpanded to

produce all Correspondence

with the Colonial Secretary respecting his (Mr Grandpris) charge against the

plaintiff of having reheard

And reversed certain orders

of Mr. Willier for the

abatement of nuisances

in

Gilman Sheet in the

month of May last?"

Having some reason

to fear that Mr. Grandpre is willing to employ any artifice to avoid giving evidence, may I ask your Excellency to let him be

aware of your real desire - for such, I presume it to be _ that the Subpana shall

be

obeyed, and that

no

کھ

suggestions of Official - privilege shall be urged by him against it.

The trial takes

place on Saturday.

I have re,

(Signed) T. Chisholm Anstey,

(True (opy)

loky Jimm

Solonial Secretary.

Corry,

Private.

111

Government House,

214 August 1866.

My dear Sir,

I am so little

informed about the -

пание

nature of the suit of

" yourself ats Mitchell that

I do not see my way

interference .

to

Mr. Mercer told

me before he went to

The Honorable,

J. Chisholm Anstey Eog:

Ке

ке

J

6.

Macao that one reason

for his going at that

time was the putting off the proceedings in the

matter to which no

doubt

your

letter refers -

He asked for no formal

Authority

as is usual I

believe in such cases, to

produce Official Correspondence

and as the correspondence

You now require is his

Correspondence _ with which

or may not be

I may acquainted.

or have been

consulted thereon, I doubt.

112/

the propriety of my requiring

or allowing its production without the Consent of the

write.

C

#

But no doubt

You

will have advised Mr.

Mercer' that the case is to

be proceeded with, and I

should suppose he will

be here when he knows

he is wanted. I will send

him your

letter and the

brouillow

of

this note.

on a

former

joccasion I believe Mr.

Mercer made a

formal

7

8.

potest in Court against the production of Official Correspondence, and it

Appears to me that he is

entitled to an opinion

as to whether the present

ought to be an exceptional

Cuse.

Ever yours,

[ Signed) John Bowring.

True (opy.)

Memon

чи

Colonial

Colonial Secretary.

C

Ĉ

Copy.

Private.

My

your

Bungalow,

ال

113

21th August 1856.

dear Sir John,

I am very sorry

that

Excellency's sense of

duty does not permit you to restrain Mr. Grandpre

from making me the

his own looseness

victim of

of statement, and that the circumstances of my

report made to you on

th

the 10th May last, on the

occasion of Mr. Hillier's

embarkation, are so

:

10.

entirely forgotten by your Excellency.

The case

of

the

Gilman Stuet nuisances

however appears upon

the face of the correspondence

to which

your Excellency's

در ساری

ban

114

your Excellency's personal testimony will do the rest.

The case of Hill &

w Bigge

[ Privy Council ] shows that

the actual Governor is

dimenable to all process

and subpona among the

rest . The issue of such a

note refers . That correspondence

letter truly states

as your

ли

was produced by Mr.

Mercer under

your

Excellency's orders at the

trial of Regina & Mitchell.

It will nearly answer my pumpose if the whole of it

is now produced;

and

0)

Q

writ will remove

all the

delicacy from your

Excellency's position and

enable

ou to appear

you

and give evidence and

produce the correspondence.

In this

way

گ

hope to nuchalize the -

|

:

12.

Portuguese policy of Mr.

Grandpre.

The Colonial Secutary will not - as beellency did not

Your

write by this morning's

Steamer, receive your -

promised letter until_

tomorrow

nig

Soonest.

ht at

115

character of Attorney General

and justice of the Peace.

I am &c,

(Signed) T. Chisholm Austry.

True Copy.

Лугиник Colonial Siculary.

My

hial comes on

the next morning, and as it is for Slander, I

Cannot afford to lose it

particularly since what

I did was done

in

my

T

14

Copy.

:

My

dear Sir

In 9932/51

116

5

your

I have received

of this day

note of

(marked private).

my

Though I form

own estimate as to

the propriety of involving

me in the question between

Mr. Mitchell and

yourself,

I do not know whether

The Honorable,

I. Chisholm Anstey Esq:

де,

Le

Кс

117

there is any power to compel my attendance in Court or to impose

penalties for non-attendance,

and I am precluded

from consulting you as My Law adviser where you

are personally so

Concerned

deeply

but lest

You

sider my

silence

should consider

йо

giving

consent, I think

it right to say that I

give no

consent to

your

application for the writ

whose issuing I suppose

it is your purpose to

solicit at the hands of

the Chief Justice .

I am re

(Signed) John Bouring

Government

omnent House.

21th August 1856.

Luce Copy

Mayous

Colonial Secretary,

i

י

J

18

}

:

A

Copy.

In 9932/58.

19 118

Hong Kong, 22 August 1855.

My dear Sir

As your Gaellency's

hose to me of yesterday

Morning

"Private "

was

marked

so was my reply.

If your Excellency thinks fit,

You may consider it as Official of course : that is, if I may so consider yours

His Excellency,

Sir John Bowring.

уст

де

ке

:کروم

L

1

119

21.

:

to which it was

a

Subpœnâs

sed on

not granted

reply.

are

application.

to the chief Justice but are

issued as

of course by the Regishar. The Lord Lieutenant

of Ireland was subpanded in Birch & Somerville_

Baronet, and His Excellency

attended and was examined,

before the Fish Court of Queen's Bench.

But if the Governor of Hong Kong thinks the example of Lord Clarendon insufficient Authority to

ན་

entitle the Attorney General

of Hong Kong to the evidence which the latter has ever

every

right in justice

stice and

And in

honor to demand from the head of a government

in whose immediate

service he incurred the

liability to suit, which Mz Mitchell is now endeavoring to enforce, be it so !

Let it then be distinctly

understood

-the Jury

by the

tomorrow that I am.

deprived of the right to

AFT

!

է

22.

And

compel the author of the erroneous charge, Grandpre, the Acting Superintendent of Police, to stand forth

avow that he not &

was the author of it. Let

it be distinctly understood also that in refusing me the permission which I Your Excellency to

craved

notify to that person to

obey

the

Subpana in all

its parts, Your Excellency also refuses to allow me :

the common privilege

which the meanest here.

120

23

has of citing yourself to

do justice to the purity of the intention with

which I reported to

you

on the deck of the Singapore the information sendered

by Grandpre.

I had thought

that the Subpana would

have been otherwise

regarded by your Excellency:

as a

means

namely of

overcoming the delicacy!

of appearing

to

gine

evidence voluntarily.

I had also hoped

2423

25

121

that, in the event of your declining to sanction it, Your Excellency would at

least have reconsidered

your

decision as to

as to Grandpre.

I am deceived

in wither hope.

But I do not

my

understand that it is

duty to allow myself to be

made the victim tomorrow

of a policy in which I embarked at the express request of your Excellency conveyed at the earliest

conversations with which

I was honored after my

arrival.

I continue to think

it a right policy to examine

" and report all complaints against the magistracy! - But I must tell your

Excellency that I do not

consent to abide without

a mu

Murmur

an action of

Slander, a verdict of guilty,

سا

And the payment of damages for the faithfulness with which I have performed

My promise.

I am not rich

:

26.

and

my fame is dearer to me than my livelihood.

Your Excellency's

resolution to abandon

me to my own resources Tomorson must justify me in the line of defence I mean to take for the protection of both.

I have not macked

this letter private, and

neither has

your Excellency

so

marked

yours

to which

Believe me &c 122

27

(Signed) T. Chisholm Anstey

True Copy.

Colonial

blonial Secret.

any

it is a

reply . I presume

that the whole correspondince

is now open.

Believe

}

:

28

Copy.

Government

no

In9932/51 122

nent Hous

e

22th August 1856.

My dear Sir,

In reply to your

note just received, I think

it only becomes me to say that I have not refused to

attend a subpona - my

object in

was

to

Guard myself

against the supposition that

I had consented to be

Summoned.

you

I would remind

that all communications,

not private should be

. . . .

3/

30.

made through the-

Colonial Secretary.

Yours re,

(Signed) John Bowring.

True Copy. Colonial Secretary.

Copy

Happy

My

In 9932/52

124

Hong Kong, 22th August 1556.

dear Sir.

I

did not sa

say

that

your braellency had reposed to attend on Subpana ? but that you had refused your "consent to its being issued.

In the face of

that refusal I must of

course out of respect to

your Excellency withhold

the writ.

I omitted to mark

my letter Paivate because

7

$2.

I understood the word to

have been objected to by Your Goellency's first letter

of this morning. I have knowledge of the rule to

perfect

a

which

your

Excellenicy refers,

it. But I am at a

at a loss to

A

And no disposition to evade

know what to do. I observe

that your Exellency's second

letter like

your first is not

marked "private", although it

reminds me of the rule in

question .

I am &c,

(Signed) J. (hisholm Anstey.

(True Copy)

Maurin

Colonial Secretarij.

Copy.

76620.

#

the

Sir

125

33

Colonial Secretary's Office,

Victoria, Hong Kong,

2322

August 1856.

The Opinion you have

given that the decision of the Trivy Council in the case of

Will v.

Bigge shows that "an

Sega Actual Governor is amenable

A

..

" to all process and to Subpana

"Among the rest has induced

The Nonorable;

I. Chisholm Anstey Eag:

Attorney General

к.с

5

I

:

T

:

1

34.

His Excellency to look into that case as reported. He

Car

find in it not the slightest

analogy

you

are

to the case in which

the Defendant in

an action before the Supreme

-Cout and in which

you proposed to summon His Exalliney by ordinary writ of Subpana to give evidence, to produce Official Documents, and to do justice to the purity of your intention

in "reports" you state to have

made to the Governor

reference

to

in

Official matters

126 35.

on the deck of the Singapore.

The

genual question thus mooted is a grave one

in all its bearings and

involves considerations of

the highest importance in

reference

to the relation in

which the Governor stands

to yourself and the Colony generally,

Sir John Bowring

desires therefore that your vreivs as to the extent and

nature of the jurisdiction

of the Courts

over the

Governor in matters

J

36.

connected with his

administration should

be placed in an unmistakeable

shape in order to be

submitted to the judgment

of.

the Law Authorities at

Home,

— and he would

wish that the whole of the

Correspondence on this matter -

between the Governor

nor and

and yourself

should accompany the reference. His Excellency feels considerable

doubts as to the correctness of

the doctine you have laid down.

I have se (xFigned, L. d'Almada é basho .

(Jun Cony /

Menurut Figned,

Colonial Lecretary.

for the Colonial Secutay.

مرات

Copy

127

Attorney General's Office,

Sir

Hong Kong, 23 August 1556.

I have the honor

to acknowledge M=D- Almada's letter of this

date, referring to some private letters which have

lately passed between His Excellency and myself on

the subject of

the

Now

pending hial in which

The Hon crable,

W. T. Morcer Es gr Colonial Secretary,

الة يوم الانسان

?

1

r

38.

123

39

I am

a

defendant; and

the acting chief Magishate

of Police is suing

me in

damages for an official

14 May last

Commun unication made by me on the 16! ! May to another Justice of the Peace ( Mr Leslie ), under

the general and often

lirged

ed instructions of this Excellency to enforce the due administration of the laws relating to

ruisances prejudicial to

health or

good Order.

His Excellency

desires Mr D'Almada to

lay before him a

full

exposition of my views

and opinions

as to the

question of a Governors liability to the Courts of Law

and then jurisdiction within his Territory and

during the term of his Government.

To prepare such a paper will cost time and labor beyond the exigencies

Of

the present occasion which Mz D'Almada

explaine to beadesire on

:

40.

the part of His Excellency to have a soliction of

certain doubts as to the

soundness of an opinion

exfcored in

letter

my Inarked "Private" of the 21th instant. He is Excellency

will not accuse me, I am

sure, of declining my -

duty, if under

these

circumstances, I confine

my attention to the opinion

in question, and pretermit

the more onerous part of

the exposition he has invited. His Excellency

1292-44

cannot but be aware

that I never decline my

duty, and that although

I am in no wise bound,

informed

as I was

его

high authority, and as

the nature of In

J

Commission shows, to

undertake the extra

duties which he has

from time to time invited me to undertake,

I have never refused them. I may mention those of

the Office of adviser to the Plenipotentiarys,

E

45

Office which is vacant;

and which, after an __

H

explanation to this

Exellency of my tie position, I consented- out of Courtsy to himself to discharge, without –

imolument and without

00

compensation of any kind, soon after my arrival ;

and which, if I am fortunate as to remove his present doubts concerning My capacity to advise, I shall gladly continue

to discharge until he

'

130 43.

receives the pleasure of

иго

M

ے سوا

Lord Clarendon Latouchere with respect

to its management.

His Excellency

دسم

deceives himself if

he

invagions that the question

of liability of Governor to the penalties under which the writ is to be obeyed by

these amenable to its

Inandate, is in the least deque involved in the innocent observation, le

which Mr DeAmada

refers, and for

which

f

44

?

1314

I cind the case v

Ef Hill.

Bigge. It very clear

indeed from the whole

len

of that letter and

of the correspondence to

which it refers me, that

He is Excellency has formed

Jome we

very

croneous and

entirely unfounded ideas

of the writ of Subpana.

I have alre a dy

Corrected one error. It is

not granted by the Chief Justice . It issues as

Counse

of

Had His Excellency

not refused his consent

J

I should have obtained

I

one from

Mr. Alexander

on the single Condition

of paying the Court fee.

It was long thought

by

certain school of

lawyers that a writ could

сав

not issue from the Colonial Court to the Governor of

the

Colony, and that the rule applied, _ "The Sovereign

Cannet command himself.

The futility of the doctine is ably exposed by Lord Brougham in one of

the cases mentioned in

40

My Cate lettiw to shis

my

Excelency, Had he allowed

me to do so, it would

have been quite regular to direct his Excellency in

name to appear

the Queen's

and give evidence under

Penalty &c, and thus the

delicacy which unhappily prevented him from

extending to me, in any shape

or way, - whether by ordering. Mr. Superintendent

Grandpre to disclose the

me the

huth, or by giving

benefit of his personal

C

132 47

testimony, – the protection

to which my official

character entitled me,

ht have been

might

overcome.

As it has happened I an

in a

· position now to dispense with both. Your

timely arrival after an

adjournment of the case for the defence has been

Conceded, and

your honorable readiness to

bear your testimony the bona fides of my

va

10

impeached conduct, relieves

me from all further Ansecty

:

The question of

Mr. D'Almada is thus

fully

answered. – There

would have been no -

impropriety in Sir John Bowring's consenting to the example set by Lord Claundon, and appearing in the witness box of a "Count locally situate

within the borders of his

viceregal government. There would have been no

inegularity in

my obtaining,

upon that consent, a writ

of

Subpoena in the usual

form, in order to

sanction and and

appearance.

132-49

justify such

When His

Excellency forwards the

Correspondence, private

and official, in this case to the Secretary of State, I shall be much obliged by being allowed to inspect My letters to His Exceltney

( for I have kept no copies

of them)

in order that

I may prepare my

Statement of

for the

the case

the

eye of Minister, to accompany

--57.

the one

announced

This Excellency.

I have 40

by

(Signed) T-Chisholm Austry

Atorney General .

(opay.)

Murrus

Monial Secretory.

C

1140.

Miscellaneous.

độ cong cong 131 9033 dung

ECEIVER

NOV

1836

الرحمہ

tromument Prices, Motrin,

Grug Tous, & F. Ertuves /883

In neentance with the Solonial Regulations, Shave the houn to custre herewith a Schedule of decratedes andrined to The Right Iminable the

Scentury of State for the Colonies, during the half year cuding sot func

1856.

30

I have the how to b

With the highest requiet,

respect

Sir,

Your mat obedient Aunible Servant,

The Right Aonnable

Henry Labouchere, M. 5,

P.,

Ar.

Ar.

Fr.

John Burns

¡

135

J

1

Be

18

:

A

با

W. C. Nunes

Putty.

95/ pay me

کرنے

Blackwood

The Despatches suumerated in the ammered schedule have all been received and recorded.

Governor for John Bousing

Victoria, Hong Kong, 55 September, 1850.

A

The Right Houth Henry Labondere, M.

No 140.

/ Inclosure.

Picciril

year ending so I home, 1857. ofn the Chomes devring the half addressed to the secretary of State

Transmitting create if Respeters

:

In 99335 136

Schedule of Despatches transmitted by

The Governor of Hongkong to the Right Honorable The Secretary of State for the Colonies, during the

half year ending 30 Sune 1856.

Nrof Date of Deep. Deep:

کی

5

6.

Subject of Despatch.

/ January 20 Transmitting Schedule of Despatched addressed to the Secretary of State for the Colonies during the your 1855.

2.

3

Acknowledging receipt of Despatchesti 0:37 of 37 November, te,

8th Replying to Despatch N: 23 of 23 June 1885, on the subject of Government Servant's residing

Government

verrorment Buildings,

گھر کو

#

as

relation to the application of Captain Watkins for free quarters.

in

Enclosing Notification publishing Retiand

of Land Sales held in the Colony

during the

year

ب کی کی دیگر

Respecting employment of a Forem of Works in the Surveyor General's Department

Acknowledging Despatch 9022 of 7 October 1855; on the subject of the Act of the Victoria

Legislature to make provision for certain Chinese Immigrant's?

Naf

Jel:

1.

none.

None.

1.

none.

2

3

N of Date of

Deep Desp

Salient of Despatch

habject

7 January 7th. Reporting

&

9

10

11.

12.

13.

#

14.

//

measures adopted for

the

the continued

disposal of Criminal and hummary Surisdiction cases during illness of Chiep Justice Hulme

r

het:

2.

Transmitting Lists of Members of the trecutive and Legislative Councils for the half

4 year ending 31th December, 1855 2. Acknowledging Despatch N.800 ft. Arteters 1855, on the subject of the Naturalization Mrs Rienaicker and D'Almada

October,

Reporting Colonel Caine's retion from

India

Transonitting Copy of Ordinance N. /1880

re

-זי

-enacting the provisions of the neutrality Ordinance (Colonial) N1 of 1865.

Suggesting arrangement's for the

Administration of Justice, in the event of Chief Justice Welme's retirement from the Bench

10° Submitting proposal from the Amental Bank Corporation at Wongkong, to receive in deposit - the

deposit the unappropriated

Balances in the Colonial Treasury.

12th Relative to the projected formation of a

Public quay in front of Houses on the north side of the Queen's Road in

Victoria.

4

none.

Nof Date of

Deep Desp

Subject of Despatch

137

15: January 14. Acknowledging Despatch 818 of 20. September

1888; and Submitting Correspondence with

the Respective Officers of Ordinance on the Subject of the resumption of the Navy Land at West Point -

18.

#

Reporting deposit of Surplus stands of the Colony with the Oriental Bank Corporation

the

Transmetting Treasurer's Returns of Revenue and Expenditure of the Colony

No of Inclos;

1.

for the year ending 31th December 1855, 10, 3.

18. Thruary 14 Acknowledging receipt of Despatches to

5+ 11 of 8th December, 1855, 10,

19.

1.

1.

20.

1.

21.

7.

2 2

کھو کھو

ہو

Acknowledging Despatch N 38 of

12 November, on the subject of Copy of the Treaty with Lapan

Reporting publication of the Chinese Passengers Act-1855 Jorvious to the

To

2

receipt of Despatch 84 of 8. December last; and

measures subsequently adopted

Relative to the case of an American

cleared

effet, the Farmel Willette, shared from Hongking with Chinese Paftingers for Adelaide

Reporting arrival of Mr Actomy,

neral Anstep a

and his

none.

none.

3.

3.

ད་

132

• &of Date of Delp. Deep

Dalept Subject of Despatch

ар

22. Continued Appointment as a member of

the Legislative Council --

23. February 6. Submonitting Letters from the Colonial Treasurer and the Surveyor General,

24.

25.

26.

27.

28

on the subject of the contemplated Praya

of

7. Acknowledging Despatch N 704 32°

November last, and applying for

a point of discussion

instructions on a between the Colonial Chaplain and the Bishop of Victoria

Reporting abandonment of the prosecution against Inx Consul Kunan, and Submitting certain legal questions for decision

8th Transmitting

Executive and

Minutes of the Legislative Bouncies

for the half year ending 3114-

December, 1855.

Inel.

none.

2.

2.

2.

2.

Submitting for Confirmation, Ordinance N. 2 of 1858 to amend the law relating to Bills of lading 1. Submitting for Confirmation, Ordinance N 30f 1858 to declare certain Acts of the Imperial Parliament- to be in force in the Colony of HongKongen 1.

Nof Date of

Deep Deep Subject of Despatch

29. February 8 Reporting 12 Months leave of absence

granted to tror Surveyors Generals, Cleverly

>

30.

#

A

31

32

//

33.

//

34

بلیش

Reporting 12 Months leave of absence granted to Mr Treasurer Riimaecker, and applying for instructions as to the longest period for which leave "givers from Shingkong

can be

11. Relative to the habit of gaming

prevalent amongst the lehinese in the Colony, and proposing Legislation for it's control

In continuation of Despatch N°3 of 87 January last, respecting leaptain Watkins' application for free quarters, or an

[rent:

allowance for house

137 Transmitting treasurers letter of th

Tebruary 1856, with accounts of the Colony for the year 1855.

14. Transmitting Requisition for Stationery te, for the several. Departments of Government for the year 1856-57.

on

of

Inel.

18th Enclosing proceedings of Board of Survey Colonial Funds, on the occasion of the Treasury Commission assuming charge of the Treasurer's office.

2.

2.

14.

none.

6.

1.

1.

I

6.

7

139

N of Date of Deep Delp:

Subject: of Despatch

as

44 44 March 24 Regarding establishment of a Mint in

the Colony.

46.

47

49.

25. Submitting for confirmation Ordinance N5 of 1856 for the Amendment of thecious

in lewil and Criminal cases."

Submitting for conformation Orsivance NZ of 1858 to extend the Criminal procedur "Ordinance + 4 of 1852.*

t

Inel

Submitting for Confirmation Ordinanc + 7 of 1858 to extend to this Colony certain Enactments and General orders for reforming Procedure in the High bount of Chancery and the Offices there of "

26. Transmitting Comparative Return of ~

Weffels anchored at the Park of Hongkong

5 years/854

in the

1854 and 1835.

Acknowledging Despatch N 2 of 2 werbe

and submi

and

submitting additional obervations for the reorganization of the Legistative Council

1.

1.

3.

50. April 194. Acknowledging Despatch 2017 of 20 December

and reporting on Lieut: Colonel Dunlop's complaint against the Post Office Authorities at Songkong. none. 2nd Acknowledging receipt of Despatches to

4:39 of 31th January, 1856, te.

none.

Date

80 of of Deep Deep

Дея

Subject of Despatch.

36. February 1 Subesitting letter fromstrer Rismaccter

عربی

38

Hearn'

on the subject of charge for messing in contract Seams Pockets, and applying for instructions

Replying to Despatch # 8 of 28 November,

recupts

respecting delivery of certains re

the

and vouchers at the Colonial Office in July last, in a loose state.

Replying to Despatah No. 7 of 27 November

огон

on the subject of drainage and water supply in the City of Victoria

39. March 10% submitting for confirmation lodinance N44 of 1888, relating to Will by Chines "people".

.40.

11. Repeating.

Лес

41.

42..

43.

#

toof

Inel:

1.

45:

none.

1.

made

1.

48.

Mr.

mendation of For

Alexander for the vacant appointment of Registrar of the Supreme Court. none.

12a Acknowledging receipt of Despatche to Nut 7 of 20th December 1853, 10.

13. Applying for a further allotment of Official Numbers to the Port of Mongkong under the Merchant Shipping Act- 1834.

On the subject of liabilities imposed on Chinece immigrants proceding to Australia in vidation of the Treaty with bhinate,

none.

по

51.

3.

!

}

8.

Top Date of

بهار

Deep: Deep:

Subject of Despatch

52. April 2nd Acknowledging Despatch to 250 f. 21. January,

53.

54

53.

56.

جهاس

ولد

#

and re

d

reporting in favor of Mow. Block's Appointment as Danish Consul at

Hongkong

Criminals

74 Reporting Execution of 2 Crim

in the 26th March

Reporting Governor's decisions on the

Case of 7 Chinese Capitally convicted on the Wet March

Acknowledging Despatch N128 of 33rd January, and reporting reasgnation in Gazette of Mr. Courbeck as Prussian Consular Agent in Mongkong

Ny of tel.

8th On the subject of a recent capture of nine deserters from the Garrison, found secreted on board an American Whaler

roof Dute of Deep Deep

Subject of Despatch

140

60. april 14t Transmitting part I of the Laws of

Hongkong Med pom the China Mail Office

nones.

61.

поне

2.

hone.

hona

+

submitting application for an hon safe for the Surveyor General's Department 1.

ane

eway

2 Military

10a Regarding conveyan

Convicts to England, and applying for instructions

Is under

11. Reporting violation of the Chinese

Passengers Act by two Wessels the Mawaiian Hag

1.

62.

63

:

64.

باکالا

#

Reporting in favor of her. Wiese's

appointment as Mamburg Consul at Hongkong, vice Meimers, resigned.

Relative to Mr Silas &. Burrows' appointment as Consul for New- - Granada in Sohongkong, temporary recomition in Gazette.

171⁄2

and his

q

Inel

Submitting. Draft Ordinance, relating to Gaming Houses .

18. Submitting for confirmation

Ordinance N. 80f 1858 for Buildings and

Muisances."

24h Recommending the liberation of

the Convict Le_ Absow, no

now in

1.

поне

поне

Sail under sentence of Transportation for Life.

66.: May 14 Acknowledging receipt of Despatches

to No3b of 77 March 1850, 18,

67.

Submitting for Approval Reports and

Estimates N = 1/4 and 27 of 1855 for the erection of.

Police Central Police Station and a

Station at West Point -

1.

1

hone.

2.

10.

11.

141

7

the Office of Chief Justice in Commission none.

top Date of Deep Deep:

Subject of Despatch

Ne of Incl:

60. May 14 Reporting Mr. Alexander's confirmation

the Office of Registrar of the Supreme Court, And Mr. Masson's provisional appointment to that of Deputy Registrar 2.

69.

Confidential

Submitting Draft Ordinancion

Subject of Venereal Disease in the

the

Coloney

Replying to Deepatch Confidential of

2114 January, respecting the measure

adopted by the Governor in placing

Nof Date of Deep.

Deep:

Subject of Despatch

75. Continued of the Oriental Bank Corporation

by the local lyovernments.

شر

76. May - 7+ Enclosing Commissarial Rompt for

£61.6.8 refunded by bolone laine on account of his passage to India

mal.

1.

77

Relative to the affairs of the Colonial Treasury.

2.

78.

70

3rd In reply to Deepatch A 350 / 30 /march regarding the Affairs of the Colony.

79.

1.

71.

72

73.

74

75

th

54. In reply to Despatch N. 35 6f 3rd

March, regarding the Governor's Salary

Respecting necessity of a brown

Solicitor

Regarding

none

80.

#1

3.

arding Mr. Willier's appointment esther Krajesty's Consul at Bangkok 1.

as

Submitting Report of the Bowring Praye

Commission.

6. On the subject-of recept of notes

81

DR.

$3.

#

Enclosing leopies of Notifications - istued at Hongkong with reference to the Chinese Passengers Act-1855 ·

8. " Respecting Changes in appointment

Consequent upon Mr. Milliers,

ination to be Consul at Bangkok: nomination and the applications of thr Mitchell and Mr. Kingsmill for the Post of Chef Magistrate of Polices.

Submitting Mr May's application for the Office of Affistant - Magistrat of Police

Reporting temporary Additions to the

Harbour Master's Establishment.

24 Forwarding the Blue Book of Hong Kong

for the year 1856.

27th Acknowledging receipt of Despatches

to the of and April 1856, te

2.

1.

nones.

2.

none.

1.

12.

:

roop Date of

Deck Disp. Subject of Despatch

Deep

84. June 2m transmitting for information Consular Ordinance N° 2 of 1856.

83

00 .

زدی

88.

89.

#

#

Reporting appointment of Mr. Mercer

to the vacant seat in the legislative

Council

37 Enclosing Document's connected with

a

Not Date of

&r of

깝다.

Inel

Desp: Desp

[

1.

none

difference between the Chief Justice and the Attorney General. 4.

Reporting execution of a Malay

Sailor, named

Samarang.

Regarding an overpayment to the Commissariat Chest on account of two intestate Estates.

-

(

Subject of Despatch

13

142

Nief

Incl.

92 June 5th Submitting for conformation

Ordinance N. 9 of 1858 to explain certain Enactments relating to shipping"

93

94.

93-

поня

98.

Reporting Extras Assistance allowed to the Treasury Commission, and urging appointment of a successor to Mrs Rienaecher, on the occurrence of the repected vacancy.

97

1.

98.

99

none.

Relative to the Appointment and Salary of Mr. W. J. Bevan, the acting Click

90.

#1

to the Chief Justice.

4th Forwarding Correspondence with the Military Authorities, on the Subject of a Saluting Battery

on

100

2.

101

1.

"

1.

Submitting for confirmation Ordinance A 10 of 1858 Jordis tendens and Purchasers 2. Submitting a further appeal from Captain Watkins. R. I, on the subject- of his claim to Free quarters.

6. Reporting transportation of 21 Chines Convicts to Penang on the 22nd May

Transmitting Report and Estimate Is of 1858 for certain important Works in the Wongnechung Valley.

Reporting Mr Bevans withdrawal of his name as as Candidate for the Office of Sudge's Clerk.

1.

1.

2.

none.

Reporting inability to forward the Paya Report Appendix by the outgoing mail none.

71⁄2 Submitting

an appeal by

Mr Mitchell to the Secretary

of State, from

a decision

of the Executive Council.

9th Relative to Oven Caldwell's

re-admission into the Colonide Service

11. Enclosing Correspondence with Mr Edger on the subject of the difference between the Chief Justice and the Attorney General.

9.

1.

1.

14.

it of Date of Deep: Deep:

Confident

102.

103.

June 14th

#1

Subject: of Despatch.

Further communication on the

Subject of the fudicial Commissions appointed in October and December

1053.

Reporting public sale of Farm lots in the vicinity of Pok_for_lurn.

eroof Inel :

4

16." Forwarding Appendices to the Report

of the Bowring Praya Commission 2.

Colonial peretary.

.

8.141.

Miscellaneous.

siz,

9934 Hong King

NOV 3 1856

143

Povernment offices, Victoria,

Hong Kong, 8.5 September, 1857.

I have the hour to acknowledge

the receipt, on the 25% Ultimus, of the

following decrateres -

165.

5 to 72,- the last of 10 July, 1853. Circular of 30% May, Letter

of 7 June,

I have the honor to be, With the highest recrect

Lir

Home Most Obedient, Frumble servant,

The Right Horvats

Hemy Labouchere, M.D.,

John Kenns

1

&c.

fe.

१८

Pub

:

4 Nov.

!

f.142. Miscellaneous.

Mc ballen 5395756

Kraft with M. 5395.

Mr. Mc. Callen informed 10 Now fol.

H

9935 trong động.

NOV 3 1866

144

Coverment Sfrice, Victoria,

Houghtong, 8th September, 1855.

Sir

In reply to your

your Despatch 1.69 of

255 June, respecting one Stenry Mackellan or Macĉallen, formerly

blonging to the got Regiment and

then to the Houghtong Price Force, I have the hour to transmits copies of the Concerondence between the Colonial

Secretary and the Reting Superintendent of Police, and to regret that I am unable to

The Right Arnorable

Henry Labouchere, M.P.,

Ar.

Mr.

4.

Meniale

Reform the applaint.

}

funich

wish m

Muni

satisfactory

information with regard to the

said Mackellan.

I have the honor to be,

With the highest respect,

Sir

Your Mint Obedient Fusible Servant,

Whukennen

سارا

itm W4

1

In 9935751

Copy

W632.

Colonial Secretary's Office, Victoria, Hong Kong,

بنکھ

26th August 1856.

KI

I enclose copy of

letter received through

the Secretary of State

for the Colonies,

Arrd

will be glad to receive

Your report about H. Mac fallen, the person

2....

enquired for who is · said to have joined the

A. Grandpie Esquire, Acting Superintendent of Police.

145

:

H

r

2

Police Force in this

Colony,

The

given mumber

of the Regiment is -

probably an error

95th

: for

I have, ve (Signed) WT. Mercer,

Colonial Secretary.

Ime Copy.

Colonial Secretary.

сору

-

Copy. Copy

No. 40.

Sir,

>

C

3

Police Department, 145 Victoria, Hong Hong, 1st September

/

Ember 1856.

I have the honor

to own receipt

receipt of your

letter No 132 of the 26th

Altimo, and in answer

that

beg to inform you, in the Records of this Office I find the name "of Henry McMulland

The Honorable,

W. J. Mercer, Esqture, Colonial Secretary

a

}

:

:

Cesporal of the 98th Regiment who joined

the Police Porce of this

Colony

April 1845

And was dismissed on

the 8th January 1846,

but

no records to show

et &

where he has gone to .

I have 1c,

ке

(Signed A Grandpre Acting Superintendent of Police.

True Copy

Colomat Frontary.

ritt. 187: $

1.143.

Judicial

ه نادرا

ag

993 dung túng. Hong

NOV 3 1856

147

Government offices, Victoria,

Houghing, 9. September, 1855.

have the honor to report that on

the 11 Ultime, 24 Chinese Convicts

were embarked on brand the Britul

British

t

Ship Speedy " for conveyance Singapore, in pursuance of the terens

their respective Sentences.

F

I enclose a List of the Crimes with periods of Transportatim.

On this occasion the Penincular

The Right Hourable

Ferry Labouchere, M. P.

tc.

tc.

Mr.

L

and riental Steam Navigation Comrary also tendered, but asthen

rate was

50 Dollars a head, and

"Speedy "

that of the Greedy 35 Dollars, I

considered myself bound to accept

of the Sailing Ship

the Tender

Gov 98.3.6. Ktrany

Your mor Sirose Bowring

N427

.NUTE

NOVE

DIR

16

22

MRElliot

is much below the rate demanded

by the Steamer.

12.... ) approve.

I have the hour to be

With the highest respect,

Sir

Nour, mat obedient Aumble Servant,

24

Nov.

Him N 4

JhaBornn?

Materivale 6

HIBAll

Lebowler.

Ws

7

Entirect

Sir

Ф

#Nool55

I have to ack

yours

142

Despatch S/3

of the 9th September

d

to signify

my approval of the

tere incurred;

expenstitere

in the transportation

24 letinese Convicts

to sing agcore.

I have deIn 975

Lest of 24 Chinese Convic 143 transported to Singapore by the British Ships Speedy on the

11th

Crime

Embezzlement . Piracy

1th

August 1056.

Theracy with unending

Do

Dr

برادو

Receiving good spiratically

Nop Geron Conarets Transportation

от

3

of

14 years

+

تكن

15°

20

Life

1/4-years

15

15

Holen.

Robbery

Robbery with arms

Robbery

with wounding

2

Lifes.

Kolineals Beanitary

Colonial Secretary's Office,

Victoria, Hongkong,

9th Septer, ber, 1856.

3

N144.

Lequelative.

ете

Report 1824 Ordinance referred to Jaw

Purther reference to

Disalloured

4 Rogers 7. 20 NaAJA 21 Feb 757.

to 25 maret

AL

ngày trong trong 250

VET

NOV 3

18.6

Povernment offices, Nictoria, Houghtong, 9 September, 1856.

I have the hour to forward

Adinance 15 of 1856, entitled "An

the Lan

124

"

of

"Binance for Amending the Bvidence and trial by Jury.

The two enclosed letter from the

Attornce Seneral will clean thew

uccinity for this Iudctment and from

the me

3 the benefits that have resulted it since it became Law

The Right Honorable

Henry Labouchere, M.P

to

tc.

ste

.

F

At De

The alteration in the "Jury panel is I believe in strict

beentance with the wishe

of

the

Emmunity wine eturznicuæ it

afficts.

I trust us difficulty will be found in laying this Adinana before Der Mint Gracious Majest

Most The Queen for approval and confirmation.

I have to add that I

reecived communications from the Consular Ports speaking of the Ardinance with much approbation, and I have made such portions

relevant, Rules of

it as are

fit

practice in the Consular Courts.

151

I have the honor to be With the highest respect.

Sir

Your Most Poedient, Humble Sewant,

John Bennus

C

|

:

A

*

+

Governor Hi John Browning

9th September, 1858.

Victoria, SoughoLY,

$5

The At Houth Henry Labouchers, MMP.

2 melozenes.

No 144.

Received

Ordinance 1.15 17/858 fn Caro feritince

Inbmitting for Confirmation

the

"Amenting "and Trial by Jury."

+ Ņ well

Pay : & refer to Sept. Mom wave,

сложе

Reggis.

بوست

4 Nov

The

Entered Nam

Entured

еро

2008 – Inks Islands

Honey

9561 9937 102413

Attorney General

and

The Solicitor General

Mr. Derivale 1: Nod. 1856

M. Ball 15

152

noth November 1856

I am directed by

Md. Lochhabouchere in M. Schabouchere to transmit

W.M

See within

Am

for your

Consideration (jointly

with that of the Solt. Qui Ani Jul

Copier of the following papers.

Turks Delandds. An

Prdinana to amend Ordinance

No.9 of 1855, Extending celain danses of the "Common Law Priedere Act-

1852.

|

:

.

At Prepart with

which Mr. Labouchere has

تمن

been furnished bestie D.

Rogers therenson.

Fongkong. An

Ordinance for amending

Law of Roidence

And

"Joy"

the

Trial

17. Anfork of sein

J. Rozen thereupon. And I am

request that

Jou

6

will

Sold.

(jcially with the Mill)

forom M. Labouchon

Cons Spinion, Suther

with your

9561 Turks Isd

20 Act 756

No 15 of 1856

12 Nov 106

10241 Hhoug

A

Wise Ordinances

153

Either

of them may properly be

confirend better Crown, regard beings had to the Directions pointed out of

P. Rogers, Deich affear to be similar in the two cases.

I am directed to

add, that the question of the amount of authority Drich be sacrcised by scorial

Jaray

degislatives, in regard

waters

arising

without

Their local jurisdiction,

one Drick is of farment

!

Recurrence

and felt by This Reportment as of

Considerable diffenlly: and I am to selijoin copy

in

If an Suimon Given sie Angust 1861 by the then

Law Advisor A the (rown, certain provisions of the

Colonial Law & Malta:

абирум

and an

t

Simon Geven by

Gourselves

On

the 31. Me

ходими

{ 1841

26 Bürgst

1471

king

185-3, respecting certain pros

visions

lows enacted in

an

J. Anstralia, to having important bearing on the sales

Tham etc

31!! May /2853.

