1857-03-05 — Page 1

5 March 1857

Present:

His Excellency The Governor,

The Honorable The Lieutenant Governor,

The Honorable The Chief Justice,

The Honorable The Acting Colonial Secretary,

The Honorable The Attorney General,

The Council met today pursuant to adjournment.

The Minutes of the last Council were read and approved.

The Governor laid on the table the Colonial estimates for 1857, and Copies of the same being distributed amongst the Honorable Members, His Excellency stated that though he was not authorized to submit them to the votes of the Legislature, he invited any observations thereon to be finished in writing by Honorable Members, in order to be submitted to the consideration of the Secretary of State. He added that many changes would have to be made in consequence of Instructions received from the Home Government since their preparation, and that the peculiar circumstances in which the Colony had been unexpectedly placed would necessitate a final augmentation of expenditure.

The subject of giving publicity to the meeting of the Legislative Council was then discussed, but no decision was come to on this point pending Instructions from the Secretary of State in reference to the reorganization of the Legislative Council now under consideration. The Governor stated his intention to recommend that the public should be admitted at some stage of the discussions on any Ordinance.

The amended Ordinance "for amending the Ordinances therein mentioned" being brought forward for the 2nd reading, the Acting Colonial Secretary handed in a representation, which was read from the Attorneys in the Colony, objecting to the proposed Enactment; but their objections appearing to be to the same effect as those urged by them at the time of passing the Fees and Costs Ordinance (and forwarded to and acknowledged by The Secretary of State), The Governor declined to comply with the suggestion. His Excellency however at the request of the Acting Colonial Secretary undertook to forward the Letter to the Secretary of State, together with the Ordinance on the table when passed. The Ordinance was then read a 2nd time, amended, and passed, the Acting Colonial Secretary dissenting. The amendments were: 1st The omission in Section II of the words repealing "so much of Section seven of the Ordinance No. 14 of 1856 as allows any discretion as to the amount of Fees payable in the cases therein mentioned." 2nd The introduction of a new section (No. IV.) declaratory as to act of Parliament 17 and 18 Victoria Cap: 125. The first amendment was objected to by the Chief Justice and the Acting Colonial Secretary.

The Ordinance, as amended and passed, bore the following title. "An Ordinance for amending the Ordinances therein mentioned," being No. 4 of 1857, which was ordered to be published in the next Government Gazette.

The Acting Colonial Secretary expressed his intention to put in his grounds of Dissent from this Ordinance at the next Meeting of the Council.

The two following Draft Ordinances were read a first time, and ordered to be printed for circulation amongst the Honorable Members; namely:

"An Ordinance for "registration and regulation of the Chinese people, for the "Population census, and for other purposes of Police within the Colony of "Hongkong;"

"An Ordinance for salvage and prize in certain cases."

Read and passed, and ordered to be printed and published in the next Government Gazette, a Rule of Court submitted by The Chief Justice regulating Proceedings in Writs of Foreign Attachment.

The Council then adjourned sine die.

(Signed) John Bowring,

Governor.

Read and approved,

this 9th Day of March 1857.

(Signed) L. d'Almada e Castro,

Clerk of Councils.