Criminal Enquiry -
Action containing very similar provisions have recently been passed in each of the F. M. S. The papers regarding them (3225) are at present in circulation, but I annex a copy of the Negri Sembilan enactment II of 24 of which Sections 2-7 confer Powers of holding compulsory enquiry on the Secretary for Chinese affairs.
Mr Whitehead V.M.L.C. has preferred protest against the Ord as being inquisitorial in character & a piece of dangerous Class Legislation : & tries to show that the Gov't is to blame for the unwillingness of the Chinese to come in & Register their land because they have never offered them inducements to do so.
Mr Lockhart in his memorandum appears to me to answer Mr Whitehead's contentions, & it is a strong point in favour of the Ord: that both the Chinese members of the Leg: Council voted for the Ordinance - the operations of which has at their suggestion been limited to two years.
I assume that all persons sentenced to fine or imprisonment under this Ordinance are at liberty to appeal under Part II of The Magistrates Ord : 10 of 1890, if so I see no reason why the Ord: should not be sanctioned.
[su $525 T.C.M 2/3 for H. Hamilton.]
I think Mr Lockhart's memorandum effectively disposes of Mr Whitehead's protest against this Ordinance. I agree with Mr Lockhart's conclusion that there would be an appeal against the decision under Magistrates Ordinance. Reference is made to the fact that the English Magistrates Ordinance 1870 is specially applied (sec. 3) therefore although there is a penalty provided for any offence...
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