With regard to this, Mr. C. A. Cripps K.C., M.P. and
Mr. Horton W. Smith say:-
"That the Acting Governor in deciding on the claim
of your Petitioners under the said Ordinance was
acting in a judicial capacity and was bound to decide
on proper and legal grounds and not in an arbitrary
manner and without hearing the case of your Petitioners
or allowing them to know of, and to answer the case
made against them on behalf of the Governor of the
said Colony, and therefore on the admitted facts the
said Chief Justice should have set aside the Award."
This view is emphatically laid down by Lord Eldon in the
following words:-
"By the great principles of eternal justice which is
prior to all these acts of sederunt regulations and
proceedings of Court, it is impossible that an Award
can stand where the arbitrator hears one party and
refuses to hear the other."
As the matter now stands, the Hong Kong Government has received into the Public Treasury the sum of $133,500,
proceeds of sale of reclaimed land in front of our Marine Lot, and $15,000 for the right to erect a Pier in front thereof, amounting together to $148,500, out of which has been paid $32,897 for cost of reclaiming land, besides
some interest thereon, and it is now proposed to pay us
deducting only $24,367, leaving, without interest, the sum of $91,236
to credit which I submit would have belonged to us, as a
matter of right had not proper compensation as
defined by Governor Des Voeux been awarded to us.
Thus,
if such a settlement were allowed to stand, we
should not only not have received any compensation for our valuable Marine Lot, the $24,367 now awarded not covering loss
of rents, but an Act of confiscation would have been perpetrated which no Minister of State of the present day would
sanction knowingly.
I have the honour to be,
Sir,
Your Obedient Servant,
The Steward