5845. S. Australia

Copy.

In 9987156

154

Attorney Genial's Office,

Hong Kong, 29th July 1856.

Sir,

17

Feb155 1646 88 Geriaus

a and one firm by grunden

on the 17th File 1855, on a Autist quiane hustom artiany,

The Chief Justice Yesterday

from the Bench expressed his

wish that I would prepare Draught Ordinance for

a

extending to cases of temporary, sickness the power of the fourt to receive in evidence the previous depositions of absent Witnesses . I quite concur

The Monorable,

W.J. Mercer, Coquere,

Colonial Sentory.

a

I

3

2.

in the suggestion,

suggestion, and think that the English Act - not yet extended to Hinghong- will, when I have revised

it (for it is a most unshilful And unsuccessful one)- furnish the powers sought

If His Excellency

allows me at once to prepare

the Draught it may be

read a first

first time on-

Thursday.

But I should much

wish to take this opportunity

to abolish the useless and

mischievous formula,

*

$

which we

ше шал

155

vainly supposed,

when we introduced it

into our Admmistration

of Justice, to be the Chinese judicial Oath . There is no such thing, I believe, as

a

ид

judicial Oath in Chinese Courts ; certainly no burning of papers of malediction? It has failed at Singapore And Penang, according

J

to Lowe, - and since it

was imported thence into

this Colony, its failure has not been less Conspicurus. I propose to substitute

$

4.

for it another method of Acting upon the Chinese conscience,

And better adapted to work an effect upon that Atheistic

And Carnal Conscience.

The Chinese magishati

imposes the menace of judicial

torture

by

a

practice forbidden

our laws. I propose to substitute the dread of pains And penalties ; a dissuasive agreable to British law, And yet as efficacious so I have found it, where

in examming

r

Crossexamining

a Chinese witness. I have

2

T

}

had recourse to it,

156

as caur

be desired . The Chinaman

+

is made to feel that there is

گی

he practical difference – to him between torture before giving

his testimony, and duress immediately after he has given it, — save that by telling

a

plain tale, he may escape

the latter, in many cases

where any escape from the former would have been denied

him.

What I suggest thin

is the addition of the following

Clanses to that proposed by

The Chief Justice : –

Heathen witnesses

" desiring to be sworn

suvin accord

according

" to their own conscience, may- """be se sworn accordingly, if

" The Count shall thinke fit, but, " if they shall not make

"

Application in that behalf,

" or making such, shall not " obtain the consent of the - Court thereto, then and in

"Every such case the fourt

" after warning theme or Causing them " to be warned of the pains

" and penalties of perjury o false affirmation

or

or

>

157

"declaration shall proceed

" to take the evidence of such

: witnesses being unsworn:

" and if any such witness " shall be quilty of any -

" falsehood therein, he shall " be liable to the same pains

And

penalties for such his

"Offence

as if he had been

" Sworn to the huth of such

false statement ?

The word Court shall

"extend to and include every

Person Authorized

or to be

"Thereafter Authorized to examine

Any witnessitypon cath.

=

8.

I shall feel obliged by receiving His Excellency's

pleasure

asure on

on my suggestim

as soon as you are aware of it.

I have, se,

(Signed) T. Chisholm Anstey,

Attorney Gamrat.

neral.

Twe Copy.

Colonial Secretary.

}

Copy.

7

1582

Attorney General's Office,

Hong Kong. 27th August 18560.

Si

I have the honor

to report that at the close of the Sessions of the Criminal Side of the Supreme Court Yesterday, I applied to the Chief Justice for an order or futificate for the payment of a

The Honorable,

W. J. Mercer, Esquire Colonial Senetary,

¡

10.

reward (45) to each of the theee Chinese Crown witnesses in Mor Bell's case who had distinguished themselves by : prompt and successful Zeal in pursuing, seizing

their

And bringing to spady - justice the highway robber

who was yesterday convicted of having taken that gentleman's

watch from his person

10th instant.

on the

The Committing Magishate Mr. May at whose suggestion I made the application informed

کر

159

me that it was very rarely that Chinese will so vulunker their services in aid of the

police where the injured party

is an

European and the criminal a Chinaman.

In cases

res of extracechining Emerit it is the practice at

home to make such orders.

The Chief Justice however

has laid down a rule

never to interfere but by

recommendation; and he

therefore refused my application,

that if it were

adding that if

made to His Excellency,

T

{

:

:

he the Chief Justice would shongly back it, and Mr. Alexander the Registrar

was directed to take down

the trames of the three men for that purpose. I suggest that the case

is one

one em

-eminently deserving

consideration and I add

my certificate to that of his Lordship .

I do not wish

to close my report of the last Session without – congratulating His

Excellency

ར་ཡ

on

the entire

and

160

13.

success which even on this first experiment,

without the help of Mrs Wadi's valuable hanstation.

of the Chief Justice's notification ( approved on the 2253 by

The Legislative Council) - for the translation is

not

yet printed - the lak Ordinance ( for the abolition of heathen Oaths except in special cases) has had in the administration

of cummal justice . There has been no puracication this time amongst that

I

!

i

14.

class of witnesses,

and it

has happened that Chimeso, Hindues, and Mussulmans, have been under examination.

The oaths of their

respective creeds were not

Administered in a single

instance.

I have, &c.

ке

(Signer / S. Christrohen Anstey, Attorney General.

7

True Copy. Colonial Secutay,

на

{

:

7

161

Despaten M 144 07/866.

Melsure Poin

162

Copy.

Doctors Consurous,

My Lord.

August 264 41. Олдин

the are

лас

with

honored Lordships Commands

signified in attr Vernon Smith's Litter of the 12th of apice last.

that he was directed

stating

to transmit

- ations,

A

far

our Consider-

Copy of a Despatch

which has been received

from the Goonnor of allotta,

The Rr. Toon ale

Lord John Russell,

C

Letter from the Attorney

General

enactment of the suggesting

Law

of

hvidence Ordinance, and

Letter

reporting its extisfactory

working since passed.

29th July +27 + Augt 1853.

...

سلام

لا گھر

!

!

163

!

Paper explanatory

of the circumstances under which it has been suggested by the Commissioners who

але лога

new

engaged

ad in framing

Dades of Laws for that Soland, whether it might

not be expedient to empower

the local Courts to

0-2

tr

try offences

the high seas,

and the Ordinary Gurisdiction

committed

:

beyond

of such Coutts,

ALL

board of

Yeasels houred to or comens

from places beyond the Beas;

and lo

request

would

report

to.

that loe your Lordship.

may

take

the rice which the

of the question at submitted in the paper anncard to the Governor's Despatch.

¿

Su obedience to your

1

Lordships Commands, the have

taken this

matter into cour

sideration and have the hovor to report that

eve are

of opinion that it would be advisable to extend beyoud the Territorial Dominion the Jurisdiction of the Local

Courts at chatta over

Committed at Sea but loe think that seach Purisdiction

affiness

can only be given by the Sonal Registative po

i

of

www

A1

respect to alcaltese subjects

board cleatiese tessils, and

Voritish subjects can only be made amenable to the

Surisdiction by

Act of

the Imperial Legislature:

!

:

and, whether

er en

such

Act would give effectiral

Authority

over Aliens

C.LL

av

board

British Merchant Vessels ab

Dea, does not appear to have

peceived distinct Judicial

Imperial

Decision. Whither the superist

the Colonial Legistature

nor

Qan

erect

-diction, over

Criminal Juris =

aliens for Offences

Committed at Sea in

Ships

V

>

164

Ships,

2-D-CAL

against a

although perpatiates

British Subject.

loe have ve.

1;

[S) S. Dodson

That Wilde.

4

¡

}

(Copy)

165

Temple,

May

31!! 1853.

were honored with

Mey

Lord Duke,

your Grace's

commands contained in

часей снима

Mr. Merivalé's letter of the 9th

instant in evhich lee stated he

was directed to transunit to

and act recently.

the copy of an act

ما

praforts by the Legislative of South Australia) entitled Au act to appoint

" district Councils and to define the His Graces

powers

The Duke of Newcastle,

:

!

&:

&

&

a!

I

F

166

" powers thereof"; lagattier with as report

utvelo

your Grace

had pecenied

from the Sand and

bommissioners respecting

Cegration

it.

W. Merivale plated also

that lie was directed to refer

ско

lo

the Act 9 and 10 pictoria leap

1641, amend

amendung

the Australian Evaste

Lands Act; and to the

вашия

от

for any of the peasons suggested

in the above

report

or

of Cerurie .

In obedience to your

Grace's commands, I've have taken

the several documents transmitted

to

us into our consideration, and

have the honor to report that

lve

Order

cir

Council referred to by the cond=

esivers, ands to

- missisiors,

would

ands to request that eve favor your Grace will our

quision whether the enactment con-

-tained in

Section 244 of this local

Act is void by reason of its

interfering with this appropriation

of lands belonging

to

the browed,

ало...

of opinion that the enadinent contanied in the 24th

section of the said local act

is void, by reason of its interfering wild the revenue of the brown.

It is true that, by

the

Statutes of the 6 and to Victoria bap

36, and 9

licenses

and 10 Vectoria bap 104,

·

+

way

how ands

be

the

granted for

of waste

occupation departuring

lunds

=

:

H

E

#

167

lands, but the

the provisions of the

Statutes do not

enactinent

as

not justify such and

is coud

which by vesting

proposeds,

in the local

cri

bownits the forver of appropriding

the revenue

evenne arise

appers to

Co

arising from waste lands

to contravene die

express provision of the 14th section

the 13th and 14th Victoria hap 59.

We leave & r

(st) A. C. bockbrom.

(+) Rediara Bakiell.

>

(loopy/

Sir,

Dodors Commons,

Helamany

Bleuary 17th 1855.

were

Mṛ

favored with Mr.

Merivalé's letter of the 5th instant

in which lie stated that he was

directed by Sir George Grey to

and Ordnance of

transmit to

the togistature of British Guiana) " to provide for chie management.

rent and

" collection of the Colonial Customs -

and to ask

The Right Rouble

Sidiney

exs

to

favor lund

Herbert, M. P.

with

J. &

!

:

J

A

with our

Oramaine

oficiion, whether this)

>

could properly receive

the conferivation of Her Majesty

Regards being had lo

the objection

pocited out by Sir Proderick Rogers

report

which

arr

on the Ordinance of

ораланс

extract

ivas annexeds.

Heat in connection withe

162

Sir George Grey by stolving

our

reason for that conclusion), and

peason

the aurendment which we

might

Muick required for the guidance of

lle

мама

Governor of Britiske Ziana.

In obedience to Mr

Serivale's request we leave taken

the Ordinaince unto our consideration,

that objection, M. Merivalez was

to

and leave the liquor to

• report :-

are

of ofusion

direct our attention to the provisions

of Bretisle bustous acts particularly

24 George 3rd

Cap 17, Sect. 17. 18 and

вар

19 ulichs appeared to bear on

Vie

pocit.

That plwould we

be of

confirmed, we would oble

blige

Sin

opicsson that the Ordinance coulds

pot be confirmed,

That we

that the clauses bb ands by of

this Ordmance cannot properly confermined.

ве

We conceive that the

le

bolonial to gustative cannot legally

exexces its jurisdiction besond

territorial limits ( 3 miles frouc

thee?

the shore for at the uhmost can

July do

only

this over

persons domiciled

in the loolony who may offend?

agquist its Ordnances

ever

beyoud

those limits, but not over other

persons, which this Ordenances assumes to do in the clauses in question,

and we acc

the out

accordingly recommends

musission of those claurs from

: the Ordinarice.

We have &"

F.

fot / J. H. Marding. (") A. C. Cockburn. (") Richard Bethell.

*******

обозность

M Blackword

I cannot say

I understand this case.

Has not any dipolt,

No. Disallowing ReStory

Kozy reidene erotiname, bren sind out in

pursuance of

W

Mr. Morvile.

I have del

reporting o

Ordinan

admission

testimony

am

V

169

delayed.

the Mauriting

the

fri

un own

till I had

ཐག་ཆ་ངའི་ཆབ་ཡི་ནད༽ ཐག of

the Queen

speaking to the Advocate respecting the

opinion given by the །“

a..

Officin upon

Storing Rong Ordenance

embracising a similar

Me mitas

object. The Queens

I make out the

follows.

case to less Adorcate deoved that

state of the

/1177

advised

7561

The Law Officers

of the Crown (!!),

a

:

a

fresh officine reference.

shoved be made and

The disallowance

Ken Ordiniame

-

Morey Kong

as Sie V. Rogers have bef

I

him a

Jenks 21.d

1

Redmance of similar

have a cendingly drafted megint you

requartid

Letter which I twinks, him to write drafts

explains the date

{

the

i

Cases

ас

of

The Hong Kong

Ordinance

upon the thes. Sain then / Beer last ( he has

had reason to think that it woulet. be fuefecutle that the

passed Hong Kong,

should.

to abolish judicine Ortho be amended,

in the

and

false

lse

case of punish

Ite a theno

འབ་ཆ་

Xis-alloned,

not

& that this

Law Office, efttie Crown

off

severdig should be invited to point out the amen-

endence. It is onia

to have worked well

and prevented prevarication.

But the Law Officer

...

object

= meals that

requisite.

a c

proposed Draft juobije

to effect.

Hm

object to some

details and re

there

170

the

report that

and

grounds other which they do

not specify the Onderance ༧རིངnཝ། རིན_ཆ་sw&ཐའ་མ།.ན..

opinion they give. (to the Forgir Office) without having

feer

the Letter in which

the Attancy funeral

of Stony Pony (9937 Song Kay) stakes the grounds of

policij Laur

on which the

UTLO

passed. of the principle of

the Law is unobjectionable

I conceive that (being

2

171

useful

ought

in the main) it

not to be disallowed.

but amended and that

Should

the Law Officer point out the amendmento

which

are

མ ཀ་་ཡ ཆ .

If it is illeque illegal

fit.

objectionable) in

and objecti

presciple (ie " providing

for

wxrwon

the admission.

mission of

Chine's testimony.

to be devall.

it ought and the 6th Van

may furnish

Vie

oured

cap: 22

some

grounds for arguing

that it is so illegal.

illegal. But

in

Cave

the leogulity

in the extends to the Condenance

in

རིང་ཡུ་ང་༑ ༡་༤པ་་ རང

Mauntin with the

sanction

O

The

ксеров Secutary of State And I bubein the Legislature of རི་ཀ་་ན་་ཀ་་ན་ལ་རིར་ང་

been recently authogia.

to pravo

Law to the

same effect.

myself

༡༩རི་་་ཝ་ལྟ་རི

have doubted

the validity of such

in

especialling Colonies as qui'd by

Cession

}

Cestion ་(%ད་

Conquest. The

doubt however hav

been felt and is

172

clearly been

recognized

a

a

doubt

by

Parliaments.

11. Joby

Bm 716

di fem

:

:

Arly 2.S.S.

Sie 7 Rogen 26. 14/57

18/57

W Mennale 26 16/oy

dr Dall

16

Mr Latouchen 17

WM

47. Мори Sex Er 7. Rogen,

Jee

spirits annexed.

Im

On the which, I ree

no reason for

comulling th.. 2. Art.

in this matter

Im

Anand 10 Maretfoy

2191

Saw Officers

173

11177. Furter Island By Hong Kong Eridinu abtiname

21 Feb/57

Sin

I am duicted by

Aa

Mr. Lecatang Labonelere

to

ot that in

request

tion with the

conjunction

d

Attorney Jeneral

Lid preaker Attorney Jone wens Aduscate PoliciAn fereral

Attorney ཝབ་ན་གི་རྨིག་ རིམ་ཡུ་བ)

you

will

fu....

l busin

with

བྱུང་རིང ༤ པརི་འ་རིཡཱན་༥འ་“འང

respectaring

Ordinance

the

recently paused by

Legislature of

and entitled-

chong chóng

རི་དེའ་ (ཉརྨའ་སའ་བང) ༤ the Law of

aད་བད་མའ་༽༽

Evidence and

Drines by Jung-

Some off the

two Ordinance)

provisions of this

I

Lvera

:

174

made

were

1 applicable by

A

Li

I. Bowin of to proceeden go

before Men Magitys

in China

hina and

Ordinance

E

account

до

Convuls

the

that

communicated by ཆའ་བའི་ནརིའ༽

him to the Foreign Office

and was

srbmitted for

your joint opinion

the

openiord officers of

m

the Law

The Gown

W Hammonds Letter-

M

the for

last

T

I've

November

от червез

Their

the 15th of November

of November

The Expresen blox the line

is tone and in the letter &

The Solo Ser: who was not Me one of the 2. bis when the was given. former Minion

Ihan onestained at the F.O. that then pziens

an right.

Thes your recom

Cheez

recommend that

the Ordinance phoned not

receive the sanction

sanction of

Her Majesty, staring that

Veveral enactments of Ordinance and in

partioil an

& th

av

ol an

the 5th

the

and

ar

objectionable

!

being at variance with

the Law of England and not as it appears to them

d in

festified

in their application

to the Colony

You udder your

libe

Their

that it in devorable

L

pinion that

ab

1

175

Cv

(དང、(འomhh,༴ རི་མt་

to

the buriinal Law in Her

Majati Colonies and

Lettlements in con

to

with that

Úོའ་་་་་་༽

conformitiz

the mother

of the

It is evident to Mr.

Laboucher that, when

waw

this

opinion ནད་་ར་ནས་

you

the Law Offraces of the Grown

had not before

before Them

any statement of

grounds

the

which the

principal provisions of

the Low (from $46,89

inclusive)

*}

!

inclusive)

passed.

I am the afore directed to

request your peruval of

* 9937. Anghong) the wacompanying paper

N144 79 sep 11-5

including two reports

from the Attomary prove

T

Hong Kong by which

you

mere

will see

that the

admenistering of an

ད་ཅིག་བམ་ཙ་མི་འཁས་ད fails entinly

to

secure bruth from Chinese

witnesses. and that the

present. to effect

is

attempt

et that object at

least in a greater degree

by dispensing with oath,

in

:

I

17€

in the

Ca se

Heathen

(as is done in the Sonitore's

T

the East India Company)

and

حه

facilitating possible the

of false

as much

Junishment

evidence and that

this method is stated by the Allomey forral to

have been hirberts remarkably

successful.

Under these circumstances,

and with

reference

to the

Imperire Act 6 Vie cap

22, Mr. Labou chew

wich to be informed.

world.

famat

+

To the attining and Solicita fareful malay

you

consider

font whe the

the provisions of any of

the above mentioned

Ordinance (and if

be

i

¿

which of them) to te

to be

such

༤、་ ༩༢

either be illegal

thank the Manguly

sense av

cannot lawfullyy

lawfully sancho

them

(རི་ཀ་ཕུན། །དོན་ ()་ནད་

(hཅན་རྣམ་རིན་དང་ཆོ་ག་ཅི་ཅ་པ་བད

the

withstanding

explanations of the Attorney feneral of Hong Kong) to be open

point of

ཀན་ ( ཟམ

objection

ཞི ་ ཚ་ མ་གོས་དི་ར་ ད་ བ ་ ད་

that

to

I am to point out

ïང

20

The

7

!

t

חדד

Ordinance

of 20-

November 1866 the

tame

པའི་རིང་ང་ང་ཎ་ཨ་རི་པ་ན་རི་རི་དང་ང་དང་ང་

referred to you minionjunction with the the Atttany forme

the the. Attamen ad folcnto forme

for your opinion upon with reference to a de

objection which

to apply

in

separate

ра

AATIKO or

འ་ཅག་་ ༤

to its 10th clause.

No difficulty

pot

will arise

giving effect to the

sed on

opinion expressed

in

clause of

11th 00

chi

the Ordinance

Letter

V

the

December last and

allude to it to

I neuly allude

t hos no

conperion

weth

point out that the

Keport which I am now to

bring under

under your

reconsideration.

Lesh

Gov-9937 thong

میں سورت

L

Lin

J. Bowning.

Enterect

177

1/28th Manat/27

I have had

under m

тиз

consideration

Firt Royen 19 march the Ordinance. At 15 of

E

it Merivale 23

Aswer is Maryf

6612

& do

a

арг

7178

Copy to FO. 18 Apr.

حن

1836 intituled

An Ordinance for

of

amending the Law evidence and trine by

Jury -

and I

regret

to plate that.

after

ll convideration

~ full

ration of ito

Wide MoMerivales litt to provisions. I have been.

› Authent

If My Laborechen 12? Mink thai the Great in airalleroid

Denun

This phron the wo paras. of the draft of? le

mit spicin & in L. Aqu

ausserh

the disallowan

of

бат во дома

# recommend that it

oblijed ion able to submit it for

should in dis allend

May

Her Mangutip panction.

there an

In the first clause

ཅད་གཟི་མི་མིས་ཐ༽

which will

༡“ཤམ་་་

alteration

1

}

alteration

and Idraw

your particular

particular attention

to it because it is an

uncommon

ཟད་ཝ་ཏ་ཆའ་བ་ད༽ རྩ་རི་ “འ་བའམ་

in Colonial Legislation

and

against which the fre

Hunfore

the Councie should be on

their

guard делал

The clause

the

adopts absolutely

provisions of

The Imperive

Oct 18 and 19 Vic cap 42.

But the 4th

clauses

and

5th

that Stature

of that

provide

that

in

persono

who

Foreign Countries make

false affidants for

to

རི་་་ཆས་དང་རིའར ིན་་;

purposes the

shall

3 172

T

shall be guilty of perjury

and that those who in quel

such

Foreign Countries forge any

Аста т

argiature for

the

same purposes or knowinglag

tender in evidence

a

a

document to which euch?

Read on a

is

ognature in affinch

shall be guilty of felom j

It is clear however

that

the Council of Hong Kong

ཚངའ་བ་ཆ་ པ (

Can

only legislate in respect of the Demiring to which Territory ito purisdiction is exprefly extended by Royal Parliamentary authrity

выдае.

and is incompetent to

impose

criminal character

T:

<

this kind

on

act

V

committed in

Countries beyond furisdiction.

Foreign

that

This is also

The Law

the opinion

the Grown to

Officew

༦ ༢ འམའབ ། །

whom this point

refered.

has been

porn't hav

th

thelau

The 4th and 5th clauses

the Imperive Act thenfre

showed not be adopted by

any

Colonice Legislature.

Stony

And the Comcil of Ilongg

Rony should confire stoelf to empering a penalty on all who may, withein

the

-וי---

it

In It Lois repel the cam of it Keng

24 F

Merit if,

Zeche Ess and h

Opinion is quim so much y Afreen to a lifed yo But I han hingar it

They perpen to alter mond materially the est Mished

179

the Colony, knowingly

Cams of England in respect of the tender in evidence

crime of Leying

and honch

1

12! premistalt as perginy

ажд

document

T

the nature

contemplated by

the

of

En Land

9

Which don ust avsnitte

that Share by the laws of Imperire Trature which

Jun if it by hi

itume withers 7th butasun

In found the to make

ھے

contains

(གཙ ༠ ༢ དན ི་ཏའ་མ ོ་

is supported by a counterfeit

b

2. M. Is sanction thei

Seal o

it umil din des

mon ance. I

h With a state the Milsteen opinion de righly disentionalte & Opinion (o de a. 1855) 4 insxpedient-

+Tanrit it.

A

a

It is quits repurppanti

14171

L

orgnature.

th

The 5+ 6+ 7

&

8th clauses

are

also

nistive to 2013

1

haliblement w'itin

and

considered objectionable by

inmahined circlesent to the the Law Officine of

ipen stall, if

anture, h made the subject of paying: chemes veien, if this astmanu true cantioned, imed to fu

The

brown on 'f grounds which

i

aj

A

stated in the

anneer d

thing at Borg k. is a dispent excernct from their Report.

Ming

гиб

in the rest of Amidominions,

"This is the Report of yo

859. Jualif

Reit.

hepat

1.2 7.0 of 15. Not. 1856.

Jad. & pom

ད་གཙོག་མས་ཆང་ན་མི་ཚན་མི་མིན་ཞུར་རང་ཆས་རི་བཅས་རི་རིག་ར

fit obfed to the

dont

22 && cxactments "(pre) to the rail.

4

fitt

admission

به

į

unpwon

admission of unpor lestimony but to inflicting the penalty of poging in

case

a seb

false evidence

which, even if gwehr under Wath, would not be liable

to that penaltig in England

Осо

your inform

m

that the Ordinance is

When these

geosend

My nos fron pleand to

disalar the orde han to dent

well I have not promulgate

J

:

you

working well

in the must neemt

The sea

to

3

as you enferm

Man

Stat

wit

You

thought

it ne

recommend it's disallowance.

It will therefore remain (перетат

in

force for the present

But I have to instruct

The code is anothing

lich le at libert & proum I reenactment of its Principal froisiins

iny however

modify

180

to

to prasome it repo rep and te reenact it with the

noodifications of the first

L

clause, which I have

indicated and omitten.

Amitting.

much of the 5th 6th yel

and

8

the clause as in сво своим

open to the objections

pointed out by the

00

Attormany and Solicitor feneral.

I have to.

you

without lope off

time

to

}

:

1.145.

Excentive.

Answered 13. Nord 786.

اندار

REC

9938 chung cưng

NOV 3 1806

Kong

181

Tovernment office, Victori,

Fong tone, 9 Veptember, 1850.

I have the hour to forward to

You Copies of a concepondence with the now official Suctices of the Peace in this Colony, originating in an Circular Memorandum which I

felt it my duty to place before them as it appeared to me that the authority of the Law was absolutely

1

ect at naught by the retion of

Right Honorable

Heung Labouchere, M. P.,

Yc..

tc.

Fr.

t

the Magistrates

The absence of Mr Mercer Colonial Secretary at Macao by reason of ill health prevented a formal inceting of the bxecutive "Connell, but. I obtained both from Flonel Caine and M. Merca

a general concurence in the views

ut forth in my

to call

Circular.

I should be more disprzed

your

attention to what I

foleem reprehensible in the conduct of M. Mitchell the Arcting Thief Magistrate of Police, did I not

expect that the early arrival of Mr. H. J. Davies will relieve the

Government from similar

1

182

Embarrassments

for

the future.

I have the hown to be

in

With the highest respect

e'iz

Your luat berieut

Humble servant, Shu Bersens

!

993d H.K.

W Ball

This correspondence threatens

me e

tot endless, & seeme to me

182

exhemely

damaging to the influence of the Coral pornment in thing Kong. that Fir ). B. is fundamentally in the

"and

right I han little doubt, but in thus bandying memnanda "minutes" against the "pustests "of the Coral magistracy, he is diminishing the force of his out cause, the Seir of state with matten quite

вирод

his

Coprilance.

Lower.

x

wearying

I think shictly steaking tat

the justices

are in the right

in their

complaints of his ) Barsing's dictation, to them in their judicial capacity

L

Canquap

(p. 57. d.) his language lose cintarity incantions a rather posiking

I might, it seeme to me,

b

Metoria,

Governor Sir John Bowring

9th September, 1856.

Yu. Rt. Arite Herry Labruchire, MP.

/ Melizure.

N: 145-

with the

Submitting

Pescived.

Correspondence

Contrary to Law.

Certain triagisterial decisions

of the Pence on the subject of

Official Instices

PENS

Mi Meroute. This abaterment of Nuise

is productive

rate

effectual .

at any

a good

means

hope

deal.

окоизра

comes frondence.

the Governor has takes the most of getting

Vestires to

the Je

Act - I think myself that what must be

virtually rega

arted as

seaceely the best

them to more

Co

way

public censue

to perscade

repection Che

:

Wild, that the Sear of State comens

fully in his wish to have the law strictly enforced in matter of sanitary superintendence, & such

Wheel Le can

scarcely overval, the

can kare

importame of that subject.

the case

in

Ą

а

ity cinturonetanned like Kel

community of Hong Kong.

Ital be pratly repots it; if

wither local frequctices, i schutame to employ vigoran

mere

Zan inspeded the Exention of the las by there to whom it is entrusted, & hopes that do wch infestoint

Conger rxists.

lurry

1

Nat be munt Lavem shem, tal comments, on the fail of

the masson in whit

The Exentin

mapitate han dichaye Beir pudicial functions, can manicly tr

service

184

Called for a of samice to the publi

But Nal to the Exerin of

Une pisticial functions ought to be

subordinate in the cloes! manne

to the authority of the higher hitunes. Nat if therefore (as stuld seem from the representations of the tastey) the Existing Cars don ait assed the publes sufficient suarantees in this respect by

the proceser of mandanus

Through

сид

certiorac, the pist step would appear

to be for the Legislahue to remin Kore difficulties, & to under pislice in Hese respects

ал

cheap and acutible

for the brown, acting

or half of the

publer, as for individuals.

And farther, Weil which he

Ruld abstain

ar.

/ar

91

köhälle

Lome interference in their pioticial

י

!

--

H

י

functions, the former is fersedly

home

pistified in Exacting him thö

mapstrates due alteration to the

duter

of

their office, & Ex-

Expor Enforcing

h

Gomernor

Lie John Bowring

No 129

No145

9938, song trong

185

Eutereit

it if need b.

Nat to Satonbere tunt

be

there direction with hi refficient for

the masion, & that it will

unvensary to houble sim with

details of conesfondare respecting

differences Whween the Corul authorities,

on which no special fommt is raised for his determination.

In Labouchere

HM. N. 6.

Iconen as to the reply Hawwith ho merele.

I is

fire however to observe that in point

magistrates (influenen

of fact the conduct

The magis

by direct personal interest) has been gropoly inseropen a illegal - Infortunately the three puictionaries with whom they have had to deal -

Sin J. Bowning

for Anstey

respects acted

& Captain Comper have all thin dome

without supperent-cantion & judgement

M & N.

I appere of the Handle's suspections M

M. Mericale

11

No. 56

Mr

M. Ball 12

18.

13th November 1856

I have to acknow

M. helghaloncher. 13th heiligy your Respatell N.145

the

A. Mer 7th Sept. last, forwarding

copies of a correspondence with

the non-

sion- Official Justices

The Peace at Honestlong,

of

on the subject of their conduct

in the Exercise of their dating

under the Ardinances for

The regulation of Buildings

ļ

2.

and prevention of perivances

2. I fully commur

M

Sour

wish to have the

law shielly enforced in matters

of sanitary superintendence,

and feel that I can

Can Scarcel

seavily

Overrate the importance of

That subject

a comm

in the case

in

amaniliy : Stanced like that of Sony Morg: and.

ད་

3. But I Should

Greatly regret if wither Coral

prejudices,

on

mere

reluctance

ashon

to employ rigorous

3 18€

18៩

have impeded the Execution

Whose

of the law whom it is extrusted, and

hope that so much miset:

bont and longer cristo.

هاب

I must, however,

observe that comments,

The part of the Executions,

Δι

The manner in

hi

एस

Erich

Magistrales have discharged

their judicial functions.

can garely

garely be called for

be of service to the

public.

بچو

The

Exercise

1

1.

4.

This Judicial functions

by magistrates, ought to be subordinate,

in the driest manner,

in

To the authority of the higher Tribunals. And

of, therefon, (as brouts

deer from the representa:

- tions of

W. Austery

The wanting laws done not

afford the public sufficient

in this respect,

m

Guarantees ni

through the proceses of

Mandamus and [ectionari,

the first step would offens to be for the depositature

lo

remove

1875

Those difficulties,

and to render

sender justice

instice in

these respects as cheap and

accesible for the Crown, aching

on

behalf of the public

as

for individuals.

5. B. I must furthes

observe

дни

From that Dhile

Jon 220

abstain as far as posibés

from interference

in their

Iudicial functions, you are perfectly justified in reaching

from the Sengistrates due

attention to the duties

Their Office, and enforcing

if need be.

L

6.7

I List han

That these directions will

be sufficient for

The

Occasion

and that it will be un-

: massory to forward to

me details of corespondenc respecting differences between

Eh local authorilic: on

Dhich die special point

to

so raised for my determin

:nation.

į

Copy.

Jir

In 9932/56 182

Atoma Sinerals office,

Muy tours, 155 August, 1880.

I have the hour to wint to As

Meellence the forum tit, upt

receiving yours of yesterday, "cuteren

Ca

very minutely and

carefully with the deans Surveyn Sexual into all the exces of conrlaint against the Magistrace with respect to their souperformance of the duties imperatively impored upon them by Ordinances A8 and N 12 171856,

for the regulation of buildings, and ways, and the prevention and abatement

L. d'Almada e Castro, das &

Acting Colonial Ceretary-

{

.

!

12

nuisances

I had previously certified my

where a common's

opinion to be that, where

had been merely refered by the Bench,

Mantannus

was the onl

the only remety, and

that a Certinaris would not lie on the

question whether a Certiorari, might

be practicable where, a Summons Bering

been granted, had been subsequently

dismissed, I expressed

myself with

fully

recove; not having the frets, before

Mue.

I have now to state that in

of the present cares is Certiorui

none of

an available remedy, and, (the Summonses having been dismissed upon merely preliminary objections taken by the Magistrates themselves)

>

>

189

3

that Mandanus is, in the latter slave

7

enres, as in the former, the mode vindicating the Low; and (21) that,

of

if

ever a

_

Certiorari shall have to be

hought at the Suit of the Crown in

case arising under the summ

arising

Summary

Jurisdiction of Justices' Ordinance, - !

after judgment, - it must be under

the

-

prerogative of the Crown slowin; that faulty and illronned Ordinance- (110 of 1844) having by a curious infelicity of expression, cxcluded all by Artiorari in such cases,

removals

by making it necessary that an arclication shall first be made to the convicting Justices.

The requisite affidavits Laving

4

J

IPT

4.

been filed and lodged in this Court

by the

Acting surveyn General and his

ичуть

Clerk or Foercer of Works, Mr Scott,

the one in the ense

Mr Duddell, the

ther in that of Lye Ating (Mr. Andern's

: Builder) I today obtained, on motion

in open Court, Rules absolute in the first instance for twos Mandamures "requiring", in the first case," "W. I. "Mitchell, hey's, H., and Charles Mary hey & He., to enquire ints and adjudicate upon the complaint of William Cooper hey& Ho., against beorge Duddell for Tisance by him committed within "the intent and meaning of Adinance 1.8 of 1858 Section 15 in continuing

см

مة

Incroachment by him theretofne

190

5.

made on certain Gown Lands situati

in Victoria in Houstong, and also

pas

unts He said William Fowner

the cats of this axrlication, and of the "Mandamus, if ismen, and of all

issuck, Precedings which may

Le had thereon,

and in the other case making

a

siruilar requisition uhru MP.Mlitekeli alone, - 'to enquire into and adjudicate upon the complaint of Fresh Serth, 46 1 "against Lye ating fo "by him on the 2=

a muisance

day of August 1856

"Committed within the intent and

meaning of the Sections two and "Eleven, in proscenting certain works "in Lyndhurst Frrace, Victoria, t., "contrary to the provisions of the said

}

6.

Arbinance. And also to pay 'suid Hish Scott the Costs, te!

to the

to

The thrt Justice was at first

Thiet inclined to issue a Pule Misi, but,

on my directing his attention to the late Common Law Procedure Reform Arinance, and to His Excellency's

Messing huctructions, as conveyed yours of yesterday, be made the Rule absolute in the first instance. His Endship remarked, with regired to the costs, that, in the care of Lye Ating they were clearly payable by the defendant who had made this (asslication necessary by persisting in a line of interpretation after the

of his judgment had been

7.

191

pointed out to him, again and again,

and even by the Legislative Council;- "but that, if the Magistrates could

show in the case of Mr Duddell, that 'their Aron was a

boun fide one, s

"Kought that it would be hard to

were

'visit them with the costs in that "sase also; particularly if they now to render a prompt Bedience to 'the Whit, and make return that

they "had obeyed it! His Endhip added that he was altogether of Opinion that the lagisterial decisions in both

'cases were

against Law; - that the works in Lye Ating's case having "been procented since, although "commenced before, the passing of

:

8

و

{

Adinance 857 1856, were nuisancıs

within its meaning; - that the

continuance to a

A any

to a si

single day of that, other muisance, was a distinct

and new

Offence; -

that

the

muisance was not affected

Lay's

உஉ

ni

مان

(prejudged by any adjutication previous day's nuisance; - and that the "Duty of the imagistintes to deal with The Inddell's encroachment upon "Rown Land", was a Statutory obligation which they could not decline "pretence of a title to land being 1 quection"; _ affirming

argument which

own

indeed

was

горон

مان

my

that they

[were bound to enquire into title in a case, or how else could they

such

192

accertain that the land encroached

or no?

upon was Gown Land

His Lordship concluded by assenting to another observation of mine; viz. that I nad great hope "that, having thus clicited the pericial 'opinion of the Supreme Count upon their crronsons proceedings, the Magistrates will, in future, submit "themselves to be guided by that Spinion, and that, instead of resisting

the

Mandanus, they will obey it and make return accordingly?

Provision having

now been made

for the prosecutors' Corts, I have to submit that, as there is no Grown

Soliciton here, and the duties

of

i

!

!

10.

Corespondence, attendance at sublie offices, and the other incidents to the

character of Attorney for the proscentr

[re quite freign to my

habits, and

the etiquette of my position, Vicmber of the other branch of the

profession - I would strongly advice

that it should be Mr Cooper Turner -

be appointed to act without delay

ре

such and

as en

I have, He.,

(Signed) T. Chisholm Anstey.

Attorney General.

True Coppy)

Colonial Secretary-

NOMETRAI AL

7

"

193✓ (Copy)

12:

Return of the attendance of the Hon official

date of the last Commission on 10th October

Names of the Dates Nervofficial Justice of

of the Peace

Attendance

1855

Attendance how Obtained

J. C. Lesbic log: October 23

log: October 23 not known

1856

Fanuary 24 By the usual notice.

Do

Ar And description

of

Cases Investigated

1 Cause

2 Causes G Causer

в Самоко 3 causes.

crime

Arind Avil

Cimb Avil

15. 197

Justices of the Peace at Telly Sessions, since the

1855.

Whether associated with any Official Justice or Justices

And with whom.

How: C. B. Millier.

Non 6 13 Millier in one and he and hirmay in

the other

Mr Willier

Mr. Hillier in 5. And he &: may Mr Hellier.

Remarks

J. D. Gibb Esz

A Fletcher Esq : February

Do

8 Not Known

6 Causes

Crime

De

April

Do

De Do

6-

Do

18 By this usual notice G.

Do

19

Do

J. C. Bowringlag.

24.

