CO129-259 - Governor Sir Robinson - 1893 [5-8] — Page 214

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

Documents on the issue I think the three Reports (the majority Report signed by Messrs. Lockhart, Hokai & May and that of W. Whitehead) give a true history of the facts of the case, & I have pencilled in the margin of those Reports where I differ from or agree with their several recommendations. They all agree in generally supporting the main objects of the Ordinance as passed; but Mr. Whitehead in his Minority Report, & in his Protest (in 13438) urges amendment in certain points, of which I think he is most certainly in the right.

I submit that ss. 6 & 9 give the Board of Direction, of which the Registrar General is only the President with a casting vote, absolute power, uncontrolled by the Governor. The Governor cannot interfere by dismissing a member or members of the Committee (see s. 15) or by repealing this Ordinance (see s. 14). With Messrs. Chater & Whitehead, I do not agree that the Registrar General ought not to be a Member of the Committee, because there are manifest practical advantages in his being present at their discussions. But if he is President, I agree with Mr. Chater that he ought not to be able to reverse decisions of the Committee by his veto. The veto ought to rest with the Governor, and the solution of the difficulty seems to me contained in the suggestion made on p. vice- the Majority Report, viz. that there should be a right of appeal to the Governor in cases of difference of opinion between the President & Committee (such as arose in par. 24 question; see also Mr. Whitehead's protest in 13438).

There is no need to specify the President "cases might arise." A question, such as whether girls may be officially given as second wives to a Chinaman, such a question ought not to be decided by a majority of the Committee. I direct that the Ordinance be amended by adding such words as - "provided that in any case in which the Board is divided in opinion any member may demand that the point be referred to the Governor for his decision which shall be final," and s. 6 by inserting after "hereinafter" the words "subject to an appeal to the Governor in certain cases as provided."

The other point in which the

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Documents on the issue I think the three Reports (the majority Report signed by Messrs. Lockhart, Hokai & May and that of W. Whitehead) give a true history of the facts of the case, & I have pencilled in the margin of those Reports where I differ from or agree with their several recommendations. They all agree in generally supporting the main objects of the Ordinance as passed; but Mr. Whitehead in his Minority Report, & in his Protest (in 13438) urges amendment in certain points, of which I think he is most certainly in the right. I submit that ss. 6 & 9 give the Board of Direction, of which the Registrar General is only the President with a casting vote, absolute power, uncontrolled by the Governor. The Governor cannot interfere by dismissing a member or members of the Committee (see s. 15) or by repealing this Ordinance (see s. 14). With Messrs. Chater & Whitehead, I do not agree that the Registrar General ought not to be a Member of the Committee, because there are manifest practical advantages in his being present at their discussions. But if he is President, I agree with Mr. Chater that he ought not to be able to reverse decisions of the Committee by his veto. The veto ought to rest with the Governor, and the solution of the difficulty seems to me contained in the suggestion made on p. vice- the Majority Report, viz. that there should be a right of appeal to the Governor in cases of difference of opinion between the President & Committee (such as arose in par. 24 question; see also Mr. Whitehead's protest in 13438). There is no need to specify the President "cases might arise." A question, such as whether girls may be officially given as second wives to a Chinaman, such a question ought not to be decided by a majority of the Committee. I direct that the Ordinance be amended by adding such words as - "provided that in any case in which the Board is divided in opinion any member may demand that the point be referred to the Governor for his decision which shall be final," and s. 6 by inserting after "hereinafter" the words "subject to an appeal to the Governor in certain cases as provided." The other point in which the
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documenti suice I think the three Reports (the majority Report signed by Messrs. Lockhart, Hokai & May Report of I. (hater & that of W. Whitched) tive history of qism between them give a true history of the facts of the case, & I have pencilled in the margin of Mose Reports where I differ from or agree with their several recommendations. They all agree in in generally supporting KA Distancenes the main the main objects. most of the provisions of as passed; the Ordinance bat M. Whitehead in his Jurgen Report, & in his Protest (in 13438) urges Witsamendment in certain points, of which I think he is regards most certainly in the righet. A-1 Isubmit that ss. 649 give the Board of Direction of which the Registran General is only the President with casting vote within a absolute power, uncontrolled fathered by the Registrar General, by the Governor. The Governor canong interfere by dismissing a member or member of the Committes (last sentime 1.5) or by repeating this Ord (see s.th). with Missrs. (hater I do not agree + Whitshend that the Registion General ought not to be a Member of the Committen manifest practical because there are advantages in his being present at their discussions. But if he is President 2.1.8. they br pou between the Eulogy of the Majnity Res & the condemn W. White the Committer, Jagree with Hi Chater that he ought not to be able to reverse decisions of the Committee by The veto ought to rest his veto. with the Governor, and the solution of the difficulty J. vii / 210 seems to me contained in the suggestion made on p. vice- the Majority Report, vis that ther in President & Committer should have the right of appeal to the Governor for mistquce cases of difference of opinion (Such par. 24 question; Sen of tw. Ws protest in 13438 There is no need to Specify the President " cases might arise. question, which comer or whether girls may as later will arise, be officially given second wives to a Chinam. such a question th and unofficial estion aught not to be decided y Seve "majority of Chinamen ? Direct that the Ordinance be amended, by addrig such words as - some 5.9. " provided that Booster member any case which the wonder in " divided in opinions any of the F Board Lee may demand that shall. every to ༢མ་ཡི་ the point be referred to the Govern "for his decision which an in "Such case be final"," and s. 6 by inserting after "Junpares theres " hereinafter the words "subject to an appeal to thin Govenor in certain cases as "provided." The other point in which the
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documenti suice I think the three

