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みる 262
The results of their observations and experience, to introduce and pass the remodelled, Ordinance No 8 of 1858, which still remains on the Statute Book but from which the tithing and the Kap Cheong have fallen out.
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The new phase M. Anstey, who had draughted the Ordinance and voted for it, and who had previously reported to the Governor that he considered the thought, such as to reconcile every opinion and sufficient "to meet the wishes of the Government",
Baring to Secretary of State, 18th May 1858.
Encl. in Governor to Secretary of State, No 68, 18th May 1858.
protested against it a few days after it was passed. In his protest, he alleged that his experiment had not been tried, because no Kap Cheong was formed and no Tithing had been "badged" or delivered to the people.
49.
Now as the Governor and the Officers more immediately concerned had reported the Ordinance to be impracticable, I think their opinion is much entitled to respect as that of Mr Anstey. I also infer that, if no tithings were proclaimed, it was because there was good reason for thinking the result would not compensate the trouble and discontent.
I will however go further and say that even if the Ordinance had been carried out to the letter, a reference to the loose wording of the sections, which specially distinguished it by introducing Chinese usages, will prove very vague.