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The Hongkong Government Gazette.
15
an intimation that it was highly desirable that the the government offices in the afternoon; the time for tendering ce should pass in some shape or other the next day. had not expired. If any higher bidder had come before it rious variations to which the Committee refer, were o'clock that night, of course it was open to the government t2 by those amendments. I drafted what is now declare him the purchaser. But I understood no more wero 9. and returned it the same day to the Acting Colonial | expected, for a list was shewn me by Dr Bridges, which e ry. By that Section the power to issue Search-war- supposed to be the result extracted from all the tenders. II given to a Stipendiary Magistrate or the Superinten- is not the list now shewn me(F). It appeared to me the or Police. There were other new clauses, some of writing of a Chinaman or a European of inferior education.
did not pass, and were not pressed to a vote on the I wish now to put (N) in an advertisement which has ng day. There was one which would have given the appeared in the Hongkong papers, under date the 5th May, a farmer power to levy a sort of customs duty on in which Mr Heary Hocy notifics to the public that from its of Opium: that was proposed by the Acting Colonial that date he had retired from the business of Opium boiling try, but was not seconded, and on my opposition and selling in favour of Chun-tai-kwong, who now holds the sale disapproved by His Excellency himself. It was proposed License under the Ordinance. I do this, 1st, because it shews way of amendment of Section 7 as it now stands, and I am that Chun-tai-kwong and Hoey have in fact accommodated their Sure on the 17th of March, for it was distinctly stated by differences; and 2dly, because it corroborates Hoey's statements, eting Colonial Secretary in moving it, that it was suggest- and tends to disprove the evidence of Chun-tai-kwong, as to the man who had, or was likely to have, the Opium Farm. the fact of the former having had a recognized interest in the Acting Colonial Secretary gave on the same day the very business of the latter. e reason for proposing another amendment also drafted by either on the 16th or 17th March, namely, the last para- of existing Section 14, which directs the Court in ad- ating in favour of any complainant under the Section 12 mentioned-Section 8, to adjudge and deliver to the r of the Monopoly prefering such complaint the whole of Opium found to be illicitly imported or possessed. I also d the latter amendment, but this time without success, I also failed to induce the Council to throw out the
ch-warrant clause.
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|
Adjourned till Friday next at 10.30.
H. TUDOR DAVIES, Chairman.
Friday, the 28th May inst., at 10.30 A.M. Present,-Both the Members.
tion, had come to the opinion, that a question put to the Attorney General at the last meeting ought not to have been put; it, therefore, and the answer to it, are now struck out of
The Chairman stated, that the Committee after considera-
the Minutes.
Virman.—Was any reason given for these alterations ? Ve Attorney General-My proposal to throw them out resisted by the Acting Colonial Secretary, on the express and that they had been called for by a Chinaman who contracted to give a very large sum for the Monopoly. he (Dr Bridges,) had taken upon himself to assure the that there would be no difficulty in getting them passed
Council; that if the amendments were not adopted | ebted whether the man would complete his contract; it by not adopting them, Government would be open to arge of a breach of faith. I spoke strongly against the of the Executive to pledge the Legislative, and signi- that that would make no difference in my course. The Siture Clause amendment was adopted without alteration a majority. The Scarch-warrant Clause would have been a out, if the Governor had not acceeded to two sugges- s made by the Honourable Mr Jardinc,-the one that the on should not extend to the case of a supposed intention actually carried into execution; and the other, that the a executing the search-warrant should not have power ize Opium not actually prepared. Against these two stions the Acting Colonial Secretary protested to the on the grounds of danger to the contract, and breach eth to the Chinaman. They were however adopted, Ordinance totally devolved upon me, who had but a theoreti Dr Bridges,-The preparation of the heads of the Opium the Clause passed by the Governor's casting vote, cal knowledge of the subject. When I saw Chun-tai-kwong embers being three on either side. The Minute Book and his partners for the first time on Tuesday, 16th March, now placed in my hands, I see that my impression is correct they remained nearly three hours, I think, in the office making its being the 17th March, when the discussion took suggestions, and pointing out facts, connected with the prac ss to the proposed Customs duty on importations, and Itical working of the Ordinance. Aplain how it was.
Some of these sugges- Sections 7 and 8 of the present tions, such as employing the Police for the protection of the ice were prepared at the table, on the 17th March, Monopoly, and also a power of entry for search of Opium, Acting Colonial Secretary, and substituted for two new I informed them could not be granted. Such of them vo somewhat to the same effect, which I had prepared the as I considered reasonable, I submitted to His Excellency, ifore in pursuance of before-mentioned instructions. who ordered me
my he did because his proposed amendment, with reference an example of the omissions that I had made, there was no to lay them before the Council. As De customs duty on importation, had not been accepted or provision for the disposal of contraband Opium. It is quite an conded, and therefore he proposed to get rid of the erroneous statement on the part of the Attorney General, that Pauses altogether, and substitute the provisions which are I stated that I had assured the Monopolist that there would sid in those two Sections. As I had drawn them any be no difficulty in getting certain alterations in the Ordinance 5 might have imported prepared. Opium in any quantity passed through Council. The remainder of the Attorney exceding two taels. As they stand, no Opium can be im- General's statement as to what I said in Council is correct,
by any person soever, with license or without The t of Council seemed to be taken by surprise at these ments, and I find in the Minute-Book this entry "Mr suggested that whenever additions and amendments lly affecting an Ordinance which had been once before Souncil, are in contemplation by the Government, such and amendments should be previously communicated cmbers for their consideration."
DR BRIDGES,--Re-called and examined.
Opium Monopoly published in the Gazette of the 20th February, Chairman,-Why was a notification for tenders for the when the Ordinance only got through Committee on the 22d February, and was not published till the 27th February?
Dr Bridges,―The notification referred to had no particular relation to the draft of the Ordinance, as it appeared in the Gazette of the 27th February. Of course it related to the his mind as to what the Monopoly would be for, whether same subject matter. But His Excellency had not made up solely for prepared Opium or for crude and prepared Opiumi; and therefore the Notification was put out as a feeler, in order to ascertain how much could probably be got solely from a monopoly of prepared Opium, in order that we might have some data for preparing the Ordinance.
alterations favourable to the Monopolist in the Ordinance, as Chairman,What necessity was there for making any published on the 27th February, when it was the basis on which his tender had been made and accepted? At whose suggestions were they made or proposed? and with whom did you communicate on the subject other than the Members of Council?
Do you know whether the time for tendering Anded?
Attorney General-It was not extended; for I knew 15th from the Acting Colonial Secretary himself, that st bidder at that time, except one-who was disquali- Ordinance as being the servant of a public officer been approved as the purchaser; it is notorious also that *on of the time for tender has never been notified. Ang Colonial Secretary told me what I have stated at
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kwong before the 17th March.
Chairman,-Were you retained as Council for Chun-tai-
Tuesday the 16th March. If I were upon my oath I should Dr Bridges,-I saw Chun-tai-kwong for the first time on swear that to the best of my information and belief nothing was said to me on the subject of a retainer until after the 17th March; but if my memory is not correct, it may have taken place on the morning of the 17th, and if it did it only consist- ed in this, that Chun-tai-kwong and two of his partners came to my house about 8 A.M., to make some inquiry with regard to the Ördinance. I was in bed, and told the boy to open the door of my bed-room, which was on the ground floor. I told them if they wanted to see me to come up to Government Offices, and as the door was being closed, Chun-tai-kwong said to me, “I want to know, Sir, if you can be retained for the Opium Farm." I said, "Yes." That is all that took place. I believe that this was after the 17th March.
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