CO129-123 - Sir MacDonnell - 1867 [7] — Page 91

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

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Hengking 11321

8th July, 1867.

Governor

Dir Richards Graves MacDonnell's

His Grace

The Duke of Buckingham & Chandos.

"Prince Albert" Steamer

Correspondence with Sir Rutherford Alcock

Opinion of Attorney General as to illegality of confiscation. Injustice done to Owner of "Prince Albert"

6 Enclosures

It will sometimes happen that independent Authorities will take opposite views of the same case. But if so, must it not become simply a question which of the two is the authority competent to act in the matter? If the Minister and Consuls are the competent persons in this case, their judgment, sanctioned by the Foreign Secretary at home, seems to be final. Just as Colonial Governor used his powers in a case where a Colony, I apprehend that his judgment, if confirmed by a Secretary of State, must equally be conclusive, even though a Diplomatic Officer might take a different view.

The crux of the matter is, in a nutshell, the appeal is found in watery complications. The owner is in a difficult case.

In explanation, as I have been comprehended by Messrs Chesney & Cox, also authorities cited in the limits put forth (No. 40.5028/86 East India Company) that the owner in an extreme case (Robinson) is sufficient.

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Hengking 113218th July, 1867.GovernorDir Richards Graves MacDonnell'sHis GraceThe Duke of Buckingham & Chandos."Prince Albert" SteamerCorrespondence with Sir Rutherford AlcocknoOpinion of Attorney General as to illegality of confiscation. Injustice done to Owner of "Prince Albert"6 EnclosuresIt will sometimes happen that independent Authorities will take opposite views of the same case. But if so, must it not become simply a question which of the two is the authority competent to act in the matter? If the Minister and Consuls are the competent persons in this case, their judgment, sanctioned by the Foreign Secretary at home, seems to be final. Just as Colonial Governor used his powers in a case where a Colony, I apprehend that his judgment, if confirmed by a Secretary of State, must equally be conclusive, even though a Diplomatic Officer might take a different view.The crux of the matter is, in a nutshell, the appeal is found in watery complications. The owner is in a difficult case.In explanation, as I have been comprehended by Messrs Chesney & Cox, also authorities cited in the limits put forth (No. 40.5028/86 East India Company) that the owner in an extreme case (Robinson) is sufficient.

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Hengking 113218th July, 1867.GevemerDir Richards Graves Mackerelli'sHis GraceNr. Duste of Buckingham & Chanders."Prince Albert" SteamerCoverpendance with Sir Rutinford. AlevennoOpinion of Attorney General. as to illegality of confiscation. Injustice done le Owner of Prince Allur6 Enclosures·งMeIt will sometimes happen that independent Authaities 89 will take opposite crews of the same case. But if so, must it not beomme simply a question which of the two is the authority @mpetent to act in the Inatter? If the Minister and Consuls are the Empetent persms in this: case, their pidgment, sanctioned by the Feign Secretary at home, seems Meyn final. Just Colmial Gwernor used his powers in a as in a Case where a Colony, I apprehend that his pidgment, of emfirmed by an Secretag of State, must equally be conclusive, even though a Diplomatie Officer mightcan ci si aforkadenOn ar take a different view-THE7 LeperThe cura andit unused, titenutshell. The upel is found in water poi compicated. The owner ixcase.marExmin obylisکیa stone in Explanation, ut ich teen, we be comprenden Me Chesin & Cox, als autheitir dikilir. it f the limitats put tratten (N. 40.5028/86 Ease pop lie om in 7903 Hokery) that the oven in an suffricent ↑ (Rohelsen) is

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Hengking 11321

8th July, 1867.

Gevemer

Dir Richards Graves Mackerelli's

His Grace

Nr. Duste of Buckingham & Chanders.

"Prince Albert" Steamer

Coverpendance with Sir Rutinford. Aleven

Opinion of Attorney General. as to illegality of confiscation. Injustice done le Owner of

Prince Allur

6 Enclosures

ง

It will sometimes happen

that independent Authaities 89 will take opposite crews

of the

same case. But if so, must it not beomme simply a question which of the two is the authority @mpetent to act in the Inatter? If the Minister and Consuls are the Empetent persms in this : case, their pidgment, sanctioned by the Feign Secretary at home, seems Meyn final. Just Colmial Gwernor used his powers

in a

as in a Case

where

Colony, I apprehend that his pidgment, of emfirmed by an Secretag of State, must equally be conclusive, even though a Diplomatie Officer

might

can ci si a

forkaden

On ar

take

a different view-

THE

7 Leper

The cura and

it unused, tite

nutshell. The upel is found in

water poi compicated. The owner

ixcase.

mar

Exmin obylis

کی

a stone in Explanation, ut ich teen, we be comprenden Me Chesin & Cox, als autheitir dikilir. it f the limitats put tratten (N. 40.5028/86 Ease pop lie om in 7903 Hokery) that the oven in an

CO129-123 - Sir MacDonnell - 1867 [7] — Page 91

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