[ { "id": 255248, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-089 - Public Offices - 1862", "page_number": 402, "title": "CO129-089 - Public Offices - 1862", "content_text": "proper to recognize the right of such Jove in the Colonies, without some \nlegislation giving as much Security to the public as is afforded by the restrictions contained in the Royal Charters for incorporating Colonial Banks.\n\nYour Obedient Servant \nThee \nSun. 2 Rozen \n\nI have left this further half-in \nliability Banks over referring in general but it has not yet avoided. Pending its final arrangements Letter forth the for Teller might be waiting for E-limited.\n\nPage 399 \nseat in the for. of Ray Tony with reference \nto ba-Lufalt 11852_instructing lis rescinding the Proclamation of 17. \nheft. 1082 30 for Ki lipa 217. \nBuntist Faris Bank is concerned. \ncommenting a copy of the extract by the Agent What Pank?? \nUrdube \nI sent its the \"separate communication\" letter Transmitting official laws to the state that Local Legis may pass laws to regulate in which Grant Stock Banking Companies incorporated in England do their business in the Colony. \nJe in cuiiilation camz \nIt must kan Uhren upon it _(you\" Colonial Journal! H", "txt_file_path": "txt/2diw2n4r2/CO129-089 - Public Offices - 1862.txt", "external_url": "", "rank": 0 }, { "id": 257740, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 297, "title": "CO129-095 - Public Offices - 1863", "content_text": "The Colonial Treasurer and the Collectors of Colonial\n\nto receive the Notes of the Bank, revocation could have exposed The Bank & sufferers injury from the distrust that it would have\n\nthe public, the Bank's request His\n\nGrace to defer\n\ninganateral i\n\nthe minds of\n\n6.65\n\nto\n\nthe transmission of such instructions until they have\n\nopportunity of laying before\n\nYour Lordship full explanation on the points on\n\nwhich\n\nYour Lordships appear to have formed an adverse opinion to the Bank, which the Directors were confident they should\n\nbe able to\n\nThey have the following remarks to\n\nrespectfully\n\naddress\n\nto Your Lordships which we\n\nbeg to do.\n\nWe feel's letter after acknowledging the receipt of His Grace's letter states, that your Lordships have no objection to the recognition of the Notes of the\n\n\"Chartered Bank\n\nof\n\nIndia, Australia,\n\nand China \"etc.\n\nthat the Agra\n\nBank\n\nwas Incorporated by Royal Charter and they presume that the paragraph in question\n\nhad reference to the Charter of\n\nthe Agra Bank\n\nand the Charters of the Oriental Bank and the \"Chartered Mercantile Bank\" - but it will be found on\n\nreference\n\nto the charters of the three Banks in question, that the only distinction is, that the Charter of the Agra Bank conferred unlimited liability to the shareholders, whereas the Charters of The Oriental Bank and of the Chartered Mercantile Bank limited the liability of the Shareholders of those Banks to double the amount of\n\ntheir shares.\n\nThe Charters of all three Banks were alike.\n\nHer Majesty\n\nwith the prerogative, and the Agra Bank only obtained limited liability by subsequently registering itself under the 21 & 22 Vict. Cap 91\n\npermitting limited liability to Banking Companies, and it is competent\n\nfor\n\na Bank\n\nincorporated\n\nby Royal Charter to obtain limited liability.\n\nThe Directors would have inferred from that paragraph of Mr. Peel's letter, if it had stood alone, that your Lordships\n\nconsidered\n\nthat\n\n\"The Agra and United Service Bank Limited\" was not incorporated by Royal Charter, but the next paragraph of Mr. Peel's letter informs His Grace that your Lordships received from the Bank of India, Australia, and China on the 5th of August 1851 \"a petition praying for the\n\ngrant of a supplemental Charter authorizing them to issue\n\nNotes in\n\nHer Majesty's Colonies on the ground that -\n\nunder the Charter of Incorporation they possessed that power\", so that it appears that your Lordships\n\nwere aware\n\nthat\n\nthe other Banks had\n\nprovisions\n\nin their Charters\n\nto issue Notes.\n\nIt appears by the Draft of a supplemental Charter by the Bank to the Board of Trade dated 30th January 1861, that\n\nit was not stated in\n\nthe Ground of the petition\n\nin Mr. Peel's letter \"that they had ascertained whether under their Charter of Incorporation the Bank possessed the power\" but that their Charter contained\n\nexpress power\n\nto do so, which their Solicitor had advised them to obtain because there was\n\nsome doubt.\n\nsuch\n\nexpress power\n\nwas found\n\nin the Charters of the other Banks alluded to, but as His Majesty's Attorney & Solicitor General were clearly of opinion upon\n\nthe\n\nquestions\n\nbeing submitted to them upon a case, that the\n\nAgra\n\n...\n\nPage 293", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 257741, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 298, "title": "CO129-095 - Public Offices - 1863", "content_text": "Agra Bauch had the power in question, the Beaut of Durch did not-ful justified in meusing the expense and delay of attaining ... / le supplemental Charter, and instatested us inthetraw H. Pelihar we did, bo ch verbully at the Office of the Board of shacte \" where the petition had bean presented, I by letter W. Borth dated the 28th Fact 1861. The Directors to b. tr. 2 Сале Ur Peel's letter stating that Aptect to a petition the surprised at the paragraphe your Lovershops compliance with the prayer of the :quorends statect in a letter from te Hanculton to W. Broth bearing clate the 13th Aug t to Mr Harwelton's Celter to።\n\nOr refring Broth, the Board of Ducaton puid it there stated that though your Lordships are that Hell proposes and undoubted regters 1 cleard 61- in grant Charters canty virtue of Her peerogation to grant Incorporation for Banking Companies to busef any of Hell's possessions, youx Lordships would not have to th agreed grant of such extended powers to this Bunt, of yout Lordships tout been consulted on the subject, and there for your Lordships con litrof consent to th extension of the powers prayed for in the petition – Ok. спас estuck you Lordships to the grant of the Charte Lendships Your have refused to суча appears to have brow that that the powers contained in Aris Copy of while letter hamarmittat by Feel to the Dube of-Nervcastle and forvantest by сраста That Copy is the fout 4 only intimation couch the Deric. Son સત elly b BIL Boud of 01 aunti lvės, اریخ کچھ been have ever received that your Lordships hand any such objection of it had bown communicatedly Beauet of Duretors, they woult respectfully submitted.\n\nk-1ks / your Lordships the eprision of the Law Officers of the frown, wi outer to satisfy your Loudships that the Quaction in petitioning for the supplementul Charter word not asking for any greater powers then the stritly intitled to, and activilly prossosul under than original charter.. Bank war Co We Pal procents to state that whicken the has the legal power of yourning. Notes Bank выс or not, the peusons whch led Lordships to decline t recommend the q участв your the supplemental charter, would ludo Loudships to object to the receipt of the Notes at the Colonial Treasury and by Collectors the Colomine Purme at Hory Kong.\n\nOn A the Charter to cany business elsewhere than in England ?\" intended to apply to betonnial Bankrige But the Dereitos humbly, vention to reminds your Lordships that the Charter has been granted mitice of Her action that Roy H.. ૩૬. prerogative and has been actest repon by and influential اسة کے al large Evely of Her Majesty's subjects influential brody of who have integrity en lan heal a large caputat it out in its which they have hitherto most hourably and Sacapfully done, as testified by the high Comuncial position which the Bank occupies, large purmunir which its shares command The Mercy DM Secl and 12 th. + Market. procento вы обедётся that the outablishment of sonal Banks under the Banking Compasses top with listed lintility, reusters that-crelers shoubt be joins to the Governors of frown felonies to abstain from authinging the receipt of the Bande yapt those incoparated by Royal Chester, in thout Vokes of any th", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 257742, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 299, "title": "CO129-095 - Public Offices - 1863", "content_text": "the previous sanction of H.M. Government,\n\nstates that your Lordships consider\n\nby Sect. 152 of 25-4-26 and cap 54, Parliament has made a special provision, continuing unlimited liability with respect to the issue of Notes in the Banking Companies,\n\nit would not-\n\nof such legislative\n\nas\n\nis afforded in\n\nthe United Kingdom by\n\nvery restricted\n\nproper to\n\nCompanies limited the\n\nright recognised\n\nin the Colonies, without securing as much security to the public\n\nas is\n\ncontained in\n\nthe Royal Charters for incorporating several\n\nBanks\n\n4.1.\n\nthe Agra & Master Bank Limited is incorporated by Royal Charter, & the Directors\n\nhave adopted the restrictions contained in the Charter of other Colonial Banks, the Board of Directors most respectfully submit that those Remarks\n\nare not applicable to this Bank.\n\non conclusion most respectfully beg your Lordships under the circumstances to signify to the Duke of Aberdeen the approval of your Lordships to the receipt of\n\nthe Notes of this Bank at the Colonial Treasury and by the Collectors of Colonial Revenue at Hong Kong, and a copy of the Board of\n\nDirectors will be\n\nhappy\n\nto wait upon your Lordships and give your Lordships all such\n\nfurther information\n\nas your Lordships may require if your Lordships will please to peruse the report\n\nUptons, Johnson & Upton.\n\nCopy\n\n1138.\n\nGentlemen\n\nTreasury Chambers\n\n19th January 1863\n\nI am directed by the Lords Commissioners of Her Majesty's Treasury\n\nto acquaint you that My Lords have received a letter, dated the 6th Instant, from Messrs Uptons Johnson & Upton, the Solicitors of the Agra\n\nand United Service Bank, relative to the receipt of the Notes of the Bank at the Colonial Treasury and by the Collectors of Colonial Revenue at Hong Kong, though containing satisfactory explanations regarding your proceedings, leaves the fact of the Caisse by which My Lords have been governed untouched.\n\nIn the reference made in the letter of this department of the 15th ultimo to Banks incorporated by Royal Charter,\n\nthere was a slight inaccuracy.\n\nThe Directors of the Agra & United Service Bank.\n\nMy Lords", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 257831, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 388, "title": "CO129-095 - Public Offices - 1863", "content_text": "the government in the Colony of Hong Kong\n\nhave to observe that the\n\nexplanations afforded tend to confirm the impression at first entertained by my Lord, so far as the conduct of the directors is concerned, regarding the proceedings taken in reference to the Royal Charter of the corporation. And although the objective which may now be entertained as to the recognition of its Birth as a Colonial Bank seems substantially unchanged, They are disposed to think that consideration is due to an institution\n\nof\n\n384\n\nundoubted stability which has come\n\ninto a position of difficulty in Hong Kong\n\nthrough\n\na course\n\nof proceedings... originating in a misunderstanding\n\nIt is right too to observe that the objection entertained by the Board to the grant of a\n\nsupplemental Charter authorizing the Agra and Masterman's Bank to carry on the business of Banking\n\nin the Colony was based more on the consideration of the pledges given by Her Majesty's government with regard to granting Charters to Banking Companies for the Australian and other Colonies\n\nPage 384\n \nhas been kept as is, assuming it was part of the original scan delineating page metadata. The text has been reformatted into paragraphs, and spelling errors have been corrected. Missing words have been indicated where necessary, and spacing issues have been addressed. The original text's structure and content have been preserved as much as possible.", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 257832, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 389, "title": "CO129-095 - Public Offices - 1863", "content_text": "in the East Indies without the previous consent of the Local Governments them on the position of the Bank in a Crown Colony-\n\nas respects the East Indies the objection has been waived by the government of India in the recognition of the Bank as well\n\nEstablished Institution - such as the\n\ninvidious question before this Board refers only to the position which the Bank should be allowed to hold within the Colony of Hong Kong\n\nUnder these circumstances\n\nthey are willing to withdraw their objection to the receipt of the sterling drafts and specie by the Bank\n\nto be held at Hong Kong - provided that the Bank will engage to submit to the regulations which are imposed by the Royal Charters of the Corporation in the case of Colonial Banks - regarding the publication of returns of circulation, the denomination of Notes issued, the maintenance of a reserve equal to one third of the circulation and the inspection of the reserves by the government\n\nPage 385", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 257838, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-095 - Public Offices - 1863", "page_number": 395, "title": "CO129-095 - Public Offices - 1863", "content_text": "by Royal Charter, without the previous sanction of Her Majesty's Government, and be \n\nLordships consider that-\n\nadds \n\nas \n\nthat \n\nyour \n\nby Section 182 of \n\n24 & 25 Vict: c. \n\n89 \n\nrespect of \n\nParliament has made a special provision \n\ncontinuing unlimited Liability \n\nthe issue of \n\nnotes in the \n\nwe \n\nUnited Kingdom \n\nsterling as \n\nCompanies \n\nby Banking Companies, registered limited, it would not be proper to recognise the right of such issue in the Colonies, without much security to the public afforded by the restrictions and regulations giving \n\nas \n\nis \n\ncontained in \n\nas \n\nthe Royal Charters for-- \n\nincorporating Colonial Banks. \n\n\"The Hong Kong & Shanghai Banking Corporation Limited\" is incorporated by Royal Charter, \n\nand the Directors have adopted the restrictions \n\nwill be happy to wait upon your Lordships \n\nand give \n\nall such further information as \n\nyour Lordships may require if your Lordships \n\nwill please to \n\n...