CO129-190 - Governor Hennessy - 1880 [10-12] — Page 27

(2)

CASE SUBMITTED TO COUNSEL.

The Opinion of Counsel is requested by the City Hall Committee with reference to their position as regards the Government of Hong- kong.

The facts as to the way in which the Committee were elected are shortly as follows:-

In the year 1861 a meeting was held at the Hongkong Club to take into consideration a proposal for the erection of a building for purposes of Public Amusement in Hongkong. At this meeting, which was well attended, Mr. C. W. Murray was the Chairman, and he told those present that the Government had offered a piece of ground on the West Side of the Parade Ground upon part of which the Harbour Master's office then stood, provided that the Harbour Master's office was rebuilt upon an- other site. It was proposed that the necessary funds should be raised by the issue of shares representing one hundred dollars each. (A copy of the form of scrip is attached.)

A provisional Committee, consisting of Mr. Murray, Mr. Pollard and Mr. Owen, was appointed to obtain a Site and to collect funds. They had power given them to add to their number, and did so by associating with themselves a merchant (A. Turing) a Banker (H. Noble) and a member of the Government (W. H. Rennie).

Nothing appears to have been done publicly after that meeting until the 31st December 1863, when the Provisional Committee published a circular, which sets out (1) that an application for the site previously referred to bad with the consent of the Military authorities been for- warded by the local Government to the Secretary of State for the Colonies, (2) the space that would be at the Committee's disposal, (3) the urgency of the want that exists, (4) an application for funds. (A copy of the circular is attached.)

In May 1961 another public meeting was held at the Club con- voked by Mr. Murray for the Committee, and at the meeting it was announced that $15,000 had been collected, that the Committee proposed to add $35,000 by means of shares, and that Mr. Jardine had offered $50,000 at very low interest on condition that the former sum be made up. Resolutions were passed :—(1) That the retiring Committee be re- elected with power to add to their number and to supply vacancies, and authorising them to take all necessary measures for the completion of

( * )

the undertaking. (2) That the Committee be authorised to consider the proposal of Government as to site and rebuilding Harbour Master's office apart from the City Hall and to execute the necessary works. (3) That the further funds required should be raised by shares of $100 each, the liability of shareholders to be limited to the amount of their shares. (4) That the $50,000 worth of shares belonging to Mr. Jardine should be preferential and bear 5 per cent. interest &c. (5) That the Com- mittee be authorised to arrange for plaus and estimates. (6) That the Committee be authorised to make terms with the Chamber of Commerce and to reserve free accommodation for the Libraries of the Morrison and Funds were received Royal Asiatic Societies and of the Loudon Mission. by Mr. Murray on account of shares, and the latter were issued to the public.

A public meeting was held at the Club House on the 29th August 1566 (a copy of the advertisement is attached), at which it was decided. to accept Awah's tender and to proceed with the building at onCE, The foundation stone was laid by the Governor on the 23rd February 1867. The building Committee published their Report on the 26th June 1869, and a meeting was called for the 28th June 1869, at which the report was adopted and the accounts passed. At this meeting a new Committee was elected, consisting of, Mesars Keswick, Gibb, Pollard, Kresser, Berwick, Rowett and Holland,

It was proposed that this new committee should be empowered to look after the conduct, management and maintenance of the building, and further that the said Committee should be entrusted with the drawing up of rules or by-laws relating to the Theatre &c., and to call meetings, with power to fill up vacancies. As far as the Com- mittea are aware no Trust Deed vesting the building in Trustees bas ever been in existence, nor have they any means of knowing how the names of Messrs Turing, MeDouall and Ryrie came to be inserted in the Crown Lease of the land.

A copy of the Crown Lease and of all the minutes or documents that have been before the Committes with reference to the Govern- ment grant of $1,200, together with a copy of their Report in which the correspondence between them and the Government is set out, are also submitted herewith.

Attached will be found copies of such correspondence as the Com- mittee possess with reference to the payment of the Government Grant.

25

Dec.