CO129-007 - Sir John Davis - 1844 — Page 120

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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some, means be devised for controlling him in the exercise of this very comprehensive authority. In the Australian Colonies Parliament has expressly reserved to the local Legislature the right of determining from time to time these general questions of applicability or inapplicability, of the English Law. Since at Hong Kong there is but a single Judge, the express reservation of such a power, in a power would seem peculiarly necessary there. Perhaps it could be right to require a Report from the Judge to the Governor of every general Rule of this nature which the Judge had laid down in order that the Governor might be able to consult the local Legislature as to the expediency of affirming or of dis-affirming any such rule.

The proviso at the close of the Third Clause determines that the Law of England shall prevail in all questions touching the right or title to any real property. On this subject therefore the test of applicability is not to be resorted to. It appears to

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some, means be devised for controlling him in the exercise of this very comprehensive authority. In the Australian Colonies Parliament has expressly reserved to the local Legislature the right of determining from time to time these general questions of applicability or inapplicability, of the English Law. Since at Hong Kong there is but a single Judge, the express reservation of such a power, in a power would seem peculiarly necessary there. Perhaps it could be right to require a Report from the Judge to the Governor of every general Rule of this nature which the Judge had laid down in order that the Governor might be able to consult the local Legislature as to the expediency of affirming or of dis-affirming any such rule. The proviso at the close of the Third Clause determines that the Law of England shall prevail in all questions touching the right or title to any real property. On this subject therefore the test of applicability is not to be resorted to. It appears to Page 120 Page 121
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TIL some, means be devised for controlling him in the exercis of this very comprehenne Sof anchority. In the Qustration Coloures Pailt has expressly reserved to the local Lepislarme the right of determining from time to time these general questions of applicability or mapple- _cability, of the English Law. Since at Hong dere is buta Kong single Juge, the express reservation of such a power, in a power would seen peculiarly necessary there. Perhaps it conuts be right to require a Report from the Juage to the Governor t ދ 117 of every general Kull of this nature which be, the judge had lard down in order that the Soncinor might be able to consult the local Legislature as to the expediency of affirming or of dis- -affirming any such rule. first The promise de at the close of the Third Clause determines that the Law of England shall prevail inall questions touching the right or title to- any real property. Ou this subject therefore the test of applicability is not to be resorted. مند to. It appears to Page 120Page 121
2026-05-16 16:21:16 · Baseline
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TIL

some, means be devised for controlling him in the exercis of this very comprehenne

Sof anchority. In the Qustration Coloures

Pailt has expressly reserved to the local Lepislarme the right of determining from

time to time these

general questions of

applicability or mapple- _cability, of the English Law. Since at Hong

dere is buta

Kong single Juge, the express reservation of such a power, in

a power would seen peculiarly necessary there. Perhaps it conuts be right to require a Report from the Juage to the Governor

t

ދ

117

of every general Kull of this nature which be, the judge had lard down in order that

the Soncinor might be able to consult the local Legislature as to the expediency of

affirming or of dis- -affirming any such

rule.

first The promise de at the close of the Third Clause determines that

the Law of England shall prevail inall questions touching the right or title to- any

real property. Ou this subject therefore the test of applicability

is not to be resorted.

مند

to. It appears to

Page 120Page 121

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