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which I have already referred grant the lease of the "slip" as
now prayed by Messrs. Deacon and Hastings.
For a reason unknown to me (probably from
a mistaken feeling of delicacy operating against validating expost facto a lease declared by the Supreme Court to be ultra vires) the lease of Lantao Marine Lot No. 2 was exempted from the operation of the validating provisions of the Ordinance
21 of 1901.
His Excellency however need feel no deli- cacy in now exercising his undoubted powers under the Ordinance
for as has been observed the Judgment of the so called "Full
Court" was that of the Chief Justice only a Judgment the
soundness of which I, with great respect, venture to question.
-
My advice therefore is that the lease of
Lantao Marine Lot No. 2 declared by the Full Court to have been
granted ultra vires be cancelled; and that under the powers
conferred upon His Excellency the Governor by Ordinance 21 of
1901 passed subsequently to the date of the Judgment of the
Full Court a fresh lease in the terms and to the extent prayed
by Messrs. Deacon and Hastings be granted.
(Sa:) H. S. Berkeley,
14th. August, 1908.
Attorney-General.
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