CO129-123 - Sir MacDonnell - 1867 [7] — Page 470

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

465

be given up.

There seems to be no power in the Treaty to give up deserters who have made their escape to this Colony from Macao, and even if there had been such a Treaty Provision tenable, that it would require a local Ordinance or Imperial Act to invest this Government with legal power to carry it out.

My own opinion is that, whatever precedents may exist to the contrary, I can only order deserters who have obtained admission to Government service to be discharged.

I don't even believe that without our enabling Statute, or local Ordinance, I could give up deserters from vessels in harbor. There are Ordinances enabling me to do so far, but I know of none authorizing me to go further than the Treaty, and give up deserters from Macao.

I am quite willing to dismiss them from Government employment, as that is a matter of Prerogative and would be a fair demand under the Treaty.

Refer to Attorney General

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465 be given up. There seems to be no power in the Treaty to give up deserters who have made their escape to this Colony from Macao, and even if there had been such a Treaty Provision tenable, that it would require a local Ordinance or Imperial Act to invest this Government with legal power to carry it out. My own opinion is that, whatever precedents may exist to the contrary, I can only order deserters who have obtained admission to Government service to be discharged. I don't even believe that without our enabling Statute, or local Ordinance, I could give up deserters from vessels in harbor. There are Ordinances enabling me to do so far, but I know of none authorizing me to go further than the Treaty, and give up deserters from Macao. I am quite willing to dismiss them from Government employment, as that is a matter of Prerogative and would be a fair demand under the Treaty. Refer to Attorney General

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465 be given up. There seems to be no power in the Treaty to give up deserters who have made their escape to this Colony from Macao, and even if there had been such a Treaty Provision tenable, that it would require a local un · Ordinance or Imperial Act to invest this Government with legal power to carry it out. - Henoem my own opinion I is that, what wer precedents may exist to the contree": can only order deserters who have obtained admission to Government service to be discharged_ Icons. nt even believe that without our enabling Statute, or local Ordinance, I could give up deserters from ressels in harbor. There are Ordinances enabling me to: so far, but I know of none authorizing go. Fore to go further than the Treaty, and give up deserters from Maraa Tann quite willing to dismiss them from Government -employment, as that is a matter of Prerogative and would be or fair demound under the Greaty. Refer to Attorney General

2026-05-19 19:54:21 · Baseline

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465

be given up.

· Ordinance or Imperial Act to invest this Government with legal power to carry it out. -

Henoem

my own opinion

is that, what wer precedents may exist to the contree": can only order deserters who have obtained admission to Government service to be discharged_

Icons.

nt even believe that without our enabling Statute, or local Ordinance, I could give up deserters from ressels in harbor. There are Ordinances

enabling me to: so far, but I know of none authorizing

go.

Fore

to go further than the Treaty, and give up deserters from Maraa

Tann quite willing to dismiss them from Government -employment, as that is a matter of Prerogative and would be or fair demound under the Greaty.

CO129-123 - Sir MacDonnell - 1867 [7] — Page 470

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