5 May, 1857
Present:
His Excellency The Governor,
The Honorable The Lieutenant Governor,
The Honorable The Acting Colonial Secretary,
The Honorable The Attorney General,
The Honorable J. F. Edger, Esquire,
The Honorable J. Jardine, Esquire.
The Council met today by special summons.
The Minutes of the last Council were read and approved.
The Registration Ordinance as revised in Committee, was laid on the Table.
The Attorney General moved that the words "and the costs of such certiorari and "Proceedings shall be paid to or by the Crown, according to the event thereof," be added to clause 43. This motion was put to the vote, and carried by the Majority of the Council, Mr. Jardine alone dissenting.
His Excellency The Governor stated that after much hesitation he had determined to propose that the Registration Ordinance now before the Legislative Council should pass, as he thought it desirable to give it the effect of Law considering the great attention the Council had devoted to the subject, and the opinions of those best acquainted with the circumstances of the colony that it will prove a beneficial measure. He was therefore willing to allow it a trial, but desired that the expression of his willing was should be associated with that of considerable doubt as to the possibility of giving satisfactory effect to many of its provisions.
His Excellency then proposed that the Ordinance before the Council do pass.
Ayes
Mr. Jardine,
Mr. Edger,
The Attorney General,
The Lieutenant Governor.
The Acting Colonial Secretary declining to vote, and putting in the following minute.
"Minute on Registration Ordinance."
"I have declined voting either in the affirmative or negative on the question whether the Ordinance do pass and I deem it necessary to make my reasons for so doing a matter of record. I cannot sanction by my vote an Ordinance which so far as regards the registration of Chinese appears to me on the face of it to carry its own death warrant as a practical measure from insisting on too much. I believe the carrying out of so much of Section VII as compels every inmate of any house or certificated or licensed boat or vessel to procure a ticket from the Registrar General, of Section VIII; of so much of Section XI as compels every occupier to report every arrival and departure of inmates within his house to the proper Chinese officer, to be in practice impossible and that it is an unwise step for any government to evince a wish by its enactments to legislate with great vigour and at the same time to confess its weakness by suffering such enactments So remain unenforced. "On the other hand I do not feel myself justified in opposing by my vote an Ordinance so very replete with useful enactments as this one is, apart from the question of registration, and as the responsibility of Legislation here rests with the Governor and not with the Legislative Council, it is perhaps of no great importance in what manner the vote of any individual member of the Council be given."
(Signed) "W. T. Bridges"
"Acting Colonial Secretary M.L.C"
The Ordinance was passed. It bore the following title: "An "Ordinance for Registration and Regulation of the Chinese People, and for the Population Census, and for other purposes of Police," being No. 6 of 1857.
It was ordered that this Ordinance be published in the next Government Gazette for general information.
The Council then adjourned sine die.
(Signed) John Bowring,
Governor.
Read and approved,
this 15 day of May, 1857.
(Signed) L. d'Almada e Castro,
Clerk of Councils.