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. ans F erottoeë salɛongo molter(os? orld to
nt heblash (marchoon) solonet, tel:3) es
** in Iseng mu bas nsrik cox nef ben ki: all muem su torst
Goodman and Mr. Sercombe Smith confirmed that decision.
Chu Ping appealed to the Privy Council,
The Privy Council held that under the
Reclamation Ordinance frontagers only were entitled to share
in the reclamation, but decided that Chu Ping was not a Trustee
and that Chan and Pun had no rights against him: and the Privy
Council dismissed the action of Chan and Pun, but without pre-
-judice to any claim which might be made by them either directly
or through the Government, or any action they might be advised
to bring in respect of any part of the land or any sum of money
which might thereafter be awarded to them by the Governor under
Section 8 Sub-section 6 of the Reclamation Ordinance.
In the meantime Messrs. Ewens and Harston
discovered that a petition had been sent by Yiu Chow to the
Registrar-General in October, 1889, which put an aspect on the
matter quite different from that shown in Mr. Bruce Shepherd's
evidence on the trial, and drew the attention of the Govern-
-ment to the judgments of the Hongkong Court and the Privy
Council, and the petition.
Messrs. Ewens and Harston took Counsel's
opinion on the whole matter and were advised to ask His Excel-
-lency the Governor to sue on behalf of their clients to compel
Chu Ping to carry out the agreement signed by Chu Chuen on 19th.
December, 1889, and the agreement signed by Chu Ping in 1903.
Mr. Sercombe Smith, then Acting Colonial
Secretary, went very fully into the matter, and considering
that Chan and Pun had a real grievance advised the Governor to
sccede to their request, and after correspondence the present
action was commenced.
At the trial Mr. Pollock for the Plaintiff
tried to put in evidence Yiu Chow's Petition and various
minutes dealing with it, but the Chief Justice excluded this
very important evidence, on the ground that (as was unfortunately
the case) no witness was produced to prove that the Petition
was
PERENCA ANT