The draft Ordinance was gazetted in the Gazette of the 12th December, 1874, under the following title :-
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"An Ordinance enacted by the Governor of Hongkong with the advice of the "Legislative Council thereof, dividing the City of Victoria into Districts and for the "better registration of Householders, Chinese Traders and Servants in the Colony of
Hongkong."
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Sections XXII to XXVII inclusive deal with the registration of partners.
For a copy of the draft Ordinance see Appendix C. *
In December, 1874, Mr. Hayllar, a barrister practising in the Colony, wrote a letter to the Colonial Secretary in which he criticises unfavourably the draft Ordinance. (Appendix D.) This letter was published in the press, and on the 14th January, 1875, a leader on the subject appeared in the Daily Press. (Appendix D.)
At the end of December, 1874, a further Petition was presented by the Chinese, but the objections raised in it to the draft Ordinance refer to the clauses dealing with the registration of householders. (Appendix E.)
The Registrar General in reporting on that Petition remarked that fifty-five lead- ing Chinese merchants, acting on behalf of their countrymen, presented the Petition, and after referring to their objections to the householders' registration he states that "not only the Petitioners but all the Chinese whom I have had the opportunity of consulting about the registration of partners are unanimous in their desire that "the Bill in that respect should become law."
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The Petition (Appendix E.) was sent to the Attorney General (Mr. Brainston) who in his minute says "that he does not anticipate the mischief which has been foretold; "that it will not effect any great changes in the law that the Petitioners are fully "aware that by English law each partner is responsible for the debts of the firm. The object of the measure is to ascertain for the benefit of their customers the names of the individuals who are trading in the Colony under the style of impersonal hongs."
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In 1875, the Colonial Secretary, who was then administering the Government, Mr. Gardiner Austin, wrote a memorandum giving his reasons why the Government did not propose to procced further with legislation on the subject.
I have not been able to obtain a copy of this memorandum. It was sent to the Chamber of Commerce by the Acting Colonial Secretary on the 5th October, 1878, but the Secretary of the Chamber (Mr. Wilcox) informs me that he is unable to find any trace of it though he has been good enough to institute a search.
Mr. Russell, however, in his letter of the 7th September, 1892, (Appendix M.) gives a resumé of the grounds on which Mr. Gardiner Austin declined to submit the draft Ordinance to the consideration of the Legislative Council.
The grounds of objection are as follows:-
1.--Because it was doubtful whether the measure would carry out the objects arrived at.
2. Because Mr. Austin considered the capitalists lived out of the Colony, and that to follow them or their property was impracticable.
3. Because he considered it would be legislating for a few whose aim is virtually the destruction of competition.
4.The exceptional registration of Chinese merchants would be unjust.
5.-Any such espionage would have the effect of checking those combinations amongst the Chinese residing at Canton, Amoy, and elsewhere which are calculated to stimulate and strengthen their trade at Hongkong.
*Not printed; see Government Notification No. 199, 11th December, 1874.