Do

1 Cause

Cumb

De

25

До

Avil

Crime

How J. F. Edger

J. C. Leslie,

G. Lyall log May

R. C. Antrobus

Horn. J. Pidger. Gdyall,

Mr Camond by June

R. C. Antrobers

23 Bry Special request of Cases - Crime

Mr Willier.

Mrr Mitchell,

Mr.

Mitchell.

2

Go

House - Crims

Some Copy

m

Acting Ching Magiskate.

Chief Magishate Office,

Victoria, Hong Kong

18th August, 1858. Cook Secutary.

(Signes) W. M. Mitchell,

:

14.

:

//

(Copy) (Copy)

15

195

Chief Magistrats Affor

75 the

August 1851.

Return of the Morrants

of

issued or Committals

amittals made.

by Now-Official Justices of the Peace, Since the date of

the last Commission on 4th

October 1855.

None .

/ Signa /

W. M. Mitchell, Acting Chip Mugishak.

True Copy,

Atuurür

чи

Colonial Secutary.

કું

I

16.

(Copy)

Leyt

1

The Honorable W. T. Mercer, The Hormati I. F. Adger, 2244 Charles May, Say th Fresh Jardine, regt George Gail ray

John J. Gibb, hy

1

Charles F. Still, hope

R. J. Walker, ruce

John Rickett, reque

W. 6. Mitchell, Esz

17.

19€

Ц

P. C. Antrobus, E J. C. Leslie, Ingre Angus Fletcher, he, 4 A. C. Maclean, Esqu Mm Lamond, Eest The Honorable P. C. Anstey Rest

Sam Gray, hass

M.

John Scarth, br

Cartai T.V. Watkins, R. N.

Memorandum.

In a Commission issued, n the

on

on

4th betober, 1855 by bis Precilenen

The Governor, Thirteen Gentlemen

were nominated Justices

of

the

1

Peace, - they not being invested with other official Authority. Thi

1

ايد كم

18

number has been augmented by enfequent Commisions to Fiftiem in all.

His Resellener has canun

Return to be made of the number Attendances at Petty Sessions since

the time of the issuing these

Commissions.

+

He finds that one gentleman Sis attendances, five

given Siz

Gentiomen have given

two attendanes

and two Gentlemen one attendance,

while

seven

Gentlemen have

us attendance since their

ใบ

appointinent.

given

He has to remark that there

have been

only

two

occasions on which

sume than

/lunc

197

19.

one Justice has assisten

the Stipendiary - Magistrates with

their

nce and advice.

cience

On these two recasions Four

Justices attended, three of whom

for the free time since

at time since they were

suan in

been

The

are stated to have

present at the special request

T the Acting Chief Magistrate _ and

on the

first of these recasions (the 23?

thin Man I there was as

I

May)

it

appears

A

unanimous concurrence in a

decision by which in the judgment

beellency the obvious intent

of His Reellency

the

and meaning of the Law were — abrogated and annulied by Action of the Bench.

1

20

in

On the 2nd June - invited

again (as is Officially reported) recially by the lieting Chief Magistrate

tve

three

7

the Justices who had been

present at the sitting of 23-May-

and another Justice, who took his

Lest then for the first

the first and only time in which he has ever acted formed the Bench, and then Justices supported the Chief Magistrate

-

again

in

give effect

is

his determination not to to the Law. Itis Excellency informed that one of the Justices present - a recumber of the Legislative Council, distinctly pointed out to his Colleagues the error which had

• May,

been Committed on the 23??

21.

192

and which had been the subject of to the Legislative Conneil-

reference

om the

from

That Gentleman of coure discented

the conclusion by which a majority cooperated with the Chief Magistrate in his extrandinay cource of proeceding

For the maintenance of that Supreme Authority of the Law which, in the great interests of the whole Community, every Government is bound to provide for and of which all Justices of the Pence are expected to be instruments and auxiliaries,

for

His Excellency directed an application

a Mandanus against the Acting Chief Magistrate to be

!

22.

applied for to the Chief Justice

in the

the Supreme

Court

of the

of

Colony which Mandamus has

granted by His Aoun calling

been

upon the Thief Magistrate to enforce the Law_ Its

accompanied

granting

as Stis Excellency is

was

on the

informed by a declaration from

Bench that "the M.

were

sterial Decisions

against the Law", and

(was recommended)

a

prompt obedience to its requirements

Stis Stowo expressed a hope

that there would be an immediate

and extisfactory return to the Mandamus showing that there is no disposition to overturn the Authority of the Law, but rather

t to its

to give effect

23.

199

provisions. His recellency concurring in that wish, and desirous of promoting

that unity

of purpose and of action which should undoubtedly be the

all who are invested with

object of all was Public Authority for the maintenance Law and order, has directed this Memorandum to be circulated

among

all the Justices of the Peace.

By Order of His Excellency the Governor

with the concurrence of

the

Stonorable Members of the becutive Council,

(Signed) L. d'Almada e Castro,

Comment Offices, Victoria Stoughing,

19th August, 1856.

Clerk

of

Councils.

(True Copy)

Colonial Secretary.

E

!

}

$29

F

}

2

24.

(Copy)

Siss

you

25

200

Hongkong 26th August: 1888.

We have the honor to address

with reprence to a Memorandum

dated 19th Instants, addressed to

the Justices of the Face of this

Excellency

Colony, by order of His Sporttenay the Govers with the concurren

lyovernor,

лат

of the Honourable Members of

the Executive Councils.

The first fours paragraphs

being of a general nature we pass over for the present but

the remainders of the

The Monerable W. Y&ercer, Esgre,

есел

Colmials Secretary.

2.6.

Memoraridurre demands more

particular nolice from u us as the Justices immediately alluded to

therein .

Whe deem it unnecessary to enter into any discussion regarding

the m

merits of the cases to which

particular reference is made or to

the decision at which we arrived,

after careful deliberation.

If the

complainant

Aba

dissatisfied therewith recourse

was open by appeal to the Supreme Courts .

Me cannot however

as

permit the charges and insinuations contained in the Memorandum

to pass unnoticeds impugning

they do our motives of actions

24

201

as

while sitting on the Bench as Sinn Apagistrates. Sevor

We observe that in the

"Judgments of This Callency this " obvious intent and me

" of the Law were

Umeaning

Law were abrogated.

and

"anulled by the action of thie Bench, on the 33. May, ands,

that on the 2nd June invited _.

againta s is officially reported)

(asis

" specially by the Acting Chiep Magistate three of this ferstions " who had been present at the "Sitting of 33rd I say and another Justice who took his seat there

PALLIATI

·

!

!

" for the first " which he has

d

and only time in

ever acted, formed

"the Bench, and thuse Justices

گر مو

again supported, the Chope Fragistrate in his determinations not to give effect to the Law

" and cooperated with the Chiep Magistrate in his exhaudinary

" course of proceeding.

We Know not be what= course of reasoning His Excellency :may have arrived at these

conclusions, but while we with all due respect indignantly deny the imputations thus cast upon

challenge the

our motives

coc

right of His Excellency, The

Executive Council or

or a

any other

202

Authority to dictate our course

of action while on the Bench or to publicly question in such terms our decision when givers.

We would also point out

to His Excellency that the inference which may be drawrs from the Memorandum under nolice, that the writ of Mandamus issued

mus issued by His

Monour the lhief Justice had reference to the decisions of the

Justices on

es

on 93. May and, 2nd June The question

is an incorrect one. The

submitted to Sis Monour was

whether under the Ordinance

1

rag

ليد عايدة

30

N 8 of 1836 as Magistrate could decline to hear a fresh complaints

on a case which he considered

а

lready decided - Ch is Monour

decided that he could not refuse

to hear such a comm

complaint and desired, the Acting (phiop Gragishate and Mr May to

enquire without delay into the

Cor

: plaint and, adjudicate

therem, but so far as

s we are

able

to learn His Honour from the

Benchmade nor

And

reference to

& gave opinion upon the

93

decisions of 23rd May and 27 June.

Reflections, involving

sher upon or

a

character, have

been cast upon us for which

lve were

quite unprepared a

feeling duply their injustice

31.

203

and,

cve

have submitted our conduct in the cases which have givers rise

to them to our Brother dustices

whose opinion thereon will reach His Excellency in another forms. We have to,

(Signed) Ger Gyall Thot & Teslic R. CAntrobus

Wm Lamond.

(Freee Copy)

nut

Kolonial Secretary

}

!

!

32

..

¦

*

:

Cory.

33

204

مه نارا

Houghtony, 26€ Suquet,

1850.

We the undersigned, I'ustices of the

Pince

for the Brony of Houghtong have the hown to acknowledge the recipt

the Memorandum verned by His Excellence the Goverun under Late the

#

19* Instant, addressed to all the Members of the Commission of the Since

as well official as now-fficial,

A meeting of the ductices, duú called by, Circular, took pince the 25+ Istant, for

The Honnable

in

the purine

Re Konini Scenetary of

عا

1

!

You

ид

:

!

34

taking the humnandum into

wwas

consideration. The meeting attended by the undersigned, and by the four non-official Justices specially alluded to in the

the

the

lucmorandum, comprisin whole of the non-official Justices in the Commission, at precent in Colony, with the exception of one who was prevented from attending by indisposition. None of the official

custices attended. The

The grave

importana of the imputations made by His Excellence

His Excellency in the Memorandum and of the principles involved in it, compelled

Mir

most serious attention, and we

veq se

35

205

respectfully to submit to his reellency the following obervations

in resty.

The remarks in the Memorandum

of

attendances

regarding the Return of Justices at session's appear to imply a complaint of neglect of duty on the part of many of them

most respectfully

and we

bea, m

лед

to

remind His Ancellency that several

F

the Justices in the mesent Commission declined to accept office

under it

it were

if it

expected that they

should punctually attend at the Pitty Sessions, or if their nomination

were intended exiefly

purpose

iy qoz

that

It was conceived that

1!

IP

H

36.

the Arcointment of stipendiary Magistrates in the Ellory superseded the ordinary duties and Services of the Justices of the Pence in Sessions. In

57

that view Yois Speellency

concurred in

Mency coneu

instance in which it was

every instan

stated, and it was understood that

the Justices

were not

expected to attend the Petty Sessions, unless

invited to do so upon the occasion of

Extrantinay

Cares on

erming

for

adjudication. Notwithstanding this, His Excellency having thought

it nee

of

uccessary

to call

a return

attendances at Sessions by the

sion - Official Justices, we deemed

Auth-

it nccessary

to make enquiries

as

20€

to the attendance of the Justices "holding other official Arrointments"," and who, being in the immediate Service of Government, might reasonably be expected to pay

37..

least pay ad

the same attention to their

Mon-

Magisterial duties as their - official Coadjutors; and we found

that there had been no

attendance

by any of the Justices holding other official appointments, if we creept the one lay member of the Legiziative Council. So far as

as we can

ascertain no non- official non-official

uson being

Justice

!

being applied to to assist the Stipendiary Magistrates in cases

of importance, declined to artend

1

i

38.

39 207

but two of the Justices holding other official alcointments, upon being asken to attend at the rearing of me of the

the vern ences named in the

very Memorandum, declined

hclined up siex of dressing fasinere.

upon the

WE is

the

not question that plin, but we submit that the conduct of the non- Official Justices, in this particular, contracts fromably with that of their official brettern.

it

remarks

be objected to there reme

that the nature of their offices

Irevents the official attending at Lissions

Sunter's from

at Sessions we should to

be

glad to be informed for what purpose, different from the others, they

they were

included in the Commission

His Excellency is ricased to

идить

state in the memorandum that certain of the Justices on the 23th of

May

concurred with the Acting Chief Magistrate in a dechin "by which, in the judgment of dis

"Excellency, the obvious intent and

meaning of the Law

Law were abrogatek

" and annulled by the action to the "Bench: that

that again,

again, on

on the

the 2mm [3D] the Justices

of June, certain of "Supported the reting Chiep Magistrate

"in his determination not to give "effect to the Law," and "cooierates with him in his extrandinary "source of procceding :" Those statements

202

bring tantamount to a charge of deliberate perversim

perversion of Justice

and

violation & their onths of office by sertain of our fellow Magistrates, we felt bound to make the most

carétní

enquiry

into the

J

the course of that

e

ase

facts.

ets. In

enquing we

certained that some corre

A

correspondence

had taken place, brevious to the iscuing of the Memorandum, between the Government and the

Acting Chief Magistrate in respect

of the decisions

of

the Bench on the

two occasions in question, which

correspondence being called for by the meeting such portions of it as

arry reference to the

contained

the Justices

were submitted to us. After careful cuouing into the wide circumstances of the care, as

detailed in the coeciondence and the statement: made to the meeting by the four d'u

four Justices referred to in

the memnandum, our unanimous rinion is that the allegations sunde

by His Seellones have

whatever.

ve no

of

foundation

Аль

The cares for trial on the 238 17 May and the 24 [30]. Live were of vital imsortance to the Community and to the most material interests

of the Colony, and the judiciaí

examinations in these cares a crear

to have been conducted with

to

мо

!4-2

F

the writ conscientious regard to a just and true interretation the Law: Extrandinary efforts indied made by the retins Chief

were

strate to secure the cooleration

Magistrate

of other Justices

on

those recnsions,

but to what purisse? In the

on

rurione, as is alleged, of abrogating

and

annulling

and me

úi

the Lovious intent

the Law? Mo: But

meaning of the

in the purpose of giving

the most

corusulous and careful counteraction

a

to an Ordinance that had only chout time before been passed, and

of securing, in as for as it lay

his power, a

and equitable

in

just and

decision in the cases

arising

under

it which were then before

43

/209

him.

It may be that the return

лили

attendances called for by Dis Seellenes, and the remarks made

of

thereon in the remnandum were intended not to form a complaint

of neglect of dute aquinst the

Justices

generally

but to invest

D

the sittings of the 2383 May and the 2th [35] of June with an

usual artcaranec; in trat case

unusi

we bea,

by most repectfully to state that the impression conveyed to our minds by that unusual

appearance is

very different from

the impression made uton Áis

Spellency. His Excelliney

sees

464

nothing in it but a determination

on the part of

the acting chief Magistrate to subvert the Law,

and on the hart of the distices to

E him in doing is

susant

is; we see

nothing in it but an anxions — desire on the part of the Magistrate

to render his decision

as accurate

and sound as possible, and on the part of the Justices to assist him

It is in the highest

therein.

1 degree improbable that in Magistrate possesin by preconceived determination not to give effect to the Law should seek to hamper himself by calling to the Bench a number of colleagues

4.5.

210

whose Frinions he could exercise

MEL Wir

12: contid and who were lacessin

مازکانار

Iconal howers on the Bench with Linselt; yet Mr Mitchell, not rule

only

did so, but, wxon one of the occasions

in question, he specially requested

that

you yourself and the attome General - both being members of the Legislative Council - would be pleased to assist him at the hearing of

the case :-

if any thing

were wanted to show that he

acû

was

vers for from being remated à"determination not to give effect "to the Law, surely this should suffice

It further

notice of the mice

came under the

ting that

whon

:

!

J

46.

woed

both of the occasions in question the Bench recially and repeatedly the Plaintike to remove the case writ of Certinan to the Supreme Count, not because

by

doubt was

very

entertained & the Justice on

F

legality of their decision, but

because it was

the greatect

ince that the construction

consequence

& an Ardinance afficting interents of great magnitude and so ambiguous in its termus, should at race be settled by the highest judicial authority of the Colony. - Considering that the Plaintiff

both occasions was

Lorry.

m

recasions was representing

representing

of the interests of the Crown it is our

humble

ute opinion

4.7.

211

that the course

recommended by the Bench of Justices would have been not oný

more concet but more just ann dignified than that which His Acellence has seen fit to purene. We do not feel called upon

to express

as to the

any opinion

opinion as to

construction of the Groinance

under which the decisions complained

F

were given;-

given;- that

may possibly come under the notice of the

Government in another form. It

was not necessar

necessay for

من

to as more

than satisfy ourselves of the intentions of the Bench in those decisions, and that they were good, and not-

1

.

48.

cvil as His Excellency is pleased to state, we have received ample testimony. I communication to the Government under this date, by the four now official Justices who joined in those decisions, was read to the general meeting of Justices

and received its unanimous

approval; and we now

now respect

respectfully veg to inform It is Excellency that while we most sincerely regret being compelled to differ from him

this subject.

in opinion upon

upon this

we

do most endially and fully accent to and confirm, in every particular, the view taken of His Excellency's Memorandum by those four Justices,

and the

49. 212

opinions respecting it appreced

in this Communication to the

Gremment.

We further surt

respectfully by to inform Ais Beelieng,

that we not

mily appone, in all respects, the Conduct of the Acting Chief Magistrate

and the Justices concerned

upon

we

the

recasions in question, but that have the most perfect confidence their unbiassed and conscientions

ee in

integrity of purpose in administering the Law generally in their official Capacity.

His breellene

was

pleased

to conclude the Memorandum with

an isbatation to the Justices generally

to oberve and promote the unity

!

I

50.

of purpose and of action which hould undoubtedly be the soject of "all who are invected with public

Authority for

the maintenance

F

brides! We bey recrectfully

Law and ode

to assure His meclling, that is long

as we remain in the Commission

the Pence he will find in equaly with our

us

of

find fellow Justices who

his

form the immediate subject of "Memorandum, perfect unity of purrose both in maintaining new and order which is our

privilege resisting all

and in resisti

sand duty) and in

improper interference with our

and interentence of action

freedom

an

in that respect.

& is not merely

57.

212

our Prinion

but it is a univuically recognised

axiom / with which

we cannot supose

His hecellence to be unacquainted) that

a

مندان

Magistrate in his official caracite

on

F

the Bench is surain to even mumber

decentive -

the brecutive and to any

Council, and not only need not, but

dare not, submit to

n dictation,

even

am interference

by a higher judicial

authority, creest in the regular course of asseal. We mat deeply right to recognize in Ais breelleney's

Memorandum

an unconstitutional

and unjustifiable attempt to interfere with, and dictate to the magistrates

this Colony in their judicial

in their judicial capacity

of this Colony

52

and

Lie

for Ais meelieng

respect

feel bound, with all reqrict Secciency and deference to his Pinions, to record our cinslatic protect against the dangerous trinciples

schon which the memcandum trad

and

Ju

with

nst all attempto whateveren

against

the most

part of

the Incentive to interfere

on in am way restrain or influence, citter directly or indirectly, the perfectly free and inderendent action of the

Imagisterial Court in this Colony

assure

In conclusion we beg you

will

His Insellancy that while we have

this as freely and faithfully,

demanded, submitted to him

مان

the recasion

our

sentiments in regard to the opinions His Excellency has expressed respecting

the Magistracy,

53

214

we are at the same

time fully impressed with the dignity

of his office and sensible of the duty and respect which

which

are

owing to it, and we will always gladly render.

We have, He..

(Signed) Sam Gray, C. I

Chairman of the meeting

"

"

K

of Justices of the Peace on the 25th Instant. I. Sardine.

A. C. Macican.

C. Z. Still

John Searth-

Robe S. Walker.

I'm Rickett

John D. Gibb.

Any Kay

:

54

Hong Kong 27th August, 1957. Arring been unavoidably absent from the Miceting of the dustices of the Ence on the 25th Instant the Justices

present at that inceting have

submitted to me ・

for consideration

the foregoing letter, and I hereby signific

my full

concurrence with and

ll en Approval

the views

of the

resolutions which it

opinions and

expressis.

(Signed) Augno Fletcher, I.P.

Улис

(True Copy)

Colonial Secretary-

Copy.)

Sir

55.

215

Attomey Ipneral's Office, HongKong, 30th August 1886.

Reginar 4. Mitchell - (brandamos) Shave the honor to calify this

Excellency that the fustices are in erron if they doubt the accuracy of my report of what fell from the Chief pestice in this case, on

les

se, on granting the Rubs Absolute, or if they think ___ that the Court made

то

allusion to their erroneous

decisions in Lye Aling's Case.

The Honorable,

The Colonial Secretary

The affidavit of the prosecutor, Ihrs Scott; disclosed the ground, of the defendant's refusal to hear the case; viz that the same had been " already adjudicated upon; and it : rebutted that pretext-bey showing that the said adjudication look place

the

day of _ and proceeded.

on an erroneous interpretation

upon an

of the law by the Justices ?

I have

1770

?

copy by me of the

affidavit but I am positive. that such was the sense, for I prepared the document ___ The Chief Justion said, -

216

As to coets in Lye Aling's Cale

there can be no doubt that

"the Defendant must pay them . He has no excuse. It is

within my Knowledge, that

The had the unanimous

opinion of the Legislative Council certified to him that the first decisions [ by the Bench of Magistrates was erroneous at Law. de persis

ве

ling against that advice

_

" he has made the present "application necessary. Shope now that his retion to the "writ will be to obey it = "

I have no hesitation

5

in repeating my already. expressed opinions that the Ordinance of 1844 ipoludes the brown from the benefit= of the Certiorari thereby given to offenders, and that =

ons may

of it's provisions

one

be so

used as lopender abortive. any Certiorari, which under the prerogative of the brown,

n, may

be issued independently of that Ordinance Mandamus

therefore was the only remedy.

Inr. Imitchell was

e of.

well aware o

of my

opinion when he advised

the justices otherwise.

I have te,

50

217

(Signed ) I. Chisholm Anstey

Attorney General

(True Capy)

Colonial Secretary.

:

i

:

ין

fo.

די

(Copy)

י

61.

212

F

Minute

By the Honorable the Colonial Scenetary.

his

in his

I advice His hxcellency to athere

replication to the form adopted

in his original Circular, addressing however only those whore names

affixed to the two letters under

consideration.

& is

very

Blain

are

from

on the letters General that the Chief

of the Attorny Justice did make alleasion to the

decision of the Bench of Magistrates, and not of the Stipendiary Magistrates

alone, and I would point this out to

t

1

:

i

f

:

?

62

He Justice: adopting Mr Anstey's

отбо

I would further shew that a Governor has a duty to perform as well Magistrate, and that in this instance

As a

It is a perversion of terms to say Governor has interfered with

that the

grave

влат

Magisterial functions :_ the Governor

has merely expressed his Opinion of the

Aragistrates decision after their functions

had ceased

I would

signify

the state of the

F

case to be

simply

this:- that the

(magistrates Committed an crow, as

erron,

proved by the Attorney General's

wat

of the Chief Justice's words - that the Soreno, as the Head of all breentive

7

219

tum

unthority, and responsible to the Frown for the proper administration of the Laws, was bound to bring their error

to the notice of the Magistrates:_ that

adopted this course, and learns with much regret that offence is taken at the language comployed by

him.

I would carlain that Hough

always be comcrohat

Kere must alwa

dicagreable in the intimation of cum,

it was

for from His Excellency intention

to give offence to the Justice:, nuuch

less to east a chur

a llur upon

the character

of there Gentlernen - a mode

censure in such a case as

The

F

as unbecoming

a Governor as uncalled for by

you

the

1

!

1

be

conduct of the Justices

I think it would be well to

General where be

note the Attorney General sans that Mr. Mitchell

aware

A

was

his opinion to the

perfectly

contrary

when he (Mr. Mitchelly told the _ Estices that the writ A Certiorari

would lie, for the Justices Cay

stress on thi

point, and

Zvere

some

cridently misled by M. Mitchell

-18

say

It does not seem to me necessary this particular matter,

more on this

but on the general question I may note that it is clearly the dirty of the necutive government to check enas in the administration of Justice and that as the Governor has the

657

220

power of appointment and removal

of a Magistrate, a fortion he is intitled to call his attention to Aungisterial mistakes

is

position has long received the support of the Lieutenant boverno and myself.

I have only to add that it

may

be well, to prevent misassrehension

use of the minutes

of individual pinion, if His Exceliency make full and free

the incribers of the Executive Conncil

in this

in this case.

I'me Copy)

(Signed) IN. T. Mercer,

Colonial Scots

M. R. C.

30th August, 1858.

1

?

!

√ Copy.)

221

Mectivas, HongKong Council Chante,

14 September 1856.

Executive.

Minute of the kieutenant Governor.

Shwould suggest inreplying

to the letters of the Justices of the 26th August that they be informed " The erros committed by them in their decisions of the 23. Onay ar

дро

and

fun.

June last

last, ever

of

a nature

and

such as to compel the Executive

to cause the Law to be

vindicated,

to effect = this, the

writ of Mandamus had been

|

I

1

18

issued at the instance of the friep

ar

Justice, consequent upon Appeal made by the Attorney General to the Supreme Court, under the direction of the ~ Governors in Council, as shuon,

a

by the accompanying Copy of Setter from the Attorney General .

on that

s

at tulijat -

Ithink they should be further told that, "It is the Auly of the Government to take steps (s has been done in this instance) to remove pom the minds of this fustices all wrong impressions entertained by them as regards

the administration and

15 August, 1856.

(vide (page 1)

Interpretation of the Law,

Law, and

ave act of Duty

that such grave

should not be viewed in

the

69 222

light of an Interprence with the Justices or their Conscience.

D

The object of the Memorandum

now under reference is self apparent,

and regretting that it should have been hitherto misunderstood, this Excellency hopes that this

Sis

explanation will enable him to obtain the Cordial Cooperations of the Justices in all matters connected with the Coloney; Excellency especially refers to a more frequent visitation of the fails,

and attendance at the

17

Police Courts."

Fomply to the Letters of the Justices in detail would in my Opinion be injudicious, a s further Correspondence would only had to further Antagoniem which I

ought to be avoided

Consider

(Signed) 16m Caine, Lieutenant Governor

True Copy)

Colonial Secretary

Remarks by His Excellency

The Governor in the Executive Council - 1 September 1856.

il_1th

71.

222

His Excellency The Governor

stated that his views were ~ recorded in the following Letter to the Justices which he proposes for the adoption of the Council.

(Wide Letter to the fustics

مصر

.

at page 73.) His Excellency desires also that it be placed

on the records of

the Council that the only Meagisterial Act of Mr. Sam Gray of which he has any cognizance is the firoduction

1J

72.

of the Letter now before the Council whose object is to show that the Justices had not been

wanting

in the discharge of

their Magisterial duties.-

(True Copy)

вари Weumom

Colonial Secretary

224

73.

Council Room, Victoria,

Mongtong Na plimber 1888.

Gentlemens

Your letters of the

26 Ultims were communicated,

to the Governors and by him laid, before the Executive Council, whose honorable members,

Genge Lyatt, Esqre J Jardine, Esq

"Thomas & Leslie Esqr R.M. Antrobus, Esq.

re

re

A la Machan, Esqu bd. Still, Esgren

i

Mr Lamend, Eyf.

Esi

Janne Gray, Esq. JP,

inther 25 August,

re

R.S. Walker, Esqu

Chairman of the snerting J. Rickett, Espres

offerstices of the Peace Johnet Gibb, dsgre,

Johuon Scanther, Esq.

D

Angus Fletcher, lig

Li

74.

concur in the reply which I am

instructed to convey.

His Excellency utterly disclaims any intention by his Memorandum of casting a

sler

upons

ow

the character of the unofficial Magistrates_of accusing them of evil intentions or what is tantamount to a

a

charge of

stice and

deliberate perversions of justice violation of their oaths of Office __ nor does he think his language fairly susceptible of such interpretation.

He has had no object but to maintain in the great general interests of the

and ge

*

C

225

75

community the Supreme Authority

of the Law, and does not think

it necessary or becoming to enter into a defence of what is

represented in your

ir

Communications

to be an "unconstitutional "__

n the

" unjustifiable, Hangerous and dictatonal procuding The question at issue has been decided by the Highest :- Legal Authontip are Colony, and the conduct of the Acting Chiep Magistrate which the Justices state they expproves in all respects has been declared by the Chief Justice to have been "illegal" _ and without excuser. The Mandamus granted by

1

}

:

T

76.

His Monor was made absolute, - and in the case of lye _Ating

the costs of application were visited upon the Acting Chip

Magistrate, on

The error,

the ground that - of his judgment had

been pointed out to him again and again : Costs

"Losts were

mob

6- givers in the case of Mr. Duddell as the Chief

Justice thought if the Magistrates

could shew that their error had

been a bona fide

one, it would be hard to visit them with the

costs particularly if they were now to revider a prompt obedience to the writ, _ and make return

that they had shaped it."

obeyed

22€

77

As both communications

seem to take for granted that the Magisterial decisions were open to appeal _ and one of them expresses are

opinion that

such an appeal would have been more correct, _ more just-

and di

-

dignified - it is important to state that the Attorney

General

was directed by Wis Excellency in Council to come

if possible by writ of certiorari the cases in question to the Supreme Court, but this Excellency

was advised that the

brown was excluded from the benefit of such writ. It has

1

+

78.

79

هندا

been officially reported to this Groithincy that Mre Mitchell

was well aware of the opinion

of

as

the

legal

e adviser of the frown

s to its exclusion from the power of appeal. If the Acting Chief Inagishate instructed, the fustions

differently – the responsibility no doubt rests with him.

With reference to the Matement that: Sir John Bowring had released several of the Justions from any obligations of punctual attendance" at

Petty Sessions, he has no recollection of having occasion exonerated any gentlemen

0

any

227

from the discharge of the functions connected with so important an appointment. He has undoubtedly stated that with so large a Bench as routine

arrangements for the distribution of Magisterial Duties

make the claims

Magistrate very

von ar

would

any little onerous, -

but he had neither the purpose

(nor indeed the power) of conferring an honorable distinction, and of disassociating that distinction from its appropriate responsibilities.

I have, te,

e

( Aligned) Led Almada & fastro, Clerk of Councils.

(Trice Copy)

инс

Colonial Secretary.

Nr. 146.

Judicial

Answered. 7. hod 75b. 126.

9938 Hàng chúng

Government Offices, Victoria, HongKong,

WED

NOV 3

1836

Sirs

9th September 1836.

223

In my Despatch N. 97 of

6. June last Jannounced that Mr. Bevan had withdrawn his application for the Judge's Clerkship and I have now the honor to

state that the Chief Justice has

nominated Mr. D. Huffur to-

the

vacancy

Resignations.

caused

bey Mor. Potter's

The Right Menorable,

Henry Labouchere, M. P.

te

te

te,

Correspondence with the

non-official

Justices

decisions in

Pence respecting certain

Magisterial

the

Auguste & September 1857.

Ardinance No 17/853.

contravention of the provisions

Serratch N. 145 67 1856.

Inclosure in

:

......ᅡ..

J

f

for.

Abeg to submit this appointment

your approval, seeing no objection

to the

unation.

Shave the honor to be

With the highest respect,

Sir,

Your most Obedient Stumble Servant,

Merinte

Aspene

it having been

The

cuded

8Cp16 Oct. 48/

ation to their

Apptment should be vested in

The approval

The

should resh

میکنم

ی درمان

An A4

229

9989

(in. When Bowring him

C

NUTE

VERElliot

Vervole

"Ball BocLabouchen

W. In

Erile

Novy 54

I have to achvorliege

the mist of you

receipt

Zalch & 146. of the 7th of Sesen and to

approve the appoint. ment of No Huffem as Click to the Cheef Seestiel of Herry Hory.

:

į

:

N. 147. Financial

ree of

The

по бурого

como m

answers.

(10425)

Answered. 26. Nodst.

133

AVED

Kong

230

9940. Hong đúng sự

Government Offices, Victoria, Hongkongs,

NOV 3

1856

Sir,

9th September, 1856.

:

It has been brought to

my notice that remittances

by

from the Colony to the folonial Agent in London must the Treasury Instructions P.AA be made through the. Commissariat at this station

As this may deprives

the Colony of the full benefit-

The Right Honorable,

Henry Labouchere, M. P.

te

Acr

te

!

:

....

!

which it would derive from the

transmission of funds by Bill of Exchange ins. London, o otherwise, I venture to ask if

yor

in future it may not be permitted to this Government

to make such remittances

according

to its own discretion

га

a

Parliamentary

inasmuch as the Colony draws nothing from Grants.

cous. Valcio.

لهست

Treasury

L..F. Ja

مامن

Shave the honor to be With the highest respect;

m5

Hm N 4

Sir,

Your Frost Obedient,

Humble Servant.

The Bennen!

4

Gou 99403 By 101,25 How

Governor For John Bowning

CAUTE

Elliot Merivale

N°133

26 Nov 186.

18. NOVE

Fir

125723

VBJ Ball

Gel Lonchere

271

fors

DK A

231

Having referred

the consideration

of the Lords Commit

of the Treasury

yours Dispatch No 147 of the 9th Sept. Atecir Lordships trave

informed.

threy.

that

сем

crot

fary objection to

remittances to the Colonial Agent,

account of Kara

стел

232

Hong, being made

through other Channels

through

than the Comisarial -

lehist; provided such

kemittarvers

equently, sceived

loss de

aganist to depreciation.

Lee

their Lordship's observe

that the systems to

Lees

pursued in

making these remitteness

should not see

allowed to depend

upon the son alt

гусом

profil that

Свекла

may

to the Rotory

when the Exchanger

may

he favorabile.

leaving

leaving

it to thee

option of the botomint

Gout

te

make, use

of the Treasury Chest

other occasions,

exten, from

the

State of the Cecchounges,

حتى محمد

croulet

exprese

ره

be thrown

expon the lebrett

for pemproses pernely betoniet.

I have.....

E

..

أس

No 149.

0

NOV 3

qua tang dong

Genomment Offices, Victoria,

923

233

Financial.

to

for obers 10 Nowy 56

Report 106810

creat. I

1856

Siv

Hong Kong, 9th Septmeler 1856.

A question has

recently arisen with the

holder of a marine Lot which though already -

involved in the scheme

of the Bowring Praya, I think it right to submit

to your

decision in a

The Right Honorable,

W. Labouchere Me. P. Secretary of State for the folowin

de,

Jc,

:

Separate form.

The Marine Lot

estion was accurately

in question defined

50

in the

ccurately

case ass

feet square, and had

a small building erected

on it.

Space

A very large

was natur

ally

recovered by the increase of the soil or retirement of the Sea, and this it

was decided to sill in

the usual way dividing it into two lots, each

running

towards

L

234

3

the sea from the Marine Lot a distance of 227 feet,

And halving the Sea frontage.

The

owner

of

:

the

¦

Marine Lot purchased

one of these lots, but protests against their sale, alleging that it deprives his ground of the description and privileges to which it is

entitled.

This Government offered to resume

the old Lot but the

:

:

|

17

Life.

4.

price denvanded is

considered by the Acting Surveyor General

exhavagant.

I have therefore

not resumed the old

Lot

as was intended.

I may here

remark that this case.

has been already Alluded me in Despatch

to by

No 125. of 29th July.

As the question of power to sell the

space in

recovered

front of Marine Lots

"

ין

is a

235

5TM

very serious one, And will affect frown

Rights to a Considerable bytent. Jam induced to

our decision on

ask your the point.

It is impossible

to allow such space to

lie unoccupied and - unimproved And yet without disposing of

it at Public Sate the value cannot to correctly

ascertained; And inasmuch as the Lease

of the Back

Lot defines the full -

і

dimensions of that Lot, it is apparent

that the Owner has no

to

clain be my ground beyond his boundaries .

As the matter is

I

of much importance have the honor to request the earliest intimation

of Her Magesty's Guerment with respect to it.

I have the honor to be

with the highest respect,

Fir

Your Most Obedient Homeble Swant,

Shu Bawan

A

y'

:

236

:

i

3

:

ارية

..

شا

237

A

Whony

8

Devyst

Gov

ول

JJ 47.

Buy Commr 10681

Governor

Dr. Joten Bawring

S130

AMUTE 28

1806 DECR

Sin

370

Elliot

Brinxle Vs J. Ball

Muldowher

4

P

Victoria, Sompions,

10th September, 1953.

A

Governor Sir John Bowring The Of Horks Henry Estruchers

P. 149.

Received

.

Koremos Gepatch P. 258 29

All Farpers) alluded to in

Respecting the reputed St

July

t

..

I have to dete

your Despatek song of the of September on the subject of the disposal of

Lot of

from

Sand, recovered...

the Sea

refered

Having your

Despatch for

the

consideration of the

Cotorrial Land and

Emigration Commis Develose for your

information

2

consulted but I can't imagine.

I think the Land Bound may

that any

ina

will

without Kerowing

Lease

ar

A contents of дис

et avec L.F.

Mo Nov 5

IN U

See munites

W. Meit

This

would w

7. G

>

~20

9220

prefer

کرام اس

شا

that when Bale bon witched

the Prague Jeans

gr

weather for

H. pergese

ނ

his Manters & this bespartel

hi won that he was in rather thin

bee on the Tags :

7 Rank

+

rea

E

por

تاده

extract

Report;

I co

of their

and

in the

oponious submitted

by

the Cours

I have to instruct

you to guide. yourself in this

and servcitor cases

accordingly. I have

i

1

3

2 25

k142. 9941 Hong Kong

Financial

Ausivered 135′′-

13

Потров

Copy

to Treasury for

conto Ve

-

Sir

REQ

AVET

NOV 3

1856

232

overnment offices, lictoris,

Frug Kong, 10. Scritike, 1850

"I have the hown to enclos

amended Reint and Estimate ofor the rexair and enlargement of the Road from West Point to aversen As far back as Deccruber last

an

timate wo

was

prepared by Mr "Surveyor General cleverly, out no Contractor could be found willing

to undertake the work

gor

The Right Pounarle

Jerry Labonetere, M. &

A.

the

عالك.239

Amount fixed-

In the 185 June last light

12

were sold about

four

Miles

from Victoria, lying on this wond,

Aneroval

/

In the mean time, as the

work is one

approaching

as verated in in

despatch P 102

I

14 147 June, and it became neecing

to resume measures

ncecisay

for repairing

the road and rendering it suitable fr Carriages.

Accordingly Captain Cooper was directed to revive Mr Cleverly's retirunte, and he being of opinion that all the mrices were too low it Eurrent rates, increased them by 25, her cent, and the Report and

ammended I have

timate as amended

estimate

now the how to forward for

of necessity, and the season favourable,

have sanctioned Captain Cowpers proceeding with it at one.

as

The Amount of the Estimate

will be seen is ± 2,049, b. 5,2.

1

I have the nowor tob,

With the highest recrect,

Sir

Your most Bedient

Humble Scrant

When Berring

;

!

!

1

!

1

!

}

1

5

j

It is to be hoped he has plenty

Treamry

sauction

the wick

The Governar say

Mr. Meriale.

ه مهمن

العالم

Jm N4

Annex MA

He Of Houille Henry Laboucher, pp.

Governor die John Bowring

10th September, 1883.

inclous, try now,

/ Inclosure.

JP. 148-

Puceived.

