1856-06-11 — Page 1

11th June 1856.

Present:

His Excellency The Governor,

The Honorable The Lieutenant Governor,

The Honorable The Chief Justice,

The Honorable The Colonial Secretary,

The Honorable The Attorney General,

The Honorable J. F. Edger, Esquire.

The Council met to day by special summons..

The Minutes of the last Colonial were read and approved.

The Governor brought to the notice of the Council that Five Justices, assembled at the Police Court, on the 31st ultimo, to hear a plaint of Nuisance preferred by the Acting Surveyor General under Ordinance No. 8 of 1856, had, by a majority of four to one, dismissed the complaint on the ground, as stated by the Acting Chief Magistrate, that the operation of the Ordinance "would be the utter ruin of many innocent persons, arising from their ignorance of our Laws". His Excellency observed that as far as he understood this decision it meant that the Magistrates, who are solemnly sworn to obey and to enforce the Laws, took upon themselves to abrogate them. That the proper course was to have given effect to the Law, and to have made a becoming representation to the Government as to the hardship of its operation. His Excellency then read a letter which he had prepared for communication to the Justices, commenting on their decision, and pointing out that it is their bounden duty to give effect to enactments passed by the Legislative Council. This letter was unanimously approved, and the Colonial Secretary was requested to forward it to the address of the Acting Chief Magistrate.

Sections 1 to 8 of the Ordinance for lighting the City were discussed and passed. With regard to Section 9, imposing certain punishments upon Chinese offenders, it was Resolved, that it be taken into deliberation tomorrow at 12 o'clock, when the attendance of the two Stipendiary Magistrates, Mr. Mitehell and Mr. May, should be requested, to state personally their views on the subject.

Of the Ordinance for Chinese Burials and Nuisances, Section 1, 10, 11, 12, 13, and 14, were considered and passed. As to the other Sections, it was agreed that Mr. Mitehell and Mr. May should be previously heard upon the proposed penalties and Punishments.

His Excellency in bringing forward for the second reading the Ordinance for the admission of Attornies in the Supreme Court, laid on the table an application from Mr. Solicitor Tarrant, Honorary Secretary to the Hong Kong Law Society. After consideration, it was agreed that the application of the Attornies be entertained, and that they be heard by Counsel tomorrow at half past 12 o'clock precisely.

The Council then adjourned till tomorrow at 12 o'clock.

(Singed) John Bowring,

Governor.

Read and approved

this 12th day of June 1856,

(Signed) L. d'Almada e Castro,

Clerk of Councils.