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1.
NOTES OF SUGGESTED AMENDMENTS.
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Association" for the protection of honest people" is too comprehensive a title for an associa tion of this kind.
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2. I think the word "unlawfully" should be inserted before the word "brought," otherwise the proposed scope of the association's operations would bring it into conflict with the law.
3. I presume "maintained" is intended. The association could have no power to detaiu.
4. It is very doubtful how far the detailed arrangements here specified" are such as Government could properly countenance. To avoid difficulties, I think this passage should be made general thus: "Association will endeavour to make suitable provision for their welfare."
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5. I should think that this ought to be limited to the Colony. powers it is intended to confer upon the management; but, as a matter of principle, if any special police It depends upon what sort of powers are to be given at all, persons outside the Colony should have no voice in directing them.
6. This article seems to me to involve a serious question, viz., whether this Government could properly give official recognition in any degree to agencies working outside the Colony, particularly where the work of such agencies is specially likely to bring them into conflict with foreigners.
7. I think this article might be omitted. The reference to the "purchase of property and other important public matters" is vague, and apt to raise false inferences as to the powers of the association. 8. This article" is, I think, inadmissible. Whatever countenance the Government may give to the association as being one intended for a good purpose, it certainly should not assume any responsibility for the lawfulness of the acts of the association.
9. There is, I think, an objection to recognizing the publication of Ordinances by any one except the Government itself. The Government should be described as the Government, not as the English Government.
(Draft Rules sent with foregoing.)
RULES FOR THE SOCIETY FOR THE PROTECTION OF WOMEN AND CHILDREN,
1. The object of the Society is to assist in the suppression of the crime of kidnapping, and to provide for the rescue and restoration of kidnapped women and children.
2. The Society shall consist of subscribers of ten dollars, residents in the Colony.
3. The Society shall have an office in Hongkong,
4. The affairs of the Society shall be managed by a Committee of ten members, who shall be
residents in the Colony.
5. The Committee shall be elected annually.
6. Members of the retiring Committee will be eligible for re-election, but no member can be a member of the Committee for more than three years in succession.
7. The names of members elected on the Committee must be submitted to the Governor within a week of the election, and upon the Governor notifying to the Committee his objection to any member whose name is so submitted, such member shall cease to be a member of the Committee, and the Com- mittee may themselves elect another member of the Society in his place, subject in the same way to the
Governor's objection.
8. The Committee shall elect from amongst its members a President, a Vice-president and a Treasurer.
9. The President or Vice-president or Treasurer and two other members shall form a quorum of the Committee.
10. There shall be an annual meeting of the Society to be held at the office in the month of .............. 11. At the annual meeting, the election of the Committee shall take place, and the outgoing Committee
shall present a report of its proceedings for the preceding year, including a complete statement of the Hinancial position of the Society, duly audited.
10. The effect of this' would be apparently to make the Government responsible for the audit of bringing to justice of persons guilty of kidnapping and kindred offences. The Society will also endea-
the accounts.
11. This article" provides for a body of private detectives to be armed with the powers of con stables and to exercise such powers not under the inmediate supervision and control of the Government. I do not know of a precedent for any delegation of police functions of this character. An Ordinance to provide for it would, I think, be unconstitutional. All that might be required might, perhaps, be secured by telling off a few constables to perform special duties in aid of the association's inquiries, but even this would have to be very cautiously guarded.
12. This is" a matter with regard to which the Government should keep a complete discretion so far as the law leaves it in its own hands.
13. According to our law, persons or associations who exceed their powers are dealt with by the law, and the Government cannot enter into any understanding beforehand by which it might appear that it either could or would control the operation of the law.
14. These rules, if amended in accordance with the foregoing notes, would require no Ordinance to give them effect, nor do I understand that it is contemplated by the Governor to do more than give countenance and assistance to an association conducting its operations subject to the existing law, and having for its object to assist and watch the operation of that law so as to make it as effectual as may be for the suppression of kidnapping.
15. This should be omitted. "
16. This article is subject to the observations in note 11. "
17. Handed over "to justice" would be the right way to express this."
12. The Society will endeavour by correspondence and inquiry to assist in the detection and vour, by the establishment of a Home in Hongkong, to provide temporary accommodation for destitute women and children who may be rescued from illegal custody. The Society will also endeavour to restore rescued women and children to their relatives, and in the case of those who are friendless, to make such provision as may be proper for their welfare.
13. Detective and other constables may, from time to time, be placed at the service of the Society upon such conditions as may be sanctioned by the Governor.
14. Detectives and Constables employed by the Society shall act only under written instructions signed by the President or Vice-president of the Society.
15. The Committee first elected shall appoint two of their number to be trustees, and such trustees shall be the lessees of any Crown Lease granted by the Government to the Society for the purpose of a Home. In case of the death of a trustee, the Committee for the time being shall elect one of its mem- hers to take his place.
16. The Committee may, from time to time, make and revoke rules for the management of the affairs of the Society; such rules being submitted for the Governor's approval before they are put into [operation.
In rule 1.
flule 11.
bin rule 4.
A Rule 12.
In rule 5.
* Rule 13.
A Refers to rule 6.
7 Rule 37.
e Refers to rules 7 and 8.
m Rule 18.
Refers to rule à.
Rule 19.
Refers to rule 20.
Refers to rule 5 in the second list of
rules.
Refers to rule in the second list of
rules.
r Refers to rale 11 of the second list.
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Private notes are available after approval.