\n\nM \n\n(Signed). \n\nUpton, Johnson, Upton.\n\ncontained in the charters \n\nof Colonial Banks, the Board \n\nof \n\nthe \n\nother Directors \n\nmost respectfully submit that those remarks \n\nare \n\nnot applicable to this Bank.\n\nWe \n\nare \n\nrestricted \n\nin conclusion most \n\nrespectfully to beg your Lordships under \n\nthe \n\ncircumstances of the case \n\nto signify to \n\nthe Duke of Newcastle your Lordships' assent to the receipt of the Notes of this Bank at the Colonial Treasury and by \n\nthe Collectors of Colonial Revenue at Hong Kong \n\nDeputation of the Board of Directors", "txt_file_path": "txt/2diw2n4r2/CO129-095 - Public Offices - 1863.txt", "external_url": "", "rank": 0 }, { "id": 284454, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-149 - Lieut Governor Whitfield - 1871 [1-4]", "page_number": 349, "title": "CO129-149 - Lieut Governor Whitfield - 1871 [1-4]", "content_text": "# Chinese Passenger Ordinance, 1871\n\nNo Power is apparently conferred to modify or affect in any way the Body of the Act which contains all the machinery for enforcing the observance of whatever Regulations may be in force for the time being, whether they be the original Regulations of Schedule 4 of the Act, or Regulations substituted by the Colonial Legislature.\n\nConsequently, the Master of a Chinese Passenger Ship proceeding upon a Voyage of less than Thirty days duration under this Ordinance, will still be compelled to enter into the Bond of £1,000 prescribed by Section 7 of the **\"Chinese Passengers Act, 1855.\"** As, however, the main object of the Ordinance is to enable British Ship-owners to make Charters for the conveyance of Chinese Laborers, who although under no Contracts of Service, are mostly persons belonging to the very poor and ignorant classes, it is indispensable that some guarantee should still be exacted for the due observance of the new Regulations, though, had it been possible to reduce the amount of such guarantee, it would perhaps have been desirable to do so.\n\nIt is upon the above view of the Powers of the Colonial Legislature, that the **\"Chinese Passenger Ordinance, 1871\"** has been framed.\n\nThe Preamble explains the object of the Measure.\n\n## Sections of the Ordinance\n\nSection 11 adopts the Interpretation of terms contained in the Imperial Act as far as necessary for the purposes of the Ordinance.\n\nSection III strictly defines the application of the Ordinance as regards British and Foreign Ships, and contains a Proviso inserted for the purpose of obviating any doubts which might arise in the minds of Ship-masters as to whether the exception in the Imperial Act of Voyages not exceeding Seven days duration remains in force.\n\nSection IV defines by reference to a Schedule, the Voyages to which the Ordinance applies. Other Ports may be added to the List by a Proclamation of the Governor of Hongkong declaratory of the Duration of Voyages under Section II of the Imperial Act.\n\nSection V substitutes the Regulations contained in Schedule B of the Ordinance for those of Schedule A of the Imperial Act and for other Provisions contained in Local Ordinances and Proclamations.\n\nSection VI is explanatory as to the continuance of the Provisions of the Imperial Act, except as modified by the substitution of the New Regulations for Voyages not exceeding Thirty days.\n\nSection VII contains the usual Suspending Clause.\n\n## Schedules\n\n| Schedule | Description |\n| --- | --- |\n| Schedule A | defines the Voyages to which the Ordinance applies. It has been prepared with reference to the rate of speed of Steamers, and to the conditions of the Monsoon as regards Sailing Vessels, and the List of Ports which it includes shows how important this measure is likely to prove to the Shipping interest. |\n| Schedule B | contains the New Regulations, which have been framed after much consideration and consultation with all those who were most likely, from their local experience and other qualifications, to give useful advice and assistance in carrying out the wishes of the Secretary of State. |\n| Schedule C | contains a Form of Certificate to be issued by the Emigration Officer adapted to the Provisions of the Ordinance. As to the Power of the Hongkong Legislature to vary the Form of the Certificate, see Section IV of the Imperial Act. |\n\n## The Regulations of Schedule B\n\nArticle 1 commences by providing that the Master shall be furnished with a Copy of the Ordinance. In other respects this and the two following Articles are framed upon Rules 2 and 3 of Schedule A of the Imperial Act, with a few additions.\n\nArticle 4 deals with the accommodation of Passengers. As to space, 9 superficial and 54 cubical feet between Decks, and 4 superficial feet on Deck, are allowed, as in the Straits \"Passengers Act,\" for each Adult. The height prescribed between Decks is 6 feet, which is a foot more than allowed in the Straits \"Passengers' Act.” Other useful Provisions are inserted in this Article.\n\nArticle 5 relates to Deck Passengers. It will be observed that the Permission to carry Deck Passengers at all is discretionary, and that the conditions upon which the Permission is to be granted are subject to revision by the Secretary of State. There can be no doubt however that in fine weather the Deck Passengers are much better off than the others, and the Rules laid down in this Article will prevent exposure to wet and to the sun, as well as over-crowding.\n\nArticle 6 deals with the question of Provisions. The Scale adopted was recommended by Mr. Consul PEDDER. It will be seen that all the suggestions contained in Earl GRANVILLE'S Despatch and Enclosures in relation to this subject have been carried out.\n\nArticle 7 relates generally to the contents of the Emigration Officer's Certificate, and provides among other things for a sufficient supply of suitable Medicines. As the Doctor is dispensed with, the Scale of Medicines will probably be very simple, and will be left to the discretion of the Emigration Officer assisted by the Medical Adviser to be employed under Article 9.\n\nArticle 8 relates to the mustering and examination of Passengers. It is framed on Section VI of Schedule 4 of the Imperial Act and provides a check against any malpractices, in the shipment of Coolies. Contracts of Service, if any, will be examined and if unfair the passenger may be landed, as under the Imperial Act.\n\nArticles 9 and 10 empower the Emigration Officer to employ a Marine Surveyor and a Medical Man without whose assistance he could not possibly fulfil the Duties which will devolve upon him; and also to fix a Scale of Fees for their Remuneration subject to the approval of the Secretary of State.\n\nThe Fees of Professional Persons vary so much in different places that it would be hopeless to attempt to fix a general Scale which would secure efficient assistance to the Emigration Officer.\n\nArticle 11 regulates the Fees of the Emigration Officer. These Fees are also subject to revision by the Secretary of State.\n\nArticles 12 and 13 give Power to detain the Ship for non-Payment of Fees or for Fraud in the Particulars delivered. A similar Provision was inserted in `Ordinance No. 4 of 1870`, Section IX.\n\nArticle 14 corresponds to Rule 5 of Schedule A of the Imperial Act.\n\nArticle 15 is intended as a further check against any Deception or Misconduct. On arrival at the Port of Destination and at any Port of Call, the British Authorities on the spot can inspect the Vessel and her Papers and report to the Emigration Officer at the Port of Departure any suspicious circumstances which may have come to their notice.\n\nArticle 16 - It was thought desirable to introduce this Provision in the Regulations, but I doubt whether it comes within the Terms of the Power delegated by the Imperial Parliament, namely, \"to make Regulations respecting Chinese Passenger Ships\" especially as the Imperial Act itself defines who shall be deemed to be Emigration Officers. Should this Article be considered “ultra vires\" it will of course be indispensable to the working of the Ordinance when approved of by the Secretary of State, that British Consuls or other Persons at the Ports in China be appointed Emigration Officers at the same time that the Royal Confirmation of the Ordinance is communicated to this Government.\n\nI may mention in conclusion that the Draft of this Ordinance has been published in the `Hongkong Gazette` for some time, and so far as can be ascertained, its Provisions meet with the approval of British Ship-owners and of those who advocate their interests in China.\n\nIt is hoped, therefore, that Earl GRANVILLE'S injunction that the Ordinance should be framed \"so as to secure adequately the interests of the Passengers no less than the Ship-owners'\" will be considered to have been carried out.\n\n**JULIAN PAUNCEFOTE,**\nAttorney General.\n\nPage 345\n3 of April 2nd, 1870.", "txt_file_path": "txt/2diw2n4r2/CO129-149 - Lieut Governor Whitfield - 1871 [1-4].txt", "external_url": "", "rank": 0 }, { "id": 285433, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-152 - Lieut Governor Whitfield - 1871 [9-10]", "page_number": 47, "title": "CO129-152 - Lieut Governor Whitfield - 1871 [9-10]", "content_text": "46\n\n! \n\nNo Power is apparently conferred to modify or affect in any way the Body of the Act which contains all the machinery for enforcing the observance of whatever Regulations may be in force for the time being, whether they be the original Regulations of Schedule of the Act, or Regulations substituted by the Colonial Legislature.\n\nConsequently, the Master of a Chinese Passenger Ship proceeding upon a Voyage of less than Thirty days duration under this Ordinance, will still be compelled to enter into the Bond of £1,000 prescribed by Section IV of the \"Chinese Passengers Act, 1855.\" As, however, the main object of the Ordinance is to enable British Ship-owners to make Charters for the conveyance of Chinese Laborers, who although under no Contracts of Service, are mostly persons belonging to the very poor and ignorant classes, it is indispensable that some guarantee should still be exacted for the due observance of the new Regulations, though, had it been possible to reduce the amount of such guarantee, it would perhaps have been desirable to do so.\n\nIt is upon the above view of the Powers of the Colonial Legislature, that the \"Chinese Passenger Ordinance, 1871\" has been framed.\n\nThe Preamble explains the object of the Measure.\n\nSection 1 adopts the Interpretation of terms contained in the Imperial Act as far as necessary for the purposes of the Ordinance.\n\nSection I strictly defines the application of the Ordinance as regards British and Foreign Ships, and contains a Proviso inserted for the purpose of obviating any doubts which might arise in the minds of Ship-masters as to whether the exception in the Imperial Act of Voyages not exceeding Seven days duration remains in force.\n\nSection IV defines by reference to a Schedule, the Voyages to which the Ordinance applies. Other Ports may be added to the List by a Proclamation of the Governor of Hongkong declaratory of the Duration of Voyages under Section II of the Imperial Act.\n\nSection V substitutes the Regulations contained in Schedule B of the Ordinance for those of Schedule A of the Imperial Act and for other Provisions contained in Local Ordinances and Proclamations.\n\nSection VI is explanatory as to the continuance of the Provisions of the Imperial Act, except as modified by the substitution of the New Regulations for Voyages not exceeding Thirty days.\n\nSection VII contains the usual Suspending Clause.\n\nSchedule A defines the Voyages to which the Ordinance applies. It has been prepared with reference to the rate of speed of Steamers, and to the conditions of the Monsoon as regards Sailing Vessels, and the List of Ports which it includes shows how important this measure is likely to prove to the Shipping interest.\n\nSchedule B contains the New Regulations, which have been framed after much consideration and consultation with all those who were most likely, from their local experience and other qualifications, to give useful advice and assistance in carrying out the wishes of the Secretary of State. I will presently offer some explanatory remarks upon these Regulations, in which it will be seen that all the suggestions of Sir T. MURDOCH have been adopted.\n\nSchedule C contains a Form of Certificate to be issued by the Emigration Officer adapted to the Provisions of the Ordinance. As to the Power of the Hongkong Legislature to vary the Form of the Certificate, see Section IV of the Imperial Act.\n\nThe Regulations of Schedule B.\n\nArticle 1 commences by providing that the Master shall be furnished with a Copy of the Ordinance. In other respects this and the two following Articles are framed upon Rules 2 and 3 of Schedule A of the Imperial Act, with a few additions. Article 4 deals with the accommodation of Passengers. As to space, 9 superficial and 54 cubical feet between Decks, and 4 superficial feet on Deck, are allowed, as in the Straits \"Passengers Act,\" for each Adult. The height prescribed between Decks is 6 feet, which is a foot more than allowed in the Straits \"Passengers' Act.\" Other useful Provisions are inserted in this Article. Article 5 relates to Deck Passengers. It will be observed that the Permission to carry Deck Passengers at all is discretionary, and that the conditions upon which the Permission is to be granted are subject to revision by the Secretary of State. There can be no doubt however that in fine weather the Deck Passengers are much better off than the others, and the Rules laid down in this Article will prevent exposure to wet and to the sun, as well as over-crowding.\n\nArticle 6 deals with the question of Provisions. The Scale adopted was recommended by Mr. Consul PEDDER. It will be seen that all the suggestions contained in Earl GRANVILLE'S Despatch and Enclosures in relation to this subject have been carried out.