CO129-058 - Sir Bowring - 1856 [8-10] — Page 267

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

265

the conduct of the Magistrate in giving effect, in the first instance, to what he believes to be the true intent of the law is not illegal in the sense in which His Excellency is pleased to apply the word.

24 A judge gives a decision which is reversed by a higher Court upon appeal, such decision, being contrary to the law, may be described as "illegal" in the literal sense of the word, but we should hesitate to say that the conduct of the judge in giving such a decision was illegal.

1. We are also advised that the costs of application, which are stated by His Excellency to have been visited upon the Chief Magistrate, have not been visited upon him, he having complied with the terms of the writ and been officially informed, by the Court itself, that no costs having been "incurred" he had no need to pay.

5. We are extremely surprised to learn from His Excellency that he was advised by the Attorney General that the Crown is excluded from the benefit of the writ of Certiorari,

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265 the conduct of the Magistrate in giving effect, in the first instance, to what he believes to be the true intent of the law is not illegal in the sense in which His Excellency is pleased to apply the word. 24 A judge gives a decision which is reversed by a higher Court upon appeal, such decision, being contrary to the law, may be described as "illegal" in the literal sense of the word, but we should hesitate to say that the conduct of the judge in giving such a decision was illegal. 1. We are also advised that the costs of application, which are stated by His Excellency to have been visited upon the Chief Magistrate, have not been visited upon him, he having complied with the terms of the writ and been officially informed, by the Court itself, that no costs having been "incurred" he had no need to pay. 5. We are extremely surprised to learn from His Excellency that he was advised by the Attorney General that the Crown is excluded from the benefit of the writ of Certiorari,

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1 265 the conduct of the Magistrate in giving effect, in the first- iinstance, to what he believes to be the true intent of the- al in the sense law is not illegal in which His Excellency is the word 24 pleased to apply a judge gives a decision which is reversed by a higher Court upon appeal, such decision, being contrary to the law, 'in be described as "illegali in may the the literal sense of the word, but we should besitate to say that the conduct of the pidge inn u giving illegal. such a decision was 4 1 . We are also advised that the costs of application, which are stated by His Excellency to have been visited upon the Chief Magistrate, have not been visited upon him, be ha aving. complied with the terms of the been officially writ and informed, by the fourt itself, that no costs having been "iincurred " he had move to pay 5. We are extremely surprind to learn from His Excellency that be ་་ was advised by the Attorney General that the ~ Crown is excluded from the benefit of the writ of Certiorari,

2026-05-18 05:16:02 · Baseline

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265

the

conduct of the Magistrate in giving effect, in the first-

iinstance, to what he believes

to be the true intent of the-

al in the sense

law is not illegal

in which His Excellency is

the word

pleased to apply a judge gives a decision which

is reversed

by a higher Court

upon appeal, such decision,

being contrary

to the law,

'in

be described as "illegali in

may

the

the literal sense

the word,

but we should besitate to say

that the conduct of the pidge

inn

u giving illegal.

such a decision was

1 . We are also advised that

the costs of application, which

are

stated by His Excellency to have been visited upon

the

Chief Magistrate, have not been visited upon him, be ha

aving.

complied with the terms of the

been officially

writ and

informed, by the fourt itself, that no costs having been

"iincurred " he had move to

pay 5. We are extremely surprind

to learn from His Excellency

that be

་་

was advised by the Attorney General that the ~ Crown is excluded from the benefit of the writ of Certiorari,

CO129-058 - Sir Bowring - 1856 [8-10] — Page 267

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Private Research Note