14015
34
Secondly, because the Staff detailed for the service was expected to be sufficient,
the
result proved.
Waving mades full enquiry into this matter prior to the notice of these Questions, Governors Tir Arthur Kennedy considered it right to express his approval of the Captain Inperintendent of Police
the conduct.
M
(signed) Cecil C. Îmith,
Acting Colonial Secretary.
Council Chamber,
118 th October, 1874.
Hongkong/ h
(True copies.)
dina Shishiri
J. on dina
کے
Colonial Secretary.
The Daily
Daily Press.
HONGKONG, OCTOBER 27TH, 1874.
LEGISLATIVE COUNCIL. The Council met yesterday afternoon.
Prescut:
E. the Acting GOVERNOR.
Hon. Stx JorN SMALE, Chief Justice. Ron. C. C. SMITH, Acting Colonial Secretary. Hon. J. HRAMSTON, Attorney General. Hon. (1. MAY, Acting Colonial Treasurer. Hon. W. H. ALEXANDER.
Hon. . RYRIE,
Hon. J. WHITTALL.
Hon. R. RoWETT.
The minutes of the last meeting were read and confirmed
It
PROTEST BY HON. P. RYBIE.
go over
The ACTING COLONIAT: SECRETARY said tha he had giving notice that he would object on a point of order to the protest which bad by sent in by the Hon. Mr. Ryrie being entered apon the minutes. According to the rules of the Council, any member might protest against the deo sion of the Council. After notice be sends in his protest. It is laid upon the table and opportunity offered to expunge anything which may be considered offensive.
unnecessary for him to S what took place at the last meeting. The Hon. Mr. Ryrie put his questions which were addressed to the Head of the Executive, and the reply of the Governor was read. There was nothing before the Council on which they had to come to a decision, and therefore be apprehend- ed it was not within the province of a member of Council to proteat against the reply of the Head of the Executive. Each member sat in the Legislative Council and not in the Executive. If any one wished to object, he could take the opinion of the Secretary of State.
It was within bis power to do so. The protest conli ! be addressed to the Governor for transmission to the Secretary of State, but that was entirely outside the sphere of this Council, who had nothing whatever to do with the question raised, Secoudly, be apprehended that the protest in its nature was one which should not be placed upon the minutes. The only analogous instance were protests in the House of Lords, there being none in the House of Commons. In the House of Lords the protests were against the decisions of the House, not against a reply made by one of the principal Secretaries of State in that House. He apprehended the Hon. member was in the same position here and could not protest against any measure of the Govern. or as Head of the Executive. He had given the Hon. member notice of his intention to ob- ject in order that be might be prepared with any argument he might wish to advance. He moved, as a matter of order, that the protest of the Hon. member be not noted on the minutes of the Council.
Hon. P. RTRIE said it was very far from bis intention or wish to do anything in the Council which was out of order." He thought, however, that he was possibly in! order, as on a previous occasion be had made a protest in the Council against a letter which had been written to bini by direction of the President of the Council. He looked upon it that there were certain actions within the power of the Governor. He, as President, gives an answer to a question which a member who puts a question does not consider satisfactory, and he did not think rule 15 excluded a protest against it. Sopposing it was put, as proposed to the Council, that his protest be not put upon the minutes, and it were decided against him, then that would be a decision of the Council and against that he could protest, bringing in his original protest, so that he did not see what benefit could be gained by refusing to put this protest on the minutes.
The ACTING GOVERNOR said the case to which the Hon. Member referred about the letter was not analogous. On that occasion be protested against an interference with the pri. ! vilege of speech, and that was a quite different mattor.
Mr. BYRIN said that there was decision of the Council, and yet bis protest was received.
The Acting COLONIAL-SECRETARY: Yes, it was; but it was a ques ion of privilege and that was a very different thing to a question of this
nature.
Mr. RYCIE said he was quite willing to leave the potest to the Council, and if there were anything improper in it, it could be expunged.
The ACTING COLONIAL-SECRETARY did not think for a moment there was anything in it which anybod would wish to see expunged. He bad merely risen on the point of order. Accor- ding to his view it would be irregular for the protest to go upon the minutes,
THE ATTORNEY-GENERAL said he did not think it was intended that section 15 shoald extend to an answer to a question given by the Head of the Sxecutive to a member of the Council, upon which the Council, as a body, had not expressed any decision. He did not, there- fore, think the Hon. F. Ryrie was in order.
The Hon. Mr. RowETT suggested that the matter of the protest ought not to be ignored on account of this irregularity.
The ACTING COLONIAL SECRETARY said it would not be. The hon. member bad sent one copy to be forwarded to the Secretary of State, and it would be sent in due course. A Becond copy had been sent to the Clerk of the Council to be placed upon the minutes, and this be ob jected to
Mr. ROWETT supposed that the only way to get over the difficulty was to send a memorial again to the Secretary of State.
Mr. RYBIE said he made the statement as a member of the Council, and be wished it to go forward. He bad read some time ago that any member could request that a statement be placed upon the minutes, and be remembered one instance in which that was done.
Sir JOHN SMALE said he thought there bad been such an instance, and that it was a dis. covery of the Colonial Secretary that it could be put on now,
The ACTING COLONIAL SECRETARY said that in the instance referred to the Ouief-Justice requested the Head of the Executive to introduce a certain bill. The Head of the Executive declined to do so, and declined also to allow the Chief-Justice to bring forward a certain motion at the Council. On that the Chief-Justice made a statement of his views, which were appended to the minutes.
Sir JOHN SMALE said he had now come to the conclusion that the Acting Colonial-Secretary's interpretation of the 15th rule was the right jonc, and that on the former occasion be bad done wrong, and it was an error into which they all fell. It was au ipse dizit of the Govern- or and not a vote of this Council, and was pre- cisely analogous to the present case, in which he gave an answer to an hon. member which was contrary to what was expected. He thought therefore, that he ought not to send in a protest, but that a letter or memorial would be the pro- per course.
The ACTING COLONIAL SECRETARY said the bon, member had already done that.
Sir JOHN SMALE having examined the docn. ment, said that to forward it in that shape would be an irregularity; but it was so slight that it would probably produce no harm. It was only a communication stating that the protest bad beeu sont in and requesting the Colonial Secretary to inform the Governor that there had been such a protest, while it now appeared that there could not be any such protest.
The ACTING COLONIAL SECRETARY said it would go to the source to which the Hon. mem- ber wished to refer it, namely, the ecretary of State.
Sir JOHN SMALE said he was sure there would be a slight inaccuracy.
Mr. RYRIE said he wished it to be noted that the protest had been received, and he wished it to go forward from him as a member of Council,
Mr. ROWETT said that a decision of the Go. Vernor came to the same thing as a decision of the Council, as the official members were obliged to vote with the Governor, on being officially told so.
The ACTING COLONIAL SECRETARY said
that any member of the Council might get up and state his views in opposition to the Go-
vernor.
Mr. RYBI said that if the Council voted against the protest being pot upon the minutes that would be a decision of the Council, and he should protest against that.
The ACTING COLONIAL SECRETARY said it would be so irregular that be would have to say they could not go on. He would object again and they would have to go on voting ad infini- tum.
Hon. Mr. WHITTALL said it would, however, have to be seen whether it was irregular.
365
:
1