1851-04-01 — Page 1

1st April, 1851.

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 laid on the table the Draft ordinance which he had brought before the Honorable Members at the last meeting Council, with the following minutes attached thereto:-

By The Chief Justice

"The doors of an English Court of Justice should be open to all classes of Persons, and "therefore I object to this ordinance."

By Mr. Jardine

"I am of opinion that the provisions of this ordinance will be found necessary to remedy the "evil complained of, but before adopting to extreme a measure as to debar any class of "Persons from access to the Court, it might be well to give a trial to the working of the "modified amendment."

By Mr. Edger

"For the sake of some degree of conformity with the practice of the Courts in England, I "think it may be well first to try the effect of the modified ordinance, although it is to "be feared that recourse must ultimately be had to the stronger measures proposed "herein, in order to put an entire stop to unjust or extortionate proceedings on the past "of Chinese."

His Excellency The Governor remarked that although Messieurs Jardine and Edger had expressed their assent to the Chief Justice's amendment, yet they seemed to be of opinion that the ordinance proposed by the Governor will finally have to be carried into effect; and that under these circumstances, unless stronger grounds were shown against the expediency of the measure, than those recorded by Messieurs Jardine and Edger, he should be disposed to take the responsibility on himself, and pass the ordinance. The members were then requested to send in any observations they might wish to make, that, they might accompany the ordinance when submitted for the approval of Her Majesty.

Mr. Jardine said he had no further objection to make to the ordinance as proposed by the Governor, which he considered it would ultimately be necessary to pass. To this opinion Mr. Edger also assented.

The Chief Justice was still of opinion that the Supreme Court should be open to all classes of Residents, wherever the matter in dispute might have originated, and on that ground objected to the ordinance in toto.

The Attorney General entirely concurred in the views entertained by the Governor, and His Excellency decided that the ordinance should be read a first time, which was accordingly done. It bore the following title:- "An ordinance to regulate the "Jurisdiction of the Civil Courts of the Colony of Hongkong in certain cases." The Council was then adjourned till Saturday next the 5th Instant, when the ordinance will be again submitted for its second reading.

The amended ordinance proposed by the Chief Justice was as follows:

Title "An ordinance to abolish arrest in certain Cases under Civil Process.

Preamble whereas from the Vicinity of the Colony of Hongkong to the Dominions of the Emperor of China, it is of frequent occurrence that Chinese Subjects visiting the said Colony for a limited Time and for the Purposed of Trade, cause each other to be arrested for Causes of Action arising within the said Dominions; and whereas such Arrests are oftentimes made without any just Cause of Action and for the mere Purpose of Extortion, and likewise tend to the Injury of Traffic within the said Colony:

Be it therefore enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, That no Writ or order in any Civil Case shall henceforth issue within the said Colony for the Arrest of any Person born within the Dominions of the Emperor of China where the cause of Action has arisen out of the said Colony, unless the Defendant has been a resident therein for the Period of six months prior to the issuing of such Writ or order."

(Signed) S. G. Bonham

Read and Approved this 5th Day of April, 1851.

(Signed) L. d'Almada e Castro,

Clerk of Councils.