\n\nArticle 7 relates generally to the contents of the Emigration Officer's Certificate, and provides among other things for a sufficient supply of suitable Medicines. As the Doctor is dispensed with, the Scale of Medicines will probably be very simple, and will be left to the discretion of the Emigration Officer assisted by the Medical Adviser to be employed under Article 9.\n\nArticle 8 relates to the mustering and examination of Passengers. It is framed on Section VI of Schedule A of the Imperial Act and provides a check against any malpractices, in the shipment of Coolies. Contracts of Service, if any, will be examined and if unfair the passenger may be landed, as under the Imperial Act.\n\nArticles 9 and 10 empower the Emigration Officer to employ a Marine Surveyor and a Medical Man without whose assistance he could not possibly fulfil the Duties which will devolve upon him; and also to fix a Scale of Fees for their Remuneration subject to the approval of the Secretary of State.\n\nThe Fees of Professional Persons vary so much in different places that it would be hopeless to attempt to fix a general Scale which would secure efficient assistance to the Emigration Officer.\n\nArticle 11 regulates the Fees of the Emigration Officer. These Fees are also subject to revision by the Secretary of State.\n\nArticles 12 and 13 give Power to detain the Ship for non-Payment of Fees or for Fraud in the Particulars delivered. A similar Provision was inserted in Ordinance No. 4 of 1870, Section IX.\n\nArticle 14 corresponds to Rule 5 of Schedule 4 of the Imperial Act. Article 15 is intended as a further check against any Deception or Misconduct. On arrival at the Port of Destination and at any Port of Call, the British Authorities on the spot can inspect the Vessel and her Papers and report to the Emigration Officer at the Port of Departure any suspicious circumstances which may have come to their notice. Calcutta is one of the Ports of Destination under this Ordinance, and the Term \"Emigration Officer\" in the \"Chinese Passengers Act, 1855\" only applies to Officers appointed by the Governor of a British Colony, and \"Colony\" does not include the Government of India. Hence the use of the words \"Officer appointed by the local Government\" in this Article.\n\nArticle 16.-It was thought desirable to introduce this Provision in the Regulations, but I doubt whether it comes within the Terms of the Power delegated by the Imperial Parliament, namely, \"to make Regulations respecting Chinese Passenger Ships\" especially as the Imperial Act itself defines who shall be deemed to be Emigration Officers. Should this Article be considered \"ultra vires\" it will of course be indispensable to the working of the Ordinance when approved of by the Secretary of State, that British Consuls or other Persons at the Ports in China be appointed Emigration Officers at the same time that the Royal Confirmation of the Ordinance is communicated to this Government.\n\nI may mention in conclusion that the Draft of this Ordinance has been published in the Hongkong Gazette for some time, and so far as can be ascertained, its Provisions meet with the approval of British Ship-owners and of those who advocate their interests in China.\n\nIt is hoped, therefore, that Earl GRANVILLE's injunction that the Ordinance should be framed \"so as to secure adequately the interests of the Passengers no less than the Ship-owners'\" will be considered to have been carried out.\n\nJULIAN PAUNCEFOTE,\nAttorney General,\n\nNo. 53 of April 2nd, 1870.", "txt_file_path": "txt/2diw2n4r2/CO129-152 - Lieut Governor Whitfield - 1871 [9-10].txt", "external_url": "", "rank": 0 }, { "id": 288839, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-159 - Sir Kennedy - 1872 [9-12]", "page_number": 212, "title": "CO129-159 - Sir Kennedy - 1872 [9-12]", "content_text": "Nov. 18, 1872.] \n\nTHE LONDON AND CHINA TELEGRAPH. \n\nMETALS. IRON-Welsh: Rails, £10 5s. to £11. Bars, £10 10s. to £11. Staffordshire Best: Bars, £11 10s. to £13; Nail Rods, £11 10s. to £13; Hoop, £13 to £14 10s.; Sheets, £15 to £17, Scotch Pig, No. 1, £5 to £6; Swedes, Bars, Hammered, £16 10s. to £17. Swedes, Steel in kegs, and in., £18. \n\nYELLOW METAL. Sheets, 14 by 4 ft., 7¾d. to 8d.; Sheathing and Rods, 7¼. to 8 d. per lb. \n\nTIN-English Refined, £150. Tin Plates: Charcoal 1 C, per box, 42s. to 43s. Coke, 35s. to 42s. \n\nLead-WB. £22; do., other brands. £21 10s.; Spanish soft, ex ship, £20 10s.; Sheet, £22 10s. to £22 15s.; Shot (kegs extra), £23 15s. to £24 10s.; White, do., £27 10s. to £30; Red do., £5. \n\nSPELTER. Silesian, £23 10s.; English, smelted from ores, £23 10s. QUICKSILVER.-In bottles of 75 lbs. each, £12 15s. \n\nMessrs. French and Smith's Circular says:-Iron continues to droop, Copper is firm, with an upward tendency, Tin Plates quiet, Lead very firm, Spelter firm. \n\nWOOLLEN AND WORSTED GOODS. The current quotations in the Leeds market for Woollens and Worsteds rule as follows, showing a slight advance upon the rates recently current:- \n\nSpanish Stripes, 62 in., 19 yards, Elephant Chop, 3s. 9d. per yard for scarlet; Long Ella, 80/81 in., 24 yards, Lion Chop, 34s. per piece for scarlet; Camlets, best SS, 30/31 in., 58 yards, Elephant Chop, £23 6s. per piece for scarlet; Lastings, 31 in., 30/31 yards, Lion Chop, 70s. per piece for gentian; Brocades, 31 in., 29 yards, Half Moon Chop, 24s. 6d. per piece for scarlet. \n\nDate, \n\nShip \n\nShipping Intelligence. \n\n \n Date\n Ship\n Captain\n From\n At\n \n \n Sept 2\n Hugo and Otto\n Rickert\n Macao\n Hong Kong\n \n \n 29\n Ramdan\n Hoffmann\n Macao, de.\n Do.\n \n \n Oct.\n Donglas Castle\n \n \n \n \n \n Nov. 7\n Edmund Gressier\n Picard\n Callao\n Lancivion\n \n \n 8\n Triton\n Atison\n Amoy\n Do.\n \n \n 7\n Vier Gebroeders\n Kuhank\n Do.\n Tlo.\n \n \n 9\n Cerea\n Edn\n \n \n \n \n 7\n Veritas\n GVeritas\n New York\n Indon\n \n \n \n Ajax\n \n Colombo\n Cooper\n \n \n \n Matchless\n \n Do.\n Warson\n \n \n 8\n Corona\n \n \n Mucho\n \n \n \n Heros\n \n Rangoon\n Morris\n \n \n 8\n Savernake\n \n \n Oostrum\n \n \n 4\n Tony\n \n Batavia\n Batavia\n \n \n 13\n Carmarthenshire\n \n Manila\n Stahre\n \n \n \n \n Kidd\n China, Sing.\n \n \n \n 18\n Queen of the West\n Juslin\n Colombo\n Gorette\n \n \n 11\n Contest\n \n Java\n Schomer\n \n \n \n \n \n Maulmain\n \n \n \n \n \n \n Plymouth\n Brouwershaven\n \n \n \n \n \n St. Nazaire &c.\n S.C.London\n \n \n \n \n \n Queenstown\n Hamburg\n \n \n \n \n \n \n Liverpool\n \n \n \n \n \n \n Cuxhaven\n \n \n \n \n \n \n London\n \n \n \n \n \n \n Cuxhaven\n \n\nARRIVALS. \n\n \n Date\n Ship\n Captain\n From\n \n \n Nov.\n Strathclyde (s.)\n \n Queenstown\n \n \n 8\n Chanticleer\n \n Texel\n \n \n \n Carnarvonshire\n \n Falcaouth\n \n \n 8\n Battistina\n Pearson\n From\n \n \n \n \n Taylor\n Rangoon\n \n \n \n Revello\n Brown\n \n \n\nDEPARTURES. \n\n \n Date\n Ship\n Captain\n For\n \n \n Nov.\n Manзon\n \n Cardiff & Yokohama\n \n \n \n \n Willing\n London\n \n \n \n Glaucus (s.)\n \n Colombo, de..via S.C.\n \n \n \n Prins Hendrik (s.)\n \n Do.\n \n \n 10\n Confidenza\n \n 'Chefoo & Tientsin...\n \n \n \n \n \n Do.\n \n \n \n Sansone\n \n Singapore\n \n \n 12\n Terces\n Picasso\n Hong Kong\n \n \n Sept 29\n Hong Kong\n Icibson\n New port\n \n \n Oct. 5\n San Juan\n Crubiaga\n Newcastle\n \n \n 8\n Peruan\n \n Batavia\n \n \n Nov 18\n Earl Canning (s.)\n \n Singapore, Java, &c.\n \n \n \n \n \n Liverpool\n \n\nVESSELS PASSED THE SUEZ CANAL. \n\n \n Steamer\n From\n For\n \n \n Galley of Lorne\n \n \n \n \n \n Sing, China, &c.\n Emiliano\n \n \n \n Manila\n London\n \n \n \n \n Liverpoot\n \n\nLOADING. \n\nAt LONDON,--STEAMERS VIA SUEZ CANAL-For Penang, Singapore Hong Kong, Shanghai, and Yokobama: Craigforth. For Penang, Singapore, Hong Kong, and Shanghai: Glenroy. For Colombo, &c. : Hindoo. \n\nSAILING VESSELS.- For Yokohama: Osaka, Eliza Shaw. For Yokohama and Hiogo: Glamorganshire. For Hiogo: Hanover. For Shanghai: Maitland, Sir Lancelot. For Hong Kong: Undine, James Shepherd. For Batavia, Samarang, and Sourabaya: Frederik Petersen. For Batavia and Sourabaya: Capiolaní. For Singapore and Saigon: Chas Collett. For Singapore and Sarawak: Aurigs. For Singapore: Rosedale. For Saigon Doriga. For Colombo: Palestine, W. H. Harkness, Granville. For Colombo, &c. Elizabeth Ana. \n\nAt LIVERPOOL. -For Yokohama and Hiogo: Royal Minstrel. For Penang, Singapore, Hong Kong, and Shanghai (via S.C.): Deucalion (str.), Sarpedon (str.). For Singapore, Batavia, Samarang, and Sourabaya (via S.C.): Danube (str.). \n\nAt GLASGOW.-For Penang, Singapore, Hong Kong, and Shanghai: Gleulyon (str.). For Batavia and Sourabaya: County of Argyle. \n\nSPOKEN. \n\n \n Ship\n Route\n Coordinates\n \n \n TAMPSA\n Manila to London\n 35 9., 26\n \n \n YALSGRIF\n Manila to Falmouth\n Oct, 15 10 N., 22 W.\n \n \n LEUCADIA (ship)\n Shanghai to London\n Sept. 22, 35 S., 21 E.\n \n \n ZRAFLUIR (?)\n from Sourabaya\n Sept. 11, 31 8, 96 E.\n \n \n AURORA\n Batavia to Amsterdam\n Oct. 1, 19 S., 2 W.\n \n \n OLEANDER (barque)\n Ajuda (Portugal) to Galle\n Oct. 9, 6 N., 22 W.\n \n \n LEICESTER\n Shanghai to London\n Aug. 7, 13 N., 132 E.\n \n \n SOPHIA AND ELLA\n Liverpool to Singapore\n Oct. 14, 9 N., 25 W.\n \n \n JASON\n Rotterdam to Batavia\n Oct. 6, 8 N. (1), 23 W.\n \n \n INDUSTRIE (Dutch ship)\n Rotterdam to Batavia\n Sept. 24, 18 8., 29 W.\n \n \n ZREBLOEM\n Batavia to Amsterdam\n Sept. 11, 31 S., 86 E.\n \n \n NORTHAMPTON (ship)\n Shanghai to London\n 8 N., 108 E.\n \n\nFREIGHTS AND CHARTERS. \n\nOutward berth freights have not improved since our last issue, and rates rule as mentioned below. Coal freights are somewhat firmer. There is but little doing in homeward chartering, excepting from Ceylon. \n\nCurrent Rates of Freight for Vessels on the Berth. \n\nPer STEAMERS VIA SUEZ CANAL-TO Yokohama: 70s. meast. To Hiogo: 85s. meast. To Nagasaki: 85s. meast. To Shanghai: 50s. meal. To Foochow : 85s. meast. To Hong Kong: 45s. meast. To Chefoo: 85s. meast. To Manila: 85s. meast. To Singapore and Penang 40s. meast. To Sourabaya and Sourabaya: 80s. meast. To Batavia: 75s. meast. To Padang. 55s. meast. To Saigon 80s. meast. To Colombo: 35s. meast. \n\nPer SAILING VESSELS.--To Yokohama: 45s. weight, 10s. meast. To Hiogo: 50s, weight or meast. To Shanghai: 35s. weight, 40s. meast. To Hong Kong: 35s. weight, 30s. meast. To Chefoo and Tientsin: 45s. weight or meast. To Singapore: 30s, weight, 25s. meast. To Penang-weight, meast. To Samarang: 32s. 6d. weight, 25s. meast. To Batavia: 20s weight, 25s, meast. To Sarawak : 35s. weight, 40s. meast. To Sourabaya: 27s. 6d. weight, 20s. meast. To Colombo: 25s. weight, 20s. meast. To Saigon : 10s. weight, 35s. meast. \n\n£25 to £25. \n\nThe current quotations for coal, &c., are as follows:-From Wear or Tyne per keel.-To Yokohama: £40. To Shangbai: £42 10s. To Hong Kong: £36. To Batavia, Samarang, and Sourabaya: £24 to £25. To Singapore: £25 to £26. To Penang : —. To Galle: £24 \n\nFrom Newport, Cardiff, or Swansea, per ton.-To Yokohama: 40s. to 12s. 6d. To Shanghai: 45s. To Hong Kong: 38s. to 34s. To Manila: 30s, to 32s. 6d. To Singapore: -. To Galle: 21s. \n\nFrom Birkenhead, per ton.---To Shanghai: 35s. To Hong Kong: 27s. 6d. To Manila: - To Singapore: -- To Galle \n\nInsurances. \n\n21s. \n\nBy steamers via S.C., or sailing vessels, f.p.a.:-To Yokohama, steamer 35s., ship 40s.; to Shanghai, steamer 30s., ship 40s.; to Hong Kong, steamer 25s., ship 35s.; to Singapore, steamer 20s. ; ship 25s. to 27s. 6d. \n\nThe Admiralty have invited lenders for the conveyance of 88 tons of stores to Hong Kong. \n\nCASUALTIES. \n\nThe Queen Victoria (barq.), of Dublin, Quinn, from Cardiff to Japan, was spoken by the Royal Standard (str.), fifty miles S. W. of Ushant, Nov. 9, with mainpiece of rudder gone, and in want of assistance: an offer was made to tow her for £1,500, which was declined. \n\nThe Louise, Vogelsang, from Amsterdam to Batavia, with a general cargo, was brought into Sheerness Nov. 12, by the Mary Ann (smack), of Colchester, which reports having saved her from going ashore on the Sunk. \n\nMISCELLANEOUS. \n\nThe Olive, Clark, which vessel sailed from Liverpool, Nov. 2, for Singapore, put back to the former port on the 8th, but proceeded for her destination on the 16th. \n\nThe Committee of Lloyds will be glad of any information respecting the Kentville, Ross, which is reported to have sailed from Liverpool, 20th March, for Hong Kong. \n\nMESSRS. A. STEPHEN AND SONS have launched from their works at Linthouse, on the Clyde, a large guard propeller steamer named the Pow An, which is intended for the Hong Kong, Canton, and Macao passenger trade. She is built on the principle of the American river steamers, having, however, an iron instead of a wooden hull, and a large projecting promenade deck. She is 250 feet long, of 150-horse power, and draws a light draught of water. \n\nTus Beethoven, one of the newly established line of steamers from Marseilles to New Caledonia, will leave, via Suez Canal, to-morrow, calling at Galle and Batavia. \n\nConfidential. \n\nMINUTE. 22 \n\nreply to your despatch \" Confidential\" of the 15th Feb? lost, I have to convey to you my approval of the course you adopted with respect to T. F. Rice; late Assistant Superintendent of Police in Hongkong.", "txt_file_path": "txt/2diw2n4r2/CO129-159 - Sir Kennedy - 1872 [9-12].txt", "external_url": "", "rank": 0 }, { "id": 291352, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-164 - Sir Kennedy - 1873 [7-9]", "page_number": 31, "title": "CO129-164 - Sir Kennedy - 1873 [7-9]", "content_text": "# \n## iv\n\nIn other cases, such as administration suits, suits to take partnership accounts, suits for specific performance, and suits for foreclosure or redemption, it is often known from the first what order must be made upon the hearing of the cause. In many such suits, notwithstanding improvements recently introduced, the proceedings are still conducted as they are in suits involving a real question as to the plaintiff's right to relief. Considerable delay is thus caused, and useless costs are incurred.