Sir,
C. O.
Enclosure !. Legislative Council Chamber
Hongkong, 11th January 1900.
144
1 FEB 00
I was unavoidably absent from the meetings of the Legislative Council on 21st and on 28th ulto at which the Bill entitled "An Ordinance to provide for the summoning of Chinese before the Registrar General", No. 40 of 1899, (copy of which is sent herewith) was read a second and third time and passed. If I had been present I would have voted against the second as well as the third reading of the Bill, divided the Council on the question and if over-ruled, as I probably would have been, I should have lodged a formal protest against the decision of the Council, laid on the table a statement of reasons in support of my Protest (under Rule 32 of The standing Rules and Orders of the Council) and required the Government to forward that Protest for your consideration.
2.- On learning that the Bill had been passed I wrote to His Excellency the Governor asking him not to put the Ordinance in force until your approval had been obtained, and I protested against the Ordinance as unconstitutional, but His Excellency refused to accede to my request and the Ordinance is now in operation. I enclose copy of my notes dated 28th and 29th ulto, and of His Excellency's replies.
3.- Under the circumstances I deem it my duty to now give you a statement of my reasons for dissenting and my views on the subject of this Ordinance.
4.- Sub-section 1 of section 2 empowers the Governor at any time to direct the Registrar General to enquire into and report as to any matter which is connected with the New Territories, as defined by section 2 of Ordinance No. 12 of 1899, if such matter exclusively concerns persons of Chinese race whether British subjects or otherwise. Section 2 of Ordinance 12 of 1899 reads:-
"The expression 'new territories' as used in this Ordinance shall mean the additional territories acquired by this Colony under the provisions of a Convention, dated
The Right Hon: Joseph Chamberlain, M.P.,
The Secretary of State for the Colonies.