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he may in his absolute discretion think sufficient as com- pensation for any injury sustained by the Reclamation; but according to Mr. C. A. Cripps K.C., the Award being under the Ordinance, the Governor is bound to decide upon proper and
legal grounds, and not in an arbitrary manner; and yet, as
against this, Lord Macnaughten in the Privy Council said that,
under the Ordinance no Court of Law could interfere with the
discretion of the Governor, which leads to the startling revela-
tion that a HongKong Ordinance can override the Statute Law
of England under which the Courts can interfere with the mistake
or misconduct of an arbitrator, and Mr. Secretary Lyttelton has
admitted that the Governor is an arbitrator.
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Fortunately, however, under the Charter of the Colony, the
Secretary of State for the Colonies is vested with power to
interfere, and Mr. Secretary Lyttelton has twice exercised that
power because he was not satisfied that substantial justice had
been done. In this Charter the Governor is commanded to do and
execute all things according to the laws of the Colony, and he
may make new laws, but they must be for the peace, order and
good government of the Colony; and it will not be contended
that to pass an Ordinance containing a clause which could not
find a place in an Act of Parliament, empowering himself to take away the rights granted in a Crown Lease without paying any compensation, if he thinks fit, is in accordance with the
laws or for the good government of the Colony.
The Courts of Law have also said that when legal rights have been taken away, the greatest care should be exercised that no injury be inflicted without adequate compensation, and that it cannot but be a point of honour with the Governor to pay full regard to the moral right, and this moral right is emphasised by Governor des Voeux, who in his message to the Legislative Council, while stating that the frontage Lot-holders are strictly entitled to compensation only in respect of the
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