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2. The paper relates to the registration of Chinese partners, a subject which had been previously under the consideration of the Colonial Government, at the request of the Chinese Community in the first instance and subsequently at the suggestion of the Chamber of Commerce.
3. It will be observed that the Petition commences with a number of well-known names whose posi- tion as leading Chinese entitles them to speak on behalf of the trading community-and that they narrate very succinctly the evils arising from a want of registration of partners-while they submit eight equally succinct propositions for legislative sanction which would, in their opinion, meet the mischief of which they complain.
4. The document has appended to it 68 equally well-known names, while it is also “ chopped" by 104 hongs, firms or shops, and it may be truly taken as the expression of opinion of the Chinese traders in the Colony.
5. The want of a system of registration was pointed out by a large number of merchants in 1874, and the directors of the Tung Wa Hospital Committee and a number of other merchants drew up a document, a translation of which was forwarded from this department by Mr. C. C. Smith in his letter No. 75 of the 28th August, 1874. That document is C.S.O. 2538.
6. Mr. C. C. Smith, in covering the statement of the directors which indeed is identical in many respects with the paper now submitted, pointed out to Governor Sir A. E. Kennedy that what Petitioners really wanted was that in case of bankruptcy each partner should only be held responsible for the debts of the concern proportionate to the interest he had in it" that such was the practice at Canton, and the absence of such a practice prevents many traders from coming into this Colony."
7. This representation from the Chinese community was referred to Mr. Bramston, then Attorney General, in the following minute :--"Send to the Attorney General for his consideration, I have had this matter brought to my notice on several occasions, and I think some legal remedy is obviously needed.
(Signed) A. E. KENNEDY,
August 30th, 1874.”
Mr. Bramston minuted that document by saying: "the draft Ordinance is in print”—and a reference to the Government Gazette of 1874 will shew the draft of an Ordinance dealing with the subject under the title of "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 "and Chinese Traders and Servants in the Colony of Hongkong."
8. The subject of the Registration of Chinese Shops, &c., is dealt with by sections XXII to XXVII inclusive, and with certain modifications, which I would suggest later on, these proposed sections, if passed into law, would meet the wants of the Chinese community.
9. Cognate to this subject there is also a correspondence with the Government on the question of responsibility of partners in Chinese firms when stamps are used with or without signature of a partner, and I think it is worth referring to for a reason that will bye-and-bye appear, see C.S.O. 2568 of 1874 with Mr. Bramston's opinion.
10. After the publication of the draft Ordinance a printed letter was addressed by Mr. T. C. Hayllar to the Colonial Secretary criticising adversely the proposed legislation, and pointing out what he considered serious objections.
And after a careful perusal of Mr. Hayllar's pamphlet I think that he has set out objections which are weighty but not insurmountable. However, in the consideration of this question, Mr. Hayllar's pam- phlet should be carefully studied.
11. I find that in the end of December, 1874, the Chinese drew up a further petition making observa- tions on the proposed Ordinance, but chiefly objecting to certain provisions for the registration of house- holders.
The Registrar General in reporting on that Petition stated that 55 leading Chinese merchants acting on behalf of their countrymen brought the Petition and after referring to their objections on the house- holder's registration states that "not only the Petitioners but all the Chinese whom I have had the opportu- nity of consulting about the registration of partners are unanimous in their desire that the Bill in that (C respect should become law." C.S.O. 194 of 1875.
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12. This document was also sent to Mr. Bramston, Attorney General, who in his minute refers ob- viously to Mr. Hayllar's pamphlet when he says that "he does not anticipate the mischief which has been "foretold; that it will not effect any great changes in the law; and 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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