3769
PUBLIC RECORD OFFICE
C.O.
Reference :-
885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
15 PUBLIC RECORD OFFICE, LONDON
:
SIR,
No. 175.
(Fіл.)
LAW OFFICERS to COLONIAL OFFICE.
[Suspension of Dr. Hallen, late Government Medical Officer, Fiji.]
Royal Courts of Justice,
January 28, 1903.
We were honoured with your commands signified to us by Mr. Bertrani Cox in his letter of the 18th December last, stating that he had been directed to ask our report upon certain questions arising out of the suspension of Dr. Hallen, late Govern- ment Medical Officer in Fiji.
That on the 3rd October, 1896, Dr. Hallen was offered an appointment to the post of Assistant Medical Officer in Fiji on the terms specified in the letter addressed to him on that date, which offer he accepted by a letter dated the 6th October.
That it would appear that Dr. Hallen's conduct in Fiji was in several respects un- satisfactory, and that in a despatch, No. 70, of the 18th of July ultimo, the Adminis- trator reported that, with the unanimous advice of his Executive Council, he had sus- pended Dr. Hallen, and forwarded (1) a copy of a report by the Assistant Colonial Secretary and Chief Medical Officer, in which they made four specific charges against Dr. Hallen, (2) a copy of a letter, with enclosures, which was addressed to him set- ting forth the grounds of his intended suspension as required by Colonial Regulation No. 84, (3) copy of the correspondence between the Government and Dr. Hallen with enclosures, (4) an extract from the Minutes of Council held on the 17th July, 1902.
That it would be seen that of the four charges originally preferred two, the second and third, were not proceeded with; but that the Executive Council having considered the remaining charges brought against Dr. Hallen, unanimously advised his suspension. That with regard to the first charge, that of engaging in private business contrary to the Colonial Office rules, you were not satisfied that such an offence was proved, masmuch as the purchase of landed property was not in itself forbidden by the Colonial Regulation No. 76, and Dr. Hallen by leasing the land and stock which he had acquired in the Colony terminated his connection with the cattle and stock business, and it could hardly be maintained that receiving the rents arising from the property amounted by itself to engaging in trade or being connected with a Commercial undertaking.
That with regard to the fourth charge, that of being absent from duty without leave, the Administrator's somewhat obscurely worded minute of the 2nd June direct- ing that Dr. Hallen was not to receive salary from the date on which his leave expired and until such time as he assumed duty at Taviuni, coupled with the omission to return any reply to Dr. Hallen's letter of the 5th June, acknowledging the terms of that minute as a "fair and convenient arrangement," presented some appearance of a cou- donation of the Doctor's previous absence and of the grant of further leave withou salary. But, that taking into consideration all the preceding circumstances, the re- peated directions to take up duty at once, and the threat of suspension in the Chief Medical Officer's letter of the 27th May, you came to the conclusion that Dr. Hallen was not justified in construing the terms employed by the Administrator into an indefinite extension of leave without salary, and, therefore, that substantial justice would be done by confirming his suspension.
That the suspension was accordingly confirmed by a despatch, No. 78, of the 26th September, but that a confidential despatch was also addressed to the Governor on the same date commenting adversely upon the manner in which the Colonial Govern- ment had dealt with the case.
That a despatch, No. 86, of the 11th October, had since been received from the Governor of Fiji transmitting (1) a Memorial addressed to the Secretary of State by Dr. Hallen, protesting against his suspension; and (2) copy of further correspondence between Dr. Hallen and the Assistant Colonial Secretary regarding his suspension.
That Dr. Hallen's protest was founded upon two grounds: (1) that no proper charge was formulated against him as required by Colonial Regulation No. 84; (2) that consequently the proceedings in the Executive Council were irregular, and that he was only informed that the charge was "trading." That he, therefore, almost completely passes over the charge of being absent from duty without leave.
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