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were, at any rate in part, incurred while the transaction must have been still of a purely speculative nature, i.e. before the letter of the 14th July, 1902, was written.
17. I would further call your attention to the fact that the letter of the 14th July, 1902, was not written to Messrs. Ewens and Harston, the Solicitors of Messrs. F. S. Kelly, and Ellis Kelly, but to Messrs. Deacon and Hastings, the then Solicitors of Ho Lap Pun. No reference was made to this letter in various communications addressed to the Colonial Secretary by Messrs. Ewens and Harston before the 18th May, 1904, and it is difficult to avoid the inference that it only recently came into their hands and that no expenditure at all was incurred by their clients on the strength of it.
8. I propose to investigate this point and in the meantime I suggest that you should authorise me to award compensation to Messrs. F. S. Kelly and Ellis Kelly to cover any expenditure which it may be proved to my satisfaction was actually incurred by them on the strength of the Colonial Secretary's letter of the 14th July, 1902, and that I should inform Messrs. Ewens and Harston in reply to their appeal to you that you have given me this authority.
I have the honour to be, Sir, Your most obedient Humble servant, M. Wethan Governor, &c.