CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 43

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

I do not see how the Ordinance No of 1867 for maintaining order and cleanliness, and which by §. 18 proposed to provide further measures for the ultimate suppression of Gambling and therefore authorized Regulations for the total suppression, in the meantime for the better limitation of Gambling, could be construed as authorizing the creation of a monopoly misdemeanour. I also suggested that what has now been done was then to be expressly prohibited.

When the Ordinance 21 Ja. 1. C3. was passed I had not the remotest idea that any such regulations could be or would be issued under it. His Excellency suggested to me that legally I ought not to make such suggestions in the Legislative Council on the Estimates containing the proceeds of the Licenses being for the first time brought before the Council because the question might judicially come before me.

I therefore abstained from doing so. Now however that Mr. Deane's statement intended for the Colonial Office has been brought to my notice I should be wanting in duty if I did not express my dissent from them.

It is stated that this Letter with its enclosures Appendix No.2, 1, 2, 4, 3 will be forwarded by His Excellency together with Mr. Deane's yearly Report on Crime to His Lordship the Secretary of State for the Colonies.

I have to
(Signed) John Smale
Chief Justice.

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41 I do not see how the Ordinance No of 1867 for maintaining order and cleanliness, and which by §. 18 proposed to provide further measures for the ultimate suppression of Gambling and therefore authorized Regulations for the total suppression, in the meantime for the better limitation of Gambling, could be construed as authorizing the creation of a monopoly misdemeanour. I also suggested that what has now been done was then to be expressly prohibited. When the Ordinance 21 Ja. 1. C3. was passed I had not the remotest idea that any such regulations could be or would be issued under it. His Excellency suggested to me that legally I ought not to make such suggestions in the Legislative Council on the Estimates containing the proceeds of the Licenses being for the first time brought before the Council because the question might judicially come before me. I therefore abstained from doing so. Now however that Mr. Deane's statement intended for the Colonial Office has been brought to my notice I should be wanting in duty if I did not express my dissent from them. It is stated that this Letter with its enclosures Appendix No.2, 1, 2, 4, 3 will be forwarded by His Excellency together with Mr. Deane's yearly Report on Crime to His Lordship the Secretary of State for the Colonies. I have to(Signed) John SmaleChief Justice.

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IU 41 I do not see how the Ordinance NQ of 川 1867 for maintaining order and cleanlines and which by §. 18 propped to provide further 11 measures # for the ultimate perpipregion of Gambling and therefore authorized Regulations for the total suppression. in the mean time for the better limitation 11 of Gambling. # could be construed OLS authorizing the creation of a monopoly misdemeanour. I also committing suggested that what has now was been done was then to be and exprefly prohibited 1.C3. When the Ordinance ley 21 Ja. 1. C3. haped I had not the remotest idea that any Such requlations could be or would be ifared under it. His Excellency suggested to me that legally o sught not to make such suggestions in the Legislative Council on the Estimatio containing the proceeds of the Licenses being for the first trime brought before the Council because the question might Judicially So. come before mes I therefore clesterined from doing Now however that Mr. Deane's statimento intended for the biclonial Office üne e brought to my notice I should be wanting in duty if I did not exprefs my dissent hom them. Stanet that this Letter with liffendive Appendix. No2.1.2.4.3 will be forwarded by Heis Becellany together with M. Deane's yearly Report on brime to His Lordship the Secuting of State for the Colonies. I have to (Signed) John Smale Chief Justice.

2026-05-20 03:24:22 · Baseline

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I do not see how the Ordinance NQ of

川

1867 for maintaining order and cleanlines

and which by §. 18 propped to provide

further

measures

for the ultimate perpipregion

of Gambling and therefore authorized

Regulations for the total suppression.

in the mean time for the better limitation

of Gambling.

could be construed

OLS

authorizing the creation of a monopoly misdemeanour. I also

committing suggested that what

has

now

was

been done was

then to be and

exprefly prohibited

1.C3. When the Ordinance

ley 21 Ja. 1. C3.

haped I had not the remotest idea

that

any

Such requlations could be or would be ifared under it. His Excellency suggested to me that

legally o

sught not to make such suggestions

the Legislative Council on the Estimatio containing the proceeds of the Licenses being for the first trime brought before the Council because the question might

Judicially

So.

come

before

mes

I therefore clesterined from doing

Now however that Mr. Deane's

statimento intended for the biclonial Office

üne

e brought to

notice I should be

wanting in duty if I did not exprefs my

dissent hom them.

Stanet that this Letter with liffendive Appendix. No2.1.2.4.3 will be forwarded by Heis Becellany together with M. Deane's yearly Report on brime to His Lordship the Secuting of State for the Colonies.

I have to

(Signed) John Smale

Chief Justice.

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