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The Hongkong Government Gazette.
18. The Rules now in operation to be thoroughly revised, and the Council to be conducted after the usual manner of conducting Public Councils or Meetings.
19. Each Member, on being sworn in, to sign the Council copy of Rules for the conduct of the Council.
20. When the Legislative Council shall sit in discussion on any matter affecting British Subjects in China, eg. on any Consular Ordinance, any Consul or Vice-Consul, provided he be regularly appointed from home, and not merely acting, and provided he be on actual Service at one of the Ports of China open to Trade, shall, on Summons from the Governor, be admissible to a seat in the Legislative Council pro hac vice, and shall enjoy the right of speaking, but not of voting in the Council.
21. The Governor shall enjoy, as President of the Council, a casting vote, and no vote of the Council shall interfere with the power or authority vested in the Governor by Her Majesty, or the Secretary of State for the Colonies.
22. The Council may, as it shall see fit, amend or alter, from time to time, the Rules adopted for the conduct of its business.
VICTORIA, HONGKONG, 28th July, 1855.
Inclosure 2,-Despatch 110.
No. 49. Legislatice.
[MARCH 2, 1857.
GOVERNMENT OFFICES, VICTORIA, HONGKONG, 26th March, 1945.
Sin, In reference to your Despatch of 23d November last, I propose now to forward some additional observations, and to furnish some further information in connection with my suggestions for the reorganization of the Legislative Council of this colony. My prin- cipal object is to introduce the popular element into its Govern- ment, and to make that element subservient to its prosperity, as I have reason to believe its introduction would be acceptable to public opinion.
2. I deemed it desirable, before again reverting to the topic, to give the Colonial Secretary an opportunity of making any remarks upon my proposals, which either his experience of the Colonial Service, or his matured reflections on the subject matter, might suggest, and I think it right to forward copy of a Memorandum I have received from him." The change he advocates is altogether so unimportant, that I should think it would be better to leave matters as they are than to modify the Legislative Council in the manner suggested; and as I do not agree in the conclusion that the present state of things is satisfactory to the community, still less that it ought to be satisfactory, so I am persuaded that the admission of influences which should represent public opinion, with its contribu- tion of knowledge, its demands for improvement, its interest in social reforms, would here as everywhere lead to greater contentment and
better Government.
VICTORIA, HONGKONG, 31st July, 1855. SIR, I have the honour to acknowledge the receipt of your letter of the 30th instant, together with its inclosure (herewith returned), and to state for the information of His Excellency The Governor,
3. But were there still less of dissatisfaction than exists with the that the proposed reconstruction of the Colonial Councils appears present state of things, I should hold it most desirable not to wait a to me most desirable.
The only suggestion I have to make is with reference to para-period of agitation, and the expresion of publie discontent, in order graph 7; and here I beg to observe, that the 5 Unofficial Members to confer on a growing and prosperous population the benefit of
Such conces being elected every third year, would reuder these parties more representative institutions in some shape or other. efficient and better acquainted with their duties, than if elected sions come most gracefully when they are not extorted by clamour,
or surrendered by necessity, but are the result of a calm survey of annually. I have, &c.,
the present and the future. I do not recommend or desire any very large infusion of the popular principle, but I object to its utter exclusion in every shape, and from every department of Govern- ment. I believe that exclusion acts perniciously on the Executive authority, which necessarily falls into habits of relaxation and routine, by being removed from a control alike useful in impelling right tendencies, and checking wrong ones; and I see no reason whatever why the representative principle, conceded in some form or other to almost every colony under the Crown, should be denied to Hongkong.
(Signed)
The Honorable W. T. Mercer, Esquire,
Colonial Secretury,
No. 2.
W. CAINE, Lieutenant Governor.
Hongkong.
(True copy,)
W. T. MERCER, Colonial Secretary.
DOWNING STREET, 23d November, 1855. SIR,I have to acknowledge your Despatch No. 110, of the 2d August last, proposing, for the consideration of Her Majesty's Government, a scheme for the reconstitution of the Legislative Council of Hongkong,
3. I trust to receive from you a detailed report on this subject: and take the opportunity of the delay to direct your attention to some other portions of the plan which appears to me to deserve
reconsideration.
4. The enlargement of Councils, by the sole introduction into them of a greater number of public functionaries, is objectionable, as it would be but the diffusion and consequent diminution of re sponsibility among the Executive body, whose functions, in my judgment, would be better performed by few than by many; and, except for the purpose of bringing influence from without the Government circle into the field of legislation, I see little neces- sity for cliange. The increase of Non-official Members of the Legis- lature is a good I would willingly purchase by the introduction of a greater number of the higher officials.
