No. 232

Hongkong.

Sir,

Government House,

Hongkong, 28th May, 1904.

C. O. 23084

(30 JUN 04)

815

I have the honour, in accordance with your request, to make the following observations on the letter from the Foreign Office concerning the deportation of Miss Garrett from Amoy to Hongkong, a copy of which with other correspondence was forwarded to me in your Despatch No. 118 of the 20th April.

Mr. Consul Hausser in his letter of the 2nd February entirely loses sight of the fact that Miss Garrett, having only been deported to Hongkong, was under no obligation to leave the Colony, nor was it likely that she would willingly leave it, since she did not willingly leave Amoy, and would, if she could, have returned thither to obtain what she considered adequate provision for the maintenance of herself and her child. Nor was the Governor of Hongkong under any obligation to deport Miss Garrett from the Colony. Paragraph 112 of the China and Japan Order in Council of 1865 gives a discretion in the matter.

Miss Garrett was unwilling to leave Hongkong until she obtained what she considered justice. Sir Henry Blake, on consideration of her case, saw no reason why he should force her to leave the Colony. He therefore declined to deport her.

HE RIGHT HONOURABLE

ALFRED LYTTELTON, K.C., M.P.,

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