CO129-129 - Sir MacDonnell - 1868 [1-3] — Page 314

In 4196788

COLONIAL SECRETARY'S OFFICE,

HONGKONG, 19th November, 1867.

312

GENTLEMEN,

1. I am directed to inform you that His Excellency SIR RICHARD GRAVES MACDONNELL duly received from me the letter addressed to him on behalf of yourselves and others, dated the 29th ultimo, and handed to me on the 2nd instant.

2. The Governor had hoped you could have strengthened his hands and assisted him to relieve you as much as possible of your obligation to repair the damage done to so important a work as the Sea Wall opposite your Lots. His Excellency, therefore, learned with much disappointment that so far from complying with the invitation contained in my circular letter of the 26th to confer with myself and the Surveyor General on the 2nd instant "with a view to making suggestions" for some combined action on the part of the Government and the Marine Lot Holders, you thought it right before meeting us to draw up a letter repudiating all intention to listen to any proposals of the Government for joining in the expense of the contemplated work. Such a procedure completely ignored the invitation of the Governor to confer with Representatives of the Government before adopting a decision.

3. Sufficient time has now elapsed to enable the Marine Lot Holders to recon- sider the position which they have taken up in a manner so needlessly abrupt, whatever may be the nature of their rights. As however no further communication has been received from you His Excellency reluctantly concludes there is no chance of your assisting voluntarily. He has, therefore, instructed the Acting Attorney General to institute proceedings in the least vexatious manner possible for the purpose of obtaining from the Supreme Court a decision as to the amount and nature of your liability in reference to the repairs in question. Such knowledge is in any case essential to those who are only acting as Agents for absent proprietors, and whose expenditure must be limited by their legal liabilities.

4. If those repairs are to be thrown entirely on the Colony, His Excellency fears that the magnitude of the undertaking will render it impossible, without increased taxation, to meet the expense, because the liabilities of the Colony quite preclude his sanctioning any contract for a work sufficiently strong to resist the Typhoons which annually recur, and obviously no other description of work should be undertaken.

5. On the other hand, if it be decided that the Marine Lot Holders are liable for repairs, His Excellency will be compelled to enforce the obligation, though he would much have preferred assisting you to discharge it by such contribution from Colonial funds, as might have been sanctioned by Her Majesty's Secretary of State if there had been any disposition to co-operate exhibited by the Lot Holders mainly interested.

Inclosure for 4 in Governa

Sir Richard Graves Mactonnells Desfutch & 456 of 9 March,

1868.

Το

Messrs. Jardine, Matheson & Co. and Others.