290
No. 344.
Governor to Secretary of State.
GOVERNMENT HOUSE,
HONGKONG, 21st December, 1892.
MY LORD MARQUESS,
I have the honour to transmit for Your Lordship's consideration the enclosed protest by the Unofficial Members of the Legislative Council of Hongkong against the Appropriation Bill for 1893 as passed by the Council.
2. The Memorialists contend that the Bill, as passed, was not legally passed, inasmuch as the Official Members were incompetent to vote on a question in which they had a personal interest, viz., their own salaries, that consequently the official votes are ipso facto null and void, that if they be so reckoned, as they should be, it will be found that the reductions of salaries moved in each case were legally carried by a majority of the Council, and that the Bill has really been passed subject to those reductions, and that such should have been declared to be the case.
3. The contention, if sound, would obviously necessitate an alteration in the constitution of the Colony, for otherwise it would always be in the power of the Unofficial Members of Council to bring the Government to a deadlock by refus- ing to vote any salaries until any demand they might happen to have made had been conceded. But I imagine that the argument that Official Members are disqualified from voting for their own salaries is not sound; and even if it were, it is clear that the contention that the Bill has been legally passed subject to the stated reductions of the salaries is untenable. For as Your Lordship will see from the minutes of the proceedings, of which I enclose a copy, the items for each department were separately moved and carried; and even if the vote of the Official Member concerned in each case (e.g., the vote of the Colonial Secretary in the case of the item for the Colonial Secretary's department, the Treasurer's in the case of the Treasury, and so on) be counted as null and void, every item will neverthe- less be found to have been legally carried and passed and every amendment for reduction to have been legally rejected, by a majority of the Council.
4. As to the substantive merits of the motion for the reduction of salaries, I would beg leave respectfully to refer Your Lordship to my despatch No. 336 of 5th instant, with which I had the honour to forward the Bill.
5. I have now the honour to submit that the protest which I forward contains nothing to prevent Her Majesty's gracious confirmation and assent being given. to the Appropriation Bill for 1893.
I have the honour to be,
My Lord,
Your Lordship's most obedient,
humble servant,
The Right Honourable
THE MARQUESS OF RIPON,
Her Majesty's Principal Secretary of State
for the Colonies,
&c.,
&c.
WILLIAM ROBINSON,
Governor.