THE HONGKONG GOVERNMENT GAZETTE, 17TH SEPTEMBER, 1879.
HONGKONG, 6th March, 1879.
SIR, We have the honour to acknowledge
receipt of letter No. 128 of 4th ultimo, from which we note that His Excellency the Governor, while indicating his willingness to obtain for us the opinion of the Honourable the Attorney Ge- neral on any“precise points”.we may name, declines to furnish us with copies of the full memoranda of that Officer as requested.
2. Our object in asking for these was to be
enabled to consider the grounds upon which the
Attorney General had based his conclusion, a
conclusion appearing to place the Board of Jus-
tices of the Peace in the position of having to depend upon the caprice of one of their body for their power to meet, with a legal status, which
we cannot believe was contemplated by the
Ordinance (No. 4 of 1863). That this position
may be avoided by an application to His Excel- leney-should he be pleased to comply there-
with, to instruct a Police Magistrate to attend
a meeting, does not appear to us to be a satis- factory solution of the difficulty.
3. We believe we are correct in stating that
the position of Boards of Justices of the Peace'
in England with regard to supervising the regu- lation and decipline of the Gaols is clearly de-
fined, and their powers in such matters thoroughly understood. We venture to suggest that the exercise of similar functions was, to some extent, contemplated when Ordinance No. 4 of 1863 was constructed, and that in this Colony the knowledge and experience of the residents who are on the commission of the peace might, if judiciously utilized, be very beneficial to the interest of the Colony in dealing with its large and increasing criminal population.
4. We have the honour to enclose copy of the whole correspondence which has taken place on this subject, and to request that His Excellency will be pleased to forward same to the Right Honourable Her Majesty's Principal Secretary of State for the Colonies, together with a copy of the Honourable the Attorney General's full memoranda thereon, in the hope that the Right Honourable Gentleman will be pleased to ascer- tain the views of the law Officers of the Crown, and, should he deem it necessary and expedient, authorize such alteration in the law of the Colony with regard to Justices of the Peace as will place them more in the position of such Officers in the United Kingdom.
To
We have the honour to be,
Sir,
Your most obedient Servants,
H. LowcockK.
W. KESWICK.
R. H. SANDEMAN.
F. D. SASSOON.
H. H. NELSON.
The Honourable W. H. MARSH,
Colonial Secretary.
555
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藩政院大臣前求將律頂司批詞客求 藩政院大臣恩准詳問 律正大臣以爲若何禀求 所有鞅掌法紳士之權且有識見閲歷港情者亦可慎用此權而使港内隨時增多之罪囚必有益處爲此晚等理合將此來往書面棄物一紙禀求 齊集蓋例認之定位如此脆等疑非癸亥年第四條則例實意倘欲改此位次則求 督憲恩准筋巡理府親赴齊集脆等仍以爲未足解此難事蓋在英 該律正司批全文抄示蓋輓等切求此歎原欲藉觀律正司所立定者有何道理因他所定者實使掌法紳士浮游無定似此任由其中一人任性阻止 貴司本月初四日第一百二十八號批語蒙示一切惟 督憲雖有明允肯代請律正司將脆等所有訂明欲問各歎一槪批示但亦未准腕等所求將
藩政大臣倘若見爲方便求恩准更改香港所有論及掌法紳十之則例俾與英國掌法紳士一般境位此並
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