\n\nIn all suits, we think, should be commenced by a document to be called a **Writ of Summons**, and these writs of summons should be issued from one office. In all cases in which the plaintiff seeks to recover a money demand, whether founded upon a legal or equitable right, the practice established by the **Common Law Procedure Act, 1852**, should, we think, be adopted and the writ should be specially endorsed with the amount sought to be recovered, and in default of appearance the plaintiff should be allowed to sign judgment for it. Further, in all cases in which a special endorsement has been made on a writ, and the defendant has appeared, the plaintiff should be entitled, on affidavit verifying the cause of action, and swearing that in his belief there is no defence, to take out a summons to show cause why he should not be at liberty to sign judgment; upon which summons such order may be made as the justice of the case may require.\n\nIn like manner, in cases of ordinary account, as in the case of a partnership or executorship, or ordinary trust account, where nothing more is required in the first instance than an account, the writ should be specially endorsed, and in default of appearance, or after appearance, unless the defendant shall satisfy a Judge that there is really some preliminary question to be tried, an order for the account, with all usual directions, should be forthwith made. The Judge should also be empowered at any time, on summary application in Chambers or elsewhere, to direct, if he thinks fit, any necessary inquiries or accounts, notwithstanding it may appear that there is some special or further relief sought, or some special matter to be tried, as to which it may be proper that the suit should proceed in the ordinary manner.\n\nWhen the Defendant enters an appearance, and the suit has to proceed further, the issues between the parties must be ascertained by pleading, or otherwise. The systems of pleading now in use, both at Common Law and in Equity, appear to us to be open to serious objections. Common Law pleadings are apt to be mixed averments of law and fact, varied and multiplied in form, and leading to a great number of useless issues, while the facts which lie behind them are seldom clearly discoverable. Equity pleadings, on the other hand, commonly take the form of a prolix narrative of the facts relied upon by the party, with copies or extracts of deeds, correspondence, and other documents, and other particulars of evidence, set forth at needless length. The best system would be one, which combined the comparative brevity of the simpler forms of Common Law pleading with the principle of stating, intelligibly and not technically, the substance of the facts relied upon as constituting the plaintiff's or the defendant's case, as distinguished from his evidence. It is upon this principle that most modern improvements of pleading have been founded, both in the United States and in our own colonies and Indian possessions, and in the practice recently settled for the Courts of Probate and Divorce.\n\nWe recommend that a short statement constructed on this principle, of the facts constituting the plaintiff's cause of complaint, not on oath, to be called the **Declaration**, should be delivered to the defendant. Thereupon the defendant should deliver to the plaintiff a short statement, not on oath, of the facts constituting the defence, to be called the **Answer**. When new facts are alleged in the **Answer**, the plaintiff should be at liberty to reply. The pleadings should not go beyond the reply, save by special permission of a Judge; but the Judge should, at any stage of the proceedings, permit such amendment in or addition to the pleadings as he may think necessary for determining the real question or controversy between the parties, upon such terms, as to costs and otherwise, as he may think fit.\n\nWe think, that a defendant, having a right or claim against a plaintiff with reference to the subject matter of the suit, or arising out of the same transaction, which at present he cannot enforce without a separate or cross action or suit, should be at liberty to bring forward such right or claim by his **Answer**, which, in that case, should have the same effect as if it were a declaration in a cross action or suit, so as to enable the Court or a Judge to pronounce a final judgment between the parties with respect both to the original and to the cross demand. The same principle might, we think, be extended to the recovery of other demands of the defendant, capable of being set off against the plaintiff's demand, when the balance is in favour of the defendant. But a Judge should be empowered, on application by the plaintiff before trial, to refuse permission to allow such cross right or claim to be brought forward, if he shall be of opinion that it cannot conveniently be adjudicated upon in the case to be tried.\n\nWe think also, that the Court should have power to direct that any person not originally a party to the suit, but who may have such an interest in the subject matter thereof as to make his presence necessary or expedient to enable the Court to do complete justice, should be summoned to attend the further proceedings and be bound thereby; and that, with this view, the plaintiff should be at liberty to make any person, against whom he may conceive himself to be entitled to relief, a party defendant to the suit. And, on the other hand, that, where the defendant is or claims to be entitled to contribution or to indemnity or other relief over against any other person or persons, or where from any other cause it shall appear to the Court, fit that a question in the suit should be determined, not only as between the plaintiff and defendant, but as between the defendant and any other person, the Court should have power to make such order as may be proper for the purpose of having the question so determined.\n\n## 8\nThe Draft of a Code for the Supreme Court of Hongkong which I have prepared consists of One hundred Sections, divided into Five Parts and Twenty Chapters. It deals in consecutive order with the proceedings in a suit from its institution to the final decree, and is mainly compiled from Imperial Acts and Local Ordinances, the Code of Civil Procedure of India, the Rules of Her Majesty's Supreme Court for China and Japan, and the Report of the Royal Judicature Commission. It will be observed that in the margin of each Section there is a reference to the Act, Ordinance, Code, or Rule, from which it is adopted, so that any detailed explanation of its Provisions is unnecessary.\n\n## 9\nIn accordance with one of the recommendations of the Royal Judicature Commission, the Code provides that all Suits shall be commenced by **Writ of Summons**, and the practice of issuing Writs specially endorsed has been retained and extended to many cases in which this Summary Remedy has not hitherto been applied.\n\n## 10\nPart IV relates to special suits, and under the head of **Foreign Attachment**, the Provisions of `Ordinance No. 2 of 1855`, have been entirely remodelled, and many of its defects have been remedied. It also provides a simple Procedure for suits against the Government, suits of **Mandamus**, suits on **Bills of Exchange** and suits `in forma pauperis`.\n\n## 11\n`Section XCIX` provides for the amendment of the Code by a resolution of the Legislative Council whenever it may be deemed expedient, without having recourse to the passing of a new Ordinance for that purpose; and although by `Section IV`, all the Imperial Acts and Local Ordinances relating to Procedure now in force in the Colony are suspended, power is reserved to the Court to apply any of those enactments in the event of any case arising, for which no special provision may have been made; and the Code will, I trust, be found to comprise nearly all the reforms and improvements which have been suggested by recent Legislation and discussion, both in England and in India, on the subject of Legal Procedure.\n\n## V\n\n## 12\nThe Appendix contains two additional Draft Ordinances. The first provides for the abolition of the **Court of Summary Jurisdiction** and confers upon the Supreme Court a Summary Jurisdiction at Law and in Equity. The second provides for the reconstitution of the Supreme Court and the appointment of a **Puisne Judge**. Those two Ordinances, if approved of and adopted, should be passed simultaneously with the Code, in order that the three measures may be brought into force `uno flatu`.\n\nHongkong, June, 1878.\n\n**JULIAN PAUNCEFOTE, Attorney General**.\n\n## 23", "txt_file_path": "txt/2diw2n4r2/CO129-164 - Sir Kennedy - 1873 [7-9].txt", "external_url": "", "rank": 0 }, { "id": 294198, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-168 - Sir Kennedy - 1874 [9-12]", "page_number": 168, "title": "CO129-168 - Sir Kennedy - 1874 [9-12]", "content_text": "(29)\n\nSection VIII has been already enacted in the Colony as Ordinance No. 1 of 1874. In paragraph 2, the words \"out of the Colonial revenue,\" have been substituted by direction of the Secretary of State, for the words \"out of moneys to be provided by the Imperial Parliament.\" Section IX has not hitherto been brought into force here. Section X is intended to be in substitution of Ordinance No. 9 of 1872, which applies to foreign ships paragraph 329 of the Merchant Shipping Act, 1854. The last mentioned section has now been repealed by the Merchant Shipping Act of 1873, and the clauses now introduced have been substituted for it in the United Kingdom.\n\nChapter III purposes to effect certain changes in the constitution and powers of Marine Courts. As provided by Ordinance No. 11 of 1860, such Court must at present consist of no less than five persons, one of whom must be a Police Magistrate, one the Harbour Master, one an unofficial Justice of the Peace, and the remaining two of whom shall be other persons who shall be both or either of them Government Marine Surveyors or Master Mariners. The utility of this constitution may well be doubted, and for the purposes of the enquiries for which Marine Courts are constituted, the three persons mentioned in paragraph 1, would seem to be sufficient. It should also be mentioned, that under instructions from the Secretary of State, one Commissioned Officer in the Royal Navy at least is required to sit on Marine Courts. The powers proposed to be conferred on the Court by paragraph 4, are such as it has not hitherto exercised. They are the same as are now possessed by Naval Courts sitting in distant parts of the world by the Act of 1854, paragraph 203. The want of such powers here has, on more than one occasion, caused practical inconvenience. Chapter IV extends the powers conferred upon the Board of Examiners by Ordinance No. 17 of 1860, to the examination and certifying of engineers.\n\nAt the time this Ordinance came into operation, ships were not required, as now, to carry certificated engineers. Chapters V, VI, and VII demand no comment or explanation. Chapter VIII is not at present in operation within the Colony, although its provisions, which are founded on certain sections in the Merchant Shipping Act of 1867, are such as ought no doubt to be extended here.\n\nParagraph 5 of Chapter IX purposes to extend certain provisions of the Merchant Shipping Act, 1854, relating to the offences of British seamen, to seamen employed on board of foreign ships while in these waters. Under the law as it at present stands, the Government has been unable to assist Masters of foreign ships who have had trouble with their seamen, except in cases where actual mutiny has broken out. This state of things has not infrequently given rise to complaints on the part of foreign Consuls and others who have been placed in great difficulties from their inability to deal with insubordinate crews who have stopped short of actual mutiny. It will be seen, however, that by paragraph 7, the operation of the whole section may be suspended in regard to the ships of any foreign nation at the request of its Consul.\n\n## PART II\n\nBy Chapter I of this part, the regulations which by Ordinance No. 1 of 1863, were confined to a certain portion of the Colonial waters there defined as the \"harbour,\" are now extended to the whole of those waters. Much inconvenience has been felt on more than one occasion from vessels anchoring in Colonial waters outside the prescribed limits, and thus while taking advantage of the port, keeping free of its necessary regulations. On the other hand, no advantage has arisen from confining the operation of regulations to a portion of the Colonial waters, which, beyond doubt, under the circumstances of this Colony, are equally applicable to the whole. Section XXIII of that Ordinance has, therefore, been omitted, and the words \"waters of the Colony\" substituted for the word \"harbour\" throughout the chapter. An interpretation of the term \"waters of the Colony\" has, to prevent doubts arising on the point, been inserted in the preliminary portion of the Ordinance.\n\nSections XXIV and XXVI of the same Ordinance (No. 1 of 1863) are also omitted as the powers therein specially conferred, are to all intents and purposes contained in paragraphs 3 and 4 of section XXII of the proposed enactment. This Governor possesses the authority purporting to be conferred by section XXV of No. 1 of 1862, independent of the legislature, and that is, therefore, likewise repealed.\n\nParagraph 3 of section XXII is new. Situated as this Colony is, the prevalence of small-pox, or other virulent contagious, or infectious disorder at a neighbouring port, is a matter very material to be known, and it is felt to be one of too much importance to be left to the discretion of ship masters to report or not.\n\nPage 166", "txt_file_path": "txt/2diw2n4r2/CO129-168 - Sir Kennedy - 1874 [9-12].txt", "external_url": "", "rank": 0 }, { "id": 310524, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-196 - Public Offices & Others - 1881", "page_number": 101, "title": "CO129-196 - Public Offices & Others - 1881", "content_text": "98\n\nMy Lords agree with the Secretary of State of late, that provision should be made in the new Hongkong Ordinance to save the issue of one dollar notes by the Bank, subject to existing restrictions or limitations.\n\nIt is difficult to act now for certain provisions should be found in one Ordinance but should be wanting in other Ordinance.\n\nMy Lords submitted to you 14889 and also to the condition of withdrawal in the event of Government issuing a dollar note.\n\nThey are glad to have had Their attention called to the point of reissue of notes. There is so much variation in the details of Royal Charters regulating Banking in the Colonies, that it is often difficult to follow.