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LONDON: PRINTED FOR HIS MAJESTY'S STATIONERY OFFIOR
BY DARLING & BON, LTD., 84-40, Bacox STREET, B
1901,
SIR,
No. 116A.
(Hong Kong.)
ATTORNEY GENERAL to HOME OFFICE.
[Petition of Right of Mr. M. J. D. Stephens and Mr. T. Howard.]
Royal Courts of Justice,
November 29, 1901.
I WAS favoured with your letter of the 11th instant, stating that you were directed by Mr. Secretary Ritchie to transmit to me the accompanying Petition of Right of Mr. Matthew J. D. Stephens and Mr. Thomas Howard, both of Victoria in the Colony of Hong Kong, together with a letter from the Colonial Office with reference thereto, and that you were to request that I would be so good as to favour Mr. Ritchie with my opinion whether there was any objection to the Petition being endorsed in the usual manner "Let Right be done."
I have taken the matter into my consideration, and have the honour to
Report-
That I do not think that this Petition should be endorsed "Let Right be done," and indeed, I do not think there is any power to do so.
The Petition asks that it may be referred to the Judicial Committee of His Majesty's Privy Council. His Majesty has power under 3 & 4 Will. IV, c. 41 s. 4 to refer matters to the Judicial Committee for hearing or consideration, and the Committee are thereupon to hear and consider the same and advise His Majesty thereon. But a reference of this kind does not proceed upon a fiat and I cannot see that the present case is suitable for
such reference.
..
The Petitioners' course is to apply to the Privy Council for leave to appeal from the decision of the Court at Hong Kong if they are advised that such leave is necessary, and that the case is one proper for appeal upon which I offer no opinion..
As regards the contention that the Ordinance was ultra vires, this ought to have been raised in the Hong Kong Court, and may possibly be now raised if the Petitioners are advised that there is anything in the point, as to which I express no opinion. On being properly raised before the Hong Kong Court it might, in due course, be brought before the Privy Council on appeal.
The present is a Petition of Right, and it is entirely out of order that such a Petition should be, in the first instance, heard in the Privy Council. In special cases a reference may be directed under section 4 of 3 & 4 Will. IV c. 41, but the present case does not appear to me to be suitable to such a course.
Charles S. Murdoch, Esq., C.B.,
&c.,
&c., &c.,
Home Office,
I am, &c.,
R. B. FINLAY.
10683-25-1/1902 W 352
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PUBLIC RECORD OFFICE
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