THE HONGKONG GOVERNMENT GAZETTE, 2xd JUNE, 1866.
231
His Excellency would suggest that the experience thus gained might be a valuable guide to the Magistrates, and he is iced that timely severity would prove the best policy for preventing the hours of business in the Court being occupied ence caves. The Chinese are shrewd enough to perceive when it is really their personal interest to save their money Sir liberty by obeying the Law in the first instance.
His Excellency thinks morcover it is a great mistake of a Magistrate to decline putting the existing Law in force, because thinks, whether rightly or wrongly, that its provisions are either harsh or impolitic. He is not responsible for those isions, and he is sworn to administer them.
He has ready access to the Executive and can at all times suggest alterations, where his experience leads him to see way to improvement. Meantime, however, if he has no doubt of the facts submitted, His Excellency thinks he ought not Ascharge those guilty of infringing the Law.
It is a policy, which defeats its own object, and His Excellency thinks it also wrong in principle.
In these questions of Nuisances the Public have a heavy interest at stake in this climate. His Excellency hopes soon to
ve the Law, but certainly it will not be in the direction of rendering it less severe.--I have, &c.,
(Signed)
W. T. MERCER, Colonial Secretary.
↑ C. WHYTE, and CECIL C. SMITH, Esquires,
gr.,
ge.
12.23.
MAGISTRACY, HONGKONG, 25th May, 1866.
Sia,--We have the honor to acknowledge the receipt of your letter No. 306 of the 19th instant, in which you inform us at the publication of the evidence appended to the Report of the Commissioners was the result of an oversight. We regret wever to find that there is nothing in your communication from which we can infer that it is the intention of His Excellency Governor to comply with the request contained in our letter of the 17th instant, and give publicity to our denial of the ath of the statements made by Inspector Ellis. We therefore feel constrained to address you again on this subject, and , most respectfully, to solicit from His Excellency further consideration of our request. In our letter to you of the 17th stant, we not merely gave a positive denial to the charges made against us, but forwarded a Return with which His vvellency has been pleased to express his satisfaction-which shewed that the allegations of Mr. Ellis were unfounded. fador these cirenmstances we ventured to hope that the Governor would, in justice to us, have published our letter, and we mw beg to lay before him briefly the reasons which induce us again to urge our former request. The charges are of a serious haracter, and from the mode of their publication have apparently received the sanction of the Government; if unnoticed they cannot but be supposed to be true, and will naturally have the result of seriously impairing the consideration due to the Office we hold in the Colony; while we are unable to take any steps publicly to justify ourselves. Moreover, our prospects are able to be injuriously affected; we cannot reasonably hope for promotion in the service, if charges of the nature made gainst us by Tuspector Ellis are forwarded to the Home Authorities, and our denial of them be not also transmitted. On grounds we venture to appeal to the Governor, trusting that he will not refuse us the means of vindicating our character. It will always be a source of gratification to us to merit the approval of His Excellency, and any suggestions made by him will ever be koseived by us with the deference due to them: in dealing however with the cases which are brought before as we deem it our duty to endeavour conscientiously to exercise the discretion with which we are invested.
rese
It is not our intention to make any imputations against Mr. Ellis; but you, Sir, know sufficient of his character and antecedents, to enter into our feelings of finding that so much weight is attached by the Governor to unsupported charges made against us by him; and the statements of his experience put forward as a valuable guide to the Magistrates.We have, &c.,
JOHN C. WHYTE, Police Magistrates. CECIL C. SMITH,
(Signed) (»)
The Honorable W. T. MERCER,
No. 317.
Colonial Secretary.
COLONIAL SECRETARY'S OFFICE, HONGKONG, 26th May, 1866.
GENTLEMEN, have the honor to acknowledge your letter of yesterday in reply to mine, No. 306 of the 19th instant, and to state that His Excellency the Governor will publish the Correspondence that has resulted from the publication of the Sanitary Commission Report and Evidence.
At the same time I ain directed to point out that my letter of the 19th gave no intimation of SIR RICHARD MACDONNELL'S atisfaction at the Returns forwarded by you, except as evidencing recently an increased disposition to apply the Law; is at all obvious that those Returns completely refute Mr. Ellis' views.--I have, &c.,
4. C. WHYTE, and CECIL C. SMITH, Esquires,
(Signed) W. T. MERCER,
Colonial Secretary.
nor
SC., $o., Sc.
No. 85.
GOVERNMENT NOTIFICATION.
At the request of His Excelleney Vice-Admiral KING, C.B., Naval Commander-in-Chief, the lowing Hydrographic Notice is published for the information of Mariners, and others whom it may
neers.
By Order,
W. T. MERCER, Colonial Secretary.
Colonial Secretary's Office, Hongkong, 29th May, 1866.
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