380
(155)
Mr Cleverly. There was considerable discussion but no compromise that I recollect.
Attorney General. Does this pamphlet contain the whole of the papers handed in to the Executive Council?
Mr Cleverly. It does not. A variety of enclosures, from A to S are omitted, besides one or two others. No 1, after S, was handed in by Mr Caldwell I think. The whole of the documentary evidence, as well as letters of protest are omitted from that pamphlet.
Attorney General. Did those papers accompany the MS handed to the Council?
Mr Cleverly. They did.
Attorney General. Was it the intention of the authorities when receiving the report to exclude the accompaniments from the printed part?
Mr Cleverly. Of course it was desirable the report should be sent in. Naturally it was the intention of the authorities that they should have an opportunity of testing and comparing the report by the documentary evidence.
Attorney General. Was it the intention of the Commission to print all the documents?
Mr Cleverly. At first it was their intention.
Attorney General. Was it not desirable to have them printed?
Mr Cleverly. It was certainly desirable, and the more so because of the discussion.
Attorney General. You all concurred in the opinion that there was a great want of evidence.
Mr Cleverly. We did.
Attorney General. Would it be possible for any person not a member of the Caldwell Commission to comprehend the report without the documents in relation to it?
Mr Cleverly. No, I do not think it would. Not very clearly. The report is very incomplete as it stands.
Attorney General. It would have been more satisfactory had the documents been appended.
Mr Cleverly. Certainly. The report was not intended to go without it.
Attorney General. In many places the minutes are unintelligible without them?
Mr Cleverly. It is intelligible, but incomplete.
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"It appears that no enquiry whatever has been addressed to any of the non-official Members of the Council on the subject; and I can state that I have received none.
"With the truth or falsehood of the recitals and averment in the said Commission, I do not mean to trouble this Hon. Council, beyond once more recording my emphatic denial, that the List of Charges,—by whom prepared I know not—does 'embrace the accusations made by me against the Registrar General;'—a contradiction which, from the 24th May last, the earliest opportunity I had for giving it, down to the present time, has been repeatedly officialised by me, and received without dissent or observation.
"But, I do ask this Hon. Council to admit this my Protest against the above acts of the Government, as being a manifest, deliberate, and persevering violation of its Privileges, solemnly recognised by the Sixteenth of His Excellency's own Standing Orders and Rules for the Legislative Council of Hongkong, which has been approved by Lord Stanley, the Secretary of State, and is as follows 'The Members of Council shall have freedom of speech, and shall not, at any time, be questioned by Government for any thing they have said therein.'
"I desire that this Protest may be recorded."
(Signed) "T. CHISHOLM ANSTEY, M.L.C., H.M. Attorney General."
"Hongkong, 2d August, 1858."
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1 COLONIAL SECRETARY'S OFFICE, VICTORIA, HONGKONG, 28th July, 1858.
I am directed by His Excellency The Governor to...
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Attorney General. Was not some communication made to the Commission—a request that the report should be ready for signature by the then outgoing Mail?
Mr Cleverly. No.
Attorney General. Was not that report prepared, voted and signed under circumstances of haste?
Mr Cleverly. No.
Court. Do you consider that the report was made in a hurry.
Mr Cleverly. Not at all my Lord.
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THIRD DAY.
Charles St George Cleverly. Sworn, deposed, to...
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