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reference to a matter of public or general interest. It may be some matter solely affecting individuals and individual interests. The alleged reasons for this Ordinance being passed are inadequate to explain or justify it. The Ordinance confers powers which no Court possesses; it gives unlimited powers to be exercised by an untrained man who may be a very junior officer, in secret and without appeal, and such officer may be, and almost necessarily must be, largely in the hands of the Chinese in his department. It invests him with summary power to inflict serious punishment. It is so extensive and unlimited in its powers, so unguarded in the exercise of these powers that it is capable of the gravest abuses.
12 It may be well to here recall that the Registrar General's Department was formerly entrusted with somewhat similar powers in connection with Brothels and so abused those powers that after enquiry they were taken away by Ordinance No. 2 of 1876.
13. The following remarks made by the Senior Representative of the Chinese, the Hon. Dr. Ho KAI, in Council on 25th March, 1891, are not wholly pertinent to the present subject but they contain so much that elucidates what I have herein- before said that I quote them :—
"It is very easy to get Chinese to come to one's office, especially the Registrar General's Office, and get them to say what one wants, "for on asking them certain questions, they, observing the same "deference that they pay to officials of their own nation, will simply say 'aye, aye,' to every question addressed to them, although at the "same time they do not agree with the opinion expressed. It is a "matter of notoriety that they will not contradict official remarks. As I am here to represent the Chinese, the Government has "nominated me, and I hope I represent them, I must say I wish "when the Registrar General wishes information he would get it in "a fair and just manner, allow the Chinese to come together in open "meeting and then give the result arrived at, instead of taking "opinions given under, I will not say the terror, but the peculiar
feeling with which they come before a high official.”
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So far these statements have not been controverted.
14. There is no provision in the Ordinance for payment to the person summoned of his expenses in coming to Hongkong, of his stay in Hongkong, of his return-no compensation for his loss of time. Surely, if the Government has any legitimate enquiries to make it should carry out those enquiries on the spot in the village to which they refer. At home it may be difficult to realise how important this is to a Chinese peasant.
15. On all grounds I protest against this Ordinance. It creates a "Star Chamber" of one person permitting an enquiry to be held by the Registrar General in camerà. The Ordinance imposes heavy penalties on any Chinese (whether a British subject or otherwise) not attending on receipt of the summons or refusing to answer or produce documents, or giving false answers to any ques- tions asked. I submit that this Ordinance is not only unconstitutional and unne- cessary but it is impolitic and calculated to create disaffection. The Government has adequate powers of enquiry. without it. If for any purpose further powers are required they should be strictly limited in their scope in accordance with law and be safeguarded in their exercise in every way. The party to be examined should have the protection afforded by a power to appeal to some properly constituted tribunal. The proceedings should be public and not secret. This is desirable, if not necessary, in view of the alleged land jobbery in the Colony's New Territories
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