Sessional_Paper_1886-1887 — Page 225

%

222

36

In paragraph 2 of that despatch he states:

"In the absence of further and more convincing arguments than those at present before me, I am not prepared to sanction the abandonment of the proposed Ordinance; and I should be glad, if possible to ascertain the views of some of the. leading Chinese in the Colony and of the Po LEUNG KUK in regard to the Bill.”

He then deals with Mr. O'MALLEY's objections.

And concludes his despatch with the following paragraph

-

"Evils of the kind dealt with in this Draft Ordinance should, in my opinion, be opposed by giving strong powers to the executive; and the abuse of such powers may be prevented by giving the greatest possible publicity to what is done. The desired publicity would to some extent be obtained by associating the Chinese Committee with the Registrar General; and the latter might also be required to make periodical reports to the Governor of all action taken under the Ordinance, which reports might, if thought desirable, be published."

This despatch was communicated to Mr. O'MALLEY who submitted the follow- ing observations:-

CC

Taking in order the points raised in several clauses of paragraph 5 of the Secretary of States Despatch No. 51. As to clause 1 confess I cannot devise any definition of what should constitute reasonable suspicion; but possibly the Registrar General, who is acquainted with the subject, may be able to do.

"As to clause 2 I do not think that a Consulting Committee of Chinese would furnish any real guarantee of publicity, or any sufficient substitute for it.

"As to clause 3, I do not think my objection on this point has been under- stood. The child could be taken away; but the question is what is to be done with it; where is it to be kept, or put; who is to have the care of it; and who is to be responsible for its maintenance, &c.

"As to clause 4. This paragraph contains a suggestion by way of answer to the last question who would seem to imply that the Chinese Society for the pro- tection of women and children should be placed by law in loco parentis in respect of such children as are taken under Section 3.

"There is no clause numbered 5 in the despatch No. 51.

"As to clause 6 I have nothing to add.

"As to clause 7 I beg respectfully entirely to dissent from the notion that either the association of a Chinese Committee with the Registrar General or a system of periodical reports by the Registrar General would secure the greatest possible publicity or indeed any effectual publicity at all in the working of such provisions as are contained in the draft."

These observations appear to have been transmitted to the Secretary of State, but as far as I can learn no answer has been received thereto.

In accordance with the instructions of the Secretary of State the leading Chinese and the Chairman of the PO LEUNG KUK were consulted. The Registrar General in his letter of the 17th April before mentioned reports that they were all of opinion that the Bill with some slight alterations should be introduced at once.

Owing to the late period of the Session at which that letter was received it was not possible to proceed then with this subject.

Mr. O'MALLEY's objections were:-

1. That there was no definition of what should constitute reasonable

grounds of suspicion.

2. That the measure conferred too much arbitrary power to be exercised

by the Registrar General without publicity.

3. That the Bill did not say what should be done with the child.

4. That Section 3 involved too great an interference with the domestic

affair of the Chinese population.

5. That Section 4 was objectionable as giving the Judges duties and

powers which are in no proper sense of the word judicial.

The Secretary of State has dealt with these objections in his despatch, and I have endeavoured as far as possible to meet the view of all concerned.

Page 225Page 226