1850-09-24 — Page 1

24th September, 1850.

Present:

His Excellency The Governor,

The Honorable The Chief Justice,

The Honorable The Attorney General,

The Honorable David Jardine, Esquire,

The Honorable J. F. Edger, Esquire.

The minutes of the last Council were read and approved.

His Excellency The Governor informed the Honorable members that on application from Mr. Stuart the manager of the Branch of the oriental Bank at Hongkong, requesting that certain facilities be afforded to his Establishment in China to enable it to sue and be sued under a corporate style, a Draft ordinance to meet his request had been prepared. This was laid on the Table, and read; it bore the following title, namely: "An ordinance to facilitate Civil Proceedings instituted by or against the oriental Bank "in Hongkong".

On mature consideration of the privilege applied for by Mr. Stuart, it was agreed that if such as measure were to be adopted, it should emanate from the Home Authorities, because the Bank is as yet an unchartered and unincorporated Joint Stock Company, and has not obtained for itself, either in England, or in the East Indies where its proprietary is, any power similar to that which it seeks in China; and also, because, as it is a Bank of issue, the grant to it of such facilities might be deemed by the Public a Government sanction to the existence of the Bank in this Country.'

Under these circumstances, it was Resolved that the Draft of the proposed ordinance should, in the first instance, be brought to the notice of The Right Honorable The Secretary of State for the Colonies, with a request that instructions on the subject be sent out for the guidance of the Council.

(Signed) S. G. Bonham.

Read and Approved this 3rd Day of December, 1850.

(Signed) Chas: St. Geo: Cleverly,

Officiating Clerk of Councils.