Council, on the antlerstanding always that the Legislative Council | ticipate, at least in so far as to aid in the selection of such British should stand on a broader basis, and that its aptitude for useful | Subjects as are to hold Non-official seats in the Legislative Council. Legislation should be increased by the introduction of a certain number of popular elected members.
17. The machinery for enforcing the arrangement that three out of five Non-official Members should be selected from the Magistracy, might be simply that the suffrages of any voter who polled for more than two pon-magistrates should be ipso facto disallowed. Voters might be required to give in a written list of five members for whom they desired to poll, and the paper might then and there be rejected by the poll clerk if it contained more than two non-magisterial names.
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9. I do not know in what respect the experiment made by Sir George Bonham, six years ago, can be said "to have entirely failed," nor am I acquainted with the prediction which anticipated that failure. My experience is, as the President of the Legislative Council, (of which the Colonial Secretary is not a member; and cannot therefore be so well informed as I am with regard to its workings,) that the Non-official Members are eminently useful to the Council, from the knowledge of the colony which they possess and communicate, that the attendance of one of the two members: (Mr Edger) is constant; and if that of the other (Mr Jardine) has
19. With reference to the proposal of the Colonial Secretary, for been less so, it is, as I have been assured by himself, attributable to the
act, that the business submitted to the Legislative Council was the appointment ofin. Colonial Surgeon, I think a salary of £800 of a character sufficiently interesting or important to justify would be a sufficient remuneration, and that to his duties might be the dedication of valuable time to attendance at the sittings of superadded the supervision and direction of measures connected Conncil. But Mr Jardine has, I believe, almost invariably been with the Public health, am not prepared without farther consi Whatever deration to advocate his having a seat in the Legislative Council, present when matters of gravity have been discussed. may be the merits or the defects of the present Non-official Members but I quite concur in the opinion that it would be desirable he of the Council, I think life-appointments altogether. undesirable, should be debarred from private practice, except in cases of extreme and that absolute independence of the control of the popular senti-urgency, which might certainly present themselves in this colony 20. Fenolose two Documents which may serve to clucidate the ment is quite incompatible with that responsibility for the discharge
18. As regards the 16th paragraph allowing the Governor to leave a vacancy unfilled, I think it, on consideration, better that no ['such discretion should be left to the Governor, but that on a va-
cancy occurring an election to supply it should take place.
of public duty which ought to be held over every member of a Le-inquiry into the proposed constituency of the colony. The first is gislative body. As a functionary, he ought to be deemed responsible a Memorandum of all the Tenements rated to the Police from £10 to his superordinates, as an efected member, to those who elected to £20-£20 to £30;—£30 to £10-£40 and upwards, and the him, in either and in both cases, to the tribunal of public | numbers under each head of British, Foreign, and Chinese renters exhibiting as a result-1,637 Chinese, 186 British, and 176 Foreign, opinion.
10, I do not therefore, by any means, consider that the introduc-rated at £10 and upwards. This is not an exact individual return, tion of two Non-official Members, who were selected by a small as there may be cases of the same individual comprehended under body of Magistrates from their own number, is to be defended solely two or more assessments, so that the whole number of persons on the ground that their presence in the Legislative Council is not assessed is somewhat less than the returns would seem to exhibit.
The second Memorandum shews' the Crown Reats under the “obstructive or prejudicial;" and I should think the introduction of a Third additional Member a mere idle and useless incumbrance, same division, the totals being, of payers of £10 and upwards,--Bri- tish 69, Chinese 42, Foreigners 80.-—I have the honour to be, utterly unworthy of the attention of the Government, if the reasons for the admission had no more cogency than that his presence would with the highest respect, Sir, your most obedient humble servant,
JOHN BOWRING.
do no harm.
11. As regards the exclusion of Foreigners from the Electoral body, I think such exclusion would be unpopular and unwise. Foreigners contribute their proportion to the expenses of the colony, and are called on to serve as Jurors, and in other public capacities. It would be a sufficient security, in my judgment, that the elected members of the Legislature should be natural born British Subjects, or have obtained letters of naturalization in England. Moreover, as the whole number of Non-official Members proposed is Five, of whom I suggested that Three should be chosen from the Justices of the Peace, and as the Official Members of the Council were iutend- ed to be Eight, with a casting vote to the Governor,—I confess I see go danger, whatever in my original proposition.
12. As regards the Chinese population, I should be glad to as- sociate them with the action of the Government. At Singapore they have been admitted into the Magistracy, and I know of no evil which has resulted from their admission, but on the contrary|| much good. There might be advantage if an educational test were associated with the exercise of the electoral right, and if Chinamen were encouraged to the study of our language, by its being made the means of access to social distinction.