2. That proposal will receive attentive consideration; but before any decision can be arrived at upon it, it is essential that Her Majesty's Government should be furnished with more detailed information on the most essential feature of the plan. They must have some knowledge of the future electoral body, which, accord-edly devoid of authority even to suggest any measure, however
5. The Legislative Council as at present constituted, is undoubt ing to paragraph 8 of the minute, is to be composed of "all regis wholesome or desirable. As I found it constituted, it was no more tered holders of an undivided lot of land under Crown lease of acquainted with the concerns of the colony, than the rest of the the yearly rental of £10, and upwards." They should be enabled inhabitants. The Blue Book had never been laid on the Council to form an estimate of the probable number of such Electors: the Table. No subject whatever was discussed except on the presenta proportion they may bear to the unrepresented classes of the tion of the Governor--nothing whatever connected with the budget population; whether they would be chiefly European, and with what admixture of Chinese islanders or recent settlers, and such The Colonial Treasurer has been solely charged with the prepara- was ever submitted either for suggestion, deliberation, or decision. other particulars as you may be able to communicate.
referred home without any advice or action of the Legislative tion of the Estimates, and, if approved by the Governor, they are Council. While I bave been Governor, I have laid the budget on the Table, and invited observations thereon, but I have in no instance this is not to me a satisfactory state of things. I see no reason why put any question of receipt or expenditure to the vote.
a properly constituted legislature should not in Hongkong, as else colony. The resources of the colony are abundantly sufficient for where, be charged with some control over the Finances of the
true that the sales and rentals of Crown Lands are the principal all its Civil Expenses without Parliamentary Aid; and though it is
colonies from interference with local revenues, nor from having a sources of revenue, that circumstance has not been held to exclude voice as to local expenditure. And, moreover, I have made it a aries, shall possess a predominant majority in the Legislative Council. part of my proposal that the Crown influence, through its function-
which the Colonial Secretary refers, with reference to the control 6. I am not aware of the existence of the misapprehension to which the Legislative Council possesses over the finances of the assumed over any portion of the Colonial Revenues. colony. No control has hitherto been in any way exercised or
4. Paragraph 7,-I do not fully understand in what manner you propose to enforce the provisions that Three out of Five elected Members should be Justices of the Peace. It may perhaps not be difficult to devise machinery for this purpose, but I should wish
to be informed of its nature.
5. Paragraphs 9, 10, and 11,--These arrangements might perhaps answer at the outset of the experiment; but to devolve on the Executive Council definitively the duty of deciding on Electoral claims and objections, would be in my opinion a bad arrangement, calculated to place that body in an invidious position. The func- tionary to be entrusted with this power should be above suspicion of partiality, and of a judicial character if possible.
6. Paragraph 16,I am not satisfied with the expediency of leaving in the Govervor's hands the power of suspending in this indirect manner the electoral rights conceded to the community; but I am quite ready to receive any further explanation on this or the other points adverted to.
7. The preceding observations do not however imply any ex- pression of opinion on the part of Her Majesty's Government as to the main question which you have raised for their consideration. They are not as yet prepared to assent to the opinion that such a change as you have suggested would at the present time conduce to the better Government of the Island, or the increased contentment of its inhabitants, Their decision upon that question will be reserved until the receipt of the further information which you are requested to supply have the honour to be, Sir, your most obedient humble servant,
H. LABOUCHERE.
Governor SIR JOHN BOWRING, &c., &c., &c.,
Hongkong.
But I own
7. But the Colonial Secretary allows that the Legislative Council is concerned in the levying the Police Rate,-that revenue not aris- Police Rate in Hongkong is determined, not by the Legislative, but ing from the property of the Crown. Now, strange to say, the by the Executive Council.
Colonial Secretary refers in support of the present system, to be an 8. I do not imagine the Charter of the colony, to which the irrevocable and immutable Law, but a law which the Sovereign Lawgiver may modify in the interest of Her subjects. Whatever may have been the purpose of the charter, under existing Colonial usages, it appears to me the functions of the Legislative and the Executive Councils are in practice not nafrequently confused and blended, and that much of the action of the Executive might, with public advantage, be placed under the supervision of the Legislative
MARCH 2, 1857.]
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Council, on the understanding always that the Legislative Council should stand on a broader basis, and that its aptitude for useful Legislat should be increased by the introduction of a certain number of popular elected members.
