BURCHELLS.

Sir John Risley, K.C.M.G., K.C. 5, The Sanctuary,

14

13

C.T. D. BURCHELL.

A.W.BURCHELL.

C.B.

PHONE - VICTORIA 6431.

Colonial Office,

Downing Street,

Westminster, S.W.-1.

PLEASE ADDRESS YOUR REPLY TO THE FIRM AND REFER TO INITIAL

C.

Westminster, S.W.1.

17th August,

29

19...

Dear Sir John,

Tai Koo Sugar defining Company Limited

Hong Kong.

13

copy

سمى

Ainsd

сто

I am in receipt of your letter. I have looked up

all the papers in this matter and refreshed my memory so as

to enable me to answer the enquiry of the Governor of Hong

Kong.

At the consultation between the leading and junior

counsel instructed in this matter, Mr. Lavington the junior

counsel was strongly of opinion that an injunction could be

obtained, but Mr. Simonds K.C. was doubtful. Counsel met

several times after that privately and eventually gave the

joint opinion of which I sent a copy to Bushe. The point of

the injunction is dealt with under the heading (3) in which

counsel state that it raises "a somewhat difficult question.

"Most of the cases dealing with the rights of third parties

"who have been damnified by actions ultra vires a Company are

"cases relating to statutory companies but in the case of

"National Telephone Company Limited

Constables of St.

V.

Peter Port, 1900 Appeal Cases 317 Lord Davey in his judgment

"does not seem to imply that in such a case as this the

1.

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