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by His Excellency for a considerable time after it had been forwarded to him, they thought it unwise to alter the decision that had been come to at the special, and what the Committee considered a final, meeting held in December 1879, at any rate until after receiving a reply to their letter of the 13th May.
With regard to the charges brought against the Committee of omitting to bring to the notice of the public the Lease of the ground on which the City Hall stands and the minutes and correspondence relating to the Government Grant, the Committee have only to state that the whole of these documents were laid before the special meeting held in December and were fully discussed and considered thereat.
As from what His Excellency stated your Lordship might infer that these new rules were agreed to by a majority of one only, the Committee think it right to state that the following gentlemen were present at the meeting, viz.: Hon. W. Keswick (Chairman), Hon. W. H. Marsh, Hon. P. Ryrie, H. Hoppius, Esq., D. Ruttonjee, Esq., F. D. Sassoon, Esq., W. H. Forbes, Esq., His Honor the Chief Justice Sir John Swale, and His Lordship the Right Reverend Bishop Burdon, and that the new rules were agreed to by a majority of six to three. The only reason that the Committee did not discuss the second article of the basis of settlement was that they thought, as His Excellency had agreed to be bound by the majority at the meeting, that it was unnecessary to put on record that they considered that His Excellency was wrong in supposing that the original understanding with the Government had been departed from.
As your Lordship might suppose from His Excellency's speech that the meeting held in December was in consequence of the letter quoted by His Excellency as having been received by him from the Chief Justice, the Committee think it right to point out that the "basis of settlement" upon which alone the special meeting was agreed to and referred to in their letter to you of the 13th May, emanated from a totally different source, and that the meeting was held upon the plain understanding that His Excellency would feel bound by the vote of the majority present at that meeting.
In order to place the matter fairly before your Lordship and those interested in the City Hall and to refute the accusations contained in the Governor's speech, the Committee have laid all the facts and documents in their possession or of which they are cognizant before Mr. T. C. Hayllar, Q.C., in order to obtain a legal opinion as to the status of Mr. Ryrie and his co-lessees, and have printed the same as an addendum to their Annual Report which was issued in August last. A copy of that report and of the addendum containing the case laid before Counsel, with his opinion thereon, they enclose for your Lordship's information.
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With reference to the value of the ground upon which the City Hall stands His Excellency stated that it is valued at $70,000 or more. The only remark the Committee would make as to this is that the ground was claimed both by the Imperial and Colonial authorities, and that even if it were the sole property of the latter, they have precluded themselves, by the Leases granted to the holders of the adjoining lots to the westward, from selling for ordinary building purposes Lot No. 82, upon which the City Hall now stands; and even if it could have been sold in 1866 for ordinary purposes, its marketable value would have been under $10,000.
At the conclusion of His Excellency's speech at the Legislative Council he said:-
"The question now arises, whether we are to pay the rate-payers' money to these gentlemen who have no legal position whatever as far as the City Hall is concerned, who are violating every engagement they made to the Government, but above all, who are endeavouring at this time, in the nineteenth century, to retain in Hongkong the last little remnant of intolerance in the shape of their notice."
With reference to their legal standing, as your Lordship will see, the opinion of the only Queen's Counsel in the Colony is that the Committee have a perfectly legal position, and that it had up to the 19th September, 1879, always been recognised by the Government. As to their violating the engagement between them and the Government, Counsel states that in his opinion they have not done so; and finally, as to intolerance, as the Committee have already pointed out, the rules as to admission were made as much for the benefit of the Chinese as for that of Europeans, and that too after consultation with many of the most respectable Chinamen in the Colony. They would further add that no complaint whatever as to these rules ever reached them up to the time of their receiving the Colonial Secretary's letter on the 19th September 1879. That regulations such as those complained of are considered necessary in other places where the native population far exceeds the European, is shown by the fact that the following notice was at the time of the Governor's...
