Hongkong.
12th June 1867.
Governor's Grave
Sir,
Richard
His Grace
MajorDonnell CB.
The Tuts of Pussingham & Chandos
Police and Lighting Paper
Claim of Military
Exemption from Office Quarter. Opinion of Attorney General-
Question referred by General to War Department.
I am of opinion that in one case the officer is exempt from the accommodation, although perhaps more than is necessary, if afforded the most suitable house that could be procured for the purpose in the neighbourhood.
The facts in the present case are not sufficiently stated to enable me to judge whether there is any excess beyond what is reasonably necessary.
I have written to the War Office to ask whether the accommodation is reasonably necessary for Captain Carey in the discharge of his duties.
I asked them to state more precisely what is the tone of the house, what family Captain Carey has, and what number of rooms are required for the military duties he has to perform.
It is stated that he would have been entitled to 4 rooms in the barracks, that is, there is a legal issue in this present accommodation.
But even if there is, it is probable that the rate was made upon the whole premises, not just upon the part occupied by Captain Carey.
As to the question of the proper time for making claims of exemption on military grounds, I support that the Secretary of State should be asked to furnish instructions that, whenever practicable, such claims should be made within the time limited by the Ordinance.
I will send the despatch and enclosures to the War Office for their particular consideration.
N.B.
300-7556 Home 8.0_147781.
I.W. Adderley
Ankered
13th August 1867.
Duke of Buckingham
My letter was drafted before the War Office letter arrived.
I have made some alterations.
N.B.
13/8.
I have the honour to transmit to you copies of a despatch of the 12th June from the Governor of Hongkong with enclosures.
From this, it will be seen that the Acting Attorney General, W. Pauncefote, dissents from the view taken by Mr. Ball.
No. 8608.
23 August 1867.
With reference to your letter of the ... (missing date) ... I have the honour to transmit to you for the purpose of being laid before the Secretary of State for War, copies of:
1. The despatch from the Governor of the 12th June;
2. The opinions upon the question of rating the premises occupied by Captain Carey.
Two points for consideration appear to arise upon this despatch: first, the legality of the present rate; and, secondly, the proper time for claiming exemption.