18. The Rules now in operation to be thoroughly revised, and the Council to be conducted after the usual manner of conducting Public Conneils or Meetings.
19. Each Member, on being sworn in, to sign the Council copy of Rules for the conduct of the Council,
20. When the Legislative Council shall sit in discussion on any matter affecting British Subjects in China, eg. on any Consular Ordinance, any Consul or Vice-Consul, provided he be regularly appointed from home, and not merely acting, and provided he be on actual Service at one of the Ports of China open to Trade, shall, on Summons from the Governor, be admissible to a seat in the Legislative Council pro hac vice, and shall enjoy the right of speaking, but not of voting in the Council.
21. The Governor shall enjoy, as President of the Council, a casting vote, and no vote of the Council shall interfere with the power or authority vested in the Governor by Her Majesty, or the Secretary of State for the Colonies.
22. The Council may, as it shall see fit, amend or alter, from time to time, the Rules adopted for the conduct of its business.
VICTORIA, HONGKONG, 28th July, 1855.
Inclosure 2,-Despatch 110.
VICTORIA, HONGKONG, 31st July, 1855. SIR,—I have the honour to acknowledge the receipt of your letter of the 30th instant, together with its inclosure (herewith returned), and to stato for the information of His Excellency The Governor, that the proposed reconstruction of the Colonial Councils appears
to me most desirable.
T. FL!!
The only suggestion I have to make is with reference to para- graph 7; and here I beg to observe, that the 5 Unofficial Members being elected every third year, would render these parties more efficient and better acquainted with their duties, than if elected
-I have, &c., annually.-
(Signed)
The Honorable W. T. MERCER, Esquire,
Colonial Secretary.
Hongkong.
No. 2.
(True copy,)
..
DW.CAINE, or Lieutenant Governor,
W. T. MERCER, Colonial Secretary.
DOWNING STREET, 234 November, 1855. SIR,—I have to acknowledge your Despatch No. 119, of the 2d August last, proposing, for the consideration of Her Majesty's Government, a scheme for the reconstitution of the Legislative Council of Hongkong, r
3. I trust to receive from you a detailed report on this subject: and take the opportunity of the delay to direct your attention to: some other portions of the plan which appears to me to deserve reconsideration.
"
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No. 49. Legislative.
GOVERNMENT OFFICES, VICTORIA, HONGKONG, 26th March, 1856.
SIR,-In reference to your Despatch of 23d November last, I propose now to forward some additional observations, and to furnish some further information in connection with my suggestions for the reorganization of the Legislative Council of this colony. My prin. cipal object is to introduce the popular element into its tiovern- ment, and to make that element subservient to its prosperity, as I have reason to believe its introduction would be acceptable to public opinion.
2. I deemed it desirable, before again reverting to the topic, to give the Colonial Secretary an opportunity of making any remarks upon my proposals, which either his experience of the Colonial Service, or his matured reflections on the subject matter, might suggest, and I think it right to forward copy of a Memorandum I have received from him.” The change he advocates is altogether so unimportant, that I should think it would be better to leave matters as they are than to modify the Legislative Council in the manner suggested; and as I do not agree in the conclusion that the present state of things is satisfactory to the community, still less that it ought to be satisfactory, so I am persuaded that the admission of influences which should represent public opinion, with its contribą. tion of knowledge, its demands for improvement, its interest in social reforms, would here as every where lead to greater contentment and better Government.
J
3. But were there still less of dissatisfaction than exists with the present state of things, I should hold it most desirable not to wait à period of agitation, and the expresion of public discontent, in order, to confer on a growing and prosperous population the benefit of Such couces- representative institutions in some shape or other.
or surrendered by necessity, but are the result of a calm survey of ions come most gracefully when they are not extorted by clamour, the present and the future. Ldo not recommend or desire any very large infusion of the popular principle, but I object to its utter exclusion in every shape, and from every department of Govern- ment. I believe that exclusion acts peruiciously on the Executive authority, which necessarily falls into habits of relaxation and routine, by being removed from a control alike useful in impelling right tendencies, and checking wrong ones; and I see no reason whatever why the representative principle, conceded in some form or other to almost every colony under the Crown, should be denied to Hongkong.
4. The enlargement of Councils, by the sole introduction into them of a greater number of public functionaries, is objectionable, as it would be but the diffusion and consequent diminution of re- sponsibility among the Executive body, whose functions, in my judgment, would be better performed by few than by many; and, except for the purpose of bringing influence from without the Government circle into the field of legislation, I see little neces sity for change. The increase of Nou-official Members of the Legis- lature is a good I would willingly purchase by the introduction of a greater number of the higher officials.
