1856-06-12 — Page 1

12th 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 Council were read and approved.

As ordered at the last meeting, Mr. Mitehell and Mr. May attended His Excellency in Council, and stated their views with regard to the infliction of corporal punishment for offences against the proposed Ordinances for lighting the City of Victoria, and for regulating Chinese Burials, and to prevent nuisances.

Mr. Mitehell represented that the power exercised by the Court of Petty Sessions as to such punishment has hitherto worked well in practice and should not be disturbed.

Mr. May desired that the infliction of corporal punishments to a certain extent should be retained in the Ordinance.

With regard to the appeal to the Supreme Court provided for by Section I of the Lighting Ordinance, Mr. Mitehell suggested that it would be cheaper and more expeditions to parties concerned, to have it transferred to the Court of Petty Sessions.

Five Attornies, represented by Mr. Day as Counsel for the Hongkong Law Society, were in attendance and called into state their objections to the Draft Ordinance for the admission of candidates to the Rolls of Practitioners in the Supreme Court. The learned Counsel said that the measure was uncalled for, considering that the prevent strength of Attornies, seven in number, was amply sufficient for the requirements of the community; and that in the event of paucity, (if such a contingency was ever to occur), the Supreme Court would meet it under Section 11 of Ordinance No. 6 of 1845. He observed that the Ordinance contemplated the admission of Salaried Officers to act as Attornies, which was contrary to British Law. That the rule laid down for the examination of Candidates was at variance with the provisions of the Act of Parliament 6 and 7 Victoria, cap: 73. He argued that the Enactments authorizing the enrolment of Aliens, nay of Heathens, to practice in the Supreme Court of Justice, were unconstitutional, and in direct violation of the Statutes; and lastly, that the whole tenor of the Ordinance was especially opposed to the upholding of those rights and privileges which the Law and the Judges of England have hitherto secured to the Profession. He therefore entreated His Excellency The Governor not to give his assent to this Ordinance. Mr. Day and the Attornies then withdrew.

Consideration of the Ordinance for lighting the city was resumed.

The Lieutenant Governor suggested that the appeal under Section I, for the reasons assigned by Mr. Mitehell, should be to the Court of Petty Sessions. The Chief Justice and Mr. Edger supported the suggestion; but the majority of the Council referring to Section 3 of Ordinance No. 3 of 1851, decided against it, and the section remained unaltered, and passed.

After considerable discussion it was unanimously Resolved, that Section 9 in this Ordinance be expunged; and it was expunged accordingly.

The Ordinance was their finally read, put, and passed. It bore the following title:- "An "Ordinance for lighting the city of Victoria", being No. 11 of 1856.

The second reading of the remaining sections of the Ordinance to regulate Chinese Burials and to prevent nuisances was resumed.

Sections 2, 3, 4, and 6 were discussed, amended, and passed.

Section 5 was read a second time, and passed.

A new section enacting that whipping may be substituted in the care of offences against section VI, Division 1 and 4, was agreed upon, inserted as No. VII, read, and passed.

The original section VII was made No. VIII.

Resolved that Section 9, providing for substitution of penalties under the Ordinances enumerated in Section I, be struck out, which was accordingly done.

The original Section VIII was then made Section IX.

The Preamble was discussed, and amended; and the second reading of the Ordinance being completed, it passed the Council under the title of "Ordinance to regulate Chinese Burials, "and to prevent certain Nuisances, within the Colony of Hongkong", being No. 12 of 1856.

Resolved that there two Ordinances be published in the next Government Gazette.

The Council then adjourned till Saturday, the 21st instant, at one o'clock, when the Ordinance for the admission of Attornies, &c., in the Supreme Court will be again brought forward for discussion.

(Singed) John Bowring,

Governor.

Read and approved

this 21st day of June 1856,

(Signed) L. d'Almada e Castro,

Clerk of Councils.