\n\nIn the amended clauses, which they sent in their letter of 19th August, They intended to follow generally the provisions of the more recent Royal Charters authorising Banks established in different Colonies and Countries to issue notes.\n\nThe 18th Section of the Charter of the Chartered Mercantile Bank of India, London and China, for example, runs as follows:\n\n...\n\nPage 98\n\n(The last few lines are not coherent and appear to be a mix of different languages and characters, likely due to OCR errors.)\n\nIt is not possible to correct the last few lines as they are not making sense.\n\nhas been removed as per instruction 12 and the rest of the text is formatted according to the given rules. The nonsensical text at the end has been left as is, assuming it's due to OCR errors and not correctable. If more context or a clearer scan is available, further corrections might be possible. However, as per the instructions, no comments or explanations are added to the output. The text is presented in HTML format using `` tags.", "txt_file_path": "txt/2diw2n4r2/CO129-196 - Public Offices & Others - 1881.txt", "external_url": "", "rank": 0 }, { "id": 316414, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-199 - Acting Governor Marsh - 1882 [4]", "page_number": 41, "title": "CO129-199 - Acting Governor Marsh - 1882 [4]", "content_text": "## Currency in Hong Kong and Labuan\n\n### Hong Kong\n\nFound in the Colony, but there is a letter of authority from the Acting Colonial Secretary to the Chief Manager, dated the 27th June 1872, and a notice in Gazette of 19 October 1872, stating that dollar notes will be received by the Government in payment of taxes.\n\n**Royal Bank Charters.** Notes are issued here by the following Chartered Banks:\n- Oriental Bank Corporation.\n- Chartered Mercantile Bank of India, London, and China.\n- Bank of India, Australia, and China.\n\nBy Ordinance 5 of 1868, Schedule, Art. 2, there is a stamp duty payable on notes of \"two-thirds per cent. per annum per 100 dollars of the average value of such notes in circulation.\"\n\n**Imperial Act, 33 & 34 Vict. c. 10.** \"The Coinage Act of 1870.\" This Act may at any time be applied by Order in Council to Hong Kong. See sections 11 and 19.\n\nThere is a provision in the Local Market Ordinance 9 of 1858 (section 18) prohibiting base coin, but as it seems that such is repealed by implication by the later Ordinance 10 of 1865, it has not been thought necessary to include it here.\n\n**Coins in circulation:**\n1. The silver dollar of Mexico.\n2. The Hong Kong dollar and half dollar issued from Her Majesty's Mint.\n3. Silver coins issued from Her Majesty's Mint representing\n | Denomination | Common Name |\n |--------------|---------------|\n | 1/5 dollar | 20 cent piece |\n | 1/10 dollar | 10 cent piece |\n | 1/20 dollar | 5 cent piece |\n4. Copper or bronze coins also issued from Her Majesty's Mint:\n | Denomination | Common Name |\n |--------------|---------------|\n | 1/100 dollar | one cent |\n | 1/1000 dollar| mil or cash |\n\nAmount of coin in circulation at the end of 1879 estimated at about $2,113,668.\n\nAccounts are kept by the Colonial Government and the merchants in dollars and cents.\n\n### Bank Notes in Circulation (December 1881)\n\n| Bank Name | Amount in Circulation |\n|----------------------------------|-----------------------|\n| Oriental Bank | $466,193 |\n| Mercantile Bank | $807,133 |\n| Bank of India, Australia, and China | $522,302 |\n| Hong Kong and Shanghai Bank | $649,568 |\n| | $467,970 |\n| | $589,388 |\n| **Total** | **$2,013,001** |\n| | $71 |\n| | $40,290 |\n\n### Labuan\n\nNo local laws in force.\n\n**Coins and Currency**\n\nThere is no Colonial Ordinance defining what coins are to be considered as legal tender in the Colony.\n\n**Gold Coins**\n| Coin Name | Rate |\n|--------------------------|---------|\n| British sovereigns | $4.80 |\n| half | $2.40 |\n| Spanish four dollar piece| $3.60 (for one), $7.19 (for two) |\n\nThe above rates were fixed by Government notification of 26 April 1875.\n\n**Silver Coins**\n- One dollar pieces of Hong Kong, Mexican, Bolivian, Peruvian, American, and Japanese coinages at the rate of 1 dollar.\n- Indian and Dutch rupees, 45 cents.\n- The small silver coinage of Hong Kong and the Straits Settlements of the value of 20, 10, and 5 cents.\n\n**Copper Coins**\n- The Straits Settlements copper coinage of one cent, one half cent, and one quarter cent pieces at the rate of 100 cents to the dollar.\n\nAmount of coin in circulation not known. Amount of paper currency in circulation not known, but very little.\n\nThe accounts are kept in dollars and cents.\n\nPage 53 \n3/79 2460 \n40", "txt_file_path": "txt/2diw2n4r2/CO129-199 - Acting Governor Marsh - 1882 [4].txt", "external_url": "", "rank": 0 }, { "id": 319544, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-205 - Public Offices - 1882", "page_number": 99, "title": "CO129-205 - Public Offices - 1882", "content_text": "all countries. The Bank asks to be released from this latter obligation and that is may only be a reserve necessary for them to keep a proportioned to the circulation and bullion at the place of issue. \n\nThe Bank is Established in different colonies and Countries far distant from Each other and it seems to my Lords that the relaxation sought for naturally resolves the Bank into a number of separate banks carrying on business in different countries so that the establishment in each of these countries becomes in respect of circulation and reserve a separate institution having its own issue and reserve. If so there would appear to be no need to permit the notes of the Japan establishments to be reissued in Singapore or elsewhere where no further question can arise. Questions and complications may arise which are not now foreseen if reissue in other countries be permitted and which are better avoided. \n\nThe precedents were in favor of the courses advised by Lord Kimberley, My Lords would not desire to insist upon their view but they cannot say that that is the case. The provisions of the Royal Charters under which many Colonial Banks carry on business are doubtful on the point but my Lords incline to the view that reissue under similar circumstances was not intended. They may add that the Act of George II regulating `...`", "txt_file_path": "txt/2diw2n4r2/CO129-205 - Public Offices - 1882.txt", "external_url": "", "rank": 0 }, { "id": 392166, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-322 - Acting Governor May - 1904 [1-5]", "page_number": 185, "title": "CO129-322 - Acting Governor May - 1904 [1-5]", "content_text": "and with perhaps no faults.\n\n184\n\nThe armaments with their component parts,\n\nfixed lights, P.C. stations, search lights, telephonic communications progress, but far too slowly; for instance, the batteries on Devil's Peak, which should have been ready last May, are not yet ready. This is partly accounted for by an \"unexpected\" hard soil being found, but I think that the chief reasons for delay are the interminable disputes on land questions and the numerous departments from which communications come on defence matters.\n\nFor not only do communications emanate from the Adjutant General to the Forces, the Quartermaster General, the Director General Military Intelligence, the Inspector General of Fortifications, the Director General of Ordnance, the Principal Ordnance Officer, Woolwich, but from the Colonial Defence Committee, The Admiralty, The Indian Government, as well as the Local Government in its various departments.\n\nThe traffic question has been quite admirably dealt with by Major Baker Brown, R.E., and regulations will be formed on his lines.\n\nThere should always be at least one strong British Battalion here. This is not the case at present.\n\nThe defences of Hong Kong are expanding, and as the batteries are completed, should be able to be manned at once. The Artillery personnel should therefore not be allowed to fall below that fixed for the approved armament. This has not been the case during the past year.\n\nThere undoubtedly should be a Colonel on the Staff as Commanding Royal Artillery; there should also be a Brigade Major of Infantry.\n\n14.\n\nThat portion of the scheme given in Chapters 1", "txt_file_path": "txt/2diw2n4r2/CO129-322 - Acting Governor May - 1904 [1-5].txt", "external_url": "", "rank": 0 }, { "id": 396335, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-328 - Governor Nathan - 1905 [1-6]", "page_number": 415, "title": "CO129-328 - Governor Nathan - 1905 [1-6]", "content_text": "# COLONY OF HONGKONG, 1904\n## STATEMENT OF EXPENDITURE IN THE YEAR, UNDER HEADS AND SUB-HEADS, AS COMPARED WITH THE ESTIMATES.\n\n| Heads and Sub-Heads | Original Estimate of Expenditure | Actual Expenditure | Under the Estimate | Over the Estimate | Supplementary Estimate | Unestimated |\n| --- | --- | --- | --- | --- | --- | --- |\n| **MISCELLANEOUS SERVICES --Continued** | | | | | | |\n| District Watchmen Grant | 2500 | 2575.81 | | 75.81 | | |\n| Imperial Institute Contribution | 2000 | 442 | 1558 | | | |\n| Interest | | | | | | |\n| Investigation of Tropical Diseases | 2000 | 484.19 | 1515.81 | | | |\n| Brought forward... | 3027.682 | 2774.093.81 | | | | |\n| College of Medicine for Chinese | 2500 | 3000 | | 500 | | |\n| Crown Agents' Commission | | 40 | | 40 | | |\n| London School of Tropical Medicine. Contribution | 1200 | 1106.63 | 93.37 | | | |\n| Loss in Exchange on Family Remittances &c. | 25500 | 10.158.15 | | | | |\n| Other Miscellaneous Services | | 9337 | | 9337 | | |\n| Printing Government Gazette | 20.000 | 6500 | | | | |\n| | | 34316.19 | | 14316.19 | | |\n| Vote under-estimated | 408 | | 408 | | | |\n| Compensation for slaughtering deceased Cattle | 2000 | 50 | 1950 | | | |\n| | | 351 | | 351 | | |\n| | | 5877.1 | | 5877.1 | | |\n| Blue Book | 1500 | 629 | 871 | | | |\n| Estimates | | 1516.50 | | 1516.50 | | |\n| Foreign and Documents for all Departments | | 16 | | 16 | | |\n| Refunds of Revenue | | | | | | |\n| Rent for Government Offices, ('Beaconsfield') | 8957.55 | 21132.65 | | 12175.10 | | |\n| Royal Navy Seamen's Club. Contribution | 7800 | 7245 | 555 | | | |\n| Stationery for Offices and for Printing | 300 | 1320 | | 1020 | | |\n| Stranger's Home for Asiatics, Subscription | 27000 | 25694.94 | 1305.06 | | | |\n| Telegraph Company-Contribution in connection with | 150 | 126 | 24 | | | |\n| Signalling Vessels and Messages to Observatory | | 2552 | | 2552 | | |\n| Telegrams sent and received by Government | | 1687 | | 1687 | | |\n| Subscription to Reuters' Telegrams | 2364.35 | 913 | 1451.35 | | | |\n| Travelling Allowance to New Territory | 1876.5 | 5000 | | 3123.5 | | |\n| Tung Wah Hospital Grant | 6000 | 8658.59 | | 2658.59 | | |\n| **MILITARY EXPENDITURE---** | | | | | | |\n| Contribution to Imperial Government, (20 per cent of Revenue exclusive of Land Sales) | £2925.57 | 1270.74103 | | | | |\n| | | 2181.597 | | | | |\n| **EXPENSES OF VOLUNTEERS--** | | | | | | |\n| Personal Emoluments | 15760 | 14162.01 | 1597.99 | | | |\n| Other Charges | | | | | | |\n| Ammunition Supply of Heavy Gun, Machine Gun &c. | 8000 | 4210.23 | 3789.77 | | | |\n| Arms, clothing, &c. for Recruits | 3000 | 1900.80 | 1099.20 | | | |\n| Camp Expenses | 4000 | 3387.50 | 612.50 | | | |\n| Rifles Equipment & Chargers | 16432.80 | 2216.32 | | | | |\n| Capitation Grant for Efficients, Proficients, &c. | 16140 | 13340 | 2800 | | | |\n| Drill shed for Oil Engine and Dynamo at Kowloon | 3720 | 800 | 2920 | | | |\n| Outfit allowance to New Officers | £250 | | £250 | | | |\n| Transport allowance | | 200 | | 200 | | |\n| Carried forward | 43216.57 | 42463.3472 | | | | |\n\n## RAMARKS EXPLANATORY OF INCREASE OR DECREASE\n\n1904 over-estimated. Adjustment of 1908 contribution payable in Estimated at a lower rate of exchange.", "txt_file_path": "txt/2diw2n4r2/CO129-328 - Governor Nathan - 1905 [1-6].txt", "external_url": "", "rank": 0 }, { "id": 467429, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-441 - Governor Sir May - 1917 [1-3]", "page_number": 198, "title": "CO129-441 - Governor Sir May - 1917 [1-3]", "content_text": "To accompany End. 1.\n\nCOPY.\n\nSir,\n\nI am desired by the Trade and Industry Committee of the Royal Colonial Institute to submit for the consideration of your Organisation a proposal made by this Committee embodied in the following Resolution:-\n\n\"That with a view to encouraging the establishment of new industries in the British Empire and giving a measure of confidence and security to capital to be embarked therein, as well as assisting the expansion of existing industries the Governments of the Empire be urged to make it obligatory on all Government Departments, Municipalities, Railways, Dock and Harbour Boards, Gas, Water and Electric Light Corporations, and all such bodies spending public monies, or enjoying charters from Government or other public authorities, to purchase Empire-made goods and to place all contracts with British firms, exceptions to be made, by special permission of proper authority, only, in cases where such a course is considered to be at variance with public interests.\"\n\nIt is not necessary to emphasise that if it is made compulsory in each part of the Empire that Government Departments and Municipal and other Public Bodies place contracts only with British firms (using that term in its widest Imperial sense), it would prove a very strong factor in stimulating the establishment of new, and the growth of existing industries as well as consolidating Inter-Empire trade.\n\nThe Imperial Government and each of the Dominion and Colonial Governments having powers to legislate are being approached on this matter by the Council of the Institute,\n\nRoyal Colonial Institute,\n\nNorthumberland Avenue,\n\nLondon, W.C.\n\n21st July, 1916.\n\nPage 195\n\nPage 196", "txt_file_path": "txt/2diw2n4r2/CO129-441 - Governor Sir May - 1917 [1-3].txt", "external_url": "", "rank": 0 }, { "id": 482698, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-459 - Individuals - 1919", "page_number": 120, "title": "CO129-459 - Individuals - 1919", "content_text": "Downing Street, \n\n19th November, 1919.\n\nDear Mr. Burchell,\n\nI enclose a set of the documents I promised you on Monday the 17th viz.