Permitting Chinese Offenders according
to the Laws of China. This affair is singular and a hazardous discretionary Authority.
4th. The Seventh Clause gives to the Chief Justice the Patronage of all subordinate officers in his Court. But it does not define the terms "Subordinates". Such an Enactment ought to be precise.
A Judge's Patronage is such a delicate and indeed, it is not right to give such undefined power.
5th. The Ninth Clause will render it impossible for any person, educated for the Legal Profession, within the Colony or within any other Colony, to be admitted as a Legal Practitioner. I do not know why this should be.
In certain cases, the Administrator.
6th. The Seventeenth Clause constitutes the Registrar of the court, the Administrator of the Estates of deceased persons. But it is not required that he should give securities for the faithful applying of that Trust, which is illegal.
7th. The Twenty-second Clause confers on the Court the jurisdiction of a Court of Equity. Beyond all doubt, this is an assumption of power. Such a jurisdiction can be created only by a Commission from The Queen in Her Office of Equity.
8th. The Seventy-third Clause confers on the Court jurisdiction over the Queen's subjects within a distance of not more than a hundred miles from the Coasts of China. This is an unwarrantable transfer, into a local Act, of the terms of the 8 & 7th Victoria chapter Sec. 1 which enables The Queen to impart such powers to the local Legislature of Hong Kong.
The meaning of the Framer of the Clause was to enact that the Court should exercise such powers as are imparted to it in pursuance of that Act of Parliament. Such provision, if it stands, is an illegal assumption of power.
The Clause is an unwarrantable assumption of power at short.
The Clauses 26-9-30-2-34-9-40-9, 50-9, 62-71 relate to matters of form and practice which ought to be regulated by Rules of court, not by positive Law. Such details require amendment and revision in which a Legislative Body is scarcely competent.
10th. Clauses 69-70-1 regulate Appeals to the Queen in Council. There are not proper subjects of Colonial legislation. The Queen Herself should determine what Appeals she will receive and on what conditions.
Clauses 72-90 is a Law regarding Juries. It seems to me out of place in an Act of this kind and unintelligible without some explanatory Recital.
12th. The same remarks are, in some measure, applicable to the Clauses numbered from 71-111 which are designed to contain all the Law of Civil procedure. This is plainly an invasion of the subject of a distinct and substantive Law.
13th. Clause 113 to 132 is another distinct Law embracing the whole subject of the summary trial of Actions in Petty Debt Courts or Courts of Conscience, or, rather, is the Supreme Court acting in that capacity.
I cannot but express my opinion that this Ordinance is put together with but little skill or perspicuity.
It is much to be regretted that the Framer of it did not adhere more closely to the precedent of the similar Law in New Zealand which was sent to Hong-Kong for imitation and guidance.
The Ordinance is without pride. This Ordinance untrans...
and, as far as I can judge, devoid of none.
The Ordinance 2.16 for registering the Inhabitants of the Island has, as you are aware, been the subject of vehement remonstrances.
Permish Chinese Offenders according
fenc
it
to the Laws of China. This affeare sengalur and a hazardous discretionary Authority. 4th. The Seventh Clause grver to the Chef Justice the Petronage of sin his Couret. But it does not define the terme
Enactment ought to be
all subordinate officis "Subordinates". Such
be right to give
precise
Judge na Patimmage us a suche ad af fenise of indeed, it
such
w.
A
all
5th The Ninth Clause w? render it impossible for any person,
# Educated for the Legal Profession, within the
Caring
ay
& bong ling
ar a
Colang chilf or within
Legal Pra
other Colony, to be admitted at I do not know why this should be.
Certain cases, the Administrator.
al Practitioner.
6th The Seventeenth Clause Constitunter the Regsitrons of the court, in the Administrator of the Estates of deceased persons. Bas It is not required that he should give becurities for the faithful appealing of that Trust,
illegal
7 the The Devenly second Clanse confere on the Court the jurisdicting 9th. of a court of their Romically . Beyond all doubt this is an afsumption of power. Such a purisdictions from The Queen in Her Office of Johnically.
8t The Sevenly. third Cance
Can we
be created only by a Comming
China
or within
Jevis
any
the Conal jurisdictionne over
Queen's subjecti
Shif at a distance of not more than a hundred miles from the Coacts of China. This is an wache
6
: fuel transfer, into a local Act, of the terms of the 8 % 7th Victoria chies Sec. I dich mabler The Queen to impart such powers to the local
Th Legislature of Kong Hong
meaning of the Framer of the Clause was the to enact that the Court std exercise such powers be infarted
to it in pursuance of that Rot of Parliament. Such movision to. have been sufufluons and
et stands, is an
inmenning
illegal assumption of power
at shout
The Clause
A
Dr The Clauses.
26–9-30-2-34-9-40-9,50 -9.62–7114
all relate to matters of more form and prackie which ought to be regulated
to
require
coshoined
by Ruler of court, not by positive Law. Such details "amendment and revisions in which a degislative Body si scarely competent 10th Clauses 20.69-70-1 regulate Appeals to the Queen in Conneil
art
There
not proper subjects of Colonial begislation. The queen Herself shd. delermine what Appeals she will receive and
72
on
what conditions.
// From Clauses, 7 2-90 is a Law regarding Juries. It seems to me tat of place in an Act of this hind for and wninlittigible without some
Explanating Resort
12th The same remarks are,
8 thunch, applicable to the Classes rambered from 71-111 which are designed to contains all the Law of Eximional procedure. This is
plainly
invetiment
From
the
salject of a
distinct and substantivn
13th Jurne Clause 20.113 to 132 in another dinned Law embracing
in
the whole subject of the summary mial of Rations iis Petty Debt Contr or Couches of Conscience, or, rather, is the Supreme Count acting
capacity.
#
*
in that
cannot but express my opinion that this Ordinance with but litth chill or perspicuity.
is funt together with but little
or perspunity, and that it is much to be regretted that the Framer of it did not adhere more done
to the precedent of the similar Law in dew Zealand which was sent to
imitations and
Hong-Kong for
Extinct subject:
many
Ar
B
pride.
Thri Sidinence untrans
and, as far as I can judge, diefones of none.
subject ; and, as four
The Ordinance 2.16 for registing the Inhabitants of the deland
have, as you
Are Awark
been the subject of schement remonstrances
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