20.129
5
Co 129
58
T
:
7
.2
川
AD
Co129
không trong
1856 Val: 5
August to
in
to October
}
1
Goown hi 1. Bowring
A. 1284 172
}
!
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.
ऋ
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
こ
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.
人
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
:
?
ᅥ
*
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
다
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
の
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.
壮
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་
ཧ
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
न
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
こ
に
Friplic
+
Enese gay long đóng
CR132.
Miscellaneous
ло
No2.
Sir,
12
REG
AVED
OUT:1 1856
17
Goremment Offices, Victorin
次
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
し
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
る
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.
N°
Swish
31
Wide Dess from
れ
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
ᅡ
!
!
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
た
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
ク
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
一
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
出
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_
心
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
อ
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.
い
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
时
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.
ス
:
}
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.
し
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
:
ᅡ
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.)
ノ
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
:
บ
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
咙
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
魔
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
ミ
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
で
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
し
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
ノ
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
ジ
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?
닭
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
ก
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
久
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
み
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-
क
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
୮
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.
ช
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.
备
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
어
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
ん
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
ན
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-
{
.
!
나
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
ค
ичуть
Clerk or Foercer of Works, Mr Scott,
the one in the ense
斥
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.
น
(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
น
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
斤
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
す
:
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,
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
:
노
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
;
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!
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
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ازید
>
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
า
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,
ต
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,
ツ
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
:
¡
}
:
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
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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
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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
:
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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
し
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
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1
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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
بہتر
89/if
01 Ws
богинь
Bur
Mer Mevivall
Foreign office for apfernal. LFC.
No.
4.
He.
:
from
hom the
the Priory.
Mr. Duis holds alreader
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.
L
Mer Mericle.
W
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.
ह
Tablou elet
1
Men Memale
See
11045
سور
Reng.
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Souther
ansun is
иднийд
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in indicat in
Love
minute on 11045?
ol erupt
M. 16
I have the hown to be With the highest respect,
Sir,
Your Mint Obedient
Arnuble Sewant,
ぐ
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
}
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
ነ
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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;
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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
교
¡
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
국
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
む
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
グ
#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)
も
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
ட
With the highest respect,
Sir,
Your most Bedient Humble Sewant,
ThuBenning
J
1
J
•
New Memall
War Department?
LF
FBlee
вис
Am D
9
진
'ƒym m
#1
M
m
372་
· nnujany /
99/if
སུ!?1
manią
muy my
꼈
그
mus
• 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
ᅡ
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
斤
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
६
!
1
メ
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
呀
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
어
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.
小
Ac..
ऋ
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
す
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
เ
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
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:
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
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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
世
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.
ま
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
ว
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
ま
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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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
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1
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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
么
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 .
る
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
:
+
バ
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
詠
CHUO
爲票傳被告赴案質訊事
年
月
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
午
月
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
ノ
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
し
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
ད
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
:
卞
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
こ
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,
會
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-
apply
Give herepen
This
، ކ
subject gon
a Good dial attended t
મ
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
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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-
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Members
Lists of -
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Councils-Torrids
for Half year to 30th June.
132 Council Minutes - Do
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1856
1 Aug 132
Goor Bouring
413
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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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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
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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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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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