CO882-6 — Page 242

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

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PUBLIC RECORD OFFICE, LONDON

|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

39755

SIR.

(No. 41.)

132

No. 127.

MR. CHAMBERLAIN to COMMISSIONER LOCKHART.

Downing Street, October 17, 1902. WITH reference to my despatch, No. 38, of the 15th instant,* I have the honour to inform you that my attention has been drawn to the latter part of para- graph 30 of Mr. Hare's report, in which he points that it is not clear what jurisdic- tion the Court of a Magistrate has in civil cases, and what appeal lies from it to the High Court.

2. When the Wei-hai-Wei Order in Council was being prepared, these points were left to be settled in the light of subsequent experience. It was intended that to a large extent the judicial requirements of the Dependency should be provided for by Ordinance at a later date; and this intention is specially expressed in Articles 63 and 67 of the Order in Council, in regard to jurisdiction in bankruptcy and in probate.

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1, 1898.

3. I enclose copies of two Ordinances recently passed in the Falkland Islands and in Seychelles respectively, which relate to the Falklands, Orlinance 2, 1901.

powers of Magistrates, and with the assistance of Seychelles,

which you will no doubt be able to frame an Ordin- ance suitable to the needs of Wei-hai-Wei. Matters relating to the procedure to he adopted in the High Court, in the hearing of appeals and otherwise, and in Magis- trates' Courts, can be dealt with by Rules of Court under Article 19 of the Order in Council.

43630

SIR.

(No. 53.)

No. 128.

I have, &c.,

J. CHAMBERLAIN.

COMMISSIONER LOCKHART to MR. CHAMBERLAIN.

(Received October 22, 1902.)

[Answered by No. 131.]

Government House, Port Edward,

Wei-hai-Wei, September 11, 1902.

I HAVE the honour to acknowledge the receipt of your despatch, No. 28, of the 31st July, regarding the draft Ordinance forwarded in my despatch, No. 22, of the 13th May.‡

2. I am afraid that in transmitting my former despatch I did not sufficiently emphasize the fact that under present circumstances this dependency is not suited for elaborate legislation, and that all that is now required is the making of simple regulations. I, therefore, venture to address you again on this subject.

3. It is true, as you point out and as I had observed, that the Ŏrder in Council makes special provision for the introduction here of Ordinances in force in Hong Kong, but it should be remembered that- legislation in Hong Kong has reached its present state of development after an experience of more than half a century, and ihat laws suitable for an advanced Colony are not appropriate in many respects for a dependency like this.

4. When considering what legislation is necessary for this territory it must be borne in mind that any laws that may be introduced will chiefly, if not entirely, affect the Chinese population, as the Europeans are few and not likely to increase rapidly.

5. It must also be remembered that the Chinese inhabitants of this dependency are uneducated rustics, entirely ignorant of Western methods of Government and quite acquainted with the principles underlying British law. This mental condi- tion of the native renders it imperative that all legal enactments should be made as simple as possible, and adapted, so far as this can be done, without departing from

No. 98.

No. 124A.

+ No. 109.

133

the principles of British jurisprudence, to the understanding of those who will be affected by their provisions.

6. Speaking from a long experience of the Chinese, I am convinced that, in the present state of this dependency and so long as its population remains as it now is, its legal requirements will be much more easily and effectively met by framing clear and simple regulations than by enacting Ordinances which must necessarily be more intricate and elaborate.

7. In fact, ever since this territory was leased it has been the practice to govern

it by regulations, and this system has worked well and smoothly.

It has given satisfaction to the people and has cost the Government compara- tively a small amount in the way of staff.

8. On the other hand, if Ordinances are introduced such as exist in Hong Kong, it is certain they will not work so well, for they will be in advance of the mental capacity of the Chinese inhabitants and of the requirements of this depend- ency, whilst they are certain to lead to an increase in expenditure on account of the staff which will be requisite to carry out efficiently their provisions.

9. For instance, in Hong Kong there is an elaborate Building Ordinance with At present the buildings erected here a large and increasing staff to carry it out. are not numerous, and are of a simple nature. All that is now necessary to give the Government a sufficient control over such buildings is a regulation making it com- pulsory on the builder to produce his plans for approval before he commences to build. Such a regulation can be easily and readily made under a General Ordinance such as I have forwarded, without the necessity of introducing a special Ordinance dealing with buildings.

Again, the question of sanitation is an important one, but a few clear and simple regulations will work far more effectively than a Health Ordinance like that of Hong Kong, even if it were introduced here in a modified form. I feel sure the effect of such an Ordinance would be to fill our gaols with those guilty of breaches of a law which through ignorance or want of comprehension they had failed to understand.

10. The drafting of a variety of Ordinances, even if it were only necessary in many cases to adopt them from the Statute Book of Hong Kong, would be a work of considerable labour and trouble, as the circumstances of this place at present differ so widely from those of Hong Kong, and would require skill in the drafting of Ordinances. As you are aware, there is no officer here skilled in such work who could devote to it the requisite amount of time and attention, the existing small staff of this dependency being fully occupied with carrying on the general work of administration.

11. In view, therefore, of the peculiar circumstances of this dependency, which render government by regulation at present most desirable, and of the importance of avoiding increase in expenditure, which is sure to be the result of legislation by Ordinance, I venture to request that the draft Ordinance forwarded in my despatch, No. 22, of the 13th May,* may be given a trial, say, for a period of two years, at the end of which time it may be possible to see whether this dependency is ripe for more advanced legislation.

I have, &c..

42982

J. H. STEWART LOCKHART,

No. 129.

Commissioner.

MR. CHAMBERLAIN to COMMISSIONER LOCKHART.

(No. 42.)

Downing Street, October 23, 1902. SIR,

REFERRING to my despatch, No. 37, of the 9th instant, I have the honour to inform you that a letter has been received from the Treasury, stating that the Lords Commissioners agree that unless a branch bank of the Hongkong and Shanghai Banking Corporation is established at Wei-hai-Wei it is not desirable to take any further steps at present to make the British dollar legal tender in the Dependency.

• No. 98.

† L.F. transmitting a copy of No, 122,

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