Despatch P1775818
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Letter of the Committe Appointed at the Public Meeting
of the 16th Betober with Resulution
Anneved
24t betoler, 1950.
26
No. 802
COLONIAL SECRETARY'S OFFICE, VICTORIA, HONGKONG,
4th November, 1856. GENTLEMEN, I have the honor by direction of His Excellency the Governor to acknowledge your letter of the 24th ultimo, and to forward in reply the following remarks, which have received the sanction of the members of the Executive Council, to whom as you desired, your Communication has been duly submitted.
The first Resolution passed at the public meeting which you represent refers to Ordinance No, 8 of 1856, which it should be observed passed the Le- gistative Council unanimously after having been during its discussion published in the Gazette with- out any objections to, or animadversions on, its provisions having reached the Government.
When this Ordinance was forwarded to Her Majesty's Government it was expressly pointed out that such an Act of Legislation was undoubtedly stringent, and by the Mail received yesterday, The Secretary of State for the Colonies, while re- cognizing the experimental character of the Or dinance has postponed its confirmation, in order that there may be ample time for testing its value in practice and for amending it where found ob- jectionable.
His Excellency is thus at liberty to give full consideration to your objections which however it is desirable to present in a more specific and tangi. ble form than that in which they are now conveyed.
You complain of the retrospective character of the Ordinance, but if Ilis Excellency be not mis- taken, the Public meeting comprised, and drew a considerable part of its influence from, those very Magistrates who decided from the Bench that the Ordinance was not retrospective.
But there can be no doubt that the Ordinance is retrospective, and that its retrospective effect must be by this time nearly exhausted, inasmuch as up. wards of six months have now elapsed since it came into operation, and the houses commenced before that time and liable to the penalties of the Ordinance are of such a nature as to justify the supposition that they must all be now finished or nearly so.
The meeting appears to have considered the Or- dinance to authorize the demolition of an entire house to which alteration or repair contrary to the Ordinance shall be inade; there must be another misconception here, for the power of abatement given under the Ordinance extends only to the work in progress and not, as supposed, to the entire house.
Two cases only under this Ordinance have been brought to His Excellency's notice as requiring the Magistrates' decision, and in both it has been officially reported to His Excellency that sufficient and frequent caution was given to the parties in- terested, and His Excellency is likewise advised that the whole of the materials removed had been erected not only after the promulgation of the Or- Idinance but in the face of these disregarded warn-
ings.
As regards the insufficiency of the Surveyor Gen- eral's staff, this has long been foreseen by the Government, and a competent Foreman of Works has been selected in England and is arrived by this mail steamer.
The subject of the next Resolution is the Ordi- nance for fees and costs; and the right given to the Crown to recover costs is complained of; but the meeting seems to have been unaware that in Equi- ty and. Admiralty proceedings at least the Crown possesses this right, which is by the Ordinance simply extended to the Common law side of the Supreme Court.
The cogent arguments used in Council in favor of this provision convince! His Excellency of its expediency, and Ilis Excellency desires to notice that the matter becomes of loss importance in that the Resolution itself contemplates little or no liti- gation in the Colony between Crown and subject.
As regards the third Resolution His Excellency proposes to give on all possible occasions due notice to the Public of Legislative enactments under consideration, and hopes in accordance with the general wish of the Members of the Council and in conformity with his own views to be able to make arrangements for admitting the Public to the meetings of the Legislative Council under cer- tain rules to be hereafter laid down.
With reference to the tast Resolution and the Colonial Committee therein suggested, His Excel- lency on the understanding that such Committee was to be framed and worked in aid of the Gov- ernment, would gladly receive its assistance, but as Her Majesty's Government has recently repeat- ed and decided the principles on which the Gov ernment of this Colony shall be conducted, Elis Excellency does not feel himself at liberty to rc- cognize the proposed institution.
Nor can Elis Excellency see the necessity of it, as thesGovernment has never on any occasion re fused facilities for making itself acquainted with the wishes or complaints of the community on public matters.
Under the despatch from the Secretary of State, to the subject of which allusion has just been made, His Excellency considers himself authorized to propose an enlargement of the Legislative Coun. cil, and this shall be done without delay, but it is right that it should be distinctly understood that such reconstruction of the Council is not intended to be based on the representative principle to which the circumstances of Hongkong are in the judgment of Her Majesty's Government and of a majority of the members of the Exocutive Council far from adapted. - His Excellency has applied to the Secretary of State for permission to publish the correspondence on this subject.
The complaints against the Police are apparent ly well founded, as they are noticed in the report, recently handed in, of the Police Commission; the subject, however, is a very difficult one both as regards system and finance, but in due time His Excellency hopes that an improved Force will be organized,
The Police Commission referred to has sat, and His Excellency desires the fact to be particularly remembered, with open doors, and has received with some few ready exceptions but little assistance from the Community. Nevertheless it has procur- ed much valuable information, which His Excel- lency believes will be of great utility when the pro- ject shall be examined in detail.
His Excellency has only to add, that as to the recent Ordinances generally, they have been framed with the view of giving to the Colony the benefit of those reforms by which justice has been cheapened and expedited in the mother country, and that two more of these will be announced in the next Govern- ment Gazette as having received the approval and confirmation of Her Most Gracious Majesty.
In concluding the above review of the proceed- ings of the Public meeting His Excellency directs me to assure you that his impartial consideration will at all times be willingly given to important subjects brought to his notice by the Community, and that he fully appreciates the temperate tone of the letter in which you have submitted the result of the Publie deliberations.I have the honor to be, Gentlemen, Your most obedient Servant.
To
Messrs JARDINE, PEREIRA, LYALL
(True Copy)
Colonial scerlay
W. T. MERCER, Colonial Secretary,
LAPRAIK, BOWRA, and
ANTROBUS.