Sessional_Paper_1896 — Page 436

Sessional Papers 議政定例兩局文件 All

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institution is composed of persons of all nationalities, so that aliens now have a vote of which they would be deprived if the election of members of Council is to be confined to persons of British nationality.

Petitioners state that there is "no true freedom of debate" in the Legislative Council, and seem to imply that the views of the Unofficial Members are invariably disregarded. Every one who is acquainted with the history of Hongkong knows that the utmost freedom of debate is allowed on all matters brought before Council. A reference to the pages of the local Hansard will show how every measure is thoroughly debated before being adopted and what regard is paid to the views of the Unofficial Members. The same work bears witness to the ignorance of Chinese matters displayed by some Unofficial Members.

Petitioners seem to regard it as a grievance that Legislative enactinents are drafted by the Attorney General. The Attorney General would, it is almost certain, be only too ready to allow members of Council or others ambitious of figuring as legal draftsmen and who are able to fulfil the object of their ambition to share with him his labours in this respect. But as it is part of his duties, for which he is paid, to draft Ordinances, it is only natural that he should do this work especially as volunteer draftsmen have still to be found. Unofficial members of Council have never yet suggested a Legislative measure which has not received the consideration of the Council, and within the last few years more than onc measure has been brought forward by an Unofficial Member and passed into law. As an example it is sufficient to mention the Share Bill introduced by the Honourable J. J. KESWICK and passed into law by the Legislative Council. On the other hand the Unofficial Members have not infrequently strongly opposed and striven to prevent passing into law measures which they have been afterwards compelled to acknowledge by incontrovertible facts as of great benefit to the Colony. When the Stamp Ordinance, which still exists, was introduced by Sir RICHARD MACDONNELL the Unofficial Members raised a huc and cry declaring that the Governor would ruin the Colony if the law were carried. The law was carried; the Colony prospers; and the revenue receives a valuable addition from its stamp duties. This simply illustrates that to err is as human on the part of Unofficial Members as of others.

The statement in the Petition that Legislative enactments "are frequently forwarded before publication in the Colony or to the Council for the approval of the Secretary of State" and then rushed through the Council without consideration is not in accordance with facts. No reason exists for such action seeing that to every Ordinance which has passed the Council a suspension clause can be added, suspending the carrying into force of an Ordinance until Her Majesty's confirmation or disallowance has been received. Unofficial Members themselves have frequently requested the addition of such suspension clauses to Ordinances.

Reference has already been made to the knowledge and experience of Unoffi cial Members which petitioners regard as theirs by nature; the length and object of their residence in the Far East have been touched upon; and allusion has also been made to their want of leisure to study any problems outside their own business sphere.

Petitioners' reference to the Official Members "whose offices are only stepping stones in an official career" and who may be resident in the Colony for a longer or shorter period is misleading.

There are at present in the Legislative Council six Official Members exclusive of the Governor.

(1) The Colonial Secretary whom even the Unofficial Members regard

as one of the best officers this Colony has ever possessed.

(2) The Attorney General whose work is of a technical nature and confined entirely to legal matters, which as a rule do not require local knowledge.

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