D
F
4
f
11
n
OCTOBER 9, 1858.]
The Hongkong Government Gazette.
73
The Minutes of the Council held on the 12th July, were read and approved. The Governor announced, that he had appointed, pending reference to Her Majesty, Frederick William Green, Esquire, the Acting Attorney General, to be a Provisional Member of the Legislative Council; and that Officer being in attendance, was sworn in and took his Seat at the Board accordingly.
The Governor put the Question, that the words," But that the Privileges of Council shall not protect any Member "in the utterance of Slanderous or Libellous matter affecting the private character of Individuals,”—be added to Rule XVI of the Standing Orders and Rules for the Legislative Council.
Whereupon Debate ensuing,-
A Minute of Protest from the Attorney General, as sent in to the Clerk of Councils, on the 2d August last, and
since entered in the Order Book, was laid on the Table and read.
It was as follows :—.
"Minute of Protest of Privilege.
•
My attention is drawn to a publication in the Hongkong Government Gazette of Saturday last, the 31st ultimo, of a Warrant of Commission bearing date the 20th May last, and having a List of Charges' appended. The publicatian is said to be 'by Order,' and 'for general information."
•
"The Commission states, that those charges embrace certain accusations,—recited in the preamble to have been “brought in the Legislative Council, and in official documents, by myself against the Registrar General,' and 'to necessitate an Inquiry:—and it directs certain Commissioners thereby appointed, to enquire into the same—and all Persons in the Public Service' are charged 'to be aiding and assisting unto them therein.' "I have also perused a Circular Letter under His Excellency's own hand, addressed on the 24th ultimo, to every Official Member of the Legislative Council, except myself:whereby, such Member is, in effect, required to answer in writing, whether or not certain words therein specified, and bearing directly on the subject matter of the said List of Charges' and Commission, were used by me in the Debates of the said Council, in May last, and by way of an 'intemperate attack upon the Registrar General."
1
"It appears that no enquiry whatever has been addressed to any of the non-official Members of Council on the
subject; and I can state that I havo received none.
•
C
---
"With the truth or falsehood of the recitals and averments in the said Commission, I do not mean to trouble this Honourable Council, beyond once more recording my emphatic denial, that the List of Charges,—by whom prepared I know not-does embrace the accusations made by me against the Registrar General;" contradiction which, from the 24th May last, the earliest opportunity I had for giving it, down to the present time, has been repeatedly officialised by me, and received without dissent or observation. "But, I do ask this Honourable Council to admit this my Protest against the above acts of the Government, as being a manifest, deliberate, and persevering violation of its Privileges, solemnly recognised by the Sixteenth of His Excellency's own Standing Orders and Rules for the Legislative Council of Hongkong,' which has been approved by Lord Stanley, the Secretary of State, and is as follows
4
"The Members of Council shall have freedom of speech, and shall not, at any time, be questioned by Government for any thing they
-have said therein.'
"I desire that this Protest may be recorded."
"Hongkong, 2d August, 1858.”
(Signed,)
"T. CHISHOLM ANSTEY, M.L.C.,
· H.M. Attorney General.”
t
d
Resolved, that the foregoing Protest be entered upon the Minutes.
The Governor then put the Question, that the words as above proposed be added to Rule XVI of the Ștanding
Orders.
Debate continued,
And the Council divided.—
Ayes (2).
e
12
www.
ACTING COLOnial SecretARY. LIEUTENANT-Governor.
Noes (6).
MR DENT.
It'
.0
Question put and negatived.
MR LYALL.
CHIEF MAGIstrate.
SURVEYOR GENERAL.
ACTING ATTORNEY General. CHIEF JUSTICE.
The Governor stated, that the Question will be submitted to the consideration of the Secretary of State,- Whereupon Mr Dent gave notice that he would send in a Minute on the subject, to accompany His Excellency's
Despatch.
Read a Communication, of the 2d August last, from the Attorney General to the Clerk of Councils, withdrawing the notice of motion, (which was also read,) on the subject of the Heangshan aggressions, which stood in his name for the next Meeting of the Council,- —as superfluous, consequent upon the issue of the Governor's Pro- clamation of the 31st July last, and other measures announced in His Excellency's Reply to a Public address on the previous day.
The Governor reported the suspension of Mr Anstey, and the resignation of Dr Bridges.
Read Reply, dated the 13th July last, from Mr Cooper Turner, to the Acting Colonial Secretary, stating “That he had not at any time, as a Member of the Hongkong Law Society, or otherwise, concurred in selecting Mr Parsons to address the Council; and that Mr Stace never informed him that he was deputed. That he pro- mised Mr Stace to go with him to the Council, and at the same time expressed a hope that Mr Parsons would not address the Council. Business, however, prevented his accompanying Mr Stace."-That "he expected Mr Parsons would address the Council, but certainly not on behalf of the Law Society."
Read Letter, of the 13th July last, from Mr Hazeland to the Acting Colonial Secretary, stating " That not being a Member of the Hongkong Law Society, he was perfectly unaware of Mr Parsons being deputed by that body to address the Legislative Council, until he was introduced to the Council for that purpose by Mr Stace,-
-never having been previously so informed by that gentleman or any one else; and for these reasons he (Mr Hazeland) was certainly not, at liberty to disavow what Mr Parsons said on behalf of the Law Society.That, in refer- ence to Mr Stace's Statement of his being deputed by Mr Turner to attend for him at the Council, he did represent Mr Turner to a certain extent, but that whether he had or had not attended, he (Mr Hazeland) should have done so, and that his presence was quite independent of the Law Society."