Reports (the majority Report signed by Messrs. Lockhart, Hokai & May Report of

I. (hater & that of W. Whitched)

tive history of qism between them give a true history of the facts of

the case,

& I have

pencilled in the margin of

Mose

Reports where I differ from or agree with their several recommendations.

They all agree in

in generally supporting

KA Distancenes the main

the main objects.

most of the provisions of

as

passed;

the Ordinance bat M. Whitehead in his

Jurgen

Report, & in his Protest (in 13438) urges Witsamendment in certain points,

of which I think he is

regards

most certainly in the righet.

A-1

Isubmit that ss. 649 give the Board

of Direction

of which the Registran

General is only the President with

casting vote

within

a

absolute power, uncontrolled

fathered by the Registrar General,

by the Governor. The Governor canong interfere by dismissing a member

or member of

the Committes (last sentime

1.5) or by repeating this Ord (see s.th).

with Missrs. (hater

I do not agree

+ Whitshend that the Registion General ought not to be a Member of the Committen manifest practical

because there

are

advantages in his being present at their discussions. But if he is President

2.1.8. they br pou

between the

Eulogy of the Majnity Res & the condemn W. White

the Committer, Jagree with Hi Chater that he ought not to be able to reverse decisions of the Committee by The veto ought to rest

his veto.

with the Governor, and the solution of the difficulty

J. vii / 210

seems to me contained

in the suggestion made on p. vice- the Majority Report, vis

that ther

in

President & Committer should have the right of appeal to the Governor

for mistquce cases of difference of opinion (Such

par. 24 question;

Sen

of tw. Ws protest in

13438

There is no need to

Specify the President

"

cases might arise.

question, which comer or whether girls may

as

later will arise,

be officially given

second wives to a Chinam. such a question th

and

unofficial estion aught not to be decided

y

Seve

"majority of Chinamen

? Direct that the Ordinance be

amended, by addrig

such words as -

some

5.9.

" provided that

Booster

member

any case which the wonder in " divided in opinions any

of the F

Board Lee may

demand that

shall.

every

to

༢མ་ཡི་

the point be referred to the Govern "for his decision which an in "Such case be final"," and s. 6 by inserting after "Junpares theres " hereinafter the words "subject to an appeal to thin Govenor in certain cases as "provided."

The other point in which the

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