589
This result is so different from the "substantial justice" indicated in Mr. Secretary Lyttelton's instructions to Governor Sir Henry Blake under date 21st October, 1903, that I have to ask to be allowed to see the Report of the Acting Governor of Hongkong, in accordance with the dictum of Chief Justice Sir John Carrington in his Judgment of the 1st December, 1900, where it is stated as follows:-- Although the legal right is taken away, yet it cannot but be a point of honour with the Governor to pay full regard to the moral right. And where such a right is alleged, I have no hesitation in saying that the claimant ought to be allowed a full opportunity of setting forth the grounds on which his alleged right rests and also of knowing and answering any facts and reasons which may be put forward in opposition to it.
17
As yet, I do not know the reasons that have been put forward against our claim which is based upon the admitted obligation of the Crown to compensate for the difference in value between the Lot as a Marine Lot and the value of the same land converted into an Inland Lot by the reclamation in front of it; and, until I do know them and have answered them, I confess my inability to under- stand how "full consideration" can have been given to the subject.
A 5.
[23985/04.]
I have, &c.,
(Sd). THOS. HOWARD.
DOWNING STREET,
T. HOWARD, Esq.
12th July, 1904.
SIR.-I am directed by Mr. Secretary Lyttelton to acknowledge the receipt of your letter of the 6th instant in which you ask that you may be allowed to see the report of the Officer Administering the Government of Hongkong on the question of Hongkong Marine Lot No. 184..
2. The case being one in which you had no legal claim the amount of addi- tional compensation, if any, which should be awarded was a matter wholly within the discretion of the Colonial Government. In such a case it would be unusual to state all the considerations by which the Government has been guided, and Mr. Lyttelton fears that to do so in this instance would lead to prolonged correspondence without any useful result.
3. Mr. Lyttelton is satisfied that the sum now offered is adequate and equi- table and he regrets that he can take no further steps in this matter, which has received the fullest attention on both of the Government of Hongkong and of himself.
A 6.
I am, etc.,
(Sd). C. P. LUCAS.
7 CASTLE TERRACE,
COWES, ISLE OF WIGHT,
16th July, 1904.
THE UNDER SECRETARY OF STATE,
COLONIAL OFFICE.
SIR,—I have the honour to acknowledge the receipt of your letter of the 12th instant, No. 23985 of 1904, in reply to my request to know the reasons put forward by the Hongkong Government in opposition to our claim for compensation in respect of Hongkong Marine Lot No. 184. In this reply you state that as we had no legal claim it would be unusual to state all the considerations by which the Government has been guided and that Mr. Secretary Lyttelton is satisfied that the sum now offered is adequate and equitable.