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by His Excellency for a considerable time after it had been forwarded to him, they thought it unwise to alter the decision that had been come to at the special, and what the Committee considered a final, meeting held in December 1879, at any rate until after receiving a reply to their letter of the 13th May.
With regard to the charges brought against the Committee of omitting to bring to the notice of the public the Lease of the ground on which the City Hall stands and the minutes and correspondence relating to the Government Grant, the Committee have only to state that the whole of these documents were laid before the special meeting held in December and were fully discussed and considered thereat.
Aa from what His Excellency stated your Lordship might infer that these new rules were agreed to by a majority of one only, the Com- mittee think it right to state that the following gentlemen were present at the meeting, viz.: Hon. W. Keswick (Chairman), Hon. W. H. Marsh, Jion. P. Kyrie, II. Hoppius, Esq., D. Kuttonjee, Esq., F. D. Sassoon, Esq., W. H. Forbes, Esq., His Honor the Chief Justice Sir John Swale, and His Lordship the Right Reverend Bishop Burdon, and that the new rules were agreed to by a majority of six to three. The only reason that the Committee did not discuss the second article of the basis of settlement was that they thought, as His Excellency had agreed to be bound by the majority at the meeting, that it was na- necessary to put on record that they considered that His Excellency was wrong in supposing that the original understanding with the Govern- ment had been departed from.
As your Lordship might suppose from His Excellency's speech that the meeting held in December was in consequense of the letter quoted by His Excellency as having been received by him from the Chief Justice, the Committee think it right to point out that the "basis of settlement" upon which alone the special meeting was agreed to and referred to in their lettor to you of the 13th May, emanated from a totally different source, and that the meeting was held upon the plain understanding that His Excellency would feel bound by the vote of the majority present at that meeting.
In order to place the matter fairly before your Lordship and those interested in the City Hall and to refute the accusations contained in the Governor's speech, the Committee have laid all the facts and docu- ments in their possession or of which they are coguisant before Mr. T. C.
}
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Hayllar, Q.C., in order to obtain a legal opinion as to the status of Mr. Kyrie and his co-lessees, and have printed the same as an addendum to A copy of that their Annual Report which was issued in August last. report and of the addendum containing the case laid before Counsel, with his opinion thereon, they enclose for your Lordship's information.
With reference to the value of the ground upon which the City Hall stands His Excellency stated that it is valued at $70,000 or more. The only remark the Committee would make as to this is that the ground was claimed both by the Imperial and Colonial authorities, and that even if it were the sole property of the latter, they have precluded themselves, by the Leases granted to the holders of the adjoining lots to the westward, from selling for ordinary building purposes Lot No. 82, upon which the City Hall now stands; and even if it could have been sold in 1866 for ordinary purposes, its marketable value would have been under $10,000.
At the conclusion of His Excelleney's speech at the Legislative Council he said:-
«The question now arises, whether we are to pay the rate-payers' money to these gentlemen who have no legal position whatever as far as the City Hall is concerned, who are violating every engagement they made to the Government, but above all, who are endeavouring at this time, in the nineteenth century, to retain in Hongkong the last little remnant of intolerance in the shape of their notice."
With reference to their legal standing, as your Lordship will see, the opinion of the only Queen's Counsel in the Colony is that the Committee have a perfectly legal position, and that it had up to the 19th September, 1879, always been recognised by the Government. As to their violating the engagement between them and the Government, Counsel states that in his opinion they have not done so; and finally, as to intolerance, as the Committee have already pointed ont, the rules as to admission were made as much for the benefit of the Chinese as for that of Europeans, and that too after consultation with many of the most respectable Chinamen in the Colony. They would further add that no complaint whatever as to these rules ever reached them up to the time of their receiving the Colonial Secretary's letter on the 19th September 1879. That regula- tions such as those complained of are considered necessary in other places where the native population far exceeds the European, is shewn by the fact that the following notice was at the time of the Governor'a
Dec.
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