Road from West Point to Aberbeck.

and Estimate 1.16171855 for the

Subruitting Amended Report

240

V the Bouring

UTE

1826 NOVA

Jelit 28 FRElliot

F

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логи

10684 Hang Hay.

Ai

29 M

Share to ochumoliage

the receipt of quer dropriés. 2148. of the 10 hefer and to sameter the expenditure of broug. 6.5.th. which

you propore to encuen

for the repair

and

enlargement of the Floud from Wech Pril to Aberdeen_

Share

j

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>

241

Entered

Gov. 9941 88 Hong không

Sir Cha? Trevelyan

Sir

18th Trouse

I am directedt --

MINUTE MR

NOVE

WREPict Werwale 2

8

by

Mrs. Seey Labeauchere

GCC A S

you

N148.10 Sept750

༦འཕ 2༡༦༧༦

:

to bravemit to

for

f

the consideration

the Lords Connas

of the Treasury the

copy, fr Despalet

значи

the

Goverure.

of Heavy Hony enclosing

mmended Report-

and Cestimate for

the repair and

enlargement of

Road

the

en That Point

fieoer

As Aberdeen.

!

:

:

H

No 150.

Commercial,

7633

Reding 34

+

Sir,

Ko

1943, Hong trong

CEIVED

NOV 3 1826

3.

Government Offices,

7243

Victorin

Hong Kong, 10. September

1856.

I have the houn to acknowledge

Your Letter 1.70 of of July, 1953, enciozing Concerondence with the Poard of thiiralt on the surject

Bo of the Princre Paercugers 'ret 1865, and the instructions to be iscred to the Cominanacis Her Majects ins

loping

to Lovveds B Paper-106 PE anner by

draft

ales

A

reing that

ofor the purpose of enforcing Quactment.

The Right Stonnable

Henry Labouchere, M. P.

tr.

26

127

*.

1

I

In this subject I be leave to notice a print to which I think the attention of Her Majesty's bovemment should be drawn.

made

No provision seems to be

inst the cr

the cvasion of the let

against

no nationalite, and

by a versel of wo

that some steps should be taken

against such vessels is abundantly

evident from the case

Blancs reported by

of the "General

me in

Despatch 1.59 of 11/5 April last.

That Thip, it will be

remembered, was not provided

with regular papers, though professing to use the Hawaiian Flag; The was

full of Chinese

1

محلية

243

Imigrants, had neither Certificate

A

from the Emigration Officer here, inn Port Clearance from the Harbor Master; she dropped outside the Harbor, placed herself beyond the jurisdiction of the Colom, and in

was on the High cins.

fact

as

I requested His Excellence The Naval Commander-in-chief to

without papers ana

as

seize her entitled to neither privileges immunities, but Sir James Stirling

Min

pleaded want of authorites as the was not a British Ship and not "with in Her Majesty's Dominions? The General Flames sailed,

Blanes"

and with the result of her voyage

1201

i

1

Խ

14

244

I'm not yet requainted.

But I would again respectfully subruit that this

resuel should have been seized, and that no responsibility would have been incurred by the Naval Officer

in seizing her, as her want of proper Expers would have derrived

ther of all standing in a Court Law

Law.

7

As it is, a vessel has only

to divest herself of all nationality, a position casily, and it

illegal

is to be feared frequently attained, and she may engage in an Trade to the profit of her but against the common interests

owner,

A

of humanity and the Comvity & Nations.

By reference to my despater above quoted it will be seen that

༡༥

the "General Blancs" would have

effected her object without becoming liable to the Law at her port of anwal, for she purposed landing her passengers on the shore at a distance from Melbourne,

from

I have the honor to be With the highest respect,

Sir

Your most obedient

Humble Servant,

John Berna

129

!

į

T

I

W Stick.

Shveld then be experend,

mistamen

wpot

/

to the bes

Hli

I think so

وروز

Jtm N 4

ns w

A

9.752 Hay Kory

245

Schedule of patches transmitted the God of Hong Kong to the Secutary of Wigle for the Colonies by the Mail Skamer Ganges, via Southampton,

on the 18: September 1856.

700: Date of

of

Pay: Despatch Subject of Despatch

Duplicates.

116. 19th July 1856 On the subject of Duties payable on

Articles imported into Honolulu by ships from Hong Kong

117.

118.

+

119.222

Forwarding Report and lotimato No 6 of 1856. for a New Magistracy in Hong Kong

Forwarding Petition from

the

Hong Kong Law Society against

Wing Ordinance 77° 13 of 1856 for the Admission of Attorneys &c.

Shall

hone

Forwarding Correspondence on the Subject of the practice of the Supreme Court of Hong Kong I

I

J

:

2

246

3

ro

Date of Desp: Pespatch

I

120. 122 th July 1856.

121. 26th.

122. 28th

123.

/24. 29

125.

#

A

Subject of Despatch.

Transmitting further Correspondend on the subject of the difference with the American Consul!

On the Subject of Coolie Emigration= from China, in reference to the Communication from Fir George Bonham.

Explanatory of Ordinance Nr 3 of 1856, in reply to Dispatch 70° 54 of

6th May last.

Replying to Despatch No 63 of 23th May,

on the Subject of Mr. Trotter's retiring pension.

Application for

a.

Replying to Despatch No 61 of 15th May, respecting the Ship Williams And Martha" subjected to a penalty at Melbourne for carrying of Passengers.

an txecSS

Enclosing Return of Land lase sale on the 21th July,

and remarking

on a disputed lot of ground purchased. by Mr. Harper.

h

of

of

nell

None

Date of Subject of Despatch

Posp: Despatch

th

126. 30 July 1556. On the subject of relief to distressed

British Subjects, not Teamer.

127.

#

Respecting Mr. Patchin's application to be allowed to fill in and occupy beyond the boundaries of his

Marine Lol.

сиру

де hel

Mone

2

128. fth August. On the subject of providing for

A Sailor's Home at Hong Kong. pone

hone

129.

2,

130. 7th

131.1

133

Regarding Captain Coroper's intention

of

Communicating direct with the Secretary of State on the subject certain differences between himself And the Police Magishates.

of

hone

Acknowledging receipt of Despatches to Nr 64 of

30th May, and 2. Circulars Frone

Transmitting Lists of Members of the Exccuting and Legistative Conncils for the halp year ending 30th June 1550 2

Submitting for Confirm, ations. Cidivance 77° 14 of

of 1856 - " For Fres and costs

2

}

|

+

1

1

5.

247

of

1

To Date of Subject of Despatch

of

Desp:

Despatchs

1341.5 - August 15th Relative to Captain Cowper's

135.

1136.

137.

#

#

металк

on the absence of Lieut. Colonel Dunlop from the Executive Council.

In continuation of Despatch. No. 103 of 16th June, with Ilan of the Bowring Traya.

120

де

of

Deep:

Despatch

hone

Acknowledging Despatch N 55 of 9th May, And forewarding letter from the thief Justice to the Secretary

of State on the subject of the Prosecution for Rescue against Mr. Consul teenan 1.

Rispecting Mr. Ansley's complaint that the discussions of the Legislative

Council are Communicated to one of the Colonial Newspapers, And forwarding correspondence on the Subject.

+

2.

ne zate of Subject of Fispatch.

Originals

13513th August1510 Tonwarding,

Mr. Solicitor

Parsons Protest against Ordinance No 14 of

1856.

139. 8th September Respecting the liability of the

Governor of a Colony to attend and give evidence before the Supreme Court.

140

142

کرگئے

th

Originals.

1439.95

Transmithing Schedule of Peopatches addressed to the Secretar of State for the Colonies during "the half year ending so the June

June 1886.

Acknowledging receipt of Dispatches to No 72 of 18th July 185th

by

Reply to Despatch 81.65 of 25th June, respecting Henry M. Callen.

Reporting transportation of 24 Chinese Convicts to Singapore on the 11th August.

3

hone

i

248

j

کیرو

no Date of Resp Sispatch

Deap

Subject of Despatch.

1414. of September 158. Submitting for Confirmation

Ordinance Nr 15. of 1856 " for

145

146.

147

148.10

1491

th

فکر

#

Indring the Law of Evidence and Trial by Jury.

Mels

of

7. Pate of

Desp

Submitting correspondence with the Iton official Justices of the Peace on the subject of Certain Magisterial decisions contrary to Law.

Reporting Appointment of Mr. F. Huffum as Clerk to the Chief Justice, vice Trotter, retired,

2

V with 6 wit Copies of th

Ordin.c

Jone Morse

On the subject of Remittances to the Colonial Agent in London hone

Submitting amended Report And Estimate, N° 16 of 1855, for the road from West Point to

Aberdeen.

Respecting the disputed lot (Mr. Harper's/ Alluded to in Govern

the

vernor's Despatch. N°125 of 29th July last, hone

Post Dispatch

150. 10 September

Subject of Despatch

In reply to Despatch N70 of 5th July

on the subject of Admiralty Instructions under the Chinese lassengers' Act 1855.

of

not?

Frone

Also - One Pucket from the King of Seam to the address of Horace Wilson Esqr and tive packets from Sir John Beuring to Edgar Bouring Esqre.

Colomal Scoutur &

1

:

No151. Miscellaneous.

Sir

RECEIVED

249

Hong Hang động

boremment Apper, Tietoria,

DEC.

1856

Hong Kong, 72 Oction, 1853.

I have the home to actunridge

receipt of your Circular dated 8t July 1856, and to state that I have duly noted and shall strictio observe the instructions it contains

regarding Communications on questions affecting foreign countries with Captains of ships of Was belonging to those Countries.

The Right Honorable

Henry Labouchere; M. P.,

ar

tc.

tc.

१०.

his arra

even

arrangement is in er

print of view most satisfactor. I have caused the

substance

the Circular to

be made known to the United

Prater Consule as this Port is States'

the Naval Station of the States in china, and is rarely visited

by the luen of War of other Flags. I have the honor to be With the highest respect,

Sir,

Your Mint obedient Arruble Servant,

John Bonans

250

:

Governa di bhu Bowring

7th Betober, 1856

Victoria, Doug Hong,

The light with tems Cabucher Mn

Jicceived

A: 151.

Freign Consentives with Captains Gyroy

Communications affecting

Circular of 8th July regarding

In the subject of Bional office

ofthip opthan.

Nor Meinall

& Dur

recent to a communicated befoutand

Il semi

to me this circular was

the commls of freign Lorus

but put by

Hin f

1152.

Commercial_

Lir

your

1040 đang trong

CEIVED

DEC. 9 1856

251

Government offices, Itetois

How Nous, 7 #Petsler, 1853.

7

I have the how to acknowledge

Circuiar of 1/5 July, 1853,

мо

Patent

and to reply that Laws exist in this Colony

سات

a

I have further to state that

Circular on this subject deliá 2th January 1853 was reeciven here from the Plonial office and I beg reference to Sir binge

A

где

The Right, Houanble

Herry Labouchere, M. 8.,

36

A.

38

1

:

:

}

Bonham's reply in decrated, Miscellaneous $ 30 of 29 €

Mil 1853.

my m

I have the hour to be With the highest reclcct,

Sir

Your Aunt Sedime Aumble Servant

горо

When Bensin

уро

It appears from the Cossipor

which the Gou=referr

Eagles & Patient

crolens to Horry

Kerry. Aur

Cérenten there fill of the

los

applicable to that

Colorry. Pach by?

to

you

11 Lely

sif impor

Hm D 11

mywell

Mr Muirate.

252

If the Garmor had refond

Cirenter to his Lawr

offiens,

we shorted probably

have receird

www.

diffrent.

It does not

follor that, because ther

Patent Laws in

Stony Kony, there is no

available comme

میره

action

for seeming the recognition Patiort Right, inther

of

by the judgment of

Comt,

ཪི་

by the arracherent.

lount Lave and how.

Either of there modes

of proceeding would

envoter some

copene,

and that expere might

partups have boom stated.

It is

only right to

state that ons

Giventar

has bene differently

understood in the

Colonies. For Garmen

have amourised it like hair answersed

Sir John Bowring; others with the apsistance of their Larr officers have

giver full wood proper

explanatios.

Ps 12. Des

I think Sir S. Bonhams Ref. is sufficient for om fuscal

M. 16 hunkere.

J

вт bm Diz

=

i

A

:

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}

:

A.153.

Commercial-

#+6. 6101

Copy to FC . for infer 18 Days L. $5

Answered. 7. 7eb7.

157.

17.

Lim,

Ampang J

11041 Kong Kong

RECEIVED

DEC. 9

1856

253

Government Offices, Victoris,

HongKons, 7 + bctober, 1853.

be reply to your depatel 475

1

of 16th July 1858, I have the houn to state that the Sovrciqu Treati alluded to in un Dursted $43 of 13th Maren bet is the Trents of

last Rence between Great Britain and China commone known as the Treats of Fanttine

I appears to me

The Right Horn bie

Heni Labmenue,

१८.

معا

té.

to be

The RC Hrible Henry

Governor Sir John Bowring

7th October, 1857.

Vielnia, Fongiting,

Paccived.

Laboucher M.P.,

153.

July and sting

Ackumoleaging Circular of!!

that

no

Laws exist in the Colony.

-

Patent.254

H.

against the Shirit of that Treat to place betruction to the free

runt of

Chincu Subject to

chatted" finitors, and as to it's letter the 1st istiele declares that the bolle of atta hation "chail

snpy full security and wrtection for their persons and property

within the Dominions

of the other.

A fine of ± 10 levied on Canding in Victoria will probally take from cach Chinaman the jenture amount of prorate wheres, he stands possessed,

and I cannot but think that

the framers of the Treaty of tanking contemplated

سان

-f

une sati

catisfactor "Security and protection" than this.

I have the honor tobe With the highest reccet,

Sir, би

Your most svedent

Jumble Servan!

John Burring

A LA PRENSAZION

:

:

i

!

Governor Sir John Bowring

7th October, 1950.

Victoria, Dory Hong,

#

The Abe Frittle Henry Larruechen Mr.

Picciver

A153.

Desiatch N. 43 64135)

Treats alluded to in govern's

In reply to decrated 475.

July on the subject of the Sovereign byrgy

of 185/March.

rather

Copy to Pereign offfice withe reference to their letter of

of Jeely

lich?

I supparc so. But it seem

An

idle

inquity

? Vc

die

тири

to diallow the Victoric Acke en wolt br

домоупр

Comercios

Gow. 11.041 Hong Kong

Si I. Bowring

Willlial.

L

is

مد

W. Merivale 3.0

W. Ball

W. Laborchere. I

Pl

зайн

525

Live

Extered

255

# DS 17. Justy 1857 Szeby Jabey

I have received you

despatch, r. 153 of this

7th of October last,

explaining that this Treaty to which

you had referred in some

previous remarks on

the Ast of the Colony

of Victoria respecting Chinese Immigration,

was the Treaty of Peace between Great-

Britain and China

Commonly

by to

this the rquisiti than

On

frowns such

Bm D 12

.

M2. 13

f

!

!

Commonly known as

the Treaty of hacking.

I have to

Acquaint you

that

estion has been

the question

duly inquired into,

hit that as the Ast

of the Colony of Victoria, which has already

do not

Confirmed;

تامينه من

found to constitute

been

an infraction of the stipulations of the Treaty of hanking, st.this Port

Are not prepared

invite the Colonial

to

islature to resavender

the subject. Shave

J

VM a di

}

2/54 -

Financial-

Copy to Treasury f

24 Pcb /57.

Graft with Geoṛ 270.

Sir,

1042 Hong Kong 2

REC

EIVED

0.

DEC. 9

1859

256

Gorunment office, Victoria,

Stoughtons 75 Better, 1853.

of

& acknowledging receipt Your Decrated $75 of 17th Ju 1850, I have the hown to runé

that the w

ncccusar instruction. have been duly given to the Pecreure Commission, and that from the /et Instant a Column for Notes of the Griental Bank Corination has been added in the Treasury. Books

The Right Honorable

Derry Labouchere, M. D.

K.

He.

i

i

:

:

and Returns.

I have the hour tobe

With the highest respect,

Lir

Your most obedient

Aumble Sewant,

Nur Stackey?

Nor Muoriale

дват в

Arstrachey

John Bensin?

в ше

of

"

Ciley to Frasing for

да

N.155. Miscellaneous.

20 sufre 13. Ded/st.

Sir,

1043 Hong Kong

RECEIVED

DEC. 9 1856

257

Avernment offices, Victoing Arushing, 75 Bether, 1853.

I have the honor to acknowledg

your Despatch 1.7857 2

21st Juli

last, and have duly noted

the remark on the inexpetiener of permitting the Price to exercise

the

without Warrant

from Magistrate the power of searching Foreign Vessels and releasing parties alleged to be unlawfully: The Right Arringable

Henry Labouchere, M.D.,

L

ī

[

detained.

The

he neces

necessary

instructions

have been issued to the Police

department.

Non-Memill

Foreign office for information LH.?

I have the how tobe,

With the highest recrest,

Sir, Your Mat Obedient

Humble Servant, Whutunning

Ich mob

Ат

M //

8.156.

Ercentive-

Ack: 142. 17. Sei 756.

Sir

1044 Hông chồng

RECEIVED

DEC. 9

1836

252

overnment Offices, Victoria,

Hong Kong, 7th October, 1853.

I have the hown to acknowledge

your despatch N. 84 of 30th July

list-

I have now the hover to

report that under the usual Proclamation, and after matured consideration of subject I have granted

a

the

fice pardon to Lee-Assow whore

The Pught Hounable

Temy Labouchere, M.P.,

Ne.

Ye,

ہو

i

T

¡

case was reported in

my

Despatches 1:54 of 75 April, and 65 of 24th April lact

160 I have the honor to be,

With the highest respect,

Fir

Your most Bedient

Ancuble Servant,

Bohu Bmains

When Benning

1356

UTE / DECR 8 Justis 15

!

Elliot Serivule 15 wel Ball

Lbouchere

17

11044

Horny

Entered

17 Dayst

I have to achuerol. age

A

259

the mist of your Behull

h156 of the Jr beton reporting hiss

that you had granted.

a

free Geardon to the Chevimen

kee &fore who had been

Condemned to dette on

charge of burglary & Mauration

She

питу пр

luhuawlage receipt.

j

1:157.

Executive-

Dear/56

290 1

Ho

260

1045 long chóng 25

RECEIVED

DEC. 9

18446

Fovemment Sffices, Tetrin

Amatory, 75 Retriver, 1800.

Witt uference to my durstel

Illtimo

have now

1/45 of 95 Ultime, I have the hour to forward the conclusion, and a far from satisfactor

the,

of the coneshondence with the Justices of the Pence, arising out

my Memorandum of 19 August

of my

last.

I have not deemed it

The Puight Honorable

Henry Labouchere, M. D.,

Fr.

Nr.

+

H

1

advisable to continue the discussion with there bentlemen,

yet I cannot but remark that their denials as to the Chief

Justices allusion

from

the

Binch is ungrounded thous they law great strese on

it; and

that the Chief Justice din certainly make allusion to the cares decided by the | Magistrates is officially proven by the Purort of the Attorneys

Resort

General and reseated and

confirmed by that officer

letter of 30th August, shead

فى

transmitted in und

iis

above referred to

my

Dearated

261

I have the honor to be,

ith the highest recheet,

Sir

Your most Obedient

Humble Servants,

John Bowning

1

:

!

:

Harg

See

H

on 9930

Nor Manali

See the minuter

aho 1:050-

Диет

10

Conclusion of the Correspondence

with the Sustices

the Peace..

Yoreun die Iohu Bowring

7th October, 1856.

Letoria, Soustons,

to

The At Hruble Henry Laboucher, M.P.

/ Mielosure..

N 157.

Received

With reference to despatel

Jeff

calli

гу

I think this

A

refereme to W

Labouhere's former Inh. of 13 Now. which

disfarcs of it anticipation. The

Justices

cer are

Endently

boo strong

جدد

& 7 3

letter

Ly

Reir

shong

70

well wullen, though I

Davesary they

are in

the wrong.

pla igl

Duft

не

allo

fson

Copy

23

In 11045/53.

262

"Angthong 28 September 1856.

To

The Hourrable

Sar

The Colonial beretary of Hongthing

Victoria .

We have the honor to

acknowledge the receipt of the

letter, dated the 12 Instant,

addressed to us

Councils, in

separat

by the Clerk

reply

of

to our two.

te Communications of the 26th ultime . We observe

with pleasure that that letter

removes, in some measure,

the

individual application of the Memorandum of the 19th of

3

August, but regret to find that

it leaves untouched the

important principle which it was the object of our first

communications to assert in

municati

support of our Magisterial rights

and

· freedom of action; we do not, however, press his Excellency

in

a that

again

to avow any opinion upon subject, our purpose addressing you being merely

to correct the erroneous

ous impression which His Cucellency's remarks upon some of the points under

discussion are calculated to

convey

2. In the letter under reply,

3

?

263

3

as well as in the Memorandum,

the writ of

the

of Mandamus and

nious stated to have been

opinions s

expressed by His Honor the Pleief Justice are placed in Connexion with the cases heard by t

23 23

the

Magistrates on the 28th of May and the 3rd of June, upon which

ro

the Memorandum was

in was professedly based, - We beg leave respectfully

to repeat that the writ Mandamus, to which His

So

of

-

Excellency has so

repeatedly and in such strong terms referred,

was not issued in respect to

respect to

e cases; and, masmuch

those cases;

as the conduct of the Chief

!

:

!

Magistrate which, it is said,

the Justices approved iis all ~ "respects

lets" was his conduct i

aduct upon.

the above named occasions, -

His Excellency is distinctly

rror in static

stating

in

that it has

been declared to be illegal and.

" without eveuse!

3. The opinious attributed

by His Cucellency to the Clinef Justice are given

ven in the

the form

otations, and are doubtless.

of quotations,

therefore, authoritative; we do not find them, however, in

t

the Mandamus, nor are

they

on record as

in

anywhere except

the Memorandum and in

V

the letter under

264

reply; we have

seen, in paragraphe 2 of this letter,

that His Excell

celleney

has in one

instance misapplied them, and if they refer 1

r to the mandamus

to

in question they appear to be very strong for the occasion If a Magistrate believes that The has no jurisdict

ай

liction si a

Certain case and declines to

adjudicate, the higher Court will point,

tout to him his error

by a writ of Mandamus; the erroneous action oft

of the Magistral, in such a case, being contrary

to the law, is

"illegal" in the

literal sense of the word, but

1

265

E

the conduct of the Magistrate in giving effect, in the first-

instance, to what he believes

to be the true intent of the

I in the sense

law is not illegal

in which His Excellen

His Excellency

is

the word.

4

pleased to apply a judge gives a a decision which by a leigher Court

is reversed

such decision,

to the law,

upon appeal, being contrary may be described as

the literal sense of

"illegal" in

the word,

but we should hesitate to

to say

that the conduct of the judge

inn

giving

illegal.

such a decision was

4. We are also advised that

the costs

of app

application, which by His Excellency to

are stated be

have been visited upon

the

Chief Magistrate, have not been upon him, be having.

visited

complied with the terms of the writ and been officially

informed, by the Court itself,. that no costs having been " incurred he had none to pay

5. We are extremely surprin to learn from This Excellency

that he was advised.

by

the

Attorney General that the

Crown is excluded

e from

in the

writ of Certiorari,

benefit of the s

:

7

!

:

:

be

no principle of law bering.

More

clearly

laid down than

that the crown never loses

the benefit of that writ, even

when the certiorari is devried

by the Statute, unless the right of the Crown in that respec

expressly

Win 10

barred. By

expect-

By ordinance

of 1844 Certiorari is allowed in all cases in this belong, oven when devied by the Imperial Statutes in force in the Colony,

and we are at a loss to understand

how any

doubt about the right

of the Prown to the benefit of the

writ can exist in the mind

either

of the Attorney General

or

1.

1. His Excellency the Govern

6 . It is stated

by

His

9 266

Excellency that costs were visited

on the Chief Magistrate because the errn of his judgment had " been pointed out to bein again " and again;

and that be

"well aware of the opinion of

ހއ

" the legal adviser of the Crown " as to its exclusion from the " power of appeal !" "Weare informed

that in these remarks His

Excellency

can or

only refer,

in the

first place, to the letters which

he directed

you

No address to

the Chief Magistrate, serbsegment

23rd

to the 28th of May,

in which the in

1

!

10

difference

between the inte

the sisterpretation

of the law by the Magistrate

aund

by the Governor is pointed. out to the former; and, in the second place, to explanations offered in bourt; during the trials in question, by baptain Cowper, the plaintiff on the the brown, as to the part of the brown,

browns exclusion from the

power of appeal

i

It is precisely

upon this point that the

Conduct of the Chief Magistrate especially

our

deserves and receives

approbation and support.

We cannot admit that His

Excellency has any right

let to

1

<...

267

dictate his own interpretation

of the law to the Magistrate, and

it would be stra

strange

indeed were

rate to take the law

the Magistrate

from the plaintiff in a against his

Casse

t-his own conviction!

7. His Excellency has no recollection of releasing any of the

Justices from attendance at Sessions We note that he had neither the

purpose

nor indeed the power

to do so, and leave it to the

Justices in question to recall

the circumstances to his recollection

8. His Excellency the Governor state that the question at issue has been decided by the linghest

?

=

1

!

262

legal authority in the island,

but it does not appear

t

to us

that it has. The question at is sue is, in effect, this, whether the law is to be administered

according to the judgruent of

Magistrates

the M

rates who are sworn

to dispense it a

to

it according to the

and

best of their knowledge ability, subject to correction by appeal to the Supreme Court,

or according

to the judgment of the Governor and Executive

"Council ? His Excellency is pleased

to state that "he had no

"but to maintain in the

object

5 great "and general interests of the-

"' community the supreme authority "of the low, but that lie does "not think it necessary

becoming

or

" to enter into a defence

"of what is represented in our

"Communications to be

an

" unconstitutional, unjustifiable,

"dangerous

: We beg "proceeding!"

rous and dictatorial

to assure

His Excellency that it was very

for from our purpose to call in question the nature of his intention or the utility of which be had in

the object whe

view. Nor did we.

as is our

We will ever,

bounden duty,

most

cordially to operate with this

İ

53

14

aintaining the

taining

Excellency in mainta supreme authority of the law,

and it was because, in the case

in question, the course pursued by His Excellency to achieve

so desirable an

to us

in

object seemed

itself subversive of

the law, because destructive

of our freedom of action in -

administering

ande

enforcing

the law, that we ventured

to record our

opcisions upon

the subject in the emphatic termis quoted by His Excellency

We have 7%,

گو کی گئی

(Signed) Sam Gray Chairman

#

Angus Fletcher 28.

Андил

(Signed).

(Migura). I fardeine

#

#

#1

a. b. Mailean

Go. Lyall.

C. J. Still.

John Searth. Rob. S. Walker.

Wr Lamond.

J.

Rickett.

John D. Gibb.

262

b. Antrobus.

"Thos. b. Leslie.

(Thue

Thure Copy

Murm

Colonial Secretary.

15

:

1

!

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!!

Copy)

270

17

Council Room, Victoria, Hongkong 25 September 201

Gentlemens

1864.

Iam directed to

the receipt

acknowledge

of your

letter dated 23rd

Instant to the address of

The Hovorable. The Colonial

Secretary,

че

Jam: Gray, & gr

че

E

че

and to state that

Rebt. I Walker, Esgr

Es

re

re

#

John Rickett, Er John D. Gibb, Egre 1. b. Antrobus, les,

Angus Wletcher, by W. Lamond, key = I. Jardine, beg." A. 6. Maclean, &q= Geo: Lyall, &gr 6. J. Still, leg? John Searth,

by

b.

Le

Esq

he

re

Thos. b. Leslie, Ego

:

፡፡

¦

ŷ

it has been laid before. His Excelleney

the Governor

in Executive bouncil.

I have,

(Signed) J. M. d'Almada e baster

for the Clerk of Councils.

(True Copy) Muut

Colonial Secretary.

158. Miscellanens.

G'. B.

veide Fr.B. 1117s

خ نازل

am

1046 lưng cứng

FCEIVED

DEC.

1856

I have

271

overnment offices, Tietois, Amy

-Ang Kong 8 Betrier, 1850.

1

have the nown to state that I

informed that an

Erequation

will be applied for, on behalf of. 10. L. I. Gutioncz as Vice Consul for

Spain.

Mr. Gutierrez, a subject of

Portugal, has acted for

come years

as Spanish Concular Agent at this Port, and to prevent the delay of

The Hight Arunabte

Henry Labouchere, M.P.,

रह

Ve

!

I

reference I bey to say that I am extisfied with the Appointumeuć of this bentleruan to the higher

ffice

At the request of the front Iencal of Spain in China I have

emsented to

liz

uted to recognize Gutierrez as Vice Consul here

pending the pleasure of Her Majesty's

Government.

I have the honor to be

With the highest repect,

Sir

Your Most Obedient Humble Scrvant,

John Kenning

272

I

1

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1

j

і

Receives

1

8.159. Miscellaneous-

Copy & 70. informonition 13

Дебров. Дя

Hoa) Công cộng

ANCEIVED

DEC. 9

1826

273

Goverment offices, Victoria,

• Fong Kong, & F bother, 1853.

I have the hown to report that

at the requect of the Trute de Sourcy, Chargé d'Affaires of

Franec in China

A

I have consented to acknowledge M. N. Duus, a Janich Subject,

її

as Vice Consul for France in the

an

place of M. G. L. Anckell, "American, Gentleman, who resigns the office on his departure

The Right Hrunable

Henry Latouchere, M...,

Bu light st

Moraun di Hân Bruning

85 betries', 1953.

letrus Smylons

Perating recognition place!

"Cuttingz

Majestye Raequatur. Spain pending receipt of

as tice Erneul for

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The Queen's Asequatur as Crial

for

Must purane

I

Sweden and Forway, and Jam

of am objection to his Apointment as French Vice- Soneal chould application be

for his recognition as such. I have the honor to be, With the highest respect,

Siv

dinade

Your Most Obedient

Ansible Servant,

274

2

N160. Miscellaneras -

Sir,

1048 dong trong

RECEIVED

DEC. 9

1836

275

Corcmument offices, Victoria,

mugtong, 9 FOctober 1853.

Tony Tong

I have the hours to neturwaage

28th

the receipt on the 255 Ultime of the following deepatekes -

1973 to 89 the last of /inquet /855 Circulars of 85, 115, and 222 duy,

Litter

of

8

I have the hour to be,

With the highest respiet

Sir,

Your mast bedience Hunki Savant,

Whekennz

The Rights Amantte Henry Latoucher, M. P.,

The BRP Broach Heng Enbouchere MP,

Governor bin John Bouring

8th Pctober, 1958.

Ketrin, Ang Kong,

Piecivesh

P159.

Reporting Appointment &

Aur N. Duns

Mr. G. L. Muskell

ofr

France in the place

of

от ча

Foreign Offrie

потр

Ar.

Ae.

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Fr. l.

N.161.

Miscellanems.

Copy to T. 5. pero cign 19 Day36 L.G.

हसुस

Sir

Hong dong chong v

RECEIVED

DEC. 9

1856

276

Covemment Affices, Metri Aughtons, 10th October, 1858.

I have the how to acknowledge

lust

your despatch 1.81 17 25+ Full bact respecting the will and properte of the late Mr. Bard of Expenhagen

It will be readily understood that the Government has no power

to interfere in private testamentary matters, but in this

but in this particular care of Mr Burd it appears to

The Right, Arnorable

Derry Labouchere, M. &..

Ac.

Fr.

V.

17

L

Luc

that if the wishes of the daughter

were exvied out,

the interests of the rephew might suffer, and the fject of the Testator would be

set aside.

any

It is evident however that

action to be taken must

riginate with Madame Kingsey

rirself.

or

come one duly authorized on her behalf, and that

the place of reference is the Supreme Court here, in which the will

was

proved and administration

granted.

I am given however to

:understand that Mr Block will

his

make some proposal for

his own

277

release from the Administration

of this ritate, is that the property will be left entirely in the hands

the two parties interected.

I have the hown tobe, With the highest reseet,

Sir

Your most obedient Armble Servant

Wha Barring

ویه

Foreign Office LF.?

Non Manale

Hm D 15

17

The Pisht Stith Henry Labmonene, Mor

Governor Sir John Bowring 10th October, 1857. Metoria, roughing

A2/61.

Received

Stink of lopeningen.

proments of the late Mr John Sily resrecting the Will and

he reply to Secantel 10/ges

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No162.

rucentive.

sapt

Jeey 56-145

with Low 1103E

Sir,

01050 Long đóng

ECEIVED

DEC. 9 1856

278

THE Government offices, Victori

Arnistory, 108 Betoler, 1855.

Since writing my deciated. 171/87

of 7th Instant, I have received the

enclosed despatch for transmission to your address

I take the opportunity to

12. enclose copies of the further proceeding

in the bricntive Council on this

subject

The Night Armoralie

Honorable, Henry Labonelere, M. D.

He.

Tablou elet

1

Men Memale

See

11045

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Souther

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minute on 11045?

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M. 16

I have the hown to be With the highest respect,

Sir,

Your Mint Obedient

Arnuble Sewant,

o

279

HongSong JCcbber-1856

My We have the honor to enclose, for your

41

information, copies of a memorandum addressed to the Justices af the Peace of this

of Colony by this Excellency hi Wohn Bowring the Governor of the beolony, upon the 19th of langust last, and of certain correspond ence, relative there to, between the rusticas

Sucellency.

These copies

and His

in

me take the liberty of transmitting a printed form, duly authenticated, for the convenience of reference.

It is stated in the memorandumi

that, upon a certain occasion, "in the

"the dement of His Excellency the obvious " intout and meanmunalled

4

"

of

the law were

abrogated and annulled by the action " of the "Bench"; and, subsequently, the Justices are charged

with having

a Co-operated with the acting Chief Magistente

in his determmation not to give effect to

"the law."

to mess any enquiry

The Right Honorable

We are not disposed

into the charge made

Re Secretary of State for the Colonies

London

agamist

:

י

سمجھو

Even

against us bytt is Excellency in the latter respect, as we consider that we have sufficiently disproved it, had it not been sufficien Ky disproved by the acting chief Magistrate, previons to the issuing of the memorandum, in the course of his correspondence with the Government upon the subjet, which Correspondence was submitted to the

Submitting to you

the

meeting of Sustices on the 25 Mashngest. We are, however, under the

necessity of question arising out of the position assumed bytt ti Eucellency in the Memorandum.

regaid

to the judicial independence of the M.

m

Magistracy.

Hii

Excellency, with the concurrence of the Executive Conneil, assumes the power of

dictating the interpretation of the law to the Magistracy, — a power so opposed to om ideas of the duties, privileges, and responsibility, of a magistrate, that we feel "compelled respectfully to request

-

280

that you will place the question before the legal adoriers of the brown, and transmit then opinion to this

Sucellency For John Bowring for our information and guidance.

We have the honor to be

Sir,

Your most obe

&

most obe dient sewants

Rcontrols. I. Pro. Leslie H

than Scarth. II. John & Selts. 4

Coltin. 80.

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281

MEMORANDUM

Addressed to the JUSTICKS OF THE PEACE by His Excellency Sir JoHN BOWRING, and relative Correspondence.

PRAT

MEMORANDUM.

In a Commission issued, on the 4th October 1855, by His Excellency the Governor, thirteen Gentlemen were nomin- ated Justices of the Peace, they not being invested with other Official authority. The number has been augmented by subsequent Cominissions to Fifteen in all.

His Excellency has caused a Return to be made of the number of attendances at Petty Sessions since the time of the issuing these Commissions.

HONGKONG, 26th August, 1856.

To The Honble. W. T. MERCER, Esq.,

Colonial Secretary. SIR.We have the honour to address you with reference to a Memorandum dated 19th Instant, addressed to the Justices of the Peace of this Colony, by order of His Excel- lency the Governor, with the concurrence of the Honorable Members of the Executive Council.

The first four paragraphs being of a general nature we pass over for the present, but the remainder of the Memoran-

He finds that one gentleman has given six attendances, five gentlemen have given two attendances, and two gentic-dun demands more particular notice from us, as the Justices men rae attendance, while seven gentlemen have given no attendance since their appointment.

He has to remark that there have been only two occasions on which more than one Justice has assisted the stipendiary Magistrates with their presence and advice.

On these two occasions four Justices attended, three of whom for the first time since they were sworn in. They are stated to have been present at the special request of the Acting Chief Magistrate-ard on the first of those occasions (the 23d May) there was as it appears an unanimous con- currence in a decision by which, in the judgment of His Excellency, the obvious intent and meaning of the Law were abrogated and annulled by the action of the Bench.

On the 24 June, invited again (as is officially reported) spe- cially by the Acting Chief Magistrate three of the Justices who had been present at the sitting of 23d May, and another Justice who took his seat then for the first and only time in which he has ever acted, formed the Bench, and these Justices again supported the Chief Magistrate in his determin- ation not to give effect to the Law. His Excellency is informed that one of the Justices present-a member of the Legislative Council-distinctly pointed out to his colleagues the error which had been committed on the 23d May and which had been the subject of reference to the Legislative Council. That gentleman of course dissented from the conclusion by which a majority co-operated with the Chief Magistrate in his extraordinary course of proceeding.

For the maintainance of that supreme authority of the Law which, in the great interests of the whole community, every Government is bound to provide for, and of which all Justices of the Peace are expected to be instruments and auxiliaries, His Excellency directed an application for a mandamus against the Acting Chief Magistrate to be appli- ed for to the Chief Justice in the Supreme Court of the Colony, which mandamus has been granted by His Honor, caliing upon the Chief Magistrate to enforce the Law. Its granting was accompanied, as His Excellency is informed, by a declaration from the Bench that "the Magisterial Decisions were against the Law," and a prompt obedience was recommended to its requirements.

His Honor expressed a hope that there would be an im- mediate and satisfactory return to the mandanius, showing that there is no disposition to overturn the authority of the Law, but rather to give effect to its provisions.

His Excellency concurring in that wish, and desirous of promoting that unity of purpose and of action, which should undoubtedly be the object of all who are invested with Public authority for the maintenance of Law and Order, has directed the memorandum to be circulated among all the Justices of the Peace.

(Signed

By order of His Excellency the Governor, with the concurrence of the Honorable

Members of the Executive Council.

L. DE ALMADA E CASTRO,

Clerk of Councils, Government Offices, Victoria, Hongkong. 19th August, 1856.

