CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 263

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

40.

260

many and unungst novel and important provisions, among them that of vicarious responsibility within certain limits, as for example making Registered Householders responsible for payment of fines incurred, by residents, lodgers, for certain offences more especially gaming in houses.

Even then Householders are given a remedy if they can catch the original offenders, but to go further would, I apprehend, be too inconsistent with existing constitutional principles, in conformity with the Legislation formerly permitted, and which would be considered as harsh as torture and other Chinese enormities of the present day.

48. It is also probable that a much more extensive application of the principle would so overshoot the mark as to render Legislation of that kind impracticable and inoperative, side by side with English laws and usages, for such antagonistic principles could scarcely be worked harmoniously in English courts.

44. In proof of this, I have already reminded H.M's Government of the marked discontent of the principal Chinese at the provision in question, whereby any responsibility is imposed on Householders by the acts of others, their tenants, over whom they must be admitted to have some control. Vide Encl. 2, Para 17.

45. It may, however, be considered

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40. 260 many and unungst novel and important provisions, among them that of vicarious responsibility within certain limits, as for example making Registered Householders responsible for payment of fines incurred, by residents, lodgers, for certain offences more especially gaming in houses. Even then Householders are given a remedy if they can catch the original offenders, but to go further would, I apprehend, be too inconsistent with existing constitutional principles, in conformity with the Legislation formerly permitted, and which would be considered as harsh as torture and other Chinese enormities of the present day. 48. It is also probable that a much more extensive application of the principle would so overshoot the mark as to render Legislation of that kind impracticable and inoperative, side by side with English laws and usages, for such antagonistic principles could scarcely be worked harmoniously in English courts. 44. In proof of this, I have already reminded H.M's Government of the marked discontent of the principal Chinese at the provision in question, whereby any responsibility is imposed on Householders by the acts of others, their tenants, over whom they must be admitted to have some control. Vide Encl. 2, Para 17. 45. It may, however, be considered
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40. 260 many and unungst novel and important provisions, anungot them that of vicarious responsibility within certain limito, as for example making Registered Householders responsible for payment of fines, incurred, by residents سارتر lodgers certain offences more in hauses for especially gaming Even then Householders are remedy if they over can given а against the original offenders- catch them, but to go further would I apprehend be too inconsistent with existing constitutional principles, conformity with the Legislation mare in and which formerly permitted. Sorture and ather Chinese enamities of the present day. 48. It is also probable that a much more extensive application of the principle would so overshoot the mark as to render Legislation of thet Hund impracticable and inoperative side wide with English laws and usages, for such antagonistic principles Could Scarcely be wanted harmoniously in English beourts. みみ 44. In preef of this I have already reminded He. M's Government of the marted discontent of the principal Chinese at the provision in question- whereby any responsibility is imposed on Vide Endl. 2 Householders. by the acts of others, tenants, over Para 17. their Oww even... whom they must be admitted to have some control. #5. It may, however, be considered
2026-05-20 04:07:17 · Baseline
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40.

260

many

and unungst

novel and important provisions, anungot them that of vicarious responsibility within certain limito, as for example making Registered Householders responsible for payment of fines, incurred,

by residents

سارتر

lodgers

certain offences more

in hauses for especially gaming

Even then Householders are

remedy if they

over

can

given

а

against the original offenders-

catch them, but to go further would I apprehend be too inconsistent with existing constitutional principles,

conformity with the Legislation

mare in

and

which formerly permitted. Sorture and ather Chinese enamities of the present day.

48. It is also probable that a much

more extensive application of the principle would so overshoot the mark as to render Legislation of thet Hund impracticable and inoperative side wide with English

laws and

usages, for such antagonistic principles Could Scarcely

be wanted harmoniously in English

beourts.

みみ

44. In preef of this I have already

reminded He. M's Government of the

marted discontent of the principal Chinese at the provision in question-

whereby any responsibility is imposed on Vide Endl. 2 Householders. by the acts of others,

tenants, over

Para

17.

their

Oww

even...

whom they must

be admitted to have some control.

#5. It may, however, be considered

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