1848-04-20 — Page 1

20th April, 1848.

Present:

His Excellency The Governor,

The Honorable the Acting Chief Justice,

The Honorable the Attorney General,

The Honorable the Colonial Treasurer.

The Minutes of the last Council were read and approved.

With reference to the last meeting of the Council, on the subject of doubts entertained by Attorney General Sterling, as to the extension of the provisions of the Registry Act 8th and 9th Victoria Chapter 89, to the Colony of Hongkong, the following Minute explanatory of his views was laid on the table; and it was resolved that a copy thereof, together with the memorandum by the Colonial Treasurer of the duties and other Imposts received by him as collector of Revevenue thereunto annexed, should be transmitted to Earl Grey.

Minute by the Attorney General.

In pursuance of the Minutes entered at the last Legislative Council, I submit for its further consideration the following observations in writing respecting the registry of shipping at Hongkong.

The home authorities have decided that Ships may be registered at Hongkong under the following clause of the 8th and 9th Vic: 89. "The Collector of duties at any British possession within the said limits and not under the Government of the said Company and at which a Custom house is not established, together with the Governor, Lieutenant-Governor, or Commander-in-Chief of such possession in respect to ships or vessels to be there registered" by delegating a power to the "Collector of any local duties" which may be payable at such place.

But as the decision forwarded by the Despatch of the Earl Grey, dated the 8th September 1846, and numbered 19, contains the words "if there be any such at Hongkong", it may not be unadvisable to ascertain that the present system of registration here is in accordance with the above sanction.

At present the certificate of registry is signed by the Governor together with the Colonial Treasurer. The monies collected by the latter are inland impositions in the nature of excise duties; viz: duty on goods sold by auction, sums payable for Licenses to retail spirits and opium, and for cutting stone and weighing Salt all collected under local ordinances. When it is considered also that the Port of Hongkong is a free one; no duty paid at its quay or on exports or imports and that the Cape of Good Hope, before the appointment of a Collector of Customs there, was, as concerns ships' registry, the object of special enactment, it may be an additional reason for desiring to be fully assured that we have in the Colony such a Collector as was contemplated by the authorities in England.

(Signed) Paul Sterling

19th April, 1848

Memorandum by the Colonial Treasurer.

The Colonial Treasurer was not originally charged with the Collection of any duties or of any Revenue whatever; but Mr. Martin, when holding the office, having volunteered to relieve the Surveyor General of the taste of collecting the Rent of Lands leased; the collection of other items of Revenue was by degrees brought within his province, and at present the Treasurer may be called the principal collector of Revenue.

Strictly speaking however, the only Duties which he collects are those on goods sold by auction, unless under such head may be brought sums payable on spirit and opium Licenses, the rights of Stone cutting, salt weighing, &c., &c., &c.,

(Signed) W. T. Mercer,

Colonial Treasurer.

The subject of reconsidering the Rules of Court objected to by Mr. Hulme being introduced by His Excellency The Governor, the Acting Chief Justice and the Attorney General, individually, laid before Council their views on the matter; and after consideration thereof, it was resolved that these minutes should be transmitted to Earl Grey, with His Excellency's observations thereon. The Colonial Treasurer acquiesced in the views expressed by the Acting Chief Justice.

After discussion, it was resolved that the revisal of the provisions of Ordinance No. 6 of 1847 "for extending the summary jurisdiction of Police Magistrate and Justices of the Peace" should be for the present postponed; and that in the meantime Mr. Hillier, the Chief Magistrate, be called on to send in a memorandum of crimes, such as petty larcenies, &c., which, though punishable by the Magistrate under the Ordinance (No. 6 of 1847) now before the Council, were not so under the provision of previous ordinances at present in force, and which it appears to him desirable should be summarily disposed of.

(Signed) S. G. Bonham

Read and approved this 18th day of May, 1848.

(Signed) L. d'Almada e Castro,

Clerk of Councils.