CO129-123 - Sir MacDonnell - 1867 [7] — Page 474

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

12

the delivering of them up-

It is

necessary to be observed that the three paragraphs into which the Article is divided are distinct the one

from the

other

To the precedents alluded

to by the Governor of Macão I am referred by Mr Smith. I think that, probably, the Officers administering the Government of this Colony

at the time when the deserters

were

given up, acted from motives of courtesy and of course if His Excellency chooses to act upon the same principle

it is not my duty to offer

469

opinion to the Contrary-

I conceive it to be my duty

to advise upon the

matter of law only and, that being so, I am perfectly satisfied

that no legal demand can be made for the delivering up of-

deserters, under the article referred to, and the matter may be tested thus, if one of these deserters be arrested by a Police Officer in this Colony where is the defence to an Action of trespass by the deserter for false imprisonment? I can

see none

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12 the delivering of them up- It is necessary to be observed that the three paragraphs into which the Article is divided are distinct the one from the other To the precedents alluded to by the Governor of Macão I am referred by Mr Smith. I think that, probably, the Officers administering the Government of this Colony at the time when the deserters were given up, acted from motives of courtesy and of course if His Excellency chooses to act upon the same principle it is not my duty to offer 469 opinion to the Contrary- I conceive it to be my duty to advise upon the matter of law only and, that being so, I am perfectly satisfied that no legal demand can be made for the delivering up of- deserters, under the article referred to, and the matter may be tested thus, if one of these deserters be arrested by a Police Officer in this Colony where is the defence to an Action of trespass by the deserter for false imprisonment? I can see none
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12 the delivering of them up- It is necessary to be observed that the three paragraphs into which the Article is divided are distinct the one from the other To the precedents alluded to by the Governor of Macão I am referred by Mi Smith. I think that, probably, the Officers administering the Government of this Colony at the time when the deserters were. given up, acted from motives of courtesy and of course if His Excellency chooses to art upon the Saune principle it is not my duty to offer 469 opinion to the Contrary- Lconceive it to be my dutif the case as a to advise upon the matter of law only and, that being so, Journ so, I aur perfectly satisfied that no legal demand can be made for the delivering reps of- deserters, under the article referred to, and the matter may be tested thus, if one of these deserters be arrested by a Police Officer in this Colony where is the defence to an Action of trespass by the deserter for false imprisonment? I can see nones
2026-05-19 19:55:44 · Baseline
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12

the delivering of them up-

It is

necessary to be observed that the three paragraphs into which the Article is divided are distinct the one

from the

other

To the precedents alluded

to by the Governor of Macão I am referred by Mi Smith. I think that, probably, the Officers administering the Government of this Colony

at the time when the deserters

were.

given up, acted from motives of courtesy and of course if His Excellency chooses to art upon the Saune principle

it is not my duty to offer

469

opinion to the Contrary-

Lconceive it to be my dutif

the case as a

to advise upon the

matter of law only and, that being so, Journ

so, I aur perfectly satisfied

that no legal demand can be made for the delivering reps of-

deserters, under the article referred to, and the matter may be tested thus, if one of these deserters be arrested by a Police Officer in this Colony where is the defence to an Action of trespass by the deserter for false imprisonment? I can

see nones

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