subject to restrictions, the French Ambassador has been told that the application of the Mesageries Maritimes company for exemption from restrictions was in the Governor's opinion founded on a misunderstanding, and the hope has been expressed that the Company will not suffer much practical inconvenience from existing restrictions, and will not press for any alteration of the laws in their favour (4505)
Me Holland. 15/9
will you dispose of this legal point, which we must commit to the Law Officers.
No Herbert
I do not think it is necessary that the Law Officers should be instructed to report upon their opinion as to the construction of the Ordinance 1871, as the doubt can be cleared up by legislation, and the Company informed of the doubt and desired to remove it by legislation.
My own impression is that effect must be given to the special proviso at the end of Clause 3, that which clears out for a voyage of more than Seven Days within the meaning of the Immigration Act of Hong Kong 1856 not within Ordinance 8 of 1878; in other words, that the Ordinance of 1878 does not apply to Ships which, when the passing of that Ordinance, were not affected by existing Ordinances, or the special Act...
This is in accordance with the view of Attorney General who drafted the Ordinance and reported upon it (the 11390) - 1071
Taking then the whole Ordinance together it should, I am disposed to think, be read as if the proviso were inserted at the end of sect. 4. and accepted as such.
354 E