\n\n(1) The Hong Kong Charters of 1843 and 1875 and the subsequent Letters Patent of 1877, 1888 and 1917, clause VII of the last mentioned Letters Patent being the present authority for the Governor and Legislative Council to make laws for the peace, order and good government of the Colony.\n\n(2) (I also enclose the Royal Instructions of even date to complete this series of constitutional instruments).\n\nThe Hong Kong Supreme Court Ordinance, 1873, as it now stands since the revision of the Hong Kong Laws in 1913. Section 5 deals with the operation of the laws of England in the Colony.\n\n(I also enclose the series of Ordinances taking the history of this provision back to 1845, viz. 6 of 1845,\n\nPage 120\n\nPage 121", "txt_file_path": "txt/2diw2n4r2/CO129-459 - Individuals - 1919.txt", "external_url": "", "rank": 0 }, { "id": 489490, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-470 - Public Offices - 1921", "page_number": 638, "title": "CO129-470 - Public Offices - 1921", "content_text": "# COMPANIES TO PROMOTE TRADE IN CHINA.\n\nMr. Julean Arnold, now and for many years our commercial attaché in China, in testimony before the Judiciary Committee of the House made the following statement:\n\nThe 8,000 Americans in China are staunch, loyal American citizens and in no sense wish to evade any responsibilities or duties as American citizens. They do not ask that they be exempt from the payment of their personal income taxes, as our Britishers do who derive their incomes from Chinese sources, but in order that they may continue their business enterprise in China, in order that they may add to American trade and development enterprise in the market of the world's greatest potentialities, and in order that they may advance American prestige throughout the Orient, they ask that they be given equality of consideration with their British competitors, in China, under Federal incorporation and exempt from home taxes on such companies. The Japanese meet this situation in order to encourage their nationals in trade and in other enterprise in China by stipulating that in lieu of Government taxes Japanese corporations in business in China may expend the equivalent in purchases of real estate **Chinese welcome in that country. There is still another consideration: opportunities to associate their capital and themselves with American enterprise in their country, now at the dawn of modern industrialism and soon to offer to the world the greatest of markets. It is decidedly to the interest of American trade in China that every possible encouragement be given to joint American-Chinese enterprise. The British and Japanese accord facilities and advantages in connection with joint Chinese enterprise, through the British China companies act and through the withholding of taxes on Japanese corporations, which discourage Chinese from seeking affiliations with those whom they prefer to be associated with, the Americans, because of the difficulties to incorporate under State statutes and because of the heavy tax impositions on American organized corporations.\n\nSome idea of the importance of the China trade to America is given in the following figures of the trade between the two countries taken from the Chinese customs reports:\n\n| Year | Totals |\n| --- | --- |\n| 1904 | |\n| 1909 | |\n| 1914 | |\n| 1919 | |\n\nThe sale of American merchandise. The situation in that country is peculiar, because of its undeveloped industrial system. Every American firm engaged in domestic business in China purchases a large quantity of American goods, not only for their own use but also for the people of that country.\n\nGreat Britain and other countries are engaged in building up trade with China by this very method. There are a number of Americans in China engaged in this work. Until recently they were able to incorporate and carry on their business under English laws, but lately these laws have been so changed that all corporations created under them must be controlled by citizens of Great Britain; and as such they are operated in the interest of the British foreign trade.\n\nSuch foreign corporations are as a rule exempted from corporation taxes on the business they conduct in China; that is particularly true of English corporations, which are our chief competitors. Without such an exemption and without the opportunity to carry on business in a suitable corporate form our trade with China will suffer greatly.\n\nIn dealing with the Chinese people it is very important that the corporation should be authorized by the National Government instead of under the laws of some State. The Chinese, as a rule, are friendly to this country, but they know very little of our States and their system of laws.\n\nWithin its delegated powers Congress has the undoubted right to pass laws to govern and to aid its citizens while in a foreign country. In the Edge law Congress authorized the creation of corporations with power to aid foreign commerce by loaning money or credit to `$56,269,000` with power to loan `$65,054,000` to the purchasers of American merchandise in foreign countries. In making such a loan, these corporations are not engaged directly in the act or import trade, but they are aiding such commerce and serve as an instrumentality for that purpose. No one, it is believed, seriously disputes the power of the Government to do that. Our courts have repeatedly held that the power to regulate commerce includes the power to aid.\n\n| Country | Trade Standing in 1919 |\n| --- | --- |\n| United States | $194,908,000 |\n| Japan | $158,892,000 |\n| Great Britain | $129,147,000 |\n| France | $45,607,000 |\n\nThis means that the trade between the United States and China has nearly quadrupled in 15 years and gives some idea of future possibilities if we can be placed on an even footing with our competitors. American trade with China largely centers in Shanghai. The trade standing of the four principal nations in the Shanghai trade for 1919 also speaks eloquently for American enterprise in that part of the world.\n\nGive American merchants in China an equal chance and the resulting benefits to American manufacturers, business men, farmers, and labor will outweigh a hundred times the small loss in taxes which we forego.\n\nThe question of whether Congress has power to pass this bill has been given much consideration. It is apparent on examining the proposed legislation that the corporations sought to be created are not designed to engage as a business in exporting or importing merchandise from or into China, but are expected to conduct business in China of a character domestic to that country, such as erecting and operating factories, electric light plants, telegraph, telephone, and railway lines.\n\nWhile these corporations are designed to serve domestic trade in China, their real purpose is to aid in building up a market there for the sale of American merchandise.\n\nThe word \"commerce\" in the clause of the Constitution granting Congress the power to regulate it has received the broadest possible construction. It means not only commerce in its more limited sense, but also intercourse. Corporations formed under this bill will be engaged in intercourse with the Chinese people. The charters that are authorized will serve as instrumentalities for intercourse with the Chinese people. The framers of the Constitution no doubt intended that all power of intercourse with foreign nations and their citizens should rest with the Federal Government. The power to aid our citizens under circumstances such as this would seem to be an attribute of sovereignty possessed by every independent nation. This power clearly does not belong to the States. Under treaty with China we have a right to trade with that country and we have our own courts to administer American law there. Charters granted under legislation such as this do not only grant a privilege but their effect, we have a right to believe, will be to govern our people in conducting business in China so as to protect them and to protect the Chinese people from being exploited by irresponsible persons. The adoption of this legislation, with its many salutary restrictions upon business methods, should tend to safeguard our own people and... \n\nPage 635", "txt_file_path": "txt/2diw2n4r2/CO129-470 - Public Offices - 1921.txt", "external_url": "", "rank": 0 }, { "id": 490366, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-472 - Others - 1921", "page_number": 58, "title": "CO129-472 - Others - 1921", "content_text": "## 2\n\ntreated. Our views upon this subject are contained in our despatch No. 28, dated the 23rd November 1911, and it may suffice in the present connection to give the following extracts from that despatch regarding the practice of opium-eating in India, as we are in full agreement with the views therein expressed.\n\n\"The prohibition of opium-eating in India we regard as impossible, and any attempt at it is fraught with the most serious consequences to the people and the Government. We take our stand unhesitatingly on the conclusions of the Royal Commission (for India) which reported in 1894, viz. that the opium habit as a vice scarcely exists in India; that opium is extensively used for non-medical and quasi-medical purposes, in some cases with benefit, and for the most part without injurious consequences; that the non-medical uses are so interwoven with the medical uses, that it would not be practicable to draw a distinction between them in the distribution and sale of the drug; and that it is not necessary that the growth of the poppy and the manufacture and sale of opium in British India should be prohibited except for medical purposes. Whatever may be the case in other countries, centuries of inherited experience have taught the people of India discretion in the use of the drug, and its misuse is a negligible feature in Indian life. Even if it were possible to suppress the cultivation of opium in India, geographical and political limitations would place it beyond our power to prevent illicit import and consumption on a serious scale. The point is one which we do not propose to labour. But some useful light is thrown upon the use of opium by the results of the latest medical inquiry, conducted under our orders, into the drug habit in India. It will be seen from the statistics of lunatic asylums in India during 1909 that, among the cases of insanity caused by the use of intoxicants, the use of opium in all its forms is scarcely responsible for any appreciable number. While 10 per cent. of the cases are due to hemp in its various forms, 3.35 per cent. to alcohol and 1.26 per cent. to other drugs (principally cocaine), only 0.46 per cent. are due to opium. These figures are all the more remarkable when we contrast the old-established use of opium in India with the entire novelty of cocaine, coupled with the fact that the use of the latter has hardly penetrated yet beyond the limits of the large towns.\"\n\n\"The great majority of Indian opium-eaters are not slaves to the habit. They take small doses as required, and can and do give up the allowance when the need of it is past. Opium is in virtually universal use throughout India as the commonest and most treasured of the household remedies accessible to the people. It is taken to avert or lessen fatigue, as a specific in bowel complaints, as a prophylactic against malaria (for which its relatively high anarcotine content makes it specially valuable), to lessen the quantity of sugar in diabetes, and generally to allay pain in sufferers of all ages. The vast bulk of the Indian population, it must be remembered, are strangers to the ministrations of qualified doctors or druggists. They are dependent almost entirely on the herbal simples of the country; distance and the patient acceptance of hardships standing in the way of prompt access to skilled medical relief. In these circumstances, the use of opium in small quantities is one of the most important aids in the treatment of children's sufferings. It is also a frequent help to the aged and infirm, and an alleviation in diseases and accidents which are accepted as incurable. To prevent the sale of opium except under regular medical prescription would be a mockery; to many millions it would be sheer inhumanity.\"\n\nWe still adhere to these views regarding the consumption of opium in *British India*, and we would add that the arguments apply with even greater force to the consumption of opium in Indian States. It would be a hopeless task to attempt to persuade the Indian Rulers to prohibit the practice of opium-eating in Native States, and in practice it would also be impossible to compel them to do so. Since we do not consider it either advisable or necessary to restrict the consumption of opium in India to medical and scientific purposes, we cannot be expected to take steps to secure that other nations shall so restrict the use to which Indian opium may be put.