CO129-122 - Sir MacDonnell - 1867 [5-6] — Page 198

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

I attach much weight to his opinion, especially as it is one in conformity with English practice.

My opinion is based on the analogous liability of Military Officers in England to payment of poor rates, and his conclusion is, that when the occupation is not throughout of a public character, the liability exists.

Accordingly, guided by the Attorney General, I declined to admit the exemption claimed for Captain Carey's hired Quarters, and as the Governor states his intention of referring the matter to the War Department, I think it my duty to transmit the Attorney General's opinion and this correspondence to Your Grace.

I have merely to observe that whilst a decision of some sort is the thing most needed, it is well to keep in mind that two important principles are involved: First, as to the general right of exemption of Officers' hired Quarters from the rates; and Secondly, as to the proper time for claiming such exemption.

It is obvious that if these claims are not made at the time fixed by the Ordinance, but are permitted to be abruptly asserted when the rate has been struck and the valuation made, some unreasonable amount of confusion will arise in the Colony. That is not counterbalanced by any gain to the Colony, which may acquire from houses, formerly occupied by Military Officers, being rented by the Military, if a house be not rated before the 15th...

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I attach much weight to his opinion, especially as it is one in conformity with English practice. My opinion is based on the analogous liability of Military Officers in England to payment of poor rates, and his conclusion is, that when the occupation is not throughout of a public character, the liability exists. Accordingly, guided by the Attorney General, I declined to admit the exemption claimed for Captain Carey's hired Quarters, and as the Governor states his intention of referring the matter to the War Department, I think it my duty to transmit the Attorney General's opinion and this correspondence to Your Grace. I have merely to observe that whilst a decision of some sort is the thing most needed, it is well to keep in mind that two important principles are involved: First, as to the general right of exemption of Officers' hired Quarters from the rates; and Secondly, as to the proper time for claiming such exemption. It is obvious that if these claims are not made at the time fixed by the Ordinance, but are permitted to be abruptly asserted when the rate has been struck and the valuation made, some unreasonable amount of confusion will arise in the Colony. That is not counterbalanced by any gain to the Colony, which may acquire from houses, formerly occupied by Military Officers, being rented by the Military, if a house be not rated before the 15th...
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6- subject I attach much weight to his opinion especially as it is one in informily, weich English practice. 10. Mis opinion is based. en the in analogous liability of Military Pffins England te payment of poor rates, and his conclusion is, that when the occupation is not throughout of a public character the liability wish. 71. Accordingly guided by the Altervy General I declined to admit the ecoumption claimed for Captain Carey's hired Quarters, and an the General states his intention of referring the matter to the War Department I chist it my duty to transmit the Attorney Generali ofision and thie conespondence to Your Growe.. I have merely to observer that 19. 1 194 whilst a decision of some sort is the thing most needed it is well to keep in mind that live important funciples are involved: Frist as to the general right of wumption of Officers hired Quarters from the rates and Secondly, as to the proper time for claiming such exemption, it is obvious that, if AQ these claims are not made at the time fired by the Ordinance but are purmilled to be abruptly aperted when the rate has a been struck and the valuation made, samwhat unreasonable amount of car fusion, AO will life to the Colony arises. That is not counterbalanced by any gain life which the Colony may acquire from houses tole routed Military food to be rented by the Milita ecasing if for a house be not rated before the 15th
2026-05-19 18:01:56 · Baseline
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6-

subject I attach much weight to his opinion especially as it is one in informily, weich English practice.

10.

Mis

opinion

is based.

en

the

in

analogous liability of Military Pffins England te payment of poor rates, and his conclusion is, that when the occupation is not throughout of a public character the liability wish.

71.

Accordingly guided by the Altervy General

I declined to admit the ecoumption claimed for Captain Carey's hired Quarters, and an the General states his intention of referring the matter to the War Department I chist it my duty to transmit the Attorney Generali ofision and thie conespondence to Your Growe..

I have merely to observer that

19.

1

194

whilst a decision of some sort is the thing

most needed it is well to keep in mind that live important funciples are involved: Frist as to the general right of wumption

of Officers hired Quarters from the rates and Secondly, as to the proper time for claiming such exemption,

it is obvious that, if

AQ

these claims are not made at the time

fired by

the Ordinance but are purmilled

to be abruptly aperted when the rate has

a

been struck and the valuation made, samwhat unreasonable amount of car fusion,

AO

will

life

to the Colony arises. That is not counterbalanced by any gain

life which the Colony may acquire from houses tole routed Military food to be rented by the Milita

ecasing

if

for

a house be not rated before the 15th

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