215
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2. In the absence of further and more convincing arguments than those at present before me, I am not prepared to sanction the abandonment of the proposed Ordinance; and I should be glad, if possible, to ascertain the views of some of the leading Chinese in the Colony and of the PO LEUNG KUK in regard to the Bill.
3. The draft Ordinance embodies the suggestions made by Mr. RUSSELL in his Report of 18th July, 1883, (pp. 8 and 9), which were apparently not opposed by the leading Chinese, and were supported by yourself and your Executive Council (as reported in your despatch, No. 189, of 13th August, 1883), and were approved by my predecessor. I am not in possession of any information, which would lead me to suppose that circumstances have altered since 1883, so as to render an Ordi- nance of this kind less necessary or less desirable.
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4. The general objection that the Ordinance will put arbitrary powers in the hands of the Registrar General is a serious one; but it may probably be met by making some amendments in the draft.
5. Taking the specific objections which the Attorney General raises in order:
(1.) "There is no definition of what should constitute reasonable grounds
of suspicion."
It would not be impossible to formulate some sort of definition, and before proceeding with the Bill perhaps you will call upon the Attorney General to draw up such a definition, to be embodied in Section 1.
(2.) "I think the provision confers too much arbitrary power to be.
exercised without the safeguard of publicity by the Registrar General." I would suggest for your consideration that the re- quired safeguard might perhaps be obtained by providing in the Ordinance some means for adopting the proposal made by Mr. RUSSELL in the Report, above referred to, that certain members of the Chinese Society for the Protection of Women and Children should be associated with the Registrar General as a Consulting Committee.
(3.) "It does not say what shall be done with the person or the child if the security is not forthcoming, and indeed it is difficult to see what could be done in such case.'
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But it appears to me that in that case the child could be taken away from the person, with whom she is living, under the provi- sions of Section 3.
"
(4.) In regard to the objection that this section 3 involves too great
interference "with the domestic affairs of the Chinese population,' I am of opinion that this might be met by the association with the Registrar General of some members of the Chinese Society for the Protection of Women and Children, as above suggested.. Such Association would at the same time solve the difficulty as to "what is to be done with a child who has been set free under the provisions of this section," for the rules of the Society expressly provide for the care and disposition of such children.
6. With regard to the Attorney General's objection to the provisions of Section 4, I am not of opinion that it is of sufficient weight to prevent this section being enacted as part of the Bill.
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7. Evils of the kind dealt with in this draft Ordinance should, in my opinion, be opposed by giving strong powers to the Executive; and the abuse of such powers may be prevented by giving the greatest possible publicity to what is done. The desired publicity would to some extent be obtained by associating the Chinese Committee with the Registrar General; and the latter might also be required to make periodical reports to the Governor of all action taken under the Ordinance, which reports might, if thought desirable, be published.
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Governor Sir G. F. BOWEN, G.C.M.G.,
&c,
Ha..
&c.
I have, &c.,
(Signed)
FRED. STANLEY.