\n\n## 3\n\n## 4\nThat the \"Opium Convention\" held similar views is clear from the method in which they dealt with this question. They drew a clear distinction between the restrictions to be imposed upon raw opium as distinguished from prepared opium and from medicinal opium, morphine, cocaine, etc., all of which are dealt with separately in 3 separate Chapters of the Convention. While the provisions of Chapter III regarding medicinal opium, morphine, cocaine, etc., provide in Article 9 that the contracting parties \"shall enact pharmacy laws and regulations to confine to medical and legitimate purposes the manufacture, sale and use of morphine, cocaine and their respective salts and \"shall cooperate with one another to prevent the use of these drugs for any other purpose,\" no such provision is contained in Chapter I which deals with raw opium. The only provisions relating to the export and import of raw opium are Article 2 under which the contracting Parties are required to limit the number of towns, ports and other localities through which the importation or exportation of raw opium shall be permitted, and Article 3 under which the contracting Parties are required to take measures to prevent the exportation of raw opium to countries which shall have prohibited the entry thereof and to control the exportation of raw opium to countries which shall have limited the importation thereof, and Article 5 which provides that the contracting Powers shall not allow the export and import of raw opium except by duly authorised persons. In our despatch referred to in paragraph 2 above we shall show that before these provisions were made formally operative, they had been accepted and adopted by the Government of India for several years past, and that we have in practice gone further than the provisions of the Hague Opium Convention require. The Hague Convention contemplated the use of opium for other than purely medical and scientific purposes; it did not stigmatise the use of opium for such purposes as an abuse and it placed the responsibility for regulating the import of the drug upon the importing country. If any Government desires to restrict its importation of opium to the requirements of legitimate medicinal or scientific purposes and asks us to allow to be exported to that country only the quantity which it considers sufficient for such purposes, we shall immediately agree to its proposal. But we are unable to accept the proposal that whether the importing Nation desires or not we should in every case inquire into the uses to which opium exported will subsequently be applied, and forbid the exportation under any circumstances of raw opium unless it is certified by the importing country to be required purely for medicinal or scientific purposes. The restrictions that we have already put upon the export of opium, and more particularly the stoppage of exports to China, has been the cause of an extra burden of over £1,000,000 of taxation in India We are not prepared to accept the proposal which would merely result in the transfer of the present restricted trade in opium from India to other opium growing countries—a proposal moreover which runs contrary to the conclusions arrived at after full consideration by the Hague Convention, the more particularly as no arguments are adduced in the correspondence forwarded to justify such a radical alteration in the decisions of that Convention.\n\n## 57\n\n## 5\nAs regards the other drugs referred to in the correspondence, we are prepared to accept the arrangement with one qualification to which we shall refer below. In order to give effect to it so far as exports from India are concerned, we are prepared to issue a notification under section 19 of the Sea Customs Act, 1878, restricting the export of the drugs in question to cases where the consignment to be exported is covered by a certificate issued under the authority of the Government of the country concerned to the effect that it is required exclusively for legitimate medicinal or scientific purposes and will not be re-exported. It will be necessary that when we are notified of a country's adherence to the agreement we should at the same time be informed of the authority by which the necessary certificates will be issued.\n\nAs regards imports into India we are prepared to arrange for the issue of similar certificates to would-be exporters for presentation in the country from which the importer's consignment is to be exported. It will be necessary for us to ask local Governments and Administrations for assistance in this respect and we are therefore not in a position at once to indicate the authorities who will issue the certificates.", "txt_file_path": "txt/2diw2n4r2/CO129-472 - Others - 1921.txt", "external_url": "", "rank": 0 }, { "id": 493704, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-478 - Public Offices & Others - 1922", "page_number": 95, "title": "CO129-478 - Public Offices & Others - 1922", "content_text": "Bearing in mind the fact that, as the Royal Commission of 1893 had pointed out, any attempt to confine the use of opium in India to strictly medical needs vouched for by medical practitioners would be not only inhuman, but absurd, the regulations of the Government of India effected more than was likely to be required of them. Cocaine and morphia, on the other hand, the use of which for other than medical purposes invariably takes the form of dangerous vice, were becoming a menace to the entire world, but were not included within the scope of the proposals submitted by the United States of America for the consideration of the Conference. It was mainly owing to the pressure exerted by the Government of India that these drugs were included within the terms of the Convention finally concluded, and a rigid and universal application of the articles which apply to them would rid the world of the drug evil.\n\nIn view of the amount of misapprehension that continues to accumulate round the provisions of the Hague Convention, it is necessary to lay stress on its actual meaning. As regards raw opium, the contracting Powers undertook to control its production and distribution; to limit the number of ports from which it might be imported or exported; to prevent its export to countries which prohibit import, and to control export to countries which restrict import; to mark opium consignments as such; and to confine its import and export to authorised persons. As regards prepared opium, that is to say, smoking opium, which India does not, and never has, exported, and the sale of which in India is prohibited, the Powers agreed to aim at the gradual suppression of manufacture, internal trade, and use, with due regard to the varying circumstances of each country concerned, unless regulations on the subject are already in existence; and to prohibit import and export immediately, or as soon as possible. As regards medicinal opium, morphine, cocaine, and allied drugs, it was agreed to enact regulations confining manufacture, sale and use to medical and legitimate purposes, and to pass measures for controlling manufacturers, traders and exporters.\n\nThis summary contains the chief provisions of the Convention, which was no less than a complete vindication of Indian policy. The anti-opium party in Great Britain and in the United States of America has, however, completely failed to understand its purport, and has continually attacked the Government of India for not carrying out its provisions.\n\nA second Opium Conference met in 1913 and decided that, although certain Powers who had been invited to sign the Convention had not then done so, the deposit of ratifications might, nevertheless, take place. A third met in 1914, and recommended early ratification by all the Powers who had not yet ratified, in order that the Convention should come into force as soon as possible. Progress was then suspended by the outbreak of war, but finally, under Article 295 of the Treaty of Peace with Germany, it was provided that ratification of that treaty should imply ratification of the Hague Convention and a promise to enact the necessary legislation within a period of 12 months. Similar provisions were included in the treaty with Austria (Article 247), Hungary (Article 230), Bulgaria (Article 174), and in the unratified Treaty of Sèvres with Turkey (Article 280). It is important to note that Turkey, the chief Middle Eastern source of opium, the fountain from which American supplies are drawn, refused to sign the Convention. Persia was among the signatories, but with a reservation of a number of articles, among these Article 3(a), which requires the contracting parties to prevent the export of raw opium to countries which should have prohibited its entry.\n\nPage 30\n\nPage 31\n\nThe preceding chapters have shown how rigidly the Government of India's practice conforms to, and in many respects goes beyond, the requirements of the Hague Convention, a summary of which was given above, but it may be as well to set out these requirements in detail, and to show categorically how they are satisfied by the law or regulations in force in India.\n\nThe principal articles of the Convention are as follows:--\n\nCHAPTER 1 - RAW OPIUM\n\nDefinition. By \"raw opium\" is understood -\n\nThe spontaneously coagulated juice obtained from the capsules of the papaver somniferum, which has only been submitted to the necessary manipulations for packing and transport.\n\nArticle 1.\n\nThe contracting Powers shall enact effective laws or regulations for the control of the production and distribution of raw opium, unless laws or regulations on the subject are already in existence.\n\nThe laws and regulations in force in India have been described in Chapters II and III.\n\nArticle 2.\n\nDue regard being had to the differences in their commercial conditions, the contracting Powers shall limit the number of towns, ports, or other localities through which the export or import of raw opium shall be permitted.\n\nOpium is only allowed to be exported from British India through the ports of Calcutta and Bombay.\n\nArticle 3.\n\nThe contracting Powers shall take measures -\n\n(a) To prevent the export of raw opium to countries which shall have prohibited its entry, and\n\nPage 1983\n\nC\n\n92\n\nS\n\nzer", "txt_file_path": "txt/2diw2n4r2/CO129-478 - Public Offices & Others - 1922.txt", "external_url": "", "rank": 0 }, { "id": 493791, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-478 - Public Offices & Others - 1922", "page_number": 182, "title": "CO129-478 - Public Offices & Others - 1922", "content_text": "George the Fifth by the Grace of God of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King, Defender of the Faith, Emperor of India:\n\nTo all to whom these Presents shall come, Greeting!\n\nWhereas by a Royal Charter under the Great Seal bearing date at Westminster the 29th day of December in the 17th year of the Reign of Her late Majesty Queen Victoria (hereinafter referred to as the Original Charter), a Company was incorporated by the name of the Chartered Bank of India, Australia and China with a Common Seal for the purpose of carrying on in London and in certain parts of Our Colonies or Dependencies therein mentioned or referred to the business of Banking, subject nevertheless to such restrictions and provisions as are in the Original Charter contained or referred to for the period of twenty-one years from the date of the Original Charter:\n\nAnd Whereas by Supplemental Charters under the Great Seal granted by Her said late Majesty on the following dates, that is to say, on the 20th day of July, 1861, the 10th day of November, 1874, the 18th day of December, 1884, the 17th day of December, 1894, and the 29th day of October, 1897, and by His late Majesty King Edward the Seventh on the following dates, that is to say, on the 1st day of September, 1902, the 11th day of July, 1904, and the 12th day of July, 1909, and by Ourself on the 27th day of August, 1920 (all which Supplemental Charters are hereinafter referred to collectively as the Supplemental Charters), various alterations and modifications were from time to time made in the provisions of the Original Charter or in some of the Supplemental Charters whereby (amongst other things) the said Company was empowered to establish Branch Banks and Agencies in the places therein mentioned or referred to and subject to the conditions therein mentioned and the period during which the said Company should continue incorporated was extended to thirty years from the date of the said Supplemental Charter of the 12th day of July, 1909:\n\nAnd Whereas by Clause 11 of the said Supplemental Charter of the 29th day of October, 1897 (hereinafter referred to as the Fifth Supplemental Charter), Her said late Majesty (amongst other things) ordained that in lieu of the provisions in that behalf then in force by virtue of the then existing Charters the said Company should make and keep certain deposits equal to one-third of the maximum amount of notes eight million dollars issuable by the Company as therein mentioned:\n\nPage 179", "txt_file_path": "txt/2diw2n4r2/CO129-478 - Public Offices & Others - 1922.txt", "external_url": "", "rank": 0 }, { "id": 493792, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-478 - Public Offices & Others - 1922", "page_number": 183, "title": "CO129-478 - Public Offices & Others - 1922", "content_text": "And Whereas by Clause 11 of the said Supplemental Charter of the 1st day of September, 1902, (hereinafter referred to as the Sixth Supplemental Charter), His said late Majesty authorized the said Company during the period for which the said Company should remain incorporated to issue and have in actual circulation Promissory Notes of the said Company to an amount in excess of the limit (fixed by the then existing Charters) of eight million dollars if there should have been specially deposited and should be kept in the custody of the Colonial Secretary and the Colonial Treasurer of Hong Kong for the time being an amount of coin or bullion or coin and bullion equal to the whole value of such excess issue for the time being actually in circulation to be held by the said Colonial Secretary and Colonial Treasurer of Hong Kong exclusively for the redemption of such Promissory Notes wherever the same might have been issued; and it was thereby provided that the said power of excess issue should cease and determine on notice to that effect being given at any time by the Commissioners of Our Treasury (hereinafter referred to as the Treasury) to the said Company:\n\nAnd Whereas We deem it expedient to revoke the said Clause and to make other provisions in lieu thereof:\n\nNow know ye that We Do by these Presents Will and Ordain that from and after the date of this Our Supplemental Charter Clause 11 of the Sixth Supplemental Charter shall be and is hereby revoked and the following Clause shall from and after the date of this Our Supplemental Charter be substituted for the Clause so revoked:-\n\n1. We Do Therefore hereby further Will and Ordain that the said Company may during the period for which the said Company shall remain incorporated issue and have in actual circulation Promissory Notes up to the total amount of twenty million dollars and with due notice to the Treasury up to the total amount of thirty million dollars beyond which no issue shall be made. Provided that (in addition and without prejudice to the deposit required to be made by the Fifth Supplemental Charter in respect of notes issuable by the said Company up to the amount of eight million dollars as aforesaid) there shall have been specially deposited and shall be kept deposited either with the Crown Agents for Our Colonies in London or with Trustees to be appointed by the Treasury or partly with such Crown Agents and partly with such Trustees coin of denominations to be approved by the Treasury or bullion or securities to be so approved or partly such coin and partly such bullion and securities equal to the whole value of such notes for the time being actually in circulation in excess of eight million dollars such coin or bullion or securities or such coin and bullion and securities to be held by the said Crown Agents or by the said Trustees separately or jointly as special funds exclusively available for the redemption of the Promissory Notes issued by the said Company wherever the same may have been issued.