I had already adjudicated and found to be such that on the 21st. I heard again at the Magistrates Office when Mr May Moting Assistant Magistrate informed Mr Cartt that the case of G. Luddell's nuisance had been referred for the Attorney General's opinion but that whatever that might be he would not make any order of removal under Section XI of Ordinance I after adjudication.
The Chief Magistrate M. Mitchell informed Mr. Beat that he distinctly declined summoning Uhting for any continuance of his nuisance. He grounds this refusal on his having dismissed the summons formerly granted in Sthting's case namely that section XI of Ordinance I in specifying the cases in which it is to apply is to be read "and" were inserted instead of "or" thereby defeating the intention of the legislature and making the Ordinance ineffective. He adheres to this course after it had been officially notified to him by His Excellency that the unanimous opinion expressed by the Legislative Council (both Chief Justice and Attorney General being present) was that the decision in question was against law, that Section XI is to be interpreted in its literal sense, and that every work whatsoever thereafter to be commenced, resumed, prosecuted or finished, in contravention of the Ordinance should be deemed a nuisance.
His Excellency, as you have from time to time informed me, has more than once made these derelictions of Magisterial duty the subject of admonition and reproof, but admonition and reproof, as the facts show, have been utterly fruitless and these Magistrates do not scruple to avow their intention to persevere in the same derelictions of duty and to disregard whatever opinions are intimated to them of the lawlessness of their course.
Page 259
It is therefore neither admonition nor reproof that I now ask from His Excellency, it is the removal of the obstacle opposed to the working of sanitary reform within this colony. The fact that M. Mitchell and Mr. May are the authorities to whom the enforcement of the Ordinances for securing the due administration of that reform is chiefly confided, each of them as a stipendiary Magistrate is in his own person a bench of Justices and in 99 cases out of 100 the bench before which complaints under the Ordinances are brought will be either Mr. Mitchell or Mr. May.
Both those personages are largely and notoriously engaged in building speculations or interested in their investments in this place. It is only as contractor for Mr. Hudson (a partner with M. Mitchell in Gilman Street houses, whether or not in the house in question I cannot say) that Soo-laineed the summons against Unterg and am now so fruitlessly seeking to obtain another.
You, His Excellency, are well aware that against Mr. May formally I have proceeded for a similar nuisance to that of which Mr. Duddell has been guilty. The cases are but illustrations of a general mischief. It should now be plain to His Excellency that if the Ordinances and laws for the regulation of public health and the safety of buildings and their inhabitants are not to remain henceforward a dead letter, it is not to me His Excellency must look, as long as the stipendiary Magistracy of Hongkong consists of persons whom every word of theirs convicts of being so entangled by pecuniary interests or partisan feeling with the wrongdoers, and so rendered powerless to bring a justice of the peace to justice.
i
had already adjudicated and found to be such that on the 21st. Ihr butt allinded again at the Magietrates Office when Mr May Moting Assistant Megistrate informed Mr Cartt that the case of 6. Luddell's nuisance had been referred for the Allorney General's opinion but that whatever that thine & might be he would not make any order of - removas under Section xen of Ordinance I after adjudication.
the
Hoting Chif Magistrate M. Mitchell informed Mr. Beat that he distinetly declined summmning Uhting for ang continuance of his nuisance. He grounds this refusal
The
Prudente
his having dismissed the summons formerly granted in Sthting's case namely that section xt of Ordinance & in sherifying The cases in which it is to apply is to be read " and "were incerted instead of or "thereby defeating the intention of the legictature and making
of the Ordinance, he adheres to this coures af
after it had ken officially notified to him by His Checellency that the unanimous opinion expressed by the legislative ecuncil (both Chief Suctive and Attorney General being precent was that the decision in question was against law that Sextion XI is to be interpreted in itt literal sence, and that evere work whatsoever thereafter to be commenced resumed pro- suuted or finished, in contravention of the Ordinance should
be deemed a nuisance.
His Excellency as you have from time to time informed me has more than once made these derelictions of Magisterial dusty the subcel of admonition and reproof, but admonition and reproof, as the fact shew; have been utterly fruitles and these Magistrates do not comple to avow
avow their intention to persevere in the same derelictions of duty and to dieregard wrotever ofrinions are intimated to them of the lawessness of their course.
259
It is therefore neither admonition now reproof that I now ach from this Secellence, it is the removal of the obstacle opposed to the working of sanatory reform within this belong "the fact that M. Mitchell and Mr. May are the autho- vities to whom the enforcement of the Ordinances for securing the due administration of that reform is chiefly confided each of them as a stipendiary Magistrate
stipendiary Magictrale is in his own perem
a bench of Surtices and in 99 cases out of 100 the bench before which complaints under the Ordinances are brought will be the Mitchell or Mr. May.
Both those personages are largely and notonously engaged in building speculations or interested in then investments in this place It is only
as contractor for M: Hudson ( a partner
(a with M. Mitchell in Gilman Street houses whether or not in the house in question Spannot say) that Soolai- ned the summons against Unterg and am now so fruitlessly seeking to obtain another
"You Feu !' are well aware that against I: Mag pormally I have proceeded for a similar nuisance to that of which MW: Duddell has been quilly-
The laces are but illustrations of a general mischief. It should now be plain to His Sxcellency if the Ordinances and laws for the regulation of public health and the safety of Fuildings and therenahfares are not to that remain hence forward a dead letter it is not to me His Excellency must took as long as the stipendiary Magicbrang of Hongkong consists of persons whom every
not and word of theirs convicts of being so entangled by fœcuniary interests or partizan feeling with the wrong
so rong mait a Surveyor General
doers, and the
wrong:
So
to powerles, who not bring a justice of the feace, has
not
No comments yet.
Private notes are available after approval.