The Daily Press.
HONGKONG, MAY 28TH, 1868.
The Legislative Council.
Present:
H.E. The GOVERNOR. The CHIEF JUSTICE.
The COLONIAL-SECRETARY.
The ACTING ATTORNEY-GENERAL. The AUDITOR GENERAL.
The ACTING COLONIAL-TREASURER. Hon. P. KYRIE.
Hon W. KSWICK.
Hon. J. P. DUNCANSON.
A meeting of the Legislative Council was beld on Friday, the 22nd inst., at 3 P.M.
THE NEW COLONIAL-SECRETARY. The Hon. J. G. Austin was sworn in as a member of the Counci!.
THE PIRACY COURT ORDINANCE. On the second reading of this bill, a con- versation arose in reference to various points. One point the Chief-Justice said he thought it right to suggest, though it was rather late in the proceedings to bring it forward. One great reason which had indeed His Excellency to bring forward this bill, was that delay might be avoided, but it is a statutary role in this colony that no person could be tried in the Supreme Court without having received five days notice of the indictment The Governor said the Chief-Justice would have a very good code of rules to go by, but he (the Chief-Justice) interposed with the emphatic declaration, "I shall certainly not alter the common law by any rule of mine." The Go- vernor observed that he did not think anybody was asking him to do so. The Chief Justice recurred to the necessity of giving every person five daya notice of indictment. The Governor said he was quite satisfied with the powers con- ferred by the Ordinance. The Chief Justice thought it right to say again that he could not have any power under an ordinance to alter a statute by a rule of court. The Governor thought the Chief-Justice had power to do auy. thing under this ordinance, which it authorised him to do. The Chief-Justice appealed to the Acting Attorney-Geveral for corroboration of the view be held in reference to the five days notice. "Do you think," he said that I can dispense with the necessity for giving five days notice under this ordinance ?" "Yes," the Act- ing Attorney-General thought he could. "Dis- pense with a statute!!" This is a statute. Chief-Justice," said the Governor, "as well as the other." Then Mr. D'Almada was directed to read the title of the bill, and the Council got upon another line of rails.
Had the bill to be read again or not? The Chief Justice understood the practice to be that the bill should be read a third time, and that after that it should be passed. The Auditor- General contributed some light to this subject, but Mr. Alexander laid in to rest by turning up the appropriate paragraph in the standing orders. Ordinances had to be read a second time, then to go through committee, and finally to be passed. "Then it is not read a third time?" said the Chief-Justice. No, it was not neces- sary. "We've been in committee" explained the Governor, “and now the ordinance has been read a second time and passed.”
THE DISARMAMENT OF JUNKS. The GOVERNOR said they now came to the consideration of the short, but important ordi- nance relating to the disarmament of the fish- ing-boats. Since they last met he had re- ceived a communication from the Goveru- went of Maono, to the effect that that Go- vernment had already followed the policy of the Viceroy with reference both to the fishing- boats and the stinkpots. He had not
been aware of this till the other day, nor had he even now received any copy of the Pro- clamation or ordinance, or whatever it was, by which the new regulations had been established. However, it was gratifying to know that far from having to encounter an obstacle to its new policy, the government would find a useful ally in the Government of Macao.
The Hon. W. KESWICK said that before pro ceeding further, he was anxious to express an opinion concerning the impolicy of departing from the usual rule by handing over the duty of legislation from the Legislative to the Exe- cutive Council. It was important that every thing connected with this subject should be done under the immediate eye of the Council. The GOVERNOR said this was a matter of principle, but he would propose to the Council something which had suggested itself to him that afternoon. They might pass this ordi- nano for a year only.
The CHIEF JUSTICE.-It can easily be re- newed.
The GOVERNOR.-Of course, but Mr. Kes- wick objects to trust as much to the Executive, as would be entrusted under the ordinance as it stands,
The Hon. W. KESWICK thought it very im- vortant to do nothing towards disarming the the junks before they were provided with adde- quate protection. The tride of the place depended to a large extent on the native vessels which were continually passing between this island and the mainland. It was very impor tant that nothing should be done which was calentated to interfere with that trade.
The GOVERNOR thought that observation might be a very proper due to address to the Viceroy, but our position was simply this.- shall we a lopt those regulations which will be law in any case a few miles off after the 18th of July. Whatever action we take it will not impede the force of the Viceroy's proclamation.
Mr. Keswick urged that Chinese measures were never effective. Then the pirates could come down from Chusan, and that part of the coast, and sweep these waters It would be very seriously detrimental to trade if Hong- kong book the initiative in measures of this kind. The whole existence of the place de- pended on the facility with which vessels could communicate with the shore.
Judge BALL said he did not understand that the ordinance proposed in any way to go in advance of the Cuinese Government.
Mr. Keswick thought legislation on the sub- joet was premaluru.
The GOVERNOR did not think the colony could justify itself to the Euglish Government for reinuining inactive. Mr. Keswick must re- member that it was not by any means all the shing-bouts which were armed. 46 per cent. of them carry nothing, 80 per cent. have a few old swords or maskets, and the remainder only carry a few canyon, In forbidding all vessels tocarry stinkpots they would be conferring a favour upon these half armed-boats, which far outweighed the disadvantage they would suffer in hating to give up these arus. Then it must be remembers 1 that a great deal had been done towards the suppression of piracy, and the boats would not be in the same dunger that they formerly incurred. There had only been six cases of piracy all this year, and these in fact were not cases of piracy, as the term was gene- rally understood, but mere robberies from boats, were cases of stealing. A great deal of protection was always provided. The promptitude with which the commodore sent out one or more of his gunboats, whenever there was a ense of piracy reported was most commendable. It was impossible to say that we were adopting the Chinese policy without having in the first in- stance provided a large amount of protection for the honest trader.
After some further conversution it was 'de. cided to limit the operation of the ordinance to twelve mouths, and with this alteration it was read a second time and passed.
THE KIDNAPPING ORDINANCE. The ordinance went through committee and passed
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