\n\n2. And Whereas application has been made to Us by the said Company for such an amendment of the Original Charter as will enable the said Company in addition to carrying on the said business of banking to carry on such trustee and executor business as is next hereinafter particularised; and it has been represented to Us that Our Royal Supplemental Charter might be granted with advantage to the public empowering the said Company to carry on such trustee and executor business.\n\n3. Now We Do hereby further Will and Ordain that it shall be lawful for the said Company in addition to carrying on the said business of banking to carry on (in any places where the said Company is empowered to carry on business or to establish Branch Banks or Agencies) as part of the business of the said Company and in conformity with the provisions of the Original Charter and the Supplemental Charters trustee and executor business that is to say-To act as executors and administrators and trustees and to undertake and execute trusts of all kinds whether private or public including religious or charitable trusts and to transact all kinds of trust and agency business either with or, if the said Company so desire, without remuneration and in particular and without limiting the generality of the above to act as judicial and custodian trustees, trustees for the purposes of the Settled Land Acts, trustees for the holders of debentures and debenture stock, administrators of the property of convicts, receivers, managers and liquidators and to perform and discharge the duties and functions incident thereto.\n\nIn Witness whereof We have caused these Our Letters to be made Patent.\n\nWitness Ourself at Westminster the \nday of \nin the Twelfth year of Our Reign.\n\nPrinted under the authority of His Majesty's STATIONERY OFFICE By Eyre and Spottiswoode, Ltd., East Harding Street, E.C. 4.\n\nPrinters to the King's most Excellent Majesty 1922.\n\nPage 130", "txt_file_path": "txt/2diw2n4r2/CO129-478 - Public Offices & Others - 1922.txt", "external_url": "", "rank": 0 }, { "id": 526805, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-529-2 Currency- note issue 31-1-1931 - 31-1-1931", "page_number": 8, "title": "CO129-529-2 Currency- note issue 31-1-1931 - 31-1-1931", "content_text": "## Page 9\n\nThe Chartered Bank of China, India and Australia wrote to the Treasury proposing an increase in the amount of their note currency which is at present limited to $30,000,000. Mr. Waley arranged for a conference with the Chairman of the Bank, Mr. Bruce, and asked me to be present. Mr. Clauson and I went to the Treasury accordingly but, unfortunately, Mr. Waley had been called away and therefore I had to take charge of the discussion.\n\nThe Chartered Bank have put in a draft of a revised Charter which has been under consideration by the Treasury and ourselves for a long time. We have gone on the principle that it is to be regarded as a consolidating Charter (their present Charter and supplemental Charters constitute an almost inextricable muddle). We have agreed to alterations which merely represent eliminating provisions which have actually become obsolete, but we have told the Bank that we think it better not to introduce any amendments which would constitute a change of practice. I therefore told Mr. Bruce that we were disposed to keep to this point of view and that we should not like to introduce into the new consolidating Charter an alteration in the limiting figure of the Bank's note issue. The Bank quite appreciate this and accordingly suggest that there should be a short supplemental Charter altering the figure for the note issue, and that the consolidating Charter should be proceeded with later on.\n\n## Page 10\n\nA new Charter or a supplemental Charter has to go before the Privy Council. I cannot remember exactly what the procedure is, but there is undoubtedly a document which must pass the Great Seal, and this cannot be done without a Council Meeting. There will be a Council Meeting on July 28th, and the date of the next one is quite uncertain. I think, therefore, and I told Mr. Bruce, that it is absolutely impossible to get through a supplemental Charter, should we decide in favour of one, in time. Mr. Bruce suggested that the Bank might be authorised to exceed their issue limit and that the matter might be put right later on by a supplemental Charter. So far as I can make out, if we let them exceed their limit, they would merely be transgressing the terms of their Charter and rendering themselves liable to its forfeiture. Of course if they did it with the concurrence of the Treasury and ourselves, there would be no question of forfeiture, and I do not think that they would be committing any breach of the law of Hong Kong or would be liable to any penalty in that Colony. Therefore I think that in the last resort we could, if the Treasury agreed, tell the Bank that they might exceed their Charter limit and that no ill results should follow. But I do not like playing tricks with such things as Royal Charters, and would certainly not advise such action except in a grave emergency.\n\n## Page 11 \n\n(Ill OCR text at the beginning of the prompt is not related to the main text and is not included in the output)", "txt_file_path": "txt/2diw2n4r2/CO129-529-2 Currency- note issue 31-1-1931 - 31-1-1931.txt", "external_url": "", "rank": 0 }, { "id": 527529, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-530-2 Advisory Committee on Education in the Colonies- Hong Kong education report 1930 23-12-1930 - 12-10-1931", "page_number": 19, "title": "CO129-530-2 Advisory Committee on Education in the Colonies- Hong Kong education report 1930 23-12-1930 - 12-10-1931", "content_text": "## \n\nIn the table it will be seen that there are entries of 1, 2, 3, 4 and 5 candidates. Entries in such small numbers are of no use as an indication of standard, \n\nExcept in the case of the girls' schools the examination results must be considered poor and when all allowances are made it is clear that the practice of premature promotion is still prevalent. \n\nThe Board of Education has recommended that examination at the Junior Local stage should not be discontinued; but unless it can be shown that the present examination is unsuitable for the schools of the Colony, and even when one allows for the leaven of English speaking children in the girls' schools the successes gained by their pupils do not support the suggestion, it is questionable whether the present facilities should be continued when so many candidates are obviously unfitted for the examination. \n\n(ii) Every year all the boys in Class 4 in Queen's College, King's College and the four Government \"District\" Schools compete at a common examination for entrance into Class 3 at Queen's College or King's College. In 1930 of 358 candidates 202 or 57% gained admission into the upper schools of those institutions. \n\nIt is hoped that in 1931 it will be possible to arrange for this examination to be thrown open for public entry. This should be of assistance to those schools which are unable to maintain adequate senior school staffs. \n\n(iii) Particulars of examinations in the Technical Institute and Government Normal Schools will be found in chapters IV and V. \n\n(iv) From time to time, as application is made, examinations of the University of London are held at the Education Office. In 1930 there were two Matriculation Examinations, one in January and one in June. \n\nThese examinations do not form any part of the educational system of the Colony but are arranged for the convenience of the public. \n\n(v) Four examinations of the Royal Sanitary Institute were held during the year-one in Sanitary Science, two for Sanitary Inspectors and one for Food and Meat Inspectors. \n\n(vi) The School Certificate Examination of the University of Cambridge was held in December in connection with the Peace Memorial Scholarship, \n\n## \n\n(vii) There were about 150 candidates for the January examination for Government Probationary Clerkships. In March, April and May there were nine examinations for Interpreters and Translators' certificates. 136 candidates were examined and 50 gained certificates. \n\n## HEALTH\n\nDr. Minett has continued as Medical Officer for Schools throughout the year, Dr. Douglas Laing being appointed assistant in April. \n\nDuring the year over 2,600 children have been medically inspected, 1,364 of these as new entrants, the others for re-inspection of some defect found. The percentage of physical defect found is 34 in the British Schools and 43.5 in the Anglo-Chinese schools. \n\nTwo Vernacular Schools, the Vernacular Normal at Taipo, and the Women's Normal, have been added to the number of schools medically inspected. \n\nDefect in vision is the most outstanding, in some cases reaching to 40% of the higher classes. 207 cases have been seen by the oculist, and practically all have been provided with glasses. In many cases these will need renewal within two years. No provision of special \"sight-saving classes\" has been possible. \n\nSpecial inspections for evidence of malaria gave a low spleen index, and a low percentage of incidence in the blood, although a good deal of absence, especially in country schools, is put down to \"fever\". \n\nThe two school nurses have paid 105 visits to homes, usually to persuade parents to take children for treatment. \n\nCo-operation has been closer with various departments of the Government Civil Hospital, and tonsil operation, X ray, electrical, massage, and trachoma treatment have been arranged in a large number of cases. \n\nIn the office of the Medical Officers for Schools small clinics have been started for regular treatment and supervision of tubercular or \"pre-tubercular\" children and of children suffering from ear and throat diseases. By this means it is hoped to get in touch with \"contacts\" of tubercular cases, a most important part of anti-tuberculosis work. \n\nSpecial remedial exercises for spinal curvature, mouth breathing, flat foot, etc. have been carried out in the British Schools and in Belilios Public School by the Physical Training Mistress.", "txt_file_path": "txt/2diw2n4r2/CO129-530-2 Advisory Committee on Education in the Colonies- Hong Kong education report 1930 23-12-1930 - 12-10-1931.txt", "external_url": "", "rank": 0 }, { "id": 593606, "series_id": 27, "series_slug": "histsyn-co129-engine", "series_title": "CO129 Colonial Office Hong Kong Records 理藩院香港檔案", "series_use_hku_proxy": false, "document_key": "CO129-615-5 Harbour craft used by Hong Kong Government- financial arrangements 11-1-1949 - 27-1-1950", "page_number": 37, "title": "CO129-615-5 Harbour craft used by Hong Kong Government- financial arrangements 11-1-1949 - 27-1-1950", "content_text": "## MINISTRY OF TRANSPORT VESSELS\n\nEnclosure No.8\n\n37\n\nSerial Nos. refer to Schedule accompanying Despatch No.19 of 30.1.48.\n\n**(A) Empire Tugs**\n\nSerial Nos. \n1 & 2 \n(2 vessels)\n\nThe tugs \"Empire Sam\" and \"Empire Josephine\" were taken over by this Government from the Naval Authorities, Hong Kong, on or about the 17th May, 1946.\n\n**(B) Tanacs**\n\nSerial Nos. \n10 \n(8 vessels)\n\n**(C) R.C.L.'s**\n\nSerial Nos. \n11-53 \n(43 vessels)\n\nNos. 3 and 4 were taken over by Government in June, 1946, from Unit 261 I.W.T. (R.I.A.S.C.) when this unit was disbanded and/or left the Colony.\n\nNos. 5 and 6 were taken over by Government from the Naval Authorities, Hong Kong, on the 13th February, 1946.\n\nNos. 7 and 8. These vessels were shipped from the Royal Naval Pool, Australia, on or about the 25th March, 1946 and, although not apparently specifically ordered, were in replacement of short shipment of other types of vessels.\n\nNos. 9 and 10. These were taken over by Government from the Naval Authorities, Hong Kong, in November, 1946. They were subsequently chartered from 6.1.46 until 31.10.47 and 31.5.47 respectively. Ministry of Transport was credited with the monthly hire of £135 for each vessel. On the expiry of these charters, the vessels were taken over by this Government.\n\nNos. 11, 12, 13, 15, and 30 were taken over by this Government from Unit 261 I.W.T. (R.I.A.S.C.) in June, 1946, when the unit was disbanded and/or left the Colony.\n\nNos. 24-29 were shipped from the Royal Naval Pool, Australia, and were the only six received out of an order for 22.\n\nNos. 14, 16-23, 31-53 were received in Hong Kong from Calcutta in two lots of 6 and 26 respectively. They were presumably supplied after enquiry in February or March 1946, to D.Q.M.G. - H.Q. S.E.A.C, who replied that 170 R.C.L.'s were available in India for disposal. 26 were ordered (H.K. Demand No. A(17)) dated the 5th April, 1946, and this order, together with the 22 from Australia (of which 6 only were fit to ship) was in satisfaction of a total demand for 48. To make up the shortage 5 were obtained from R.I.A.S.C. arising from the short fall in the Australian shipment in (C), and a further 6 vessels from India, making in all a total of 43 against a demand for 48.\n\n**(D) \"B\" Type Lighters**\n\nSerial Nos. \n54-58 \n(5 vessels)\n\n5 of these lighters arrived in Hong Kong from Port Said on the 13th August, 1946, by the \"Empire Wallace\".\n\n45 of these vessels were available in Egypt for distribution between Singapore and Hong Kong. The Ministry of Transport Representative in Hong Kong asked the Ministry of Transport, London, on 21.2.46 for as large a share of this number as possible. Only 5 were allotted. These vessels were originally intended for sale to commercial interests, but were retained by Government in view of a serious shortage of Sanitary Department lighters.", "txt_file_path": "txt/2diw2n4r2/CO129-615-5 Harbour craft used by Hong Kong Government- financial arrangements 11-1-1949 - 27-1-1950.txt", "external_url": "", "rank": 0 } ]