Addressed to,—

The Honorable W. T. MERCER, Esq; The Honorable J. F. EDGER, Esq; CHARLES MAY, Esq; JOSEPH JARDINE, Esq; GEORGE LYALL, Esq; JOHN D. GIBB, Esq;

CHARLES F. STILL, Esq;

R. S. WALKER, Esq;

JOHN RICKETT, Esq;

Captain T. V. WATKINS, R.N.,

W. H. MITCHELL, Esq;

R. C. ANTROBUS, Esq;

T. C. LESLIE, Esq;

ANGUS FLETCHER, Esq;

A. C. MACLEAN, Esq;

WILLIAM LAMOND, Esq

The Honorable T. C. ANSTÉY, Esq;

SAM GRAY, Esq;

JOHN SCARTH, Esq.

immediately alluded to therein.

We deem it unnecessary to enter into any discussion re- garding the merits of the cases to which particular reference is made, or to the decision at which we arrived after careful deliberation,

If the complainant was dissatisfied therewith, recourse was open by appeal to the Supreme Court.

We cannot however permit the charges and insinuations contained in the Memorandum to pass unnoticed, impugning as they do our motives of action while sitting on the Bench as sworn Magistrates.

We observe that in the "judgment of His Excellency the obvious intent and meaning of the Law were abrogated and annulled by the action of the Bench on the 23rd May, and, that on the 2nd June, invited again (as is officially reported) specially by the Acting Chief Magistrate, three of the Justices who had been present at the sitting of 23rd May, and another Justice who took his seat then for the first and only tine in which he has ever acted, formed the Bench, and these Justices again supported the Chief Magistrate in his determination not to give effect to the Law, and co-operated with the Chief Magistrate in his extraordinary course of proceeding."

We know not by what course of reasoning Ilis Excellency may have arrived at these conclusions, but, while we, with all due respect, indignantly deny the imputations thus cast upon our motives, we challenge the right of His Excellency, the Executive Council, or any other authority to dictate our course of action while on the Bench, or to publicly question, in such terms, our decision when given.

We would also point out to His Excellency that the inference which may be drawn from the Memorandum under notice, that the writ of Mandamus issued by His Honor the Chief Justice had reference to the decisions of the Justices on 23rd May and 2nd June, is an incorrect one. The question submitted to His Honour was, whether, under the Ordinance No. 8 of 1856, a Magistrate could decline to hear a fresh complaint on a case which he considered already decided. His Honour decided that he could not refuse to hear such a complaint, and desired the Acting Chief Magis- trate and Mr. May to enquire, without delay, into the com- plaint, and adjudicate thereon; but so far as we are able to learn, His Honour from the Bench made no reference to and gave no opinion upon the decisions of 23rd May and 2nd June.

Reflections, involving a slur upon our character, have been cast upon us, for which we were quite unprepared; and, feeling deeply their injustice, we bave submitted our con- duct in the cases which have given rise to them to our Brother Justices, whose opinion thereon will reach His Excellency in another form,-We have, &c., &c.

To The Honorable

GEO. LYALL. WM. LAMOND.

THOS. C. LESLIE.

R. C. ANTROBUS.

HONGKONG, 20th August, 1856.

The COLONIAL SECRETARY of Hongkong. Srn, We, the undersigned, Justices of the Peace for the Colony of Hongkong, have the honor to acknowledge the receipt of the Memorandum issued by His Excellency the Governor, under date the 19th instant, addressed to all the members of the commission of the Peace, as well official as non-official.

A meeting of the Justices, duly called by circular, took place on the 25th instant, for the purpose of taking the me- morandum into consideration. The meeting was attended by the undersigned, and by the four non-official Justices specially alluded to in the memorandum, conprising the whole of the non-official Justices in the commission at pre- sent in the colony, with the exception of one who was pre- vented from attending by indisposition. None of the official Justices attended. The grave importance of the imputations made by His Excellency in the memorandum, and of the principles involved in it, compelled our most serious atten- tion, and we beg respectfully to submit to His Excellency the following observations in reply.

The remarks in the memorandum regarding the return of attendances of Justices at Sessions appear to imply a com-

yourself and the Attorney General-both being members of hearing of the case: if any thing were wanted to shew that the Legislative Council-would be pleased to assist him at the he was very far from being actuated by a "determination not to give effect to the Law," surely this should suffice. both of the occasions in question the Bench specially and re- It further came under the notice of the meeting that upon peatedly urged the Plaintiff to remove the case by writ of certiorari to the Supreme Court, not because any doubt was entertained of the justice or legality of their decision, out bocause it was of the greatest consequence that the construc- tion of an ordinance affecting interests of great magnitude, and so ambiguous in its terms, should at once be settled by the highest judicial authority of the colony. Considering terests of the Crown, it is our humble opinion that the course that the Plaintiff on both occasions was representing the in- recommended by the Bench of Justices would have been not only more correct but more just and dignified than that which His Excellency has seen fit to pursue.

plaint of neglect of duty on the part of many of them, and we beg most repectfully to remind His Excellency that several of the Justices in the present Commission declined to accept office under it if it were expected that they should punctually attend at the Petty sessions, or if their nomination were in- tended chiefly for that purpose. It was conceived that the appointment of stipendiary Magistrates in the colony sup- erseded the ordinary duties and services of the Justices of the Peace in sessions. In that view His Excellency concurred in every instance in which it was stated, and it was under- stood that the Justices were not expected to attend the Petty sessions, unless invited to do so upon the occasion of extraordinary cases coming on for adjudication. Notwith- standing this His Excellency having thought it necessary to call for a return of attendances at sessions by the non-official Justices, we deemed it necessary to make enquiries as to the attendance of the Justices "holding other official appoint- ments" and who, being in the immediate service of Govern- ment, might reasonably be expected to pay at least the same attention to their Magisterial duties as their non-official coadjutors; and we found that there had been no attendance by any of the Justices bolding other official appointments, if we except the one lay member of the Legislative Council. So far as we can ascertain no non-official Justice upon being applied to to assist the stipendiary Magistrates in cases of importance, declined to attend ; but two of the Justices hold-good, and not evil, as His Excellency is pleased to state, we ing other official appointments, upon being asked to attend at the hearing of one of the very cases named in the memoran- dum, declined upon the plea of pressing business. We do not question that plea, but we submit that the conduct of the non-official Justices in this particular contrasts favorably with that of their official brethren. If it be objected to these remarks that the nature of their offices prevents the official Justices from attending at sessions we should be glad to be in- formed for what purpose, different from the others, they were included in the Cominission.

Co-

His Excellency is pleased to state in the memorandum that certain of the Justices on the 23d of May concurred with the acting Chief Magistrate in a decision “by which, in the judgment of His Excellency, the obvious intent and meaning of the Law were abrogated and annulled by the action of the Bench"-that again, on the 2d [3d] of June, certain of the Justices "supported the acting Chief Magistrate in his determination not to give effect to the Law” and “ operated with him in his extraordinary course of proceeding." These statements being tantamount to a charge of deliberate perversion of justice and violation of their oaths of oflice by certain of our fellow Magistrates, we felt bound to make the most careful enquiry into the facts. In the course of that enquiry we ascertained that some correspondence had taken place, previous to the issuing of the menorandum, between the Government and the acting Chief Magistrate in respect of the decisions of the Bench on the two occasions in ques- tion, which correspondence being called for by the meeting, such portions of it as contained any reference to the Justices were submitted to us. After careful enquiry into the whole circumstances of the case as detailed in the correspondence and the statements made to the meeting by the four Justices referred to in the memorandum, our unanimous opinion is, that the allegations made by His Excellency have no foun- dation whatever.

The cases for trial on the 23d of May and the 2d [38] of June were of vital importance to the community and to the most material interests of the Colony, and the judicial exam- inations in those cases appear to us to have been conducted with the most conscientious regard to a just and true inter- pretation of the Law, Extraordinary efforts were indeed made by the acting Chief Magistrate to secure the co-opera- | tion of other Justices on those occasions, but for what pur- pose? For the purpose, as is alleged, of abrogating and an- nulling the obvious intent and meaning of the Law? No, but for the purpose of giving the most scrupulous and care- ful consideration to an Ordinance that had only a short time before been passed, and of securing, in so far as it lay in his power, a just and equitable decision in the cases arising under it which were then before him.

We do not feel called upon to express any opinion as to the construction of the ordinance under which the decisions complained of were given: that may possibly come under the notice of the Government in another form. It was not necessary for us to do more than satisfy ourselves of the intentions of the Bench in those decisions, and that they were have received ample testimony. A communication to the Government, under this date, by the four non-official Justices ing of Justices and received its unanimous approval, and we who joined in those decisions, was read to the general meet- now respectfully beg to inform His Excellency that while we most sincerely regret being compelled to differ from him in opinion upon this subject, we do most cordially and fully assent to and confirm, in every particular, the view taken of His Excellency's memorandum by those four Justices and to the Government. We further most respectfully beg to the opinions respecting it expressed in their communication inform His Excellency that we not only approve in all res- Justices concerned upon the occasions in question, but that pects of the conduct of the acting Chief Magistrate and the

conscientions integrity of purpose in administering the Law we have the most perfect confidence in their unbiassed and generally in their official capacity,

His Excellency was pleased to conclude the memocandum promote the "unity of purpose and of action which should with an exhortation to the Justices generally to observe and undoubtedly be the object of all who are invested with pub- lie authority for the maintenance of Law and order." "We beg respectfully to assure His Excellency that so long as we remain in the Commission of the Peace be will find in us, equally with our fellow Justices who form the immediate subject of his memorandum, perfect unity of purpose, both in maintaining Law and order (which is our privilege and duty) and in resisting all improper interference with our freedom and independence of action in that respect.

nised axion (with which we cannot suppose His Excellency It is not merely our opinion, but it is a universally recog- to be unacquainted,) that a Magistrate in his official capacity and to any Executive Council, and not only need not, but on the Bench is superior to every member of the executive,

higher judicial authority except in the regular course of ap- dare not, submit to any interference or dictation even by a peal. We most deeply regret to recognise in His Excel- attempt to interfere with and dictate to the Magistrates of lency's memorandum an unconstitutional and unjustifiable this Colony in their judicial capacity, and we feel bound, with all respect for His Excellency and deference to his opinions, to record our emphatic protest against the dan- gerous principles upon which the memorandum proceeds, tive, to interfere with or in any way restrain or influence, and against all attempts whatsoever, on the part of the Execn- either directly or indirectly, the perfectly free and indepen- dent action of the Magisterial Court in this colony.

In conclusion, we beg you will assure His Excellency that while we have thus, as freely and faithfully as the occasion demanded, submitted to him our sentiments in regard to the opinions His Excellency has expressed respecting the Magistracy, we are at the same time fully impressed with the dignity of his office, and sensible of the duty and respect which are owing to it, and which we will always gladly render.-We have the honor to be, Sir, your most obedient

(Signed) SAM GRAY,

servants.

Chairman of the Meeting of Justices of the Peace on the 25th instant,

J. JARDINE.

F. STILL A. C. MACLEAN,

JOHN SCARTH,

It may be that the return of attendances called for by IIis Excellency, and the remarks made thereon in the memoran- dum, were intended, not to form a complaint of neglect of duty against the Justices generally, but to invest the sittings of the 23d of May and the 2d [3d] of June with an unusual appearance; in that case we beg most respectfully to state that the impression conveyed to our minds by that unusual appearance is very different from the impression made upon His Excellency. His Excellency sees nothing in it but a de- termination on the part of the acting Chief Magistrate to subvert the Law, and on the part of the Justices to supportC. him in doing so we see nothing in it but an anxious desire on the part of the Magistrate to render his decision as accur- ate and sound as possible, and on the part of the Justices to assist him therein. In one of your letters to the Acting Chief Magistrate, written, we presume, under the direction of His Excellency, you were pleased to observe that you were loss to understand the specialty in the cases which rendered it necessary to call in the unusual aid of the Justices." We are glad to find that the acting Chief Magistrate exercises a sounder discrimination, that he recognised the special im- portance of the cases, and that he displayed so strong a de- sire to secure the administration of full and impartial justice to the parties at issue, by conjoining with himself upon the Bench a number of his fellow Magistrates. It is, in the high- est degree improbable that a Magistrate possessed by a pre- conceived determination not to give effect to the Law should seek to hamper himself by calling to the Bench a number of colleagues over whose opinions he could exercise no control, and who were possessed of equal powers on the Bench with himself; yet Mr. Mitchell not only did so, but upon one of the occasions in question he specially requested that you

at a

ROBT. S. WALKER. J. RICKETT.

JOHN D. GIBB.

absent from the meeting of the Justices of the Peace on the Hongkong, 27th August, 1856.-Having been unavoidably 25th instant, the Justices present at that meeting have sub- hereby signify my full concurrence with and approval of mitted to me for consideration the foregoing letter, and I the views, opinions, and resolutions which it expresses.

(Signed) ANGUS FLETCHER, J.P.

COUNCIL ROOM, VICTORIA, HONGKONG, 1st September, 1856. GENTLEMEN,-Your letters of the 26th ultimo were com- Executive Council, whose Honorable members concurred in municated to the Governor, and by him laid before the the reply which I am instructed to convey. His Excellency utterly disclaims any intention by his memorandum of casting Magistrates, of accusing them of "evil intentions **.

a slar upon the character of the un-official -or what tantamount to a charge of deliberate perversion of

is

H

*

17

71

Justice, and violation of their oaths of office"--nor does he sense of the word, but the conduct of the Magistrate in think his language fairly susceptible of such interpretation. giving effect, in the first instance, to what be believes to be He has had no object but to maintain in the great and the true intent of the law is not illegal in the sense in which general interest of the community the supreme authority of His Excellency is pleased to apply the word. the Law, and does not think it necessary or becoming to gives a decision which is reversed by a higher Court upon If a Judge enter into a defence of what is represented in your commun- appeal, such decision, being contrary to the law, may be ications to be an unconstitutional, unjustifiable, described as ፡፡

illegal" in the literal sense of the word, but dangerous," and "dictatorial" proceeding.

we should hesitate to say that the conduct of the Judge in The question at issue has been decided by the highest giving such a decision was illegal. Legal Authority in the Colony, and the conduct of the acting 4. We are also advised that the costs of application, which Chief Magistrate which the Justices state they "approve are stated by His Excellency to have been visited upon the Chief Magistrate, have not been visited upon him, he having complied with the terms of the writ, and been officially in- formed, by the Court itself, that "no costs having been in- curred he had "

none to pay."

in all respects," has been declared by the "Chief Justice" to have been "illegal" and "without excuse". The mand- amus granted by His Honor was made absolute, and in the case of Tye Ating the costs of application were visited upon the acting Chief Magistrate, on the ground that "the error of his judgment had been pointed out to him again and again." Costs were not given in the case of Mr. Duddell as the Chief Justice thought, "if the Magistrates could show that their error had been a bona fide one, it would be hard to visit them with the costs, particularly if they were now to render a prompt obedience to the writ, and make return that they had obeyed it."

5. We are extremely surprised to learn from His Excel- lency that he was advised by the Attorney General that the Crown is excluded from the benefit of the writ of certiorari, no principle of law being more clearly laid down than that the Crown never loses the benefit of that writ, even when the certiorari is denied by the Statute, unless the right of the Crown in that respect be expressly barred. By Ordin ance No. 10 of 1844 certiorari is allowed in all cases in this Colony, even when denied by the Imperial Statutes in force in the Colony, and we are at a loss to understand how any doubt about the right of the Crown to the benefit of the writ can exist in the mind either of the Attorney General or His Excellency the Governor.

As both communications seem to take for granted that the magisterial decisions were open to appeal and one of them expresses an opinion that such an appeal would have been more correct, more just, and dignified," it is im- portant to state that the Attorney General was directed by His Excellency in Council to remove if possible by writ of certiorari the cases in question to the Supreme Court, but his Excellency was advised that the Crown was excluded from the benefit of such writ. It has been officially reported to His Excellency that Mr. Mitchell was well aware of the opinion of the legal adviser of the Crown, as to its exclusion from the power of appeal. If the Acting Chief Magistrate ins-refer, in the first place, to the letters which he directed you tructed the Justices differently, the responsibility no doubt

rests with him.

44

6. It is stated by His Excellency that costs were visited on the Chief Magistrate, because "the error of his judgment had been pointed out to him again and again;" and that he was well aware of the opinion of the legal adviser of the Crown as to its exclusion from the power of appeal." We are informed that in these remarks His Excelleney can only

to address to the Chief Magistrate, subsequent to the 28d of May, in which the difference between the interpretation of With reference to the statement that Sir John Bowring the law by the Magistrate and by the Governor is pointed had released several of the Justices from any obligation of out to the former; and, in the second place, to explanations punctual attendance at Petty Sessions, he has no recol-offered in court, during the trials in question, by Captain lection of having on any occasion exonerated any gentleman Cowper, the plaintiff on the part of the Crown, as to the from the discharge of the functions connected with so im- Crown's exclusion from the power of appeal. It is precisely portant an appointment, He has undoubtedly stated that upon this point that the conduct of the Chief Magistrate with so large a Bench, a routine arrangement for the distrib- especially deserves and receives our approbation and support. ution of Magisterial Duties, would make the claims on any We cannot admit that Ilis Excellency has any right to one magistrate very little onerons, but he had neither the dictate his own interpretation of the law to the Magistrate, purpose (nor indeed the power) of conferring an honorable and it would be strange indeed were the Magistrate to take distinction and disassociating that distinction from its the law from the plaintiff' in a case against his own convic-

tion! appropriate responsibilities,—I have, &c., &c.,

To

(Signed) L. D'ALMADA в CASTRO,

Clerk of Council. W. LAMOND, Esq., R. C. ANTRObus, Esq.,

GEORGE LYALL, Esq., THOS. C. Leslie, Esq.,

SAM GRAY, Esq., J. P.

Chairman of the Meeting of Justices of the 25th August.

J. JARDINE, Esq.,

A. C. MACLEAN, Esq.,

C. F. STILL, Rsq.,

JOHN SCARTI, Esq.,

To The Honorable

R. S. WALKER, Esq.,

J. RICKETT, Esq., JOHN D. GIBB, Esq., ANGUS FLETCHER, Esq.,

HONGKONG, 23d September, 1856.

The COLONIAL SECRETARY of Hongkong,

Victoria. SIR-We have the honor to acknowledge the receipt of the letter, dated the 1st instant, addressed to us by the Clerk of Councils, in reply to our two separate communications of the 26th ultimo. We observe with pleasure that that letter removea, in some measure, the individual application of the memorandum of the 19th of August, but regret to find that it leaves untouched the important principle which it was the object of our first communications to assert in support of our magisterial rights and freedom of action; we do not, however, press His Excellency to avow any opinion upon that subject, our purpose in again addressing you being merely to correct the erroneous impression which His Excel- Jeney's remarks upon some of the points under discussion are calculated to convey.

2. In the letter muter reply, as well as in the memorand- am, the writ of mandamus and the opinions stated to have been expressed by Ilis Honor the Chief Justice are placed in counexion with the cases heard by the Magistrates on the 23rd of May and the 3rd of June,-upon which the memorandum was professedly based. We beg leave res- pectfully to repeat that the writ of mandamus, to which His Excellency has so repeatedly and in such strong terms re- ferred, was not issued in respect to those cases; and, inas- much as the conduct of the Chief Magistrate which, it is said, the Justices "approved in all respects," was his conduct upon the above-named occasions, His Excellency is distinctly in error in stating that it has been declared to be "illegal

and without excuse.'

7. His Excellency has no recollection of releasing any of the Justices from attendance at sessions. We note that he had neither the purpose nor indeed the power to do so, and leave it to the Justices in question to recall the circumstances to his recollection.

8. His Excellency the Governor states that the question at issue has been decided by the highest legal authority in the island, but it does not appear to us that it has. The question at issue is, in effect, this, whether the law is to be administered according to the judgment of the Magistrates who are sworn to dispense it according to the best of their knowledge and ability, subject to correction by appeal to the Supreme Court, or according to the judgment of the Gover- nor and Executive Council? His Excellency is pleased to state that "he had no object but to maintain, in the great and general interests of the community, the Supreme au- thority of the law," but "that he does not think it necess- ary or becoming to enter into a defence of what is represent- ed in our communications to be an unconstitutional, un- justifiable, dangerous and dictatorial proceeding." We beg to assure His Excellency that it was very far from our purpose to call in question the nature of his intention, or the utility of the object which he had in view. Nor did we. We will ever, as is our bounden duty, most cordially co- operate with His Excellency in maintaining the supreme authority of the law, and it was because, in the case in que- stion, the course pursued by His Excellency to achieve so desirable an object seemed to us in itself subversive of the law, because destructive of our freedom of action in adminis- tering and enforcing the law, that we ventured to record our opinions upon the subject in the emphatic terms quoted by His Excellency.—We have &c., &c.

(Signed)

A. FLETCHER, A. C. MACLEAN,

C. F. STILL,

R. S. WALKER, J. RICKETT,

R. C. ANTRÖBUS,

SAM GRAY, Chairman,

J. JARDINE,

GEO. LYALL,

J. SCARTH,

W. LAMOND,

J. D. GIBB.

T. C. LESLIE.

COUNCIL ROOM, VICTORIA, HONGKONG, 25th September, 1856. of your letter dated 25d instant, to the address of The Hono- GENTLEMEN, I am directed to acknowledge the receipt rable The Colonial Secretary, and to state that it has been laid before His Excellency The Governor in Executive Council. I have, &c., &c.,

To

(Signed)

3. The opinions attributed by His Excellency to the Chief Justice are given in the form of quotations, and are doubt- less, therefore, authoritative; we do not find them, however, in the mandamus, nor are they on record anywhere except in the memorandum and in the letter under reply; we have seen, in paragraph 2d of this letter, that His Excellency has in one instance misapplied them, and if they refer to the mandamus in question they appear to be very strong for the occasion. If a Magistrate believes that he has no juris- diction in a certain case and declines to adjudicate, the A. C. MACLEAN, Esq. higher Court will point out to him his error by a writ of GEO. LYALL, Esq., mandamus; the erroneous action of the Magistrate, in such C. F. STILL, Esq., a case, being contrary to the law, is illegal in the literal Jons ScRTH, Faq

que copies

SAM Gray, Esq., ANGUS FLETCHER, Esq., J. JARDINE, Esq.,

J. L. D'ALMADA E CASTRO,

for Clerk of Councils,

ROBT. S, WALKER, Esq.. WM. LAMOND, Esq., JOIN RICKETT, Esq., John D. Gibb, Esq.,

R. C. ANTROBUS, Esq., THOS. C. LESLIE, Esq.,

Sambray 1.

282

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(Copy)

Executive Council-

Present-

Anas0/56

283

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25th September, 1856

His Excellency The Governor ..

The Hoürble The Lient: Governor, The Wouble The Colonial Secretary.

The Council met to day by

Special Summons.

The Minutes of the last Council

were read and

approved.

His Excellency laid on the table the following letter from the Justices of the Peace!

!— Ma

in

reply to the letter addressed

to them on the per September

inserted in the Minutes

4

Council held that day. Here follows letter from the Justices of the Peace. dated 28 September forming Inclosure in Despatch Wr 157 of 7th October 1856.)

The Contents of the letter having

been discussed The Governor requested the Honorable

Members to

ive their

to give

Opinions in writing which

as follows.

were as

284

By the Honorable the Colonial

Secretary

My opinion has already

been given in Memorandu-

handed in on 30th ultimo,

on the general subject of

this corres

Correspondence

As regards

this letter

from the Magistrate of 25 ? instant the only point-

worth

is that

noting is wherein the Magistrates

persist in denying the Chief Justice

any

that

ustice made

allusion to the cases

3

tried by the Bench of Magistrat.

+

i

As this is

is

is proved by the official report of the attorney "General, and repeated ~ officially by that officer after he understood that

the Magistrate it may be for this Excellency

ales denied it,

to consider whether this

distinct authority.

authority for

the

statement made by him

ven in

should not be given

reply

to the letter under

Consideration.

th

(Signed) W. J. Mercer

b. S.

21/17 September 1850

285

His Excellency having Called

for my.

advice as a Member

of the Executive Council, I have to add that I think

it best to look upon the

Magistrates.

istrates letter

instant as closin

23

of 28th

ansclosing the

"Correspondence

I would reserve further

explanation for Despatch

to the Secretary of State for

the Colonies.

(Signed) W. J. Mercur

M. E. b.

25 September 1866.

By

.....

By the Honorable the Lient=

Governor .

Council Chamber.

Executive

25th September 1856 The love of the Letter from the justices dated

23rd instant is so discourteous,

that I do not consider

a

reply in length would be either dignified or useful, therefore I suggest that.. it's receipt be acknowledged

with an intimation that

His Excelleney The Governa will forward it, together

286

with all the correspondence

· connected therewith, to the

Right Honorable The- Secretary of State for the

Colonies.

(Signed) W. Caine

Lient : Governor

His Excellency suggested that the following letter should be addressed to the Magistrat.

Gentlemen,

Council Room Victoria. Horegtory,

No

25th September 1836

Your letter dated 2.8 instant

:

;

1

J

!

has been laid before the Governn/in bouncil)

does not

His Excellency think it desirable farther

to discuss divergent opinion as to the relative position and duties of the Excentive

authority of the Peace, as the whole of

and the pustices

the

correspondence will be forwarded to Her- Majesty's Government.

But as the letter now under acknowledgment. appears to re-iterate an impression that the Chief justice has not expressed

his

287

opinion as to the proceeding of the justices in the cases

brought before them under

Ordinance Nr. 8

Nr. 8 of 1856, Sir

John Bowring feels again

compelled to state that the decision of the Magistraten on the 28th May and 20 June

was

2.

не

the subject of discussion

in the Legislative Conveil, on which occasion (in the presence of one of the Magistrates who had been party to that

decision) and with the

unanimous concurrence

шаш

of the Conveil His Honor

declared that the Ordrirance

}

3

i

r

·

10

283

has

did not admit of the interpretation given to it by the Bench of Mag-

of Magistrates and His Excellency been further officially and formally advised by the Attorney General that

issuing the Mandamus

on

not granted Nise but

#gran

made absolute which

required a prompt obedience to the Law, the Chief. Justice did take occasion

to e

express opinions disapproving of the

ret of the Bench

Conduct

net of.

Resolved.

As a Majority of the Pouncil

are

of opinion that further reference by the Council to the Magis.

Magistrates Setter should be confined to a

simple acknowledgment

=

of receipt - it was so decided. (Signed) John Bowring

Governor 73

Read and approves

thes 15th day of October 1856.

ye.

(Signed) J. M. L'Abrirada e Castro,

for the Clerk of Council (True Copy)

for the Clerk of Councils

:

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1

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1

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Despatch #162 671856.

Inclosure 12 in

» 1763. Legislative.

Ben 547

Beck

sir,

1057 Hong dong

RECEIVED

DEC. 9 1856

289

Corrrument Offices, Ketoria,

•Augtong, 102 betober, 1856.

I have the how to reint

that in accordance with the

instructions, contained in

your

13th June, I

Dispatch 1.67 14 18th =

of

by

have procured and transmit this Mail Twelve une copies of the Laws of Hong Hong

Part I.

The Right Minable

Labouchere, In. D

Heury

Ac.

tc.

Yc.

P

¡

Proccedings of the incentive

on

Cormeil held September, 1856.

the 25t

i

Air Female

Achundlege

a send the Bush's to the

مة

Аплект

Am 810

1.3

I have the honor tobe, With the highest respect,

four dunt obedient

Humble Servant

Shu kuning

he Sohn Bensing

8441

11051 Nove

Enter

290

DECR

Jaces 12

Mule

12.

Full Neostatischiere 13

вели

!!

13 Dee756

I have to achmorbage

the amight of your

Despeth I 163 of the 10t of both excling tuclie Copies of the first Jeach of the Laws of Harry Kong.

She

÷

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8.164.

Financial

みな

({ // NS H?

to Treasury for

desposed of 20

Kraft with Bow: 2714 March/E8

Fr M f 5

11032 chong chóng

FCEIVED

DEC. 9

9281

291

Yovernment offices, Victorin

Aughtong, 11th betober, 1856.

With reference to my Despatch 1:44, Financial of 24th March, 18583,

the subject

on the

the establishment

of a mint, I beg to cuclose copy of

an answer to my application made to the authrities at Caloutta

for information on this important

matter.

sic many

obstacles to the

The Night Aunable

Henry Labouchere, M. P.,

Ac.

Yc..

१.

!

mation of such an establishment

J

here, but trust that

a way

may be found for

the supply

!

of the proposed Gollar either from the London on the Exleutte

llint

I have the how tobe,

With the highest respect,

Sir Your Munt Hedient

Humble Servant

Ner Shailey

Here you chose Refers they

nich been returned to the Defl_ since the amial of the Govor Desp: of 24 March...

10 Dev VI

Leve

Bernin

J

292

Nr.3739.

To

Iinancial Depart

The Colonial Secretary.

Hongkong

Sir.

I have received and laid

before the Right Honorable the Governor General is bouncil,

your

letter W. 982 dated the 20th

April last, containing an enquiry

the conditions on ting the

respecting

which the balcutta Mint would

undertake the

coinage of Dollars blina, and the cost of Construction including

for

Machinery of the balcutta

<.

293

Mint,

and the

geveral

arrangements for the conduct of its business.

in

yod. In reply

to the first

part of your enquiry sam

directed to state that all the

resources of the balcutta Mint

are at

the

at present required for purposes of this Government

and that there is no

definite

expectation of its ever

being in

cnclosed papers

I have, 72,

ed

#

(Aigues) Edin. Rummond Off. Secretary to the "Govt of India.

Fort William

The 8th August 1854

(True

Copy

Celonial Secretary

a position to undertake the

coinage of Dollars for China.

گه

3rd For the informati

desired on the other points

of reference I have the

honor to refer you

to the

آیا ہے اسے انھوں نے

i

Copy

Nr. 21 of 1856/57.

From, Majer S.H. Bell

To

Sir,

Offr

294

Mint Master

C. T. Harrison & squire.

Secretary to the Mint Committ

I have the bown to -

achunwledge.

owledge the receipt of your letter of the 24th June 1856 with Copies of letters from the Government

and the bolonial Secretary

India and

"Honghong on the subject of

proposed Coinage of Imperial -

British Dollars at the Calentta

Mint and of.

the Cost of Construction

of

i

i

6

Machinery, general arrangement. and duties of the functionarie of the same Mint, with the

quantities and varieties of Coin issued from it.

дид

I need hardly observe

to the Committee that the

to the

Mint is at present unable to

" present unable

undertake

any

work but

that of the Indian Coinage

whether it will at a

at any future period that would be suitable

be so

ressure

to the Government of Houghong so far released from press as to be available for

proposed Cornage is a

r the

-question

which if not to be now

determined absolutely

295

in the

rate attended

hate

negative, is at any ha

with such uncertain

uncertainty.

that

it would be incxpedient in my

sinion to hold out to that

oprision

"Government any expectation

that the Coinage of its bullion

could be executed.

zrd

گو

It is not stated what

amount of bullion it is.

to turn into mor

- Money;

it is required

requires

but I

conclude that the Government

of Hougtong is prepared to make the Cornage Continuous for it is obvious that if a

is once.

ce is

Office

a bullion.

opened all the

bullion in the Market will

]

296

in a short time be brought to it unless required for exportation.

opening of the Calcutta

The

Mint, to the Coinage of dollars

must therefore

- therefore be perpetuals.

unless a

a mint were established

in China) to be.

of any real

service, and if the bullion

lt

brought to

t to it on account of

the Hougtong Government were

Kept for any

time waiting an

opportunity to be coined the

result could only be financial

embarrassment and

heavy

loss .

1, th

There would be

difficulty if the mint had

+

3

time for the

work in

rk in performing

would

it satisfactorily ; but it we require the provision of some

Mer

21

apparaters, which could be supplied only from Europe

the serious and I think fatal objection however, to the Coinage

аде

of dollars in the present mint

the

to

under a circumstances is

any difference amounting 4 Dro in the pound between

of

their standard and that

the Indian silver Coins. This would render it necessary

to clear out all the Indian

Standard silver from some of the departments, if not all,

i

!

297

while the dollar Coinage

in progress

was

and would this

of itself prevent the simultaneous

execution of the two Coinages, and probably

Canve

great-

embarrassment at times.

5th Sient. Coll. Smith has

recorded his opinion of the

necessity of a this City for the Coinage of Copper. Were this established

a new mint in

it would not be

far

ad

difficult

as

the

I can judge to combine with it arrangements for Coinage of dollars, and should the Government of Hougtong- prefer this plan to that of a

Colonial Mint, I do not see-

any objection that could be

on the part of the Governme

d

offered

of India. The boll. Goor would

be able to determine whether

it would be more to its as

to

5 advantage

· pay for the Cost of Coinage

here, and

for freight to and

fro, than to establish a mint

its own. In such

fits

a girestion the extent of the Coinage to

be executed from time to time is of plicef importance both to expense

with respect both to ex

with respect

and to public necessity.

6th

#

The rate at which

the Coinage would be executed

}

*

12

here would be 2% for all sorts

of coins, though it is far from

a

certain that it would be fair rate, while the relative

and

amounts of integral fractional Coins are unknown.

In addition there would be

the charge for premelting of Mille or 4/10 %, but if.

1 per bullion

а

ivere

local ass

#

the

- purchased at

assay office, it would

melted or Cut and

be premetted

burned there, and such a

would not be made.

eu

charge

yet. In offering my opinion

#

as to the practicability of executing the dollar Coinage at the new

298

3

Copper Mint, should it be established,

I wish it to be

bject-to correction by Lieut. Coll: Smith,

whose judgement far superior

as it is on all such questions

to

wy

own is parti

particularly

required

uired on the

the point in question, as he is the proposer of the

the me

new.

Mint, and has well considered

its proper organization,

ce on the

ale

Space

and and the

the premises that it

will occupy.

the The

accompanying

Mems.

A shews the Cost of the Calensta Mint, and the Machinery

apparatus employed

and

inn it, I know

nothing of the probable demand

:

!t

144

for Coinage in China, and - cannot therefore offer an opinion

ass to the requisite extent of.

Hongsong

mint at

a

but it would

be the best policy to provid abundant steam poiver by

high pressure engines.

th

#1.

The Machinery fore

Mint of equal power with that

of Calcutta would be far less expensive now than formerly:

Not on

only is

is the lost of Machinery generally reduced; but mint

Machinery especially for Coining presses, has been greatly altered and simplified.

10th Mabular Statement

of Coinage.

299

executed at this Mint

in any period would not properly exhibit its Capability since

the devrand for Coinage hav been very variable. It is therefore

better to state that the mint,

working ordinary trine is equal to 130,000 pieces of Silver and 200,000 pieces of Copper daily

or

to 250,000 pieces of silver alone,

and An

may

be considered

working for

a

260-days in the Besides the Silver and

year . Copper surch.

such quantities of Gold

bullion

as are

brought to the

Mint are coined without

hinderance to the other coinages

E

!

#

Gold

The varieties of Coins are

els and

of the weight of

rupees Rupees each.

Rupees. Half Rupees.

Quarter Dr.

Two anna

of the Value of 15-

pieces

Copper double pyce each a half

Dr in the

амна

ta

Je

Single

до, Еда

a

quarter anna.

Dr. half.

Di

pie

12th

light ann twelfth anna.

Ea the twel

The accompanying

List

B shews the Mint establishment

with its Salaries, and a brief

indication

of its duties and

the Memo. C. shews the

general

८.

arrangement of the Mist .

Calcutta Mint

bale

The 9th July 1886

300

I have the honor to be 7

Mg. J. H. Bell.

Iffy Mist Master

~A..

Memorandum showing the

Cost of the balcutta Mint and the Machinery and apparaters

ed in it-

employed

bost of fourstruction and

general Wrangements of

Machinery you.

The Original Cost of the

1

L

2

301

balcutta Mint was 24 lues

ex

of

expended

Rupees of which 11 war. on the Machinery and 18 laws

on the Buildings .

The Silver Melting Room

4

contains 16 furnaces

11

4 Cranes,

3.

4 pouring frames, 3 Triturating

Mills, and 2 Agitators or pross

washing Machines

Room is

The Laminating composed of two 10-H. P.S. Eugine

4

Breaking down Mills & Rolling Mills, 2 large pairs of Shears 4 pairs of Circular Shears and 8 Reverberatory furnaces. -

The fine rolling cutting. Milling Departments are

and

Q

worked jointly by a 24. H. P. S.

Engine

-

and the Machinery Consists

of 6 - fire rolling Mills, 18- Cutting presses & double Milling

rames and 4

frames

8

and 11 Shaking Machines The annealing pickling

and drying

Room Contains 4

Reverberatory furnaces / Blanching

AL

: pickling boiler 2 drying

stroves and 8

is Cor

The Coins

8 Shakking Machines. Coining Department Composed of a 20 H. P. S. Engine and air excha

exhausting Machinery

-stamping presses

There

re are 12 star

capable of turning out about 350,000 pieces

in a working

reces in

day of 7 hours.

302

!

There is also a 14. H. P. S.

Engine attached to the Die department. Triturating Mills and General

workshop

The Melting Machinery

was constructed by Mandesley

7

London. The Mill work

by John Rennie . The Corning

Machinery

and the 5 Steam

Engines by Boldon and Wall.

Wigued, I.

ed) I. H. Bell

Mint Master

الجدول

(True Popies)

C. J. Harrison

Sexy . Mint Committe

(True Popies)

(Signed) Eduv Drummond

Iff J. Sexy to the Govt. of India

(True Copy)

Colonial Secretary.

balentta Mint.

The 9th July 1856

(True.

i

:

C

:

7

303

Extract from a letter from

the Secretary Mint Committe to the Secretary to the Government: of India in the Financial

Department Nr.7% of 1856 dated the 15th July

#

Tara 2 - The first enclosure of. the offg Mint Master's letter

Marked A. exhibits the total

sum disbursed in the construction

cost of

of the Mint, including

Machinery up to april

the

The

24

1838 at 211 lacs of Rupees

Second enclosure Marked B

ves

gives

the cost of the Mint...

establishment alone, exclusive

3

24

of the Mint Master's Salary . The pharge of the establishments attached to the assay department and the Mint Committees office have likewise been omitted,

but as the total amonit

of

againost

these itenus are debited age

They must necessarily

the coinage they

be exhibited in the charges of

as follows.

the Mint; and are as

Mint Master, Salary - 2786.8.

Mint Establishment - 92.18.-.-8

Assay office

D

Mint Committees Di –

3642-5-9

574--0

Aggregating Co. Rupres 16.190-15

Monthly or company's Rupees

191.290-18-- Annually (True Extract,

(Signed)

301

Edm. Drummond,

Off 2. Secretary to the Gest of India

پاس

(True Copy)

Colonial Secretary

25

;

:

8

:

C

C

271

305

General arrangement of

the Calcutta Mint.