But I own
2. That proposal will receive attentive consideration ; but, before any decision can be arrived at upon it, it is essential that Her Majesty's Government should be furnished with more detailed
5. The Legislative Council as at present constituted, is undoubt- juformation on the most essential feature of the plan. They must
however have some knowledge of the future electoral body, which, accord-edly devoid of authority even to suggest any measure, ing to paragraph 8 of the minute, is to be composed of "all regia- | wholesome or desirable. As I found it constituted, it was no more tered holders of an undivided lot of land under Crown lease of acquainted with the concerns of the colony, than the rest of the the yearly rental of £10, and upwards.” They should be enabled inhabitants. The Blue Book had never been laid on the Council to form an estimate of the probable number of such Electors: the Table. No subject whatever was discussed except on the presenta- proportion they may bear to the unrepresented classes, of the tion of the Governor-nothing whatever connected with the budget was ever submitted either for suggestion, deliberation, or decision, population: whether they would be chiefly European, and with What admixture of Chinese islanders or recent settlers, and such The Colonial Treasurer has been solely charged with the prepara- tion of the Estimates, and, if approved by the Governor, they are other particulars as you may be able to communicate. 15:
referred home without any advice or action of the Legislative Council, While I have been Governor, I have laid the budget on the Table, and invited observations thereon, but I have in no instance put any question of receipt or expenditure to the vote. this is not to me a satisfactory state of things. I see no reason why a properly constituted legislature should not in Hongkong, as else- where, be charged with some control over the Finances of the colony. The resources of the colony are abundantly sufficient for all its Civil Expenses without Parliamentary Aid; and though it is true that the sales and rentals of Crown Lands are the principal sources of revenue, that circumstance has not been held to exclude colonies from interference with local revenues, nor from having a voice as to local expenditure. And, moreover, I have made it a part of my proposal that the Crown influence, through its function- aries, shall possess a predominant majority in the Legislative Council. 6. I am not aware of the existence of the misapprehension to which the Colonial Secretary refers, with reference to the control which the Legislative Council possesses over the finances of the No control has hitherto been in any way exercised or colony. assumed over any portion of the Colonial Revenues.
4. Paragraph 7,—I do not fully understand in what manner you propose to enforce the provisions that Three out of Five elected Members should be Justices of the Peace. It may perhaps not be difficult to devise machinery for this purpose, but I should wish
to be informed of its nature).
5. Paragraphs 9, 10, and 11,-These arrangements might perhaps answer at the outset of the experiment; but to devolve on the Executive Council definitively the duty of deciding on Electoral claims and objections, would be in my opinion a bad arrangement, calculated to place that body in an invidious position. The func- tionary to be entrusted with this power should be above suspicion of partiality, and of a judicial character if possible.
*
6. Paragraph 16,-I am not satisfied with the expediency of leaving in the Governor's hands the power of suspending in this indirect manner the electoral rights conceded to the community; but I am quite ready to receive any further explanation on this or the other points adverted to.
"༔་ "
ing from the property of the Crown. Now, strange to say, the Police Rate in Hongkong is determined, not by the Legislative, but by the Executive Council.
7. But the Colonial Secretary allows that the Legislative Council 7. The preceding observations do not however imply any ex-is concerned in the levying the Police Rate, that revenue not aris- pression of opinion on the part of Her Majesty's Government as to the main question which you have raised for their consideration. They are not as yet prepared to assent to the opinion that such a change as you have suggested would at the present time conduce to the better Government of the Island, or the increased contentment | Their decision upon that question will be | of its inhabitants. reserved until the receipt of the further information which you are requested to supply.—I have the honour to be, Sir, your most obedient humble servant,
•
H. LABOUCHERE. Governor SIR JOHN BOWRING, &c., &o, &c,
Hongkong.
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8. I do not imagine the Charter of the colony, to which the Colonial Secretary refers in support of the present system, to be au irrevocable and immutable Law, but a law which the Sovereigu Lawgiver may modify in the interest of Her subjects. Whatever
have been the
of the charter, under existing Colonial purpose usages, it appears to me the functions of the Legislative and the Executive Councils are in practice not unfrequently confused and blended, and that much of the action of the Executive might, with public advantage, be placed under the supervision of the Legislative
may
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