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The Right Honourable
HENRY LABOUCHERE, M.P,
Inclosure 1,--Despatch 49.
MEMORANDUM ON THE RECONSTRUCTION OF THE COUNCILS OF THE COLONY.
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His Excellency having called on me for my opinion on the pro- posed reconstruction of the Councils of this Colony, I have to state
as follows:-
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In, I think, the month of February, last year, I drew up, at His Excellency's request, a plan with this object in view, which under- went revision and alteration by His Excellency, and was eventually submitted to the Secretary of State, in Despatch No. 110 of 24 August, 1855.
Before considering this in detail, I wish to observe that, although long desirous to see both Councils enlarged, I never recognized the expediency of admitting into them what may be familiarly termed "the popular element," to the extent contemplated by the plan under discussion ; and in drawing out that plan originally, I regard- od myself as acting under His Excellency's instructions and carry-
13. My opinion remains unchanged as to the desirableness of excluding public functionaries beyond that large proportion who would sit by virtue of office in the Legislative Council. Parlia-ing out his views. mentary experience at home, and I may add a far wider experience of the mischief growing out of the introduction of elected officials into Legislative bodics, confirm my conviction, that no person holding office should be eligible as one of the Five Non-official Members; nor do I think that subordinate officials-the superor- dinate being members by virtue of office-could, with any propriety or advantage, be called away from their public duties to take a part in Legislative discussions and controversies.
14. That in a population of 75,000, the whole number of Electors should be only 75, or practically only 45, being one in every 1,666 inhabitants, (as the Colonial Secretary proposes,) would appear to me the establishment of as "close a borough" and as narrow a suf- frage as ever afforded a grievance for popular discontent to deal with. The Justices of the Peace in the colony are 24 in number the Special Jury list consists of 34, the Common Jury list of 1,13, members; the number of individuals who are rated at a rental above £10, per annum is 650; above £30, it is 1,135; above £20, 1,566; and above £10, 1,999. I do not know in what respect a £10 suffrage would be objectionable, especially if guarded by the "Edu- cational test" which I have suggested.
45. As regards the revision of the Electoral Lists,--the Books of the Police Rate Surveyors (being officialized by the Executive Council) would be simple and sufficient evidence of right to vote as far as the payment of rates is concerned; and if the electoral right should emanate from being a Juror, the Hongkong Gazette would furnish the best evidence, as it registers the Jury Lists when they have been revised by the Legislative Council. The Electoral Lists might be made up by the Clerk of the Councils, with an appeal to the Chief Magistrate.
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In fact my notion was then, as it is now, in perfect unison with the following paragraph from Mr Secretary Labouchere's Despatch of 23d November last, calling for further information before final decision on the scheme proposed:" They (e. Her Majesty's Government) are not as yet prepared to assent to the opinion that such a change as you have suggested would at the present time conduce to the better government of the Island, or the increased contentment of its inhabitants."
By the Charter of the colony, the Governor, at his discretion, may act in full opposition to either Council; and this provision after all, reduces the Council to the position of a consultative not an ad- ministrative body.
A considerable amount of misapprehension, exists on this head, as also on the degree of control which the Legislative Council possesses over the Finances of the colony.
The Colonial Regulations (cap. X, 2, 8,) lay it down that the Council has a "species of immediate control over the Revenue raised in. the colouy by Taxes upon the inhabitants, and over its expenditure," but that such control "does not extend to funds arising from the property of the Crown."
At the present moment, therefore, the only portion of the Public Revenue with which the Legislative Council is concerned, is the Police Rate, which meets about, half the Police Expenses, the Crown Funds supplying the deficiency.
I have been particular in. drawing attention to this, as it is a powerful argument against the necessity of further opening the Le- gislative Council to the public.
The experiment made by Sir George Bonham six years ago, has, in my opinion, entirely failed, and justified my prediction at the
16. I can by no means admit the conclusion of the Colonial Se-time of its proposal." cretary, that the large and preponderating number of Foreigners in this colony is a reason for excluding them from any voice in its Government. I believe the best security for their attachment and co-operation is to recognize and not to repodiate their claims to be considered as parts of the whole community in whose public daties they share, and in whose rights they may be safely allowed to par»
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And I say this without the most remote intention to impute re- missness or any other fault to the two honourable gentlemen un- official members of the Legislative Council; but the simple fact is, that they have their business as merchants to attend to, and the conduct of this is naturally of far more importance to them than the business of the Council, or the general interest of the colony.