The Silver bullion,

the

the coining of which constitutes the principal business of Mint is now principally

received

from the Merchants though.

there are still considerable remittances of unseur

Coins

Qaid

current

our the interior.

from

god. The bullion from

#

Sullion from the

Merchants is partly in refined.

bars, which if unmbered by the European assayers 9911

and upwards B 181⁄2 or 181⁄2 drots -

!

:

1

a

in the pound better than the

Indian Standard, are burned","

that is heated red hot, and

: pièces in Nder that the Mint May be satisfied that they contain no Mixture of

of other Metal

cut "into several

or substance are then

and

in lumps, assayed, Bars of any

lower Number are premetted

зад

Coins in great

prior to avway

38. Foreign numbers are also received from

in great

the Merchants, and these

are Melted down and the Mass

assayed

like the bars.

1th. The foregoing pot

foregoing processes

306

although performed

med on the Mint Premises and under its officers,

in order that the Mint may:

have the best.

best possible security.

for the integrity of the bullion

to not involve the mint in

any responsibility for the Melting or other losser, the bullion being treated in the presence of its agent,

owner or

his

and secured in the

strong room on his responsability. 5th. The bullion after cutting

and

burning or premelting,

is delivered to the Bullion

Office of the Mint by weight,

and the Mint Master returns

!

L

his receipt, which after the assay, is exchanged by the Merchant for a certificate from the assay Master of the Maddard of the tender and

Value

the amount

of the

due to the Merchant after

and

l A

deducting seignorage charge for premetting

This

20

able at the Treasury 2

is payable

days after date.

6th The bullion received.

into the Mint from any source

is after assay

and registr

registry,

alligated with other Bullion,

and if necessary,

ecessary with copper alloy, to form the Indian-

-

Standard - The alligations are

307

are sent in

?

Made up in the Bullion office from which they Bowes to the Melting Department, and the contents of each bor

are Melted in one

#

e spot.

you. A separate assay of each

pot is made. after the Melting, and if the Metal proves

Mandard or

su

sufficiently

near

ear

to it, it is sent into work.

ter

after

When the bullion appears

the different processes of Manufacture in the form of

Coins, one Coin in 10,000 is taken

daily from the stamping presses, or 10 Coins in all if

the whole Number is under

}

J

!

i

:

L

132

assayed, the exact

100,000, and a

fineness in

assa

ains above

o grains

or

below Standard being specified

Master's report.

in the ass.

These

assay

ieces are the representatives

epice of the whole co

coin

and the

coinage, and

the Mint are

accounts of the

Made up with reference to

the increase or decrease above

or below Standard which

they exhibit.

in

one

#

The Coins are wel

weighed

reels, and also individually

- parcels

for each 10,000 or 10 Coins in

all when the whole number

is less than 100,000

Mint bommittee

by the

303

10th. The processes of the coinage

are not described above, since

33

the same

they are necessarily with trifling differen

rences

in

all Mints exceptathat of Madras where the adjustinent

of the blanks is double Entting

effected by

11th. The Popper coinage

is

fabricated from square slabs, which are annealed, and broken

down into straps of the

имо

There is n

1

proper size. adjustment of the coins.

12th In the balentta Mint

the

responsibility of the

custody of the whole

of the

j

!

1.

bullion and

Copper

er is with

au

Officer called the Bullion keeper,

to in

who gives heavy security, and who has his own agents. every department. Supersisten dents of the different

processes are

The

responsible only

for the correctness and

goodness

of their work, and in the Bullion office the assistants to the Mint Master only Superintend

rintend and re

register the receiptif and distribution of the bullion and issue of the Coins, but are not-

responsible for the

Safe

custody of either, except in

in

309

seeing that seals are placed

upon the strong rooms or other depositories after work

Calcutta

Ot

The 97 July 1988 }

1866

(Signed)

J. H. Bell,

J.

Mint Master

(True Copy)

(Signed)

C. 7. Harrison,

Leety. Mint Committer. (True Copy)

(Signed) Chud. Rummons Off J. Secretary to the Govt. of India.

#

(True Copy)

Мишни

Colonial Secretary.

-

?

::

Copy & War Depart+ inft 13 Defol St

N165.

uficial.

Sir

1053 chong chóng

RECEIVED

DEC. 9 1826

310

Government Affies, Netorin, HongKory,

Hong Kory, 13th October, 1853.

In accordance with

your

inctructions enveyed in despatch

1974 of 16th July lact, I informed the

Militar Authorities that, no

offer

being made under the advertisement

for passage to England of the two Militari Risoners in Civil Custody here, it would be nceissary to send them home by the Transport taken

The Right Aminable

Perry Labouchere, M. S.,

fc.

tc.

१०.

7

up

about this

season

aim for

the

souveyance of -taval and milltary Invalids.

I learne in reply that the number of Suvalits being small,

it had been arranged to send there in Her Majesty's Chip "Winchester=" and I accordingly applied to Rear Almiral Sir Michach Seymour, who consented to order pairage for the two Prisoners on board that'

Frigate.

The "Winchester" will sail in about a week for Portermouth and I cnelore Copies of the descriptive List and of the Judge's orders for custody and removal, the originals

:

:

of which accompanies

and

are

311

accompanies the Convicts handed to Captain Wilson

the "Winchester" of the ill

I have the honor to report

the above particulars in order itat

the necessary steps

may be taken

of

the Prisoners

for the security arrival in England.

I

have the honor to be

With the highest respect,

Sir,

Your most Bedient Humble Sewant,

ThuBenning

J

1

J

New Memall

War Department?

LF

FBlee

вис

Am D

9

'ƒym m

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M

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manią

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• 258/ 7702 49/

Guybuy mon

!

Hongkong Jait

il

чав

312

Jude in

Proriptive list of Military prisoners under sentence of Pinet luvitude

Victoria Jail oft October 1856.

form of Pale Weight Ponnal age profession Crime Transportate Sentence F I Description

of

رم

23 10 Soldier Désertion 15 years felpril 1858. 5

Venal Service

Be Name

Country Jus me or Frade Michael Bryan Ireland 28 2 John Carter England

Soldier Desertionste years

th &

it to July 1800

Senal Service

1hure Cony

ང་

Colonial Secretares

Crucifix

on right

woman on left wring. marked with sma Koy- Letter Dunder left &me. 9 Letter Dunder Left

101⁄2) Arm. Anchor &

Nemacks

(Signed) Chat. May

Acking Sheriff

313

In the Supreme Court of r

Wongkong

for the matter of Private Michael Brien of the with Reg. of Foot a

isoner in Her Majesty's Bet at Hong Kong under

entence of penal Servitude

Friday

the tenth

day of October A.I.

1856.

"Whereas by notification dated the 14th day of July

M. D. 1854 from Luutnant Colonel Hope Graham Commanding

Her Majesty's

Land Forces in China forwarding a Sentence

of a General Court Markal on 202194 Private Michael Brick of the Fifty ninth

i:

4

Regiment of Foot which Sentence is in the following

words.

The Court having found. the prisoner quilty of the "charge preferred against " him, which being in breach

" of the Articles of War, and

• taking into consideration : his former Convictions,

and general very bad

ست

" Character do now sentence

- him, the Prisoner Wor194

• Private Michael Brien

159th Regiment to be kept "in Penal Servitude for the

Hrugkeng

July

13th

314

" period of four (4) years. " and further to be marked "with the letter D in the usual

" Manner in compliance " with the 35th clause of "the Mutiny Act .

) Signed, C. R. Buske,

-Captain 59th Régiment.

"And President

ely 192.154. j.

Signed) W. W. Leatures,

Lodder,

(aptain 5qt. Reg ! Deputy Judge Advocate

"Approved and Confirmed

(Signed] J.ld. Griffin,

134 July 13.544.

True Copy

Lint: Colorrt, Royal Artillery. "Commanding the Keops

Colonial Secretary.

betes.

{

-

7

Know ye that I John Walter Hulme, (hief Justice of the Supreme Court of Hong Kong do hereby

by order

and direct that the said Michael Brien be removed for the purpose of the said penal Servitude being carried out in terms of the above recited Sentence.

(Signed) John Walter Matmi,

Chief Justice

(True Copy)

Colonial Secretary.

:

In the Supreme Court of

59

Hongking

mather of Private John Worker of the 5G the Regiment of Foot a of Foot a Prisoner the Her Majishy Gaol at Hong Kong under Intence of preval Servitude,

315

Juday the bath day of October, A. D. 1856.

Whaway by notification

dated the 8th day of April A.D. 185h from Lintenant Colonel

Hope Graham Commanding Her Majesty', Loud, Forces in

Land China forwarding a sentence of a General Court Martial on he 3006 tuvate Schn Carter of the Sifty Ninth

1

1

!

8

2

Regiment of Fest, which Fentence is in the following words.

The Court having found the

" Prisoner quilty of the charge,

"preferred against him, which

" being in breach of the Articles

of War, and

taking consider-

I

- ation his former convictions

and bad character dois now

- Sentence him the Prisoner to "3006 Private John Carter 59th Regiment, to penal Servitude for five years and

1. further

"that he be placed under-

"Stoppages

in accordance

ییم

"with the 33 ? Clause of the

T

316

Mutiny Act, until the articls

as specified in the second

" charge be made good ligt One Stock and clasps 1 Forage

оне

"Cap

and Number, and one

Dunlop

" pair of doth howsers:

Signed / F. Damtop

Lank Colence, Royal Casting

President.

4th April, 1851.

Signed) 6. h. Bushe

Captain 59th #tegiment. Jfs. Depty Judge Advocate.

Cafinned.

(Sigma) Hope Graham Leutenant Colonel FG Regiment.

Commanding Treeps 5th April 1856.

Know yr that I John Walker Hulme, Chief Justice of the Supreme Court of Hongkong do hereby

Order

and direct that the said

John Carter be removed for the purpose of the said - penal servitude bring carried out in terms of.

above recited Sentence.

the

(Signed, John Watter Hulme, Chief Justice

(Jave Copy)

Colonial Secretary.

1166. Executive-

AL

Анна 22

Dee 756-146

ir

11054. Long trong 31

RECEIVED

DEC. 9 1826

Government offices, Tietan,

Houstons, 135 betober, 1950.

"I have the hours to forward at

اساة

the request of the write a letter to your addreei comslaining in Comewhat strong and not ven

consistent language of the operation Ardinance 18 of 1855, and I have to remark on it that the justification of the Ordinance is "shown in the "Sintal which M13

The Right Armorable

Henry Labouchere, M. J.

tc.

Xc.

Am

bidem states he draws from Purring

which I will venture to bay did not

ent him twice the sum Annnslü

dinrived from IE.

The heave rents paid by the

chinese serve as an inducement to run up shear houses, which me but too frequenth most improtornis and inccemely built

A

regard

the particular

care A which Mr. Studion complains

of

I cucire Conies of a Correscondence

of.

between the Colonial Secretary and Captain Cowper, Acting Surveyou Feneral, from which it will be seen that the portion of the hous pronounced a nuisance and

i

7

312

abated as such was built not only after the Ordinance was in

میں

full operation out after frequent warnings from Cartain "Cowner that the structure wat illegal.

The matter of the mandamus stands this. Both the stipendian

Magistrates, Mr Mitchel, retine Chief, and Mr May Acting Assistant are, and I think very wrongly,

interested in House prox

prosin

it in

Victorin, the latter to an considerable extent, and the former

in connection with lur Aution-

They

were disinclined to admić

of the

the necessing interference of Law, to compel them to carry out

which it was requisite

requisite, I regret

to san

to have

have lienne

Lietuse

to the

Sukreme Court, a measure which

induced their submission to

ruthority.

I trust that the arrival

Juz Davies will relieve me if

the ann

• much of the

F

annoyance to which

2 or the

:ither the inexperience wilfuluces of the above two officers some time pact subjected

has for

the Government.

I have the noun tobe,

With the highest respect,

Sir,

Your most obedient Fumble scrunt,

313

!

1

مدينة السلام

progressed + the pessing of the ledinense lab has "Guojieped

considerably lose they were challenged by the Sunnyer Gevers & a toob the whole of the Orelatings

that

were

text

disappeared & the matinals, confiscated to the Cover,

lash The Suneya soul on the etter hand state's fee exclorure) that the portions of these the Hences their down toere built after the posing of the Jumping the low & in defiance of repeated warncips_

Meniale

it

Effect of the Archiviare is no douth retrospective, see the bettorney General's report in 11050 H Hony =

уля

bie

stated by her Heate

the operation of the Building

treleve

D

the facts

which it is car

cal wrrreld

the manner t

108.00-2-

:

Individuals bich there is a gust

seem to entail much hardships

discarframy

between hist

accent of the matter d

What of the Sure you

General – der Hudson apests that the

Becldings were

Best only

Commenced

befnex

i.&

See fear 3

Mr Labou here.

320

A retrospectin measure of this

kind is & doubt as severe one,

acting property.

hardly on owners of the class of bespectay. affected by it. Nor can it be justified Except by strong public perspity; not I think bound to assume that there was

рите

In are

The recessity;

; por don this letter contain

not

a wnd to the contrary. The writer das me

the end use not requined, hot newly

Eus

Need it acted hardly

lon

his

merely

Les individual case.

As to the state of his building, it seems to me

Bal Sir / Bowring.

んハ

misunderstand his complaint,

Eon the muveyour letter at all contrabit has.

his work use commemed in Manh

The studion mys

x.

the astimana persed in confirme this statement

theil - No Couter really

Ли Mo Busson nowhere

15 fel ff Jays, I think, Bat his Milding if in

was at

all artanced when the infinance passed: and

Where had

I should gues, the care to h, habe be hand

laid the foundation of a good many Levements in Lopes that the cxpected orstname

unks. lause for coisting

would contain

a

suring

сай

But the mortance of his complaint is Bis: Rat

дайнд a decision

algher he had succeeded

in

Maining

the magistrates that the alliano was

ZRAELSKO

:

C

1

not rehospectio, & then set to with bis huldrags in Eamest, forament ollained a mandarano compelling the magistrates to reverse their decision

This are as Butt rather hand

mist

on

but he suffer the common incident to Thore

Who why on

<

Jecision in

huar out erroneous. I think R. Vedr

of Stack is hot bound to interfere.

Am 810

M.8.16

licy well

their fark which attrezes

135 actor,

1856.

Sangtr

The Rt bruth "bean

Governa Air Han Bouring

178b.

Extnerine ??

2 dicimures.

Ficecived

under Adinance. P8 83/853.

State complaining of conficcation of his property

U.D. Studion to the Scontary of

Transmitting letter from

livr

Sie John Bowring

W.

LL

лень

го

No: 166 11.054

No17!

11.059

Entireit

321

Mr. Maricale 25 Bed 56 5 December 1856 22. Li, W. See & Labouchon 22

I have & 53.

ཡིད

in

Jour

Despatches, Nos

Anow 27 Marity: ht

4840

14

166 and 171 of the 15th

and 15th October last,

enclosing a complaint in MW. H. Hudson of the Operz=

Esti

:tion of the Sanitary Cobi-

Nance in his

demarking

case,

In it

and

It is nest safarizing

!

[

1

that M. Audion, Dhere

W.

houses in course

: hnction were

C

lon=

affected by

in Podinance, Chould have

complained of jithe provisions.

for It I perceive in the

papers befor

272

ang

material difference of state-

=ment between him and

The Local Authorition. But

at times justifi= recufary,

it may be at times

cable, and Even

Even nece

Where public safety requires

it that measures

this

class Bcould take effect

Commonly.

322

with drat is called a

Л

retrospective Speration,

as to embrace works actually

in progress, if of a character likely to be injurions to

Я

public health. And I

cannot from then pafers

Suppose that Mr. Hudson's works were

: ceeded with

I

on

for pre-

Un occasion

of the first interruption,

his

to have rendered that

interruption of material

Consequence

to him.

he thought proper

H

continue them, relying on If an inferior

The Decision

Coust in his frooms, be must himself bear the Consequences of that

decision having proved

Crrone ons

Enched

In

For Mher point;

in there papers

Jon

to my

I must refer Despatch of given date

home with, relating to the General subject.

I have. Ho:

2.

Live

Hong Kong 10th October 1806.

I beg leave with profound

rospect to introduge my mache in you

Partner in Wols

the

Sh

tile

of Gilman Co of the Forts of Canton, Boklaydon and Phayphage of whove immediately, azan indioz.

ет

more

House

interests are largely embarked in trase Property in this Colony

Partners

When Detate that my TagAngry and helf

awan income from this Plony

это тре

at this

Fire

exceeding Three Thousand Find

a the

Hundred Pounds Sterling a jegy degived from House Property, lit ib f. shewing

ove

congi

the

verable interest ight stake, and of

to justify the intense anxiety. I

serving I

to address you

I have the homephone the py bjest on which Thanky I preteky state that this large

Phaf.

anxie

to will be at on

justified

interest, is at this moment

moment serid.

jeopardized.

Bay

em

more que

the tagn

imperilled by de of this Colony.

The Right Monogble to bar boughere

vitally ative Council

recen

youch

حات

Love

of jamy painful duty, Ling to have ready of that was the chant over

eu

Cher Majestyo mfcinal menthuge to you a

Leor

Jay

for the Colonies.

which

Je des furnish

no

parallel.

1

1

!

A

کالم

3.

онеч

parallel - at gleast, for the credite

allel-ab of Colonial system in the eyes of the world at large, I will de hope that this case stands without frecedent.

ture

When inch July last of this

the 39°

it

the

Colon

North of China, leaving in this Alge

they supposed, undge the protedly

ру three newly

plated.

а

opérial

Chinese draganly, just

ечес

a rental equivalent

contracted for at g

to abouf 418 Sterling per month,

return on

tem ber following

and that

ad

con

con

-

11

this property

algion of nature not under

ant

the destructive fiat of this Excellency

Fair Shop Borongary, to averat.

Anot.

but my

unded

Chall

hall have soild

at leas

enough

attention.

your

the

you

it

When I further inform my missing

upon enquirin

en cond

der

ад

been to the Crown, materials peers being at that

learnt that it's

andy of africated

used in the co

con

stewettion Building

Govery move porrected

merely

have

ested).

but youdd

piquely II

more po when

thank

moment

It shall no

cour

attention

curiosity, still,

curat, stand,

Gof, not only

not only under

attaint of treason or other crime

against

4.

5.

324

never

against the State, but that, I.

charged even

a

my life, stood

simple

misdemeanor.

with

Theey are difficulty promises Ley, indeed, of far, they must be ble to intel

uning do they do the utterly over-

-laying

and

of things as betwgen

Lubbject

the

they go

3

amlay off without they are time

to the lifter, and the following

Enigma.

however to the lefter is the key to the

On the 16th of April last the

Legislative

Buildings

this

assed

Ordipande fr

of 1856 and entitled " An Ordinance

Kuisances.

That Aff, on the day it was

great

course

ze of

the day it was promulgated, various stages of pro

Gomber

ress,

ig

A this

ptruction sur months

Colony Many of these hady beery commenced six

before this

new

several were

attar

This

six

a

lawz grade it appearance

and well stage of progress .

ече пров

an a

anced sto

ve

Thy law took affect from the of its promulgation !. It contained

in pacification of Styrture which

ways

ord

applied to all" works "

then in progres of omstruation. If the "work" "comprence

gay

in January last, or to the specification" happened to the law of April, in

it was

required by

کو

saved,

to it's Owner. If it happened

it must be

to devigte, in any way. adjudged je "nuigung conclamped

by - and its materials confircuted to the Crowns that jo to say, in the words of the Grdinance steelf as quoted, taken from they we

"veotted absolutely

General"!

H

6.

by the

x. 2

Automate

¿

зрече

in

the

Surveys

phopsing of an arsitey

these phys

Aat, these words goould in themselve be sufficiently offensive to the purging So British them

ao

Lis

in

This property and it's guardianship as Just and Duty of

But these were

word these

it

Governo

ace their

were more

u

the Le

the State.

the

right

ne bom

than rained for His

to establish at

jumained

mining

once their import and their exact

Scommenced the works which this Excellency recently caused

in the

month

was at that time

There Art, or

uide me

I to

I no

to be

elge I shoul7rilding

Ito it by the

Man

wors

of the

proce

let

adhora

when the up to the 23rd of

Survey

the new

ал

travention

Aww of April. The City

was

+

8.

was

Lagropion the date

325

before a full

Panch of Justices. I plandat hy Cougal,

agan export facts faw

that, the yo

and

and

ar

com

with sa

save

demolishing to its perpulation all

to that date.. Sir, at this

the work

up

(Yory will perceive

Five if Sir John Boyring

out

d the

he Illowed

the wor

was

as

point, that

deftrmined to

this, every

on

ition

brigh, he allowed to be laid withouty

llenge after the from

lagt Dow

Law

a

was in itself

further and a fresh oppression of

the Subjack.

The Bench held the plea to beg

ong and

the

the

decided, that

fairly be General They leave to

глав

coresponder

tions.

no

the the

good

menced

law gould its perzal operation Purveyor Implaint of the

dismissed accordingly.

Governor all the

tween

ll.

ce

to that

armstrong one wound the Ponch

I and no official, upon this;

anditha Bonch of Justices,

official and m

bject,

irc

1

Memorandu

to

го

tices

this case.

part of the

as an

3rd of

Upon this decision of the Jonas mo Works pyceeded up to the son of Crime Zain challenged byfo when of this

Wie Spalteney on profiely the

ordes

same

Excellen

grounds-on drectly

the same issue

that

t

i

:

krev: Bru

ао

that adjudicuted on the 23rd of May with the baddition of what is callers

ghost the offence a "continuation" Tam advisedy that there is

se

12

in the ordinance

cha

Pence ok.

offen

rohigh

mma

in its

harged homes continuation

every

так

under as in

and subitiative offence. The Magi

decided

howeve

waz

7720

$

that there could be.

there

" continuation of you offence where original offence proved, where the offence presentity was digabung their decision of the good

rind

andy argon the Survey.

73rd.

of.

dismissed

Under protection of this, two fofst decise

my

to the 30th

the

pro

ano

tinu

On that China and the

is

further history of this oppression in

underence.

to be

as

having

оссии

ccurred

in my as

the

Colony,

leavi

unday

Onged hardly add, that I quitted the

the booal.

laws.

the

Alleney,

and refused by they Magistrates . His

Exellency andy

the Governor, thereupon, cazised

326

a

the

me

the Attorney General before ed out Court under the 12 hours clause. Covertible

it

may sgem

found to be

e an

mer

large

they

A towa efficien

Incred

wao

reope

pigmen

the question as a "conviction could, have

the moved accordingly.

to be

10.

It a

ساری

appeurs that

Chie

is was

too

occasion

to

Mid Honor the hill wanting the Mandan to obeye collaterally, that happening

grounds of Thy the Magizard of June,

bestay, in theing

have arrived

sittings of 23rd Mary

grounde

hold those

to be

168

ме а

decision

tim of vilinance NE of 1856. I hint it appears

mere

was

construct.

sufficient

to induge thandy the tens of proceeding

to re hear

it

raverse thye

dey and

burial

It appears, however, that under

clares in this

is

the

фоте

mere

the Magist

making of a charge" by that Surveyor Genegal a conviction; towards setablis

offence !)

412

Under this t

was

god.

Wablishing

as

the

Summons

applied for against my preopen

11.

!

-

Sexigion - They revered

regervall was to

and the

in this

This apparity What pastain houses in

2. I had commenced to build

operty

iffer Colony prohigh iz Marck, lay in

were

the mid

gome rep

not they that new law they of

Laude

to the spezification

condemned

are conc

bebarn

4

I confiscated. - They ceased me on my proth to di

to discretion of Purveyor General!

and

معلم

پیوند

ested in Ther Majesty's

The

case

ין

177

11.

T

12.

וי

The

my we

ha

I

case of this stage, presents two already explained that pregone dad from this Test to the to the 30th July. On the

which

two atta

on

as

ng

Nort

propes

left, render the protect

Ain

Policial decisions, in thankham

stated, rinder His Excely

coted repon the rested

That out upon

пил мео

ло

hquis contenuation plause of

12

Ordinance

other

words

the

it

procur

frook offence".

accordingly way

whily

"fresh offence, acos harged against my fo

e Owner I was lay thousand mile

Builder being speed

distant, My

as

ag

the best substitute to be forged

mygelf- though the man

Fcompleted his

I confit, and gontract and been pain

Wokies Jefend!

and

ро

whatsoever in the pro

remaining interal called

repon to represent

He appeared befor the Magistrate

Ing

on the

180

Aughest gene alafell "the interest, but, be the pleaded!" no Ordinance impleads the Contractor

wy

to be a

as

heldy

the Owner, he was he b payby responsible, and, means of this supposititions Repree sentative, my property

condemner

attached

catried

away bod

13.

327

bofily by a Gong of Cypristy under

the General

Own

mer

i

Surveyo

event to

I, while I, the sole and actual was not only got present defend it, but without notice of gation,

ponds trever, beding

one

whe

or

other

legal process of

over served relpon

is the first of these two incidents- Tugh is the the second is entirely

is

in charac

ter.

My Soliciter happening cusually to

France, waited report this Ercallanay

hear of thing

in

а

assau.

m

property

Syr Dohy Bowring to plyed that jabronc tagurds or suppefision of proceedings . Thy gesult of

All sufficiently appony by this

behalf,

letter

th Sep

this

Hast engleaver

gopy

honor to lay before you.

have the

De following will form no inappropriate

nt

to the two incidents.

that

14

peny

the bakphing f

ppeary

1 pipon zmy

on

beijing, come gramet my Counsel Mor Bingomill

18th

Barrister at law applied to the Magistrate for an adjournment to the 10th Sept Jouening to allow time for to appear

This

mor

ted,

and defend

reasona

turn to the look

in pe

person

Plody

Pagjebrate

ble, request the. subject to the consent of thes

prosecutor the Acting. Tege

That consent was not

judgment was stayed, and a three works

grace

***

10

K

15.

ce was

That it aff

in

authority

granted to me it appears that the Magistinto granting it, exceeded,

gid not satisfal Preprieve pxigencies,

Such a the

Hipon, (it would be incredible

ambe

not, trug / His Exeqllenges informed, of dere of the Mandat an action at

and

to be tragersed and d in the Prefsion law to be Corset, against

against his

гот

Magistrate, at the suit I forgear, all.

а

of

comprentary

Sempliary Coordin

the

Live

me

sucka state of things as this!

remains for hermment

ри

with the foal Extraordinar

the

ney

ccasion ture

to

Correspond

upon the

of afdragh

Claim the privire unlikely to

you; and

Konvey to

at largel

it is

not

the sense of the Com the characters

I, respecting

at Operations of Ordinance fog.t

an

1836, land other recent acts

Pegislature. Megztiger, Thir, I do myself the honor

qubscribe

with

Your most.

expe

Cent

this

1

The Right Mommyle here ytt. P.

Her Majesty's Principal State

for

Segretary

the Colonies.

זיזים-י

www she Para

320

11!

Copy

In11054

13

323

Hunghong 180 September 1858.

名 To the Honble. W. 2. Mercer

Lov

Sir,

ley

Colonial Secretary

I have the honor to request that you will bring the following

matter under the Consideration of the Governor, His Excellency Sir John Benning.

I left this Post for the North of China on the 30th July last, leaving in this Colony, and, as I then considered; under the protection of the Imperial Laws, three newly erected Chinese

Tenements, LoAN

to, on Inland Lot at t. 11, fronting & Street know

Lyndhurst Terrace.

a as

and are

On my return, on the 12th motant, I found that the terrements in question had disappeared. I learnt that they had been demolished by a gang of Convicts under the superintendence of a Fovernment Surveyor, that the materials had been carried away, now being used in the Construction of a now Fovernment Building Upon further enquiry Ibarnt that this retounding nat mas done under the alleged authority of a Magistrate's marrant; but as I am not aware that I violated any law which should involve the Anfiscation of my rightful property, I must at once deny

the

calidity of any such warrant, as well as of any enactment upon which it may prosses to have been founded !

However, that is a question for festere investigation before the highest

4 tribunal in the State. My commediate object in this letter Is to establish and record the following Protest agamat the in I have suffered in this behalf, with a view to such redress as may hereafter find myself entitled to.

mong

First, I do hereby solemnly protect against every act or acto in the part of His Excellency Forever Benning which have tended the, Convied at, or in any may permitted or suffered

.

-

?

£

14

the demolition of my property, within this Colony in my absence,

without the possibility of my defending it:

andy

کار

Exultere

I protect against this not merely as a uony dive to one as an individual, but as a wrong and amrong and

"Crying injustice tone in my person to every faith fuch subject of the British brown within this Colony. I prieel a grimel it as a betrayal on the part of Nic Fauble

the first duty of the Sournor,_ the protection of property within bis Cerement - and a betrayal of the high prerogatives entrusted A him, namely, to take lare that ever. thall not be administered to the unneccesary oppression of the aguet and rightions law- L'abpet. But

Decondly, I protect against the Law itself upon which this spoliation affects to have proceeded; as I utterly deny the power, The local Legislative to enact a Law at variance with the fundamental Laws of the Realin, which secure to faithful subject of the brown the quist and praceable possession of his property, so long as he has done no act to diefern chise his

disfranchise f that fundamental title.

every

I protect that I have done noone actor acts to disfranchice one of this title, as it recte upon me to shew hereafter by evidence exact and indisputable.

I protect against the pears of thes or any othink cal Legislature

to pass.

a new.

A

won Law which shall forereach upon the fundamental Laws of property, countable it in the course of linstuction _ retablish fault in that Construction, and punish such fault not only by the Condemnation of all the work done before the fault

established, but by the terrible and unprecedented Penalty of absolute Conficiation

Arad

-Finally, and as a necessary Con

-

necessary Concequence, S protect against

every act or acts, thing or things done under le or or better of

every actor at Ithers Change as

which

ye as inherently imperfect,

being a violation of the British Constitution

ax

15-

330

as a last recent,

Having thus recorded any solemn Protist in this matter, it only he mix ins for me to apprizes His Excellency of my intention to bring this grievance by Petition, before the British Parliament.

I have the honor lobe,

Copy No 667.

I am

Lin,

Your Obedient favout: (Signed) S. Hudson.

Colonial Secretary's Office

Victoris, Hughing, 15th September 1855

aon dirated by this Excellency the Governor to acknowledge receipt of your hatter att of this date, in whol

N

you protect against Ordivancs at 8 of 1856.

I have the honor to be,

Your Most Obedient servant, (Request) M. Marten

Colonial Sienstary.

A Andon Ey

which

Copy Captain Campers

Acting Surrayer Beninal,

Hughing

Norgung, 18th September 1856.

I haeby require you t. I. be notie - that it is

may

1.

ار

331

My intention to recurstruct the Chinese tenements, each the Stories high, in duel and let at it!!, facing Lyndhurst Serrace;

1. - and to request that if you have any further claim.

upon the emaining on the grounds that you will take

ruins still remme

immediate measures to remoss the same

Requesting your early alter time, I have the hover to the,

Copy N.17.

L

für,

Your Most Obedient Servant; (Signed) A Hudson.

General

Surreyer Concrat's Offici

Victoria, 15th Lepbouler 1856.

have

In reference to your litter of the day than the hover to inform you that the ruins qui refer to me a Aisferal, and to solicit your attention to Ordinan .

in

your reconstruction Contemplatio.

ane at your

8f1856

uel 8

thored gun homens, insist upon eny removing the

remainder of the Confiscated Materials, I am prepared to do

fo on

receiving

internation to that effect -

I have the honor to be, Dai

Your Most Obedient Servant

(Signed) William Comper

A.R. Andern Lay.

Acting Surveyor Leneral

Houghing, 16th Leptember 1858.

Copy Ni2. Captain Comper P. E.

Acting Luracyor Teneral

Lir

I have the henes to acknowledy receipt of your letter Ni17 of yesterday's dabs, in which you surrender all further title to the wines of ory property on Duland let at 11, possession of which I

resume according

accordingly.

this day

my

any instructed by say legal advisors that the alleged marrant; under the authority of which you are presumed to have acted in this Cases, Comprehended the sale of as much of the material as Might sous to defray the dus charger of abating the alleged ruisance and no more, and as I am further informed that the work of deinstation and removal was effected by the impaid labour of Chinese Anvicts, I shall feel blized by your informing Specifically under the following heads.

тел

10th The actual Phanges, if any, anewred in the demolition of any koners in Inland let at. II, and in the remova houses

removal of the materials. quidly Whether such materials mere sold in market overt and upon due advintisement at their fair value, for the purpose of putting you

you into funds to defray the lawful charges incidental

to the

Warrant. 3rdly. Whether there

AIC ANA

any surplus procuds of such sale over and above the Chary's meidental, and if so, whether

hold the same at my disposal.

Than the hover to me, Lies,

have

you

Your most obedient Servant, (tigued) A.

Studson

!

Houghing, 18.5 September 1858

Copy No.4

Captain Cowper

Acting Surreyer

General

Din,

Sin,

18

Copy. 8.3. Captain Camper, 18.

egor

Thare the request an acknowledgement of the litter which I addreseed be you on the 18th instant

I have the Rover to he, Sie

Copy No.2.0.

Your most Obedient Servant

(Signed)

A Hudson.

Surveyer Seneral's Office,

Victoria, 18th September 1856.

Agreeably to your re quest of this date, Jacknowledge - the receipt of your letter of the 18th but as I am of opinion that the questions therein arise from a misconstruction of the termo of Ordinance 8 of 1856, I must decline to answer those questions.

Jam, Sir,

Geur most obedient Servant (Rigned) William Comper

Roting Murrayer Several.

AR Hudson Ly

}

332

Kroghing 18th September 1856.

Acting Lurryer Feveral

10

With reference to your litter at: 20 of this date, in reply to mine of 18th mctaut, I bey to state that if you will be gord enough to point out to one my misconstruction of the terms of Ordinance at 4 of 1256, échall endeavour to frame the questions which Pregaine to ask in Anformity with your amended reading

Requesting

your attention at your earliest lonver ince, as my stay here just now is solely recasioned by the necess of bringing ony Correspondence with the local Sovrument

to a close-

Jam, Lin,

Copy No. 21. Sin

Os most Obedient Servant

A Hudson

(figned)

Surveyor Several's Office

Victoria, 19th September 1856.

you with on

my

"In acknowledging the receipt of your letter of gistaday's date, I am Constrained to decline furnishing reading of the Ordino nel

the Ordinance Nu8 of 1856, for, ich the pantal. of ang section of that Ordinance justified you in your legal advicer Opinion in aster

one hi

adjudicated,

The

questions

that was the Ant.

Terrace

f

remoring the absudiested nuisances in Synthmat verses, when, where, an

and how I sold the Materials, and what part of the product I am prepared to place at your disposals, at follows

that

F

}

:

F

20

that he and I differ Linsiderably as to the morning of many words in the English language, and there fired fear that any allompt at exploration on ony partsoned but obat additional and mon

یم

countric queries-

my

I have the honor he has hair,

A12. Hud sove

Cop

Your Most Obedient Servant (Signed) William Couper

Acting Surveyor General

Egy

Anghing 19 € September 1856

Captain Cropper, 17.8.

Acting Surveyor Several

Air,

"I have the homes to acknowledge quailetter Str. 21

of this dates, in which you reface and finally declive to give one any information

infamiation whation

have dispered.

ла

av

to how am have

the materials of ony Confiscated property .

of

This mould seem to be sufficiently discouraging to any further queries on my part, but it is crot, as I find occasion to put the following for their queries, com thingh they should turn sut as unproductive as the first, and even he exposed to your kan of beingy eccentric.

even

to site of the new-

I see the Inaterials in question deposited on the site. Police Station in Wellington street and worked up in its Constructive. The Contract price of that new work is said by

being

Common report to be of 15.000, which onust be taken accordingly,

333

21

My

as the full and fair market price of the work to be deve materials being placed in the hands of your contracter ony to make a ver

Ponsiderable difference either to him or to the public in the benefit of that contract; and as my object is k ascertain,

to or at worst find that I cannot accertain, how far the Colonial Chest has been eased and this public benefited at my expense, I take leave to put to you the folleming further quaries

Setly. What sum of money or other consideration has your Contractor given for the materials of my late houses which he is working up in the Construction of the new Central Police Station? Indly What has bun the form of that consideration? Nasa fixed sum of money, and is to in what amount, bun paid for the Materials, or has their appraised value bem abated from the original contract prin of the new Severnment building of If er, the date when the value, ihin money, was paid with the

into Colonial Treasury ? if in abatement, the date when that abaten - ment mass indorsed on the original Peritract, and when the

officially audited.

Same mas

if

Irtly. In what amount has your Department reimbursed. Her Majesty's Songnement for the laber of its convinto employed in removing the materials in question to the site whone they now be ? 4thly. Ginally, and again, whether

whither after disposing of the Materials rip to the intent and purposes of the narrant, namely the abolition, of the alleged nuisance and defragung

wall due change midental to its sacention, sither in the shape of reimbursing

A

for

Convict laber or in

Tournment

or in any other shape, you do or do not hold any surplus proceeds at any disposal on demand.

I have the hover to be, sir,

Your ment Obedient Levant (Signed) N.

Hudson

}

ad

?

:

22

Copy

A 25

Lim

In answer to

Sunaryo Levval : Offic

eyer

Victoria, 20th September 1850.

22

your litter of yesterday, & expires my

requt that mine of that date failed to put you in persoon of my intentions, vry to and the Correspondence Litauen no, for as Innote he fore.

viz

If from the perusal of Ordinances 8 of 1856, you think geurerlf justified in asking me such

to the

us as are Contained

av

quer litters, it is evident to mo that we differ Considerably an and that there for quiations propounded by ancanings of many words in the

by

English language.

by you

Miamiderstanding.

Canswered

one mould only produce a Compound misunderstan

I have the hover to lie, Kir

Your Most Obedient Servant

AR Mukomboz

(Signed) William Cowper

Acting Surowyer Beneral

Copy Nr 9.

Weighing 20th September 1858.

