The Gook night; a think, rely upon is of
ord to t
to gather still and
by
of the
alleged customary right
except in the
aua coaud
the heave of the time hot 2 - But the pathic
rights in that aver
to brez and this decision in the shell, cos"
Au
pressed by the provivo
J. J. R. 21/11 Jud/23
Mr Lucas
Paul.
Japee. This is a most scandrion, instance of robbing Peter to pay
J. The petitioners had proved their behal right to take shells. The gost in order compensating the unsuccesful parties to the suit lake advantage
new law to deprive betis of ther established right.
to save
They
are not entitled to do so
de peive
of their rights
without compensating the person whom they
40
o
on every principle gronem justice the petos must be compensated & direct compensatio
Card
Point this out
to be assessed ofiven byartitiation. We dare not trust the fort to compensate
without
award.
HBC
23
3/11
C.PL
23
at once
C
462
No.
Hongkong.
sir,
Enclosure 1.
The September,
11903.
C. O.
549
40121
Reco
Government House 4 NOV 031
Hongkong, 2nd. October, 1903.
I have the honour to transmit herewith
for your consideration the enclored Petition signed by certain
fishermen and semen residing in the neighbourhood of Lantao
Island, in the New Territory, praying that certain leases
granted by the Government for the collection of shells and
coral within certain limits off the coast of that Island, may
be cancelled and set aside, in order that your Petitioners
may be enabled to resume the occupation from which the leases
now debar them.
Conclosure
14th August, 1902. Enclosure 3.
617th April 1963. Enclosure 4.
4. June 1902.
us
2.
The circumstances under which the leases
in question were issued are set forth in the Attorney-General's
minute of the 14th. August, 1902, and the subsequent advice
tendered by the Executive Council on the matter is contained
in the accompanying extract from the Minutes of the Council. The letter from Messrs. Deacon and Hastings (of which a copy
is also attached) to which Sir Henry Berkeley refers in the
first paragraph of his minute, shows why the Goverment decided
to grant leases of the right to collect coral and shells,
namely, to escape the necessity of paying compensation to the
holders of the former lease which the Supreme Court had de-
clared ultra vires and void.
THE RIGHT HONOURABLE
THE SECRETARY OF STATE FOR THE
COLONIES.
3.