22nd October, 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 Council met today by special summons.
The Minutes of the last Council were read and approved.
The Governor brought again to the notice of the Honorable Members the proposed Consular ordinance which had been read a first time on the 29th July, and was published for general information on the 20th August last and stated that the Chief Justice, who had originally objected to this ordinance on the ground that vivâ voce Evidence was not to be dispensed with on the score of mere personal inconvenience, had lately suggested to His Excellency the propriety of testing the Soundness of the complaint preferred by the mercantile Community at Canton by calling for a return of the number of British Residents there who have been compelled to give their personal attendance as Witnesses at Hongkong since the Establishment of the Supreme Court. Also, to ascertain how often any such witnesses have been obliged to bring down their Books. As regards the more distant Ports, the Chief Justice observed, he is not aware of any witnesses having been brought down to Hongkong; that in these instances a Commission issues, and such would be the case with respect to a witness at Canton, upon proper cause shown; and lastly, that the Chief Justice is not disposed to object to the reception in Evidence of Extracts from their Books duly taken.
On mature consideration of the above statement, it was resolved that the proposed ordinance should for the present remain in abeyance.
(Signed) S. G. Bonham
Read and Approved this 3rd day of January, 1852
(Signed) L. d'Almada e Castro,
Clerk of Councils.
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