CO129-058 - Sir Bowring - 1856 [8-10] — Page 213

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

4.7

46.

On both of the occasions in question the Bench earnestly and repeatedly advised the Plaintiffs to remove the case by writ of Certiorari to the Supreme Court, not because any doubt was entertained of the justice or legality of their decision, but because it was of the greatest consequence that the construction of an Ordinance affecting interests of great magnitude and so ambiguous in its terms, should at once be settled by the highest judicial Authority of the Colony.

Considering that the Plaintiff on both occasions was representing the interests of the Crown it is our humble opinion that the course recommended by the Bench of Justices would have been not only more correct but more just and dignified than that which His Excellency has seen fit to pursue.

We do not feel called upon to express any opinion as to the construction of the Ordinance under which the decisions complained of were given; that may possibly come under the notice of the Government in another form.

It was not necessary for us to do more than satisfy ourselves of the intentions of the Bench in those decisions, and that they were good and not...

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4.7 46. On both of the occasions in question the Bench earnestly and repeatedly advised the Plaintiffs to remove the case by writ of Certiorari to the Supreme Court, not because any doubt was entertained of the justice or legality of their decision, but because it was of the greatest consequence that the construction of an Ordinance affecting interests of great magnitude and so ambiguous in its terms, should at once be settled by the highest judicial Authority of the Colony. Considering that the Plaintiff on both occasions was representing the interests of the Crown it is our humble opinion that the course recommended by the Bench of Justices would have been not only more correct but more just and dignified than that which His Excellency has seen fit to pursue. We do not feel called upon to express any opinion as to the construction of the Ordinance under which the decisions complained of were given; that may possibly come under the notice of the Government in another form. It was not necessary for us to do more than satisfy ourselves of the intentions of the Bench in those decisions, and that they were good and not... 211

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4.7 46. both of the occasions in question the Bench recially and repeatedly waged the Plaintifs to remove the ease by writ of Certioran to the Suureme Bout, not because any entertained of the Justice doubt was legality of their decision, but Sccause it was of the greatect consequence nance that the construction مد an Ordinance affecting interects of great magnitude and so ambiguous in its tersus, in its termus, should at rice be settled by the highest judicial Authority of the Colony. - Considering that the Plaintiff both occasions was representing of the interests of the Crown it is our no 211 humble opinion that the conse recommended by the Bench of Justices would have been not mý more correct but more just ann dignified than that which Ais beellency has seen fit to purene. We do not feel called upon to express any opinion as to the construction of the Groinance under which the decisions complained F wwere given; - - that may possibly come under the notices of the 斥 Government in another form. I was not necessary for ما to as rune than satisfy ourselves of the intentions of the Bench in those decisions, and that they were good and not

2026-05-18 05:06:21 · Baseline

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4.7

46.

both of the occasions in question the Bench recially and repeatedly waged the Plaintifs to remove the ease by writ of Certioran to the Suureme Bout, not because

any entertained of the Justice

doubt was

legality of their decision, but

Sccause it was of the greatect

consequence

nance

that the construction

مد

an Ordinance affecting interects of great magnitude and so ambiguous in its tersus,

in its termus, should at rice be settled by the highest judicial Authority of the Colony. - Considering that the Plaintiff both occasions was representing of the interests of the Crown it is our

211

humble opinion that the conse recommended by the Bench of Justices would have been not mý

more correct but more just ann

dignified than that which Ais beellency has seen fit to purene. We do not feel called upon

to express any opinion

as to the construction of the Groinance

under which the decisions complained

wwere given; -

- that

may possibly

come under the notices of the

斥

Government in another form. I

was not

necessary for

ما

to as rune

than satisfy ourselves of the intentions of the Bench in those decisions, and that they

CO129-058 - Sir Bowring - 1856 [8-10] — Page 213

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Private Research Note