CO129-162 - Sir Kennedy - 1873 [1-3] — Page 185

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Colony, accompanied by remarks of which I cucire a Copy.-

I have the honor lobe,

My Love. Your Lordships my Collieue

humble Servant,

Lehennedy

Cobedient.

Governor..

In Duprate

THE CHINA MAIL.

HONGKONG, TUESDAY, FEB. 11, 1873.

LEGISLATIVE COUNCIL. IMPORTANT DESPATCH CONCERN- ING THE MACAO OCOLIE TRADE.

A meeting of the Legislative Council took place at 2.30 p.m. this afternoon. Present: H. E. the Governor, The Hous. the Chief Justice, the Act. Col. Secretary, the Attorney General, the Act. Col. Trea- aurer, Judge Ball, Phineas Ryrie, R. Rowett and James Whittall.

The minutes of the last meeting having been read and confirmed,

H. E. then said Since the last meeting of the Council I have re- ceived a very important despatch from the Earl of Kimberley in relation to the abuses which constantly arise out of the system of Chinese Emigration carried on in the neighbouring colony of Macao, and which have been so long the subject of complaint and remonstrance on the part of the British Government.

The Despatch is in these terms ---

DOWNING STREET,

20th November, 1872. SIR-It has at different times been represented to me that Foreign Vessels engaged in the shipment of Coolies from Macao are equipped in the Port of Hong- kong, or furnished with supplies or stores from that Colony, and my attention has recently been directed to the following paragraph extracted from a Hongkong newspaper "The Spanish steamer Bueno Ventura, a sister to, and belonging to the same owner as the steamship Yruras Bat, which vessel fitted up here and left a few days back for Macao, for a cargo of Coolies, has arrived here to fit up for the same purpose,"

2. You are probably aware that during the late Session of Parliament an Act [Kidnapping Act, 1872] (three copies of which enclose) was passed for the purpose of repressing the abuses connected with the movement of natives from their Islands in the Pacific Ocean to labor on Plantations. 3. Although great cruelties have been perpetrated in connexion with this traffic In South Sea lalanders, they can hardly have been greater than those which have led to the disgraceful and horrible occur- rences from time to time reported as having taken place on board ships conveying Chi- nese Coolies from Macao.

4. Her Majesty's Government, which has been under the necessity of making repeat- eti remonstrances to the Portuguese Go- vernment on the subject of the Macao Coolis Trade, cannot permit that there should be even the shadow of justification for any such imputation as that British Subjects in Hongkong, partake in and profit by a traffic which the Queen's Government depiores and protesta against. And I see no reason why British Subjects resident in Hongkong should not, as well as those in Australasia, be subjected to the punishment prescribed in Section 9 of the "Kidnapping Act 1872" for the offences specified in that Section, if committed within the territorial jurisdiction of the Colony,

5. I request you to give your particular attention to the Kidnapping Act 1872," and to consider whether some of its provi sions might not, with the necessary altera- tions, be made applicable to Hongkong. If you are of opinion that they might be, I request you to transmit to me, as soon as possible, the Draft of an Ordinance for that purpose.

As Chief Justice Smale has given much attention to this question, I request you to give him a copy of this despatch and of the Act enclosed in it, and to intimate to him that I shall be glad to receive from him, through you, any observations or sugges tions which he may wish to offer either in conjunction or after consultation with the Attorney General and yourself, or separately.

You will also lay this Despatch before the Legislative Council,

I have, &c., (Signed) KIMBERLEY. Governor Sir A. E. KENNEDY,

K.O.M.G., C.B., &c., &c., &c. His Excellency then said :--

In compliance with the Earl of Kimber. ley's instructions, I bave conferred with the Chief Justice, and with the Attorney Gene- rai, and have carefully considered, in conjunction with these officers, the kind of legislation, which is best calculated to carry out effectively the wishes of Her Majesty's Government.

I am also, at the present time, in com. munication with the Secretary of State on the subject, and I hope to be able very shortly to submit to the Council the Draft of an Ordinance, intended to prohibit and prevent, to the fullest extent that the Powers of this Legislature will allow, all residents of this Colony, of whatever nationality they may be, from taking any part in what is commonly known as the Macao Coolie Trade," and from partici- pating directly, or indirectly in its profits, either by chartering or equipping and fur Inishing vessels for the purpose of Mucan

Emigration, or in any other manner.

I have every reason to believe that, in introducing such a measure, I shall have the hearty support and co-operation of every member of the Council, as well as the approval of the Community of the Colony.

I do not now invite any expression of opinion on what is proposed, but when the Draft Ordinance is laid on the table, the subject can be fully disussed.

Mr. Whittall wished to make a remark with reference to the despatch just read. Some of the remarks of Earl Kimberley were, he thought, hardly called for. The Earl seemed to labour under an impression that the British merchants of Hongkong were interested in the coolie traffic. Now, this was not the case, and so long ago as 1867, he had joined the Chief Justice in opposing the Chinese Passengers' Act----

H. E. did not wish to interrupt the Hon. member, but he desired to point out that if any remarks were made now, they would lead to discussion. He did not of course know what the Hon. member was about to say, but this was not the time for discussing the question. As instructed, he would frame an ordinance, and when this was brought forward, there would be room for discussion.

Mr. Whittall said he did not desire to raise any discussion. He only wished to ask his Excellency if he would take steps to disabuse the mind of Earl Kimberley on the subject.

H. E. replied that he had already taken good care to do this. He was quite satisfied from inquiry that British merchants were not accomplices of the coolie trade.

H. E. the Governor proposed the second reading of The Sheriff's Ordinance 1873." The amount of Salary was not, B. E. observed, fixed, but that would be duly brought before the Council. The Ordinance was then read a second time and passed.

The Ordinance to abolish. Minimum Pun- ishment on Summary Convictions was also read and passed.

The Council was then adjourned sine die

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