1849-07-19 — Page 1

19th July, 1849.

Present:

His Excellency The Governor,

The Honorable The Attorney General,

The Honorable The Colonial Treasurer.

The Minutes of the last Council were read and approved.

Read the second time and passed the Consular ordinance entitled "An ordinance to regulate "and declare the Duties and office of Consular Agent", being No. 2 of 1849, which was ordered to be printed and published in the Government Gazette.

His Excellency The Governor on proposing the passing of the Consular ordinance, entitled "An ordinance for the safe and better custody of offenders sentenced to imprisonment "by any of the Consular Courts in the Dominions of the Emperor of China", laid on the Table a Letter from the Chief Justice stating in writing the reasons which he had expressed at the first reading of the proposed ordinance, for withholding his assent to the provisions thereof, which Letter His Excellency desired should be entered in the Minutes of this Meeting, and is as follows:-

To His Excellency The Governor,

&c. &c. &c.

Tuesday, 17th July, 1849.

Sir,

In accordance with your request that I should state in writing my objections to ordinance No. of 1849, intituled "An ordinance for the safe and better custody of "offenders sentenced to imprisonment by any of the Consular Courts in the Dominions of the Emperor of China," I proceed now to do so as briefly as possible.

In the first place the ordinance in question proposes to add to the sentence of imprisonment the punishment of deportation, which latter punishment – seeing that the party at the end of his imprisonment can only return to the place whence he was deported at very considerable expense where the Port is a distant one – may lead to perpetual banishment: should it not, it at least operates as a fine. So that in fact both deportation and fine (except in the case supposed of the sentence being converted into perpetual banishment) are inflicted in addition to the simple sentence of imprisonment. Secondly – where the deportation takes place at a distant Port the term of imprisonment, according to the sentence, may expire long ere the Vessel arrives at her destination: thus further adding to the punishment originally awarded.

I would also observe that in as much as it is my humble opinion that each Port should bear the burthen of its own bad characters, and considering, that Hongkong is already too much over-run with vagabonds, I view the proposed measure as impolitic as well as unjust towards the inhabitants of this Colony.

I have the honor, &c.

(Signed) John Walter Hulme.

Read the second time and passed the Consular ordinance, entitled "An ordinance for the "safe and better custody of offenders sentenced to imprisonment by any of the "Consular Courts in the Dominions of the Emperor of China", being No. 3 of 1849, which was ordered to be printed and published in the Government Gazette.

(Signed) S. G. Bonham

Read and Approved this 26th Day of July, 1849.

(Signed) L. d'Almada e Castro,

Clerk of Councils.