Sessional_Paper_1901 — Page 761

MEMORANDUM

ON THE

REGISTRATION OF CHINESE PARTNERS

BY

J. H. STEWART LOCKHART, C.M.G.,

Colonial Secretary.

The question of the registration of partners in Chinese firms, which has just been raised again by the Chamber of Commerce in its letter of the 31st October, 1900, (Appendix W.) is by no means a new one in this Colony.

It was raised as far back as 1874 when the Chinese community presented a Peti- tion, calling attention to the want of a system of registration of Chinese partners, and suggesting that such a system should be introduced, and ever since that year the ques- tion has been re-opened at intervals, but has always been allowed to drop.

Unfortunately the C.S.O. file containing the documents (C.S.O. No. 3008 of 1882) dealing with the subject was lost some years ago, and, though many searches have been made for the missing correspondence, it has never been found.

Fortunately, however, in 1882, when the Chinese community made a second representation on the subject, the Registrar General of that time (Mr., afterwards Sir, James Russell) wrote a letter, in which he reviews at some length the history of the question from 1874 up to the date on which he wrote, the 7th September, 1882.

Taking Sir James Russell's letter as a guide, I have endeavoured, so far as pos- sible, to make a collection of the various documents to which it refers, and I am glad to be able to state that I have succeeded, after considerable difficulty, in forming almost a complete record.

As I have already pointed out, the question was raised in 1874 by the Chinese community in the form of a Petition. I have not been able to discover a copy of that Petition, but I have obtained from the records of the Tung Wa Hospital a copy of the minutes of the meeting, held on the 16th August, 1874, at which the registration of Chinese partners was discussed. The Petition was based on these minutes, which may therefore be regarded as practically containing the gist of what was afterwards embo- died in the Petition. I attach a copy of the minutes and a translation. (See Appen- dix A.)

The Petition presented in 1874, was forwarded by the Registrar General (Mr. Cecil Smith) on the 28th August, 1874, to the Colonial Secretary. (See Appendix B.)

The Governor (Sir Arthur Kennedy) referred the Petition to the Attorney Genc- ral (Mr. Bramston) in the following minute, dated 30th August, 1874:-"Send to the Attorney General for his consideration. I have had this matter brought to my notice on several occasions and I think some legal remedy is obviously needed."

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Mr. Bramston replied that the draft Ordinance dealing with the matter was in