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AIGHT &
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MINUTES OF A MEETING, convened by CHARLES MAY, Esq., Sheriff of Hongkong, at Mr G. C. Turner's room, Wellington Street, on Thursday, the 16th October, 1856, in accordance with a requisition numerously signed both by Europeans and Chinese, for the purpose of taking into consideration several points in recently-passed Ordinances, seriously affecting the interests of this Colony.
Present,-Messrs S. Gray, R. C. Antrobus, A. Fletcher, E. Pereira, N. Duus, A. S. Dixson, J. Jardine, Scarth, T. C. Leslie, R. S. Walker, T. L. Walker, P. Volen, W. F. Bevan, L. Wiese, J. D. Gibb, H. T. De Silver, W. Tarrant, G. P. De Silver, W. Gaskell, H. Cuben, D. Lapraik, G. Norris, E. K. Stuce, F. Woods, R. Strachan, C. F. Still, H. Iloey, C. Markwick, J. Brown, H. J. Tarrant, D. R. Caldwell, H. Schaeffer, W. H. Roper, Jas. Stephenson, G. Overbek, J. F. Edger, G. Findlay, W. H. Hardie, H. Kingsmill, W. Willaume, P. Ryrie, W. H. Bowra, C. T. Willson, G. Harper, W. Ross, T. Sutherland, H. Marsh, R. Pearce, W. Moresby, W. Lamond, A. Hudson, F. Green, Hyndman, W. Chapman, A. Parsons, Gutierrez, N. Crawford, G. Duddell, T. A. Lane, G. Lyall, and F. W. Lawrence.
Chinese, Kan Ayeong, Loo Hang Poo, Ho Along Tong Apon, Lo Sam Yuen, Loong Yum, Kwok Acheong, Hung Loong, Wye Akwang, Tam Achoy, Chow Aqui, Tam Aping, Cheong Achu, Loong Achu, Chun-sing, Cheong Afong, Oong Acheong, Ho Asing, Lye Ating.
The Meeting was opened by the Sheriff, who read the requisition which had induced him to convene it.
Upon the motion of A. Fletcher, Esq., seconded by T. C. Leslie, Esq., the chair was taken by G. Lyall, Esq. Mr Lawrence acting as Secretary.
The object of the meeting having been stated by the chairman,
J. JARDINE, Esq., proposed, and SCARTH, Esq., seconded, the following resolution, which having been duly interpreted to the Chinese present by Mr Caldwell, was carried unanimously,—
That this meeting, convened for the consideration of matters seriously affecting the Public Interests of the British, Foreign, and Chinese sections of this community, views with alarm the tendencies of some of the recent legislative enactments in this Colony, especially that of Ordinance No. 8 of 1856, entitled An Ordinance for Buildings and Nuisances, whereby it finds that the Stipendiary Magistrates and the Justices of the Peace are invested with a jurisdiction, in some respects almost unlimited in extent, over household property and titles to land: "That the asserted retrospective action of the Ordinance, by which are brought within its scope, not merely all houses and buildings commenced after its date, but also all such as, having been commenced before that period, were then unfinished, and even any house, commenced and finished no matter how long a time previous to that date, but upon which it may afterwards be found necessary to execute any alteration or even repairs, is highly unjust in principle, has implanted in the minds of the Chinese population feelings of insecurity with respect to tenure of property, and is inevitably calculated (as to our knowledge has already been the case) to greatly depreciate the value of such property in this Colony.
That in the opinion of this meeting, not only are the duties imposed upon the Surveyor General's Office by the Ordinance in question so numerous and minute as to render it impossible, with the present insufficient staff in that department, to carry out the Law according to the requirements of that Ordinance without serious delay and consequent loss to the public, but that an amount of absolute discretion and control as to the disposal of materials of nuisances and of buildings contravening the terms of the Ordinance under section 17 No. 8, increased and fortified by section 10 of No. 12, of 1856, is placed in the hands of and has been exercised by the Surveyor General, such as is dangerous to the common weal to be placed in the unfettered power of any one officer of the Executive."
The following resolution was then proposed by R. C. ANTROBUS, Esq., seconded by E. PEREIRA, Esq., and carried unanimously.
That this meeting begs respectfully, but in the strongest manner, to protest against the practice established by clause 12 of Ordinance No. 14 of 1856, entitled an Ordinance for Fees and Costs, whereby Costs of Procedure shall be recoverable by or in behalf of the Crown upon every judgment or decree at Law or Equity or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any Real or Personal Estate or any forfeitures or money penalty shall have been adjudged to belong or awarded to the Crown, and desires to record its opinion that by no portion of this community is litigation with the Crown resorted to, or likely to be so, save and except under circumstances in which such a course is unavoidable; and that consequently it regards such enactment as one of hardship and injustice to this community; while from the consequences which it entails, this meeting regrets that it is no longer able to recognise that dignity of position which is elsewhere customarily assumed under similar circumstances by the Crown."
J. D. GIBB, Esq., then moved, and D. LAPRAIK, Esq., seconded, the following resolution.
That as this community is in effect almost unrepresented in the Legislative Council, and as in the opinion of this meeting it is most desirable that the Government should be in possession of the views of the community before finally passing any Ordinance, a memorial be addressed to H. E. the Governor in Council, praying that in future every ordinance should be published in Draft at least three months before becoming Law, (as recommended by the Parliamentary Select Committee of 1847 on China Affairs,) except in cases of emergency, and that the meetings of the Legislative Council be made open;
which was carried unanimously.
Proposed by T. C. LESLIE, Esq., seconded by T. A. LANE, Esq., and carried unanimously,—
That a Committee composed of the following gentlemen, J. Jardine, Esq., R. C. Antrobus, Esq., D. Lapraik, Esq., E. Pereira, Esq., Geo. Lyall, Esq., W. H. Bowra, Esq., be formed, for the purpose of drawing up a Memorial accompanied by the Minutes of the Meeting, to be laid before H. E. the Governor in Council, praying that he may see fit to amend the Ordinances referred to in accordance with the views expressed by this meeting.
It was then proposed by G. DUDDELL, Esq., seconded by Jons SCARTH, Esq., and carried unanimously,—
That a Colonial Committee be appointed by the Rate-payers, and that H. E. the Governor be memorialized to acknowledge the same as a medium of communication between the people and the Government.
Mr CALDWELL, at the request of the Chinese present, made a few remarks suggestive of the inefficiency of the Police Force, especially of the Indian portion of that body, and the great want of adequate protection both of their persons and property, which they wished brought before the notice of the Government, in order that the existing abuses may be corrected and it was agreed that the substance of these remarks should be embodied in the minutes of the meeting.
A vote of thanks was passed to the Chair, proposed by R. C. ANTROBUS, Esq., and second by A. FLETCHER, Esq., and the Meeting then adjourned.
F. W. LAWRENCE, Secretary.
GEO. LYALL, Chairman.
(True Copy)
Colonial Secretary