7216. Hong Kong
MINUTE PAPER.
Marland
1629/6
7206
170
The Law Officers advise that no further proceedings be taken in the case which was the subject of information for a libel lodged by Mr. Macalister at the instance of Mr. Kay, on which the Court gave judgment for the defendant on the ground (amongst others) that an Acting Attorney General could not exercise the powers of the absent Attorney General in filing such information.
Under these circumstances I forwarded a copy of this Minute to the Governor and informed the P.O. that Balfour did not intend to stay the proceedings. Any further letter is confidential, & therefore if sent to his Excellency should be transmitted in a Confidential Despatch.
It is proposed that a further Despatch should be sent in answer 15857. It is stated therein that it is not desirable under all the circumstances to advise that the prosecution should be proceeded with as circumstances have occurred which render it very doubtful whether the proceedings will be successful.
Lord Lansdowne
Lansdowne a Luxembourg
Desiring further, and that the Government have been so informed - desiring a postponement to be entered upon the pending informations.
I propose to omit the word "the great question of Procedure
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inasmuch as Acting opposed to...