Minutes read in the Legislative Council of Hongkong assisting the Superintendent of Trade
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24th January 1844
Present His Excellency the Governor
The Honble Major General D'Aguilar
The Honble Major Caine
Read minute by His Excellency the Governor
Victoria January 24th 1844
I beg to bring forward a most important ordinance which I think ought to be passed without delay as the former order in Council on the matters contained in it have been rescinded.
The only doubt I have is with regard to the 4th Clause providing for the Portuguese Settlement of Macao being deemed and taken to be within the dominions of the Emperor of China.
The measures which I have adopted to have this question arranged and defined between the Governments of England and Portugal I have already laid before my Colleagues in Council and I should be disposed to await the result of the reference that has been made to Her Majesty's Government but it is obvious that the Ordinance which we are now considering will be eminently defective without the clause to which I allude and further that its omission will be on our part an admission of the Sovereignty of Macao being vested in the Government of Portugal whilst all facts that have come to my knowledge lead me to pronounce to the contrary.
On the whole then I beg to propose that the Ordinance shall pass as it is drafted that it shall be communicated for the information of His Excellency the Governor and Senate of Macao and that they be informed that the 4th Clause will not be acted on unless in cases of British Subjects committing crimes in other parts of China and flying for refuge to Macao until Instructions regarding it shall be received from her Majesty's Ministers
(signed) Henry Pottinger