373 3
ticipate, at least in so far as to aid in the selection of such British Subjects as are to hold Non-official seats in the Legislative Council. 17. The machinery for enforcing the arrangement that three out of five Non-officesal Members should be selected from the Magistracy, might be simply that the suffrages of any voter who polled for more than two non-magistrates should be ipso facto disallowed. might be required to give in a written list of five members for whom Voters they desired to poll, and the paper might then and there be rejected by the poil clerk
it contained more than two non-magisterial
names.
18. As regards the 16th paragraph allowing the Governor to leave a vacancy unfilled, I think it, on consideration, better that no such discretion should be left to the Governor, but that on a va- cancy occurring an election to supply it should take place.
9. I do not know in what respect the experiment made by Sir George Bonham, six years ago, can be said to have entirely failed," nor am I acquainted with the prediction which anticipated that failure. My experience is, as the President of the Legislative Council, (of which the Colonial Secretary is not a member, and cannot therefore be so well informed as I am with regard to its workings,) that the Non-official Members are eminently useful to the Council, from the knowledge of the colony which they possess and communicate,—that the attendance of one of the two members (Me Edger) is constant; and if that of the other (Mr Jardine) has boen less so, it is, as I have been assured by himself, attributable to 19. With reference to the proposal of the Colonial Secretary, for the fact, that the business submitted to the Legislative Council was the appointment of a Colonial Surgeon, I think a salary of £800 seldom of a character sufficiently interesting or important to justify would be a sufficient remuneration, and that to his duties might be the dedication of valuable time to attendance at the sittings of superadded the supervision and direction of measures connected Council. But Mr Jardine has, I believe, almost invariably been with the Public health. present when matters of gravity have been discussed. Whateverderation to advocate his having a seat in the Legislative Council, I am not prepared without farther consi may be the merits or the defects of the present Non-official Members but I quite concur in the opinion that it would be desirable he of the Council, I think life-appointments altogether undesirable, should be debarred from private practice, except in cases of extreme and that absolute independence of the control of the popular senti- urgency, which might certainly present themselves in this colony. ment is quite incompatible with that responsibility for the discharge 20. I euclose two Documents which may serve to elucidate the of public duty which ought to be held over every member of a Le- inquiry into the proposed constituency of the colony. The first is gislative body. As a functionary, he ought to be deemed responsible a Memorandum of all the Tenements rated to the Police from £10 to his superordinates,--as an elected member, to those who elected to £20-£20 to £30,-£30 to £40,-£40 and upwards, and the bim, in either and in both cases, to the tribunal of public numbers under each head of British, Foreign, and Chinese renters opinion.
exhibiting as a result-1,637 Chinese, 186 British, and 176 Foreign, rated at £10 and upwards. This is not an exact individual return, as there may be cases of the same individual comprehended under two or more assessments, so that the whole number of persons assessed is somewhat less than the returns would seem to exhibit.
The second Memorandum shews the Crown Rents; under the same division, the totals being, of payers of £10 and upwards, Bri tish 69, Chinese 42, Foreigners 30.-I have the honour to be, with the highest respect, Sir, your most obedient humble servant,
10. I do not therefore, by any means, consider that the introduc- tion of two Non-official Members, who were selected by a small body of Magistrates from their own number, is to be defended solely on the ground that their presence in the Legislative Council is not "obstructive or prejudicial;" and I should think the introduction of a Third additional Member a mere idle and useless incumbrance, utterly unworthy of the attention of the Government, if the reasons for the admission had no more cogency than that his presence would do no harm.
11. As regards the exclusion of Foreigners from the Electoral body, I think such exclusion would be unpopular and unwise. Foreigners contribute their proportion to the expenses of the colony, and are called on to serve as Jurors, and in other public capacities. It would be a sufficient security, in my judgment, that the elected members of the Legislature should be natural born British Subjects, or have obtained letters of naturalization in England. Moreover, as the whole number of Non-offical Members proposed is Five, of whom I suggested that Three should be chosen from the Justices of the Peace, and as the Official Members of the Conucil were intend- ed to be Eight, with a casting vote to the Governor, I confess I see no danger whatever in my original proposition.
12. As regards the Chinese population, I should be glad to às sociate them with the action of the Government. At Singapore they have been admitted into the Magistracy, and I know of no evil which has resulted from their admission,--but on the contrary much good. There might be advantage if an educational test were associated with the exercise of the electoral right, and if Chinamen were encouraged to the study of our language, by its being made the means of access to social distinction.
