:
Jungl
W
/0 0 P Y
Hon. Colonial Secretary,
C O.
234
35429
Hud 4 00. 05)
In my opinion Messrs. Kelly have no claim
legal or moral to be paid anything by this Governmert.
The letter from the Colonial Secretary
dated 14th. July, 1902, upon which they rely was not written until 2 years after they had entered into the agreement to buy from Ho Lap Pun the land which he subsequently by "forgery and perjury" induced the Land Court to declare to be his; the last of the 8 payments on account of purchase money was paid more
than a month before the letter was written, and nothing was paid subsequently. The assertion that on receipt of the Colonial Secretary's letter of 14th. July, 1902, Messrs. Kelly might properly have been advised to complete the purchase can surely
have no bearing on their claim:-
1.
because no respectable rirm of Solicitors
could have advised completion, in the sense of payment of the balance of purchase money, before the actual issue of a Crown Lease by the Governor to Ho Lap Pun had taken place;
3.
Brand
because as a fact nothing was paid by Messrs.
Qu Kelly after the 9th. June, 1902, five days before the date of
7
the Colonial Secretary's letter while it is audaciously suggested if not actually asserted, caused Messrs. Kelly to act to their
prejudice.
There has never been from first to last any privity between this Government and Messrs. Kelly. If the latter are entitled to compensation for loss occasioned by the fraudu- -lent act of ho Lap Pan in agreeing to sell them land which did not belong to him the remedy lies in proceeding against him and
him only.
At the time (14th. July, 1902) when the Colonial