律政司署
中區政府合署(中座)
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AGC 54/230/82 (RAO)
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LEGAL DEPARTMENT,
CENTRAL GOVERNMENT OFFICES,
(MAIN WING),
HONG KONG.
The Legal Adviser,
BY AIRMAIL
Foreign and Commonwealth Office,
(Hong Kong and General Department),
London SW1 A2AH,
England.
Attn.: Mr. F. C. Burrows
6 February 1984
see my interni refly.
H.K. Dept. to enter.
L.B.
8;3/2
HKKо48hr
Dear Sir,
W? Chillz
Re: Winfat Enterprise (HK) Co. Ltd.
v. Attorney General
In the above case, of which you are aware, both in the hearing at first instance and in the Court of Appeal the Plaintiff sought to establish as legislative instruments certain "proclamations" issued by Governor Blake in 1899. In arguendo a comparison was drawn with "proclamations" issued (following the so-called Convention of Chuenpi) by Captain Charles Elliot on 29.1.1841 and by Elliot and Commodore Sir J. J. Gordon Bremer jointly on 1.2.1841 (these latter proclamations being now reprinted in the Laws of Hong Kong at Appendix IV (Vol. 25).
Through research which I have since conducted I have been able to establish that Captain Elliot and his cousin Admiral George Elliot were respectively appointed second and first commissioner, procurator and plenipotentiary under the Great Seal. I have further ascertained that on 20.2.1840 Lord Palmerston sent Instructions to the Plenipotentiaries as to the execution of their powers these instructions, together with a letter to the Minister of the Emperor of China and a draft Treaty, are contained, I understand, on the file F.O. 17/37. I suspect that the Commission must have been issued around the same date as the Instructions i.e. on or before 20.2.1840.
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/ Subsequently,
See 5 6