The Right Honourable
HENRY LABOUCHERE. M.P.,
&o., &c.. 4G.
Inclosure 1,-Despatch 49.
JOHN BOWRING.
MEMORANDUM ON THE RECONSTRUCTION OF THE COUNCILS OF THE COLONY.
His Excellency having called on me for my opinion on the pro- posed reconstruction of the Councils of this Colony, I have to state
as follows:
In, I think, the mouth of February, last year, I drew up, at His Excellency's request, a plan with this object in view, which under- went revision and alteration by His Excellency, and was eventually submitted to the Secretary of State, in Despatch No. 110 of 2d August, 1855.
Before considering this in detail, I wish to observe that, although long desirous to see both Councils enlarged, I never recognized the expediency of admitting into them what may be familiarly termed "the popular element," to the extent contemplated by the plan under discussion; and in drawing out that plan originally, I regard-
13. My opinion remains unchanged as to the desirableness of excluding public functionaries beyond that large proportion who ed myself as acting under His Excellency's instructions and carry- would sit by virtue of office in the Legislative Council. Parlia-ing out his views. mentary experience at home, and I may add a far wider experience of the mischief growing out of the introduction of elected officials into Legislative bodies, confirm my conviction, that no person holding office should be eligible as one of the Five Non-official Members; nor do I think that subordinate officials-the superor dinate being members by virtue of office-could, with any propriety or advantage, be called away from their public duties to take a part in Legislative discussions and controversies.
14. That in a population of 75,000, the whole number of Electors should be only 75, or practically only 45, being one in every 1,666 inhabitants, (as the Colonial Secretary proposes,) would appear to me the establishment of as "close a borough" and as narrow a suf- frage as ever afforded a grievance for popular discontent to deal with. The Justices of the Peace in the colony are 24 in number the Special Jury list consists of 34, the Common Jury list of 113, members; the number of individuals who are rated at a rental above £40, per annum is 650; above £30, it is 1,135; above £20, 1,566; and above £10, 1,999. I do not know in what respect a £10 suffrage would be objectionable, especially if guarded by the " Edu- cational test" which I have suggested.
15. As regards the revision of the Electoral Lists, the Books of the Police Rate Surveyors (being officialized by the Executive Council) would be simple and sufficient evidence of right to vote as far as the payment of rates is concerned; and if the electoral right should emanate from being a Juror, the Hongkong Gazette would furnish the best evidence, as it registers the Jury Lists when they have been revised by the Legislative Council. The Electoral Lists might be made up by the Clerk of the Councils, with an appeal to the Chief Magistrate.
16. I can by no means admit the conclusion of the Colonial Se- cretary, that the large and preponderating number of Foreigners in this colony is a reason for excluding them from any voice in its Government,
I believe the best security for their attachment and Co-operation is to recognize and not to repudiate their claims to be considered as parts of the whole community in whose public duties they share, and in whose rights they may be safely allowed to par-
In fact my notion was then, as it is now, in perfect unison with the following paragraph from Mr Secretary Labouchere's Despatch of 23d November last, calling for further information before final decision on the scheme proposed:-" They (e. Her Majesty's Government) are not as yet prepared to assent to the opinion that such a change as you have suggested would at the present time conduce to the better government of the Island, or the increased contentment of its inhabitants."
By the Charter of the colony, the Governor, at his discretion, may act in full opposition to either Council; and this provision after all, reduces the Council to the position of a consultative not an ad- ministrative body.
A considerable amount of misapprehension exists on this head, as also on the degree of control which the Legislative Council possesses over the Finances of the colony.
The Colonial Regulations (cap. X, 2, 8,) lay it down that the Council has a "species of immediate control over the Revenue raised in the colony by Taxes upon the inhabitants, and over its expenditure," but that such control does not extend to funds arising from the property of the Crown,”
At the present moment, therefore, the only portion of the Public Revenue with which the Legislative Council is concerned, is the Police Rate, which meets about half the Police Expenses, the Crown Funds supplying the deficiency.
I have been particular in drawing attention to this, as it is a powerful argument against the necessity of further opening the Le- gislative Council to the public.
The experiment made by Sir George Bonham six years ago, has, in my opinion, entirely failed, and justified my prediction at the time of its proposal.
And I say this without the most remote intention to impute re- missness or any other tault to the two honourable gentlemen an- official members of the Legislative Council; but the simple fact is, that they have their business as merchants to attend to, and the conduct of this is naturally of far more importance to them than the business of the Council, of the general interest of the colony.
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