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I have now done to
yourself.
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woven by
VİNA OF AMIKOSNI sa obozanstera Ispalada
(Sigur) P. Chisholm Anstey, Attorney General,
True Copy
Colonial Secretary
The Editor of the "HONGKONG REGISTER."
HONGKONG, 4th August, 1856.
SIR,-Ordinance No. 14 of 1856 entitled an “Ordinance for Fees and Costs" merits, as I shall endeavour to show you, more than a passing notice, and if my remarks be made in the main more upon the spirit which framed it than upon the letter of the law, it is because, not belonging to the legal profession, I do not presume to enter upon details affecting that calling specially, and because, in this instance, I feel certain that public opinion in cordially welcoming some ingredient of cheapness imported into our legal proceedings will yet keenly scrutinise the animus under which such is introduced.
I cannot however help remarking that clause VIII seems to my mind to legislate for an imaginary opposition anticipated by the framer of the law, and for which it would have been time enough to provide upon the first appearance of symptoms of resistance on the part of the Bar; nor do the Attorneys seem to me likely to benefit by the exception thus formed in their favor, as I much doubt, whether in the case of the other Counsel refusing to accept the fees of the second Schedule of this Ordinance, the framer of that law would decline to take himself those fees which he considers ample for others. If other Counsel therefore are obstinate and strong-headed, we have still, thanks to the Attorney General, one reasonable member of the Bar to whom in our distress we can apply. If the non-official Triumvirate of the Hongkong bar be refractory, the Dictator is at hand, the theory of the Senate it is for him to prove in practice, and Rome will be saved by the timely intervention of its own Censor.
But if you look to clause XII you will find it this--- "costs of procedure shall be recoverable by or on behalf of the Crown upon every judgment or decree at Law, in equity, or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any real or personal estate or any forfeiture or money Penalty shall have been adjudged to belong or awarded to the Crown."
To this date it has been held at Hongkong, as at home and elsewhere, that, as on the one hand the Crown does not pay costs, so on the other as the "Trustee for the Public," as the guardian of its Rights and the vindicator of its claims, it is beneath the dignity of the Crown to recover costs. Its position thus established is truly one of dignity; represented by Patriotic administrators, in the few cases where the Crown may infringe upon private rights, it is enough that without recovery of costs even-handed Justice dispensed by the Crown's own servants should restore to the injured individual his due; and in the many cases where the Crown in the prosecution of its duty enforces the Public law against the private offender, it is sufficient that the punishment should be administered, and the Crown remain screened from the possible charge of having for its pecuniary advantage acted in retributive justice upon the subject.
But, Sir, it has remained for this "petty colony," it was fated for "these remotest regions in which British authority is established" to controvert this long recognised order of things; it has been reserved for Ruling Authorities who hold the Crown to be but an "Ethereal Essence," here to dissipate in legal proceedings its much revered dignity; and to transform an arbiter formerly pecuniarily uninterested, into a prosecutor on whose success will depend in some degree its monied prosperity; in fact to come to an arrangement which might, as an anti-climax, be aptly described by the not very liberal offer of "Heads I win-tails you lose."
But it is not even to this change in itself that I especially refer, it is to the motive actuating the framer of this clause that I would above all call your attention, and what will be your feelings and those of the public when I tell you, sir, that by the Attorney General's own avowal this clause was inserted by him with the special object, that as several of the Mercantile houses in this colony are richer than the Government itself, and have it in their power, if desirous of doing so, to litigate with it to an extent which would be ruinous to that Government, this clause should be held in terrorem over the heads of these Merchants!!
It is difficult Sir, to know from what side first to review this monstrous declaration; whether to be more astounded at the hazardous daring and incorrectness of the imputation thus cast upon these merchants' line of proceeding; to be more aghast, (supposing that imputation were just and true) at the "terrorism" intended to be thrown with the fatal influence of a pall over the heads of those of the mercantile and general community less wealthy, less influential, and it must be inferred consequently regarded as less dangerous; or to be more indignant, and at the same time grieved, that the Legislative Council of this Colony composed with one exception of men who have all passed a decade of years, or very nearly a decade, in connection with this Colony should not simultaneously with the expression of the opinion have protested against its unfoundedness and its impropriety, and have rejected forthwith its consequence.
In our Governor's line of action, in sorrow not in anger be it spoken, none of this community place much trust or confidence, but from our Lieut. Governor and from our Colonial Secretary the community does look for a repudiation of any share in such sentiments, and for an independent line of action, when for a malicious object, such threats are suspended over the heads of our Colonists; and let me warn those gentlemen that with these expectations abroad as to their course in the Council of the Colony, any participation in such unprecedented legislation will speedily place them in public opinion in the forces of those in whose ranks they themselves would not wish to be enrolled.
We may be well sure, Sir, that our respected Chief Justice and our own chosen representative did oppose this clause, not less before the expression of its hidden meaning than after its promulgation, but without support, without the assistance of a second representative of the Public whose appointment becomes under present circumstances actually imperative upon the Government, the responsibility would not even be thrown upon the Governor of having, by his casting vote, to thus at the same time lower the dignity of the Crown in its legal proceedings, and sanction the unjust status established with reference to this community.
To this Mercantile Community generally therefore, to its Montagues and Capulets, its Colonnas and its Orsini, I say this is no time for divided counsels, nor the period for inaction. The sword of Damocles hangs suspended by a thread over your heads; your freedom of action is impeded, and the "Reign of terror" has begun. Shall such an attack upon your freedom of position, shall this threatened "terrorism" be passed unnoticed, or shall the same interests and rights at stake find a unanimity of feeling and unity of action ready to preserve them inviolate, and failing the power to obtain the proper redress at the hands of your Colonial Authorities, prepared to appeal to a higher Tribunal in your native country.-I remain, your obedient servant.
VINDICATOR.
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