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The Chinese Passenger
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I 19 DEC 06 Acx1855
Hong Kong Ordinance 1889.
Opinion of
the Law Officers of the Crown and
Mr. Rowlatt.
(2) We are of opinion that the Ordinance as it
stands does not prohibit the Governor of Hong Kong from
granting a license for a single voyage for carrying
indentured coolies to a place outside His Majesty's Dominions. There is nothing in either Act to prohibit it,
and Schedule B of the Act of 1855 and Schedule F to
the Ordinance of 1889 clearly show that the possibility
of such trade was contemplated.
(b) Whether the instructions referred to are or
are not ultra vires depends in our opinion upon
the position which the Legislature of Hong Kong occupied
in making regulations under Section 2 of the Act
of 1855.
If it was acting merely as the
depository of a special power to make regulations, it could not validly confer
either