CO129-297 - Governor Sir Blake - 1900 [1-3] — Page 125

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

Criminal Enquiry -

Action containing very similar provisions have recently been passed in each of the F. M. S. The papers regarding them (3225) are at present in circulation, but I annex a copy of the Negri Sembilan enactment II of 24 of which Sections 2-7 confer Powers of holding compulsory enquiry on the Secretary for Chinese affairs.

Mr Whitehead V.M.L.C. has preferred protest against the Ord as being inquisitorial in character & a piece of dangerous Class Legislation : & tries to show that the Gov't is to blame for the unwillingness of the Chinese to come in & Register their land because they have never offered them inducements to do so.

Mr Lockhart in his memorandum appears to me to answer Mr Whitehead's contentions, & it is a strong point in favour of the Ord: that both the Chinese members of the Leg: Council voted for the Ordinance - the operations of which has at their suggestion been limited to two years.

I assume that all persons sentenced to fine or imprisonment under this Ordinance are at liberty to appeal under Part II of The Magistrates Ord : 10 of 1890, if so I see no reason why the Ord: should not be sanctioned.

[su $525 T.C.M 2/3 for H. Hamilton.]

I think Mr Lockhart's memorandum effectively disposes of Mr Whitehead's protest against this Ordinance. I agree with Mr Lockhart's conclusion that there would be an appeal against the decision under Magistrates Ordinance. Reference is made to the fact that the English Magistrates Ordinance 1870 is specially applied (sec. 3) therefore although there is a penalty provided for any offence...

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Criminal Enquiry - Action containing very similar provisions have recently been passed in each of the F. M. S. The papers regarding them (3225) are at present in circulation, but I annex a copy of the Negri Sembilan enactment II of 24 of which Sections 2-7 confer Powers of holding compulsory enquiry on the Secretary for Chinese affairs. Mr Whitehead V.M.L.C. has preferred protest against the Ord as being inquisitorial in character & a piece of dangerous Class Legislation : & tries to show that the Gov't is to blame for the unwillingness of the Chinese to come in & Register their land because they have never offered them inducements to do so. Mr Lockhart in his memorandum appears to me to answer Mr Whitehead's contentions, & it is a strong point in favour of the Ord: that both the Chinese members of the Leg: Council voted for the Ordinance - the operations of which has at their suggestion been limited to two years. I assume that all persons sentenced to fine or imprisonment under this Ordinance are at liberty to appeal under Part II of The Magistrates Ord : 10 of 1890, if so I see no reason why the Ord: should not be sanctioned. [su $525 T.C.M 2/3 for H. Hamilton.] I think Mr Lockhart's memorandum effectively disposes of Mr Whitehead's protest against this Ordinance. I agree with Mr Lockhart's conclusion that there would be an appeal against the decision under Magistrates Ordinance. Reference is made to the fact that the English Magistrates Ordinance 1870 is specially applied (sec. 3) therefore although there is a penalty provided for any offence... 3L(x)-12435--2000-3-9922317-3000-10-99 Page 122
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Criminal Enquiry - haction containing very similar pussisions have recently been passed in each the F. M. S. The J hapers regarding them (3225) are at present in circulation, but I annex a copy of the negri Sembilan buactment II of 24 of which Sections 2-7 confer Powers of holding compulsory engling on the Secretary for Chinare affairs. a arem Mr Whitehead V.M. L. C. has preuarded protest against the Ord as being inquisitoure in character & a piece of dangerous Class Legislation : & tries to show that the Gov't to blame for the unwillingner of the Chinese im repering to come in & Register their landh because they have never offered them inducements to do so. any Mr Lockhart in his memorandum affean to me Mr Whitehead's contentions, & it is a strong point in favour of the Ord: that both the Chinese members of the Leg: Council voted for to dispose of practically all My herewith 3L (x)-12435--2000-3-99 22317-3000-10-99 the Ordinance - the operations of which has at their suggestion been limited to two years_ 122 I assume that all persons seuletired to price or imprisonment under this Ordi- nauce are at liberty to affert under Part II of The Magistates Ord : 10 of 1890, 9 8 if so I see no reason why the Ord: should not be sauctioned [su $525 T.C.M 2/3 für H. Hamilton. I thrich tur Lockbutsturma candum effectively dispone of Max White rends protest againd this Adinance. Jaque with Crykamagilis conclusion that there would he av ap peab panthe decision savy meation tate under Mais odmenes. Referen of Both dungishates Ordinanco 1870 is specially applies (sec. 3) cecrore Ittest Athough incor 3 thee is a penalty provides for any ense į
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Criminal Enquiry -

haction containing very similar pussisions have

recently been passed in each

the F. M. S. The

J hapers regarding them (3225) are at present in circulation, but I annex a

copy of

the

negri Sembilan buactment II of 24 of which Sections 2-7 confer Powers of holding compulsory

engling

on the Secretary for Chinare affairs.

a

arem

Mr Whitehead V.M. L. C. has preuarded protest against the Ord as being inquisitoure in character & a piece of dangerous Class Legislation : & tries to show that the Gov't to blame for the unwillingner of the Chinese im repering to come in & Register their landh because they have never offered them

inducements to do so.

any

Mr Lockhart in his memorandum affean

to me Mr Whitehead's contentions, & it is a strong point in favour of the Ord: that both the Chinese members of the Leg: Council voted for

to dispose of practically all

My herewith

3L (x)-12435--2000-3-99

22317-3000-10-99

the Ordinance - the operations of which

has at their suggestion been limited to two years_

122

I assume that all persons seuletired to

price or imprisonment under this Ordi-

nauce

are at liberty to affert under

Part II of The Magistates Ord : 10 of 1890,

9

8 if so

I see

no reason why the Ord:

should not be sauctioned

[su $525

T.C.M 2/3

für H. Hamilton.

I thrich tur Lockbutsturma

candum effectively dispone of Max White rends protest againd this Adinance. Jaque with Crykamagilis

conclusion that there would he

av ap

peab panthe decision savy meation tate under Mais odmenes. Referen

of

Both dungishates Ordinanco 1870 is specially applies (sec. 3)

cecrore

Ittest Athough incor 3

thee is a penalty provides for any ense

į

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