The Ambb. 1. 2. Mueer Ey

Colonial Bronstory

I have the honest request that you will lay the accompanying Correspondenn between the burgeyor Feneral and bryself be for His Excellency Sir John Benning

Generation refly 196 21

numbered 1 to 5 - the Lanoyer

My letters in address a

The inform

in vain applied for,

Irequire

- information which have thus in sain-

thare

n

гла

in

334

thiney

require for the purpose of being combodied in a Memorial of this bransaction which I am preparing for the Secretary of Stat, and. I now address myself with all respect to Wis Excelline, requesting that he will wither be pleased to command this to reformation by the given the one, or clee to justify the rating Boner als in his refusal to give it, and take upon himself

self the whole responsibility of that refered. Jallege th

that materials which lost me iverning

hundred

dollars,

were

I

more Carried away by the Surveyor General and his gang of Convicts, while the actual Charges of abating the nuisance adjudged, did not amount to thirty Hollans. ask for the purpurce of laying my

Paso more barly before the Decretary of State, and the Imperial Parliament. What - became of the surpler ? and am told, that my on

Leccentric one

Free

a ya in

my in query

quiry is

in and finally ask, with all respect, a bitter. Nis ellency is prepared liquetify that answer, either directly, or by refusing this theme to be, sing

antinfore

have the

Copy No 681.

Sir,

hover

with

it

Your best obedient event.

(Aegard) A Hudson)

(Reyned)

Colonial honetary's Office, Victoria, Houghing, 200 Leptember 1856 I have the hover to acknowled of your litter, Niz of 20th chetant, and am directed to reply, that the question smoolood in it emplois ans reenvation against the Western

involved

my Surveyor

Į

!

¡

24

Surveyer General, which, if you belain this

езен

th

335

Hongkong 25+ September 1856

there

are

grounds for

Copy No. 4.

The

The Honorable

Colonical decretory

it, may won the hover to do, Liv,

have

be referred to the decision of a Court of Law-

Guer peost Obedient Servant (Signed) 11.2. Mercer.

Colonial Lemetary.

AW Hudson, Ey

Copy Nr.3.

Houghing, 29.5 Septemba 1856

Bry

The Amble. W. I. Mersen,

Colonial Deonetary

Liv,

I have the homer to acknowledge the receipt of your

letter No. 681 of this day's date, in which is to the

hich His Excellency refers one for redress for the

inquiries have suffered to the decision of a bout of law. that is to lay Nis Excellen first passes a law Confiscating my lansel property, and legalizing that confiscation, and there hells me to a to a local count, in which he will knows that all redress is for the present impossible -

appeal

I decline to prosecute Nis Excellenay's Kurveyor Leneral, but I pledge Myself,

myself. Eriting full Compensation and reduns

t, the the imperial Govern

to prosente His Excellency himself at the bars of the British Parliament. I have the honor the he, Sir,

at the hands of the comperie,

Goes Most Obedient Servant

(Argued) A. Hudson

Liv,

Towards Completing my Correspondence with the local. Leveronment, and lefon addressing myself to the Imperials I am advised that it is nece

Carn

ssary for me to make the following proposition and which Trequest accordingly may be submitted to His Excellency Gemmer Benning.

I Pain at His Excellency's hands the sum of Ind thousand dollars (of 2000) as compensation to one for damages

()

I

possibly

socraving from the operation of a new Law which he brought suddenly upon

me on the 18th of April last, the specifications and requirements of which Dauld not precilly have anticipated. When I commenced my workers prices to its promulgation.

dmy If His Dacethewey thinks proper to entertain this Sain and holds me fairly entitled to reimbursement out of the Colonial Chest, Jam prepared to authenticate the actual amennt of the lose and Ja mayos sustained by me, ared to accept that amount in adjustment of my Clain.

appoint in the that Howser, holding, as Ide, that the entrn of Committed in this case, is

affecting not onerely pryself as an indivdual, but in any person every faithful subject of the British brown this

in the Colony, no sittlement of my claim by Nie Excellency here shall operate as a compromies of the duty this thrust upon one, to my infinite r

to my infinite reluctance, namely, to lay bare this outrage before Her Mausty's Government, and if incorreary befor a higher

cher tris

!

my

an

co one

I have the hour to be, sin,

Your Most Bedient Amount (Signed) A.

Hudson

L

}

i

ļ

26

Cop, 1.593.

Colonial Secretary's Office, Prêteria, Hongkong, 24th September 1836.

I hair the kines to acknowledge your letter N

reply, that the proposition therein

dute, and am directed to refer plain to yourself, be entertained.

Portrine Cannet, as

His Excellency The Govern

I have the honor to lee, Sir,

by

Your Most dedient servant (Argued) M. I. Mergers

Colonial Secretar

AR Madein,

a

ist

336

Communicat in, 1 @ 5. yours in reply No 667, 681, 693; trine in to baptain Crapor B &. Acting Duverger Cormalin addres are numbered 185; that gutterman's in reply. 190 22.

I'in Conclusion Thave the honor to hope that His Excellency - deems it his duty to elicit from the Arling Lureryos General specific replies, to the queries set forth in my letters t. 2 and 5 of 16th and 19th September, and lay the same before the Secretary of State, who, Iventure to anticipate, will not, under all the Circumstanow of the lase, proneunce the

queries which Called them forth, wither

inquiestorsal or "eccentric," I have the honor to be,

fir

Jour

Obedient Servant

(Liquid) A. Hudson

Copy

کھ

The Amorable

The Colonial Secretary

Sir,

Hongkong 1. Sefton ho1856.

I have the hover to actmealed ge recript of your letter M 693 of yesterday's date, in which this Excellency declines to entertain my

Clairs for Compensation for only

property

in this Colony, which he recently caused to Restroyed. This is sufficiently definitive

Than now the hover to request that His Excellent

have

whol

you

be

upon the

will transmit to the Secretary of State by the outgoing Mails the warb of my Connes pondence with difficulty at issue, together with the whole of any Carner- pozdence on the is

on the same subject with the Acting burnyor General, and that Officer's replies.

My letters to

yourself are numbered, including

replieswered, andluding thes

Communications

Si

Colonial demetery's Officer,

Viatorin, Knygheny, 27th September 1855

I have the honor to act now ledge yours of pesterday,

Iam directid to say that the Correspondence shall be duly forwarded to the Secretary of State, and to note that the litters received from you last, 5 also, as above mentioned Thave the honor to be. Sir

are

گیا مجھے کسی غیر کو تیز

Cured respectivly 1,2,5,5 and the

Your Most Obedient Comment (Legued)

M. J. Mercer,

AR Austson B

Colonial Lione

Tary

!

!

1

:

337

1

L

Dear Li

Live,

Hongbing Septemberry & 1886.

s Cusprance with your request henneth formisch the particulars of any anteroine with Sin Sohn Bearing, regarding The Cave of Couper &. By Aling under the division or gely minet whorin

house have lately bem pulled down.

Case

On the 9th August last, being the day of the hearing of the lace-

LA Ly Ating, and be

et ku per

Attorney, waited and before such bearing, I, as your

out

Sirs Bolen Bansing, and after ent

the fact of your absence at the North, tinating to the decision forex_

-iously geen regarding!

situated that are

heing

گتا

the buncers in question

Ceraldanize by

ang ueation of such bruser

injury

in

for

in the state they were in

Whe case mas

loss likely to avenu

the

_ in

کے

b

same remain

there the

a short time longer-there

Contractor)

to

Boile

be

none but buildings of a duketantial nature in the same of the day of your being the rely perly so turuled, allbingt Buright against thing ( your Autoter), and the and of our having no rich trende. - yon- and ow in any way,- requested. Nis Excellency's Consideration the matter, and asked him to direct, either that the Case might to put off antel your returns, or that same should. played for a short time, to enable one to address the Connoil Dis Exellency in reply, informed me that konporth not miterfere with the ordinary administration of justice, or with: his officials in the matter, that the Lawsonnet he enforced and that he could not act mithril the Cooperation of the & mencib; but that any application on ade in the usual Marmer would be allented to, at the same time acting me what I thought mould be the overver to a similar application Made in England. I then attended mich of Annalat

Jonas The Magistracy, and after examination of a Mitmes on behalf of Captain Cowper, and Some deveussion, the Case (to give you a chance of making any defen a ain your server. ) No ordered to stand over until the day after the departure,

wat

of

return may ex

موسو

of the then neat English Mail, shirtly before which

capected. Captain Cooper being present; on bring asked whether the day amld siit hem expluds as well

replied as any other " or works to that effect Of the suborquent procu -drags you are a Dear Sir, Sam

aware

A. R. Hudson

Four's faithfully.

(Signed) H. J. Famou

י

5:

:

:

L

;

30

opy.

to 672.

Siv

33

333

Colonial Secretary's office,

Victoria, Hongkong

16th September 1856.

I am directed by His Excellene,

The Governor to call upon you

for a detailed report of the Case to which reference is made by Mr. Hudson in the

Accompanying letter to br

I have, tc:,

refurned.

Com

1 Signed) W. J. Mercer

RE

Colonial Secretary.

Captain Cowper R. E. & / Same Cony/

ching Survey or General General

Woun

Colonial Secretars

E

:

34

1975.

339

Surveyor General's Office

Siv

Victoria, 17th September 1

19

In obedience to your

1556.

orders of yesterday's date I have the honor to report

that the 3 houses adjudicated

as nuisances and abated

by order of the Chief Magistrate are now in. about the same state they

The Honorable,

W.J. Mercer, Esquire, Colonial Secretary.

were a

month after the

passing of the Ordinance

Viz:

8 of 1856. viz.

the basements

alone are in existence as

proof of this I merely

a

Mention that the Ordinance.

bear's date 16th April, and the granité Cras summers for the

bressums basements of those houses

were seized for obstructing the road on the 17th May,

about which time and

subsequently I frequently warned the builder that he

was carrying

on his work

in contravention of the

:

340

Ordinance but with no result;

and it is the fact that all those portions of these houses which have been

taken down were built

subsequently to the passing of the Ordinance and in defiance of repeated warning. I have, 40,

Signed William Cowper,

Acting Surveyor General

(True Copy)

M

Colonial heretary.

Despatch N. 166 871858.

Inclosure N2 in

-8167. bycentive.

Anand 22 Deep 56-144

Sin

1055 Long đóng

CEIVED

DEC. 9 1826

341

Goverment office, Tetona

Houyhow, 133 betiber, 1855

On the 11th distant the cucired

letter

was re

reecived

grom the Forerument India Announcing the recision

of this Cordelip the Governo beneral against the continuance of Transportation to the Straits"

Settlements

Thus placed in a

prition

of difficulty I consulted the

The Right Mimarle

Henry Labouchere, M. §.

Stouses of M. Studson

General with regard to the three

Heport by the Acting Surveyor

Condemned

as

nuisance

September 1857.

Ac..

Nc.

:

:

bcentive Council, and called on the Colonial Secretary, who had expresed his opinion, to cmbory it in the following Minute.

Icarnestly request your

decision on

the

point submitted

as our

overcrowded,

Gaol is even now overcrow

this monings rernt chowing the

number of 256.-

In the arrival of the Chief

Magistrate it is

my

ཅི་

intention

to constitute inquiries _ whether

by Commission or otherwise-

into the question of

Conviet

Labor and prison arrangement generally.

I

V

2.

342

I have the hour to be With the highest respect,

Sir

Your mort Bedient

Humble Servant

a

John Bensal

Наста

Hoss. Nong Kong

Sir John Bowring

No144 Siv.

W Elliot

20 Deer.

Merivale 20

W. Dall w Laborchere. 22

Ef

343

22°0 Dec. 1856.

:

I have received

4

you despatal No167 of the 13°0 of October,

anied by

accomp

by a

letter from the Poot of India, Annameing

that it was unable

Any larger to permit the transportation of Caniats from Stang Kang

to the Settlements in

the Thaits of Malacca

The difficulty in which you

are thiris

placed

է

13th October, 1856.

Bowring

The Of Houth Genn. Exbonden, bup.

2 Melounes.

1.167.

Recived

Transmitting Lony of

from

Letter

Hong Kong to the Straits Settlement of Trausintation of Convicts fou

deciding against the continuance the 5.vernment of ridia

the subject".

and requesting

instruction

no

CARE?

UL

Men Ellist

The letter of the Secretary to the God-of- India quirs a very fell &; 10 für

have the means

of jinging.

which led to the Straits Settle:

account of water the leve

:ments being selected as

a place for the laws per

slation of Cherise leveriets, but if gu

wich to be the Jespers Share

Where rea

bv lve*

:

placed is

are which

is Caumon to the whole

of the British Colonies.

Each

of them now hav

to deal with it's own

Criminals; and dregret

Гери

that I cannot relieve

you from this necefeits,

hit that it Incest rest

with you

Goverment

to find the best means of punishing

on the spol

persono caureted in

the Courts of stong Kang. The fact to which d

Inercer alludes in his

се

a

Minute that a proportion

of these may be

Offenders

344

Offenders of a piratical charactes, would not

enable me to submit

a proposal to Parliament

for charging the people

of this Country with

the expenses of their

punis!ment.

It will be a

question for the discrction

of yourself and

you

Advisers whether the

place called Middle Island shall be mai Available as a place

on

for the confinement of

Canists sentenced to

imprisonment, but the

le

repicate

E

F

1055. Hong Kong

345

nust

requisite outlay be provided for out of the Revenues of the

and it will

Colary

deity so to

general

I be your

Cemanise the

Inanagement of it's expenditure as to

provide for this essential

servise.

I have so

t

M. Merivale.

This is the complaint

complaint which

e.vey

Colony would be disposed to make that

it has not the convenienc

to send away

of being able

it Aiminals to some other

British Possession. I apprehend havever

that it is impossible for

to relieve each

place for the necessity of dealing

w Cunerals.

its an

with

towards

I. Inerver's luggestion that this Country should be taxed to pay low

Kon Convicts on

Hanga

A

the pleases that many of

рвеси

them were pinates could not be admitted

In order to arrive at some definite idea

of thee

the extent of the uncawenience to the local Authorities, I have searched former Annual returns and I sand

you herewith

yearly

An abstrach of the numbers who received the sentence of transportation,

a

ор

death recorded" (which I believe

involves the same

(result).

E

J

j

į

i.

My opinion is that this Governa.

a.

18de56.

346

must be told that the Governments of

t

Hay

+

Kong

find theo.

the amean

of

dealing with it's own Criminals, and that:

! it will be in questions for lus own discretion

wke then the small

neighbouring

Isle.

called Middle Island shall be made

Available as a

place for their detention.

The requisite outlay must be provided

for

ort

of the

the Revenues of the Colony; it will be the Exmor's duty so to

manage

the

aid

general expenditure

a

render this practicable.

as to

[Sir John Bowring has I believe

shown

great alacrity

ий

a

getting rid of

large surplus and increasing

expenditure according; the present

-

service would afford a legitimate demand

on any epare fundo] .

I en car with the Ellut

M.16

1 PP

12 Dear

Am 612

(Ver Date

annexed

Number of Sentences of LTransportation

"death recorded" in Sto

And death

1849.

5

1850

44

14

2

23

3

10

4

33

96

Long

Kong

Total.. 225

During the fish 5 of

number of Prisoners in fail ranged from 100 t. 200;

of these

years

the

in the last 2 years it sometimes amounted to 250

The population of Hong Kong

Hay

in

in

1841-9 werd

Europeans. Елара

Colored..

Total.

650

28.850

29.500

The population in 1855 was

European

Colored__ Total.

1250

21.350

72.6oo.

? P

}

i

י

Aman

From

Ceait Bendon, Exgrs,

Secy. To the Gov't of India

یک

Have Difft Seve

Judicial.

Colonial Secretary

L. 347

at Hongkong Dated the 124 Sept & 1856.

The Government of India has lately had under Consideration the arrangement

adopted experimentally in 1846 to aid the Colonial Government of Hongkong in disposing of the Crimmals of that Colony

:

:

!

:

2

under sentence of hansportation,

And

I am directed by the Right Honorable the Governor General in Council to Communicate

the following review, of the past Correspondence and the decision which Wis Lordship in Conncel

now Come to on the subject.

has

2.

It appears that in Consequence of the prohibition by Her Majesty's Government

in

July 1844 of the further transportation of Chinese Convicts

le Van Dieman's Land, Considerable difficulty was felt by the

Authorities in Hong Kong

av

343

to the mode of dealing with Cuminals guilty of Crimes which though of a heinous

nature were not such as to

شما

menit the extreme penalty of death. It was represented to Her Majesty's Government by the Government of the - Colony that the punishment of Transportation had exercised a most salutary influen

ог

A

the Chinese, who entertained

horror of Exile in a Foreign

Country, whilst they cared but little for all other punishments short of death and that no

F

EX

i

444

new punishment could be devised,

at

lit

with Engüsh

once consonant with

feelings

And prejudices, and

calculated to supply the- absence of Transportation legal penalty. It was

as a

accordingly suggested and -

urged upon

Her Majestys

Government that Chinese Convicts

Sentenced at Hongkong to transportation should be -

sent to the Straits Settlements.

3

This suggestion led to a

correspondence between the

Colonial Office of Commissioners for the affairs

and the Board

A

349

of India, the result of which

was that the question

5

referred in July 1845 to the Government of India for Consideration, with the remark that if the measure appeared to this Government free from

all objection

objection and deservi

deserving of tival, the necessary steps might

be taken to give effect to the

object in view.

4.

Mas

Although

then seen

the

to be not.

Measure

not free

from objection, yet the Goverment

of India being desirous of affording

all possible aid to the Government

6

of Monghong in disposing of its Courich by allowing them to be transported by places within the East India Company's

Territories

if pe locul reasons

of a weighty nature should-

the

render th adoption of the Measure inexpedient, called for information on

the subject

from the local Authorities of the Shaits Settlements, and the Tenaperim trainas

5

of the

Nather the Commissioner the Tenaserim Provinces nov the Governor of the Straits Settlements offered any objection

latter

7

to the measure, but the bath 358

Officer considered it very questionate whether the Transportation

of Chinese to places where a large portion of the resident population consisted of their Countrymen would be viewed by the Convict as Tonigners, with the desired influence on Crime which the Government

Exile ami

Amongst

ov be attended

of Hongkong sumed to

Anticipate.

6.

C...

The Government of

India concided in this

view, and in Communicating

1

with the Government of Hongking is February 1846.

tea that the Tenaporim

Suggested

Kavines

hovince would in many

respect be

a more suitable

place for Chinese Convicts than

the Thaits Settlement – But

it was

suggested at the

same

time that the province of Sunde would be preferable to either of the above named localities, as the convicts were not likely to fall in there with

Country

th A

Any of

their Cambripmen

7

C..

The Government of Hongkong elected to send

its Convicts to Scinde in

preference to the Shaits

351

Settlements or the Tenaperim

Provinces, but as an

anwong

the

number of its convicts then

under Sentence of transportation

плече смо

i. I in April 1846, there number of Lascars and other natives of India, it was

enquired whether it would.

of this Government

suit the views that these men should also

or whether

be sent to Scinde, it was desirable that they should be shipped to the Shaits - The Colonial Government

352

:

:

линей

hereupon requested, in a letter dated the 11th July 18416.

to ship the Indian Convects to

and the Chinese

Singapore

Convict to Scinde.

8.

Tawas subsequently

deemed inexpedient to Convert

Scinde into a terral Settlement,

in November 1816 the

And in

previous order of July

counternvan ded so

far

лелает

the

Shipment of Convicts to that Province was Concerned

A party of Convicts had

however in the mean time

been shipped from Hongkong

Le Bombay,

And

they

تو

were

sent on to Scinde as originally

arranged.

9

On receiving the Order

of November 1546 Countermanding

the dispatch of Chinese Convicts

.....

to Scinde, the Colonial Government requested that the alternative of sending

the

convicts to the Tenasserim Provincy might be permitted,

and it was at the same time represented that it had been found impossible to substitute Any Secondary punishment in liew of transportation that

G

ate as

would operate

as a

sufficient

preventive of Crime, and that the Colony would be reduced to serious embarrassment unless some place of Exile for its Criminals could be fixed upon by agrument to her Majesty'; Government and

ent and the Government

of India.

between

ཡང་ཚང་མ་་་་

The Government of

10

10

Yong Re

ng

was informed in

reply in May 1847 that

was under the

stion was

the question Consideration of the Government of India and that it was

in

Contemplation to pass

a

352

Law to authorize the reception

in the Shaits Settlements

*

of Criminals hansported ex

The

73

from Hongkong:- Contemplated Law having been duly passed, as ActXt of 1847. the necessary communication,

the subject

ви

bject were made to

nt and

the Colonial Government

to the Authorities of the Shaik Settlements in August

1847, when enquiry

was

also made of the local Authorities in the Tenasserino Provinces if arrangements could be made to receive Chinese

14

convicts in Moulmein. From

the

report received in

reply

that a moderate

it appeared that a

number (about

one

hundred)

could be received there without

Serious objection and

the

Government of Hongkong

informed accordingly in November 1847 – It does not

however appear

that any

appear that

Convicts, chinese

otherwise,

were ever sent from Hongkong

to the Tenoperim Provinces.

Up to the end

чер

no official report

354

result of the transportation of Chinese Convicts to the Shaits Settlements; but in the

15

following year the Governor of those Settlements strongly

recommended that some

other place should be fixed upon for this class of Criminals, as the seizure in 1845. by

a

party of Chinwe Convicts of the Ship General Wood on her passage from Singapore

b

Tenan

of 1849

a

was made

to this Government as to the

and

the murder

его

of the Peuropean Offpiciens

- part of her Grew had

And

created an alarm which

1

!

·

יד

16

caused the location of such Criminals in the Thaits to be

12

bieved with great distaste by the Community

Before Laking measures give effect to the wishes of the Governor of the Shaits Settlements, the Government of India deemed it necessary to ascertai if Subsequent experience had afforded just, cause for Continued Apprehension

and what was the state of furling of Community

on

the

the subject

of the location of the convicts

I w

the Shaits Settlements after

355

the pist alarm caused by the acts above referred to had Subsided ; The Governor of the

Shait

was at the same time

called upon to state whether

he could suggest amy

other place

of transportation as a substitute

those Settlements.

for

13 The reply went to shew that Although the Straits Community had not openly given expression

any

feelings of alarm, the

local Government had no doubt that such feelings

were

entertained, and that, it strongly

dessired to have the Convicts

18

sent elsewhere, because their

habits

bits

and Customs as well as

fc:

diet for were very different from those of the Natives of India for whose management the

Convict Regulations of the Spait, Settlements had been - framed, whilst they (the Chinese

out

Convicts were too much surrounded by their countrymen to allow the Authorities safely to carry those Regulations to their full extent . Ceylon was pointed to

the fittest place for their reception ; but the Government

as

India, desirous of allowing

350

the results of the plan of c

19

Studing Chinese Convicts to the Shaits Settlements to develop themselves fully before deciding

ow

the inerpectieucy of Continuing

to render those Settlements

:

Penal Depots for this class of

Criminals ; postponed the further discussion of the question at that time.

14. Sutsequent experience has fully borne out the views that were expressed by the Governor of the Straits

Settlements in 1550 03

the ineligibility of those

to

ј

!

:

20

Settlements as Penal Stations

- for Chinese Criminals, under Report received from the - Governor dated in December

1855

has induced the Government of India / come to a decision

on

15

this question.

In this report it is stated that the Chinese Convicts

are

and des.

desperate

of a daring character, that the amount

of vigilance required to prevent escape is far greater in their case than in that of Convicts from India and

that in

some

of the Stations

હવામાન ખ

357

it is found indispensably Necessary to have a party

of petty officers attached exclusively to the Chinese Convicts, and furthermore

that they

are an

object of

2/

interest to the Secret Societies their Country

existing Among

- men all of whom prosess

great influence and Considerable pecuniary Means and bound under solemn obligation

are

A assist and protect their – Members against constituted

Authorities.

16.

On the receipt of this

}

:

!

1

1

1

22

report the Government of Ceylon was invited to

Communicate its views in

regard to the project suggested. by the Governor of the Shaits Settlements in 1851 of making that Island a penal Depot for criminals transported

from Hong Kong. 17 The Government of Ceylon has declined to receive these Criminals, and in the

letter from that Government,

Ultim dated the 4th Withing

this decision,

Communicating the grounds of objection to m

}

:

}

352

23

rendering) (cylon a permanent Depot for the Chinese Convict hansported from Hong kong

are set forth in the following terms: " Assuming

even that "there were no objections,

ow

" general principles, to expose

to a

Mylow

low to

a

source of

C

"Contamination which all the

"other Colonies of the brown have " Successively repudiated, there "are local grounds on which " its introduction here would

un désirable

be peculiarly " and unsafe _ In no part of Ther Majesty's dominions

is

÷

:

1359

" the disproportion between= "the European Residents and " the Native population so

"great, the controulling force

so small or

" infusing

the risk of

into au

аг

C...

inert mass

" the spirit and experience of " a more lawless and daring

race, so obvious and palpable -

are

The Convicts in question -stated to be principally Pirates, i e . Men familiar with violence and bloodshed

"accustomed

to

а

wild and

hard life, proficient in the " Arte of accomplished Curopean

" ruffianism, just the mon in

"Short, whom it is difficult

" to keep in

in custody or impossible

" to hust when out of it. As Settlers

"

ви

Ticket of leave men

• f and some such softening " of its rigours every system of Transportation requires) they

#

would be the worst Colonists

" and the most dangerous

" neighbours to any quiet and "orderly Chinese Settlement that " might hereafter be attempted " in Ceylon. If worked as " Prison laborers, they would " require for themselves, and

!

:

1

26

" render necessary for others an "amrount of precaution which is superfluous in dealing with " Native Criminals and if they escaped and succeeded in reaching the wilder parts of the Island they

would be enabled

d by-

lo

their superior energy " Organize Gangs of Cattle- Steaber, and other lawless

"Characters who would not be

" put down without much

" houble and risk - Ceylon

"has

penitentiaries, no

по

" fortified places, no Dock.

"Yards with Guards Constantly

"mounted and Gates closed

" at night_ The Military "Force here consists of only

360

"Two Regiments, scattered over

an immensespace and the "Police Establishment is barely

27

" sufficient for the wants of

three of the principal

"two or

"Tours".

18.

The Correspondence

above recapitulated will shew that this Government

has

ted all reasonable

adopted

means to aid the Government

of Hongking in disposing of

its Criminals who are sentenced

:

:

1

2.8

to hansportation ; but that it is invxpedient in the last degree that they should Continue to be sent to the Shaits Settlements; The Governor General in Council

is accordingly constrained to decide that no more Convicts

from Hongkong shall be

received in the Straits and

We

the special objections that exist to the reception of these

Criminals there apply almost equally to Moulmein, where large portion of the population is Chinese,

a

361

I am further directed to add that the alternative of sending

the convicts there

longer

сии по

be allowed and that

this decision has been arrived

at by His Lordship in

Council with the less reluctance

(1)

the main object which the

Government of Hongkong had in view in transporting the Criminals of the Colony to those parts is unattainable, since the Chinese can scarcely be said to view transportation to the Thaits or to any place

where their Countrymen

i

1

S

.30

abound, as Exile in a Foreign Country, while it is in the power of the Colonial Government to substitute for transportation the punishment of penal

Servitude.

19

Under these

circumstancis His Excellency

the Governor of Honghong- will be pleased to make such arrangements for the future disposal

the Criminals of the Colony may appear to him proper and

of

Necypary.

Fort Millian

I have

се

The 12th by dad y Signed, lecit Bradon,

1856.

Septimber

24

Sexy to the Govt of India.

1 True Copy 1

Colonial Secretary.

362

1

171

1

}

:

Despatch N.167 of 1858.

helozure A. I'm

J4101055/56

363

:

!

Minute on the letter of

the Secretary to the Government India to the Colonial Secretary.

on the subject of the

of..

of Houghong

transportation of Convicts to

the Straits Settlements.

Without questioning the

right or the reason

of

the Indian

Government in the decision.

announced, I think this

Government placed, and somewhat

irregularly so, in a difficult position.

The concluding paragraphe

of the letter in effect Conveys

aw

of

Honghong to the Straits Settlements. 1.2th September, 1856.

transportation of Convicts from

against the continuance

India announcing decision

Copy of Letter from the boot

:

2

order to the Governor of thongthing, who can receive such only from the Secretary of State for the_

Colonies.

I conceive the Governor would.

be jinstified in declining to recognize the command thus

given,

course.

but I do not advise this

"

The Convicts must from this tate be kept here, and the circumstances should be reported to the Colonial office by the

ing

Mail, with a request

for a speedy

decision.

I have already elsewhere recommended the enlargement

364

of the Gaol, and this is now-

more than

n ever Meless

Necessary.

But I am of opinion that,

presuming

one result of this

difficulty to be the substitution

of penal servitude for transportation, the Island, lying off the south side of thoughing Middle Island, mays

and Known as

maybe Enveniently

red and.

and expediently fortified converted into a penal station.

I am also of oprision that

the eve

expense of this measure should fall upon the Imperial

and not the Colonial Government,

in fact the Colonial treasury has not the funds for the purpose,

!

- ..-- .➖ ➖ ➖

1

for of the number of those-

sentenced to transportation,

usually

the larger portion will be found

to be Pirates, and as such all

expense

ense incurred on their -

account is connected with

the general interest; and has

only

an sireidental association

with this Colony-

Ifancy Isee signs of an disposition. at home

at home to return

to the systern of transportation,

and if this be

احد

whether the

spot fired on be the shores of the gulf of Carpentaria,

or some

other uninhabited tract-

worth Cultivation, it might

365

be made available for convicts from China as well as convicts from Britain

But in the meantime

I see in the proposition I have

made above, the sole relief.

from

our d

difficulty

the

enlargement of Ketoria Gast,

and the establishment of a

of

penal settlement at Middle

Island.

It may

also be well to

this subject

communicate on this

with the Chief Justice, and

place Mr. Beardon's letter before hein, as this Honor may

perhaps be able by alteration

!

[

2

sentence, or in some other

of sentence,

way

to assist this Government in

its present embarrassment. (Signed) W. J. Mercur

Colonial Secretary.

Council Room,

Victoria, Houghing,

15th October 1856.

(True Popy Manom

Colonial Secretary.

12168.

:

Financial

Copy

to

or core-07

17 @baryst.

dir,

11056 Long trong

RECEIVED

DEC. 9

1856

36€

Government office, Victoin, Hougtong, 13 Fbetober, 1853.

I have the hour to cubuit for

your approval the accompanying Heport and retimate

Bout

Post House for

of in new

a

for the Marine and

Police Serustuents.

The Land on which the old

bout House stood was cold with

the House on 21th July last, and

2/5

brought 4,000 dollars or £833. 6.8

The Right Honorable

Sterry Labouchere, M. P.,

He.

&c.

2

1

F

}

تر

Zong th

;

Lix months were allowed

14

for the removal

7

and I hope to see

the old House,

the

New

finished

within the prescribed time

I have the honor tobe,

With the highest respect,

Sir,

Your Most. Obedient Humble Servant,

Memall

Treasury for sanction

& Dean

Shukainen

DJ W...

Entered.

Ch: Trevelyan

188 DECK

FUTE 10

Jadet 12 "Elliot

Varioule 1?

I Bell Baladouchiere D

ور

Ansive 26 Deepst

11527

168. 13 bet

11058

Hona

17 Deeps I

367

Jam diruted by Mer

Если

Secretary Labouchers to

Transmit to you In-

The Cornfederation

of the Lores Commifs :=

of the Pressur, à Copy

ifa. Des petite from Guin of Hory Hary

the

submitting a Report & Colemate amounting

вода

to £ 905 - 199

In a suc

Bush House for the

Phee

Marine & Police Dept.

2 Saw to state thit

L

Mes Lobauchere Gue

y

with their Lordships

Concurrence to sanchen

The expenditure

There

on this

E. M.

1.

!

Govern

You 1100486

37 11527

Six, John Bowring

י-י

MINUTE 290 35

гуда

JANY

MR

2

MREllic

M.Merivale

2

31.97

WP! Ball

Ausive 21 Muntsby.

48 33

Sci

Entered

6 Fa. 1

369

I have to achie

your Despatch 1/68 of the K betabeer enclosing as Report

aust Estimate

morating to Nive

£905-19.3 Hundred and five

panuds, winetion Shittings

and nine-

- pence for

жен

Baat Stause for the

Marine uned Potice.

Departments of Song. honey.

!

!

!

:

Shis

appear.

coursederatite clea

You

this

chang

works of

mature, teuton

considering

ی کانیں کر سکتے۔۔

the site

that the

the old

Boat Hause aud

building sexs reational

Eight:

ht

Foundred and £033.6.0

thirty three porneds

bise Shillings

and

-eight pence, Hills

Goût sanction the

expenditure

for

news Boat Hause

the news

I have

نایا

P.

SURVEYOR-GENERAL'S

ESTIMATE OF THE EXPENSE FOR

a Boat house for the

Harbour Master & Police.

Victoria,

29th August,

& 905. 19, 9

1856.

Report and Estimate No 10 of 18.56.

Innost st

ли

atch P./6807/858.

362

1

(. Art. of ly

OFFICE OF SURVEYOR-GENERAL

ESTIMATE OF THE EXPENSE NECESSARY TO BE INCURRED FOR

Harbour Master and Police.

PLAN OR DESCRIPTION.

6

£. S.

7

£ & d

a

370

3.9.6

The present harbour Masters and Police Bos Excavation House having been rendered unavailable b. 139 C. Yards@ the extension of the Bowring Praya in front 1789 C. feet found- the Marine Lots lately sold in the immediate cations inellasonry @ vicinity; it was resolved by His Excellency The 4549C. feet granite Governor to sell the present Boat house walls wrst both

Public Auction with the Land on which insides

@y stands, and which were sold at the Land 240 C. ft granite sale of

the

21th July ; the present Estimate girders rough

dressed & fixed @ 2%. to provide for the erection of commodious boat-house at the bast end of 88 feet run gra- the Plaza, to meet the increased requireme suite stops @ 1/4- of those Departments of the Public Servia,

a new and m

1042 feet run gra nite window sills 2/ 381⁄2 feet Sup: 4r granite hearth Stones

@1/4

-7861 C. ft brick

work in stone lince mortar @b

Forward. F

44.14.6

1

132.13.7

36.

5.17.4

10.9.

2.11.4

:

196. 10. 6

432. 5.

Approved,

(Signed) John Bowring.

:

:

2

£

Forward

432,5.9

C. feet best

na fir trat

»

in joists. De @ 2/9

43.11.9

C. feet China fir

t & framed in

of

@ &

43.1.-

C. ft. China

wrot & framed

Loor frames @ 3/4

7.2.6

• feet run 67

6"

ina fir poles,

+ & fixed @ 4

4 ft Suppl. 1" China is batters for

of

@ 2

Sash frames

23.6,81

7.7.8

xed Complete

12

13.16.-

185 S. feet 2+

Forward. k

570. 11.4

371

F

EX

!

Forward

washes hung com- lete & hinges @ 7 20 S. feet 11⁄2" Ja - usie shutters and

Singes

@ 1/

h

61 S. ft 2' doors panels hung, omplete de X0@1/4 1947 Squares 14" flooring @ 50%. 350 S. feet 14" skirt. ng Complete @ 10 40.tty wrought iron Straps fouroof @ 6

4 - 18" irow rimm

7

ocks & fixing @ 7. 38 Squarestiling su roof, double @ 50% 250 yds Supe lath Forward. A

570. 11.4

ابی بر چرا

21.

24.1.4

49.7.6

14.11.8

8. 10.

4.18.-

57.-.-

767.1.1

372

ab..

Forward

and plastering @ 1/6 20 Yards Supe rendering 2 Coats

and set @

270 S. Yards Stucco w brickwork and jointed @ 1/ 345 S. feet European glass fixed @ 1/1 23 Sash frames hauiting

É coate

767.1.1 £

18. 15.

26.-

13. 10. –

18.13.9

£sd

*...-

both sides @ 2/6

40 Doz: sash Squares painting, &c. @ 24/ 1840 Gards Supe: Jalousie shutter painting 3 Coats @ 2 117 yds, skirting painting 304

recu.

2.17.6

4.13.4

7.-.-

1.9.3

Forward ₤

859.19.11

3 coats@ 3

373CALL OF

To. 38.

Report and Estimate No 10 of 1856. 372

house for the

DATED 29th

29th

August, 18556.

PARTICULARS.

Forward 45. Yards paint ng 3 Coats @ 6

LABOUR.

2.2

MATERIALS

TO BE

PURCHASED.

MATERIALS

TO BE

ISSUED FROM STORES..

PORTION

OF WORK TO RE PERFORMED BY CONTRACT,

TOTAL.

S.

d.

£

8.

ستم

d.

£

5.

d.

£

8.

d.

859.19.11

2.17.-

Casualties, 5...per ... Cent

3)

S.

d.

862.16.11 862 1611

43210

Total,............£

905199

William super

Acting Surveyor General.

ܐ܂

L Lo 2033

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:

:

:

i

1

1170.

Excentive.

22 Deef56-14

Sir,

1052 Long chúng v

RECEIVED

DEC. 9

18.6

Government Offices Netrin, Houyhong, 14th Bettier, 1833.

On the return of the ilttorney

ee on

Seural from leave of absence

account of his health Iplaced before him another case decided by the Bench of Magistrates againt Ordinance 1.8 of 1856,

18 if 1858, and I have

the honor to forward Copy of

Officers Opinion.

that

I am not prepared to net

Right Honorable

Henry Labouchere, M. P.,

Ar

2.

42.

i

upon

that

Opinion by venturing

on so serious a step

cancelling

as

that

of

the whole Commission

of the Peace, nor do I hold it expedient to take further notice it present of Mr Mitchell's conduct

in avoiding the responsibilities of

but I shall await with

lis

office,

come anxiety the expression of

your

views on the bearing of the

rcusant Magistrates in

connection with this Idinance_

Office

and hope, on the arrival of her Davies who will bring to his

legal Knowledge than has heretofore been available, to

Aune

address

you

with more

satisfaction,

are

on this subject.

377

I have the hown to be, With the highest respect

in,

Your 'unt bedient

Jumble Sewan

The Depositions in the case

forwarded herewitte

BB

}

!

1

ī

i

ZA MATKA Van J J

..

11.045

No. 157

N? 162

11.058

No.129 11.050

No 145

Sechabonation.

Mr. Merinale 20 Dec. 605

22′′

+277

4170. No 162. 10th

No.157. 7th Oct. 1856

M

14th

2.

See als 11054- The Ardenamel is

experimentel only, and as

formal

confirmation of it has been seabout?

G

Deen

J

W Jadis

Sir 7 Rogers's report

Роден

on the aoiname is

hit annexc. I.

Htm D 12

Mor Meniale

bunexed

9

See also

11045-11053.

11050. 11054.

I really do not

know how this case should I dealt with Except by a refrence to

our former distalch (as Than

minutes on 11045) adding butahs

Nat the remodelling of the commision

h

peace, howens little desiratt,

a deliteat

may I reacpany if there is a

•Uchmal.

