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FROM
1923
HONG KONG
60896
DATE
Gov Stubbs
352
Bhovem be
17 DEC 23
FOR CIRCULATION :—
SUBJECT
Mr.
Mr.
M
V.
A&M. DIS. of S.
Pong Wai Ting, hui Wai Long • Ko Ho hang
bol Govt.
ning
415
Perm U.S. of S.
Part U.S. of S.
Secretary of State.
com
Previous Paper
مد نا ہو
Action-
Subsequent Paper
Gym 53840/14
Vide
infor
KSR
127/1
States that action has been
Commented in respect of resumption
tertain land in the hew Territories. Acks that he
7 be referred for the opinion of the hew officers of
matte The Cravo
MINUTES
I do not think that we can ask the
Law Officers to tell us their practice in advising His Majesty with respect to the grant
of a fiat. Section 480 of the Civil
Procedure Code is a misconceived and
mischievous provision for the reasons which are
clearly given by Mr. Kemp, and should, in my
opinion, be amended.
This action also I think is mis-
conceived since it seems to depend upon a
fiction, or what I believe to be a fiction, that a Governor's disregard of his instructions
in respect to assenting to a Bill renders the
Act bad, but if this is so it is not, in my
view, a reason for refusing a fiat. The
modern tendency is not to prevent access to
His Majesty's Courts, and as we know, what is
generally done if it is thought that the
proposed action is not maintainable in law
is to grant a fiat and to give notice that the
Crown will demur. I think that a refusal of
a
|(4) (367678) WŁ. 20112/36 Gp. 140 80,000 11.23 Was Lid.