724908-1858-PROCLAMATION — Page 1

Government Gazette 政府憲報 轅門報 All

+

1

12, 1858.]

The Hongkong Government Gazette,

3

That the Attornies, Solicitors, and Proctors are the general practitioners, who are not expected to possess profound knowledge of any particular branch of Law, but to have a general knowledge of all, and to be expert in collecting and arranging facts with a

to the application of the Law to them in every branch, which latter duty devolves on the Barrister.

That there has been no public demonstration or expression of opinion, other than the above mentioned memorial,-no complaint soon made against your Petitioners' branch of the legal profession, and your Petitioners have been informed, and have good reason ieve, that the Memorial emanated from two individuals only, and that by means of house to house solicitation, and friendly ension, several of the Memorialists were induced to subscribe the Memorial, in the belief that the Solicitors of Hongkong were anable to the amalgamation, and many who could know nothing of the effect of the proposed change, added their names for the ple reason that others had signed before them, and your Petitioners' affirm that such Memorial is no reasonable or intelligent ret etion of the matured opinion of any part of the Community possessing competent information on the subject upon which they

hit the interference of the Legislature, and that, moreover, but few of them have Law business of any magnitude to transact.

That your Petitioners submit, that even if such Memorial were a bona fide exposition of the sentiments of the Community, it was, having regard to the want of representation in the Colony, an unconstitutional course to adopt, with a view to such an important sative measure as the destruction of the relative distinctions between Barristers and Solicitors, without reason or evidence, and without regarding the rights of those most interested in the question, and your Petitioners humbly but firmly remonstrate against the fact, that two Members of the Legislative Council were the first to sign a memorial to the Attorney General, himself a Member of the Council, an not a disinterested person in the present question, to solicit an alteration which they themselves would, in their Legislative pacity, be called upon to make the Signatures of those two Members of the Legislative Council being, as your Petitioners assert. the principal, if not sole cause of the signatures which followed, and tending materially to influence other Members of the Council

That bearing in mind the fact, that the Barrister in this Colony has to undertake advising in every branch of the Law, your Petitioners submit that the necessity for a division of the profession is greater here than in England, and that the advocacy of unrestricted competition" in legal knowledge between Barristers and Attornies, in the circumstances above detailed, merely shews that those who advocate it have not made themselves competent to form a judgment on the subject.

That your Petitioners believe the Memorial to have originated in a spirit hostile to their branch of the profession, covertly supported by certain members of the Bar, and that the real object of the Memorialists is to benefit those members of the Bar at the jense of your Petitioners, a real and complete amalgamation being, as your Petitioners submit, simply impossible, and an imaginary one. being destructive of the rights and privileges of your Petitioners, to which they are entitled in exchange for their disabilities, the supervison by the Courts in which they practise of their conduct and charges, and a laborious and expensive training.

That your Petitioners doubt the competency of a Colonial Government to make the change proposed, but they humbly subm it, that before any attempt should be made at legislation on the subject, your Honourable Council should appoint a Committee to take evidence, before which Committee the persons who signed the Memorial, and others could be examined, and state their views and grievances, and your Petitioners might be allowed to defend themselves against that which is intended to cause destruction to their branch of their profession, without giving them any compensation, and deprive them of the undoubted right of every Briton, that of being heard before being condemned.

That, as an additional reason for proceeding with all caution in such a proposed change, your Petitioners would beg respectfully to call the attention of the Council to the fact, that in Canada, where an amalgamation of the profession nominally, although not really, exists, a call is being made at the present time for a distinct separation of the two branches.

Your Petitioners therefore humbly pray that the said Memorial and this Petition may be referred to an independent Committee or Commission to take evidence, and report thereon, before any attempt be made to legislate on the subject of the memorial. And your Petitioners in duty bound will ever pray, &c.,

THE HONGKONG LAW SOCIETY.

June, 1858.

By their Secretary,

EDWARD K. STA CE.

And the same having been read and received,—

It was moved by the Chief Justice, seconded by the Attorney General, and carried unanimously, that the said

Memorial and Petition be printed in the Government Gazette.

lored, that the said Ordinance be printed in the Government Gazette, for general information. Me Council adjourned till Tuesday, the 15th instant, at 12 o'clock.

No. 53.

By Order of His Excellency The Governor,

L. D'ALMADA E CASTRO, Clerk of Councils.

JOHN BOWRING.

PROCLAMATION.

By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief

perintendent of the Trade of British Subjects in China.

Whereas the Commands of Her Most Gracious Majesty The QUEEN, conveyed through The Right Honourable The Lord Stanley, M.P., Principal Secretary of State for the Colonies, have been received, approving of and con- fraing

Ordinance No. 1 of 1858, entitled-

'An Ordinance for Criminal Procedure" :-

Now therefore, it is hereby declared, that the said Ordinance has been so approved and confirmed as #foresaid.

By His Excellency's Command,

GOD SAVE THE QUEEN.

W. T. BRIDGES, Acting Colonial Secretary.

Given at Victoria, Hongkong, this 8th Day of June, 1858.

Ne. 54.

GOVERNMENT NOTIFICATION.

The following Admiralty Regulations respecting Lights to be carried by Sea-going British Ships, which are to ce into operation on the 1st of October next, are published for the information of all Persons interested.

By Order,

Colonial Secretary's Office, Victoria, Hongko ng, 8th June, 1858.

W. T. BRIDGES. Acting Colonial Secretary.

i.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.