Sif

этново

sur money po made pouse, my by poprsip

дажод remalo porusz

my moppen ne

by op te bele imponony

Bansang

mmmary &

of

My noneguy with you in me ominere myep up remisery

288/ we in '7/ Susyness

ma

Nor Memale

10

Home Bong

372

Entrees

ber 1856

f

The Shimbers and dalis

Dorpatcher of

have to achn573

Specified in the

reporting

margin,

The Conclusion

The Correspondence with

The Benoth of Magen Bates,

and carions

Concerning

Wher

Their conduct

particular

with

I

Д

2.

relation to the Sanitary

Intinance

+

2. I do sest perceive that are particular question

is

to raised bestture papers

for

my decision, and can nly refer you to my former

Despatches of the 6t Angs. Last relating to Stus Ordinans

This

and of the 13th November

last respecting the conduct

If the Magistenter. I hope

That Mr. Danies will have

been able, before this People.

arrives, to lend you officient

&

{

379

assistance .

It

Jeems

6

Je

Ordi =

deat on the face of the Anti-

:nance that the Legislature

intended it to have

a

(

- Menad

1

retrospection affect (so far

as relates to buildings

Con=

before it's not

suact=

- mont). But as far I understand the subject,

I am inclined to believe,

the doorca.

redwith-landing tion of the Attorney Commer

That the error

alleged to

have been committed

by

j

T

4:

*

The Orench in this respect

will be rectified at once

in a

More

Effective and

more appropriati

Manner

by legislation enforcing inproving the means

1

and

Affecting against their jud.

inerts, than by the adshahen adoption

personal measures

Mainst

A personal The Magistraler thinvolves .

Nor do I believe that the

are

interests of justice likely to be advanced

the strong language of

Censure

or threats

из

being

J

Consegently

directed towards those

380

functionaries in drom the Execution of the law is

serted.

4.

The cancelment

If the writing Commision,

and

isone of t

h new one

with the omission of certain

names,

do

a

Ine asure

which I should be far-

from approving, if it were founded only a supposition that the magistrater mis=

: conceive the law, and

www....

Festentity

antity offore themselves

E

:

}

+

:

16

to its excention. For

such

4

Course

their

on

parti, I

Conceive that

072

patience and firmness The part of the Excentive,

and such action

before indicated

ста

4.

I have

the

part of the Legislature,

will forone a better remedy.

But the case is

altered

if

wüten

Antirely

7

it is tire,

as

suggested in parts of thin

espondence, that some

Corres

порождени

of the Justicis

are

engaged

in building speculations

"

1

Leing

381

and consequently interested

are influenced in their in the defeat of the law

Enduct by personal

У

assiduchess

If you

reason

have substantial

a

to apprehend this

am of operech

I conder that their 4x=

: clusion from

A

new

Commission is not only justified but strictly

се

Massang for the public-

The

Good

importance

A vigorous canitary

Where population

Measures

and

building

are

as ini

Dancing as

advancing

zapidly

Hamp

6 far too great to admit

A

+

F

!

even

If this saccution being entrusted to parties remotely intereved in the

Continuance of abuse

5. I hope however,

that as this questione respecting the retrospective operation of the Ordinanc

must, naturally diminish

on importance.

A

Time

advances, the difficulties

Which

your correspondenc

reports will have, in great

Ine asure,

subsided before

this mistinction can reach

Jon.

که

Host HK

382

refusal on the Last of the Demch to lead thermelon to the exention the lar

on a point

1

10 Clovely inviting sanitay,

Sherially if it is here that some of thing are intersted hoches. interests of importance, -

quite apie

with der Chichesten Anstey that the clause

is rehospectin,

& do not understand on

what plea the reagistrates

Can

Lan decided

Momaine. But the rest of his Caws I

ds and understand, & he has probably succeed? in putting

With

himself the forins into

wrong as Regards interfereme with here magistrates.

Hm DIL

12.15

:

!

!

Bu

1

1 - .

Copy

Si

In 110084t

Attorney Generals Office,

383

Hong Kong, 13th October, 1836.

Regina & Thong licking

I have the honor to return=

Mr. Acting Chief Magistrates Mitchell, letter of the 11+ instant with the enclosed Depositions:

this matter.

From the above

11

above papers it

appears that a determination trists amongst the justices of

The Monorable,

W. J. Mercer, Esquiro,

Colonial Secut any.

:

:

ww

i

L

384

to

this Colony be defeat the operation

of the Buildings

and Nuisances

Ordinances of 1856, and that

to do so, they are prepared

prepared to

Set at noug

ht the express

nought the

letter as well as the spirit of

those enactments. It further

Appears

that the acting thief Mugishate of Police, although

not personally concurring in

the vote

of his brother justives gave them the opportunity of attending at the late hearing. by Circular dated the 7th instant requesting those gentlemen ( of whom the rast majority

D

were to his knowledge determined

to set aside the Ordinances in

question upon every possible

occasion)

to do him the

personal favor of their attendance on this occasion,

informing them, at the same time, that the matter in hand

was

" an

alleged

Nuisance,

under Ordinance Ad of 1856.

They attended accordingly to the

number of five :-

and

the

Offence having been fully

proved, as I presume to their Satisfaction in other uspects, -

they unanimously absolved

j

!

!

f

:

+

1

4

the offender, the summons, on the ground. of the work having theen]

and dismissed

" commenced prior to the 16th "of April 1856, the date of the "Ordinance, which they do not read retrospectively . That

is to say, they not read section

Eleven of the Ordinance in

the plain

of the

u

and obvious sense

words (and according

the

to the interpretation of Supreme Court in the late

+

cases of The Queen & Mitchell

And

The Queen

a Mitchell

سلام

and May) but in the

Non-natural sense of the

385

adjudications arrived at by the defendants in those his

two

cases, and which drew down

the severe censure of the Clif

were

Justive, when they brought

under his notice by myself in the late proceedings by

Mandamus .

That Section which

the justices do not read retrospectively is as follows : -

• Every u

work whatsoever,

" hereafter to be Commenced, " resumed, prosecuted, or finished in contravention

:

į

of this Ordinance shall be

" "dearned a nuisance"

Nothing

can well be

plainer . But were it otherwise

justices have

the

ave no excuse

for not reading it retrospectively : The opinion of the Law

Officer of the Crown again

And

again

v

Communicated

386

felt themselves compelled to lend a ready obedience) might

have satisfied the Five justices

(Not

Not one

one of whom is a lawyer,

that " or " does not mean " and,

that the Eleventh Section is to

be read retrospectively, and that works resumed, prosecuted,

icated

or

to them, the unanimous

opinion of both Councils Also transmitted to them, and lastly the already cited decisions of the Supreme

Court, (to which even Mr=- Mitchell and Mr. May

& finished" after the 16th Cepril, although commenced; before that date, are within the remedy

thereby conferred, as they

Certainly

are within the

Mischief contemplated. But

it was not so.

I have

No

Casitation

ben beikali MAZIKENA

!

:

!

i

!

in

advising His Excellency,

under these circumstances,

not to have recourse to

any remedy

only

one

as

but

one;

the

I think it:

I mean a reform of the Bench. Of what use will it be to Summon legislation to his aid, - for, as to the existing law, that is powerless! — when after all it will be to these

same justice that His Excellency

Must resort to

carry

into effect

the results of the legislation. I' do not deny that, hereafter,

and with a

od

good

?

Bench of

387

justices, legistation will be highly

desirable still to cure the vicces

of the Ordinance 10 of 1541, and to restore unimpaired the lithe of the Crown to the und of the writ of Certiorari so

9

much obstructed and thwarted

by that illpormed and illconsidered Ordinance. But

to attempt any reform at - present in that direction - before the law has been vindicated against the

Sptimatic mal-administration

of it in the hand, of its

Ministers, is to build with

:

I

!

1

į

оне

stones already rotten in their

quarry.

I humbly advise His

Excellency to cancel the existing Commission of the Peace,

and not to issue

but

a new

upon Mature

enquiry and deliberation.

as to to the

capacity of those whom it is to

Comprehend.

I further suggest that the Stipendiary Magistrates Should be reminded that in

acepting their Salaried

appointments, they undertook

388

the performance, each for himself, of the duties of an entire Bench of Justices; -

and that they should be

warned that, if they

are

47

really unequal to the performance of these duties,

their proper

Course is not to

suk assistance pour the- declared enemies of the legislative thinsures which they are expected to carry out, but to resign. If His

Excellency

indeed were

proceed at once

by the

to

Shorter Method, and threaten

1

!E

12

their suspension, in the litte

case to that of which the latest example is now before

His Excellency, I do not think

have -

that any one would the right to blame him as

for an excessive estimation

of the duties

duties of a paid Police

Magistrate.

If I make no apology

for venturing to offer my -

advice

upon

a matter little

suited to my province of Law Adviser of His Excellency, it is because, in the pass to which things have come, I

have now no advice,

389

as Law

Adviser, to offer, I am helpless,

До

long

as this administration

of justice is tolerated. I cannot reach the mischief by any

remedy within my grasp . For

13

reasons already submitted, the Writ of Certiorari must be Considered a dead letter. By

ding to hear and pretending

سا

Adjudicate upon the Marits,

the

justice, have put it out of my power to employ the writ of Mandamus, so effectual against them whilst they afficted to justify their -

.

i

:

+

11

Connivance with the offenders

upon a supposed defect of

jurisdiction . You may drive them by your legislation from the

ground they

поне

occupy : - but it will be to

occupy

by some new position, this will

And A

As

· go on, so long

they imagine that Wis

Excellency is not disposed to

Measures of severity, severity is useful.

even where

I have, ser, | Signed ) I. Chisholm Anstory.

(Jove Copy)

m

Colonial Secretary.

1

Copy. Circular. Innrespos

1955/56

390

N82.

Bentlemen

Chief Magistrates office,

Victoria, Anghoy,

October 7, 1850-

1

kasions

I shall fal much obliged if you can Conveniently attend the Court of Petty lesion to be held at this office on Thursday next the qft Instant at the hour of 12 o'clock noon, to give me the benefit of your comitance in the adjutication of an alleged Misance, under Adinance N. 8 of 1856.

True Copy) Wochuren

Colonial heretory. The Hon. Mr. T. Mercer, rosa The Hon. I. I. Roger, Erss " Charles May, ro, th Joseph Jardine hay's George Lyall Requ John D. Bibb riz Charles F. Still has t Robb J. Walker Joqu John Pickett Ass

&of.

Jihave &c.

Liquid) /r. A. Mitchell

Cryne?)

Acting Chicp/Magistrate. Captain J. F. Watkins, RM. R. C. Antrobus, resu J. C. Leslie haph Angus Fletcher Ang = A. C. Maclean, reg The Hon. J. C. Auster, En Wen Lamond, hey in Samuel Gray roz John Learth, high Her Majesty's Justices of the Pence.

LA

!

1

¦

¦

2.

391

}

Memorandum 7th October, 1856

Requested the acting Chief.

trate to Isone a summo

Magistrate

ous

against Foong-aching, for erecting 6 houses on d. Sot W, 408,

near Union

Chapel, the said

houses being I stories high

and the lower part of the bast exterior walls only about 1044 inches thick, the upper walls being hollow and not ~ slidly built, and the

le poisto or timbers of Floss

pon

abut upon

of Floors do not

and rest against

7 inches of solid brick or

:

:

:

į

...

Colonise Secreting

MAN

4

slove work.

See, Ordinance. WoD of 1836.

}

(Signed) Joxeple

Section 2 Rules land 5

Oversee

of Worker.

Scott

W 185

SUMMONS

FOR DEFENDANT.

1501.

En the cause in which

856

day of October 185.

AT THE CHIEF MAGISTRATE'S OFFICE, VICTORIA, IN THE COLONY OF HONGKONG. टीई

the R. by William Cowper Acting Survey or

General by his Attorney Pieph Scott, is Plaintiff, and

Overseer

of Ronds

Newna

Toong Ahching, Berilder of Victona,

392

To

William Jackson

to all other Constables of the said Colony.

Defendant.

a Constable of the said Colony, and

Charles

Whereas the said Plaintiff hath this day informed and complained to me

Caguire), one of HER MAJESTY'S JUSTICES OF THE PEACE for the said Colony yor October instant, was

Relay

for that the said Defendant on did un

quilty of

Muisance, that is to say lawfully build certain houses to the num six on Inland Lot W. 408 at Victoria in contravention of the Jthe pro provisions

ber of

tion

of Ordinance

諭本役

據原告 香港刑訟司

CHUO

爲票傳被告赴案質訊事

日在

等知悉照得本司現據原告禀稱被告於

乃屬犯律懇乞票傳質

地方

一案

訊拨法究辦等情據此合就票傳爲

我立即傳出

年 月

須到案消差毋違須票

仍他可

須屋將 年

准于

點鐘赴案質審俟候按法究辦該役臨時仍

遺在他屋或貼在屋外當眼之處至其不能交與原人 此票可將抄白交與原人收覽倘不能交與原人卽將

或抄

之故仍須稟覆

在交

仍月

i

8 of 1836, vigt: did unlawfully build a third story to the said six houses with walls hollow & not solid

2ndly did unlawfully erect the said 3rd story walls over lower walls of less than 18 inches thick on the Eastside of the said sire houses, and 3rily did unlawfully neglect to cause the pristi

*

limbers of the said sine houses.

to abut upon & rest against Ginches of solid brick or stone work, and has prayed that the said Defendant may be called upon to answer for this offence, and

(If practicable, the Copy

minat be served on the Party

personally; but if this be impracticable, it may be left At his last usual Place of Abode, or be affixed to conspicuous part of the out- side of such Aunde; and the reasons why the personal Service could not he made,

must be stated in the Return]

1-1.4.

יין

may be further dealt with according to Law: These are therefore to require you forthwith to summon the said Defendant to be and appear at the Office aforesaid on the ninth

the

Thursday

day of Actober 185 at the hour of Iwelve o'clock. noon, before such JUSTICE or JUSTICES OF THE PEACE for the said Colony as may then be there, to answer to the said information and complaint, and to be further dealt with according to Law: Aud be you then there to certify what you shall have done in the premises. Given under my Hand and Seal at the time and place first above-mentioned.

I

ври влека

8th Actre at 5/15 P. M

(Signed)

6. May

Acting Assist : Magistrate.

a Constable of the said Colony, do hereby certify, that on

I duly summoned the within named Defendant

and served a true Copy of this Summons on the said Defendant, in the manner following, that is

to say:

By livi

camont

minć

it at his sidence

(igned; for Preteen

Constable.

b

....

393

7

}

Thursday October 9th 1856.

Joseph Kett_ Examined on oath.

Hates — I am Overseer of

Wocks in the Surveyor Generals Department - The Acting. Surveyor General is at this Moment absent at Stanley -

I took out this

Summons

the

upon his orders on 7th instant — I believe he

ordered me to do so, because

he had personally inspected the buildings in question

$

17

:

!

j

:

1

4

!!

8

9

on

the 6th

And

found that

Contravention of the Ordinance which I now complain of - I do not know how long these works have been in progress - I cannot

whether they

say

were Commenced

before or after the passing of the Building Ordinance

-

I now

being

2

- find the 3rd Sony

erected on 5

of the

6 houses named in the

I find that

Summons

the wall of the third story is built hollow, and therein

39A

is Contrary to the Ordinance - I further charge that the upper floor

dows not rest

against or abut upon 9 inches

of solid brick or stone work-

I also char

charge that the lower part of the Eastern walls- by which I mean the basement walls of the Eastern fronts of 5 out of

7.

من

6 of these houses are not built on the Scale required by the Ordinance - I believe the eastern Basement is of Solid granite, but I cannot

H

B

ī

:

10

take upon me to

Jay

whether

14'1⁄2 inches of granite is not (qual in stength to 18 inches of brick-Work - The walls at

of are

only 141⁄2

14'1⁄2 inches

that part or thereabouts - The fault- which I now charge in them could not be rectified, but by pulling them down to their foundations .

ан

X examined by Mr. Stace behalf of the defendant- I do not know positively when Captain Cowper last. examined these Buildings -

395

but he is pequently in that neighbourhood and

hass

Some Government Works - under Construction (Water Tanks ) close by _ He must have observed the progress of the Buildings now charged, Constantly – I should say

ture bui выло

three times a week.

About 3 Months

a

ago

ев

recollect Aching (the defendant)

Coming

to me and as

askin

king

me to inspect his walls-3 told him to go to Captain Cowper _ I do not know - whether he did so or not -

.:

12

The first order Ireceived touching those buildings, was on the 6th instant, when I

was ordered to summon the Builder - (aptain Cowper told me in the first instance, to notify Aching verbally that his walls were wrong- I told Captain Cowper that I had done

about a

fortnightage

on my own responsibility, and he then ordered me

him-

thwith to summon I sent the Chinese Contractor

of Our Department, Assow,

39€

to give defendant vert al notice of the Contravention

red-a.

13

now charged _ a Chinese version of the Ordinance No 8 of 1856 was issued,

about a month ofter the Ordinance had passed –

that

I Consider, wherever Iestablish

A

a contravention of the

Ordinance, I am entitled to claim the confiscation of the materials - in case

of my obtaining a conviction in this case I have the Surverfor Generals orders

to apply for the abatement

|

14

of the nuisance in the

usual way.

/ Signed Joseph Scotl Overseer of Works

True Copy

!

Colonial Secretary.

George

397

Duddell-examined ou

oath states. - I have had twelve

years experience of chinese Buildings in this Colony .

examined the Walls and

general Construction of the

levements now.

"prevented, this morning at request of the Defendant. - Sfired that the walls of the upper story, charged as being hollow, ale not so in fact . The Chinese Builders have attempted their unal storenly style of building in some places, but generally,

on

cathing into the walls, I found them filled

illed with

3

A

2

i

16

rubble and thunam : Owing

to the

- peculiar position of the adjoining ground, Shola that the houses are bona fide stories, not three, as charged

in the sun mious.

de hoo

The

basement on the Castern side

I

I look upon as cellarage- -fired the partition walls, to be of 17 inch : granite and the Castern Exeterical Walls, 14 inches

of brick work with stone casings

to the doors and windows.

Aching .. ( The Defendant) examined, after being cantionn

in the usual Manner-

398

17

Mates - Jam a house proprietor,

in this bolony, to a considerable extent - Town ten different

Sots of ground, and

· pay

t

crown rent to the extent of about $700 per

I bought the

erann

and

i ground

прага - challenged,

which the tenements stand, about fannary

a...

گ

early in February 1855. – I Commenced to unt my foun_ -dations in March 55, and

as the

a

the ground required. great

reat deal of excavating, I did not get

to store and mortar.

before 25 January 1856. Since

then I have been constantly

7

i

1

!

1

T

18

going

on with suy works.

I went to Assow's house two

or Miree times to ask him

whether be had heard.

complaints

any

any

intos made of my Buildings by the Surveyor

General - He told me he had

not - Assow, is the Head

d Arran

of the Surveyor Generalén Department,

tment, and the Chief Organ of Courmunication

with us. -

the Chinese - I

1

+

have never received an

а

Chinese version of the ordinances,

of ever seen one. On the 17th

houses

of april last 3 of my

challenged had the

мои

first

C

399

floors laid - and the other

197

3 were nearly as far advanced, I never knew that I was

Violating any

Saw until

I vas summoned here.

Decision

The praticas, by a

Majority of five to one, a

dismiss this case

the work

having commenced phion

to the 16th of April 1856, ( the date of the Ordinance ) which

they'

Before

do not read retri

retrospectively

(Aigured WH. Mitchell Gif Chairman

Angusi letcher beg

все

:

¡

!

1

F

re

N:169.

Financial.

· יך די

Дауров

A I GJ

IL

Sir,

H05 rong trong

RECEIVED

DEC.

1856

400

Government Office, Nictoris,

Aoughing, 14th October, 1858.

A point has arisen under the

Colonial Regulations on which I have the hour to solicit your

decision.

It is contained in the

accompanying

Letter from M10.10.94. Alexander, Registrar of the Supreme Court, and the doubt is as to the right of the officer to receive the back pay,

The Right Houmable

Henry Laboucher, M.,

Himy

Ac.

&c.

&c.

:

1

20

(Sigared) John Darby Trible, Ergu-

John Search Eng

не

Robert Crawfor& Antrobus ty

by a

Sort

fre...

(.) Robert kott Walker, Ley":

Dissentient. The Chairman

(Agored) WH Mitchell

(There Poppy)

Allure

Holonial Secretary

A

Join ver

which in this ease would include

period of about 16 Muouths, when

be

undertook the office upon condition of half Salary

from

the

Had Mr Alexander drawn

the 12t bctober 18544 the full Salary I imagine that under the

rule he

he would have been

quotes he

entitled to it.

fr

I believe there are precedents

the view of the ease taken by Mz Alexander.

I have the honor tobe,

With the highest respect,

Sir

Your Most Obedient Stumble devant,

The Bonning

ļ

401

1

2

t

I

C

1

Gou 11057 Harry

Sir John Bouring

??

NH43

NOTE // DECR

115

ades

Elliot Rorivale Mr. Bull

16

Launchere te

Catered

De

Shave to cutumistege

reift of your Despeth

402

the

hibg of the 14 Octalact

enclering a Copy of

liter

Frove les to. H. Alexander

prefening

a claim to the

Jull Slary of £750, the

arcouch of that time attachest to the Office of Registrer of the Supreme Corest, for the precies during which his Prestere for

len

Cay ceased to draw any half pay.

The Phule in the Book of

Regutburs to which t

I's Rt. Houble Here Labouchere MP.

Governor Sir John Bowring

147 Ictober, 1857.

Retorn Youp Hous,

No 169-

/melorure.

Feceived

arrear of Payp.

of the Supreme Court, for

Transmitting application from M. Alexander, Registrar

//

чи

The facts

A

requels aler Cacy's

leave.

statel concetly by her blexander, and the Perle 95. Page 28 appears to que to establish his claim to Sell Jay

from the clate at which his

Predece por

Ceased to cov

уствот

I think

tor: alth

Your

م

Lan some doubt whether

the rule was so intended,

drey y

are in

Alexandeng of MN Caps

claim

Ат

Favon

810

}

}

Copy

In 187

403

f

:

Alexander refers offered the

me to establishes in my opinion the claim he has

advanced; and Shave therefore

to tasection his receiving Frell Salary of the Office

at the rate of £75o

a

Jean from the 12 of bet пра

the

18'54. to the state at which

he was confirmed in the Appointment of Registrer on the reduced Salary of

£600 pe

Асилиет

love

Magg

fir

Court House Hougtong,

3rd betober 1856.

His Excellency the Governor

having

as Sam led to understand

decided that he cannot grant me

cannot g

& grant arrears of salary except from

9th February 1836, the date on which Mr. bay sent in his

resignation of the service, I have now the hovor to request

that

you

will move His

Excellency to transmit to the Right Honorable The.

The Houble. W. J. Mercer

Colonial Secretary.

i?

Secretary of State for the belonie My respectful application that I may receive arrears

st

crears of pay

from the 10th October 1834 to the 9th February 1856.

The grounds of my application

the

are that on the expiry of eighteen Mouth's leave originally granted to Mr, bay and which tooth place

on or about the 1st

October 1854 be/Mr. bay) was granted twelve months additional leave, but without

pay,

that during that time

I did the duties of his office drawing half. Mr, bay's pay vigt £375, and half my own vist

404

£ 175 Making in the whole £550-, that Mr. bay not having

since the 14 October 1831, drawn

pet

any Salary, I am entitled ~ Chaving

done the duties, and

having since been confirmed in the appointment, to the full salary attached to the office at that time vizt £750, annum; but inasmuch I have alr

already

drawu

€750 per

ar

£550 per

annum. I can only look for

arrears at the rate of £200 per

аллиги о ак

to Make

up

the full pay of £750 above

Mentioned.

In support of the view

:

C

I lake I beg most respectfully to draw the attention of Hist Excellency the Governor to para: Page 20 95 of the New Colonial Regula

which I am

my

Case e

of opinion meets

entirely. Trusting

10004 trong trong

1356

405

by

Schedule of Dermatoses transmitted the Governor of Hongkong to the Secretary

of State - for the Colonies by the Mail Steamer Malta viâ Southampton

W

Date

of

Deep

Despo

1856

be

132

that His Excellency may pleased in forwarding my

to give it the

application to give

support of his recommendation,

I have, 74

(Signed) WH. Alexander

Registrar.

138

fr

——

the 15th October 1856.

Subject of Despotch

Duplicates

August. yo transmitting Minutes of the Coecutive and - Legislative Councils for the half year ending

14 June 1856.

30th

on

15° Forwarding Mr. Solicitor Parsous Protest against

Ordinance Nr. 14 of 1856

139 September 8. Respecting the liability of a Governor of a Colony give evidence before the Supreme Court

1110

141

to attend and

Transmitting Schedule of despatches addressed to the Secretary of State for the bolonies, during the half year ending 300 June 1856

Acknowledging receipt of Despatches No Nr. 72 of 10th July 1888

no

Of

Inet:

nove

(True Popy)

um

Colorical Secretary.

I

:

į

406

h

!

no

Date

of

Desp. Despr

of,

+

Subject of Despatch

the

112. September 8. Reply 10-D expatch Nr. 69 of 25 pune, respecting

one "Henry Mr. Caller:

1413

///

145

146.

148

149

150

#

the

9 = Reporting transportation of 24 Chinese Convicts

"Singapore on the 11th

#

to

Que

August.

Subenitting for confirmation

Ne

of

Trick

Date

Desp. Desp

1856

Subject of Despatch.

Originals

151 October 7th Oh the Subject of Colonial office Circular of 8th July

152

#

#

tion Ordinance Wu15.

of

Evidence and

153

2

of 1856. "for amending the Law

"Trials by jury:

Submitting correspondence with the now. - official pustices of the Peace. on the subject of

Magisterial decisions tor

contrary to Law.

Certain

cou

Reporting appointment of Mr. J. Huffum Clerk to the Chief Justice, vice Trotter retired

as

On the subject of Remittances to the Colonical Agent in London,

10. Submitting amended Report and Estimate Nr. 16 of 1855, for the road from West bint to Aberdeen

Respecting the disputed lot (Mr. Harper's alluded

Despatch NR 125 of 29th July last

to in Governors Despatch 2

·

the

Iw reply to Despatch No, yo of 5th July, on subject of admiralty Instructions under the Chinese Passengers act, 1855-

wow

ионе

nove

154

155

156

154

158

#

کر گیا

کو گھر

#

#

reg. the caplains of ships of War

communications affecting Foreign Countries

th

Acknowledging Circular of 11" " July and stating that

no

Patent Laws exist in the Colony.

In reply to Despatch 12 75 07 16th July on the subject of

the Sovereign Treaty alluded to in Governor, despatch Mr. 43 of 15th March

A

sch cowledging receipt of despatch 1876 of 175 July

and

reporting addition of a Column in the Treasury Books

Juel.

uvue

мне

troue.

and Returns for Notes of the Oriental Bank Corporation nove.

Rcknowledging receipt of Despatch Nr. 70 of 21 July on the subject of the increpediency of permitting the Police to search Foreign Vessels without a Warrant frous the Magistrates

Acknowledging receipt of Despatch 112.84 of 38th July and reporting free hardon granted to see - Assow

-

With reference to despatch #1 : 145 of quo ultimo forwarding conclusion of the Correspondence with the Justice of the

the Peace

2 = Reporting recognition of Mr. L. J. Gertierrez as Vice Consul for pain pending receipt of Her Majesty's Exequatur

worce

troue.

може

:

J

:

no

no

Date

Drop.

of Desp.

159

160

انار

162

163

164

165

166

Subject of Despatch.

October 8th Reporting appointment of Mr. M. Quus as Vice-

ance in the place of Mr G. L.

Consul for Fran

Has hell resiqued

lek nowledging receipt of despatches to No. 89 of 1st August, 1856, 7

+

10. In reply to Despatele No. 81 of 25th July respecting

the will and property of the late Mr. John Burd of Copenhag

#7

#

#

tt

Transmitting Letter from the justices of the Peace to the address of the Secretary of Mate dated 14 october and copy of proceedings of the beecutive bonne il hold on the 38th September 1886 ·

95

the Laws of Hongthong, Part I.

Hausmitting 12 more

copies of the laws of For

Wr

11. With references to Despatch W. 44 of 26th March, on the subjust

of

the establishment of a mint in the Colony.

15. Reporting that the two Military convicts in Gaol

#

will be transported home in H. M. J. Winchester

#

of

Inel.

wove

Thansmitting letter from Mr.A. R. Hudson to the Secretary of State complaining of the confiscation his property under Ordinance Us of 1886.

of.

nove

were

2.

n of

Date

of

Das p.

Desp

Subject of Despatch

407

he

of

Incl.

167 October 13th Transmitting Copy of letter from the Government

168

169

171.

#

tt

of

India deciding against the continuance of transportation of convicts from Hougtong

to the

Straits Settlements and requesting

requesting instruction

on the subject.

Submitting Report and Estion sto 1810 of

o

1856 for

a new Boat House for the Harbour

Master and Police

or arrears

14= Thansmitting application from Mr alevander,

Registrar of the Supreme bout for of Pay.

Transmitting Copy of the attorney General's

on another cave decided by the Bench of Magistrater against Ordinance 1% 8 of 1856

15th. In reference to Despatch Nr. 166 of 15th. Justant

on the subject of the last inclosure in Mr. Hudson's letter.

Mount

Colonial Secretary.

2

2

!

}

2171. fuccutive.

Ansed 22. Geef86-146

Апара

eth

Joo 11054

ا لا نازل

h

1050 công trong sự

DEC. 9

1856

Government offices, Victrix Show Kowe 15th Lotter, 1850.

Kong

reference to un deepatek

P168 Mitel 13 Instant,

d 135Instanć, nu attention

has been called to the last inclrame

in Mr Andeon's Letter in which his Solicitor Mr Sarrant gives a parbled

and inaccurate account

what

parsed at his interview with me.

When Mr Tarrant tolic

Luc

his visit was to rotain

the object of his visit

The Juight, Honnable

Henry Labonchere, M.,

:

{

4/2

A

I

from

me as

borema

in au

arbitrary

luandate to stop the coure putice Jansivered that

as a

The must be well aware

Lawyer he

that such interfuence would be

improper

on my

on

my

part – and

asked him what answer he

suppored a Secretary of state would give to a Solicitor who applied ofor the intervention of the Supreme биргеть Authorite to arrest the ordinary ration of the Law. He must make his appeal to the Tribunal anointed to judge his case - He admitted distinctly that the buildings proceeded against were not in conformity with the

409

Buildings Ordinance - I said to him that his course was

-

irregular in secking direct Communication with me and he replied he knew the Law must be theyed - and I answered that of the Roinance in questio

other Law

tur tverc

deemed

stim n any

Apressive

any representation on the subject would meet with due consideration

I have the honor tobe, With the highest respect,

Fir

Your most Medient

Humble Servant.

Whn Burns

F

!!!

«N.172.

Gov 9336/55 5036/56

L

Auswered. 17 and 18%.

9222

Sir,

11465-Hon

REGISTERT

DEC 22 1356

trong

410

Government Offices, Victoria, Hongkong, 16th October 1853.

June 1857

ect of an alteration

As the subject of an

in the construction of the legislative

Council is now

agitated in the

Colony, I venture to ask permission

to

on

the

give publicity to the correspondence which has taken place subject, which I am unwilling to do without

sanction.

your previous

The Right Hourable

Henry Labouchere, M. P.,

ہو

&c.

Ac.

1

Governor bir Him Browning,

15th better, 1853.

Victoria, Souphong,

The Rt. Honth" "Henry Fabrichen MP.

Pescivid

in M. Audion's letter, subject of the last inclosure

A165 57135 Mutant on the

On reference to Despatch

رو

See 11054 H Hany

HM $12

присту пр

A

+

}

I have the honor tobe

With the highest respect,

Sor

Mour most obedient

Stumble Sewant

The Barring

22

Men Meniale

The despatch 9222 bas mest been answered

In this reason stated on

Menuite

der Placherves

of

~

11465. Harry Harry.

1

So John Bonning

NOTE 2

•NUTE

امون

26

4th Sandlis Malliot

0836 DECR

hi

до

Mariale 30

VEJ Ball

31

L

boucher

Copy for sy

}

Enbric

411

Dan 157

June 1857 =

Shave to acknowl, dye

the

remisch of your Despitet

2172. of the 16 of beton 2 to acquaint you

види

Isee I see a

that

objection to your

giving publicity to the

corespondence which bas

Ansed & Maresjoy when place

457

40183

lakers

on the subject

of an alteration in the

Construction of the

Lies lilive

Conneil of Hony Hory-

Share

Ist not be dispred crefore fixmission

Mr Nadhani. Labouchere

though in such a place

A

ordinary reasoni

trong tương

do nuk

MJ 23D-

EMAIL

apply

Give herepen

This

، ކ

subject gon

a Good dial attended t

would ask yo

h comider

Whether you see any djcation to this

agnest bring panks

Lan

просома

чие ист

1

}

i

ה.

:

411A

NDES

.

đang

Kong:

1856.

Vol 50

412

Aug

to Oct

:

Gor Sir I. Bouring

1 Aug (28 Provision for a Pailors

Home.- urges importance

"

of providing such an Institution, and

astes

information as to the construction and Constitution of sch Establishments in England. -

129 Differences between Captain

Cooper and the Police Magistrates. The corresponde which Capt Cooper is about forwarding to see of state has been laid before the Exer. Coil.

130 Acknowledges Despatcher-

√31

Members

Lists of -

B

Councils-Torrids

for Half year to 30th June.

132 Council Minutes - Do

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INDEX.

for

4,

HI

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1856

1 Aug 132

Goor Bouring

413

N

for Half Year to 30th June. 135 Ordinance 14/56 Fees & Costs submits for Confirmation

1344 Capt. Cowpers Remarks on

Capt Dunlops Absence from Executive Council.

Explains reasons for not appointing Capston Dunlop to

the Council.

5 155 The Bowring Praya. 8 155_The_kouring

Forwards Plan of the Bowring Praya, as furnished by the Surveyor Cuneral.

112

136 Conduct of Mr Keenan. Forwards

Letter from Chief hustice to Secretary of State on the subject of Prosecution for Rescue against Mr Reenen

137 Mr Ansteys Complaint

of Communication to Colonial hearpaper of discussions of Législation Council

Schedule of Despatches vin

Marsiller.

Ordinance

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25

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Goor Bowring 11

13 aug 138 Ordinance No/4/56.

3

Court Fees and Costs, Fomarde

a protest against this Act

from Mor Parsons. with mem

thereon.

8 sep 138 Liability of Governor to

11

give evidence before

Supreme Court Encloses

Correspondence with Manstey

on the subject.

asks.

Opinion of British Law Officer

140 Despatches to Secretary of

State - Fonwards Pchedule of, for Haff. Year to 30th June 1560.

141 Acknowledges Desps to 10 July

1856.

×42 Henry Me Callen. Forwards

information respecting him 143 Chinese Convicts_ Reports

the Transportation of 24 Chinese Convicts to singapore on 11th Aug 1856. on bourd the "Speedy".

144 Ordinance 15 /56. Law

of Evidence & Trine by Jury.

Encloses

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415

Encloses for confirmation.

145 Magisterial Decisions. Enclos

Copies of Correspondence with non official Justices on the subject of certain Magisterial:

Décisions contrary to Law.

148 Appointment of Mr F. Huffum

as Clerk to Chief Justia Reports, vice Mr Potter, resigned

147 Remittances to Colonial Agent Arks whether remittances may not be made by Bills of Exchange instead of through the Commiss &

10 48 Roads from West Point to

Aberdeen. Submits amended Report and Estimate for repair and enlargement of this Road 149 Land Sales, Mr Harper

disputed Lat. asks décision

a Case submitted respecting the Right of Govt to sell a portion of Land adjoining

Land held by Mr Harper..

150 Admiralty Instructions under

Chinese Papenger Act

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1838

Cont 10 Sep 158

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Gov" Bowring $15

416

Acknowlediges receipt of, and oraus attention to want of provision against evasion of the Act by a Vessel of us nationality.

Schedule of Despatches via

Marseilles.

70cc 157 Communications with Captain,

of Ships of War. - Will

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attend to instructions.

152 Patent Laws. Reports that

none vist in the Colony.

153 Treaty with China . Explains

that the Treaty alluded to in formen Despatch is the Treaty of Peace

Chinese Emigration to Australia

and

154 Addition of a Column in Treasury Books. Returns for Notes

Oriental Bank. Has given the necessary Instructions to the Treasury Commission.

155 Searching Foreign

Ships

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Jout 155

GovTM Bouring

Ships by Police. Acks

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417

Despatch 78, 21 July, on the

subject.

156 Lee Assow. – Reports grant of

a Free Pardon to this man.

-n 157 Correspondence with Justices

of the Peace. respecting decision Contrary to Law. Encloses

8

conclusion of the Correspondence with the Justices of the Peace.

L. Gatüerez

5 158 Recognition of Mrs. 9. Gatinez

as Spanish Vice Consul. Notifies, pending reciept of Exequatur, which is about. being applied for

9

159 Appointment of Mr. Dans

as French Vice Consul.

Announces, vice M Haskell

resigned .

168 Acknowledges Despatchers to

jot August 1866.

10 161 Property of the Late Mr. J. Burd Forwards information concit.

162 Letter from Justices

of the

Peace

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10 Oct 162

Gov" Bouring

7 413

Peace to Secretary of State

Encloses letter to sec. of Hate

complaining of the Power apsumed by the Governor 163 Laws of Hong Kong.

Forwards 12 more Copies of Part 1.

164 Establishment of a Mint Encloses copy of an answer

to an application to the Calcutta authorities for information.

13 165 Military Convicts pur

Winchester” Reports having sent home 2 Military Convict by the Froop Ship Winchester 166 Mrr Hudsons Complaint of

Confiscation of his Property under Ordinance $156. Forwards letter from Wr.a. R. Hudson to the secretary of State.

Transportation of Convicts

to Straits Settlements Encloses letter from Groot of India - deciding

against

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Gov" Bouring 419

END

against the continuance of such transportation.

108 New Boat House for

Harbor Master and Police submits Report & Estimate

14 169 Application of Mr Alexander

Registrar of Supreme Court

for Arrears of Pay. Transiste Requests instractions on the subjek

×70 Attorney Gen 2 Report on Case

decided by Magistrates agot Ordinance 8/56. Transmits .

15 x7 Confiscation of Mr Hudsons

Property under Ordinance 8/56- Repors to previous Despatch.

16 872 Proposed Alteration and

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Construction of Legislative Council. asks permission to pablish the correspondence

the subject. –

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Schedule of Despatches

pia Marseilles.

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