CO129-034 - Sir Bonham - 1850 [9-12] — Page 243

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

defaulter-

That I am not personally liable to such an exaction must, I think be admitted when it is recollected that the premises are presented and paid for by the respective officers of Ordnance_ at the rate of £500 per place of business for the Commissariat; while my own share of the occupation is limited by Her Majesty's Regulations to a mere sectional part for which I am charged only £20 or a twenty-fifth of the whole rental.

But even as a claim of the Local against the Home Government, I submit that it is utterly inadmissible—there is not, I believe, the shadow of a precedent for it either in this or other Colony. Buildings occupied as Barracks or otherwise for and on behalf of Her Majesty's Troops "have always a prescriptive right to exemption from local rates; and it would seem only fair to conclude that this right extends also to Buildings hired by the Crown as the difference between them and actual Crown property is a question simply of duration or expense with reference to such rates which, if even levied upon the Landlord, would have to be paid indirectly by the Crown in the shape of increased rental.

This conclusion is, I think, borne out by the fact that no exaction of local rates has ever before been made. We have been taught that under the ordinance referred to in the Call it was unnecessary or superfluous to provide specifically for their exemption in cases of such buildings; and if so, it does appear in the highest degree unreasonable that the absence of such specification should now be advanced by the Attorney General as a negative ground for this novel-

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defaulter- That I am not personally liable to such an exaction must, I think be admitted when it is recollected that the premises are presented and paid for by the respective officers of Ordnance_ at the rate of £500 per place of business for the Commissariat; while my own share of the occupation is limited by Her Majesty's Regulations to a mere sectional part for which I am charged only £20 or a twenty-fifth of the whole rental. But even as a claim of the Local against the Home Government, I submit that it is utterly inadmissible—there is not, I believe, the shadow of a precedent for it either in this or other Colony. Buildings occupied as Barracks or otherwise for and on behalf of Her Majesty's Troops "have always a prescriptive right to exemption from local rates; and it would seem only fair to conclude that this right extends also to Buildings hired by the Crown as the difference between them and actual Crown property is a question simply of duration or expense with reference to such rates which, if even levied upon the Landlord, would have to be paid indirectly by the Crown in the shape of increased rental. This conclusion is, I think, borne out by the fact that no exaction of local rates has ever before been made. We have been taught that under the ordinance referred to in the Call it was unnecessary or superfluous to provide specifically for their exemption in cases of such buildings; and if so, it does appear in the highest degree unreasonable that the absence of such specification should now be advanced by the Attorney General as a negative ground for this novel-
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4. defaulter- That I am not personally liable. to such an exaction must. I think be admitted when it is recollected that premises the are sented and paid for a by the respective officers of Orduance_ at the rate of £500 per place of busincer for the Commissariat; white my own share of the recupation is limited by Her Majesty's Regulations to a mere sectional part for which I am charged only £20n a twenty fift of the schole rental- even as a But claim of the Local against the Home Goverment. I subuit. or any that it is utterly inadmissible_there is not. I believe the shadow of a precedent for it either in this other Colony Buildings sccupied as Barracks or otherwise for and on behalf of Her Majesty's Troops "have always a prescriptive right. to 1 exemption from local rates; and it would seem 233 only fair to conclude that this right extends ales to Buildings hired by the Crown as the difference between them and actual Crown property is a question simply of duration on expence with reference to such rates which if even levied upon the Lesson would have to be paid indirectly by the Crown in the shape of incrcared rental. of local rites has ev ever This conclusion is I think bone out by the fact first that no exaction. before been made away have been taught the Call under the ordinance referred to in the farming of which it unnecessary or superfluous to provide specifically for their exemption in of euch buildings; and if so it does appear in the highest degree unreasonable that the absence of such specification should now be advanced by the Attorney General negative ground for this novel- as a
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4.

defaulter-

That I am not personally liable.

to such an exaction must. I think be admitted when it is recollected that

premises

the

are

sented and paid for

a

by the respective officers of Orduance_ at the rate of £500 per place of busincer for the Commissariat; white

my own share of the recupation is limited by Her Majesty's Regulations to a mere sectional part for which I am charged only £20n a twenty fift of the

schole rental-

even as a

But

claim of the Local against the Home Goverment. I subuit.

or any

that it is utterly inadmissible_there is not. I believe the shadow of a precedent for

it either in this

other Colony Buildings sccupied as Barracks or otherwise for and on behalf of Her Majesty's Troops "have always a prescriptive right.

to

1

exemption from local rates; and it would seem

233

only fair to conclude that this right extends ales to Buildings hired

by the Crown as the difference between them and actual Crown property is a

question

simply of duration on expence with reference to such rates which

if

even

levied

upon

the Lesson would have to be paid

indirectly by the Crown in the shape of

incrcared rental.

of local rites has ev

ever

This conclusion is I

think bone out by

the

fact

first that no exaction.

before

been made

away

have been taught

the

Call

under the ordinance referred to in the

farming of which it

unnecessary or superfluous to provide

specifically for their

exemption in of euch buildings; and if so it does appear

in

the highest degree unreasonable that the absence of such specification should now be advanced by the Attorney General

negative ground for this novel-

as a

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