5.x

4

5

Gps Pensent.

Thinks that there is

C

unsunderstanding

As to the position löken by the T. Sot, and

sales

that the Leasury

of the ohmion that.

defialety

the expense of the

Reference should not be borne on

Imperial Junds

A

It seems to me that we must now ask for a

decision as to which of three possible courses are to

be taken:

(1) We can press the Treasury officially in

the matter, pointing out that this is not an appeal but

a reference to the Privy Council by His Majesty on the

advice of the Secretary of State for the Colonies; that

the Colonial Office has no Solicitor's Department or

Legal Vote; and that it has always been the established

practice that where it is necessary for the Secretary

of State to incur legal expenses, he goes to the

Treasury Solicitor.

(2)

To insist, if we can, upon Hong Kong bear-

ing the cost. I do not feel so clear about this as I

did in a minute which I wrote previously.

(3) To write to the Treasury, Admiralty, and

other Departments concerned, saying that, notwithstand-

ing the advice of the Law Officers, we are unable to

proceed with the matter, as we cannot ask Hong Kong

to bear costs incurred by the Secretary of State and

the Treasury refuse to allow the Treasury Solicitor to

incur them, and that therefore the erroneous law of

piracy which we are told now exists in the East must

remain, with all the inconveniences and even dangers

which that may involve.

A

1.10.32.

I think we should proceed as in (1),

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