:
MINUTES.
MINUTES NOT TO BE WRITTEN
ON THIS SIDE.
416
a fiat should be reserved for cases
where the action is frivolous or
vexatious, or in some way an abuse
of the process of the Court.
Therefore I would tell the Governor
as above, and advise him to grant
his fiat, but to give notice that the
Crown will take the steps which are
locally equivalent to a demurrer and
which are to be foundin Sections 17% et
sec of the Code.
Hesplex
I agree.
I should like to add the
Er the
I cannot conceive the possi-
bility of success for any
argument that an Ordinance is
invalid owing to the failure of
the Governor to observe the
Royal Instructions.
U
Section 4 of the Colonial
Laws Validity Act, 1865, express
ly provides that "No Colonial
Law passed with the concurrence
of or assented to by the
Governor of any Colony, or to be
hereafter so passed or assented
to, shall be or be deemed to
have been void or inoperative
by reason only of any instruc-
tions with reference to such
law or the subject thereof
3
which may have been given to such
Governor by or on behalf of Her
Majesty, by any instrument other
than Letters Patent or instrument
authorising such Governor to concur
in passing or to assent to laws
for the peace, order and good
government of such Colony, even
though such instructions may be
referred to in such Letters Patent
or last mentioned instrument".
The Attorney-General's
attention should be directed to
this enactment.
There can also be no
doubt that under the combined
provisions of Articles 1 and 2 of
the Order in Council of 20th of
October, 1898 (as to the New Territories) and section 3 of the
Hong Kong Interpretation Ordinance 1911 the Crown Lands Resumption Ordinance, 1900, applies to the New
Territories.
The only question
remaining for argument seems to be whether the 1910 Ordinance and the
1900 Ordinance as applied to the
New Territories are invalid legislation for the New Territories
by reason of the Convention.
KI.R
8/11/24
At orice
wind ch