107
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No. 1900
HONGKONG.
PROTEST BY THE HONOURABLE T. H. WHITEHEAD AGAINST "THE SUMMON-
ING OF CHINESE ORDINANCE" (No. 40 OF 1899), AND THE
COLONIAL SECRETARY'S MEMORANDUM THEREON.
Laid before the Legislative Council by Command of His Excellency the Governor.
SIR,
LEGISLATIVE COUNCIL CHAMBER,
HONGKONG, 11th January, 1900.
I was unavoidably absent from the meetings of the Legislative Council on 21st and on 28th ultimo at which the Bill entitled "An Ordinance to provide for the summoning of Chinese before the Registrar General," No. 40 of 1899, (copy of which is sent herewith), was read a second and third time and passed. If I had been present I would have voted against the second as well as the third reading of the Bill, divided the Council on the question and if over-ruled, as I probably would have been, I should have lodged a formal protest against the decision of the Coun- cil, laid on the table a statement of reasons in support of my Protest (under Rule 32 of The Standing Rules and Orders of the Council), and required the Govern ment to forward that Protest for
your consideration.
2. On learning that the Billad been passed I wrote to His Excellency the Governor asking him not to put the Ordinance in force until your approval had been obtained, and I protested against the Ordinance as unconstitutional; but His Excellency refused to accede to my request, and the Ordinance is now in operation. I enclose copy of my notes dated 28th and 29th ultimo, and of His Excellency's replies.
3. Under the circumstances I deem it my duty to now give you a statement of my reasons for dissenting and my views on the subject of this Ordinance.
4. Sub-section (i.) of section 2 empowers the Governor at any time to direct the Registrar General to enquire into and report as to any matter which is con- nected with the New Territories, as defined by section 2 of Ordinance No. 12 of 1899, if such matter exclusively concerns persons of Chinese race whether British subjects or otherwise. Section 2 of Ordinance 12 of 1899 reads :—
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The expression new territories' as used in this Ordinance shall mean the "additional territories acquired by this Colony under the provisions of a Convention, dated the 9th day of June, 1898, between Her Majesty "Queen VICTORIA and His Imperial Majesty the Emperor of China for "the enlargement of the limits of this Colony."
5. Sub-section (ii) of section 2 gives the Registrar General unlimited power to summon before him any Chinese (whether a British subject or otherwise) who appears to him to be able to give information regarding any matter connected with the New Territories on which the Governor thinks fit to direct an enquiry, civil or criminal.
The Right Honourable JOSEPH CHAMBERLAIN, M.P.,
Secretary of State for the Colonies.