COP.

No. 3462/1908.

sir,

Enclosure

2

(a)

C.0.

Rec?

90

Reef 2 JUN 11

Government House,

Hongkong, 19th. April, 1911.

150

The pressure of ordinary work has not permit- -ted me time to read in detail the press report of the recent

case of Tatam v. Howell which has been tried in the Supreme

Court, but from the terms of Your Honour's Judgment I gather

that while there was not evidence to convict Howell of the

charges brought against him, there was much in his conduct

which was of an unsatisfactory nature.

Howell is in the Public Service. It first

came to my knowledge in 1909 that he had been concerned in the

"Hongkong Butchery", and after full enquiry through Mr. J. H.

Kemp, Registrar, Supreme Court, I appointed a Committee of the

Executive Council to enquire into Howell's conduct immediately on his return from leave in October, 1909, and he was suspended

from duty. On the report of the Committee the Executive Council

advised that Mr. Howell should be dismissed the Service (19th.

November, 1909,) but the Secretary of State held the view that

the facts disclosed did not warrant dismissal and directed that

he should be censured. He add that "if it should subsequently

appear from Tatam legal proceedings against him that his con-

-duct is open to further censure he should be informed that the

case will be re-opened". I shall be glad to learn whether in

Your Honour's opinion the facts disclosed at the trial are such

as to warrant the re-opening of the case.

I enclose a copy of the charge preferred

against Mr. Howell in 1909 and of the Secretary of State's

Despatch of 28th. January, 1910.

His Honour

The Chief Justice.

I have etc., (Sd.) F. D. Lugard,

Governor,&c..

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